270 
‘‘(A) not less than 25 percent of the 
amounts made available to carry out this section 
for projects located in rural areas; and 
‘‘(B) not less than 25 percent of the 
amounts made available to carry out this section 
for projects located in urbanized areas with a 
population greater than 49,999 individuals and 
fewer than 200,001 individuals. 
‘‘(2) DEFINITION OF RURAL AREA.—In this sub-
section, the term ‘rural area’ means all areas of a 
State or territory not included in urbanized areas. 
‘‘(3) EXCESS FUNDING.—If the Secretary deter-
mines that there are insufficient qualified applicants 
to use the funds set aside under this subsection, the 
Secretary may use such funds for grants for any 
projects eligible under this section. 
‘‘(f) EVALUATION.—To evaluate applications under 
this section, the Secretary shall— 
‘‘(1) develop a process to objectively evaluate ap-
plications on the benefits of the project proposed in 
such application— 
‘‘(A) to transportation safety, including re-
ductions in traffic fatalities and serious injuries; 
‘‘(B) to state of good repair, including im-
proved condition of bridges and pavements; 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00270
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
271 
‘‘(C) to transportation system access, in-
cluding improved access to jobs and services; and 
‘‘(D) in reducing greenhouse gas emissions; 
‘‘(2) develop a rating system to assign a numeric 
value to each application, based on each of the cri-
teria described in paragraph (1); 
‘‘(3) for each application submitted, compare the 
total benefits of the proposed project, as determined by 
the rating system developed under paragraph (2), 
with the costs of such project, and rank each applica-
tion based on the results of the comparison; and 
‘‘(4) ensure that only such applications that are 
ranked highly based on the results of the comparison 
conducted under paragraph (3) are considered to re-
ceive a grant under this section. 
‘‘(g) WEIGHTING.—In establishing the evaluation 
process under subsection (f), the Secretary may assign dif-
ferent weights to the criteria described in subsection (f)(1) 
based on project type, population served by a project, and 
other context-sensitive considerations, provided that— 
‘‘(1) each application is rated on all criteria de-
scribed in subsection (f)(1); and 
‘‘(2) each application has the same possible min-
imum and maximum rating, regardless of any dif-
ferences in the weighting of criteria. 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00271
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
272 
‘‘(h) TRANSPARENCY.— 
‘‘(1) PUBLICLY AVAILABLE INFORMATION.—Prior 
to the issuance of any notice of funding opportunity 
under this section, the Secretary shall make publicly 
available on the website of the Department of Trans-
portation a detailed explanation of the evaluation 
and rating process developed under subsection (f), in-
cluding any differences in the weighting of criteria 
pursuant to subsection (g), if applicable, and update 
such website for each revision of the evaluation and 
rating process. 
‘‘(2) NOTIFICATIONS
TO
CONGRESS.—The Sec-
retary shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives, the Committee on Environment and Public 
Works of the Senate, the Committee on Banking, 
Housing, and Urban Affairs of the Senate, and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate the following written notifica-
tions: 
‘‘(A) A notification when the Secretary pub-
lishes or updates the information required under 
paragraph (1). 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00272
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
273 
‘‘(B) Not later than 30 days prior to the 
date on which the Secretary awards a grant 
under this section, a notification that includes— 
‘‘(i) the ratings of each application 
submitted pursuant to subsection (f)(2); 
‘‘(ii) the ranking of each application 
submitted pursuant to subsection (f)(3); and 
‘‘(iii) a list of all applications that re-
ceive final consideration by the Secretary to 
receive an award under this section pursu-
ant to subsection (f)(4). 
‘‘(C) Not later than 3 business days prior to 
the date on which the Secretary announces the 
award of a grant under this section, a notifica-
tion describing each grant to be awarded, includ-
ing the amount and the recipient. 
‘‘(i) TECHNICAL ASSISTANCE.—Of the amounts made 
available to carry out this section, the Secretary may re-
serve up to $3,000,000 to provide technical assistance to eli-
gible entities. 
‘‘(j) ADMINISTRATION.—Of the amounts made avail-
able to carry out this section, the Secretary may reserve 
up to $5,000,000 for the administrative costs of carrying 
out the program under this section. 
‘‘(k) TREATMENT OF PROJECTS.— 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00273
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
274 
‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 
shall, with respect to a project funded by a grant 
under this section, apply— 
‘‘(A) the requirements of this title to a high-
way project; 
‘‘(B) the requirements of chapter 53 of title 
49 to a public transportation project; and 
‘‘(C) the requirements of section 22905 of 
title 49 to a passenger rail or freight rail project. 
‘‘(2) MULTIMODAL PROJECTS.— 
‘‘(A) IN
GENERAL.—Except as otherwise 
provided in this paragraph, if an eligible project 
is a multimodal project, the Secretary shall— 
‘‘(i) determine the predominant modal 
component of the project; and 
‘‘(ii) apply the applicable requirements 
of such predominant modal component to 
the project. 
‘‘(B) EXCEPTIONS.— 
‘‘(i) PASSENGER
OR
FREIGHT
RAIL 
COMPONENT.—For any passenger or freight 
rail component of a project, the require-
ments of section 22907(j)(2) of title 49 shall 
apply. 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00274
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
275 
‘‘(ii) PUBLIC TRANSPORTATION COMPO-
NENT.—For any public transportation com-
ponent of a project, the requirements of sec-
tion 5333 of title 49 shall apply. 
‘‘(C) BUY AMERICA.—In applying the Buy 
American requirements under section 313 of this 
title and sections 5320, 22905(a), and 24305(f) 
of title 49 to a multimodal project under this 
paragraph, the Secretary shall— 
‘‘(i) consider the various modal compo-
nents of the project; and 
‘‘(ii) seek to maximize domestic jobs. 
‘‘(3) FEDERAL-AID HIGHWAY REQUIREMENTS.— 
Notwithstanding any other provision of this sub-
section, the Secretary shall require recipients of 
grants under this section to comply with subsection 
(a) of section 113 with respect to public transpor-
tation projects, passenger rail projects, and freight 
rail projects, in the same manner that recipients of 
grants are required to comply with such subsection 
for construction work performed on highway projects 
on Federal-aid highways. 
‘‘(l) TRANSPARENCY.— 
‘‘(1) IN GENERAL.—Not later than 30 days after 
awarding a grant for a project under this section, the 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00275
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
276 
Secretary shall send to all applicants, and publish on 
the website of the Department of Transportation— 
‘‘(A) a summary of each application made 
to the program for the grant application period; 
and 
‘‘(B) the evaluation and justification for the 
project selection, including ratings and rankings 
assigned to all applications and a list of appli-
cations that received final consideration by the 
Secretary to receive an award under this section, 
for the grant application period. 
‘‘(2) BRIEFING.—The Secretary shall provide, at 
the request of a grant applicant under this section, 
the opportunity to receive a briefing to explain any 
reasons the grant applicant was not awarded a grant. 
‘‘(m) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti-
ty’ means— 
‘‘(A) a metropolitan planning organization; 
‘‘(B) a unit of local government; 
‘‘(C) a transit agency; 
‘‘(D) a Tribal Government or a consortium 
of Tribal governments; 
‘‘(E) a multijurisdictional group of entities 
described in this paragraph; 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00276
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
277 
‘‘(F) a special purpose district with a 
transportation function or a port authority; 
‘‘(G) a territory; or 
‘‘(H) a State that applies for a grant under 
this section jointly with an entity described in 
subparagraphs (A) through (G). 
‘‘(2) ELIGIBLE
PROJECT.—The term ‘eligible 
project’ means any project eligible under this title or 
chapter 53 of title 49.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
1 of title 23, United States Code, is further amended by 
adding at the end the following new item: 
‘‘173. Community transportation investment grant program.’’. 
SEC. 1303. GRANTS FOR CHARGING AND FUELING INFRA-
STRUCTURE TO MODERNIZE AND RECON-
NECT AMERICA FOR THE 21ST CENTURY. 
(a) PURPOSE.—The purpose of this section is to estab-
lish a grant program to strategically deploy electric vehicle 
charging infrastructure, natural gas fueling, propane fuel-
ing, and hydrogen fueling infrastructure along designated 
alternative fuel corridors that will be accessible to all driv-
ers of electric vehicles, natural gas vehicles, propane vehi-
cles, and hydrogen vehicles. 
(b) GRANT PROGRAM.—Section 151 of title 23, United 
States Code, is amended— 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00277
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
278 
(1) in subsection (a) by striking ‘‘Not later than 
1 year after the date of enactment of the FAST Act, 
the Secretary shall’’ and inserting ‘‘The Secretary 
shall periodically’’; 
(2) in subsection (b)(2) by inserting ‘‘previously 
designated by the Federal Highway Administration 
or’’ after ‘‘fueling corridors’’; 
(3) in subsection (d)— 
(A) by striking ‘‘5 years after the date of es-
tablishment of the corridors under subsection (a), 
and every 5 years thereafter’’ and inserting ‘‘180 
days after the date of enactment of the INVEST 
in America Act’’; and 
(B) by inserting ‘‘establish a recurring 
process to regularly’’ after ‘‘the Secretary shall’’; 
(4) in subsection (e)— 
(A) in paragraph (1) by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in paragraph (2)— 
(i) by striking ‘‘establishes an aspira-
tional goal of achieving’’ and inserting ‘‘de-
scribes efforts to achieve’’; and 
(ii) by striking ‘‘by the end of fiscal 
year 2020.’’ and inserting a semicolon; and 
(C) by adding at the end the following: 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00278
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
279 
‘‘(3) summarizes best practices and provides 
guidance, developed through consultation with the 
Secretary of Energy, for project development of elec-
tric vehicle charging infrastructure, hydrogen fueling 
infrastructure, and natural gas fueling infrastructure 
at the State, tribal, and local level to allow for the 
predictable deployment of such infrastructure; and 
‘‘(4) summarizes the progress and implementa-
tion of the grant program under subsection (f), in-
cluding— 
‘‘(A) a description of how funds awarded 
through the grant program under subsection (f) 
will aid efforts to achieve strategic deployment of 
electric vehicle charging infrastructure, natural 
gas fueling, propane fueling, and hydrogen fuel-
ing infrastructure in those corridors; 
‘‘(B) the total number and location of 
charging and fueling stations installed under 
subsection (f); and 
‘‘(C) the total estimated greenhouse gas 
emissions that have been reduced through the use 
of electric vehicle charging, natural gas fueling, 
propane fueling, or hydrogen fueling infrastruc-
ture funded under subsection (f) using the meth-
odology identified in paragraph (3)(B).’’; and 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00279
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
280 
(5) by adding at the end the following: 
‘‘(f) ELECTRIC VEHICLE CHARGING, NATURAL GAS 
FUELING, PROPANE FUELING, AND HYDROGEN FUELING 
INFRASTRUCTURE GRANTS.— 
‘‘(1) ESTABLISHMENT.—Not later than 1 year 
after the date of enactment of the INVEST in Amer-
ica Act, the Secretary shall establish a grant program 
to award grants to eligible entities for electric vehicle 
charging, natural gas fueling, propane fueling, and 
hydrogen fueling infrastructure projects. 
‘‘(2) ELIGIBLE ENTITY.—An entity eligible to re-
ceive a grant under this subsection is— 
‘‘(A) a State (as such term is defined in sec-
tion 401) or political subdivision of a State; 
‘‘(B) a metropolitan planning organization; 
‘‘(C) a unit of local government; 
‘‘(D) a special purpose district or public 
authority with a transportation function, includ-
ing a port authority; 
‘‘(E) a Tribal government; 
‘‘(F) an authority, agency, or instrumen-
tality of, or an entity owned by, 1 or more of the 
entities described in subparagraphs (A) through 
(E); or 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00280
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
281 
‘‘(G) a group of entities described in sub-
paragraphs (A) through (F). 
‘‘(3) APPLICATION.—To be eligible to receive a 
grant under this subsection, an eligible entity shall 
submit to the Secretary an application at such time, 
in such manner, and containing such information as 
the Secretary shall require, including— 
‘‘(A) a description of— 
‘‘(i) the public accessibility of the 
charging or fueling infrastructure proposed 
to be funded with a grant under this sub-
section, including— 
‘‘(I) charging or fueling connector 
types; 
‘‘(II) publicly available informa-
tion on real-time availability; and 
‘‘(III) payment methods available 
to all members of the public to ensure 
secure, convenient, fair, and equal ac-
cess and not limited by membership to 
a particular provider; 
‘‘(ii) collaborative engagement with the 
entity with jurisdiction over the roadway 
and any other relevant stakeholders (includ-
ing automobile manufacturers, utilities, in-
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00281
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
282 
frastructure providers, technology providers, 
electric charging, natural gas, propane, and 
hydrogen fuel providers, metropolitan plan-
ning organizations, States, Indian Tribes, 
units of local government, fleet owners, fleet 
managers, fuel station owners and opera-
tors, labor organizations, infrastructure 
construction and component parts sup-
pliers, and multistate and regional enti-
ties)— 
‘‘(I) to foster enhanced, coordi-
nated, public-private or private invest-
ment in electric vehicle charging, nat-
ural gas fueling, propane fueling, and 
hydrogen fueling infrastructure; 
‘‘(II) to expand deployment of 
electric vehicle charging, natural gas 
fueling, propane fueling, or hydrogen 
fueling infrastructure; 
‘‘(III) to protect personal privacy 
and ensure cybersecurity; and 
‘‘(IV) to ensure that a properly 
trained workforce is available to con-
struct and install electric vehicle charg-
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00282
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
283 
ing, natural gas fueling, propane fuel-
ing, or hydrogen fueling infrastructure; 
‘‘(iii) the location of the station or 
fueling site, including consideration of— 
‘‘(I) the availability of onsite 
amenities for vehicle operators, includ-
ing restrooms or food facilities; 
‘‘(II) access in compliance with 
the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.); 
‘‘(III) height and fueling capacity 
requirements for facilities that charge 
or refuel large vehicles, including 
semitrailer trucks; and 
‘‘(IV) appropriate distribution to 
avoid redundancy and fill charging or 
fueling gaps; 
‘‘(iv) infrastructure installation that 
can be responsive to technology advance-
ments, including accommodating autono-
mous vehicles and future charging methods; 
‘‘(v) the long-term operation and 
maintenance of the electric vehicle charging 
or hydrogen fueling infrastructure to avoid 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00283
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
284 
stranded assets and protect the investment 
of public funds in such infrastructure; and 
‘‘(vi) in the case of an applicant that 
is not a State department of transportation, 
the degree of coordination with the applica-
ble State department of transportation; and 
‘‘(B) an assessment of the estimated green-
house gas emissions and air pollution from vehi-
cle emissions that will be reduced through the use 
of electric vehicle charging, natural gas fueling, 
propane fueling, or hydrogen fueling infrastruc-
ture, which shall be conducted using one stand-
ardized methodology or tool as determined by the 
Secretary. 
‘‘(4) CONSIDERATIONS.—In selecting eligible en-
tities to receive a grant under this subsection, the Sec-
retary shall— 
‘‘(A) consider the extent to which the appli-
cation of the eligible entity would— 
‘‘(i) reduce estimated greenhouse gas 
emissions and air pollution from vehicle 
emissions, weighted by the total Federal in-
vestment in the project; 
‘‘(ii) improve alternative fueling cor-
ridor networks by— 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00284
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
285 
‘‘(I) converting corridor-pending 
corridors to corridor-ready corridors; 
or 
‘‘(II) in the case of corridor-ready 
corridors, providing additional capac-
ity— 
‘‘(aa) to meet excess demand 
for charging or fueling infrastruc-
ture; or 
‘‘(bb) to reduce congestion at 
existing charging or fueling infra-
structure in high-traffic locations; 
‘‘(iii) meet current or anticipated mar-
ket demands for charging or fueling infra-
structure; 
‘‘(iv) enable or accelerate the construc-
tion of charging or fueling infrastructure 
that would be unlikely to be completed with-
out Federal assistance; 
‘‘(v) support a long-term competitive 
market for electric vehicle charging infra-
structure, natural gas fueling, propane fuel-
ing, or hydrogen fueling infrastructure that 
does not significantly impair existing elec-
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00285
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
286 
tric vehicle charging or hydrogen fueling in-
frastructure providers; and 
‘‘(vi) reducing greenhouse gas emis-
sions in established goods-movement cor-
ridors, locations serving first- and last-mile 
freight near ports and freight hubs, and lo-
cations that optimize infrastructure net-
works and reduce hazardous air pollutants 
in 
communities 
disproportionately 
im-
pacted by such pollutants; and 
‘‘(B) ensure, to the maximum extent prac-
ticable, geographic diversity among grant recipi-
ents to ensure that electric vehicle charging in-
frastructure or hydrogen fueling infrastructure is 
available throughout the United States. 
‘‘(5) USE OF FUNDS.— 
‘‘(A) IN GENERAL.—Any grant made under 
this subsection shall be— 
‘‘(i) directly related to the charging or 
fueling of a vehicle; and 
‘‘(ii) only for charging or fueling in-
frastructure that is open to the general pub-
lic. 
‘‘(B) LOCATION OF INFRASTRUCTURE.— 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00286
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
287 
‘‘(i) IN GENERAL.—Any electric vehicle 
charging, natural gas fueling, propane fuel-
ing, or hydrogen fueling infrastructure ac-
quired and installed with a grant under 
this subsection shall be located along an al-
ternative fuel corridor designated under this 
section or by a State or group of States. 
‘‘(ii) 
EXCEPTION.—Notwithstanding 
clause (i), the Secretary may make a grant 
for electric vehicle charging or hydrogen 
fueling infrastructure not on a designated 
alternative fuel corridor if the applicant 
demonstrates that the proposed charging or 
fueling infrastructure would expand deploy-
ment of electric vehicle charging or hydro-
gen fueling to a greater number of users 
than investments on such corridor. 
‘‘(C) OPERATING ASSISTANCE.— 
‘‘(i) IN GENERAL.—Subject to clauses 
(ii) and (iii), an eligible entity that receives 
a grant under this subsection may use a 
portion of the funds for operating assistance 
for the first 5 years of operations after the 
installation of electric vehicle charging, nat-
ural gas fueling, propane fueling, or hydro-
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00287
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
288 
gen fueling infrastructure while the facility 
transitions to independent system oper-
ations. 
‘‘(ii) INCLUSION.—Operating assist-
ance under this subparagraph shall be lim-
ited to costs allocable to operating and 
maintaining the electric vehicle charging, 
natural gas fueling, propane fueling, or hy-
drogen fueling infrastructure and service. 
‘‘(iii) LIMITATION.—Operating assist-
ance under this subparagraph may not ex-
ceed the amount of a contract under sub-
paragraph (A) to acquire and install elec-
tric vehicle charging, natural gas fueling, 
propane fueling, or hydrogen fueling infra-
structure. 
‘‘(D) SIGNS.— 
‘‘(i) IN
GENERAL.—Subject to this 
paragraph and paragraph (6)(B), an eligi-
ble entity that receives a grant under this 
subsection may use a portion of the funds to 
acquire and install— 
‘‘(I) traffic control devices located 
in the right-of-way to provide direc-
tional information to electric vehicle 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00288
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
290 
‘‘(F) PRIVATE ENTITY.— 
‘‘(i) IN GENERAL.—An eligible entity 
receiving a grant under this subsection may 
use the funds in accordance with this para-
graph to contract with a private entity for 
installation, operation, or maintenance of 
electric vehicle charging, natural gas fuel-
ing, propane fueling, or hydrogen fueling 
infrastructure. 
‘‘(ii) INCLUSION.—An eligible private 
entity includes privately, publicly, or coop-
eratively owned utilities, private electric ve-
hicle service equipment and hydrogen fuel-
ing infrastructure providers, and retail fuel 
stations. 
‘‘(6) PROJECT REQUIREMENTS.— 
‘‘(A) IN
GENERAL.—Notwithstanding any 
other provision of law, any project funded by a 
grant under this subsection shall be treated as a 
project on a Federal-aid highway. 
‘‘(B) 
ELECTRIC
VEHICLE
CHARGING 
PROJECTS.—A project for electric vehicle charg-
ing infrastructure funded by a grant under this 
subsection shall be subject to the requirements of 
section 155. 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00290
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
291 
‘‘(7) FEDERAL SHARE.—The Federal share of the 
cost of a project carried out with a grant under this 
subsection shall not exceed 80 percent of the total 
project cost. 
‘‘(8) CERTIFICATION.—The Secretary of Com-
merce shall certify that no projects carried out under 
this subsection use minerals sourced or processed with 
child labor, as such term is defined in Article 3 of the 
International Labor Organization Convention con-
cerning the prohibition and immediate action for the 
elimination of the worst forms of child labor (Decem-
ber 2, 2000), or in violation of human rights.’’. 
SEC. 1304. COMMUNITY CLIMATE INNOVATION GRANTS. 
(a) IN GENERAL.—Chapter 1 of title 23, United States 
Code, as amended by this title, is further amended by in-
serting after section 171 the following: 
‘‘§ 172. Community climate innovation grants 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish 
a community climate innovation grant program (in this 
section referred to as the ‘Program’) to make grants, on a 
competitive basis, for locally selected projects that reduce 
greenhouse gas emissions while improving the mobility, ac-
cessibility, and connectivity of the surface transportation 
system. 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00291
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
292 
‘‘(b) PURPOSE.—The purpose of the Program shall be 
to support communities in reducing greenhouse gas emis-
sions from the surface transportation system. 
‘‘(c) ELIGIBLE
APPLICANTS.—The Secretary may 
make grants under the Program to the following entities: 
‘‘(1) A metropolitan planning organization. 
‘‘(2) A unit of local government or a group of 
local governments, or a county or multi-county spe-
cial district. 
‘‘(3) A subdivision of a local government. 
‘‘(4) A transit agency. 
‘‘(5) A special purpose district with a transpor-
tation function or a port authority. 
‘‘(6) A Tribal government or a consortium of 
tribal governments. 
‘‘(7) A territory. 
‘‘(8) A multijurisdictional group of entities de-
scribed in paragraphs (1) through (7). 
‘‘(d) APPLICATIONS.—To be eligible for a grant under 
the Program, an entity specified in subsection (c) shall sub-
mit to the Secretary an application in such form, at such 
time, and containing such information as the Secretary de-
termines appropriate. 
‘‘(e) ELIGIBLE PROJECTS.—The Secretary may only 
provide a grant under the Program for a project that is 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00292
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
293 
expected to yield a significant reduction in greenhouse gas 
emissions from the surface transportation system and— 
‘‘(1) is a project eligible for assistance under this 
title or under chapter 53 of title 49 or supports fuel-
ing infrastructure for fuels defined under section 
9001(5) of the Farm Security and Rural Investment 
Act of 2002 (7 U.S.C. 8101(5)); or 
‘‘(2) is a capital project as defined in section 
22906 of title 49 to improve intercity passenger rail 
that will yield a significant reduction in single occu-
pant vehicle trips and improve mobility on public 
roads. 
‘‘(f) ELIGIBLE USES.—Grant amounts received for a 
project under the Program may be used for— 
‘‘(1) development phase activities, including 
planning, feasibility analysis, revenue forecasting, en-
vironmental review, preliminary engineering and de-
sign work, and other preconstruction activities; and 
‘‘(2) construction, reconstruction, rehabilitation, 
acquisition of real property (including land related to 
the project and improvements to the land), environ-
mental mitigation, construction contingencies, acqui-
sition of equipment, and operational improvements. 
‘‘(g) PROJECT PRIORITIZATION.—In making grants 
for projects under the Program, the Secretary shall give pri-
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00293
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
294 
ority to projects that are expected to yield the most signifi-
cant reductions in greenhouse gas emissions from the sur-
face transportation system. 
‘‘(h) 
ADDITIONAL
CONSIDERATIONS.—In 
making 
grants for projects under the Program, the Secretary shall 
consider the extent to which— 
‘‘(1) a project maximizes greenhouse gas reduc-
tions in a cost-effective manner; 
‘‘(2) a project reduces dependence on single-occu-
pant vehicle trips or provides additional transpor-
tation options; 
‘‘(3) a project improves the connectivity and ac-
cessibility of the surface transportation system, par-
ticularly to low- and zero-emission forms of transpor-
tation, including public transportation, walking, and 
bicycling; 
‘‘(4) an applicant has adequately considered or 
will adequately consider, including through the oppor-
tunity for public comment, the environmental justice 
and equity impacts of the project; 
‘‘(5) a project contributes to geographic diversity 
among grant recipients, including to achieve a bal-
ance between urban, suburban, and rural commu-
nities; 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00294
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
295 
‘‘(6) a project serves low-income residents of low- 
income communities, including areas of persistent 
poverty, while not displacing such residents; 
‘‘(7) a project uses pavement materials that dem-
onstrate reductions in greenhouse gas emissions 
through sequestration or innovative manufacturing 
processes; 
‘‘(8) a project repurposes neglected or underused 
infrastructure, 
including 
abandoned 
highways, 
bridges, railways, trail ways, and adjacent underused 
spaces, into new hybrid forms of public space that 
support multiple modes of transportation; and 
‘‘(9) a project includes regional multimodal 
transportation system management and operations 
elements that will improve the effectiveness of such 
project and encourage reduction of single occupancy 
trips by providing the ability of users to plan, use, 
and pay for multimodal transportation alternatives. 
‘‘(i) FUNDING.— 
‘‘(1) 
MAXIMUM
AMOUNT.—The 
maximum 
amount of a grant under the Program shall be 
$25,000,000. 
‘‘(2) TECHNICAL ASSISTANCE.—Of the amounts 
made available to carry out the Program, the Sec-
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00295
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
296 
retary may use up to 1 percent to provide technical 
assistance to applicants and potential applicants. 
‘‘(j) TREATMENT OF PROJECTS.— 
‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 
shall, with respect to a project funded by a grant 
under this section, apply— 
‘‘(A) the requirements of this title to a high-
way project; 
‘‘(B) the requirements of chapter 53 of title 
49 to a public transportation project; and 
‘‘(C) the requirements of section 22905 of 
title 49 to a passenger rail or freight rail project. 
‘‘(2) MULTIMODAL PROJECTS.— 
‘‘(A) IN
GENERAL.—Except as otherwise 
provided in this paragraph, if an eligible project 
is a multimodal project, the Secretary shall— 
‘‘(i) determine the predominant modal 
component of the project; and 
‘‘(ii) apply the applicable requirements 
of such predominant modal component to 
the project. 
‘‘(B) EXCEPTIONS.— 
‘‘(i) PASSENGER
OR
FREIGHT
RAIL 
COMPONENT.—For any passenger or freight 
rail component of a project, the require-
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00296
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
297 
ments of section 22907(j)(2) of title 49 shall 
apply. 
‘‘(ii) PUBLIC TRANSPORTATION COMPO-
NENT.—For any public transportation com-
ponent of a project, the requirements of sec-
tion 5333 of title 49 shall apply. 
‘‘(C) BUY AMERICA.—In applying the Buy 
American requirements under section 313 of this 
title and sections 5320, 22905(a), and 24305(f) 
of title 49 to a multimodal project under this 
paragraph, the Secretary shall— 
‘‘(i) consider the various modal compo-
nents of the project; and 
‘‘(ii) seek to maximize domestic jobs. 
‘‘(3) FEDERAL-AID HIGHWAY REQUIREMENTS.— 
Notwithstanding any other provision of this sub-
section, the Secretary shall require recipients of 
grants under this section to comply with subsection 
(a) of section 113 with respect to public transpor-
tation projects, passenger rail projects, and freight 
rail projects, in the same manner that recipients of 
grants are required to comply with such subsection 
for construction work performed on highway projects 
on Federal-aid highways. 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00297
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
298 
‘‘(k) SINGLE-OCCUPANCY VEHICLE HIGHWAY FACILI-
TIES.—None of the funds provided under this section may 
be used for a project that will result in the construction 
of new capacity available to single occupant vehicles unless 
the project consists of a high-occupancy vehicle facility and 
is consistent with section 166. 
‘‘(l) DEFINITION
OF AREAS
OF PERSISTENT POV-
ERTY.—In this section, the term ‘areas of persistent poverty’ 
means— 
‘‘(1) any county that has had 20 percent or more 
of the population of such county living in poverty 
over the past 30 years, as measured by the 1990 and 
2000 decennial censuses and the most recent Small 
Area Income and Poverty Estimates; 
‘‘(2) any census tract with a poverty rate of at 
least 20 percent, as measured by the most recent 5- 
year data series available from the American Commu-
nity Survey of the Bureau of the Census for all States 
and Puerto Rico; or 
‘‘(3) any other territory or possession of the 
United States that has had 20 percent or more of its 
population living in poverty over the past 30 years, 
as measured by the 1990, 2000, and 2010 island 
areas decennial censuses, or equivalent data, of the 
Bureau of the Census.’’. 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00298
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
299 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
1 of title 23, United States Code, is amended by inserting 
after the item relating to section 171 the following: 
‘‘172. Community climate innovation grants.’’. 
SEC. 1305. METRO PERFORMANCE PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall directly allocate funds in accordance with this 
section to enhance local decision making and control in de-
livering projects to address local transportation needs. 
(b) DESIGNATION.— 
(1) IN GENERAL.—The Secretary shall designate 
direct recipients based on the criteria in paragraph 
(3) to be direct recipients of funds under this section. 
(2) RESPONSIBILITIES.—A direct recipient shall 
be responsible for compliance with any requirements 
related to the use of Federal funds vested in a State 
department of transportation under chapter 1 of title 
23, United States Code. 
(3) CRITERIA.—In designating an applicant 
under this subsection, the Secretary shall consider— 
(A) the legal, financial, and technical ca-
pacity of the applicant; 
(B) the level of coordination between the ap-
plicant and— 
(i) the State department of transpor-
tation of the State or States in which the 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00299
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
300 
metropolitan planning area represented by 
the applicant is located; 
(ii) local governments and providers of 
public transportation within the metropoli-
tan planning area represented by the appli-
cant; and 
(iii) if more than 1 metropolitan plan-
ning organization is designated within an 
urbanized area represented by the appli-
cant, any other such metropolitan planning 
organization; 
(C) in the case of an applicant that rep-
resents an urbanized area population of greater 
than 200,000, the effectiveness of project delivery 
and timely obligation of funds made available 
under section 133(d)(1)(A)(i) of title 23, United 
States Code; 
(D) if the applicant or a local government 
within the metropolitan planning area that the 
applicant represents has been the recipient of a 
discretionary grant from the Secretary within 
the preceding 5 years, the administration of such 
grant; 
(E) the extent to which the planning and 
decision making process of the applicant, includ-
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00300
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
301 
ing the long-range transportation plan and the 
approved transportation improvement program 
under section 134 of such title, support— 
(i) the performance goals established 
under section 150(b) of such title; and 
(ii) the achievement of metropolitan or 
statewide performance targets established 
under section 150(d) of such title; 
(F) whether the applicant is a designated 
recipient of funds from the Federal Transit Ad-
ministration as described under subsections (A) 
and (B) of section 5302(4) of title 49, United 
States Code; and 
(G) any other criteria established by the 
Secretary. 
(4) REQUIREMENTS.— 
(A) CALL FOR NOMINATION.—Not later than 
February 1, 2022, the Secretary shall publish in 
the Federal Register a notice soliciting applica-
tions for designation under this subsection. 
(B) GUIDANCE.—The notification under 
paragraph (1) shall include guidance on the re-
quirements and responsibilities of a direct re-
cipient under this section, including imple-
menting regulations. 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00301
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
302 
(C) DETERMINATION.—The Secretary shall 
make all designations under this section for fis-
cal year 2023 not later than June 1, 2022. 
(5) TERM.—Except as provided in paragraph 
(6), a designation under this subsection shall— 
(A) be for a period of not less than 5 years; 
and 
(B) be renewable. 
(6) TERMINATION.— 
(A) IN GENERAL.—The Secretary shall es-
tablish procedures for the termination of a des-
ignation under this subsection. 
(B) CONSIDERATIONS.—In establishing pro-
cedures under subparagraph (A), the Secretary 
shall consider— 
(i) with respect to projects carried out 
under this section, compliance with the re-
quirements of title 23, United States Code, 
or chapter 53 of title 49, United States 
Code; and 
(ii) the obligation rate of any funds— 
(I) made available under this sec-
tion; and 
(II) in the case of a metropolitan 
planning organization that represents 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00302
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
303 
a metropolitan planning area with an 
urbanized area population of greater 
than 200,000, made available under 
section 133(d)(1)(A)(i) of title 23, 
United States Code. 
(c) USE OF FUNDS.— 
(1) ELIGIBLE PROJECTS.—Funds made available 
under this section may be obligated for the purposes 
described in section 133(b) of title 23, United States 
Code. 
(2) ADMINISTRATIVE EXPENSES AND TECHNICAL 
ASSISTANCE.—Of the amounts made available under 
this section, the Secretary may set aside not more 
than $5,000,000 for program management, oversight, 
and technical assistance to direct recipients. 
(d) RESPONSIBILITIES OF DIRECT RECIPIENTS.— 
(1) DIRECT AVAILABILITY OF FUNDS.—Notwith-
standing title 23, United States Code, the amounts 
made available under this section shall be allocated to 
each direct recipient for obligation. 
(2) PROJECT DELIVERY.— 
(A) IN GENERAL.—The direct recipient may 
collaborate with a State, unit of local govern-
ment, regional entity, or transit agency to carry 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00303
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
304 
out a project under this section and ensure com-
pliance with all applicable Federal requirements. 
(B) STATE AUTHORITY.—The State may ex-
ercise, on behalf of the direct recipient, any 
available decisionmaking authorities or actions 
assumed from the Secretary. 
(C) USE OF FUNDS.—The direct recipient 
may use amounts made available under this sec-
tion to compensate a State, unit of local govern-
ment, regional entity, or transit agency for costs 
incurred in providing assistance under this 
paragraph. 
(3) DISTRIBUTION OF AMOUNTS AMONG DIRECT 
RECIPIENTS.— 
(A) IN GENERAL.—Subject to subparagraph 
(B), on the first day of the fiscal year for which 
funds are made available under this section, the 
Secretary shall allocate such funds to each direct 
recipient as the proportion of the population (as 
determined by data collected by the Bureau of 
the Census) of the urbanized area represented by 
any 1 direct recipient bears to the total popu-
lation of all of urbanized areas represented by all 
direct recipients. 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00304
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
305 
(B) MINIMUM AND MAXIMUM AMOUNTS.—Of 
funds allocated to direct recipients under sub-
paragraph (A), each direct recipient shall receive 
not less than $10,000,000 and not more than 
$50,000,000 each fiscal year. 
(C) MINIMUM
GUARANTEED
AMOUNT.—In 
making a determination whether to designate a 
metropolitan planning organization as a direct 
recipient under subsection (b), the Secretary 
shall ensure that each direct recipient receives 
the minimum required allocation under subpara-
graph (B). 
(D) 
ADDITIONAL
AMOUNTS.—If 
any 
amounts remain undistributed after the distribu-
tion described in this subsection, such remaining 
amounts and an associated amount of obligation 
limitation shall be made available as if suballo-
cated under clauses (i) and (ii) of section 
133(d)(1)(A) of title 23, United States Code, and 
distributed among the States in the proportion 
that the relative shares of the population (as de-
termined by data collected by the Bureau of the 
Census) of the urbanized areas of each State 
bears to the total populations of all urbanized 
areas across all States. 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00305
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
306 
(4) ASSUMPTION
OF
RESPONSIBILITY
OF
THE 
SECRETARY.— 
(A) IN GENERAL.—For projects carried out 
with funds provided under this section, the direct 
recipient may assume the responsibilities of the 
Secretary under section 106 of title 23, United 
States Code, for design, plans, specifications, es-
timates, contract awards, and inspections with 
respect to the projects unless the Secretary deter-
mines that the assumption is not appropriate. 
(B) AGREEMENT.—The Secretary and the 
direct recipient shall enter into an agreement re-
lating to the extent to which the direct recipient 
assumes the responsibilities of the Secretary 
under this paragraph. 
(C) LIMITATIONS.—The Secretary shall re-
tain responsibilities described in subparagraph 
(A) for any project that the Secretary determines 
to be in a high-risk category, including projects 
on the National Highway System. 
(e) EXPENDITURE OF FUNDS.— 
(1) CONSISTENCY
WITH
METROPOLITAN
PLAN-
NING.—Except as otherwise provided in this section, 
programming and expenditure of funds for projects 
under this section shall be consistent with the require-
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00306
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
307 
ments of section 134 of title 23, United States Code, 
and section 5303 of title 49, United States Code. 
(2) SELECTION OF PROJECTS.— 
(A) IN
GENERAL.—Notwithstanding sub-
sections (j)(5) and (k)(4) of section 134 of title 
23, United States Code, or subsections (j)(5) and 
(k)(4) of section 5303 of title 49, United States 
Code, a direct recipient shall select, from the ap-
proved transportation improvement program 
under such sections, all projects to be funded 
under this section, including projects on the Na-
tional Highway System. 
(B) ELIGIBLE PROJECTS.—The project se-
lection process described in this subsection shall 
apply to all federally funded projects within the 
boundaries of a metropolitan planning area 
served by a direct recipient that are carried out 
under this section. 
(C) CONSULTATION REQUIRED.—In select-
ing a project under this subsection, the metro-
politan planning organization shall consult 
with— 
(i) in the case of a highway project, the 
State and locality in which such project is 
located; and 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00307
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
308 
(ii) in the case of a transit project, any 
affected public transportation operator. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
section shall be construed to limit the ability of a di-
rect recipient to partner with a State department of 
transportation or other recipient of Federal funds 
under title 23, United States Code, or chapter 53 of 
title 49, United States Code, to carry out a project. 
(f) TREATMENT OF FUNDS.— 
(1) IN GENERAL.—Except as provided in this 
section, funds made available to carry out this section 
shall be administered as if apportioned under chapter 
1 of title 23, United States Code. 
(2) FEDERAL SHARE.—The Federal share of the 
cost of a project carried out under this section shall 
be determined in accordance with section 120 of title 
23, United States Code. 
(g) REPORT.— 
(1) DIRECT RECIPIENT REPORT.—Not later than 
60 days after the end of each fiscal year, each direct 
recipient shall submit to the Secretary a report that 
includes— 
(A) a list of projects funded with amounts 
provided under this section; 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00308
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
309 
(B) a description of any obstacles to com-
plete projects or timely obligation of funds; and 
(C) recommendations to improve the effec-
tiveness of the program under this section. 
(2) REPORT TO CONGRESS.—Not later than Oc-
tober 1, 2024, the Secretary shall submit to the Com-
mittee on Environment and Public Works of the Sen-
ate and the Committee on Transportation and Infra-
structure of the House of Representatives a report 
that— 
(A) summarizes the findings of each direct 
recipient provided under paragraph (1); 
(B) describes the efforts undertaken by both 
direct recipients and the Secretary to ensure 
compliance with the requirements of title 23 and 
chapter 53 of title 49, United States Code; 
(C) analyzes the capacity of direct recipi-
ents to receive direct allocations of funds under 
chapter 1 of title 23, United States Code; and 
(D) provides recommendations from the 
Secretary to— 
(i) improve the administration, over-
sight, and performance of the program es-
tablished under this section; 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00309
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
310 
(ii) improve the effectiveness of direct 
recipients to complete projects and obligate 
funds in a timely manner; and 
(iii) evaluate options to expand the au-
thority provided under this section, includ-
ing to allow for the direct allocation to met-
ropolitan planning organizations of funds 
made available to carry out clause (i) or 
(ii) of section 133(d)(1)(A) of title 23, 
United States Code. 
(3) UPDATE.—Not less frequently than every 2 
years, the Secretary shall update the report described 
in paragraph (2). 
(h) DEFINITIONS.— 
(1) DIRECT
RECIPIENT.—In this section, the 
term ‘‘direct recipient’’ means a metropolitan plan-
ning organization designated by the Secretary as 
high-performing under subsection (b) and that was 
directly allocated funds as described in subsection (d). 
(2) METROPOLITAN PLANNING AREA.—The term 
‘‘metropolitan planning area’’ has the meaning given 
such term in section 134 of title 23, United States 
Code. 
(3) METROPOLITAN PLANNING ORGANIZATION.— 
The term ‘‘metropolitan planning organization’’ has 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00310
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
311 
the meaning given such term in section 134 of title 
23, United States Code. 
(4) NATIONAL
HIGHWAY
SYSTEM.—The term 
‘‘National Highway System’’ has the meaning given 
such term in section 101 of title 23, United States 
Code. 
(5) STATE.—The term ‘‘State’’ has the meaning 
given such term in section 101 of title 23, United 
States Code. 
(6) URBANIZED
AREA.—The term ‘‘urbanized 
area’’ has the meaning given such term in section 134 
of title 23, United States Code. 
SEC. 1306. GRIDLOCK REDUCTION GRANT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a gridlock reduction program to make 
grants, on a competitive basis, for projects to reduce, and 
mitigate the adverse impacts of, traffic congestion. 
(b) APPLICATIONS.—To be eligible for a grant under 
this section, an applicant shall submit to the Secretary an 
application in such form, at such time, and containing such 
information as the Secretary determines appropriate. 
(c) ELIGIBLE APPLICANTS.—The Secretary may make 
grants under this section to an applicant that is serving 
an urbanized area, as designated by the Bureau of the Cen-
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00311
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
312 
sus, with a population of not less than 1,000,000 and that 
is— 
(1) a metropolitan planning organization; 
(2) a unit of local government or a group of local 
governments; 
(3) a multijurisdictional group of entities de-
scribed in paragraphs (1) and (2); or 
(4) a State that is in partnership with an entity 
or group of entities described in paragraph (1), (2), 
or (3). 
(d) ELIGIBLE PROJECTS.—The Secretary may award 
grants under this section to applicants that submit a com-
prehensive program of surface transportation-related 
projects to reduce traffic congestion and related adverse im-
pacts, including a project for 1 or more of the following: 
(1) Transportation systems management and op-
erations. 
(2) Intelligent transportation systems. 
(3) Real-time traveler information. 
(4) Traffic incident management. 
(5) Active traffic management. 
(6) Traffic signal timing. 
(7) Multimodal travel payment systems. 
(8) Transportation demand management, includ-
ing employer-based commuting programs such as car-
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00312
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
313 
pool, vanpool, transit benefit, parking cashout, shut-
tle, or telework programs. 
(9) A project to provide transportation options 
to reduce traffic congestion, including— 
(A) a project under chapter 53 of title 49, 
United States Code; 
(B) a bicycle or pedestrian project, includ-
ing a project to provide safe and connected active 
transportation networks; and 
(C) a surface transportation project carried 
out in accordance with the national travel and 
tourism infrastructure strategic plan under sec-
tion 1431(e) of the FAST Act (49 U.S.C. 301 
note). 
(10) Any other project, as determined appro-
priate by the Secretary. 
(e) AWARD PRIORITIZATION.— 
(1) IN GENERAL.—In selecting grants under this 
section, the Secretary shall prioritize applicants serv-
ing urbanized areas, as described in subsection (c), 
that are experiencing a high degree of recurrent trans-
portation congestion, as determined by the Secretary. 
(2) ADDITIONAL CONSIDERATIONS.—In selecting 
grants under this section, the Secretary shall also con-
sider the extent to which the project would— 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00313
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
314 
(A) reduce traffic congestion and improve 
the reliability of the surface transportation sys-
tem; 
(B) mitigate the adverse impacts of traffic 
congestion on the surface transportation system, 
including safety and environmental impacts; 
(C) maximize the use of existing capacity; 
and 
(D) employ innovative, integrated, and 
multimodal solutions to the items described in 
subparagraphs (A), (B), and (C). 
(f) FEDERAL SHARE.— 
(1) IN GENERAL.—The Federal share of the cost 
of a project carried out under this section may not ex-
ceed 60 percent. 
(2) MAXIMUM FEDERAL SHARE.—Federal assist-
ance other than a grant for a project under this sec-
tion may be used to satisfy the non-Federal share of 
the cost of such project, except that the total Federal 
assistance provided for a project receiving a grant 
under this section may not exceed 80 percent of the 
total project cost. 
(g) USE OF FUNDS.—Funds made available for a 
project under this section may be used for— 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00314
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
315 
(1) development phase activities, including plan-
ning, feasibility analysis, revenue forecasting, envi-
ronmental review, preliminary engineering and de-
sign work, and other preconstruction activities; and 
(2) construction, reconstruction, rehabilitation, 
acquisition of real property (including land related to 
the project and improvements to the land), environ-
mental mitigation, construction contingencies, acqui-
sition of equipment, and operational improvements. 
(h) FUNDING.— 
(1) GRANT AMOUNT.—A grant under this section 
shall be in an amount not less than $10,000,000 and 
not more than $50,000,000. 
(2) AVAILABILITY.—Funds made available under 
this program shall be available until expended. 
(i) FREIGHT PROJECT SET-ASIDE.— 
(1) IN GENERAL.—The Secretary shall set aside 
not less than 50 percent of the funds made available 
to carry out this section for grants for freight projects 
under this subsection. 
(2) ELIGIBLE USES.—The Secretary shall pro-
vide funds set aside under this subsection to appli-
cants that submit a comprehensive program of surface 
transportation-related projects to reduce freight-re-
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00315
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
316 
lated traffic congestion and related adverse impacts, 
including— 
(A) freight intelligent transportation sys-
tems; 
(B) real-time freight parking information; 
(C) real-time freight routing information; 
(D) freight transportation and delivery 
safety projects; 
(E) first-mile and last-mile delivery solu-
tions; 
(F) shifting freight delivery to off-peak trav-
el times; 
(G) reducing greenhouse gas emissions and 
air pollution from freight transportation and de-
livery, including through the use of innovative 
vehicles that produce fewer greenhouse gas emis-
sions; 
(H) use of centralized delivery locations; 
(I) designated freight vehicle parking and 
staging areas; 
(J) curb space management; and 
(K) other projects, as determined appro-
priate by the Secretary. 
(3) AWARD PRIORITIZATION.— 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00316
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
317 
(A) IN GENERAL.—In providing funds set 
aside under this section, the Secretary shall 
prioritize applicants serving urbanized areas, as 
described in subsection (c), that are experiencing 
a high degree of recurrent congestion due to 
freight transportation, as determined by the Sec-
retary. 
(B) 
ADDITIONAL
CONSIDERATIONS.—In 
providing funds set aside under this subsection, 
the Secretary shall consider the extent to which 
the proposed project— 
(i) reduces freight-related traffic con-
gestion and improves the reliability of the 
freight transportation system; 
(ii) mitigates the adverse impacts of 
freight-related traffic congestion on the sur-
face transportation system, including safety 
and environmental impacts; 
(iii) maximizes the use of existing ca-
pacity; 
(iv) employs innovative, integrated, 
and multimodal solutions to the items de-
scribed in clauses (i) through (iii); 
(v) leverages Federal funds with non- 
Federal contributions; and 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00317
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
318 
(vi) integrates regional multimodal 
transportation 
management 
and 
oper-
ational projects that address both passenger 
and freight congestion. 
(4) FLEXIBILITY.—If the Secretary determines 
that there are insufficient qualified applicants to use 
the funds set aside under this subsection, the Sec-
retary may use such funds for grants for any projects 
eligible under this section. 
(j) REPORT.— 
(1) RECIPIENT
REPORT.—The Secretary shall 
ensure that not later than 2 years after the Secretary 
awards grants under this section, the recipient of each 
such grant submits to the Secretary a report that con-
tains— 
(A) information on each activity or project 
that received funding under this section; 
(B) a summary of any non-Federal re-
sources leveraged by a grant under this section; 
(C) any statistics, measurements, or quan-
titative assessments that demonstrate the conges-
tion reduction, reliability, safety, and environ-
mental benefits achieved through activities or 
projects that received funding under this section; 
and 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00318
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
319 
(D) any additional information required by 
the Secretary. 
(2) REPORT TO CONGRESS.—Not later than 9 
months after the date specified in paragraph (1), the 
Secretary shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives and the Committee on Environment and Public 
Works, the Committee on Commerce, Science, and 
Transportation, and the Committee on Banking, 
Housing, and Urban Affairs of the Senate, and make 
publicly available on a website, a report detailing— 
(A) a summary of any information pro-
vided under paragraph (1); and 
(B) recommendations and best practices 
to— 
(i) reduce traffic congestion, including 
freight-related traffic congestion, and im-
prove the reliability of the surface transpor-
tation system; 
(ii) mitigate the adverse impacts of 
traffic congestion, including freight-related 
traffic congestion, on the surface transpor-
tation system, including safety and environ-
mental impacts; and 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00319
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
320 
(iii) employ innovative, integrated, 
and multimodal solutions to the items de-
scribed in clauses (i) and (ii). 
(k) NOTIFICATION.—Not later than 3 business days be-
fore awarding a grant under this section, the Secretary 
shall notify the Committee on Transportation and Infra-
structure of the House of Representatives and the Committee 
on Environment and Public Works, the Committee on Com-
merce, Science, and Transportation, and the Committee on 
Banking, Housing, and Urban Affairs of the Senate of the 
intention to award such a grant. 
(l) TREATMENT OF PROJECTS.— 
(1) FEDERAL
REQUIREMENTS.—The Secretary 
shall, with respect to a project funded by a grant 
under this section, apply— 
(A) the requirements of title 23, United 
States Code, to a highway project; 
(B) the requirements of chapter 53 of title 
49, United States Code, to a public transpor-
tation project; and 
(C) the requirements of section 22905 of 
title 49, United States Code, to a passenger rail 
or freight rail project. 
(2) MULTIMODAL PROJECTS.— 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00320
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
321 
(A) IN GENERAL.—Except as otherwise pro-
vided in this paragraph, if an eligible project is 
a multimodal project, the Secretary shall— 
(i) determine the predominant modal 
component of the project; and 
(ii) apply the applicable requirements 
of such predominant modal component to 
the project. 
(B) EXCEPTIONS.— 
(i) PASSENGER OR FREIGHT RAIL COM-
PONENT.—For any passenger or freight rail 
component of a project, the requirements of 
section 22907(j)(2) of title 49, United States 
Code, shall apply. 
(ii) PUBLIC TRANSPORTATION COMPO-
NENT.—For any public transportation com-
ponent of a project, the requirements of sec-
tion 5333 of title 49, United States Code, 
shall apply. 
(C) BUY AMERICA.—In applying the Buy 
American requirements under section 313 of title 
23, United States Code, and sections 5320, 
22905(a), and 24305(f) of title 49, United States 
Code, to a multimodal project under this para-
graph, the Secretary shall— 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00321
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
322 
(i) consider the various modal compo-
nents of the project; and 
(ii) seek to maximize domestic jobs. 
(3) FEDERAL-AID
HIGHWAY
REQUIREMENTS.— 
Notwithstanding any other provision of this sub-
section, the Secretary shall require recipients of 
grants under this section to comply with subsection 
(a) of section 113 of title 23, United States Code, with 
respect to public transportation projects, passenger 
rail projects, and freight rail projects, in the same 
manner that recipients of grants are required to com-
ply with such subsection for construction work per-
formed on highway projects on Federal-aid highways. 
(m) TREATMENT OF FUNDS.—Except as provided in 
subsection (l), funds authorized for the purposes described 
in this section shall be available for obligation in the same 
manner as if the funds were apportioned under chapter 1 
of title 23, United States Code. 
SEC. 1307. REBUILD RURAL GRANT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a rebuild rural grant program to im-
prove the safety, state of good repair, and connectivity of 
transportation infrastructure in rural communities. 
(b) GRANT AUTHORITY.— 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00322
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
323 
(1) IN GENERAL.—In carrying out the program 
established in subsection (a), the Secretary shall make 
grants, on a competitive basis, in accordance with 
this section. 
(2) GRANT AMOUNT.—A grant made under this 
program shall be for no more than $25,000,000. 
(c) ELIGIBLE APPLICANTS.—The Secretary may make 
a grant under this section to— 
(1) a State; 
(2) a metropolitan planning organization or a 
regional transportation planning organization; 
(3) a unit of local government; 
(4) a Federal land management agency; 
(5) a Tribal government or a consortium of 
Tribal governments; 
(6) a territory; and 
(7) a multijurisdictional group of entities de-
scribed in this subsection. 
(d) APPLICATIONS.—To be eligible for a grant under 
this section, an entity specified under subsection (c) shall 
submit to the Secretary an application in such form, at 
such time, and containing such information as the Sec-
retary determines is appropriate. 
(e) ELIGIBLE PROJECTS.—The Secretary shall provide 
grants under this section to projects eligible under title 23, 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00323
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
324 
United States Code, including projects on and off the Fed-
eral-aid highway system, that improve safety, state of good 
repair, or connectivity in a rural community, including 
projects to— 
(1) improve transportation safety, including 
projects on high-risk rural roads and on Federal 
lands; 
(2) improve state of good repair, including 
projects to repair and rehabilitate bridges on and off 
the Federal-aid highway system; 
(3) provide or increase access to jobs and serv-
ices; 
(4) provide or increase access to— 
(A) a grain elevator; 
(B) an agricultural facility; 
(C) a mining facility; 
(D) a forestry facility; 
(E) an intermodal facility; 
(F) travel or tourism destinations; or 
(G) any other facility that supports the 
economy of a rural community; and 
(5) reduce vehicle-wildlife collisions and improve 
habitat connectivity. 
(f) ELIGIBLE PROJECT COSTS.—Grant amounts for a 
project under this section may be used for— 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00324
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
325 
(1) development phase activities, including plan-
ning, feasibility analysis, revenue forecasting, envi-
ronmental review, preliminary engineering and de-
sign work, and other preconstruction activities; and 
(2) construction, reconstruction, rehabilitation, 
acquisition of real property (including land related to 
the project and improvements to the land), environ-
mental mitigation, construction contingencies, acqui-
sition of equipment, and operational improvements. 
(g) FEDERAL SHARE.— 
(1) IN GENERAL.—The share of the cost of a 
project provided with a grant under this section may 
not exceed 80 percent of the total cost of such project. 
(2) MAXIMUM
FEDERAL
ASSISTANCE.—Federal 
assistance other than a grant under this section may 
be used to satisfy up to 100 percent of the total cost 
of such project. 
(h) PRIORITY.—In making grants under this section, 
the Secretary shall prioritize projects that address— 
(1) significant transportation safety challenges; 
(2) state of good repair challenges that pose safe-
ty risks or risks to a local economy; 
(3) economic development challenges; 
(4) connectivity challenges that limit access to 
jobs or services; and 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00325
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
326 
(5) coordination of projects in the highway right- 
of-way with proposed broadband service infrastruc-
ture needs. 
(i) NOTIFICATION.—Not later than 3 business days be-
fore awarding a grant under this section, the Secretary of 
Transportation shall notify the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of 
the Senate of the intention to award such a grant. 
(j) TREATMENT OF PROJECTS.—Notwithstanding any 
other provision of law, a project carried out under this sec-
tion shall be treated as if the project is located on a Federal- 
aid highway. 
(k) DEFINITION OF RURAL COMMUNITY.—In this sec-
tion, the term ‘‘rural community’’ means an area that is 
not an urbanized area, as such term is defined in section 
101(a) of title 23, United States Code. 
SEC. 1308. PARKING FOR COMMERCIAL MOTOR VEHICLES. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a program under which the Secretary 
shall make grants, on a competitive basis, to eligible entities 
to address the shortage of parking for commercial motor ve-
hicles to improve the safety of commercial motor vehicle op-
erators. 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00326
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
327 
(b) APPLICATIONS.—To be eligible for a grant under 
this section, an eligible entity shall submit to the Secretary 
an application in such form, at such time, and containing 
such information as the Secretary may require. 
(c) ELIGIBLE PROJECTS.—Projects eligible under this 
section are projects that— 
(1) construct safety rest areas that include park-
ing for commercial motor vehicles; 
(2) construct commercial motor vehicle parking 
facilities— 
(A) adjacent to private commercial truck-
stops and travel plazas; 
(B) within the boundaries of, or adjacent to, 
a publicly owned freight facility, including a 
port terminal operated by a public authority; 
and 
(C) at existing facilities, including inspec-
tion and weigh stations and park-and-ride loca-
tions; 
(3) open existing weigh stations, safety rest 
areas, and park-and-ride facilities to commercial 
motor vehicle parking; 
(4) facilitate access to publicly and privately 
provided commercial motor vehicle parking, such as 
through the use of intelligent transportation systems; 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00327
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
328 
(5) construct turnouts along a Federal-aid high-
way for commercial motor vehicles; 
(6) make capital improvements to public com-
mercial motor vehicle parking facilities that are 
closed on a seasonal basis to allow the facilities to re-
main open year-round; 
(7) open existing commercial motor vehicle 
chain-up areas that are closed on a seasonal basis to 
allow the facilities to remain open year-round for 
commercial motor vehicle parking; 
(8) address commercial motor vehicle parking 
and layover needs in emergencies that strain the ca-
pacity of existing publicly and privately provided 
commercial motor vehicle parking; and 
(9) make improvements to existing commercial 
motor vehicle parking facilities, including advanced 
truckstop electrification systems. 
(d) USE OF FUNDS.— 
(1) IN GENERAL.—An eligible entity may use a 
grant under this section for— 
(A) development phase activities, including 
planning, feasibility analysis, benefit-cost anal-
ysis, environmental review, preliminary engi-
neering 
and 
design 
work, 
and 
other 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00328
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
329 
preconstruction activities necessary to advance a 
project described in subsection (c); and 
(B) construction and operational improve-
ments, as such terms are defined in section 101 
of title 23, United States Code. 
(2) PRIVATE SECTOR PARTICIPATION.—An eligi-
ble entity that receives a grant under this section may 
partner with a private entity to carry out an eligible 
project under this section. 
(3) LIMITATION.—Not more than 10 percent of 
the amounts made available to carry out this section 
may be used to promote the availability of existing 
commercial motor vehicle parking. 
(e) SELECTION CRITERIA.—In making grants under 
this section, the Secretary shall consider— 
(1) in the case of construction of new commercial 
motor vehicle parking capacity, the shortage of public 
and private commercial motor vehicle parking near 
the project; and 
(2) the extent to which each project— 
(A) would increase commercial motor vehi-
cle parking capacity or utilization; 
(B) would facilitate the efficient movement 
of freight; 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00329
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
330 
(C) would improve safety, traffic congestion, 
and air quality; 
(D) is cost effective; and 
(E) reflects consultation with motor car-
riers, commercial motor vehicle operators, and 
private providers of commercial motor vehicle 
parking. 
(f) NOTIFICATION OF CONGRESS.—Not later than 3 
business days before announcing a project selected to receive 
a grant under this section, the Secretary of Transportation 
shall notify the Committee on Transportation and Infra-
structure of the House of Representatives and the Committee 
on Environment and Public Works of the Senate of the in-
tention to award such a grant. 
(g) TREATMENT OF FUNDS.— 
(1) 
TREATMENT
OF
PROJECTS.—Notwith-
standing any other provision of law, any project 
funded by a grant under this section shall be treated 
as a project on a Federal-aid highway under chapter 
1 of title 23, United States Code. 
(2) FEDERAL SHARE.—The Federal share of the 
cost of a project under this section shall be determined 
in accordance with subsections (b) and (c) of section 
120 of title 23, United States Code. 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00330
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
331 
(h) PROHIBITION ON CHARGING FEES.—To be eligible 
for a grant under this section, an eligible entity shall certify 
that no fees will be charged for the use of a project assisted 
with such grant. 
(i) AMENDMENT TO MAP–21.—Section 1401(c)(1) of 
MAP–21 (23 U.S.C. 137 note) is amended— 
(1) by inserting ‘‘and private providers of com-
mercial motor vehicle parking’’ after ‘‘personnel’’; and 
(2) in subparagraph (A) by striking ‘‘the capa-
bility of the State to provide’’ and inserting ‘‘the 
availability of’’. 
(j) SURVEY; COMPARATIVE ASSESSMENT; REPORT.— 
(1) UPDATE.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall up-
date the survey of each State required under section 
1401(c)(1) of the MAP–21 (23 U.S.C. 137 note). 
(2) REPORT.—Not later than 1 year after the 
deadline under paragraph (1), the Secretary shall 
publish on the website of the Department of Transpor-
tation a report that— 
(A) evaluates the availability of adequate 
parking and rest facilities for commercial motor 
vehicles engaged in interstate transportation; 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00331
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
332 
(B) evaluates the effectiveness of the projects 
funded under this section in improving access to 
commercial motor vehicle parking; and 
(C) reports on the progress being made to 
provide adequate commercial motor vehicle park-
ing facilities in the State. 
(3) CONSULTATION.—The Secretary shall pre-
pare the report required under paragraph (2) in con-
sultation with— 
(A) relevant State motor carrier safety per-
sonnel; 
(B) motor carriers and commercial motor 
vehicle operators; and 
(C) private providers of commercial motor 
vehicle parking. 
(k) DEFINITIONS.—In this section: 
(1) COMMERCIAL
MOTOR
VEHICLE.—The term 
‘‘commercial motor vehicle’’ has the meaning given 
such term in section 31132 of title 49, United States 
Code. 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a State; 
(B) a metropolitan planning organization; 
(C) a unit of local government; 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00332
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
333 
(D) a political subdivision of a State or 
local government carrying out responsibilities re-
lating to commercial motor vehicle parking; and 
(E) a multistate or multijurisdictional 
group of entities described in subparagraphs (A) 
through (D). 
(3) SAFETY REST AREA.—The term ‘‘safety rest 
area’’ has the meaning given such term in section 
120(c) of title 23, United States Code. 
SEC. 
1309. 
ACTIVE 
TRANSPORTATION 
CONNECTIVITY 
GRANT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish an active transportation connectivity 
grant program to provide for safe and connected active 
transportation facilities. 
(b) GRANT AUTHORITY.—In carrying out the program 
established in subsection (a), the Secretary shall make 
grants, on a competitive basis, in accordance with this sec-
tion. 
(c) ELIGIBLE APPLICANTS.—The Secretary may make 
a grant under this section to— 
(1) a State; 
(2) a metropolitan planning organization; 
(3) a regional transportation authority; 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00333
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
334 
(4) a unit of local government, including a coun-
ty or multi-county special district; 
(5) a Federal land management agency; 
(6) a natural resource or public land agency; 
(7) a Tribal government or a consortium of 
Tribal governments; 
(8) any local or regional governmental entity 
with responsibility for or oversight of transportation 
or recreational trails; and 
(9) a multistate or multijurisdictional group of 
entities described in this subsection. 
(d) APPLICATIONS.—To be eligible for a grant under 
this section, an entity specified under subsection (c) shall 
submit to the Secretary an application in such form, at 
such time, and containing such information as the Sec-
retary determines is appropriate. 
(e) ELIGIBLE PROJECTS.—The Secretary shall provide 
grants under this section to projects that improve the 
connectivity and the use of active transportation facili-
ties— 
(1) including— 
(A) active transportation networks; 
(B) active transportation spines; and 
(C) planning related to the development 
of— 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00334
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
335 
(i) active transportation networks; 
(ii) active transportation spines; and 
(iii) complete streets plans to create a 
connected network of active transportation 
facilities, including sidewalks, bikeways, or 
pedestrian and bicycle trails; and 
(2) that have— 
(A) total project costs of not less than 
$15,000,000; or 
(B) in the case of planning grants under 
subsection (f), a total cost of not less than 
$100,000. 
(f) PLANNING GRANTS.—Of the amounts made avail-
able to carry out this section, the Secretary may use not 
more than 10 percent to provide planning grants to eligible 
applicants for activities under subsection (e)(1)(C). 
(g) CONSIDERATIONS.—In making grants under this 
section, the Secretary shall consider the extent to which— 
(1) a project is likely to provide substantial ad-
ditional opportunities for walking and bicycling, in-
cluding through the creation of— 
(A) active transportation networks con-
necting destinations within or between commu-
nities, including schools, workplaces, residences, 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00335
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
336 
businesses, recreation areas, and other commu-
nity areas; and 
(B) active transportation spines connecting 
2 or more communities, metropolitan areas, or 
States; 
(2) an applicant has adequately considered or 
will consider, including through the opportunity for 
public comment, the environmental justice and equity 
impacts of the project; 
(3) the project would improve safety for vulner-
able road users, including through the use of complete 
street design policies or a safe system approach; and 
(4) a project integrates active transportation fa-
cilities with public transportation services, where 
available, to improve access to public transportation. 
(h) LIMITATION.— 
(1) IN GENERAL.—The share of the cost of a 
project assisted with a grant under this section may 
not exceed 80 percent. 
(2) MAXIMUM
FEDERAL
ASSISTANCE.—Federal 
assistance other than a grant under this section may 
be used to satisfy up to 100 percent of the total 
project cost. 
(i) ELIGIBLE PROJECT COSTS.—Amounts made avail-
able for a project under this section may be used for— 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00336
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
337 
(1) development phase activities, including plan-
ning, feasibility analysis, revenue forecasting, envi-
ronmental review, preliminary engineering and de-
sign work, and other preconstruction activities; and 
(2) construction, reconstruction, rehabilitation, 
acquisition of real property (including land related to 
the project and improvements to the land), environ-
mental mitigation, construction contingencies, acqui-
sition of equipment, and operational improvements. 
(j) NOTIFICATION.—Not later than 3 business days be-
fore awarding a grant under this section, the Secretary of 
Transportation shall notify the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of 
the Senate of the intention to award such a grant. 
(k) TREATMENT OF PROJECTS.—Notwithstanding any 
other provision of law, a project carried out under this sec-
tion shall be treated in the manner described under section 
133(i) of title 23, United States Code. 
(l) DEFINITIONS.—In this section: 
(1) ACTIVE TRANSPORTATION.—The term ‘‘active 
transportation’’ means mobility options powered pri-
marily by human energy, including bicycling and 
walking. 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00337
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
338 
(2) ACTIVE
TRANSPORTATION
NETWORK.—The 
term ‘‘active transportation network’’ means facilities 
built for active transportation, including sidewalks, 
bikeways, and pedestrian and bicycle trails, that con-
nect destinations within a community, a metropoli-
tan area, or on Federal lands. 
(3) ACTIVE TRANSPORTATION SPINE.—The term 
‘‘active transportation spine’’ means facilities built 
for active transportation, including sidewalks, bike-
ways, and pedestrian and bicycle trails, that connect 
communities, metropolitan areas, Federal lands, or 
States. 
(4) SAFE SYSTEM APPROACH.—The term ‘‘safe 
system approach’’ has the meaning given such term 
in section 148(a) of title 23, United States Code. 
(5) VULNERABLE ROAD USER.—The term ‘‘vul-
nerable road user’’ has the meaning given such term 
in section 148(a) of title 23, United States Code. 
Subtitle D—Planning, Performance 
Management, and Asset Manage-
ment 
SEC. 1401. METROPOLITAN TRANSPORTATION PLANNING. 
Section 134 of title 23, United States Code, is amend-
ed— 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00338
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
339 
(1) in subsection (a) by striking ‘‘resiliency 
needs while minimizing transportation-related fuel 
consumption and air pollution’’ and inserting ‘‘resil-
ience and climate change adaptation needs while re-
ducing transportation-related fuel consumption, air 
pollution, and greenhouse gas emissions’’; 
(2) in subsection (b)— 
(A) by redesignating paragraphs (6) and 
(7) as paragraphs (7) and (8), respectively; and 
(B) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) STIP.—The term ‘STIP’ means a statewide 
transportation improvement program developed by a 
State under section 135(g).’’; 
(3) in subsection (c)— 
(A) in paragraph (1) by striking ‘‘and 
transportation improvement programs’’ and in-
serting ‘‘and TIPs’’; and 
(B) by adding at the end the following: 
‘‘(4) CONSIDERATION.—In developing the plans 
and TIPs, metropolitan planning organizations shall 
consider direct and indirect emissions of greenhouse 
gases.’’; 
(4) in subsection (d)— 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00339
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
340 
(A) in paragraph (2) by striking ‘‘Not later 
than 2 years after the date of enactment of 
MAP–21, each’’ and inserting ‘‘Each’’; 
(B) in paragraph (3) by adding at the end 
the following: 
‘‘(D) CONSIDERATIONS.— 
‘‘(i) EQUITABLE
AND
PROPORTIONAL 
REPRESENTATION.—In designating officials 
or representatives under paragraph (2), the 
metropolitan planning organization shall 
consider the equitable and proportional rep-
resentation of the population of the metro-
politan planning area. 
‘‘(ii) SAVINGS
CLAUSE.—Nothing in 
this paragraph shall require a metropolitan 
planning organization in existence on the 
date of enactment of this subparagraph to 
be restructured. 
‘‘(iii) 
REDESIGNATION.—Notwith-
standing clause (ii), the requirements of this 
paragraph shall apply to any metropolitan 
planning organization redesignated under 
paragraph (6).’’; 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00340
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
341 
(C) in paragraph (6)(B) by striking ‘‘para-
graph (2)’’ and inserting ‘‘paragraphs (2) or 
(3)(D)’’; and 
(D) in paragraph (7)— 
(i) by striking ‘‘an existing metropoli-
tan planning area’’ and inserting ‘‘an ur-
banized area’’; and 
(ii) by striking ‘‘the existing metropoli-
tan planning area’’ and inserting ‘‘the 
area’’; 
(5) in subsection (g)— 
(A) in paragraph (1) by striking ‘‘a metro-
politan area’’ and inserting ‘‘an urbanized 
area’’; 
(B) in paragraph (2) by striking ‘‘MPOS’’ 
and 
inserting 
‘‘METROPOLITAN
PLANNING 
AREAS’’; 
(C) in paragraph (3)(A) by inserting 
‘‘emergency response and evacuation, climate 
change adaptation and resilience,’’ after ‘‘dis-
aster risk reduction,’’; and 
(D) by adding at the end the following: 
‘‘(4) COORDINATION BETWEEN MPOS.— 
‘‘(A) IN GENERAL.—If more than 1 metro-
politan planning organization is designated 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00341
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
342 
within an urbanized area under subsection 
(d)(7), the metropolitan planning organizations 
designated within the area shall ensure, to the 
maximum extent practicable, the consistency of 
any data used in the planning process, including 
information used in forecasting transportation 
demand. 
‘‘(B) SAVINGS
CLAUSE.—Nothing in this 
paragraph requires metropolitan planning orga-
nizations designated within a single urbanized 
area to jointly develop planning documents, in-
cluding a unified long-range transportation plan 
or unified TIP.’’; 
(6) in subsection (h)(1)— 
(A) by striking subparagraph (E) and in-
serting the following: 
‘‘(E) protect and enhance the environment, 
promote energy conservation, reduce greenhouse 
gas emissions, improve the quality of life and 
public health, and promote consistency between 
transportation improvements and State and 
local planned growth and economic development 
patterns, including housing and land use pat-
terns;’’; 
(B) in subparagraph (I)— 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00342
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
343 
(i) by inserting ‘‘, sea level rise, ex-
treme weather, and climate change’’ after 
‘‘stormwater’’; and 
(ii) by striking ‘‘and’’ at the end; 
(C) by redesignating subparagraph (J) as 
subparagraph (M); and 
(D) by inserting after subparagraph (I) the 
following: 
‘‘(J) facilitate emergency management, re-
sponse, and evacuation and hazard mitigation; 
‘‘(K) improve the level of transportation 
system access; 
‘‘(L) support inclusive zoning policies and 
land use planning practices that incentivize af-
fordable, elastic, and diverse housing supply, fa-
cilitate long-term economic growth by improving 
the accessibility of housing to jobs, and prevent 
high housing costs from displacing economically 
disadvantaged households; and’’; 
(7) in subsection (h)(2) by striking subpara-
graph (A) and inserting the following: 
‘‘(A) IN GENERAL.—Through the use of a 
performance-based approach, transportation in-
vestment decisions made as a part of the metro-
politan transportation planning process shall 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00343
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
344 
support the national goals described in section 
150(b), the achievement of metropolitan and 
statewide 
targets 
established 
under 
section 
150(d), the improvement of transportation sys-
tem access (consistent with section 150(f)), and 
the general purposes described in section 5301 of 
title 49.’’; 
(8) in subsection (i)— 
(A) in paragraph (2)(D)(i) by inserting 
‘‘reduce greenhouse gas emissions and’’ before 
‘‘restore and maintain’’; 
(B) in paragraph (2)(G) by inserting ‘‘and 
climate change’’ after ‘‘infrastructure to natural 
disasters’’; 
(C) in paragraph (2)(H) by inserting 
‘‘greenhouse gas emissions,’’ after ‘‘pollution,’’; 
(D) in paragraph (5)— 
(i) in subparagraph (A) by inserting 
‘‘air quality, public health, housing, trans-
portation, resilience, hazard mitigation, 
emergency management,’’ after ‘‘conserva-
tion,’’; and 
(ii) by striking subparagraph (B) and 
inserting the following: 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00344
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
345 
‘‘(B) ISSUES.—The consultation shall in-
volve, as appropriate, comparison of transpor-
tation plans to other relevant plans, including, if 
available— 
‘‘(i) State conservation plans or maps; 
and 
‘‘(ii) inventories of natural or historic 
resources.’’; and 
(E) by amending paragraph (6)(C) to read 
as follows: 
‘‘(C) METHODS.— 
‘‘(i) IN
GENERAL.—In carrying out 
subparagraph (A), the metropolitan plan-
ning organization shall, to the maximum 
extent practicable— 
‘‘(I) hold any public meetings at 
convenient and accessible locations and 
times; 
‘‘(II) employ visualization tech-
niques to describe plans; and 
‘‘(III) make public information 
available in electronically accessible 
format and means, such as the inter-
net, as appropriate to afford reasonable 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00345
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
346 
opportunity for consideration of public 
information under subparagraph (A). 
‘‘(ii) ADDITIONAL METHODS.—In addi-
tion to the methods described in clause (i), 
in carrying out subparagraph (A), the met-
ropolitan planning organization shall, to 
the maximum extent practicable— 
‘‘(I) use virtual public involve-
ment, social media, and other web- 
based tools to encourage public partici-
pation and solicit public feedback; and 
‘‘(II) use other methods, as appro-
priate, to further encourage public par-
ticipation of historically underrep-
resented individuals in the transpor-
tation planning process.’’; 
(9) in subsection (j) by striking ‘‘transportation 
improvement program’’ and inserting ‘‘TIP’’ each 
place it appears; and 
(10) by striking ‘‘Federally’’ each place it ap-
pears and inserting ‘‘federally’’. 
SEC. 1402. STATEWIDE AND NONMETROPOLITAN TRANS-
PORTATION PLANNING. 
Section 135 of title 23, United States Code, is amend-
ed— 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00346
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
347 
(1) in subsection (a)— 
(A) in paragraph (1) by striking ‘‘statewide 
transportation improvement program’’ and in-
serting ‘‘STIP’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘The statewide trans-
portation plan and the’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—The statewide transpor-
tation plan and the’’; 
(ii) by striking ‘‘transportation im-
provement program’’ and inserting ‘‘STIP’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) CONSIDERATION.—In developing the 
statewide transportation plans and STIPs, 
States shall consider direct and indirect emis-
sions of greenhouse gases.’’; and 
(C) in paragraph (3) by striking ‘‘transpor-
tation improvement program’’ and inserting 
‘‘STIP’’; 
(2) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (E)— 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00347
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
348 
(I) by inserting ‘‘reduce green-
house gas emissions,’’ after ‘‘promote 
energy conservation,’’; 
(II) by inserting ‘‘and public 
health’’ after ‘‘improve the quality of 
life’’; and 
(III) by inserting ‘‘, including 
housing and land use patterns’’ after 
‘‘economic development patterns’’; 
(ii) in subparagraph (I)— 
(I) by inserting ‘‘, sea level rise, 
extreme weather, and climate change’’ 
after ‘‘mitigate stormwater’’; and 
(II) by striking ‘‘and’’ after the 
semicolon; 
(iii) by redesignating subparagraph 
(J) as subparagraph (M); and 
(iv) by inserting after subparagraph 
(I) the following: 
‘‘(J) facilitate emergency management, re-
sponse, and evacuation and hazard mitigation; 
‘‘(K) improve the level of transportation 
system access; 
‘‘(L) support inclusive zoning policies and 
land use planning practices that incentivize af-
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00348
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
349 
fordable, elastic, and diverse housing supply, fa-
cilitate long-term economic growth by improving 
the accessibility of housing to jobs, and prevent 
high housing costs from displacing economically 
disadvantaged households; and’’; 
(B) in paragraph (2)— 
(i) by striking subparagraph (A) and 
inserting the following: 
‘‘(A) IN GENERAL.—Through the use of a 
performance-based approach, transportation in-
vestment decisions made as a part of the state-
wide transportation planning process shall sup-
port— 
‘‘(i) the national goals described in sec-
tion 150(b); 
‘‘(ii) the consideration of transpor-
tation system access (consistent with section 
150(f)); 
‘‘(iii) the achievement of statewide tar-
gets established under section 150(d); and 
‘‘(iv) the general purposes described in 
section 5301 of title 49.’’; and 
(ii) in subparagraph (D) by striking 
‘‘statewide transportation improvement pro-
gram’’ and inserting ‘‘STIP’’; and 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00349
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
350 
(C) in paragraph (3) by striking ‘‘statewide 
transportation improvement program’’ and in-
serting ‘‘STIP’’; 
(3) in subsection (e)(3) by striking ‘‘transpor-
tation improvement program’’ and inserting ‘‘STIP’’; 
(4) in subsection (f)— 
(A) in paragraph (2)(D)— 
(i) in clause (i) by inserting ‘‘air qual-
ity, public health, housing, transportation, 
resilience, hazard mitigation, emergency 
management,’’ after ‘‘conservation,’’; and 
(ii) by amending clause (ii) to read as 
follows: 
‘‘(ii) COMPARISON
AND
CONSIDER-
ATION.—Consultation under clause (i) shall 
involve the comparison of transportation 
plans to other relevant plans and inven-
tories, including, if available— 
‘‘(I) State and tribal conservation 
plans or maps; and 
‘‘(II) inventories of natural or 
historic resources.’’; 
(B) in paragraph (3)(B)— 
(i) by striking ‘‘In carrying out’’ and 
inserting the following: 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00350
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
351 
‘‘(i) IN GENERAL.—in carrying out’’; 
(ii) 
by 
redesignating 
clauses 
(i) 
through (iv) as subclauses (I) through (IV), 
respectively; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) ADDITIONAL METHODS.—In addi-
tion to the methods described in clause (i), 
in carrying out subparagraph (A), the State 
shall, to the maximum extent practicable— 
‘‘(I) use virtual public involve-
ment, social media, and other web- 
based tools to encourage public partici-
pation and solicit public feedback; and 
‘‘(II) use other methods, as appro-
priate, to further encourage public par-
ticipation of historically underrep-
resented individuals in the transpor-
tation planning process.’’; 
(C) in paragraph (4)(A) by inserting ‘‘re-
duce greenhouse gas emissions and’’ after ‘‘poten-
tial to’’; and 
(D) in paragraph (8) by inserting ‘‘green-
house gas emissions,’’ after ‘‘pollution,’’; 
(5) in subsection (g)— 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00351
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
352 
(A) in paragraph (1)(A) by striking ‘‘state-
wide transportation improvement program’’ and 
inserting ‘‘STIP’’; 
(B) in paragraph (3) by striking ‘‘opera-
tors),,’’ and inserting ‘‘operators),’’; 
(C) in paragraph (4) by striking ‘‘statewide 
transportation improvement program’’ and in-
serting ‘‘STIP’’ each place it appears; 
(D) in paragraph (5)— 
(i) in subparagraph (A) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’; 
(ii) in subparagraph (B)(ii) by strik-
ing ‘‘metropolitan transportation improve-
ment program’’ and inserting ‘‘TIP’’; 
(iii) in subparagraph (C) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’ each place it ap-
pears; 
(iv) in subparagraph (E) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’; 
(v) in subparagraph (F)(i) by striking 
‘‘transportation 
improvement 
program’’ 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00352
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
353 
and inserting ‘‘STIP’’ each place it ap-
pears; 
(vi) in subparagraph (G)(ii) by strik-
ing ‘‘transportation improvement program’’ 
and inserting ‘‘STIP’’; and 
(vii) in subparagraph (H) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’; 
(E) in paragraph (6)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘transportation 
improvement program’’ and inserting 
‘‘STIP’’; and 
(II) by striking ‘‘and projects car-
ried out under the bridge program or 
the Interstate maintenance program’’; 
and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘or under the 
bridge program or the Interstate main-
tenance program’’; 
(II) by striking ‘‘5310, 5311, 
5316, and 5317’’ and inserting ‘‘5310 
and 5311’’; and 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00353
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
354 
(III) by striking ‘‘statewide trans-
portation improvement program’’ and 
inserting ‘‘STIP’’; 
(F) in paragraph (7)— 
(i) in the heading by striking ‘‘TRANS-
PORTATION
IMPROVEMENT
PROGRAM’’ and 
inserting ‘‘STIP’’; and 
(ii) by striking ‘‘transportation im-
provement program’’ and inserting ‘‘STIP’’; 
(G) in paragraph (8) by striking ‘‘statewide 
transportation plans and programs’’ and insert-
ing ‘‘statewide transportation plans and STIPs’’; 
and 
(H) in paragraph (9) by striking ‘‘trans-
portation improvement program’’ and inserting 
‘‘STIP’’; 
(6) in subsection (h)(2)(A) by striking ‘‘Not later 
than 5 years after the date of enactment of the MAP– 
21,’’ and inserting ‘‘Not less frequently than once 
every 4 years,’’; 
(7) in subsection (k) by striking ‘‘transportation 
improvement program’’ and inserting ‘‘STIP’’ each 
place it appears; and 
(8) in subsection (m) by striking ‘‘transportation 
improvement programs’’ and inserting ‘‘STIPs’’. 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00354
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
355 
SEC. 1403. NATIONAL GOALS AND PERFORMANCE MANAGE-
MENT MEASURES. 
(a) IN GENERAL.—Section 150 of title 23, United 
States Code, is amended— 
(1) in subsection (b)— 
(A) by redesignating paragraph (7) as 
paragraph (8); and 
(B) by inserting after paragraph (6) the fol-
lowing: 
‘‘(7) COMBATING CLIMATE CHANGE.—To reduce 
carbon dioxide and other greenhouse gas emissions 
and reduce the climate impacts of the transportation 
system.’’; 
(2) in subsection (c)— 
(A) in paragraph (1) by striking ‘‘Not later 
than 18 months after the date of enactment of the 
MAP–21, the Secretary’’ and inserting ‘‘The Sec-
retary’’; and 
(B) by adding at the end the following: 
‘‘(7) GREENHOUSE
GAS
EMISSIONS.—The Sec-
retary shall establish, in consultation with the Ad-
ministrator of the Environmental Protection Agency, 
measures for States to use to assess— 
‘‘(A) carbon dioxide emissions per capita on 
public roads; and 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00355
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
356 
‘‘(B) any other greenhouse gas emissions per 
capita on public roads that the Secretary deter-
mines to be appropriate.’’; 
(3) in subsection (d)— 
(A) in paragraph (1)— 
(i) by striking ‘‘Not later than 1 year 
after the Secretary has promulgated the 
final rulemaking under subsection (c), each’’ 
and inserting ‘‘Each’’; and 
(ii) by striking ‘‘and (6)’’ and insert-
ing ‘‘(6), and (7)’’; and 
(B) by adding at the end the following: 
‘‘(3) REGRESSIVE TARGETS.— 
‘‘(A) IN GENERAL.—A State may not estab-
lish a regressive target for the measures described 
under paragraph (4) or paragraph (7) of sub-
section (c). 
‘‘(B) REGRESSIVE
TARGET
DEFINED.—In 
this paragraph, the term ‘regressive target’ 
means a target that fails to demonstrate constant 
or improved performance for a particular meas-
ure.’’; 
(4) in subsection (e)— 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00356
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
357 
(A) by striking ‘‘Not later than 4 years 
after the date of enactment of the MAP–21 and 
biennially thereafter, a’’ and inserting ‘‘A’’; and 
(B) by inserting ‘‘biennial’’ after ‘‘the Sec-
retary a’’; and 
(5) by adding at the end the following: 
‘‘(f) TRANSPORTATION SYSTEM ACCESS.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
measures for States and metropolitan planning orga-
nizations to use to assess the level of safe, reliable, and 
convenient transportation system access to— 
‘‘(A) employment; and 
‘‘(B) services. 
‘‘(2) CONSIDERATIONS.—The measures estab-
lished pursuant to paragraph (1) shall include the 
ability for States and metropolitan planning organi-
zations to assess— 
‘‘(A) the change in the level of transpor-
tation system access for various modes of travel, 
including connection to other modes of transpor-
tation, that would result from new transpor-
tation investments; 
‘‘(B) the level of transportation system ac-
cess for economically disadvantaged commu-
nities, including to affordable housing; and 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00357
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
358 
‘‘(C) the extent to which transportation ac-
cess is impacted by zoning policies and land use 
planning practices that effect the affordability, 
elasticity, and diversity of the housing supply. 
‘‘(3) DEFINITION
OF
SERVICES.—In this sub-
section, the term ‘services’ includes healthcare facili-
ties, child care, education and workforce training, 
food sources, banking and other financial institutions, 
and other retail shopping establishments.’’. 
(b) METROPOLITAN TRANSPORTATION PLANNING.— 
Section 134 of title 23, United States Code, is further 
amended— 
(1) in subsection (j)(2)(D)— 
(A) by striking ‘‘PERFORMANCE TARGET 
ACHIEVEMENT’’ and inserting ‘‘PERFORMANCE 
MANAGEMENT’’; 
(B) by striking ‘‘The TIP’’ and inserting 
the following: 
‘‘(i) IN GENERAL.—The TIP’’; and 
(C) by adding at the end the following: 
‘‘(ii) TRANSPORTATION
MANAGEMENT 
AREAS.—For metropolitan planning areas 
that represent an urbanized area designated 
as a transportation management area 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00358
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
359 
under subsection (k), the TIP shall in-
clude— 
‘‘(I) a discussion of the antici-
pated effect of the TIP toward achiev-
ing the performance targets established 
in the metropolitan transportation 
plan, linking investment priorities to 
such performance targets; and 
‘‘(II) a description of how the TIP 
would improve the overall level of 
transportation system access, consistent 
with section 150(f).’’; 
(2) in subsection (k)— 
(A) in paragraph (3)(A)— 
(i) by striking ‘‘shall address conges-
tion management’’ and inserting the fol-
lowing: ‘‘shall address— 
‘‘(i) congestion management’’; 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) the overall level of transportation 
system access for various modes of travel 
within the metropolitan planning area, in-
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00359
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
360 
cluding the level of access for economically 
disadvantaged communities, consistent with 
section 150(f), that is based on a coopera-
tively developed and implemented metro-
politan-wide strategy, assessing both new 
and existing transportation facilities eligi-
ble for funding under this title and chapter 
53 of title 49.’’; and 
(B) in paragraph (5)(B)— 
(i) in clause (i) by striking ‘‘; and’’ 
and inserting a semicolon; 
(ii) in clause (ii) by striking the pe-
riod and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) the TIP approved under clause 
(ii) improves the level of transportation sys-
tem access, consistent with section 150(f).’’; 
and 
(3) in subsection (l)(2)— 
(A) by striking ‘‘5 years after the date of 
enactment of the MAP–21’’ and inserting ‘‘2 
years after the date of enactment of the INVEST 
in America Act, and every 2 years thereafter’’; 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00360
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
361 
(B) in subparagraph (C) by striking ‘‘and 
whether metropolitan planning organizations are 
developing meaningful performance targets; and’’ 
and inserting a semicolon; and 
(C) by striking subparagraph (D) and in-
serting the following: 
‘‘(D) a listing of all metropolitan planning 
organizations that are establishing performance 
targets and whether such performance targets es-
tablished by the metropolitan planning organiza-
tion are meaningful or regressive (as defined in 
section 150(d)(3)(B)); and 
‘‘(E) the progress of implementing the meas-
ure established under section 150(f).’’. 
(c) STATEWIDE AND NONMETROPOLITAN TRANSPOR-
TATION PLANNING.—Section 135(g)(4) of title 23, United 
States Code, is further amended— 
(1) 
by 
striking 
‘‘PERFORMANCE
TARGET 
ACHIEVEMENT’’ and inserting ‘‘PERFORMANCE MAN-
AGEMENT’’; 
(2) by striking ‘‘shall include, to the maximum 
extent practicable, a discussion’’ and inserting the fol-
lowing: ‘‘shall include— 
‘‘(A) a discussion’’; 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00361
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
362 
(3) by striking the period at the end and insert-
ing ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(B) a consideration of how the STIP im-
pacts the overall level of transportation system 
access, consistent with section 150(f).’’. 
(d) EFFECTIVE DATE.—The amendment made by sub-
section (a)(3)(B) shall take effect 1 year before the subse-
quent State target and reporting deadlines established pur-
suant to section 150 of title 23, United States Code. 
(e) DEVELOPMENT OF GREENHOUSE GAS MEASURE.— 
Not later than 1 year after the date of enactment of this 
Act, the Secretary of Transportation shall issue such regula-
tions as are necessary to carry out paragraph (7) of section 
150(c) of title 23, United States Code, as added by this Act. 
(f) DEVELOPMENT OF TRANSPORTATION SYSTEM AC-
CESS MEASURE.— 
(1) ESTABLISHMENT.—Not later than 120 days 
after the date of enactment of this Act, the Secretary 
of Transportation shall establish a working group to 
assess the provisions of paragraphs (1) and (2) of sec-
tion 150(f) and make recommendations regarding the 
establishment of measures for States and metropolitan 
planning organizations to use to assess the level of 
transportation system access for various modes of 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00362
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
363 
travel, consistent with section 150(f) of title 23, 
United States Code. 
(2) MEMBERS.—The working group established 
pursuant to paragraph (1) shall include representa-
tives from— 
(A) the Department of Transportation; 
(B) State departments of transportation, 
including representatives that specialize in pe-
destrian and bicycle safety; 
(C) metropolitan planning organizations 
representing transportation management areas 
(as those terms are defined in section 134 of title 
23, United States Code); 
(D) other metropolitan planning organiza-
tions or local governments; 
(E) providers of public transportation; 
(F) nonprofit entities related to transpor-
tation, including relevant safety groups; 
(G) experts in the field of transportation ac-
cess data; and 
(H) any other stakeholders, as determined 
by the Secretary. 
(3) REPORT.— 
(A) SUBMISSION.—Not later than 1 year 
after the establishment of the working group pur-
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00363
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
364 
suant to paragraph (1), the working group shall 
submit to the Secretary a report of recommenda-
tions regarding the establishment of measures for 
States and metropolitan planning organizations 
to use to assess the level of transportation system 
access, consistent with section 150(f) of title 23, 
United States Code. 
(B) PUBLICATION.—Not later than 30 days 
after the date on which the Secretary receives the 
report under subparagraph (A), the Secretary 
shall publish the report on a publicly accessible 
website of the Department of Transportation. 
(4) RULEMAKING.—Not later than 2 years after 
the date on which the Secretary receives the report 
under paragraph (3), the Secretary shall issue such 
regulations as are necessary to implement the require-
ments of section 150(f) of title 23, United States Code. 
(5) TERMINATION.—The Secretary shall termi-
nate the working group established pursuant to para-
graph (1) on the date on which the regulation issued 
pursuant to paragraph (4) takes effect. 
(g) TRANSPORTATION SYSTEM ACCESS DATA.— 
(1) IN GENERAL.—Not later than 90 days after 
the date on which the Secretary of Transportation es-
tablishes the measure required under section 150(f) of 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00364
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
365 
title 23, United States Code, the Secretary shall de-
velop or procure eligible transportation system access 
data sets and analytical tools and make such data 
sets and analytical tools available to State depart-
ments of transportation and metropolitan planning 
areas that represent transportation management 
areas. 
(2) REQUIREMENTS.—An eligible transportation 
system access data set and analytical tool shall have 
the following characteristics: 
(A) The ability to quantify the level of safe, 
reliable, and convenient transportation system 
access to— 
(i) employment; 
(ii) services; and 
(iii) connections to other modes of 
transportation. 
(B) The ability to quantify transportation 
system access for various modes of travel, includ-
ing— 
(i) driving; 
(ii) public transportation; 
(iii) walking (including conveyance for 
persons with disabilities); and 
(iv) cycling (including micromobility). 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00365
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
366 
(C) The ability to disaggregate the level of 
transportation system access by various trans-
portation modes by a variety of population cat-
egories, including— 
(i) low-income populations; 
(ii) minority populations; 
(iii) age; 
(iv) disability; and 
(v) geographical location. 
(D) The ability to assess the change in the 
level of transportation system access that would 
result from new transportation investments. 
(3) CONSIDERATION.—An eligible transportation 
system access data set and analytical tool shall take 
into consideration safe and connected networks for 
walking, cycling, and persons with disabilities. 
(h) DEFINITIONS.—In this section: 
(1) TRANSPORTATION
SYSTEM
ACCESS.—The 
term ‘‘transportation system access’’ has the meaning 
given such term in section 101 of title 23, United 
States Code. 
(2) SERVICES.—The term ‘‘services’’ has the 
meaning given such term in section 150(f) of title 23, 
United States Code. 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00366
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
367 
SEC. 1404. TRANSPORTATION DEMAND DATA AND MOD-
ELING STUDY. 
(a) STUDY.— 
(1) IN GENERAL.—The Secretary of Transpor-
tation shall conduct a study on transportation de-
mand data and modeling, including transportation 
demand forecasting. 
(2) CONTENTS.—In carrying out the study under 
this section, the Secretary shall— 
(A) collect observed transportation demand 
data and transportation demand forecasts from 
States and metropolitan planning organizations, 
including data and forecasts on— 
(i) traffic counts; 
(ii) transportation mode share and 
public transportation ridership; and 
(iii) vehicle occupancy measures; 
(B) compare the transportation demand 
forecasts with the observed transportation de-
mand data gathered under subparagraph (A); 
and 
(C) use the information described in sub-
paragraphs (A) and (B) to— 
(i) develop best practices and guidance 
for States and metropolitan planning orga-
nizations to use in forecasting transpor-
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00367
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
368 
tation demand for future investments in 
transportation improvements; 
(ii) evaluate the impact of transpor-
tation investments, including new roadway 
capacity, on transportation behavior and 
transportation demand, including public 
transportation ridership, induced highway 
transportation, and congestion; 
(iii) support more accurate transpor-
tation demand forecasting by States and 
metropolitan planning organizations; 
(iv) enhance the capacity of States and 
metropolitan planning organizations to— 
(I) forecast transportation de-
mand; and 
(II) track observed transportation 
behavior responses, including induced 
transportation, to changes in transpor-
tation capacity, pricing, and land use 
patterns; and 
(v) develop transportation demand 
management strategies to maximize the effi-
ciency of the transportation system, im-
prove mobility, reduce congestion, and lower 
vehicle emissions. 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00368
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
369 
(3) COVERED
ENTITIES.—In carrying out the 
study under this section, the Secretary shall ensure 
that data and forecasts described in paragraph (2)(A) 
are collected from— 
(A) States; 
(B) metropolitan planning organizations 
that serve an area with a population of 200,000 
people or fewer; and 
(C) metropolitan planning organizations 
that serve an area with a population of over 
200,000 people. 
(4) WORKING WITH THE PRIVATE SECTOR.—In 
carrying out this section, the Secretary may, and is 
encouraged to, procure additional data as necessary 
from university transportation centers, private sector 
providers, and other entities as is needed and may 
use funds authorized under section 503(b) of title 23, 
United States Code, for carrying out this paragraph. 
(b) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall submit to Con-
gress a report containing the findings of the study con-
ducted under subsection (a). 
(c) SECRETARIAL SUPPORT.—The Secretary shall seek 
opportunities to support the transportation planning proc-
esses under sections 134 and 135 of title 23, United States 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00369
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
370 
Code, through the provision of data to States and metropoli-
tan planning organizations to improve the quality of trans-
portation plans, models, and demand forecasts. 
SEC. 1405. FISCAL CONSTRAINT ON LONG-RANGE TRANS-
PORTATION PLANS. 
Not later than 1 year after the date of enactment of 
this 
Act, 
the 
Secretary 
shall 
amend 
section 
450.324(f)(11)(v) of title 23, Code of Federal Regulations, 
to ensure that the outer years of a metropolitan transpor-
tation plan are defined as ‘‘beyond the first 4 years’’. 
Subtitle E—Federal Lands, Tribes, 
and Territories 
SEC. 1501. TERRITORIAL AND PUERTO RICO HIGHWAY PRO-
GRAM. 
Section 165 of title 23, United States Code, is amend-
ed— 
(1) in subsection (a)— 
(A) 
in 
paragraph 
(1) 
by 
striking 
‘‘$158,000,000’’ and inserting ‘‘$210,000,000’’; 
and 
(B) 
in 
paragraph 
(2) 
by 
striking 
‘‘$42,000,000’’ and inserting ‘‘$100,000,000’’; 
(2) in subsection (c)(6)(A)(iii) by striking ‘‘in 
accordance with subsections (b) and (c) of section 
129’’ and inserting ‘‘including such boats, facilities, 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00370
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
371 
and approaches that are privately or majority-pri-
vately owned, provided that such boats, facilities, and 
approaches provide a substantial public benefit’’; and 
(3) by adding at the end the following: 
‘‘(d) PARTICIPATION
OF TERRITORIES
IN DISCRE-
TIONARY PROGRAMS.—For any program in which the Sec-
retary may allocate funds out of the Highway Trust Fund 
(other than the Mass Transit Account) to a State at the 
discretion of the Secretary, the Secretary may allocate funds 
to one or more territory for any project or activity that 
otherwise would be eligible under such program if such 
project or activity was being carried out in a State.’’. 
SEC. 1502. TRIBAL TRANSPORTATION PROGRAM. 
Section 202 of title 23, United States Code, is amend-
ed— 
(1) in subsection (d)— 
(A) in paragraph (1) by striking ‘‘improv-
ing deficient’’ and inserting ‘‘the construction 
and reconstruction of’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A) by inserting 
‘‘construct,’’ after ‘‘project to’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘deficient’’; and 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00371
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
372 
(II) by inserting ‘‘in poor condi-
tion’’ after ‘‘facility bridges’’; and 
(C) in paragraph (3)— 
(i) in the heading by striking ‘‘ELIGI-
BLE BRIDGES’’ and inserting ‘‘ELIGIBILITY 
FOR EXISTING BRIDGES’’; 
(ii) by striking ‘‘a bridge’’ and insert-
ing ‘‘an existing bridge’’; and 
(iii) in subparagraph (C) by striking 
‘‘structurally deficient or functionally obso-
lete’’ and inserting ‘‘in poor condition’’; 
and 
(2) in subsection (e) by striking ‘‘for eligible 
projects described in section 148(a)(4).’’ and inserting 
the following: ‘‘for— 
‘‘(A) eligible projects described in section 
148(a)(4); 
‘‘(B) projects to promote public awareness 
and education concerning highway safety mat-
ters (including bicycle, all-terrain, motorcyclist, 
and pedestrian safety); or 
‘‘(C) projects to enforce highway safety 
laws.’’. 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00372
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
373 
SEC. 1503. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. 
(a) TRIBAL TRANSPORTATION PROGRAM.—Section 202 
of title 23, United States Code, is amended— 
(1) by redesignating subsection (f) as subsection 
(g); and 
(2) by inserting after subsection (e) the following: 
‘‘(f) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.— 
Before making any distribution under subsection (b), the 
Secretary shall set aside $50,000,000 from the funds made 
available under the tribal transportation program for each 
fiscal year to carry out the Tribal High Priority Projects 
program under section 1123 of MAP–21 (23 U.S.C. 202 
note).’’. 
(b) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.— 
Section 1123 of MAP–21 (23 U.S.C. 202 note) is amend-
ed— 
(1) in subsection (a)(1)(C) by striking ‘‘required 
by that section’’ and inserting ‘‘required under such 
program’’; 
(2) in subsection (b)(1) by striking ‘‘use amounts 
made available under subsection (h) to’’; 
(3) in subsection (d)— 
(A) in paragraph (2) by inserting ‘‘, in 
consultation with the Secretary of the Interior,’’ 
after ‘‘The Secretary’’; and 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00373
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
374 
(B) in paragraph (3) by striking ‘‘of the In-
terior’’ each place it appears; 
(4) in subsection (f) by striking ‘‘$1,000,000’’ 
and inserting ‘‘$5,000,000’’; 
(5) in subsection (g) by striking ‘‘and the Sec-
retary’’ and inserting ‘‘or the Secretary’’; and 
(6) by striking subsection (h) and inserting the 
following: 
‘‘(h) ADMINISTRATION.—The funds made available to 
carry out this section shall be administered in the same 
manner as funds made available for the Tribal transpor-
tation program under section 202 of title 23, United States 
Code.’’. 
SEC. 1504. FEDERAL LANDS TRANSPORTATION PROGRAM. 
(a) IN GENERAL.—Section 203(a) of title 23, United 
States Code, is amended by adding at the end the following: 
‘‘(6) TRANSFER
FOR
HIGH-COMMUTER
COR-
RIDORS.— 
‘‘(A) REQUEST.—If the head of a covered 
agency determines that a high-commuter cor-
ridor requires additional investment, based on 
the criteria described in subparagraph (D), the 
head of a covered agency, with respect to such 
corridor, shall submit to the State— 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00374
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
375 
‘‘(i) information on condition of pave-
ments and bridges; 
‘‘(ii) an estimate of the amounts need-
ed to bring such corridor into a state of 
good repair, taking into consideration any 
planned future investments; and 
‘‘(iii) at the discretion of the head of a 
covered agency, a request that the State 
transfer to the covered agency, under the 
authority of section 132 or section 204, or 
to the Federal Highway Administration, 
under the authority of section 104, a por-
tion of such amounts necessary to address 
the condition of the corridor. 
‘‘(B) STATE RESPONSE.—Not later than 45 
days after the date of receipt of the request de-
scribed in subparagraph (A)(iii), the State 
shall— 
‘‘(i) approve the request; 
‘‘(ii) deny the request and explain the 
reasons for such denial; or 
‘‘(iii) request any additional informa-
tion necessary to take action on the request. 
‘‘(C) NOTIFICATION TO THE SECRETARY.— 
The head of a covered agency shall provide to the 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00375
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
376 
Secretary a copy of any request described under 
subparagraph (A)(iii) and response described 
under subparagraph (B). 
‘‘(D) CRITERIA.—In making a determina-
tion under subparagraph (A), the head of a cov-
ered agency, with respect to the corridor, shall 
consider— 
‘‘(i) the condition of roads, bridges, 
and tunnels; and 
‘‘(ii) the average annual daily traffic. 
‘‘(E) DEFINITIONS.—In this paragraph: 
‘‘(i) COVERED
AGENCY.—The term 
‘covered agency’ means a Federal agency el-
igible to receive funds under this section or 
section, section 203, or section 204. 
‘‘(ii) HIGH-COMMUTER
CORRIDOR.— 
The term ‘high-commuter corridor’ means a 
Federal lands transportation facility that 
has average annual daily traffic of not less 
than 20,000 vehicles.’’. 
(b) GAO STUDY REGARDING NPS MAINTENANCE.— 
(1) STUDY.—The Comptroller General of the 
United States shall study the National Park Service 
maintenance prioritization of Federal lands transpor-
tation facilities. 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00376
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
377 
(2) CONTENTS.—At minimum, the study under 
paragraph (1) shall examine— 
(A) general administrative maintenance of 
the National Park Service; 
(B) how the National Park Service cur-
rently prioritizes maintenance of Federal facili-
ties covered under the Federal Lands Transpor-
tation Program; 
(C) what kind of maintenance the National 
Parkway Service is performing; 
(D) to what degree does the National Park 
Service prioritize high-commuter corridors; and 
(E) how the National Park Service can bet-
ter service the needs of high commuter corridors. 
(3) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Comptroller General 
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 a report summarizing the study and the re-
sults of such study, including recommendations for 
addressing the maintenance needs and prioritization 
of high-commuter corridors. 
(4) 
DEFINITION
OF
HIGH-COMMUTER
COR-
RIDOR.—In this section, the term ‘‘high-commuter 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00377
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
378 
corridor’’ means a Federal lands transportation facil-
ity that has average annual daily traffic of not less 
than 20,000 vehicles. 
SEC. 1505. FEDERAL LANDS AND TRIBAL MAJOR PROJECTS 
PROGRAM. 
(a) IN GENERAL.—Chapter 2 of title 23, United States 
Code, is amended by inserting after section 207 the fol-
lowing: 
‘‘§ 208. Federal lands and Tribal major projects pro-
gram 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish 
a Federal lands and Tribal major projects program (re-
ferred to in this section as the ‘program’) to provide funding 
to construct, reconstruct, or rehabilitate critical Federal 
lands and Tribal transportation infrastructure. 
‘‘(b) ELIGIBLE APPLICANTS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), entities eligible to receive funds under sec-
tions 201, 202, 203, and 204 may apply for funding 
under the program. 
‘‘(2) SPECIAL RULE.—A State, county, or unit of 
local government may only apply for funding under 
the program if sponsored by an eligible Federal land 
management agency or Indian Tribe. 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00378
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
379 
‘‘(c) ELIGIBLE PROJECTS.—An eligible project under 
the program shall be on a Federal lands transportation fa-
cility, a Federal lands access transportation facility, or a 
tribal transportation facility, except that such facility is 
not required to be included in an inventory described in 
section 202 or 203, and for which— 
‘‘(1) the project— 
‘‘(A) has completed the activities required 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) which has been 
demonstrated through— 
‘‘(i) a record of decision with respect to 
the project; 
‘‘(ii) a finding that the project has no 
significant impact; or 
‘‘(iii) a determination that the project 
is categorically excluded; or 
‘‘(B) is reasonably expected to begin con-
struction not later than 18 months after the date 
of obligation of funds for the project; and 
‘‘(2) the project has an estimated cost equal to or 
exceeding— 
‘‘(A) $12,500,000 if it is on a Federal lands 
transportation facility or a Federal lands access 
transportation facility; and 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00379
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
380 
‘‘(B) $5,000,000 if it is on a Tribal trans-
portation facility. 
‘‘(d) ELIGIBLE ACTIVITIES.—Grant amounts received 
for a project under this section may be used for— 
‘‘(1) development phase activities, including 
planning, feasibility analysis, revenue forecasting, en-
vironmental review, preliminary engineering and de-
sign work, and other preconstruction activities; and 
‘‘(2) construction, reconstruction, and rehabilita-
tion activities. 
‘‘(e) APPLICATIONS.—Eligible applicants shall submit 
to the Secretary an application at such time, in such form, 
and containing such information as the Secretary may re-
quire. 
‘‘(f) PROJECT REQUIREMENTS.—The Secretary may 
select a project to receive funds under the program only if 
the Secretary determines that the project— 
‘‘(1) improves the condition of critical transpor-
tation facilities, including multimodal facilities; 
‘‘(2) cannot be easily and efficiently completed 
with amounts made available under section 202, 203, 
or 204; and 
‘‘(3) is cost effective. 
‘‘(g) MERIT CRITERIA.—In making a grant under this 
section, the Secretary shall consider whether the project— 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00380
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
381 
‘‘(1) will generate state of good repair, resilience, 
economic competitiveness, quality of life, mobility, or 
safety benefits; 
‘‘(2) in the case of a project on a Federal lands 
transportation facility or a Federal lands access 
transportation facility, has costs matched by funds 
that are not provided under this section or this title; 
and 
‘‘(3) generates benefits for land owned by mul-
tiple Federal land management agencies or Indian 
Tribes, or which spans multiple States. 
‘‘(h) EVALUATION AND RATING.—To evaluate applica-
tions, the Secretary shall— 
‘‘(1) determine whether a project meets the re-
quirements under subsection (f); 
‘‘(2) evaluate, through a discernable and trans-
parent methodology, how each application addresses 
one or more merit criteria established under sub-
section (g); 
‘‘(3) assign a rating for each merit criteria for 
each application; and 
‘‘(4) consider applications only on the basis of 
such quality ratings and which meet the minimally 
acceptable level for each of the merit criteria. 
‘‘(i) COST SHARE.— 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00381
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
382 
‘‘(1) FEDERAL LANDS PROJECTS.— 
‘‘(A) IN
GENERAL.—Notwithstanding sec-
tion 120, the Federal share of the cost of a 
project on a Federal lands transportation facil-
ity or a Federal lands access transportation fa-
cility shall be up to 90 percent. 
‘‘(B) 
NON-FEDERAL
SHARE.—Notwith-
standing any other provision of law, any Federal 
funds may be used to pay the non-Federal share 
of the cost of a project carried out under this sec-
tion. 
‘‘(2) TRIBAL PROJECTS.—The Federal share of 
the cost of a project on a Tribal transportation facil-
ity shall be 100 percent. 
‘‘(j) USE OF FUNDS.—For each fiscal year, of the 
amounts made available to carry out this section, not more 
than 50 percent shall be used for eligible projects on Federal 
lands transportation facilities or Federal lands access 
transportation facilities and Tribal transportation facili-
ties, respectively.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
2 of title 23, United States Code, is amended by inserting 
after the item relating to section 207 the following new item: 
‘‘208. Federal lands and Tribal major projects program.’’. 
(c) REPEAL.—Section 1123 of the FAST Act (23 
U.S.C. 201 note), and the item related to such section in 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00382
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
383 
the table of contents under section 1(b) of such Act, are re-
pealed. 
SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AFFAIRS. 
Section 102 of title 49, United States Code, is amend-
ed— 
(1) in subsection (e)(1)— 
(A) by striking ‘‘6 Assistant’’ and inserting 
‘‘7 Assistant’’; 
(B) in subparagraph (C) by striking ‘‘; 
and’’ and inserting a semicolon; 
(C) by redesignating subparagraph (D) as 
subparagraph (E); and 
(D) by inserting after subparagraph (C) the 
following: 
‘‘(D) an Assistant Secretary for Tribal Gov-
ernment Affairs, who shall be appointed by the 
President; and’’; and 
(2) in subsection (f)— 
(A) in the heading by striking ‘‘DEPUTY 
ASSISTANT SECRETARY
FOR TRIBAL GOVERN-
MENT
AFFAIRS’’ and inserting ‘‘OFFICE
OF 
TRIBAL GOVERNMENT AFFAIRS’’; and 
(B) by striking paragraph (1) and inserting 
the following: 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00383
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
384 
‘‘(1) ESTABLISHMENT.—There is established in 
the Department an Office of Tribal Government Af-
fairs, under the Assistant Secretary for Tribal Gov-
ernment Affairs, to— 
‘‘(A) oversee the Tribal transportation self- 
governance program under section 207 of title 
23; 
‘‘(B) plan, coordinate, and implement poli-
cies and programs serving Indian Tribes and 
Tribal organizations; 
‘‘(C) coordinate Tribal transportation pro-
grams and activities in all offices and adminis-
trations of the Department; 
‘‘(D) provide technical assistance to Indian 
Tribes and Tribal organizations; and 
‘‘(E) be a participant in any negotiated 
rulemakings relating to, or having an impact on, 
projects, programs, or funding associated with 
the tribal transportation program under section 
202 of title 23.’’. 
SEC. 1507. ALTERNATIVE CONTRACTING METHODS. 
(a) LAND MANAGEMENT AGENCIES AND TRIBAL GOV-
ERNMENTS.—Section 201 of title 23, United States Code, 
is amended by adding at the end the following: 
‘‘(f) ALTERNATIVE CONTRACTING METHODS.— 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00384
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
385 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary may use a contracting 
method available to a State under this title on behalf 
of— 
‘‘(A) a Federal land management agency, 
with respect to any funds available pursuant to 
section 203 or 204; 
‘‘(B) a Federal land management agency, 
with respect to any funds available pursuant to 
section 1535 of title 31 for any eligible use de-
scribed in sections 203(a)(1) and 204(a)(1) of 
this title; or 
‘‘(C) a Tribal Government, with respect to 
any 
funds 
available 
pursuant 
to 
section 
202(b)(7)(D). 
‘‘(2) METHODS
DESCRIBED.—The contracting 
methods referred to in paragraph (1) shall include, at 
a minimum— 
‘‘(A) project bundling; 
‘‘(B) bridge bundling; 
‘‘(C) design-build contracting; 
‘‘(D) 2-phase contracting; 
‘‘(E) long-term concession agreements; and 
‘‘(F) any method tested, or that could be 
tested, under an experimental program relating 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00385
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
386 
to contracting methods carried out by the Sec-
retary. 
‘‘(3) RULE OF CONSTRUCTION.—Nothing in this 
subsection— 
‘‘(A) affects the application of the Federal 
share for a project carried out with a contracting 
method under this subsection; or 
‘‘(B) modifies the point of obligation of Fed-
eral salaries and expenses.’’. 
(b) USE OF ALTERNATIVE CONTRACTING METHOD.— 
In carrying out the amendments made by this section, the 
Secretary shall— 
(1) in consultation with the applicable Federal 
land management agencies, establish procedures that 
are— 
(A) applicable to each alternative con-
tracting method; and 
(B) to the maximum extent practicable, 
consistent with requirements for Federal procure-
ment transactions; 
(2) solicit input on the use of each alternative 
contracting method from any affected industry prior 
to using such method; and 
(3) analyze and prepare an evaluation of the use 
of each alternative contracting method. 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00386
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
387 
SEC. 1508. DIVESTITURE OF FEDERALLY OWNED BRIDGES. 
(a) IN GENERAL.—The Commissioner of the Bureau 
of Reclamation may transfer ownership of a bridge that is 
owned by the Bureau of Reclamation if— 
(1) the ownership of the bridge is transferred to 
a State with the concurrence of such State; 
(2) the State to which ownership is transferred 
agrees to operate and maintain the bridge; 
(3) the transfer of ownership complies with all 
applicable Federal requirements, including— 
(A) section 138 of title 23, United States 
Code; 
(B) section 306108 of title 54, United States 
Code; and 
(C) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); and 
(4) the Bureau of Reclamation and the State to 
which ownership is being transferred jointly notify 
the Secretary of Transportation of the intent to con-
duct a transfer prior to such transfer. 
(b) ACCESS.—In a transfer of ownership of a bridge 
under this section, the Commissioner of the Bureau of Rec-
lamation— 
(1) shall not be required to transfer ownership of 
the land on which the bridge is located or any adja-
cent lands; and 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00387
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
388 
(2) shall make arrangements with the State to 
which ownership is being transferred to allow for ade-
quate access to such bridge, including for the purposes 
of construction, maintenance, and bridge inspections 
pursuant to section 144 of title 23, United States 
Code. 
SEC. 1509. STUDY ON FEDERAL FUNDING AVAILABLE TO IN-
DIAN TRIBES. 
Not later than January 31 of each year, the Secretary 
of Transportation shall submit to the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives and the Committee on Environment and Public Works 
of the Senate a report that— 
(1) identifies the number of Indian Tribes that 
were direct recipients of funds under any discre-
tionary Federal highway, transit, or highway safety 
program in the prior fiscal year; 
(2) lists the total amount of such funds made 
available directly to such Tribes; 
(3) identifies the number and location of Indian 
Tribes that were indirect recipients of funds under 
any formula-based Federal highway, transit, or high-
way safety program in the prior fiscal year; and 
(4) lists the total amount of such funds made 
available indirectly to such tribes through states or 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00388
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
389 
other direct recipients of Federal highway, transit or 
highway safety funding. 
SEC. 1510. GAO STUDY. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a study on the deferred mainte-
nance of United States forest roads, including— 
(1) the current backlog; 
(2) the current actions on such maintenance and 
backlog; 
(3) the impacts of public safety due to such de-
ferred maintenance; and 
(4) recommendations for Congress on ways to 
address such backlog. 
(b) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Comptroller General of the United 
States 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 
a report containing the results of the study conducted under 
subsection (a). 
Subtitle F—Additional Provisions 
SEC. 1601. VISION ZERO. 
(a) IN GENERAL.—A local government, metropolitan 
planning organization, or regional transportation planning 
organization may develop and implement a vision zero 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00389
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
390 
plan to significantly reduce or eliminate transportation-re-
lated fatalities and serious injuries within a specified time-
frame, not to exceed 20 years. 
(b) USE OF FUNDS.—Amounts apportioned to a State 
under paragraph (2) or (3) of section 104(b) of title 23, 
United States Code, may be used to carry out a vision zero 
plan under this section. 
(c) CONTENTS OF PLAN.—A vision zero plan under 
this section shall include— 
(1) a description of programs, strategies, or poli-
cies intended to significantly reduce or eliminate 
transportation-related fatalities and serious injuries 
within a specified timeframe, not to exceed 20 years, 
that is consistent with a State strategic highway safe-
ty plan and uses existing transportation data and 
consideration of risk factors; 
(2) plans for implementation of, education of the 
public about, and enforcement of such programs, 
strategies, or policies; 
(3) a description of how such programs, strate-
gies, or policies, and the enforcement of such pro-
grams, strategies, or policies will— 
(A) equitably invest in the safety needs of 
low-income and minority communities; 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00390
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
391 
(B) ensure that such communities are not 
disproportionately targeted by law enforcement; 
and 
(C) protect the rights of members of such 
communities with respect to title VI of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d et seq.); 
and 
(4) a description of a mechanism to evaluate 
progress of the development and implementation of 
the plan, including the gathering and use of transpor-
tation safety and demographic data. 
(d) INCLUSIONS.—A vision zero plan may include a 
complete streets prioritization plan that identifies a specific 
list of projects to— 
(1) create a connected network of active trans-
portation facilities, including sidewalks, bikeways, or 
pedestrian and bicycle trails, to connect communities 
and provide safe, reliable, affordable, and convenient 
access to employment, housing, and services, con-
sistent with the goals described in section 150(b) of 
title 23, United States Code; 
(2) integrate active transportation facilities with 
public transportation service or improve access to 
public transportation; and 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00391
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
392 
(3) improve transportation options for low-in-
come and minority communities. 
(e) COORDINATION.—A vision zero plan under this sec-
tion shall provide for coordination of various subdivisions 
of a unit of local government in the implementation of the 
plan, including subdivisions responsible for law enforce-
ment, public health, data collection, and public works. 
(f) SAFETY PERFORMANCE MANAGEMENT.—A vision 
zero plan under this section is not sufficient to demonstrate 
compliance with the safety performance or planning re-
quirements of section 148 or 150 of title 23, United States 
Code. 
SEC. 1602. SPEED LIMITS. 
(a) SPEED LIMITS.—The Secretary of Transportation 
shall revise the Manual on Uniform Traffic Control Devices 
to provide for a safe system approach to setting speed lim-
its, consistent with the safety recommendations issued by 
the National Transportation Safety Board on August 15, 
2017, numbered H–17–27 and H–17–028. 
(b) CONSIDERATIONS.—In carrying out subparagraph 
(A), the Secretary shall consider— 
(1) crash statistics; 
(2) road geometry characteristics; 
(3) roadside characteristics; 
(4) traffic volume; 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00392
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
393 
(5) the possibility and likelihood of human error; 
(6) human injury tolerance; 
(7) the prevalence of vulnerable road users; and 
(8) any other consideration, consistent with a 
safe system approach, as determined by the Secretary. 
(c) REPORT
ON
SPEED
MANAGEMENT
PROGRAM 
PLAN.—Not later than 1 year after the date of enactment 
of this Act, the Secretary shall update and report on the 
implementation progress of the Speed Management Pro-
gram Plan of the Department of Transportation, as de-
scribed in the safety recommendation issued by the National 
Transportation Safety Board on August 15, 2017, num-
bered H–17–018. 
(d) DEFINITIONS.—In this section, the terms ‘‘safe sys-
tem approach’’ and ‘‘vulnerable road user’’ have the mean-
ings given such terms in section 148(a) of title 23, United 
States Code. 
SEC. 1603. BROADBAND INFRASTRUCTURE DEPLOYMENT. 
(a) DEFINITIONS.—In this section: 
(1) APPROPRIATE
STATE
AGENCY.—The term 
‘‘appropriate State agency’’ means a State govern-
mental agency that is recognized by the executive 
branch of the State as having the experience necessary 
to evaluate and facilitate the installation and oper-
ation of broadband infrastructure within the State. 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00393
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
394 
(2) BROADBAND.—The term ‘‘broadband’’ has 
the meaning given the term ‘‘advanced telecommuni-
cations capability’’ in section 706 of the Tele-
communications Act of 1996 (47 U.S.C. 1302). 
(3) 
BROADBAND
CONDUIT.—The 
term 
‘‘broadband conduit’’ means a conduit or innerduct 
for fiber optic cables (or successor technology of great-
er quality and speed) that supports the provision of 
broadband. 
(4) BROADBAND
INFRASTRUCTURE.—The term 
‘‘broadband infrastructure’’ means any buried or un-
derground facility and any wireless or wireline con-
nection that enables the provision of broadband. 
(5) 
BROADBAND
PROVIDER.—The 
term 
‘‘broadband provider’’ means an entity that provides 
broadband to any person or facilitates provision of 
broadband to any person, including, with respect to 
such entity— 
(A) a corporation, company, association, 
firm, partnership, nonprofit organization, or 
any other private entity; 
(B) a State or local broadband provider; 
(C) an Indian Tribe; and 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00394
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
395 
(D) a partnership between any of the enti-
ties described in subparagraphs (A), (B), and 
(C). 
(6) 
COVERED
HIGHWAY
CONSTRUCTION 
PROJECT.— 
(A) IN GENERAL.—The term ‘‘covered high-
way construction project’’ means, without regard 
to ownership of a highway, a project to construct 
a new highway or an additional lane for an ex-
isting highway, to reconstruct an existing high-
way, or new construction, including for a paved 
shoulder. 
(B) EXCLUSIONS.—The term ‘‘covered high-
way construction project’’ excludes any project— 
(i) awarded before the date on which 
regulations required under subsection (b) 
take effect; 
(ii) that does not include work beyond 
the edge of pavement or current paved 
shoulder; or 
(iii) that does not require excavation. 
(7) DIG ONCE REQUIREMENT.—The term ‘‘dig 
once requirement’’ means a requirement designed to 
reduce the cost and accelerate the deployment to 
broadband by minimizing the number and scale of re-
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00395
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
396 
peated excavations for the installation and mainte-
nance of broadband conduit or broadband infrastruc-
ture in rights-of-way. 
(8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given such term in section 4(e) of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304(e)). 
(9) NTIA ADMINISTRATOR.—The term ‘‘NTIA 
Administrator’’ means the Assistant Secretary of 
Commerce for Communications and Information. 
(10) PROJECT.—The term ‘‘project’’ has the 
meaning given such term in section 101 of title 23, 
United States Code. 
(11) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(12) STATE.—The term ‘‘State’’ has the meaning 
given such term in section 401 of title 23, United 
States Code. 
(13) STATE OR LOCAL BROADBAND PROVIDER.— 
The term ‘‘State or local broadband provider’’ means 
a State or political subdivision thereof, or any agen-
cy, authority, or instrumentality of a State or polit-
ical subdivision thereof, that provides broadband to 
any person or facilitates the provision of broadband 
to any person in that State. 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00396
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
397 
(14) TRIBAL GOVERNMENT.—The term ‘‘Tribal 
government’’ means the recognized governing body of 
an Indian Tribe or any agency, authority, or instru-
mentality of such governing body or such Indian 
Tribe. 
(b) DIG ONCE REQUIREMENT.—To facilitate the in-
stallation of broadband infrastructure, the Secretary shall, 
not later than 9 months after the date of enactment of this 
Act, promulgate regulations to ensure that each State that 
receives funds under chapter 1 of title 23, United States 
Code, meets the following requirements: 
(1) BROADBAND PLANNING.—The State depart-
ment of transportation, in consultation with appro-
priate State agencies, shall— 
(A) identify a broadband coordinator, who 
may have additional responsibilities in the State 
department of transportation or in another State 
agency, that is responsible for facilitating the 
broadband infrastructure right-of-way efforts 
within the State; and 
(B) review existing State broadband plans, 
including existing dig once requirements of the 
State, 
municipal 
governments 
incorporated 
under State law, and Tribal governments within 
the State, to determine opportunities to coordi-
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00397
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
398 
nate projects occurring within or across highway 
rights-of-way with planned broadband infra-
structure projects. 
(2) NOTICE
OF
PLANNED
CONSTRUCTION
FOR 
BROADBAND PROVIDERS.— 
(A) NOTICE.—The State department of 
transportation, in consultation with appropriate 
State agencies, shall establish a process— 
(i) for the registration of broadband 
providers that seek to be included in the ad-
vance notification of, and opportunity to 
participate in, broadband infrastructure 
right-of-way facilitation efforts within the 
State; and 
(ii) 
to 
electronically 
notify 
all 
broadband providers registered under clause 
(i)— 
(I) of the State transportation im-
provement program on at least an an-
nual basis; and 
(II) of projects within the high-
way right-of-way for which Federal 
funding is expected to be obligated in 
the subsequent fiscal year. 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00398
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
399 
(B) WEBSITE.—A State department of 
transportation shall be considered to meet the re-
quirements of subparagraph (A) if such State de-
partment of transportation publishes on a public 
website— 
(i) the State transportation improve-
ment program on at least an annual basis; 
and 
(ii) projects within the highway right- 
of-way for which Federal funding is ex-
pected to be obligated in the subsequent fis-
cal year. 
(C) COORDINATION.—The State department 
of transportation, in consultation with appro-
priate State agencies, shall establish a process for 
a broadband provider to commit to installing 
broadband conduit or broadband infrastructure 
as part of any project. 
(3) REQUIRED INSTALLATION OF CONDUIT.— 
(A) IN GENERAL.—The State department of 
transportation shall install broadband conduit, 
in accordance with this paragraph, except as de-
scribed in subparagraph (F), as part of any cov-
ered highway construction project, unless a 
broadband provider has committed to install 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00399
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
400 
broadband conduit or broadband infrastructure 
as part of such project in a process described 
under paragraph (2)(C). 
(B) INSTALLATION
REQUIREMENTS.—The 
State department of transportation shall ensure 
that— 
(i) 
an 
appropriate 
number 
of 
broadband conduits, as determined in con-
sultation with the appropriate State agen-
cies, are installed along the highway of a 
covered highway construction project to ac-
commodate multiple broadband providers, 
with consideration given to the availability 
of existing conduits; 
(ii) the size of each such conduit is 
consistent with industry best practices and 
is sufficient to accommodate potential de-
mand, as determined in consultation with 
the appropriate State agencies; 
(iii) hand holes and manholes nec-
essary for fiber access and pulling with re-
spect to such conduit are placed at intervals 
consistent with standards determined in 
consultation with the appropriate State 
agencies (which may differ by type of road, 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00400
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
401 
topologies, and rurality) and consistent 
with safety requirements; 
(iv) each broadband conduit installed 
pursuant to this paragraph includes a pull 
tape and is capable of supporting fiber 
optic cable placement techniques consistent 
with best practices; and 
(v) is placed at a depth consistent with 
requirements of the covered highway con-
struction project and best practices and 
that, in determining the depth of placement, 
consideration is given to the location of ex-
isting utilities and cable separation require-
ments of State and local electrical codes. 
(C) GUIDANCE FOR THE INSTALLATION OF 
BROADBAND CONDUIT.—The Secretary, in con-
sultation with the NTIA Administrator, shall 
issue guidance for best practices related to the 
installation of broadband conduit as described in 
this paragraph and of conduit and similar in-
frastructure for intelligent transportation sys-
tems (as such term is defined in section 501 of 
title 23, United States Code) that may utilize 
broadband conduit installed pursuant to this 
paragraph. 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00401
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
402 
(D) ACCESS.— 
(i) IN
GENERAL.—The State depart-
ment of transportation shall ensure that 
any requesting broadband provider has ac-
cess to each broadband conduit installed 
pursuant to this paragraph, on a competi-
tively neutral and nondiscriminatory basis, 
and in accordance with State permitting, 
licensing, leasing, or other similar laws and 
regulations. 
(ii) FEE
SCHEDULE.—The State de-
partment of transportation, in consultation 
with appropriate State agencies, shall pub-
lish a fee schedule for a broadband provider 
to access conduit installed pursuant to this 
paragraph. Fees in such schedule— 
(I) shall be consistent with the fees 
established pursuant to section 224 of 
the Communications Act of 1934 (47 
U.S.C. 224); 
(II) may vary by topography, lo-
cation, type of road, rurality, and 
other factors in the determination of 
the State; and 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00402
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
403 
(III) may be updated not more 
frequently than annually. 
(iii) 
IN-KIND
COMPENSATION.—The 
State department of transportation may ne-
gotiate in-kind compensation with any 
broadband provider requesting access to 
broadband conduit installed under the pro-
visions of this paragraph as a replacement 
for part or all of, but not to exceed, the rel-
evant fee in the fee schedule described in 
clause (ii). 
(iv) SAFETY
CONSIDERATIONS.—The 
State department of transportation shall re-
quire of broadband providers a process for 
safe access to the highway right-of-way dur-
ing installation and on-going maintenance 
of the broadband fiber optic cables including 
a traffic control safety plan. 
(v) COMMUNICATION.—A broadband 
provider with access to the conduit installed 
pursuant to this subsection shall notify and 
receive permission from the relevant agen-
cies of State responsible for the installation 
of such broadband conduit prior to access-
ing any highway or highway right-of-way, 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00403
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
404 
in accordance with applicable Federal re-
quirements. 
(E) TREATMENT
OF
PROJECTS.—Notwith-
standing any other provision of law, broadband 
conduit and broadband infrastructure installa-
tion projects under this paragraph shall comply 
with section 113(a) of title 23, United States 
Code. 
(F) WAIVER AUTHORITY.— 
(i) IN GENERAL.—A State department 
of transportation may waive the required 
installation of broadband conduit for part 
or all of any covered highway construction 
project under this paragraph if, in the de-
termination of the State— 
(I) broadband infrastructure, ter-
restrial broadband infrastructure, aer-
ial 
broadband 
fiber 
cables, 
or 
broadband conduit is present near a 
majority of the length of the covered 
highway construction project; 
(II) the installation of conduit in-
creases overall costs of a covered high-
way construction project by 1.5 percent 
or greater; 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00404
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
405 
(III) the installation of broadband 
conduit associated with covered high-
way construction project will not be 
utilized 
or 
connected 
to 
future 
broadband infrastructure in the next 
20 years, in the determination of the 
State department of transportation, in 
consultation with appropriate State 
agencies and potentially affected local 
governments and Tribal governments; 
(IV) the requirements of this 
paragraph would require installation 
of conduit redundant with a dig once 
requirement of a local or Tribal gov-
ernment; 
(V) there exists a circumstance in-
volving force majeure; or 
(VI) other relevant factors, as de-
termined by the Secretary in consulta-
tion with the NTIA Administrator 
through regulation, warrant a waiver. 
(ii) CONTENTS OF WAIVER.—A waiver 
authorized under this subparagraph shall— 
(I) identify the covered highway 
construction project; and 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00405
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
406 
(II) include a brief description of 
the determination of the State for 
issuing such waiver. 
(iii) AVAILABILITY
OF
WAIVER.—A 
waiver authorized under this subparagraph 
shall be included in the plans, specifica-
tions, and estimates for the associated 
project, as long as such info is publicly 
available. 
(4) PRIORITY.—If a State provides for the in-
stallation of broadband infrastructure or broadband 
conduit in the right-of-way of an applicable project 
under this subsection, the State department of trans-
portation, along with appropriate State agencies, 
shall carry out appropriate measures to ensure that 
any existing broadband providers are afforded equal 
opportunity access, as compared to other broadband 
providers, with respect to the program under this sub-
section. 
(5) CONSULTATION.— 
(A) IN GENERAL.—In promulgating regula-
tions required by this subsection or to implement 
any part of this section, the Secretary shall con-
sult— 
(i) the NTIA Administrator; 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00406
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
407 
(ii) the Federal Communications Com-
mission; 
(iii) State departments of transpor-
tation; 
(iv) appropriate State agencies; 
(v) agencies of local governments re-
sponsible for transportation and rights-of- 
way, utilities, and telecommunications and 
broadband; 
(vi) Tribal governments; 
(vii) broadband providers; and 
(viii) manufacturers of optical fiber, 
conduit, pull tape, and related items. 
(B) BROADBAND
USERS.—The Secretary 
shall ensure that the entities consulted under 
clauses (iii) through (vi) of subparagraph (A) in-
clude rural areas and populations with limited 
access to broadband infrastructure. 
(C) BROADBAND
PROVIDERS.—The Sec-
retary shall ensure that the entities consulted 
under clause (vii) of subparagraph (A) include 
entities who provide broadband to rural areas 
and 
populations 
with 
limited 
access 
to 
broadband infrastructure. 
(6) PROHIBITION ON UNFUNDED MANDATE.— 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00407
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
408 
(A) IN
GENERAL.—This subsection shall 
apply only to projects for which Federal obliga-
tions or expenditures are initially approved on 
or after the date regulations required under this 
subsection take effect. 
(B) NO
MANDATE.—Absent an available 
and dedicated Federal source of funding— 
(i) nothing in this subsection estab-
lishes a mandate or requirement that a 
State install broadband conduit in a high-
way right-of-way; and 
(ii) nothing in paragraph (3) shall es-
tablish any requirement for a State. 
(7) RULES OF CONSTRUCTION.— 
(A) STATE
LAW.—Nothing in this sub-
section shall be construed to require a State to 
install or allow the installation of broadband 
conduit or broadband infrastructure— 
(i) that is otherwise inconsistent with 
what is allowable under State law; or 
(ii) where the State lacks the authority 
or property easement necessary for such in-
stallation. 
(B) NO REQUIREMENT FOR INSTALLATION 
OF MOBILE SERVICES EQUIPMENT.—Nothing in 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00408
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
409 
this section shall be construed to require a State, 
a municipal government incorporated under 
State law, or an Indian Tribe to install or allow 
for the installation of equipment essential for the 
provision of commercial mobile services (as de-
fined in section 332(d) of the Communications 
Act of 1934 (47 U.S.C. 332(d))) or commercial 
mobile data service (as defined in section 6001 
of the Middle Class Tax Relief and Job Creation 
Act of 2012 (47 U.S.C. 1401)), other than 
broadband conduit and associated equipment de-
scribed in paragraph (3)(B). 
(c) RELATION TO STATE DIG ONCE REQUIREMENTS.— 
Nothing in subsection (b) or any regulations promulgated 
under subsection (b) shall be construed to alter or supersede 
any provision of a State law or regulation that provides 
for a dig once requirement that includes similar or more 
stringent requirements to the provisions of subsection (b) 
and any regulations promulgated under subsection (b). 
(d) DIG ONCE FUNDING TASK FORCE.— 
(1) ESTABLISHMENT.—There is established an 
independent task force on funding the nationwide dig 
once requirement described in this section to be known 
as the ‘‘Dig Once Funding Task Force’’ (hereinafter 
referred to as the ‘‘Task Force’’). 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00409
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
410 
(2) DUTIES.—The duties of the Task Force shall 
be to— 
(A) estimate the annual cost for imple-
menting and administering a nationwide dig 
once requirement; and 
(B) propose and evaluate options for fund-
ing a nationwide dig once requirement described 
in this section that includes— 
(i) a discussion of the role and poten-
tial share of costs of— 
(I) the Federal Government; 
(II) State, local, and Tribal gov-
ernments; and 
(III) broadband providers; and 
(ii) consideration of the role of existing 
dig once requirements of State, local, and 
Tribal governments and private broadband 
investment, with a goal to not discourage or 
disincentivize such dig once requirements or 
such investment. 
(3) REPORTS.— 
(A) INTERIM REPORT AND BRIEFING.—Not 
later than 9 months after the date of enactment 
of this Act, the Task Force shall submit an in-
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00410
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
411 
terim report to Congress and provide briefings 
for Congress on the findings of the Task Force. 
(B) FINAL
REPORT.—Not later than 12 
months after the date of enactment of this Act, 
the Task Force shall submit a final report to 
Congress on the findings of the Task Force. 
(4) MEMBERS.— 
(A) APPOINTMENTS.—The Task Force shall 
consist of 14 members, consisting of— 
(i) the 2 co-chairs described in sub-
paragraph (B); 
(ii) 6 members jointly appointed by 
the Speaker and minority leader of the 
House of Representatives, in consultation 
with the respective Chairs and Ranking 
Members of the— 
(I) the Committee on Transpor-
tation and Infrastructure of the House 
of Representatives; 
(II) the Committee on Energy and 
Commerce of the House of Representa-
tives; and 
(III) the Committee on Appro-
priations of the House of Representa-
tives; and 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00411
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
412 
(iii) 6 members jointly appointed by 
the majority leader and minority leader of 
the Senate, in consultation with the respec-
tive Chairs and Ranking Members of the— 
(I) the Committee on Environ-
ment and Public Works of the Senate; 
(II) the Committee on Commerce, 
Science, and Transportation of the 
Senate; and 
(III) the Committee on Appro-
priations of the Senate. 
(B) CO-CHAIRS.—The Task Force shall be 
co-chaired by the Secretary and the NTIA Ad-
ministrator, or their designees. 
(C) COMPOSITION.—The Task Force shall 
include at least— 
(i) 1 representative from a State de-
partment of transportation; 
(ii) 1 representative from a local gov-
ernment; 
(iii) 1 representative from a Tribal 
government; 
(iv) 1 representative from a broadband 
provider; 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00412
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
413 
(v) 1 representative from a State or 
local broadband provider; 
(vi) 1 representative from a labor 
union; and 
(vii) 1 representative from a public in-
terest organization. 
(D) 
APPOINTMENT
DEADLINE.—Members 
shall be appointed to the Task Force not later 
than 60 days after the date of enactment of this 
Act. 
(E) EFFECT OF LACK OF APPOINTMENT BY 
APPOINTMENT
DATE.—If 1 or more appoint-
ments required under subparagraph (A) is not 
made by the appointment date specified in sub-
paragraph (D), the authority to make such ap-
pointment or appointments shall expire and the 
number of members of the Task Force shall be re-
duced by the number equal to the number of ap-
pointments so expired. 
(F) TERMS.—Members shall be appointed 
for the life of the Task Force. A vacancy in the 
Task Force shall not affect its powers and shall 
be filled in the same manner as the initial ap-
pointment was made. 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00413
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
414 
(5) CONSULTATIONS.—In carrying out the duties 
required under this subsection, the Task Force shall 
consult, at a minimum— 
(A) the Federal Communications Commis-
sion; 
(B) agencies of States including— 
(i) State departments of transpor-
tation; and 
(ii) appropriate State agencies; 
(C) agencies of local governments respon-
sible for transportation and rights of way, utili-
ties, and telecommunications and broadband; 
(D) Tribal governments; 
(E) broadband providers and other tele-
communications providers; 
(F) labor unions; and 
(G) State or local broadband providers and 
Tribal governments that act as broadband pro-
viders. 
(6) ADDITIONAL PROVISIONS.— 
(A) EXPENSES
FOR
NON-FEDERAL
MEM-
BERS.—Non-Federal members of the Task Force 
shall be allowed travel expenses, including per 
diem in lieu of subsistence, at rates authorized 
for employees under subchapter I of chapter 57 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00414
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
415 
of title 5, United States Code, while away from 
their homes or regular places of business in the 
performance of services for the Task Force. 
(B) STAFF.—Staff of the Task Force shall 
comprise detailees with relevant expertise from 
the Department of Transportation and the Na-
tional Telecommunications and Information Ad-
ministration, or another Federal agency the co- 
chairpersons consider appropriate, with the con-
sent of the head of the Federal agency, and such 
detailee shall retain the rights, status, and privi-
leges of his or her regular employment without 
interruption. 
(C) 
ADMINISTRATIVE
ASSISTANCE.—The 
Secretary and NTIA Administrator shall provide 
to the Task Force on a reimbursable basis ad-
ministrative support and other services for the 
performance of the functions of the Task Force. 
(7) TERMINATION.—The Task Force shall termi-
nate not later than 90 days after issuance of the final 
report required under paragraph (3)(B). 
SEC. 1604. BALANCE EXCHANGES FOR INFRASTRUCTURE 
PROGRAM. 
(a) IN GENERAL.—Chapter 1 of title 23, United States 
Code, is further amended by adding at the end the following: 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00415
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS
478 
for urbanized areas under section 5307 and 
rural areas under section 5311, of which— 
‘‘(i) $309,688,908 for each of fiscal 
years 2022 through 2025 shall be for grow-
ing States under section 5340(c); and 
‘‘(ii) $277,444,997 for each of fiscal 
years 2022 through 2025 shall be for high 
density States under section 5340(d). 
‘‘(b) CAPITAL INVESTMENT GRANTS.—There are au-
thorized to be appropriated to carry out section 5309 
$3,500,000,000 for fiscal year 2022, $4,250,000,000 for fis-
cal year 2023, $5,000,000,000 for fiscal year 2024, and 
5,500,000,000 for fiscal year 2025. 
‘‘(c) ADMINISTRATION.— 
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated to carry out section 5334, $142,060,785 
for fiscal year 2022, $144,191,696 for fiscal year 
2023, $146,412,248 for fiscal year 2024, and 
148,652,356 for fiscal year 2025. 
‘‘(2) SECTION 5329.—Of the amounts authorized 
to be appropriated under paragraph (1), not less than 
$6,000,000 for each of fiscal years 2022 through 2025 
shall be available to carry out section 5329. 
‘‘(3) SECTION 5326.—Of the amounts made avail-
able under paragraph (2), not less than $2,500,000 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
Jkt 099200
PO 00000
Frm 00478
Fmt 6652
Sfmt 6203
E:\BILLS\H2.RH
H2
pbinns on DSKJLVW7X2PROD with BILLS