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lated sources of greenhouse gas emis-
sions per capita; 
‘‘(II) identify investments and 
strategies to manage transportation 
demand and increase the rates of pub-
lic transportation ridership, walking, 
bicycling, and carpools; and 
‘‘(III) recommend zoning and 
other land use policies that would sup-
port infill, transit-oriented develop-
ment, and mixed use development. 
‘‘(iii) VULNERABILITY ASSESSMENT.— 
A long-range transportation plan shall in-
corporate a vulnerability assessment that— 
‘‘(I) includes a risk-based assess-
ment of vulnerabilities of critical 
transportation assets and systems to 
covered events (as such term is de-
fined in section 124); 
‘‘(II) considers, as applicable, the 
risk management analysis in the 
State’s asset management plan devel-
oped pursuant to section 119, and the 
State’s evaluation of reasonable alter-
natives to repeatedly damaged facili-
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ties conducted under part 667 of title 
23, Code of Federal Regulations; 
‘‘(III) at the discretion of the 
metropolitan planning organization, 
identifies evacuation routes, assesses 
the ability of any such routes to pro-
vide safe passage for evacuation, ac-
cess to health care and public health 
facilities, and emergency response 
during an emergency event, and iden-
tifies any improvements or redundant 
facilities necessary to adequately fa-
cilitate safe passage; 
‘‘(IV) describes the metropolitan 
planning 
organization’s 
adaptation 
and resilience improvement strategies 
that will inform the transportation in-
vestment decisions of the metropolitan 
planning organization; and 
‘‘(V) is consistent with and com-
plementary of the State, Tribal, and 
local mitigation plans required under 
section 322 of the Robert T. Stafford 
Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5165). 
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‘‘(iv) CONSULTATION.—The assess-
ment described in this subparagraph shall 
be developed in consultation with, as ap-
propriate, State, local, and Tribal officials 
responsible for land use, housing, resil-
ience, hazard mitigation, and emergency 
management.’’. 
(B) 
RESILIENCE
PROJECTS.—Section 
134(j)(3) of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(E) RESILIENCE
PROJECTS.—The TIP 
shall— 
‘‘(i) identify any projects that address 
the vulnerabilities identified by the assess-
ment in subsection (i)(2)(I)(iii); and 
‘‘(ii) describe how each project identi-
fied under clause (i) would improve the re-
silience of the transportation system.’’. 
(2) AMENDMENTS TO TITLE 49.— 
(A) CLIMATE CHANGE AND RESILIENCE.— 
Section 5303(i)(2) of title 49, United States 
Code, is amended by adding at the end the fol-
lowing: 
‘‘(I) CLIMATE CHANGE AND RESILIENCE.— 
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‘‘(i) IN
GENERAL.—The transpor-
tation planning process shall assess strate-
gies to reduce the climate change impacts 
of the surface transportation system and 
conduct a vulnerability assessment to iden-
tify opportunities to enhance the resilience 
of the surface transportation system and 
ensure the efficient use of Federal re-
sources. 
‘‘(ii) CLIMATE
CHANGE
MITIGATION 
AND
IMPACTS.—A long-range transpor-
tation plan shall— 
‘‘(I) identify investments and 
strategies to reduce transportation-re-
lated sources of greenhouse gas emis-
sions per capita; 
‘‘(II) identify investments and 
strategies to manage transportation 
demand and increase the rates of pub-
lic transportation ridership, walking, 
bicycling, and carpools; and 
‘‘(III) recommend zoning and 
other land use policies that would sup-
port infill, transit-oriented develop-
ment, and mixed use development. 
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‘‘(iii) VULNERABILITY ASSESSMENT.— 
A long-range transportation plan shall in-
corporate a vulnerability assessment that— 
‘‘(I) includes a risk-based assess-
ment of vulnerabilities of critical 
transportation assets and systems to 
covered events (as such term is de-
fined in section 124 of title 23); 
‘‘(II) considers, as applicable, the 
risk management analysis in the 
State’s asset management plan devel-
oped pursuant to section 119 of title 
23, and the State’s evaluation of rea-
sonable 
alternatives 
to 
repeatedly 
damaged facilities conducted under 
part 667 of title 23, Code of Federal 
Regulations; 
‘‘(III) at the discretion of the 
metropolitan planning organization, 
identifies evacuation routes, assesses 
the ability of any such routes to pro-
vide safe passage for evacuation, ac-
cess to health care and public health 
facilities, and emergency response 
during an emergency event, and iden-
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tifies any improvements or redundant 
facilities necessary to adequately fa-
cilitate safe passage; 
‘‘(IV) describes the metropolitan 
planning 
organization’s 
adaptation 
and resilience improvement strategies 
that will inform the transportation in-
vestment decisions of the metropolitan 
planning organization; and 
‘‘(V) is consistent with and com-
plementary of the State, Tribal, and 
local mitigation plans required under 
section 322 of the Robert T. Stafford 
Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5165). 
‘‘(iv) CONSULTATION.—The assess-
ment described in this subparagraph shall 
be developed in consultation, as appro-
priate, with State, local, and Tribal offi-
cials responsible for land use, housing, re-
silience, hazard mitigation, and emergency 
management.’’. 
(B) 
RESILIENCE
PROJECTS.—Section 
5303(j)(3) of title 49, United States Code, is 
amended by adding at the end the following: 
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‘‘(E) RESILIENCE
PROJECTS.—The TIP 
shall— 
‘‘(i) identify any projects that address 
the vulnerabilities identified by the assess-
ment in subsection (i)(2)(I)(iii); and 
‘‘(ii) describe how each project identi-
fied under clause (i) would improve the re-
silience of the transportation system.’’. 
(d) STATEWIDE
AND
NONMETROPOLITAN
PLAN-
NING.— 
(1) AMENDMENTS TO TITLE 23.— 
(A) CLIMATE CHANGE AND RESILIENCE.— 
Section 135(f) of title 23, United States Code, 
is amended by adding at the end the following: 
‘‘(10) CLIMATE CHANGE AND RESILIENCE.— 
‘‘(A) IN
GENERAL.—The transportation 
planning process shall assess strategies to re-
duce the climate change impacts of the surface 
transportation system and conduct a vulner-
ability assessment to identify opportunities to 
enhance the resilience of the surface transpor-
tation system and ensure the efficient use of 
Federal resources. 
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‘‘(B) CLIMATE CHANGE MITIGATION AND 
IMPACTS.—A long-range transportation plan 
shall— 
‘‘(i) identify investments and strate-
gies 
to 
reduce 
transportation-related 
sources of greenhouse gas emissions per 
capita; 
‘‘(ii) identify investments and strate-
gies to manage transportation demand and 
increase the rates of public transportation 
ridership, walking, bicycling, and carpools; 
and 
‘‘(iii) recommend zoning and other 
land use policies that would support infill, 
transit-oriented development, and mixed 
use development. 
‘‘(C) 
VULNERABILITY
ASSESSMENT.—A 
long-range transportation plan shall incorporate 
a vulnerability assessment that— 
‘‘(i) includes a risk-based assessment 
of vulnerabilities of critical transportation 
assets and systems to covered events (as 
such term is defined in section 124); 
‘‘(ii) considers, as applicable, the risk 
management analysis in the State’s asset 
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management plan developed pursuant to 
section 119, and the State’s evaluation of 
reasonable alternatives to repeatedly dam-
aged facilities conducted under part 667 of 
title 23, Code of Federal Regulations; 
‘‘(iii) identifies evacuation routes, as-
sesses the ability of any such routes to pro-
vide safe passage for evacuation, access to 
health care and public health facilities, and 
emergency response during an emergency 
event, and identifies any improvements or 
redundant facilities necessary to ade-
quately facilitate safe passage; 
‘‘(iv) describes the States’s adaptation 
and resilience improvement strategies that 
will inform the transportation investment 
decisions of the State; and 
‘‘(v) is consistent with and com-
plementary of the State, Tribal, and local 
mitigation plans required under section 
322 of the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 
U.S.C. 5165). 
‘‘(D) 
CONSULTATION.—The 
assessment 
described in this paragraph shall be developed 
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in consultation with, as appropriate, metropoli-
tan planning organizations and State, local, and 
Tribal officials responsible for land use, hous-
ing, resilience, hazard mitigation, and emer-
gency management.’’. 
(B) 
RESILIENCE
PROJECTS.—Section 
135(g)(5)(B) of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(iii) RESILIENCE
PROJECTS.—The 
STIP shall— 
‘‘(I) identify projects that ad-
dress the vulnerabilities identified by 
the 
assessment 
in 
subsection 
(i)(10)(B); and 
‘‘(II) describe how each project 
identified under subclause (I) would 
improve the resilience of the transpor-
tation system.’’. 
(2) AMENDMENTS TO TITLE 49.— 
(A) CLIMATE CHANGE AND RESILIENCE.— 
Section 5304(f) of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘(10) CLIMATE CHANGE AND RESILIENCE.— 
‘‘(A) IN
GENERAL.—The transportation 
planning process shall assess strategies to re-
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duce the climate change impacts of the surface 
transportation system and conduct a vulner-
ability assessment to identify opportunities to 
enhance the resilience of the surface transpor-
tation system and ensure the efficient use of 
Federal resources. 
‘‘(B) CLIMATE CHANGE MITIGATION AND 
IMPACTS.—A long-range transportation plan 
shall— 
‘‘(i) identify investments and strate-
gies 
to 
reduce 
transportation-related 
sources of greenhouse gas emissions per 
capita; 
‘‘(ii) identify investments and strate-
gies to manage transportation demand and 
increase the rates of public transportation 
ridership, walking, bicycling, and carpools; 
and 
‘‘(iii) recommend zoning and other 
land use policies that would support infill, 
transit-oriented development, and mixed 
use development. 
‘‘(C) 
VULNERABILITY
ASSESSMENT.—A 
long-range transportation plan shall incorporate 
a vulnerability assessment that— 
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‘‘(i) includes a risk-based assessment 
of vulnerabilities of critical transportation 
assets and systems to covered events (as 
such term is defined in section 124 of title 
23); 
‘‘(ii) considers, as applicable, the risk 
management analysis in the State’s asset 
management plan developed pursuant to 
section 119 of title 23, and the State’s 
evaluation of reasonable alternatives to re-
peatedly 
damaged 
facilities 
conducted 
under part 667 of title 23, Code of Federal 
Regulations; 
‘‘(iii) identifies evacuation routes, as-
sesses the ability of any such routes to pro-
vide safe passage for evacuation, access to 
health care and public health facilities, and 
emergency response during an emergency 
event, and identifies any improvements or 
redundant facilities necessary to ade-
quately facilitate safe passage; 
‘‘(iv) describes the State’s adaptation 
and resilience improvement strategies that 
will inform the transportation investment 
decisions of the State; and 
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‘‘(v) is consistent with and com-
plementary of the State, Tribal, and local 
mitigation plans required under section 
322 of the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 
U.S.C. 5165). 
‘‘(D) 
CONSULTATION.—The 
assessment 
described in this paragraph shall be developed 
in consultation with, as appropriate, metropoli-
tan planning organizations and State, local, and 
Tribal officials responsible for land use, hous-
ing, resilience, hazard mitigation, and emer-
gency management.’’. 
(B) 
RESILIENCE
PROJECTS.—Section 
5304(g)(5)(B) of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘(iii) RESILIENCE
PROJECTS.—The 
STIP shall— 
‘‘(I) identify projects that ad-
dress the vulnerabilities identified by 
the 
assessment 
in 
subsection 
(i)(10)(B); and 
‘‘(II) describe how each project 
identified under subclause (I) would 
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improve the resilience of the transpor-
tation system.’’. 
SEC. 1203. EMERGENCY RELIEF. 
(a) IN GENERAL.—Section 125 of title 23, United 
States Code, is amended— 
(1) in subsection (a)(1) by inserting ‘‘wildfire,’’ 
after ‘‘severe storm,’’; 
(2) by striking subsection (b); 
(3) in subsection (c)(2)(A) by striking ‘‘in any 
1 fiscal year commencing after September 30, 
1980,’’ and inserting ‘‘in any fiscal year’’; 
(4) in subsection (d)— 
(A) in paragraph (3)(C) by striking ‘‘(as 
defined in subsection (e)(1))’’; 
(B) by redesignating paragraph (3) as 
paragraph (4); and 
(C) by striking paragraphs (1) and (2) and 
inserting the following: 
‘‘(1) IN GENERAL.—The Secretary may expend 
funds from the emergency fund authorized by this 
section only for the repair or reconstruction of high-
ways on Federal-aid highways in accordance with 
this chapter. 
‘‘(2) RESTRICTIONS.— 
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‘‘(A) IN GENERAL.—No funds shall be ex-
pended from the emergency fund authorized by 
this section unless— 
‘‘(i) an emergency has been declared 
by the Governor of the State with concur-
rence by the Secretary, unless the Presi-
dent has declared the emergency to be a 
major disaster for the purposes of the Rob-
ert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et 
seq.) for which concurrence of the Sec-
retary is not required; and 
‘‘(ii) the Secretary has received an ap-
plication from the State transportation de-
partment that includes a comprehensive 
list of all eligible project sites and repair 
costs by not later than 2 years after the 
natural disaster or catastrophic failure. 
‘‘(B) COST LIMITATION.—The total cost of 
a project funded under this section may not ex-
ceed the cost of repair or reconstruction of a 
comparable facility unless the Secretary deter-
mines that the project incorporates economi-
cally justified betterments, including protective 
features to increase the resilience of the facility. 
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‘‘(C) 
REPEATEDLY
DAMAGED
FACILI-
TIES.—An application submitted under this sec-
tion for the permanent repair or reconstruction 
of a repeatedly damaged facility shall include 
consideration and, if feasible, incorporation of 
economically justifiable betterments, including 
protective features, to increase the resilience of 
such facility. 
‘‘(3) SPECIAL RULE FOR BRIDGE PROJECTS.— 
In no case shall funds be used under this section for 
the repair or reconstruction of a bridge— 
‘‘(A) that has been permanently closed to 
all vehicular traffic by the State or responsible 
local official because of imminent danger of col-
lapse due to a structural deficiency or physical 
deterioration; or 
‘‘(B) if a construction phase of a replace-
ment structure is included in the approved 
statewide transportation improvement program 
at the time of an event described in subsection 
(a).’’; 
(5) in subsection (e)— 
(A) by striking paragraph (1); 
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(B) in paragraph (2) by striking ‘‘sub-
section 
(d)(1)’’ 
and 
inserting 
‘‘subsection 
(c)(1)’’; and 
(C) by redesignating paragraphs (2) and 
(3), as amended, as paragraphs (1) and (2), re-
spectively; 
(6) by redesignating subsections (c) through 
(g), as amended, as subsections (b) through (f), re-
spectively; and 
(7) by adding at the end the following: 
‘‘(g) IMPOSITION OF DEADLINE.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary may not require any 
project funded under this section to advance to the 
construction obligation stage before the date that is 
the last day of the sixth fiscal year after the later 
of— 
‘‘(A) the date on which the Governor de-
clared the emergency, as described in subsection 
(c)(2)(A)(i); or 
‘‘(B) the date on which the President de-
clared the emergency to be a major disaster, as 
described in such subsection. 
‘‘(2) EXTENSION OF DEADLINE.—If the Sec-
retary imposes a deadline for advancement to the 
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construction obligation stage pursuant to paragraph 
(1), the Secretary may, upon the request of the Gov-
ernor of the State, issue an extension of not more 
than 1 year to complete such advancement, and may 
issue additional extensions after the expiration of 
any extension, if the Secretary determines the Gov-
ernor of the State has provided suitable justification 
to warrant such an extension. 
‘‘(h) HAZARD MITIGATION PILOT PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a hazard mitigation pilot program for the pur-
pose of mitigating future hazards posed to Federal- 
aid highways, Federal lands transportation facilities, 
and Tribal transportation facilities. 
‘‘(2) ALLOCATION OF FUNDS.— 
‘‘(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
such sums as may be necessary for the pilot 
program established under this subsection. 
‘‘(B) CALCULATION.—Annually, the Sec-
retary shall calculate the total amount of out-
standing eligible repair costs under the emer-
gency relief program under this section, includ-
ing the emergency relief backlog, for each 
State, territory, and Indian Tribe. 
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the resilience to, future damage to existing as-
sets as a result of natural disasters; and 
‘‘(B) are eligible under section 124. 
‘‘(4) REPORT.—For each fiscal year in which 
funding is made available for the program under this 
subsection, the Secretary shall submit to the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on En-
vironment and Public Works of the Senate a report 
detailing— 
‘‘(A) a description of the activities carried 
out under the pilot program; 
‘‘(B) an evaluation of the effectiveness of 
the pilot program in meeting purposes described 
in paragraph (1); and 
‘‘(C) policy recommendations to improve 
the effectiveness of the pilot program. 
‘‘(5) SUNSET.—The authority provided under 
this subsection shall terminate on October 1, 2025. 
‘‘(i) IMPROVING
THE EMERGENCY RELIEF PRO-
GRAM.—Not later than 1 year after the date of enactment 
of the INVEST in America Act, the Secretary shall— 
‘‘(1) revise the emergency relief manual of the 
Federal Highway Administration— 
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‘‘(A) to include and reflect the definition of 
the term ‘resilience’ (as defined in section 
101(a)); 
‘‘(B) to identify procedures that States 
may use to incorporate resilience into emer-
gency relief projects; and 
‘‘(C) to consider economically justified bet-
terments in emergency relief projects, such as— 
‘‘(i) protective features that increase 
the resilience of the facility; and 
‘‘(ii) incorporation of context sensitive 
design principles and other planned better-
ments that improve the safety of the facil-
ity; 
‘‘(2) consider transportation system access for 
moderate and low-income families impacted by a 
major disaster or emergency declared by the Presi-
dent under section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5170); 
‘‘(3) develop best practices for improving the 
use of resilience in— 
‘‘(A) the emergency relief program under 
this section; and 
‘‘(B) emergency relief efforts; 
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‘‘(4) provide to division offices of the Federal 
Highway Administration and State departments of 
transportation information on the best practices de-
veloped under paragraph (2); and 
‘‘(5) develop and implement a process to 
track— 
‘‘(A) the consideration of resilience as part 
of the emergency relief program under this sec-
tion; and 
‘‘(B) the costs of emergency relief projects. 
‘‘(j) DEFINITIONS.—In this section: 
‘‘(1) COMPARABLE FACILITY.—The term ‘com-
parable facility’ means a facility that meets the cur-
rent geometric and construction standards required 
for the types and volume of traffic that the facility 
will carry over its design life. 
‘‘(2) CONSTRUCTION PHASE.—The term ‘con-
struction phase’ means the phase of physical con-
struction of a highway or bridge facility that is sepa-
rate from any other identified phases, such as plan-
ning, design, or right-of-way phases, in the State 
transportation improvement program. 
‘‘(3) OPEN
TO
PUBLIC
TRAVEL.—The term 
‘open to public travel’ means with respect to a road, 
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that, except during scheduled periods, extreme 
weather conditions, or emergencies, the road— 
‘‘(A) is maintained; 
‘‘(B) is open to the general public; and 
‘‘(C) can accommodate travel by a stand-
ard passenger vehicle, without restrictive gates 
or prohibitive signs or regulations, other than 
for general traffic control or restrictions based 
on size, weight, or class of registration. 
‘‘(4) STANDARD
PASSENGER
VEHICLE.—The 
term ‘standard passenger vehicle’ means a vehicle 
with 6 inches of clearance from the lowest point of 
the frame, body, suspension, or differential to the 
ground.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) FEDERAL LANDS AND TRIBAL TRANSPOR-
TATION
PROGRAMS.—Section 201(c)(8)(A) of title 
23, United States Code, is amended by striking 
‘‘section 125(e)’’ and inserting ‘‘section 125(j)’’. 
(2) TRIBAL TRANSPORTATION PROGRAM.—Sec-
tion 202(b)(6)(A) of title 23, United States Code, is 
amended by striking ‘‘section 125(e)’’ and inserting 
‘‘section 125(d)’’. 
(c) REPEAL.—Section 668.105(h) of title 23, Code 
of Federal Regulations, is repealed. 
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SEC. 1204. RAILWAY CROSSINGS. 
(a) IN GENERAL.—Section 130 of title 23, United 
States Code, is amended— 
(1) in the section heading by striking ‘‘Rail-
way-highway crossings’’ and inserting ‘‘Rail-
way crossings’’; 
(2) in subsection (a)— 
(A) by striking ‘‘Subject to section 120 
and subsection (b) of this section, the entire’’ 
and inserting ‘‘IN GENERAL.—The’’; 
(B) by striking ‘‘then the entire’’ and in-
serting ‘‘the’’; and 
(C) by striking ‘‘, subject to section 120 
and subsection (b) of this section,’’; 
(3) by amending subsection (b) to read as fol-
lows: 
‘‘(b) CLASSIFICATION.— 
‘‘(1) 
IN
GENERAL.—The 
construction 
of 
projects for the elimination of hazards at railway 
crossings represents a benefit to the railroad. The 
Secretary shall classify the various types of projects 
involved in the elimination of hazards of railway- 
highway crossings, and shall set for each such classi-
fication a percentage of the total project cost that 
represent the benefit to the railroad or railroads for 
the purpose of determining the railroad’s share of 
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the total project cost. The Secretary shall determine 
the appropriate classification of each project. 
‘‘(2) NONCASH CONTRIBUTIONS.— 
‘‘(A) IN GENERAL.—Not more than 5 per-
cent of the cost share described in paragraph 
(1) may be attributable to noncash contribu-
tions of materials and labor furnished by the 
railroad in connection with the construction of 
such project. 
‘‘(B) REQUIREMENT.—The requirements 
under section 200.306 and 200.403(g) of title 
2, Code of Federal Regulations (or successor 
regulations), shall apply to any noncash con-
tributions under this subsection. 
‘‘(3) TOTAL PROJECT COST.—For the purposes 
of this subsection, the determination of the rail-
road’s share of the total project cost shall include 
environment, design, right-of-way, utility accommo-
dation, and construction phases of the project.’’; 
(4) in subsection (c)— 
(A) by striking ‘‘Any railroad involved’’ 
and inserting ‘‘BENEFIT.—Any railroad in-
volved’’; 
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(B) by striking ‘‘the net benefit’’ and in-
serting ‘‘the cost associated with the benefit’’; 
and 
(C) by striking ‘‘Such payment may con-
sist in whole or in part of materials and labor 
furnished by the railroad in connection with the 
construction of such project.’’; 
(5) by striking subsection (e) and inserting the 
following: 
‘‘(e) RAILWAY CROSSINGS.— 
‘‘(1) ELIGIBLE
ACTIVITIES.—Funds appor-
tioned to a State under section 104(b)(7) may be ob-
ligated for the following: 
‘‘(A) The elimination of hazards at rail-
way-highway crossings, including technology or 
protective upgrades. 
‘‘(B) Construction or installation of protec-
tive devices (including replacement of function-
ally obsolete protective devices) at railway-high-
way crossings. 
‘‘(C) Infrastructure and noninfrastructure 
projects and strategies to prevent or reduce sui-
cide or trespasser fatalities and injuries along 
railroad rights-of-way and at or near railway- 
highway crossings. 
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‘‘(D) Projects to mitigate any degradation 
in the level of access from a highway-grade 
crossing closure. 
‘‘(E) Bicycle and pedestrian railway grade 
crossing improvements, including underpasses 
and overpasses. 
‘‘(F) 
Projects 
eligible 
under 
section 
22907(c)(5) of title 49, provided that amounts 
obligated under this subparagraph— 
‘‘(i) shall be administered by the Sec-
retary in accordance with such section as 
if such amounts were made available to 
carry out such section; and 
‘‘(ii) may be used to pay up to 90 per-
cent of the non-Federal share of the cost 
of a project carried out under such section. 
‘‘(2) SPECIAL RULE.—If a State demonstrates 
to the satisfaction of the Secretary that the State 
has met all its needs for installation of protective de-
vices at railway-highway crossings, the State may 
use funds made available by this section for other 
highway safety improvement program purposes.’’; 
(6) by striking subsection (f) and inserting the 
following: 
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‘‘(f) FEDERAL
SHARE.—Notwithstanding section 
120, the Federal share payable on account of any project 
financed with funds made available to carry out subsection 
(e) shall be up to 90 percent of the cost thereof.’’; 
(7) by striking subsection (g) and inserting the 
following: 
‘‘(g) REPORT.— 
‘‘(1) STATE REPORT.— 
‘‘(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of the INVEST in 
America Act, and at least biennially thereafter, 
each State shall submit to the Secretary a re-
port on the progress being made to implement 
the railway crossings program authorized by 
this section and the effectiveness of projects to 
improve railway crossing safety. 
‘‘(B) 
CONTENTS.—Each 
State 
report 
under subparagraph (A) shall contain an as-
sessment of the costs of the various treatments 
employed and subsequent accident experience at 
improved locations. 
‘‘(2) DEPARTMENTAL REPORT.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the deadline for the submission of a 
report under paragraph (1)(A), the Secretary 
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shall publish on the website of the Department 
of Transportation a report on the progress 
being made by the State in implementing 
projects to improve railway crossings. 
‘‘(B) CONTENTS.—The report under sub-
paragraph (A) shall include— 
‘‘(i) the number of projects under-
taken; 
‘‘(ii) distribution of such projects by 
cost range, road system, nature of treat-
ment, and subsequent accident experience 
at improved locations; 
‘‘(iii) an analysis and evaluation of 
each State program; 
‘‘(iv) the identification of any State 
found not to be in compliance with the 
schedule of improvements required by sub-
section (d); and 
‘‘(v) recommendations for future im-
plementation of the railway crossings pro-
gram.’’; 
(8) in subsection (j)— 
(A) in the heading by inserting ‘‘AND PE-
DESTRIAN’’ after ‘‘BICYCLE’’; and 
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(B) by inserting ‘‘and pedestrian’’ after 
‘‘bicycle’’; and 
(9) in subsection (l)— 
(A) in paragraph (1) by striking ‘‘Not 
later than’’ and all that follows through ‘‘each 
State’’ and inserting ‘‘Not later than 6 months 
after a new railway crossing becomes oper-
ational, each State’’; and 
(B) in paragraph (2) by striking ‘‘On a 
periodic’’ and all that follows through ‘‘every 
year thereafter’’ and inserting ‘‘On or before 
September 30 of each year’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by 
amending the item relating to section 130 to read as fol-
lows: 
‘‘130. Railway crossings.’’. 
(c) GAO STUDY.—Not later than 2 years after the 
date of enactment of this Act, the Comptroller General 
of the United States shall submit to Congress a report 
that includes an analysis of the effectiveness of the railway 
crossing program under section 130 of title 23, United 
States Code. 
(d) SENSE OF CONGRESS RELATING TO TRESPASSER 
DEATHS ALONG RAILROAD RIGHTS-OF-WAY.—It is the 
sense of Congress that the Department of Transportation 
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should, where feasible, coordinate departmental efforts to 
prevent or reduce trespasser deaths along railroad rights- 
of-way and at or near railway-highway crossings. 
SEC. 1205. SURFACE TRANSPORTATION PROGRAM. 
(a) IN GENERAL.—Section 133 of title 23, United 
States Code, is amended— 
(1) in the heading by striking ‘‘block grant’’; 
(2) in subsection (a) by striking ‘‘block grant’’; 
(3) in subsection (b)— 
(A) by striking ‘‘block grant’’; 
(B) in paragraph (1)(B) by inserting ‘‘, ex-
cept that for the purposes of this section hover-
craft and terminal facilities for hovercraft en-
gaging in water transit for passengers or vehi-
cles shall be considered ferry boats and ferry 
terminal facilities eligible under section 129(c)’’ 
after ‘‘section 129(c)’’; 
(C) in paragraph (4) by striking ‘‘railway- 
highway 
grade 
crossings’’ 
and 
inserting 
‘‘projects eligible under section 130 and instal-
lation of safety barriers and nets on bridges’’; 
(D) in paragraph (6)— 
(i) by striking ‘‘Recreational’’ and in-
serting 
‘‘Transportation 
alternatives 
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projects eligible under subsection (h), rec-
reational’’; and 
(ii) by striking ‘‘1404 of SAFETEA– 
LU (23 U.S.C. 402 note)’’ and inserting 
‘‘211’’; 
(E) in paragraph (12) by striking ‘‘travel’’ 
and inserting ‘‘transportation’’; and 
(F) by adding at the end the following: 
‘‘(16) Protective features (including natural in-
frastructure and vegetation control and clearance) to 
enhance the resilience of a transportation facility 
otherwise eligible for assistance under this section. 
‘‘(17) Projects to reduce greenhouse gas emis-
sions eligible under section 171, including the instal-
lation of electric vehicle charging infrastructure. 
‘‘(18) Projects and strategies to reduce vehicle- 
caused wildlife mortality related to, or to restore and 
maintain connectivity among terrestrial or aquatic 
habitats affected by, a transportation facility other-
wise eligible for assistance under this section. 
‘‘(19) A surface transportation project carried 
out in accordance with the national travel and tour-
ism infrastructure strategic plan under section 
1431(e) of the FAST Act (49 U.S.C. 301 note). 
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‘‘(20) roads in rural areas that primarily serve 
to transport agricultural products from a farm or 
ranch to a marketplace. 
‘‘(21) The removal, retrofit, repurposing, reme-
diation, or replacement of a highway or other trans-
portation facility that creates a barrier to commu-
nity connectivity to improve access for multiple 
modes of transportation.’’; 
(4) in subsection (c)— 
(A) by striking ‘‘block grant’’ and inserting 
‘‘program’’; 
(B) by striking paragraph (3) and insert-
ing the following: 
‘‘(3) for a project described in— 
‘‘(A) subsection (h); or 
‘‘(B) section 101(a)(29), as in effect on 
the day before the date of enactment of the 
FAST Act;’’; 
(C) by redesignating paragraph (4) as 
paragraph (5); and 
(D) by inserting after paragraph (3) the 
following: 
‘‘(4) for a project described in section 5308 of 
title 49; and’’; 
(5) in subsection (d)— 
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(A) in paragraph (1)— 
(i) by inserting ‘‘each fiscal year’’ 
after ‘‘apportioned to a State’’; 
(ii) by striking ‘‘the reservation of’’ 
and inserting ‘‘setting aside’’; and 
(iii) in subparagraph (A)— 
(I) by striking ‘‘the percentage 
specified in paragraph (6) for a fiscal 
year’’ and inserting ‘‘57 percent for 
fiscal year 2023, 58 percent for fiscal 
year 2024, 59 percent for fiscal year 
2025, and 60 percent for fiscal year 
2026’’; 
(II) in clause (i) by striking ‘‘of 
over’’ and inserting ‘‘greater than’’; 
and 
(III) by striking clauses (ii) and 
(iii) and inserting the following: 
‘‘(ii) in urbanized areas of the State 
with an urbanized area population greater 
than 49,999 and less than 200,001; 
‘‘(iii) in urban areas of the State with 
a population greater than 4,999 and less 
than 50,000; and 
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‘‘(iv) in other areas of the State with 
a population less than 5,000; and’’; 
(B) by striking paragraph (3) and insert-
ing the following: 
‘‘(3) LOCAL
COORDINATION
AND
CONSULTA-
TION.— 
‘‘(A) COORDINATION WITH METROPOLITAN 
PLANNING
ORGANIZATIONS.—For purposes of 
paragraph (1)(A)(ii), a State shall— 
‘‘(i) establish a process to coordinate 
with all metropolitan planning organiza-
tions in the State that represent an urban-
ized area described in such paragraph; and 
‘‘(ii) describe how funds described 
under paragraph (1)(A)(ii) will be allo-
cated equitably among such urbanized 
areas during the period of fiscal years 
2023 through 2026. 
‘‘(B) JOINT RESPONSIBILITY.—Each State 
and the Secretary shall jointly ensure compli-
ance with subparagraph (A). 
‘‘(C) 
CONSULTATION
WITH
REGIONAL 
TRANSPORTATION
PLANNING
ORGANIZA-
TIONS.—For purposes of clauses (iii) and (iv) 
of paragraph (1)(A), before obligating funding 
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attributed to an area with a population less 
than 50,000, a State shall consult with the re-
gional transportation planning organizations 
that represent the area, if any.’’; 
(C) in the heading for paragraph (4) by 
striking ‘‘OVER 200,000’’ and inserting ‘‘GREAT-
ER THAN 200,000’’; 
(D) by striking paragraph (6) and insert-
ing the following: 
‘‘(6) TECHNICAL ASSISTANCE.— 
‘‘(A) IN
GENERAL.—The State and all 
metropolitan planning organizations in the 
State that represent an urbanized area with a 
population of greater than 200,000 may jointly 
establish a program to improve the ability of 
applicants to deliver projects under this sub-
section in an efficient and expeditious manner 
and reduce the period of time between the selec-
tion of the project and the obligation of funds 
for the project by providing— 
‘‘(i) technical assistance and training 
to applicants for projects under this sub-
section; and 
‘‘(ii) funding for one or more full-time 
State, regional, or local government em-
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ployee positions to administer this sub-
section. 
‘‘(B) ELIGIBLE FUNDS.—To carry out this 
paragraph, a State or metropolitan planning or-
ganization may use funds made available under 
paragraphs (2) or (6) of section 104(b). 
‘‘(C) USE
OF
FUNDS.—Amounts used 
under this paragraph may be expended— 
‘‘(i) directly by the State or metropoli-
tan planning organization; or 
‘‘(ii) through contracts with State 
agencies, private entities, or nonprofit or-
ganizations.’’; 
(6) in subsection (e)— 
(A) in paragraph (1)— 
(i) by striking ‘‘over 200,000’’ and in-
serting ‘‘greater than 200,000’’; and 
(ii) by striking ‘‘2016 through 2020’’ 
and inserting ‘‘2023 through 2026’’; and 
(B) by adding at the end the following: 
‘‘(3) ANNUAL AMOUNTS.—To the extent prac-
ticable, each State shall annually notify each af-
fected metropolitan planning organization as to the 
amount of obligation authority that will be made 
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available under paragraph (1) to each affected met-
ropolitan planning organization for the fiscal year.’’; 
(7) by striking subsection (f) and inserting the 
following: 
‘‘(f) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.— 
‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In 
this subsection, the term ‘off-system bridge’ means 
a bridge located on a public road, other than a 
bridge on a Federal-aid highway. 
‘‘(2) SPECIAL RULE.— 
‘‘(A) SET ASIDE.—Of the amounts appor-
tioned to a State for each fiscal year under this 
section other than the amounts described in 
subparagraph (C), the State shall obligate for 
activities described in subsection (b)(2) (as in 
effect on the day before the date of enactment 
of the FAST Act) for off-system bridges an 
amount that is not less than 20 percent of the 
amounts available to such State under this sec-
tion in fiscal year 2020, not including the 
amounts described in subparagraph (C). 
‘‘(B) REDUCTION
OF
EXPENDITURES.— 
The Secretary, after consultation with State 
and local officials, may reduce the requirement 
for expenditures for off-system bridges under 
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subparagraph (A) with respect to the State if 
the Secretary determines that the State has in-
adequate needs to justify the expenditure. 
‘‘(C) 
LIMITATIONS.—The 
following 
amounts shall not be used for the purposes of 
meeting the requirements of subparagraph (A): 
‘‘(i) Amounts described in section 
133(d)(1)(A). 
‘‘(ii) Amounts set aside under section 
133(h). 
‘‘(iii) Amounts described in section 
505(a). 
‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL- 
AID HIGHWAYS.—Notwithstanding any other provi-
sion of law, with respect to any project not on a 
Federal-aid highway for the replacement of a bridge 
or rehabilitation of a bridge that is wholly funded 
from State and local sources, is eligible for Federal 
funds under this section, is certified by the State to 
have been carried out in accordance with all stand-
ards applicable to such projects under this section, 
and is determined by the Secretary upon completion 
to be no longer a deficient bridge— 
‘‘(A) any amount expended after the date 
of enactment of this subsection from State and 
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local sources for the project in excess of 20 per-
cent of the cost of construction of the project 
may be credited to the non-Federal share of the 
cost of other bridge projects in the State that 
are eligible for Federal funds under this sec-
tion; and 
‘‘(B) that crediting shall be conducted in 
accordance with procedures established by the 
Secretary.’’; and 
(8) in subsection (g)— 
(A) in the heading by striking ‘‘5,000’’ and 
inserting ‘‘50,000’’; and 
(B) in paragraph (1) by striking ‘‘sub-
section (d)(1)(A)(ii)’’ and all that follows 
through the period at the end and inserting 
‘‘clauses (iii) and (iv) of subsection (d)(1)(A) 
for each fiscal year may be obligated on roads 
functionally classified as rural minor collectors 
or local roads or on critical rural freight cor-
ridors designated under section 167(e).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by strik-
ing the item relating to section 133 and inserting the fol-
lowing: 
‘‘133. Surface transportation program.’’. 
(c) CONFORMING AMENDMENTS.— 
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(1) ADVANCE
ACQUISITION
OF
REAL
PROP-
ERTY.—Section 108(c) of title 23, United States 
Code, is amended— 
(A) in paragraph (2)(A) by striking ‘‘block 
grant’’; and 
(B) in paragraph (3) by striking ‘‘block 
grant’’. 
(2) 
PUBLIC
TRANSPORTATION.—Section 
142(e)(2) of title 23, United States Code, is amend-
ed by striking ‘‘block grant’’. 
(3) HIGHWAY USE TAX EVASION PROJECTS.— 
Section 143(b)(8) of title 23, United States Code, is 
amended in the heading by striking ‘‘BLOCK 
GRANT’’. 
(4) CONGESTION MITIGATION AND AIR QUALITY 
IMPROVEMENT
PROGRAM.—Section 149(d) of title 
23, United States Code, is amended— 
(A) in paragraph (1)(B) by striking ‘‘block 
grant’’; and 
(B) in paragraph (2)(A) by striking ‘‘block 
grant’’. 
(5) TERRITORIAL AND PUERTO RICO HIGHWAY 
PROGRAM.—Section 165 of title 23, United States 
Code, is amended— 
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(A) in subsection (b)(2)(A)(ii) by striking 
‘‘block grant’’ each time such term appears; 
and 
(B) in subsection (c)(6)(A)(i) by striking 
‘‘block grant’’. 
(6) MAGNETIC
LEVITATION
TRANSPORTATION 
TECHNOLOGY
DEPLOYMENT
PROGRAM.—Section 
322(h)(3) of title 23, United States Code, is amend-
ed by striking ‘‘block grant’’. 
(7) 
TRAINING
AND
EDUCATION.—Section 
504(a)(4) of title 23, United States Code, is amend-
ed by striking ‘‘block grant’’. 
SEC. 1206. TRANSPORTATION ALTERNATIVES PROGRAM. 
Section 133(h) of title 23, United States Code, is 
amended to read as follows: 
‘‘(h) TRANSPORTATION
ALTERNATIVES
PROGRAM 
SET-ASIDE.— 
‘‘(1) SET ASIDE.—For each fiscal year, of the 
total funds apportioned to all States under section 
104(b)(2) for a fiscal year, the Secretary shall set 
aside an amount such that— 
‘‘(A) the Secretary sets aside a total 
amount under this subsection for a fiscal year 
equal to 10 percent of such total funds; and 
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‘‘(B) the State’s share of the amount set 
aside under subparagraph (A) is determined by 
multiplying the amount set aside under sub-
paragraph (A) by the ratio that— 
‘‘(i) the amount apportioned to the 
State for the transportation enhancement 
program for fiscal year 2009 under section 
133(d)(2), as in effect on the day before 
the date of enactment of MAP–21; bears 
to 
‘‘(ii) the total amount of funds appor-
tioned to all States for the transportation 
enhancements program for fiscal year 
2009. 
‘‘(2) ALLOCATION WITHIN A STATE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), funds set aside for a State 
under paragraph (1) shall be obligated within 
that State in the manner described in sub-
sections (d) and (e), except that, for purposes 
of this paragraph (after funds are made avail-
able under paragraph (5))— 
‘‘(i) for each fiscal year, the percent-
age referred to in paragraph (1)(A) of sub-
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section (d) shall be deemed to be 66 per-
cent; and 
‘‘(ii) paragraph (3) of subsection (d) 
shall not apply. 
‘‘(B) LOCAL CONTROL.— 
‘‘(i) IN GENERAL.—A State may make 
available up to 100 percent of the funds 
set aside under paragraph (1) to the enti-
ties described in subclause (I) if the State 
submits to the Secretary, and the Sec-
retary approves, a plan that describes— 
‘‘(I) how such funds shall be 
made available to metropolitan plan-
ning organizations, regional transpor-
tation planning organizations, coun-
ties, or other regional transportation 
authorities; 
‘‘(II) how the entities described 
in subclause (I) shall select projects 
for funding and how such entities 
shall report selected projects to the 
State; 
‘‘(III) the legal, financial, and 
technical capacity of such entities; and 
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‘‘(IV) the procedures in place to 
ensure such entities comply with the 
requirements of this title. 
‘‘(ii) REQUIREMENT.—A State that 
makes funding available under a plan ap-
proved under this subparagraph shall make 
available an equivalent amount of obliga-
tion authority to an entity described in 
clause (i)(I) to whom funds are made 
available under this subparagraph. 
‘‘(3) ELIGIBLE
PROJECTS.—Funds set aside 
under this subsection may be obligated for any of 
the following projects or activities: 
‘‘(A) Construction, planning, and design of 
on-road and off-road trail facilities for pedes-
trians, bicyclists, and other nonmotorized forms 
of transportation, including sidewalks, bicycle 
infrastructure, pedestrian and bicycle signals, 
traffic calming techniques, lighting and other 
safety-related infrastructure, and transportation 
projects to achieve compliance with the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.). 
‘‘(B) Construction, planning, and design of 
infrastructure-related projects and systems that 
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will provide safe routes for nondrivers, includ-
ing children, older adults, and individuals with 
disabilities to access daily needs. 
‘‘(C) Conversion and use of abandoned 
railroad corridors for trails for pedestrians, 
bicyclists, or other nonmotorized transportation 
users. 
‘‘(D) Construction of turnouts, overlooks, 
and viewing areas. 
‘‘(E) Community improvement activities, 
including— 
‘‘(i) inventory, control, or removal of 
outdoor advertising; 
‘‘(ii) historic preservation and reha-
bilitation of historic transportation facili-
ties; 
‘‘(iii) vegetation management prac-
tices in transportation rights-of-way to im-
prove roadway safety, prevent against 
invasive species, facilitate wildfire control, 
and provide erosion control; 
‘‘(iv) archaeological activities relating 
to impacts from implementation of a trans-
portation project eligible under this title; 
and 
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‘‘(v) the planting of trees, appropriate 
to the region, in street medians, islands, 
and along sidewalks in order to com-
plement traffic calming techniques. 
‘‘(F) Any environmental mitigation activ-
ity, including pollution prevention and pollution 
abatement activities and mitigation to address 
stormwater management, control, and water 
pollution prevention or abatement related to 
highway construction or due to highway runoff, 
including activities described in sections 328(a) 
and 329. 
‘‘(G) Projects and strategies to reduce ve-
hicle-caused wildlife mortality related to, or to 
restore and maintain connectivity among terres-
trial or aquatic habitats affected by, a transpor-
tation facility otherwise eligible for assistance 
under this subsection. 
‘‘(H) The recreational trails program 
under section 206. 
‘‘(I) The safe routes to school program 
under section 211. 
‘‘(J) Activities in furtherance of a vulner-
able road user assessment described in section 
148. 
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‘‘(K) Any other projects or activities de-
scribed in section 101(a)(29) or section 213, as 
such sections were in effect on the day before 
the date of enactment of the FAST Act (Public 
Law 114–94). 
‘‘(4) ACCESS TO FUNDS.— 
‘‘(A) IN GENERAL.—A State, metropolitan 
planning organization required to obligate funds 
in accordance with paragraph (2)(A), or an en-
tity required to obligate funds in accordance 
with paragraph (2)(B) shall develop a competi-
tive process to allow eligible entities to submit 
projects for funding that achieve the objectives 
of this subsection. A metropolitan planning or-
ganization for an area described in subsection 
(d)(1)(A)(i) shall select projects under such 
process in consultation with the relevant State. 
‘‘(B) PRIORITY.—The processes described 
in subparagraph (A) shall prioritize project lo-
cation and impact in low-income, transit-de-
pendent, or other high-need areas. 
‘‘(C) ELIGIBLE ENTITY DEFINED.—In this 
paragraph, the term ‘eligible entity’ means— 
‘‘(i) a local government, including a 
county or multi-county special district; 
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‘‘(ii) a regional transportation author-
ity; 
‘‘(iii) a transit agency; 
‘‘(iv) a natural resource or public land 
agency; 
‘‘(v) a school district, local education 
agency, or school; 
‘‘(vi) a tribal government; 
‘‘(vii) a metropolitan planning organi-
zation that serves an urbanized area with 
a population of 200,000 or fewer; 
‘‘(viii) a nonprofit organization car-
rying out activities related to transpor-
tation; 
‘‘(ix) any other local or regional gov-
ernmental entity with responsibility for or 
oversight of transportation or recreational 
trails (other than a metropolitan planning 
organization that serves an urbanized area 
with a population of over 200,000 or a 
State agency) that the State determines to 
be eligible, consistent with the goals of this 
subsection; and 
‘‘(x) a State, at the request of any en-
tity listed in clauses (i) through (ix). 
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‘‘(5) 
CONTINUATION
OF
CERTAIN
REC-
REATIONAL TRAILS PROJECTS.— 
‘‘(A) IN GENERAL.—For each fiscal year, a 
State shall— 
‘‘(i) obligate an amount of funds set 
aside under this subsection equal to 175 
percent of the amount of the funds appor-
tioned to the State for fiscal year 2009 
under section 104(h)(2), as in effect on the 
day before the date of enactment of MAP– 
21, for projects relating to recreational 
trails under section 206; 
‘‘(ii) return 1 percent of the funds de-
scribed in clause (i) to the Secretary for 
the administration of such program; and 
‘‘(iii) comply with the provisions of 
the administration of the recreational trails 
program under section 206, including the 
use of apportioned funds described in sub-
section (d)(3)(A) of such section. 
‘‘(B) STATE FLEXIBILITY.—A State may 
opt out of the recreational trails program under 
this paragraph if the Governor of the State no-
tifies the Secretary not later than 30 days prior 
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to the date on which an apportionment is made 
under section 104 for any fiscal year. 
‘‘(6) IMPROVING
ACCESSIBILITY
AND
EFFI-
CIENCY.— 
‘‘(A) IN GENERAL.—A State may use an 
amount equal to not more than 5 percent of the 
funds set aside for the State under this sub-
section, after allocating funds in accordance 
with paragraph (2)(A), to improve the ability of 
applicants to access funding for projects under 
this subsection in an efficient and expeditious 
manner by providing— 
‘‘(i) to applicants for projects under 
this subsection application assistance, tech-
nical assistance, and assistance in reducing 
the period of time between the selection of 
the project and the obligation of funds for 
the project; and 
‘‘(ii) funding for one or more full-time 
State employee positions to administer this 
subsection. 
‘‘(B) USE
OF
FUNDS.—Amounts used 
under subparagraph (A) may be expended— 
‘‘(i) directly by the State; or 
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‘‘(ii) through contracts with State 
agencies, private entities, or nonprofit enti-
ties. 
‘‘(C) IMPROVING PROJECT DELIVERY.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall take such action as may be necessary, 
consistent with Federal requirements, to 
facilitate efficient and timely delivery of 
projects under this subsection that are 
small, low impact, and constructed within 
an existing built environment. 
‘‘(ii) 
CONSIDERATIONS.—The 
Sec-
retary shall consider the use of pro-
grammatic agreements, expedited or alter-
native procurement processes (including 
project bundling), and other effective prac-
tices to facilitate the goals of this para-
graph. 
‘‘(7) FEDERAL SHARE.— 
‘‘(A) FLEXIBLE MATCH.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
section 120— 
‘‘(I) the non-Federal share for a 
project under this subsection may be 
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calculated on a project, multiple- 
project, or program basis; and 
‘‘(II) the Federal share of the 
cost of an individual project in this 
subsection may be up to 100 percent. 
‘‘(ii) 
AGGREGATE
NON-FEDERAL 
SHARE.—The average annual non-Federal 
share of the total cost of all projects for 
which funds are obligated under this sub-
section in a State for a fiscal year shall be 
not less than the non-Federal share au-
thorized for the State under section 120. 
‘‘(iii) REQUIREMENT.—This subpara-
graph shall only apply to a State if such 
State has adequate financial controls, as 
certified by the Secretary, to account for 
the average annual non-Federal share 
under this subparagraph. 
‘‘(B) 
SAFETY
PROJECTS.—Notwith-
standing section 120, funds made available to 
carry out section 148 may be credited toward 
the non-Federal share of the costs of a project 
under this subsection if the project— 
‘‘(i) is a project described in section 
148(e)(1); and 
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‘‘(ii) is consistent with the State stra-
tegic highway safety plan (as defined in 
section 148(a)). 
‘‘(8) FLEXIBILITY.— 
‘‘(A) STATE AUTHORITY.— 
‘‘(i) IN GENERAL.—A State may use 
not more than 50 percent of the funds set 
aside under this subsection that are avail-
able for obligation in any area of the State 
(suballocated consistent with the require-
ments of subsection (d)(1)(B)) for any 
purpose eligible under subsection (b). 
‘‘(ii) RESTRICTION.—Funds may be 
used as described in clause (i) only if the 
State demonstrates to the Secretary— 
‘‘(I) that the State held a com-
petition in compliance with the re-
quirements of this subsection in such 
form as the Secretary determines ap-
propriate; 
‘‘(II) that the State offered tech-
nical assistance to all eligible entities 
and provided such assistance upon re-
quest by an eligible entity; and 
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‘‘(III) that there were not suffi-
cient suitable applications from eligi-
ble entities to use the funds described 
in clause (i). 
‘‘(B) MPO AUTHORITY.— 
‘‘(i) IN
GENERAL.—A metropolitan 
planning organization that represents an 
urbanized area with a population of great-
er than 200,000 may use not more than 
50 percent of the funds set aside under 
this subsection for an urbanized area de-
scribed in subsection (d)(1)(A)(i) for any 
purpose eligible under subsection (b). 
‘‘(ii) RESTRICTION.—Funds may be 
used as described in clause (i) only if the 
Secretary certifies that the metropolitan 
planning organization— 
‘‘(I) held a competition in compli-
ance with the requirements of this 
subsection in such form as the Sec-
retary determines appropriate; and 
‘‘(II) demonstrates that there 
were not sufficient suitable applica-
tions from eligible entities to use the 
funds described in clause (i). 
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‘‘(9) ANNUAL REPORTS.— 
‘‘(A) IN GENERAL.—Each State or metro-
politan planning organization responsible for 
carrying out the requirements of this subsection 
shall submit to the Secretary an annual report 
that describes— 
‘‘(i) the number of project applica-
tions received for each fiscal year, includ-
ing— 
‘‘(I) the aggregate cost of the 
projects for which applications are re-
ceived; and 
‘‘(II) the types of projects by eli-
gibility category to be carried out, ex-
pressed as percentages of the total ap-
portionment of the State under this 
subsection; and 
‘‘(ii) the list of each project selected 
for funding for each fiscal year, including 
specifying the fiscal year for which the 
project was selected, the fiscal year in 
which the project is anticipated to be fund-
ed, the recipient, the funding sources (in-
cluding non-Federal match), the project 
status, the specific location, the congres-
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sional district, the type by eligibility cat-
egory, and a brief description. 
‘‘(B) PUBLIC
AVAILABILITY.—The Sec-
retary shall make available to the public, in a 
user-friendly format on the website of the De-
partment of Transportation, a copy of each an-
nual report submitted under subparagraph 
(A).’’. 
SEC. 1207. BRIDGE INVESTMENT. 
(a) IN GENERAL.—Section 144 of title 23, United 
States Code, is amended— 
(1) in the section heading by striking ‘‘Na-
tional bridge and tunnel inventory and 
inspection 
standards’’ 
and 
inserting 
‘‘Bridges and tunnels’’; 
(2) in subsection (a)(1)(B) by striking ‘‘defi-
cient’’; 
(3) in subsection (b)(5) by striking ‘‘struc-
turally deficient bridge’’ and inserting ‘‘bridge classi-
fied as in poor condition’’; 
(4) in subsection (d)— 
(A) in paragraph (2) by striking ‘‘Not 
later than 2 years after the date of enactment 
of the MAP–21, each’’ and inserting ‘‘Each’’; 
and 
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(B) by striking paragraph (4); 
(5) in subsection (j)— 
(A) in paragraph (2) by inserting ‘‘, 124,’’ 
after ‘‘section 119’’; 
(B) in paragraph (3)(A) by inserting ‘‘, 
124,’’ after ‘‘section 119’’; and 
(C) in paragraph (5) by striking ‘‘financial 
characteristics’’ and all that follows through the 
end and inserting ‘‘Federal share.’’; and 
(6) by adding at the end the following: 
‘‘(l) HIGHWAY BRIDGE REPLACEMENT AND REHA-
BILITATION.— 
‘‘(1) GOALS.—The goals of this subsection shall 
be to— 
‘‘(A) support the achievement of a state of 
good repair for the Nation’s bridges; 
‘‘(B) improve the safety, efficiency, and re-
liability of the movement of people and freight 
over bridges; 
‘‘(C) improve the condition of bridges in 
the United States by reducing— 
‘‘(i) the number of bridges— 
‘‘(I) in poor condition; or 
‘‘(II) in fair condition and at risk 
of falling into poor condition; 
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‘‘(ii) the total person miles traveled 
over bridges— 
‘‘(I) in poor condition; or 
‘‘(II) in fair condition and at risk 
of falling into poor condition; 
‘‘(iii) the number of bridges that— 
‘‘(I) do not meet current geo-
metric design standards; or 
‘‘(II) cannot meet the load and 
traffic requirements typical of the re-
gional transportation network; and 
‘‘(iv) the total person miles traveled 
over bridges that— 
‘‘(I) do not meet current geo-
metric design standards; or 
‘‘(II) cannot meet the load and 
traffic requirements typical of the re-
gional transportation network; and 
‘‘(D) increase the resilience of bridges, in-
cluding the ability to withstand disruptions 
from a seismic event. 
‘‘(2) BRIDGES ON PUBLIC ROADS.— 
‘‘(A) MINIMUM
BRIDGE
INVESTMENT.— 
Excluding the amounts described in subpara-
graph (C), of the total funds apportioned to a 
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State under paragraphs (1) and (2) of section 
104(b) for fiscal years 2023 to 2026, a State 
shall obligate not less than 20 percent for 
projects described in subparagraph (E). 
‘‘(B) PROGRAM FLEXIBILITY.—A State re-
quired to obligate funds under subparagraph 
(A) may use any combination of funds appor-
tioned to a State under paragraphs (1) and (2) 
of section 104(b). 
‘‘(C) 
LIMITATION.—Amounts 
described 
below may not be used for the purposes of cal-
culating or meeting the minimum bridge invest-
ment requirement under subparagraph (A)— 
‘‘(i) amounts described in section 
133(d)(1)(A); 
‘‘(ii) amounts set aside under section 
133(h); and 
‘‘(iii) amounts described in section 
505(a). 
‘‘(D) RULE OF CONSTRUCTION.—Nothing 
in this section shall be construed to prohibit the 
expenditure of funds described in subparagraph 
(C) for bridge projects eligible under such sec-
tion. 
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‘‘(E) ELIGIBLE
PROJECTS.—Funds re-
quired to be obligated in accordance with para-
graph (2)(A) may be obligated for projects or 
activities that— 
‘‘(i) are otherwise eligible under either 
section 119 or section 133, as applicable; 
‘‘(ii) support the achievement of per-
formance targets of the State established 
under section 150, are consistent with the 
transportation asset management plan of 
the State, or provide support for the condi-
tion and performance of bridges on public 
roads within the State; and 
‘‘(iii) remove, replace, reconstruct, re-
habilitate, preserve, or protect a bridge in-
cluded on the national bridge inventory au-
thorized 
by 
subsection 
(b), 
including 
through— 
‘‘(I) seismic retrofits; 
‘‘(II) systematic preventive main-
tenance; 
‘‘(III) installation of scour coun-
termeasures; 
‘‘(IV) the use of innovative mate-
rials that extend the service life of the 
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bridge and reduce preservation costs, 
as compared to conventionally de-
signed and constructed bridges; 
‘‘(V) the use of nontraditional 
production techniques, including fac-
tory prefabrication; 
‘‘(VI) painting for purposes of 
bridge protection; 
‘‘(VII) application of calcium 
magnesium acetate, sodium acetate/ 
formate, or other environmentally ac-
ceptable, minimally corrosive anti- 
icing and deicing compositions; 
‘‘(VIII) corrosion control; 
‘‘(IX) construction of protective 
features (including natural infrastruc-
ture) alone or in combination with 
other activities eligible under this 
paragraph to enhance resilience of a 
bridge; 
‘‘(X) bridge security counter-
measures; 
‘‘(XI) impact protection meas-
ures for bridges; 
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‘‘(XII) inspection and evaluation 
of bridges; 
‘‘(XIII) training for bridge in-
spectors consistent with subsection (i); 
and 
‘‘(XIV) removal of a bridge clas-
sified as in poor condition in order to 
improve community connectivity. 
‘‘(F) BUNDLES
OF
PROJECTS.—A State 
may use a bundle of projects as described in 
subsection (j) to satisfy the requirements of 
subparagraph (A), if each project in the bundle 
is otherwise eligible under subparagraph (E). 
‘‘(G) FLEXIBILITY.—The Secretary may, 
at the request of a State, reduce the required 
obligation under subparagraph (A) if— 
‘‘(i) the reduction is consistent with a 
State’s asset management plan for the Na-
tional Highway System; 
‘‘(ii) the reduction will not limit a 
State’s ability to meet its performance tar-
gets under section 150 or to improve the 
condition and performance of bridges on 
public roads within the State; and 
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‘‘(iii) the State demonstrates that it 
has inadequate needs to justify the expend-
iture. 
‘‘(H) BRIDGE INVESTMENT REPORT.—The 
Secretary shall annually publish on the website 
of the Department of Transportation a bridge 
investment report that includes— 
‘‘(i) the total Federal funding obli-
gated for bridge projects in the most re-
cent fiscal year, on a State-by-State basis 
and broken out by Federal program; 
‘‘(ii) the total Federal funding obli-
gated, on a State-by-State basis and bro-
ken out by Federal program, for bridge 
projects carried out pursuant to the min-
imum 
bridge 
investment 
requirements 
under subparagraph (A); 
‘‘(iii) the progress made by each State 
toward meeting the minimum bridge in-
vestment requirement under subparagraph 
(A) for such State, both cumulatively and 
for the most recent fiscal year; 
‘‘(iv) a summary of— 
‘‘(I) each request made under 
subparagraph (G) by a State for a re-
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duction in the minimum bridge invest-
ment requirement under subpara-
graph (A); and 
‘‘(II) for each request described 
in subclause (I) that is granted by the 
Secretary— 
‘‘(aa) the percentage and 
dollar amount of the reduction; 
and 
‘‘(bb) an explanation of how 
the State met each of the criteria 
described in subparagraph (G); 
and 
‘‘(v) a summary of— 
‘‘(I) each request made by a 
State for a reduction in the obligation 
requirements under section 133(f); 
and 
‘‘(II) for each request that is 
granted by the Secretary— 
‘‘(aa) the percentage and 
dollar amount of the reduction; 
and 
‘‘(bb) an explanation of how 
the Secretary made the deter-
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mination 
under 
section 
133(f)(2)(B). 
‘‘(I) OFF-SYSTEM BRIDGES.—A State may 
apply amounts obligated under this subsection 
or section 133(f)(2)(A) to the obligation re-
quirements of both this subsection and section 
133(f). 
‘‘(J) NHS PENALTY.—A State may apply 
amounts obligated under this subsection or sec-
tion 119(f)(2) to the obligation requirements of 
both this subsection and section 119(f)(2). 
‘‘(K) COMPLIANCE.—If a State fails to 
satisfy the requirements of subparagraph (A) 
by the end of fiscal year 2025, the Secretary 
may subject the State to appropriate program 
sanctions under section 1.36 of title 23, Code of 
Federal Regulations (or successor regula-
tions).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by strik-
ing the item relating to section 144 and inserting the fol-
lowing: 
‘‘144. Bridges and tunnels.’’. 
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SEC. 1208. CONSTRUCTION OF FERRY BOATS AND FERRY 
TERMINAL FACILITIES. 
Section 147 of title 23, United States Code, is 
amended— 
(1) by striking subsection (h); and 
(2) by redesignating subsections (i) and (j) as 
subsections (h) and (i), respectively. 
SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 
(a) IN GENERAL.—Section 148 of title 23, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (4)(B)— 
(i) by striking ‘‘only includes a 
project’’ 
and 
inserting 
‘‘includes 
a 
project’’; 
(ii) in clause (xiii) by inserting ‘‘, in-
cluding the development of a vulnerable 
road user safety assessment or a vision 
zero plan under section 1601 of the IN-
VEST in America Act’’ after ‘‘safety plan-
ning’’; 
(iii) by amending clause (xviii) to read 
as follows: 
‘‘(xviii) Safe routes to school infra-
structure-related projects eligible under 
section 211.’’; 
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(iv) in clause (xxvi) by inserting ‘‘or 
leading pedestrian intervals’’ after ‘‘hybrid 
beacons’’; and 
(v) by striking clause (xxviii) and in-
serting the following: 
‘‘(xxviii) A pedestrian security feature 
designed to slow or stop a motor vehicle. 
‘‘(xxix) Installation of infrastructure 
improvements, including sidewalks, cross-
walks, signage, and bus stop shelters or 
protected waiting areas.’’; 
(B) in paragraph (11)— 
(i) in subparagraph (A)— 
(I) in clause (ix) by striking 
‘‘and’’ at the end; 
(II) by redesignating clause (x) 
as clause (xi); and 
(III) by inserting after clause (ix) 
the following: 
‘‘(x) State or local representatives of 
educational agencies to address safe routes 
to school and schoolbus safety; and’’; 
(ii) in subparagraph (E) by inserting 
‘‘Tribal,’’ after ‘‘State,’’; 
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(iii) by redesignating subparagraphs 
(G), (H), and (I) as subparagraphs (H), 
(I), and (J), respectively; and 
(iv) by inserting after subparagraph 
(F) the following: 
‘‘(G) includes a vulnerable road user safety 
assessment described under paragraph (16);’’; 
(C) by redesignating paragraphs (10), 
(11), and (12) as paragraphs (12), (13), and 
(14), respectively; 
(D) by inserting after paragraph (9) the 
following: 
‘‘(10) SAFE
SYSTEM
APPROACH.—The term 
‘safe system approach’ means a roadway design that 
emphasizes minimizing the risk of injury or fatality 
to road users and that— 
‘‘(A) takes into consideration the possi-
bility and likelihood of human error; 
‘‘(B) accommodates human injury toler-
ance by taking into consideration likely crash 
types, resulting impact forces, and the human 
body’s ability to withstand such forces; and 
‘‘(C) takes into consideration vulnerable 
road users. 
‘‘(11) SPECIFIED SAFETY PROJECT.— 
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‘‘(A) IN
GENERAL.—The term ‘specified 
safety project’ means a project carried out for 
the purpose of safety under any other section of 
this title that is consistent with the State stra-
tegic highway safety plan. 
‘‘(B) INCLUSION.—The term ‘specified 
safety project’ includes a project that— 
‘‘(i) promotes public awareness and 
informs the public regarding highway safe-
ty matters (including safety for motorcy-
clists, bicyclists, pedestrians, individuals 
with disabilities, and other road users); 
‘‘(ii) facilitates enforcement of traffic 
safety laws; 
‘‘(iii) provides infrastructure and in-
frastructure-related equipment to support 
emergency services; 
‘‘(iv) conducts safety-related research 
to evaluate experimental safety counter-
measures or equipment; or 
‘‘(v) supports safe routes to school 
noninfrastructure-related 
activities 
de-
scribed under section 211(e)(2).’’; and 
(E) by adding at the end the following: 
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‘‘(15) TRANSPORTATION MANAGEMENT AREA.— 
The term ‘transportation management area’ means 
an area designated under section 134(k). 
‘‘(16) VULNERABLE
ROAD
USER.—The term 
‘vulnerable road user’ means a nonmotorist— 
‘‘(A) with a fatality analysis reporting sys-
tem person attribute code that is included in 
the definition of the term ‘number of non-mo-
torized fatalities’ in section 490.205 of title 23, 
Code of Federal Regulations (or successor regu-
lation); or 
‘‘(B) described in the term ‘number of 
non-motorized serious injuries’ in such section. 
‘‘(17) VULNERABLE
ROAD
USER
SAFETY
AS-
SESSMENT.—The term ‘vulnerable road user safety 
assessment’ means an assessment of the safety per-
formance of the State or a metropolitan planning or-
ganization within the State with respect to vulner-
able road users and the plan of the State or metro-
politan planning organization to improve the safety 
of vulnerable road users described in subsection 
(l).’’; 
(2) in subsection (c)— 
(A) in paragraph (1) by striking ‘‘(a)(11)’’ 
and inserting ‘‘(a)(13)’’; and 
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(B) in paragraph (2)— 
(i) in subparagraph (A)(vi) by insert-
ing ‘‘, consistent with the vulnerable road 
user 
safety 
assessment’’ 
after 
‘‘non-
motorized crashes’’; 
(ii) in subparagraph (B)(i)— 
(I) by inserting ‘‘, consistent with 
a safe system approach,’’ after ‘‘iden-
tify’’; 
(II) by inserting ‘‘excessive de-
sign speeds and speed limits,’’ after 
‘‘crossing needs,’’; and 
(III) by striking ‘‘motorists (in-
cluding motorcyclists), bicyclists, pe-
destrians, and other highway users’’ 
and inserting ‘‘road users’’; and 
(iii) in subparagraph (D)(iii) by strik-
ing ‘‘motorists (including motorcyclists), 
bicyclists, pedestrians, persons with disabil-
ities, and other highway users’’ and insert-
ing ‘‘road users’’; 
(3) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (A) by striking 
‘‘Not later than 1 year after the date of 
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enactment of the MAP–21, the’’ and in-
serting ‘‘The’’; and 
(ii) in subparagraph (B)— 
(I) in clause (iv) by inserting 
‘‘and serious injury’’ after ‘‘fatality’’; 
(II) in clause (vii) by striking ‘‘; 
and’’ and inserting a semicolon; 
(III) 
by 
redesignating 
clause 
(viii) as clause (ix); and 
(IV) by inserting after clause 
(vii) the following: 
‘‘(viii) the findings of a vulnerable 
road user safety assessment of the State; 
and’’; and 
(B) in paragraph (2)(B)(i) by striking 
‘‘subsection (a)(11)’’ and inserting ‘‘subsection 
(a)(13)’’; 
(4) in subsection (e)— 
(A) in paragraph (1)(C) by striking ‘‘, 
without regard to whether the project is in-
cluded in an applicable State strategic highway 
safety plan’’; and 
(B) by adding at the end the following: 
‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFE-
TY PROJECTS.— 
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‘‘(A) IN GENERAL.—To advance the imple-
mentation of a State strategic highway safety 
plan, a State may use not more than 10 percent 
of the amounts apportioned to the State under 
section 104(b)(3) for a fiscal year to carry out 
specified safety projects. 
‘‘(B) RULE
OF
STATUTORY
CONSTRUC-
TION.—Nothing in this paragraph shall be con-
strued to require a State to revise any State 
process, plan, or program in effect on the date 
of enactment of this paragraph. 
‘‘(C) EFFECT OF PARAGRAPH.— 
‘‘(i) 
REQUIREMENTS.—A 
project 
funded under this paragraph shall be sub-
ject to all requirements under this section 
that apply to a highway safety improve-
ment project. 
‘‘(ii) 
OTHER
APPORTIONED
PRO-
GRAMS.—Subparagraph (A) shall not apply 
to amounts that may be obligated for non-
infrastructure projects apportioned under 
any other paragraph of section 104(b).’’; 
(5) in subsection (g)— 
(A) by amending paragraph (1) to read as 
follows: 
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‘‘(1) HIGH-RISK RURAL ROAD SAFETY.— 
‘‘(A) IN GENERAL.—If the Secretary deter-
mines that the fatality rate on rural roads in a 
State for the most recent 2-year period for 
which data are available exceeds the median fa-
tality rate for rural roads among all States, 
such State shall be required to— 
‘‘(i) obligate over the 2 fiscal years 
following the fiscal year in which such de-
termination is made for projects on high- 
risk rural roads an amount not less than 
7.5 percent of the amounts apportioned to 
the State under section 104(b)(3) for fiscal 
year 2020; and 
‘‘(ii) include, in the subsequent update 
to the State strategic highway safety plan, 
strategies to reduce the fatality rate. 
‘‘(B) SOURCE OF FUNDS.—Any amounts 
obligated under subparagraph (A) shall be from 
amounts described under section 133(d)(1)(B). 
‘‘(C) ANNUAL DETERMINATION.—The de-
termination described under subparagraph (A) 
shall be made on an annual basis. 
‘‘(D) CONSULTATION.—In carrying out a 
project with an amount obligated under sub-
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paragraph (A), a State shall consult with, as 
applicable, 
local 
governments, 
metropolitan 
planning organizations, and regional transpor-
tation planning organizations.’’; 
(B) in paragraph (2)— 
(i) in the heading by striking ‘‘DRIV-
ERS’’ and inserting ‘‘ROAD USERS’’; 
(ii) by striking ‘‘drivers and pedes-
trians’’ and inserting ‘‘road users’’; and 
(iii) by striking ‘‘address the increases 
in’’ and inserting ‘‘reduce’’; and 
(C) by adding at the end the following: 
‘‘(3) VULNERABLE ROAD USER SAFETY.— 
‘‘(A) HIGH RISK STATES.— 
‘‘(i) ANNUAL
DETERMINATION.—Be-
ginning on the date of enactment of the 
INVEST in America Act, the Secretary 
shall determine on an annual basis whether 
the number of vulnerable road user fatali-
ties and serious injuries per capita in a 
State over the most recent 2-year period 
for which data are available exceeds the 
median number fatalities in all such areas 
over such 2-year period. 
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‘‘(ii) OBLIGATION REQUIREMENT.—If 
the Secretary determines that the number 
of vulnerable road user fatalities and seri-
ous injuries per capita in a State over the 
most recent 2-year period for which data 
are available exceeds the median number of 
such fatalities and serious injuries per cap-
ita over such 2-year period among all 
States, that State shall be required to obli-
gate over the 2 fiscal years following the 
fiscal year in which such determination is 
made an amount that is not less than 50 
percent of the amount set aside in such 
State under section 133(h)(1) for fiscal 
year 2020 (less any amounts obligated for 
projects in that State as required by sub-
paragraph (B)(ii)) for— 
‘‘(I) in the first two fiscal years 
after the enactment of the INVEST 
in America Act— 
‘‘(aa) performing the vulner-
able road user safety assessment 
as required by subsection (l); 
‘‘(bb) 
providing 
matching 
funds for transportation alter-
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natives safety projects as identi-
fied in section 133(h)(7)(B); or 
‘‘(cc) projects eligible under 
subparagraphs (A), (B), (C), or 
(I) of section 133(h); and 
‘‘(II) in each 2-year period there-
after, projects identified in the pro-
gram of projects described in sub-
section (l)(2)(C). 
‘‘(B) HIGH RISK AREAS.— 
‘‘(i) ANNUAL
DETERMINATION.—The 
Secretary shall determine on an annual 
basis whether the number of vulnerable 
road user fatalities per capita in a trans-
portation management area over the most 
recent 2-year period for which data are 
available exceeds the median number fa-
talities in all such areas over such 2-year 
period. 
‘‘(ii) OBLIGATION REQUIREMENT.—If 
the Secretary determines that the number 
of vulnerable road user fatalities per capita 
in the transportation management area 
over the most recent 2-year period for 
which data are available exceeds the me-
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dian number of such fatalities over such 2- 
year period among all such areas, then 
there shall be required to be obligated over 
the 2 fiscal years following the fiscal year 
in which such determination is made, for 
projects identified in the program of 
projects described in subsection (l)(7)(C), 
an amount that is not less than 50 percent 
of the amount set aside for that urbanized 
area under section 133(h)(2) for fiscal 
year 2020. 
‘‘(iii) APPLICABILITY.—The obligation 
requirement described in clause (ii) shall 
not take effect until the subject metropoli-
tan planning organization has developed 
the vulnerable road user safety assessment 
described in subsection (l)(7). 
‘‘(C) SOURCE OF FUNDS.— 
‘‘(i) IN GENERAL.—Any amounts re-
quired to be obligated under this para-
graph shall be from amounts apportioned 
under section 104(b) except for— 
‘‘(I) amounts described in section 
133(d)(1)(A); and 
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‘‘(II) amounts set aside under 
section 133(h). 
‘‘(ii) AREAS IN A HIGH RISK STATE.— 
If an area subject to the obligation require-
ment described in subparagraph (B)(ii) is 
located in a State required to obligate 
funds to vulnerable road user safety under 
subparagraph (A)(ii), any obligations in 
such State for projects identified in the 
program of projects described in subsection 
(l)(7)(C) shall count toward such State’s 
obligation requirement under subparagraph 
(A)(ii).’’; 
(6) in subsection (h)(1)(A)— 
(A) by inserting ‘‘, including any efforts to 
reduce vehicle speed’’ after ‘‘under this sec-
tion’’; and 
(B) by inserting ‘‘and projects identified 
under a vulnerable road user safety assess-
ment’’ after ‘‘projects’’; and 
(7) by adding at the end the following: 
‘‘(l) VULNERABLE ROAD USER SAFETY ASSESS-
MENT.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
date of enactment of the INVEST in America Act, 
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each State shall create a vulnerable road user safety 
assessment. 
‘‘(2) CONTENTS.—A vulnerable road user safety 
assessment required under paragraph (1) shall in-
clude— 
‘‘(A) a description of the location within 
the State of each vulnerable road user fatality 
and serious injury, including, if available, the 
design speed of the roadway at any such loca-
tion; 
‘‘(B) a description of any corridors identi-
fied by a State, in coordination with local gov-
ernments, metropolitan planning organizations, 
and regional transportation planning organiza-
tions that pose a high risk of a vulnerable road 
user fatality or serious injury, including, if 
available, the design speeds of such corridors; 
and 
‘‘(C) a program of projects or strategies to 
reduce safety risks to vulnerable road users in 
corridors identified under subparagraph (B), in 
coordination with local governments, metropoli-
tan planning organizations, and regional trans-
portation planning organizations that represent 
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‘‘(A) IN GENERAL.—A metropolitan plan-
ning organization representing a transportation 
management area shall, in consultation with 
local governments in such area, complete a vul-
nerable road user safety assessment based on 
the most recent 5 years of available data at 
least once every 4 years. 
‘‘(B) CONTENTS.—The assessment com-
pleted under subparagraph (A) shall include— 
‘‘(i) a description of the location with-
in the area of each vulnerable road user fa-
tality and, if available, serious injury; 
‘‘(ii) a description of any corridors 
that represent a high-risk area identified 
under paragraph (2)(B) or have otherwise 
been identified by the metropolitan plan-
ning organization or local government that 
pose a high risk of a vulnerable road user 
fatality or serious injury; and 
‘‘(iii) a program of projects or strate-
gies to reduce safety risks to vulnerable 
road users in corridors identified under 
subparagraph (B).’’. 
(b) TECHNICAL AMENDMENT.—Section 148 of title 
23, United States Code, is amended— 
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(1) in the heading for subsection (a)(8) by 
striking ‘‘ROAD
USERS’’ and inserting ‘‘ROAD 
USER’’; and 
(2) in subsection (i)(2)(D) by striking ‘‘safety 
safety’’ and inserting ‘‘safety’’. 
(c) HIGH-RISK RURAL ROADS.— 
(1) STUDY.—Not later than 2 years after the 
date of enactment of this Act, the Secretary of 
Transportation shall update the study described in 
paragraph (1) of section 1112(b) of MAP–21 (23 
U.S.C. 148 note). 
(2) PUBLICATION OF REPORT.—Not later than 
2 years after the date of enactment of this Act, the 
Secretary shall publish on the website of the Depart-
ment of Transportation an updated report of the re-
port described in paragraph (2) of section 1112(b) 
of MAP–21 (23 U.S.C. 148 note). 
(3) BEST PRACTICES MANUAL.—Not later than 
180 days after the date of submission of the report 
described in paragraph (2), the Secretary shall up-
date the best practices manual described in section 
1112(b)(3) of MAP–21 (23 U.S.C. 148 note). 
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SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT PROGRAM. 
Section 149 of title 23, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (1)(A)(ii) by striking 
‘‘subsection (h)’’ and inserting ‘‘subsection (i)’’; 
(B) by striking paragraph (7) and insert-
ing the following: 
‘‘(7) if the project or program utilizes transpor-
tation demand management strategies, shifts traffic 
demand to nonpeak hours or other transportation 
modes, increases vehicle occupancy rates, or other-
wise reduces demand for roads through such means 
as telecommuting, ridesharing, carsharing, shared 
micromobility (including bikesharing and shared 
scooter systems), publicly accessible charging sta-
tions, docks, and storage for electric bicycles and 
micromobility devices, alternative work hours, and 
pricing;’’; and 
(C) in paragraph (8)(B) by striking ‘‘; or’’ 
and inserting a semicolon; 
(D) in paragraph (9) by striking the period 
and inserting a semicolon; and 
(E) by adding at the end the following: 
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‘‘(10) if the project or program mitigates sea-
sonal or temporary traffic congestion from long-haul 
travel or tourism; 
‘‘(11) if the project or program is for the point- 
of-sale purchase of zero-emission medium- and 
heavy-duty vehicles or related zero-emission oper-
ations equipment, or supports battery electric charg-
ing or fuel cell electric refueling infrastructure and 
related equipment for medium- and heavy-duty vehi-
cles in projects or programs such as depot infra-
structure and infrastructure along routes servicing 
regional freight hubs; or 
‘‘(12) if the project or program of projects in-
volves the deployment of hyperlocal air quality mo-
bile monitoring systems primarily to monitor trans-
portation-related emissions.’’; 
(2) in subsection (c)— 
(A) in paragraph (2)— 
(i) in the heading by inserting ‘‘, HY-
DROGEN VEHICLE,’’ after ‘‘ELECTRIC VE-
HICLE’’; 
(ii) by inserting ‘‘hydrogen or’’ after 
‘‘charging stations or’’; and 
(iii) by inserting ‘‘, hydrogen-pow-
ered,’’ after ‘‘battery powered’’; and 
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(B) in paragraph (3) by inserting ‘‘, and is 
consistent with section 166’’ after ‘‘travel 
times’’; and 
(3) by striking subsection (m) and inserting the 
following: 
‘‘(m) OPERATING ASSISTANCE.— 
‘‘(1) PROJECTS.—A State may obligate funds 
apportioned under section 104(b)(4) in an area of 
such State that is otherwise eligible for obligations 
of such funds for operating costs under chapter 53 
of title 49 or on a system for which CMAQ funding 
was made available, obligated, or expended in fiscal 
year 2012, or, notwithstanding subsection (b), on a 
State-supported Amtrak route with a cost-sharing 
agreement under section 209 of the Passenger Rail 
Investment and Improvement Act of 2008 or alter-
native cost allocation under section 24712(g)(3) of 
title 49. 
‘‘(2) TIME
LIMITATION.—In determining the 
amount of time for which a State may obligate funds 
under paragraph (1) for operating assistance for an 
area of a State or on a system, the Secretary shall 
allow such obligations to occur, in such area or on 
such system— 
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‘‘(A) with a time limitation of not less than 
3 years; and 
‘‘(B) in the case of projects that dem-
onstrate continued net air quality benefits be-
yond 3 years, as determined annually by the 
Secretary in consultation with the Adminis-
trator of the Environmental Protection Agency, 
with no imposed time limitation. 
‘‘(n) HYPERLOCAL AIR QUALITY MOBILE MONI-
TORING SYSTEMS DEFINED.—In this section, the term 
‘hyperlocal air quality mobile monitoring systems’ means 
a method of monitoring and mapping ambient air quality 
and greenhouse gases and detecting the presence of pollut-
ants using mobile vehicles that yields frequently repeated, 
on-going measurements of pollutants and greenhouse 
gases at a block-level resolution and identifies hotspots of 
persistent elevated levels of pollutants and greenhouse 
gases.’’. 
SEC. 1211. ELECTRIC VEHICLE CHARGING STATIONS. 
(a) ELECTRIC VEHICLE CHARGING STATIONS.— 
Chapter 1 of title 23, United States Code, is amended by 
inserting after section 154 the following new section: 
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‘‘§ 155. Electric vehicle charging stations 
‘‘(a) IN GENERAL.—Any electric vehicle charging in-
frastructure funded under this title shall be subject to the 
requirements of this section. 
‘‘(b) INTEROPERABILITY.—An electric vehicle charg-
ing station funded under this title shall— 
‘‘(1) provide a charging connector type or 
means to transmit electricity to vehicles that meets 
applicable industry accepted practices and safety 
standards; and 
‘‘(2) have the ability to serve vehicles produced 
by more than one vehicle manufacturer. 
‘‘(c) OPEN ACCESS TO PAYMENT.—Electric vehicle 
charging stations shall provide payment methods available 
to all members of the public to ensure secure, convenient, 
and equal access and shall not be limited by membership 
to a particular payment provider. 
‘‘(d) NETWORK CAPABILITY.—An electric vehicle 
charging station funded under this title shall be capable 
of being remotely monitored. 
‘‘(e) STANDARDS
AND GUIDANCE.—Not less than 
180 days after enactment of the INVEST in America Act, 
the Secretary of Transportation, in coordination with the 
Secretary of Energy and in consultation with relevant 
stakeholders, shall, as appropriate, develop standards and 
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guidance applicable to any electric vehicle charging station 
funded in whole or in part under this title related to— 
‘‘(1) the installation, operation, or maintenance 
by qualified technicians of electric vehicle charging 
infrastructure; 
‘‘(2) the interoperability of electric vehicle 
charging infrastructure; 
‘‘(3) any traffic control device or on-premises 
sign acquired, installed, or operated related to an 
electric vehicle charging station funded under this 
title; and 
‘‘(4) network connectivity of electric vehicle 
charging infrastructure, including measures to pro-
tect personal privacy and ensure cybersecurity. 
‘‘(f) WAGE REQUIREMENTS.—Section 113 shall apply 
to any project for electric vehicle charging infrastructure 
funded under this title.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by insert-
ing after the item relating to section 154 the following 
new item: 
‘‘155. Electric vehicle charging stations.’’. 
(c) ELECTRIC VEHICLE CHARGING SIGNAGE.—The 
Secretary of Transportation shall update the Manual on 
Uniform Traffic Control Devices to— 
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(1) ensure uniformity in providing road users 
direction to electric charging stations that are open 
to the public; and 
(2) allow the use of a comprehensive system of 
signs for electric vehicle charging providers to help 
drivers identify the type of charging and connector 
types available at the location. 
(d) AGREEMENTS RELATING TO THE USE AND AC-
CESS
OF RIGHTS-OF-WAY
OF
THE INTERSTATE SYS-
TEM.—Section 111 of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(f) INTERSTATE SYSTEM RIGHTS-OF-WAY.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(a) or (b) and sections 137 and 142, the Secretary 
shall permit, consistent with section 155, limited 
commercial activities for the charging of electric ve-
hicles on rights-of-way of the Interstate System, in-
cluding in— 
‘‘(A) a rest area; or 
‘‘(B) a fringe or corridor parking facility, 
including a park and ride facility. 
‘‘(2) SAVINGS CLAUSE.—Nothing in this sub-
section shall permit commercial activities on rights- 
of-way of the Interstate System, except as necessary 
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for the charging of electric vehicles in accordance 
with this subsection.’’. 
SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM. 
(a) IN GENERAL.—Section 167 of title 23, United 
States Code, is amended— 
(1) in subsection (b)— 
(A) in paragraph (6) by striking ‘‘; and’’ 
and inserting a semicolon; and 
(B) by striking paragraph (7) and insert-
ing the following: 
‘‘(7) to reduce the environmental impacts of 
freight movement on the National Highway Freight 
Network, including— 
‘‘(A) greenhouse gas emissions; 
‘‘(B) local air pollution, including local pol-
lution derived from vehicles idling at railway 
crossings; 
‘‘(C) minimizing, capturing, or treating 
stormwater runoff and addressing other adverse 
impacts to water quality; and 
‘‘(D) wildlife habitat loss; and 
‘‘(8) to decrease any adverse impact of freight 
transportation on communities located near freight 
facilities or freight corridors.’’; 
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(2) in subsection (e)(2) by striking ‘‘150 miles’’ 
and inserting ‘‘300 miles’’; 
(3) in subsection (f)(4) by striking ‘‘75 miles’’ 
and inserting ‘‘150 miles’’; 
(4) in subsection (h) by striking ‘‘Not later 
than’’ and all that follows through ‘‘shall prepare’’ 
and inserting ‘‘As part of the report required under 
section 503(b)(8), the Administrator shall biennially 
prepare’’; 
(5) in subsection (i)— 
(A) by striking paragraphs (2) and (3); 
(B) by amending paragraph (4) to read as 
follows: 
‘‘(4) FREIGHT
PLANNING.—Notwithstanding 
any other provision of law, a State may not obligate 
funds apportioned to the State under section 
104(b)(5) unless the State has developed, updated, 
or amended, as applicable, a freight plan in accord-
ance with section 70202 of title 49.’’; 
(C) in paragraph (5)— 
(i) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) LIMITATION.—The Federal share of 
a project described in subparagraph (C)(xxiii) 
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shall fund only elements of such project that 
provide public benefits.’’; and 
(ii) in subparagraph (C)— 
(I) in clause (iii) by inserting 
‘‘and freight management and oper-
ations systems’’ after ‘‘freight trans-
portation systems’’; and 
(II) by amending clause (xxiii) to 
read as follows: 
‘‘(xxiii) Freight intermodal or freight 
rail projects, including— 
‘‘(I) projects within the bound-
aries of public or private freight rail 
or water facilities (including ports); 
‘‘(II) projects that provide sur-
face transportation infrastructure nec-
essary to facilitate direct intermodal 
interchange, transfer, and access into 
or out of the facility; and 
‘‘(III) any other surface trans-
portation project to improve the flow 
of freight into or out of a facility de-
scribed in subclause (I) or (II).’’; 
(D) in paragraph (6) by striking ‘‘para-
graph (5)’’ and inserting ‘‘paragraph (3)’’; and 
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(E) by redesignating paragraphs (4), (5), 
(6), and (7) as paragraphs (2), (3), (4), and 
(5), respectively; and 
(6) in subsection (k)(1)(A)(ii) by striking 
‘‘ports-of entry’’ and inserting ‘‘ports-of-entry’’. 
(b) NATIONAL HIGHWAY FREIGHT NETWORK.—If a 
congressionally designated future Interstate, or any por-
tion thereof, is included in a State Freight Plan (regard-
less of whether such project is included in the freight in-
vestment plan of the State) approved by the Department 
of Transportation prior to October 1, 2021, such route 
shall be considered to be on the National Highway Freight 
Network established under section 167(c) of title 23, 
United States Code. 
SEC. 1213. CARBON POLLUTION REDUCTION. 
(a) IN GENERAL.—Chapter 1 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 171. Carbon pollution reduction 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a carbon pollution reduction program to support the 
reduction of greenhouse gas emissions from the surface 
transportation system. 
‘‘(b) ELIGIBLE PROJECTS.—A project is eligible for 
funding under this section if such project— 
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‘‘(1) is expected to yield a significant reduction 
in greenhouse gas emissions from the surface trans-
portation system; 
‘‘(2) will help a State meet the greenhouse gas 
emissions performance targets established under sec-
tion 150(d); and 
‘‘(3) is— 
‘‘(A) eligible for assistance under this title 
or under chapter 53 of title 49 or is a capital 
project for vehicles and facilities (whether pub-
licly or privately owned) that are used to pro-
vide intercity passenger service by bus; or 
‘‘(B) a capital project, as such term is de-
fined in section 22906 of title 49, to improve 
intercity rail passenger transportation, provided 
that the project will yield a significant reduction 
in single occupant vehicle trips and improve 
mobility on public roads. 
‘‘(c) GUIDANCE.—The Secretary shall issue guidance 
on methods of determining the reduction of single occu-
pant vehicle trips and improvement of mobility on public 
roads as those factors relate to intercity rail passenger 
transportation projects under subsection (b)(4). 
‘‘(d) OPERATING EXPENSES.—A State may use not 
more than 20 percent of the funds provided under section 
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104(b)(9) for the operating expenses of public transpor-
tation and passenger rail transportation projects. 
‘‘(e) SINGLE-OCCUPANCY VEHICLE HIGHWAY FA-
CILITIES.—None of the funds provided under this section 
may be used for a project that will result in the construc-
tion of new capacity available to single occupant vehicles 
unless the project consists of a high occupancy vehicle fa-
cility and is consistent with section 166. 
‘‘(f) EVALUATION.— 
‘‘(1) IN GENERAL.—The Secretary shall annu-
ally evaluate the progress of each State in carrying 
out the program under this section by comparing the 
percent change in carbon dioxide emissions per cap-
ita on public roads in the State calculated as— 
‘‘(A) the annual carbon dioxide emissions 
per capita on public roads in the State for the 
most recent year for which there is data; di-
vided by 
‘‘(B) the average annual carbon dioxide 
emissions per capita on public roads in the 
State in calendar years 2015 through 2019. 
‘‘(2) MEASURES.—In conducting the evaluation 
under paragraph (1), the Secretary shall— 
‘‘(A) prior to the effective date of the 
greenhouse gas performance measures under 
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section 150(c)(7)(A), use such data as are 
available, which may include data on motor 
fuels usage published by the Federal Highway 
Administration and information on emissions 
factors or coefficients published by the Energy 
Information Administration of the Department 
of Energy; and 
‘‘(B) following the effective date of the 
greenhouse gas performance measures under 
section 150(c)(7)(A), use such measures. 
‘‘(g) PROGRESS REPORT.—The Secretary shall annu-
ally issue a carbon pollution reduction progress report, to 
be made publicly available on the website of the Depart-
ment of Transportation, that includes— 
‘‘(1) the results of the evaluation under sub-
section (f) for each State; and 
‘‘(2) a ranking of all the States by the criteria 
under subsection (f), with the States that, for the 
year covered by such report, have the largest per-
centage reduction in annual carbon dioxide emissions 
per capita on public roads being ranked the highest. 
‘‘(h) HIGH-PERFORMING STATES.— 
‘‘(1) DESIGNATION.—For purposes of this sec-
tion, each State that is 1 of the 15 highest ranked 
States, as determined under subsection (g)(2), and 
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that achieves a reduction in carbon dioxide emissions 
per capita on public roads, as determined by the 
evaluation in subsection (f), shall be designated as a 
high-performing State for the following fiscal year. 
‘‘(2) USE OF FUNDS.—For each State that is 
designated as a high-performing State under para-
graph (1)— 
‘‘(A) notwithstanding section 120, the 
State may use funds made available under this 
title to pay the non-Federal share of a project 
under this section during any year for which 
such State is designated as a high-performing 
State; and 
‘‘(B) notwithstanding section 126, the 
State may transfer up to 50 percent of funds 
apportioned under section 104(b)(9) to the pro-
gram under section 104(b)(2) in any year for 
which such State is designated as a high-per-
forming State. 
‘‘(3) TRANSFER.—For each State that is 1 of 
the 15 lowest ranked States, as determined under 
subsection (g)(2), the Secretary shall transfer 10 
percent of the amount apportioned to the State 
under section 104(b)(2) in the fiscal year following 
the year in which the State is so ranked, not includ-
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ing amounts set aside under section 133(d)(1)(A) 
and under section 133(h) or 505(a), to the appor-
tionment of the State under section 104(b)(9). 
‘‘(4) LIMITATION.—The Secretary shall not 
conduct a transfer under paragraph (3)— 
‘‘(A) until the first fiscal year following the 
effective date of greenhouse gas performance 
measures under section 150(c)(7)(A); and 
‘‘(B) with respect to a State in any fiscal 
year following the year in which such State 
achieves a reduction in carbon dioxide emissions 
per capita on public roads in such year as de-
termined by the evaluation under subsection (f). 
‘‘(i) REPORT.—Not later than 2 years after the date 
of enactment of this section and periodically thereafter, 
the Secretary, in consultation with the Administrator of 
the Environmental Protection Agency, shall issue a re-
port— 
‘‘(1) detailing, based on the best available 
science, what types of projects eligible for assistance 
under this section are expected to provide the most 
significant greenhouse gas emissions reductions from 
the surface transportation sector; and 
‘‘(2) detailing, based on the best available 
science, what types of projects eligible for assistance 
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under this section are not expected to provide sig-
nificant greenhouse gas emissions reductions from 
the surface transportation sector.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by add-
ing at the end the following new item: 
‘‘171. Carbon pollution reduction.’’. 
(c) APPLICABILITY.—Subsection (b)(2) of section 
171 of title 23, United States Code, as added by this sec-
tion, shall apply to a State beginning on the first fiscal 
year following the fiscal year in which the State sets green-
house gas performance targets under section 150(d) of 
title 23, United States Code. 
SEC. 1214. RECREATIONAL TRAILS. 
Section 206 of title 23, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1) by striking ‘‘except 
for’’ and all that follows and inserting the fol-
lowing: ‘‘except for— 
‘‘(A) a motorized wheelchair; and 
‘‘(B) in any case in which applicable laws 
and regulations permit use, an electric bicycle, 
as defined in section 217(j).’’; 
(B) in paragraph (2)— 
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(i) in subparagraph (F) by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (G) by striking 
the period and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(H) electric bicycling.’’; and 
(2) by adding at the end the following: 
‘‘(j) SPECIAL RULE.—Section 113 shall not apply to 
projects under this section. 
‘‘(k) USE OF OTHER APPORTIONED FUNDS.—Funds 
apportioned to a State under section 104(b) that are obli-
gated for recreational trails and related projects shall be 
administered as if such funds were made available for pur-
poses described under this section.’’. 
SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM. 
(a) IN GENERAL.—Chapter 2 of title 23, United 
States Code, is amended by inserting after section 210 the 
following: 
‘‘§ 211. Safe routes to school program 
‘‘(a) PROGRAM.—The Secretary shall carry out a safe 
routes to school program for the benefit of children in pri-
mary, middle, and high schools. 
‘‘(b) PURPOSES.—The purposes of the program shall 
be— 
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‘‘(1) to enable and encourage children, includ-
ing those with disabilities, to walk and bicycle to 
school; 
‘‘(2) to make bicycling and walking to school a 
safer and more appealing transportation alternative, 
thereby encouraging a healthy and active lifestyle 
from an early age; and 
‘‘(3) to facilitate the planning, development, 
and implementation of projects and activities that 
will improve safety and reduce traffic, fuel consump-
tion, and air pollution in the vicinity of schools. 
‘‘(c) USE OF FUNDS.—Amounts apportioned to a 
State under paragraphs (2) and (3) of section 104(b) may 
be used to carry out projects, programs, and other activi-
ties under this section. 
‘‘(d) ELIGIBLE ENTITIES.—Projects, programs, and 
activities funded under this section may be carried out by 
eligible entities described under section 133(h)(4)(B) that 
demonstrate an ability to meet the requirements of this 
section. 
‘‘(e) ELIGIBLE PROJECTS AND ACTIVITIES.— 
‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.— 
‘‘(A) IN GENERAL.—A State may obligate 
funds under this section for the planning, de-
sign, and construction of infrastructure-related 
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projects that will substantially improve the abil-
ity of students to walk and bicycle to school, in-
cluding sidewalk improvements, traffic calming 
and speed reduction improvements, pedestrian 
and bicycle crossing improvements, on-street bi-
cycle facilities, off-street bicycle and pedestrian 
facilities, secure bicycle parking facilities, and 
traffic diversion improvements in the vicinity of 
schools. 
‘‘(B) LOCATION
OF
PROJECTS.—Infra-
structure-related projects under subparagraph 
(A) may be carried out on any public road or 
any bicycle or pedestrian pathway or trail in the 
vicinity of schools. 
‘‘(2) NONINFRASTRUCTURE-RELATED
ACTIVI-
TIES.—In addition to projects described in para-
graph (1), a State may obligate funds under this 
section for noninfrastructure-related activities to en-
courage walking and bicycling to school, including— 
‘‘(A) public awareness campaigns and out-
reach to press and community leaders; 
‘‘(B) traffic education and enforcement in 
the vicinity of schools; 
‘‘(C) student sessions on bicycle and pedes-
trian safety, health, and environment; 
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‘‘(D) programs that address personal safe-
ty; and 
‘‘(E) funding for training, volunteers, and 
managers of safe routes to school programs. 
‘‘(3) SAFE
ROUTES
TO
SCHOOL
COORDI-
NATOR.—Each State receiving an apportionment 
under paragraphs (2) and (3) of section 104(b) shall 
use a sufficient amount of the apportionment to 
fund a full-time position of coordinator of the 
State’s safe routes to school program. 
‘‘(4) RURAL SCHOOL DISTRICT OUTREACH.—A 
coordinator described in paragraph (3) shall conduct 
outreach to ensure that rural school districts in the 
State are aware of such State’s safe routes to school 
program and any funds authorized by this section. 
‘‘(f) FEDERAL SHARE.—The Federal share of the 
cost of a project, program, or activity under this section 
shall be 100 percent. 
‘‘(g) CLEARINGHOUSE.— 
‘‘(1) IN GENERAL.—The Secretary shall main-
tain a national safe routes to school clearinghouse 
to— 
‘‘(A) develop information and educational 
programs on safe routes to school; and 
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‘‘(B) provide technical assistance and dis-
seminate techniques and strategies used for 
successful safe routes to school programs. 
‘‘(2) FUNDING.—The Secretary shall carry out 
this subsection using amounts authorized to be ap-
propriated for administrative expenses under section 
104(a). 
‘‘(h) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) IN THE VICINITY OF SCHOOLS.—The term 
‘in the vicinity of schools’ means, with respect to a 
school, the area within bicycling and walking dis-
tance of the school (approximately 2 miles). 
‘‘(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.— 
The term ‘primary, middle, and high schools’ means 
schools providing education from kindergarten 
through twelfth grade.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) REPEAL.—Section 1404 of SAFETEA–LU 
(Public Law 109–59; 119 Stat. 1228–1230), and 
the item relating to such section in the table of con-
tents in section 1(b) of such Act, are repealed. 
(2) ANALYSIS.—The analysis for chapter 2 of 
title 23, United States Code, is amended by insert-
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ing after the item relating to section 210 the fol-
lowing: 
‘‘211. Safe routes to school program.’’. 
SEC. 1216. BICYCLE TRANSPORTATION AND PEDESTRIAN 
WALKWAYS. 
Section 217 of title 23, United States Code, is 
amended— 
(1) in subsection (d)— 
(A) by striking ‘‘104(b)(3)’’ and inserting 
‘‘104(b)(4)’’; and 
(B) by striking ‘‘a position’’ and inserting 
‘‘at least one full-time positions’’; 
(2) in subsection (e) by striking ‘‘bicycles’’ and 
inserting ‘‘pedestrians or bicyclists’’ each place such 
term appears; 
(3) in subsection (j)— 
(A) in paragraph (1) by inserting ‘‘or oper-
ators 
of 
micromobility 
devices’’ 
after 
‘‘bicyclists’’; 
(B) by striking paragraph (2) and insert-
ing the following: 
‘‘(2) ELECTRIC
BICYCLE.—The term ‘electric 
bicycle’ means mean a bicycle equipped with fully 
operable pedals, a saddle or seat for the rider, and 
an electric motor of less than 750 watts that can 
safely share a bicycle transportation facility with 
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other users of such facility and meets the require-
ments of one of the following three classes: 
‘‘(A) CLASS
ELECTRIC
BICYCLE.—The 
term ‘class 1 electric bicycle’ means an electric 
bicycle equipped with a motor that provides as-
sistance only when the rider is pedaling, and 
that ceases to provide assistance when the bicy-
cle reaches the speed of 20 miles per hour. 
‘‘(B) CLASS
ELECTRIC
BICYCLE.—The 
term ‘class 2 electric bicycle’ means an electric 
bicycle equipped with a motor that may be used 
exclusively to propel the bicycle, and that is not 
capable of providing assistance when the bicycle 
reaches the speed of 20 miles per hour. 
‘‘(C) CLASS
ELECTRIC
BICYCLE.—The 
term ‘class 3 electric bicycle’ means an electric 
bicycle equipped with a motor that provides as-
sistance only when the rider is pedaling, and 
that ceases to provide assistance when the bicy-
cle reaches the speed of 28 miles per hour. 
‘‘(3) 
MICROMOBILITY
DEVICE.—The 
term 
‘micromobility device’ means any wheeled vehicle 
equipped with a low powered electric motor— 
‘‘(A) that is designed primarily for human 
transport; 
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‘‘(B) that weighs not more than 100 
pounds; and 
‘‘(C) that has a top speed of 20 miles per 
hour or less.’’. 
SEC. 1217. NOISE BARRIERS. 
(a) PERMITTING USE OF HIGHWAY TRUST FUND 
FOR CONSTRUCTION OF CERTAIN NOISE BARRIERS.— 
Section 339(b)(1) of the National Highway System Des-
ignation Act of 1995 (23 U.S.C. 109 note) is amended 
to read as follows: 
‘‘(1) GENERAL RULE.—No funds made avail-
able out of the Highway Trust Fund may be used 
to construct a Type II noise barrier (as defined by 
section 772.5(I) of title 23, Code of Federal Regula-
tions) pursuant to subsections (h) and (I) of section 
109 of title 23, United States Code, unless— 
‘‘(A) such a barrier is part of a project ap-
proved by the Secretary before November 28, 
1995; or 
‘‘(B) such a barrier separates a highway or 
other noise corridor from a group of structures 
of which the majority of those closest to the 
highway or noise corridor— 
‘‘(i) are residential in nature; and 
‘‘(ii) either— 
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‘‘(I) were constructed before the 
construction or most recent widening 
of the highway or noise corridor; or 
‘‘(II) are at least 10 years old.’’. 
(b) ELIGIBILITY
FOR SURFACE TRANSPORTATION 
PROGRAM FUNDS.—Section 133 of title 23, United States 
Code, is amended— 
(1) in subsection (b) by adding at the end the 
following: 
‘‘(22) Planning, design, or construction of a 
Type II noise barrier (as described in section 772.5 
of title 23, Code of Federal Regulations).’’; and 
(2) in subsection (c)(2) by inserting ‘‘and para-
graph (22)’’ after ‘‘(11)’’. 
SEC. 1218. SAFE STREETS FOR ALL. 
Section 148 of title 23, United States Code, is further 
amended by adding at the end the following: 
‘‘(m) SAFE STREETS FOR ALL.— 
‘‘(1) SAFE STREETS SET-ASIDE.— 
‘‘(A) 
ESTABLISHMENT.—The 
Secretary 
shall establish a safe streets program to elimi-
nate the occurrence of transportation-related fa-
talities and serious injuries on public roads, 
with a focus on vulnerable road users. 
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‘‘(ii) before obligating funds for a 
project located fully or partially within an 
area described in subparagraph (B) that is 
under the jurisdiction of a unit of local 
government, a State or metropolitan plan-
ning organization shall consult with such 
unit of local government regarding project 
selection. 
‘‘(B) AREA
DESCRIBED.—An area de-
scribed in this subparagraph is an area with a 
population greater than 200,000. 
‘‘(3) USE OF FUNDS.— 
‘‘(A) IN GENERAL.—Funds set aside under 
this subsection shall be available for obliga-
tion— 
‘‘(i) for a complete streets project that 
supports the safe, comfortable, convenient, 
and independent movement of all users of 
the transportation system, of all ages and 
abilities, consistent with context sensitive 
design principles; 
‘‘(ii) for activities eligible under the 
safe routes to school program under sec-
tion 211; 
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‘‘(iii) to develop and implement the 
policies and procedures described in section 
109(s); 
‘‘(iv) for any element of vision zero 
planning described under section 1601 of 
the INVEST in America Act and to imple-
ment an existing vision zero plan; 
‘‘(v) for other activities in furtherance 
of the vulnerable road user safety assess-
ment of the State or the metropolitan 
planning organization described under sub-
section (l); and 
‘‘(vi) for any other project, program, 
or plan eligible under this section that pro-
vides for the safe and adequate accommo-
dation of all users of the surface transpor-
tation network, as determined by the Sec-
retary. 
‘‘(B) SPECIAL RULE.—If a State or metro-
politan planning organization demonstrates to 
the satisfaction of the Secretary that such State 
or metropolitan planning organization has met 
all its needs for vulnerable road user safety 
under this section, the State or metropolitan 
planning organization may use funds made 
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available under this subsection for other high-
way safety improvement program purposes, 
subject to the suballocation under paragraph 
(2). The Secretary may not make a determina-
tion under this subparagraph if the State or 
metropolitan planning organization has been 
subject to the special rule described in sub-
section (g)(3) within the last 5 years.’’. 
SEC. 1219. YOUTH SERVICE AND CONSERVATION CORPS. 
(a) IN GENERAL.—Chapter 2 of title 23, United 
States Code, is amended by inserting after section 211 (as 
added by this Act) the following: 
‘‘§ 212. Use of youth service and conservation corps 
‘‘(a) IN GENERAL.—The Secretary may allow and 
shall encourage project sponsors to enter into contracts 
and cooperative agreements with qualified youth service 
or conservation corps, as described in sections 122(a)(2) 
of the National and Community Service Act of 1990 (42 
U.S.C. 12572(a)(2)) and 106(c)(3) of the National and 
Community Service Trust Act of 1993 (42 U.S.C. 
12656(c)(3)) to perform appropriate projects eligible 
under sections 133(h), 162, 206, and 211. 
‘‘(b) REQUIREMENTS.—Under any contract or coop-
erative agreement entered into with a qualified youth serv-
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ice or conservation corps under this section, the Secretary 
shall— 
‘‘(1) set the amount of a living allowance or 
rate of pay for each participant in such corps at— 
‘‘(A) such amount or rate as required 
under State law in a State with such require-
ments; or 
‘‘(B) for corps in States not described in 
subparagraph (A), at such amount or rate as 
determined by the Secretary, not to exceed the 
maximum living allowance authorized by section 
140 of the National and Community Service 
Act of 1990 (42 U.S.C. 12594); and 
‘‘(2) not subject such corps to the requirements 
of section 112.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 2 of title 23, United States Code, is amended by insert-
ing after the item relating to section 211 (as added by 
this Act) the following: 
‘‘212. Use of youth service and conservation corps.’’. 
SEC. 1220. NATIONAL SCENIC BYWAYS PROGRAM. 
Section 162 of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(g) STATE.—In this section, the term ‘State’ has the 
meaning given such term in section 401.’’. 
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SEC. 1221. FUNDING FOR BORDER INFRASTRUCTURE. 
Section 1437(a) of the FAST Act (23 U.S.C. 101 
note) is amended by striking ‘‘5 percent’’ and inserting 
‘‘7 percent’’. 
Subtitle C—Project-Level 
Investments 
SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIG-
NIFICANCE. 
(a) IN GENERAL.—Section 117 of title 23, United 
States Code, is amended to read as follows: 
‘‘§ 117. Projects of national and regional significance 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a projects of national and regional significance pro-
gram under which the Secretary may make grants to, and 
establish multiyear grant agreements with, eligible entities 
in accordance with this section. 
‘‘(b) APPLICATIONS.—To be eligible for a grant 
under this section, an eligible entity shall submit to the 
Secretary an application in such form, in such manner, 
and containing such information as the Secretary may re-
quire. 
‘‘(c) GRANT AMOUNTS AND PROJECT COSTS.— 
‘‘(1) IN
GENERAL.—Each grant made under 
this section— 
‘‘(A) shall be in an amount that is at least 
$25,000,000; and 
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‘‘(B) shall be for a project that has eligible 
project costs that are reasonably anticipated to 
equal or exceed the lesser of— 
‘‘(i) $100,000,000; or 
‘‘(ii) in the case of a project— 
‘‘(I) located in 1 State or terri-
tory, 30 percent of the amount appor-
tioned under this chapter to the State 
or territory in the most recently com-
pleted fiscal year; or 
‘‘(II) located in more than 1 
State or territory, 50 percent of the 
amount apportioned under this chap-
ter to the participating State or terri-
tory with the largest apportionment 
under this chapter in the most re-
cently completed fiscal year. 
‘‘(2) LARGE PROJECTS.—For a project that has 
eligible project costs that are reasonably anticipated 
to equal or exceed $500,000,000, a grant made 
under this section— 
‘‘(A) shall be in an amount sufficient to 
fully fund the project, or in the case of a public 
transportation project, a minimum operable 
segment, in combination with other funding 
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sources, including non-Federal financial com-
mitment, identified in the application; and 
‘‘(B) may be awarded pursuant to the 
process under subsection (d), as necessary 
based on the amount of the grant. 
‘‘(d) MULTIYEAR GRANT AGREEMENTS FOR LARGE 
PROJECTS.— 
‘‘(1) IN
GENERAL.—A large project that re-
ceives a grant under this section may be carried out 
through a multiyear grant agreement in accordance 
with this subsection. 
‘‘(2) 
REQUIREMENTS.—A 
multiyear 
grant 
agreement for a large project shall— 
‘‘(A) establish the terms of participation by 
the Federal Government in the project; 
‘‘(B) establish the amount of Federal fi-
nancial assistance for the project; 
‘‘(C) establish a schedule of anticipated 
Federal obligations for the project that provides 
for obligation of the full grant amount by not 
later than 4 fiscal years after the fiscal year in 
which the initial amount is provided; and 
‘‘(D) determine the period of time for com-
pleting the project, even if such period extends 
beyond the period of an authorization. 
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‘‘(3) SPECIAL RULES.— 
‘‘(A) IN
GENERAL.—A multiyear grant 
agreement under this subsection— 
‘‘(i) shall obligate an amount of avail-
able budget authority specified in law; and 
‘‘(ii) may include a commitment, con-
tingent on amounts to be specified in law 
in advance for commitments under this 
paragraph, 
to 
obligate 
an 
additional 
amount from future available budget au-
thority specified in law. 
‘‘(B) CONTINGENT COMMITMENT.—A con-
tingent commitment under this subsection is 
not an obligation of the Federal Government 
under section 1501 of title 31. 
‘‘(C) INTEREST
AND
OTHER
FINANCING 
COSTS.— 
‘‘(i) IN GENERAL.—Interest and other 
financing costs of carrying out a part of 
the project within a reasonable time shall 
be considered a cost of carrying out the 
project under a multiyear grant agreement, 
except that eligible costs may not be more 
than the cost of the most favorable financ-
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ing terms reasonably available for the 
project at the time of borrowing. 
‘‘(ii) CERTIFICATION.—The applicant 
shall certify to the Secretary that the ap-
plicant has shown reasonable diligence in 
seeking the most favorable financing 
terms. 
‘‘(4) ADVANCE
PAYMENT.—An eligible entity 
carrying out a large project under a multiyear grant 
agreement— 
‘‘(A) may use funds made available to the 
eligible entity under this title or title 49 for eli-
gible project costs of the large project; and 
‘‘(B) shall be reimbursed, at the option of 
the eligible entity, for such expenditures from 
the amount made available under the multiyear 
grant agreement for the project in that fiscal 
year or a subsequent fiscal year. 
‘‘(e) ELIGIBLE PROJECTS.— 
‘‘(1) IN GENERAL.—The Secretary may make a 
grant under this section only for a project that is a 
project eligible for assistance under this title or 
chapter 53 of title 49 and is— 
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‘‘(A) a bridge project carried out on the 
National Highway System, or that is eligible to 
be carried out under section 165; 
‘‘(B) a project to improve person through-
put that is— 
‘‘(i) a highway project carried out on 
the National Highway System, or that is 
eligible to be carried out under section 
165; 
‘‘(ii) a public transportation project; 
or 
‘‘(iii) a capital project, as such term is 
defined in section 22906 of title 49, to im-
prove intercity rail passenger transpor-
tation; or 
‘‘(C) a project to improve freight through-
put that is— 
‘‘(i) a highway freight project carried 
out on the National Highway Freight Net-
work established under section 167 or on 
the National Highway System; 
‘‘(ii) a freight intermodal, freight rail, 
or railway-highway grade crossing or grade 
separation project; or 
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‘‘(iii) within the boundaries of a public 
or private freight rail, water (including 
ports), or intermodal facility and that is a 
surface 
transportation 
infrastructure 
project necessary to facilitate direct inter-
modal interchange, transfer, or access into 
or out of the facility. 
‘‘(2) LIMITATION.— 
‘‘(A) 
CERTAIN
FREIGHT
PROJECTS.— 
Projects described in clauses (ii) and (iii) of 
paragraph (1)(C) may receive a grant under 
this section only if— 
‘‘(i) the project will make a significant 
improvement to the movement of freight 
on the National Highway System; and 
‘‘(ii) the Federal share of the project 
funds only elements of the project that 
provide public benefits. 
‘‘(B) CERTAIN
PROJECTS
FOR
PERSON 
THROUGHPUT.—Projects described in clauses 
(ii) and (iii) of paragraph (1)(B) may receive a 
grant under this section only if the project will 
make a significant improvement in mobility on 
public roads. 
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‘‘(f) ELIGIBLE PROJECT COSTS.—An eligible entity 
receiving a grant under this section may use such grant 
for— 
‘‘(1) development phase activities, including 
planning, feasibility analysis, revenue forecasting, 
environmental review, preliminary engineering and 
design work, and other preconstruction activities; 
and 
‘‘(2) construction, reconstruction, rehabilitation, 
acquisition of real property (including land related 
to the project and improvements to the land), envi-
ronmental mitigation, construction contingencies, ac-
quisition of equipment, and operational improve-
ments directly related to improving system perform-
ance. 
‘‘(g) PROJECT REQUIREMENTS.—The Secretary may 
select a project described under this section for funding 
under this section only if the Secretary determines that 
the project— 
‘‘(1) generates significant regional or national 
economic, mobility, safety, resilience, or environ-
mental benefits; 
‘‘(2) is cost effective; 
‘‘(3) is based on the results of preliminary engi-
neering; 
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‘‘(4) has secured or will secure acceptable levels 
of non-Federal financial commitments, including— 
‘‘(A) one or more stable and dependable 
sources of funding and financing to construct, 
maintain, and operate the project; and 
‘‘(B) contingency amounts to cover unan-
ticipated cost increases; 
‘‘(5) cannot be easily and efficiently completed 
without additional Federal funding or financial as-
sistance available to the project sponsor, beyond ex-
isting Federal apportionments; and 
‘‘(6) is reasonably expected to begin construc-
tion not later than 18 months after the date of obli-
gation of funds for the project. 
‘‘(h) MERIT CRITERIA AND CONSIDERATIONS.— 
‘‘(1) MERIT CRITERIA.—In awarding a grant 
under this section, the Secretary shall evaluate the 
following merit criteria: 
‘‘(A) The extent to which the project sup-
ports achieving a state of good repair. 
‘‘(B) The level of benefits the project is ex-
pected to generate, including— 
‘‘(i) the costs avoided by the preven-
tion of closure or reduced use of the asset 
to be improved by the project; 
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‘‘(ii) reductions in maintenance costs 
over the life of the asset; 
‘‘(iii) safety benefits, including the re-
duction of accidents and related costs; 
‘‘(iv) improved person or freight 
throughput, including congestion reduction 
and reliability improvements; 
‘‘(v) national and regional economic 
benefits; 
‘‘(vi) resilience benefits, including the 
ability to withstand disruptions from a 
seismic event; 
‘‘(vii) environmental benefits, includ-
ing reduction in greenhouse gas emissions 
and air quality benefits; and 
‘‘(viii) benefits to all users of the 
project, including pedestrian, bicycle, non-
vehicular, railroad, and public transpor-
tation users. 
‘‘(C) How the benefits compare to the 
costs of the project. 
‘‘(D) The average number of people or vol-
ume of freight, as applicable, supported by the 
project, including visitors based on travel and 
tourism. 
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‘‘(2) 
ADDITIONAL
CONSIDERATIONS.—In 
awarding a grant under this section, the Secretary 
shall consider the following: 
‘‘(A) Whether the project spans at least 1 
border between 2 States. 
‘‘(B) Whether the project serves low-in-
come residents of low-income communities, in-
cluding areas of persistent poverty, while not 
displacing such residents. 
‘‘(C) Whether the project uses innovative 
technologies, innovative design and construction 
techniques, or pavement materials that dem-
onstrate reductions in greenhouse gas emissions 
through sequestration or innovative manufac-
turing processes and, if so, the degree to which 
such technologies, techniques, or materials are 
used. 
‘‘(D) 
Whether 
the 
project 
improves 
connectivity between modes of transportation 
moving people or goods in the Nation or region. 
‘‘(E) Whether the project provides new or 
improved connections between at least two met-
ropolitan areas with a population of at least 
500,000. 
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‘‘(F) Whether the project would replace, 
reconstruct, or rehabilitate a commuter corridor 
(including a high-commuter corridor (as such 
term is defined in section 203(a)(6))) that is in 
poor condition. 
‘‘(G) Whether the project would improve 
the 
shared 
transportation 
corridor 
of 
a 
multistate corridor. 
‘‘(i) PROJECT SELECTION.— 
‘‘(1) EVALUATION.—To evaluate applications 
for funding under this section, the Secretary shall— 
‘‘(A) determine whether a project is eligible 
for a grant under this section; 
‘‘(B) evaluate, through a methodology that 
is discernible and transparent to the public, 
how each application addresses the merit cri-
teria pursuant to subsection (h); 
‘‘(C) assign a quality rating for each merit 
criteria for each application based on the eval-
uation in subparagraph (B); 
‘‘(D) ensure that applications receive final 
consideration by the Secretary to receive an 
award under this section only on the basis of 
such quality ratings and that the Secretary 
gives final consideration only to applications 
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that meet the minimally acceptable level for 
each of the merit criteria; and 
‘‘(E) award grants only to projects rated 
highly under the evaluation and rating process. 
‘‘(2) 
CONSIDERATIONS
FOR
LARGE 
PROJECTS.—In awarding a grant for a large project, 
the Secretary shall— 
‘‘(A) consider the amount of funds avail-
able in future fiscal years for the program 
under this section; and 
‘‘(B) assume the availability of funds in fu-
ture fiscal years for the program that extend 
beyond the period of authorization based on the 
amount made available for the program in the 
last fiscal year of the period of authorization. 
‘‘(3) GEOGRAPHIC DISTRIBUTION.—In awarding 
grants under this section, the Secretary shall ensure 
geographic diversity and a balance between rural 
and urban communities among grant recipients over 
fiscal years 2023 through 2026. 
‘‘(4) PUBLICATION OF METHODOLOGY.— 
‘‘(A) IN GENERAL.—Prior to the issuance 
of any notice of funding opportunity for grants 
under this section, the Secretary shall publish 
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and make publicly available on the Depart-
ment’s website— 
‘‘(i) a detailed explanation of the 
merit criteria developed under subsection 
(h); 
‘‘(ii) a description of the evaluation 
process under this subsection; and 
‘‘(iii) how the Secretary shall deter-
mine whether a project satisfies each of 
the requirements under subsection (g). 
‘‘(B) UPDATES.—The Secretary shall up-
date and make publicly available on the website 
of the Department of Transportation such in-
formation at any time a revision to the informa-
tion described in subparagraph (A) is made. 
‘‘(C) INFORMATION REQUIRED.—The Sec-
retary shall include in the published notice of 
funding opportunity for a grant under this sec-
tion detailed information on the rating method-
ology and merit criteria to be used to evaluate 
applications, or a reference to the information 
on the website of the Department of Transpor-
tation, as required by subparagraph (A). 
‘‘(j) FEDERAL SHARE.— 
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‘‘(1) IN GENERAL.—The Federal share of the 
cost of a project carried out with a grant under this 
section may not exceed 60 percent. 
‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—Fed-
eral assistance other than a grant under this section 
may be used to satisfy the non-Federal share of the 
cost of a project for which such a grant is made, ex-
cept that the total Federal assistance provided for a 
project receiving a grant under this section may not 
exceed 80 percent of the total project cost. 
‘‘(k) BRIDGE INVESTMENTS.—Of the amounts made 
available to carry out this section, the Secretary shall re-
serve not less than $1,000,000,000 in each fiscal year to 
make grants for projects described in subsection (e)(1)(A). 
‘‘(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 this title to a 
highway project; 
‘‘(B) the requirements of chapter 53 of 
title 49 to a public transportation project; and 
‘‘(C) the requirements of section 22905 of 
title 49 to a passenger rail or freight rail 
project. 
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‘‘(2) MULTIMODAL PROJECTS.— 
‘‘(A) IN GENERAL.—Except as otherwise 
provided in this paragraph, if an eligible project 
is a multimodal project, the Secretary shall— 
‘‘(i) determine the predominant modal 
component of the project; and 
‘‘(ii) apply the applicable requirements 
of such predominant modal component to 
the project. 
‘‘(B) EXCEPTIONS.— 
‘‘(i) PASSENGER
OR
FREIGHT
RAIL 
COMPONENT.—For 
any 
passenger 
or 
freight rail component of a project, the re-
quirements of section 22907(j)(2) of title 
49 shall apply. 
‘‘(ii) PUBLIC TRANSPORTATION COM-
PONENT.—For any public transportation 
component of a project, the requirements 
of section 5333 of title 49 shall apply. 
‘‘(C) BUY AMERICA.—In applying the Buy 
America 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— 
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‘‘(i) consider the various modal com-
ponents of the project; and 
‘‘(ii) seek to maximize domestic jobs. 
‘‘(m) TIFIA PROGRAM.—At the request of an eligible 
entity under this section, the Secretary may use amounts 
awarded to the entity to pay subsidy and administrative 
costs necessary to provide the entity Federal credit assist-
ance under chapter 6 with respect to the project for which 
the grant was awarded. 
‘‘(n) ADMINISTRATION.—Of the amounts made avail-
able to carry out this section, the Secretary may use up 
to $5,000,000 in each fiscal year for the costs of admin-
istering the program under this section. 
‘‘(o) TECHNICAL
ASSISTANCE.—Of the amounts 
made available to carry out this section, the Secretary may 
reserve up to $5,000,000 to provide technical assistance 
to eligible entities. 
‘‘(p) CONGRESSIONAL REVIEW.— 
‘‘(1) NOTIFICATION.—Not less than 60 days be-
fore making an award under this section, the Sec-
retary shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Environment and Pub-
lic Works, the Committee on Banking, Housing, and 
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Urban Affairs, and the Committee on Commerce, 
Science, and Transportation of the Senate— 
‘‘(A) a list of all applications determined to 
be eligible for a grant by the Secretary; 
‘‘(B) the quality ratings assigned to each 
application pursuant to subsection (i); 
‘‘(C) a list of applications that received 
final consideration by the Secretary to receive 
an award under this section; 
‘‘(D) each application proposed to be se-
lected for a grant award; 
‘‘(E) proposed grant amounts, including 
for each new multiyear grant agreement, the 
proposed payout schedule for the project; and 
‘‘(F) an analysis of the impacts of any 
large projects proposed to be selected on exist-
ing commitments and anticipated funding levels 
for the next 4 fiscal years, based on information 
available to the Secretary at the time of the re-
port. 
‘‘(2) COMMITTEE REVIEW.—Before the last day 
of the 60-day period described in paragraph (1), 
each Committee described in paragraph (1) shall re-
view the Secretary’s list of proposed projects. 
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‘‘(3) CONGRESSIONAL DISAPPROVAL.—The Sec-
retary may not make a grant or any other obligation 
or commitment to fund a project under this section 
if a joint resolution is enacted disapproving funding 
for the project before the last day of the 60-day pe-
riod described in paragraph (1). 
‘‘(q) TRANSPARENCY.— 
‘‘(1) IN
GENERAL.—Not later than 30 days 
after awarding a grant for a project under this sec-
tion, the Secretary shall send to all applicants, and 
publish on the website of the Department of Trans-
portation— 
‘‘(A) a summary of each application made 
to the program for the grant application period; 
and 
‘‘(B) the evaluation and justification for 
the project selection, including ratings assigned 
to all applications and a list of applications that 
received final consideration by the Secretary to 
receive an award under this section, for the 
grant application period. 
‘‘(2) BRIEFING.—The Secretary shall provide, 
at the request of a grant applicant under this sec-
tion, the opportunity to receive a briefing to explain 
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any reasons the grant applicant was not awarded a 
grant. 
‘‘(r) DEFINITION OF ELIGIBLE ENTITY.—In this sec-
tion, the term ‘eligible entity’ means— 
‘‘(1) a State or a group of States; 
‘‘(2) a unit of local government, including a 
metropolitan planning organization, or a group of 
local governments; 
‘‘(3) a political subdivision of a State or local 
government; 
‘‘(4) a special purpose district or public author-
ity with a transportation function, including a port 
authority; 
‘‘(5) an Indian Tribe or Tribal organization; 
‘‘(6) a Federal agency eligible to receive funds 
under section 201, 203, or 204, including the Army 
Corps of Engineers, Bureau of Reclamation, and the 
Bureau of Land Management, that applies jointly 
with a State or group of States; 
‘‘(7) a territory; and 
‘‘(8) a multistate or multijurisdictional group of 
entities described in this subsection.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by strik-
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ing the item relating to section 117 and inserting the fol-
lowing: 
‘‘117. Projects of national and regional significance.’’. 
SEC. 1302. COMMUNITY TRANSPORTATION INVESTMENT 
GRANT PROGRAM. 
(a) IN GENERAL.—Chapter 1 of title 23, United 
States Code, as amended by this title, is further amended 
by adding at the end the following: 
‘‘§ 173. Community transportation investment grant 
program 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a community transportation investment grant pro-
gram to improve surface transportation safety, state of 
good repair, accessibility, and environmental quality 
through infrastructure investments. 
‘‘(b) GRANT AUTHORITY.— 
‘‘(1) IN GENERAL.—In carrying out the pro-
gram established under subsection (a), the Secretary 
shall make grants, on a competitive basis, to eligible 
entities in accordance with this section. 
‘‘(2) GRANT AMOUNT.—The maximum amount 
of a grant under this section shall be $25,000,000. 
‘‘(c) APPLICATIONS.—To be eligible for a grant under 
this section, an eligible entity shall submit to the Secretary 
an application in such form, at such time, and containing 
such information as the Secretary may require. 
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‘‘(d) ELIGIBLE PROJECT COSTS.—Grant amounts for 
an eligible project carried out under this section may be 
used for— 
‘‘(1) development phase activities, including 
planning, feasibility analysis, revenue forecasting, 
environmental review, preliminary engineering and 
design work, and other preconstruction activities; 
and 
‘‘(2) construction, reconstruction, rehabilitation, 
acquisition of real property (including land related 
to the project and improvements to such land), envi-
ronmental mitigation, construction contingencies, ac-
quisition of equipment, and operational improve-
ments. 
‘‘(e) RURAL AND COMMUNITY SETASIDES.— 
‘‘(1) IN
GENERAL.—The Secretary shall re-
serve— 
‘‘(A) not less than 25 percent of the 
amounts made available to carry out this sec-
tion for projects located in rural areas; and 
‘‘(B) not less than 25 percent of the 
amounts made available to carry out this sec-
tion for projects located in areas with a popu-
lation greater than 74,999 individuals and 
fewer than 200,001 individuals. 
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‘‘(2) DEFINITION
OF
RURAL
AREA.—In this 
subsection, the term ‘rural area’ means all areas of 
a State or territory that are outside of an urbanized 
area with a population greater than 74,999 individ-
uals, as determined by the Bureau of the Census. 
‘‘(3) INVESTMENTS IN COLONIAS.— 
‘‘(A) IN GENERAL.—Of the grants made 
available under this section, for fiscal years 
2023 through 2026, a total of not less than 
$20,000,000 shall be made available to provide 
grants that improve the safety, state of good re-
pair, or connectivity of surface transportation 
infrastructure eligible under this section in and 
providing access to, colonias. 
‘‘(B) 
RURAL
AND
COMMUNITY
SET 
ASIDES.—Funds made available under this sec-
tion in areas described in paragraphs (1)(A) or 
(1)(B) shall count toward the set aside de-
scribed in the applicable paragraph. 
‘‘(C) COLONIA
DEFINED.—In this sub-
section, the term ‘colonia’ means any identifi-
able community that— 
‘‘(i) is in the State of Arizona, Cali-
fornia, New Mexico, or Texas; 
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‘‘(ii) is in the area of the United 
States within 150 miles of the border be-
tween the United States and Mexico, ex-
cept that the term does not include any 
standard metropolitan statistical area that 
has a population exceeding 1,000,000; and 
‘‘(iii) is determined to be a colonia on 
the basis of objective criteria, including 
lack of potable water supply, lack of ade-
quate sewage systems, and lack of decent, 
safe, and sanitary housing. 
‘‘(4) EXCESS FUNDING.—If the Secretary de-
termines that there are insufficient qualified appli-
cants to use the funds set aside under this sub-
section, the Secretary may use such funds for grants 
for any projects eligible under this section. 
‘‘(f) EVALUATION.—To evaluate applications under 
this section, the Secretary shall— 
‘‘(1) develop a process to objectively evaluate 
applications on the benefits of the project proposed 
in such application— 
‘‘(A) to transportation safety, including re-
ductions in traffic fatalities and serious injuries; 
‘‘(B) to state of good repair, including im-
proved condition of bridges and pavements; 
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‘‘(C) to transportation system access, in-
cluding improved access to jobs and services; 
and 
‘‘(D) in reducing greenhouse gas emis-
sions; 
‘‘(2) develop a rating system to assign a nu-
meric value to each application, based on each of the 
criteria described in paragraph (1); 
‘‘(3) for each application submitted, compare 
the total benefits of the proposed project, as deter-
mined by the rating system developed under para-
graph (2), with the costs of such project, and rank 
each application based on the results of the compari-
son; and 
‘‘(4) ensure that only such applications that are 
ranked highly based on the results of the comparison 
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 
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‘‘(2) each application has the same possible 
minimum and maximum rating, regardless of any 
differences in the weighting of criteria. 
‘‘(h) TRANSPARENCY.— 
‘‘(1) PUBLICLY
AVAILABLE
INFORMATION.— 
Prior to the issuance of any notice of funding oppor-
tunity under this section, the Secretary shall make 
publicly available on the website of the Department 
of Transportation a detailed explanation of the eval-
uation and rating process developed under sub-
section (f), including any differences in the 
weighting of criteria pursuant to subsection (g), if 
applicable, and update such website for each revision 
of the evaluation and rating process. 
‘‘(2) NOTIFICATIONS TO CONGRESS.—The Sec-
retary shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives, the Committee on Environment and Public 
Works of the Senate, the Committee on Banking, 
Housing, and Urban Affairs of the Senate, and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate the following written notifica-
tions: 
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‘‘(A) A notification when the Secretary 
publishes or updates the information required 
under paragraph (1). 
‘‘(B) Not later than 30 days prior to the 
date on which the Secretary awards a grant 
under this section, a notification that in-
cludes— 
‘‘(i) the ratings of each application 
submitted pursuant to subsection (f)(2); 
‘‘(ii) the ranking of each application 
submitted pursuant to subsection (f)(3); 
and 
‘‘(iii) a list of all applications that re-
ceive final consideration by the Secretary 
to receive an award under this section pur-
suant to subsection (f)(4). 
‘‘(C) Not later than 3 business days prior 
to the date on which the Secretary announces 
the award of a grant under this section, a noti-
fication describing each grant to be awarded, 
including the amount and the recipient. 
‘‘(i) TECHNICAL
ASSISTANCE.—Of the amounts 
made available to carry out this section, the Secretary may 
reserve up to $3,000,000 in each fiscal year to provide 
technical assistance to eligible entities. 
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‘‘(j) ADMINISTRATION.—Of the amounts made avail-
able to carry out this section, the Secretary may reserve 
up to $5,000,000 for the administrative costs of carrying 
out the program under this section. 
‘‘(k) TREATMENT OF PROJECTS.— 
‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 
shall, with respect to a project funded by a grant 
under this section, apply— 
‘‘(A) the requirements of this title to a 
highway project; 
‘‘(B) the requirements of chapter 53 of 
title 49 to a public transportation project; and 
‘‘(C) the requirements of section 22905 of 
title 49 to a passenger rail or freight rail 
project. 
‘‘(2) MULTIMODAL PROJECTS.— 
‘‘(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.— 
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‘‘(i) PASSENGER
OR
FREIGHT
RAIL 
COMPONENT.—For 
any 
passenger 
or 
freight rail component of a project, the re-
quirements of section 22907(j)(2) of title 
49 shall apply. 
‘‘(ii) PUBLIC TRANSPORTATION COM-
PONENT.—For any public transportation 
component of a project, the requirements 
of section 5333 of title 49 shall apply. 
‘‘(C) BUY AMERICA.—In applying the Buy 
America requirements under section 313 of this 
title and sections 5320, 22905(a), and 24305(f) 
of title 49 to a multimodal project under this 
paragraph, the Secretary shall— 
‘‘(i) consider the various modal com-
ponents of the project; and 
‘‘(ii) seek to maximize domestic jobs. 
‘‘(l) TRANSPARENCY.— 
‘‘(1) IN
GENERAL.—Not later than 30 days 
after awarding a grant for a project under this sec-
tion, the Secretary shall send to all applicants, and 
publish on the website of the Department of Trans-
portation— 
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‘‘(A) a summary of each application made 
to the program for the grant application period; 
and 
‘‘(B) the evaluation and justification for 
the project selection, including ratings and 
rankings assigned to all applications and a list 
of applications that received final consideration 
by the Secretary to receive an award under this 
section, for the grant application period. 
‘‘(2) BRIEFING.—The Secretary shall provide, 
at the request of a grant applicant under this sec-
tion, the opportunity to receive a briefing to explain 
any reasons the grant applicant was not awarded a 
grant. 
‘‘(m) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) a metropolitan planning organization; 
‘‘(B) a unit of local government; 
‘‘(C) a transit agency; 
‘‘(D) an Indian Tribe or Tribal organiza-
tion; 
‘‘(E) a multijurisdictional group of entities 
described in this paragraph; 
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(B) the level of coordination between the 
applicant and— 
(i) the State department of transpor-
tation of the State or States in which the 
metropolitan planning area or unit of local 
government represented by the applicant is 
located; 
(ii) local governments, the metropoli-
tan planning organization, and providers of 
public transportation within the area rep-
resented by the applicant; and 
(iii) if more than one metropolitan 
planning organization is designated within 
an urbanized area represented by the ap-
plicant, any other such metropolitan plan-
ning organization; 
(C) in the case of an applicant that rep-
resents an urbanized area population of greater 
than 200,000, the effectiveness of project deliv-
ery and timely obligation of funds made avail-
able under section 133(d)(1)(A)(i) of title 23, 
United States Code; 
(D) if the applicant or a local government 
within the metropolitan planning area that the 
applicant represents has been the recipient of a 
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(2) the total number of qualified apprentices 
and historically underrepresented populations em-
ployed; 
(3) the total number of grant recipients that 
met or exceeded the apprenticeship employment and 
the goals for the percentage of total workhours per-
formed by historically under-represented populations 
under subsection (a)(1)(C); 
(4) best practices utilized by grant recipients 
that met or exceeded the apprenticeship employment 
goal and the goals for the percentage of total 
workhours performed by historically under-rep-
resented populations under subsection (a)(1)(C); and 
(5) a summary of agency oversight of grant re-
cipients’ fulfillment of certification terms under this 
section. 
(d) PUBLIC TRANSPARENCY.—At the end of each fis-
cal year, the Secretary shall make available on a public 
website information on the utilization of qualified appren-
tices in the preceding fiscal year for each grant program 
under sections 117 and 173 of title 23, United States 
Code, and section 1311 of this Act, including— 
(1) the total number of grant applicants that 
certified they would be able to meet or exceed the 
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