DIVISION A—FEDERAL SURFACE TRANSPORTATION PROGRAMS 
FOR FISCAL YEAR 2021 
Sec. 101. Extension of Federal surface transportation programs. 
Sec. 102. Federal Highway Administration. 
Sec. 103. Federal Transit Administration. 
Sec. 104. National Highway Traffic Safety Administration. 
Sec. 105. Federal Motor Carrier Safety Administration. 
Sec. 106. Definitions. 
DIVISION B—SURFACE TRANSPORTATION 
Sec. 1001. Applicability of division. 
TITLE I—FEDERAL-AID HIGHWAYS 
Subtitle A—Authorizations and Program Conditions 
Sec. 1101. Authorization of appropriations. 
Sec. 1102. Obligation limitation. 
Sec. 1103. Definitions and declaration of policy. 
Sec. 1104. Apportionment. 
Sec. 1105. Additional deposits into Highway Trust Fund. 
Sec. 1106. Transparency. 
Sec. 1107. Complete and context sensitive street design. 
Sec. 1108. Innovative project delivery Federal share. 
Sec. 1109. Transferability of Federal-aid highway funds. 
Sec. 1110. Tolling. 
Sec. 1111. HOV facilities. 
Sec. 1112. Buy America. 
Subtitle B—Programmatic Infrastructure Investment 
Sec. 1201. National highway performance program. 
Sec. 1202. Increasing the resilience of transportation assets. 
Sec. 1203. Emergency relief. 
Sec. 1204. Railway crossings. 
Sec. 1205. Surface transportation program. 
Sec. 1206. Transportation alternatives program. 
Sec. 1207. Bridge investment. 
Sec. 1208. Construction of ferry boats and ferry terminal facilities. 
Sec. 1209. Highway safety improvement program. 
Sec. 1210. Congestion mitigation and air quality improvement program. 
Sec. 1211. Electric vehicle charging stations. 
Sec. 1212. National highway freight program. 
Sec. 1213. Carbon pollution reduction. 
Sec. 1214. Recreational trails. 
Sec. 1215. Safe routes to school program. 
Sec. 1216. Bicycle transportation and pedestrian walkways. 
Subtitle C—Project-Level Investments 
Sec. 1301. Projects of national and regional significance. 
Sec. 1302. Community transportation investment grant program. 
Sec. 1303. Grants for charging and fueling infrastructure to modernize and re-
connect America for the 21st century. 
Sec. 1304. Community climate innovation grants. 
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Sec. 1305. Metro performance program. 
Sec. 1306. Gridlock reduction grant program. 
Sec. 1307. Rebuild rural grant program. 
Sec. 1308. Parking for commercial motor vehicles. 
Sec. 1309. Active transportation connectivity grant program. 
Subtitle D—Planning, Performance Management, and Asset Management 
Sec. 1401. Metropolitan transportation planning. 
Sec. 1402. Statewide and nonmetropolitan transportation planning. 
Sec. 1403. National goals and performance management measures. 
Sec. 1404. Transportation demand data and modeling study. 
Subtitle E—Federal Lands, Tribes, and Territories 
Sec. 1501. Territorial and Puerto Rico highway program. 
Sec. 1502. Tribal transportation program. 
Sec. 1503. Tribal High Priority Projects program. 
Sec. 1504. Federal lands transportation program. 
Sec. 1505. Federal lands and Tribal major projects program. 
Sec. 1506. Office of Tribal Government Affairs. 
Sec. 1507. Alternative contracting methods. 
Sec. 1508. Divestiture of federally owned bridges. 
Subtitle F—Additional Provisions 
Sec. 1601. Toward zero deaths. 
Sec. 1602. Speed limits. 
Sec. 1603. Broadband infrastructure deployment. 
Sec. 1604. Appalachian development highway system funding flexibility. 
Sec. 1605. Stormwater best management practices. 
Sec. 1606. Pedestrian right-of-way. 
Sec. 1607. Highway formula modernization report. 
Sec. 1608. Consolidation of programs. 
Sec. 1609. Student outreach report to Congress. 
Sec. 1610. Task force on developing a 21st century surface transportation 
workforce. 
Sec. 1611. On-the-job training and supportive services. 
Sec. 1612. Work zone safety. 
Sec. 1613. Transportation education development program. 
Sec. 1614. Working group on construction resources. 
TITLE II—PUBLIC TRANSPORTATION 
Subtitle A—Federal Transit Administration 
Sec. 2101. Authorizations. 
Sec. 2102. Chapter 53 definitions. 
Sec. 2103. General provisions. 
Sec. 2104. Miscellaneous provisions. 
Sec. 2105. Policies and purposes. 
Sec. 2106. Fiscal year 2022 formulas. 
Subtitle B—Improving Frequency and Ridership 
Sec. 2201. Multi-jurisdictional bus frequency and ridership competitive grants. 
Sec. 2202. Incentivizing frequency in the urban formula. 
Sec. 2203. Mobility innovation. 
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Sec. 2204. Formula grants for rural areas. 
Sec. 2205. One-stop paratransit program. 
Subtitle C—Buy America and Other Procurement Reforms 
Sec. 2301. Buy America. 
Sec. 2302. Bus procurement streamlining. 
Sec. 2303. Bus testing facility. 
Subtitle D—Bus Grant Reforms 
Sec. 2401. Formula grants for buses. 
Sec. 2402. Bus facilities and fleet expansion competitive grants. 
Sec. 2403. Zero emission bus grants. 
Sec. 2404. Restoration to state of good repair formula subgrant. 
Subtitle E—Supporting All Riders 
Sec. 2501. Low-income urban formula funds. 
Sec. 2502. Rural persistent poverty formula. 
Sec. 2503. Demonstration grants to support reduced fare transit. 
Subtitle F—Supporting Frontline Workers and Passenger Safety 
Sec. 2601. National transit frontline workforce training center. 
Sec. 2602. Public transportation safety program. 
Sec. 2603. Automated vehicle transit workforce standards. 
Sec. 2604. Performance-based metrics. 
Subtitle G—Transit-Supportive Communities 
Sec. 2701. Transit-supportive communities. 
Sec. 2702. Property disposition for affordable housing. 
Sec. 2703. Affordable housing incentives in capital investment grants. 
Subtitle H—Innovation 
Sec. 2801. Mobility innovation sandbox program. 
Sec. 2802. Transit bus operator compartment redesign program. 
Sec. 2803. Federal Transit Administration Every Day Counts initiative. 
Sec. 2804. Technical corrections. 
Subtitle I—Other Program Reauthorizations 
Sec. 2901. Reauthorization for capital and preventive maintenance projects for 
Washington Metropolitan Area Transit Authority. 
Sec. 2902. Other apportionments. 
Subtitle J—Streamlining 
Sec. 2911. Fixed guideway capital investment grants. 
Sec. 2912. Rural and small urban apportionment deadline. 
Sec. 2913. Disposition of assets beyond useful life. 
Sec. 2914. Innovative coordinated access and mobility. 
TITLE III—HIGHWAY TRAFFIC SAFETY 
Sec. 3001. Authorization of appropriations. 
Sec. 3002. Highway safety programs. 
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Sec. 3003. Traffic safety enforcement grants. 
Sec. 3004. Highway safety research and development. 
Sec. 3005. Grant program to prohibit racial profiling. 
Sec. 3006. High-visibility enforcement program. 
Sec. 3007. National priority safety programs. 
Sec. 3008. Minimum penalties for repeat offenders for driving while intoxicated 
or driving under the influence. 
Sec. 3009. National priority safety program grant eligibility. 
TITLE IV—MOTOR CARRIER SAFETY 
Subtitle A—Motor Carrier Safety Grants, Operations, and Programs 
Sec. 4101. Motor carrier safety grants. 
Sec. 4102. Motor carrier safety operations and programs. 
Subtitle B—Motor Carrier Safety Oversight 
Sec. 4201. Motor carrier safety advisory committee. 
Sec. 4202. Compliance, safety, accountability. 
Sec. 4203. Terms and conditions for exemptions. 
Sec. 4204. Safety fitness of motor carriers of passengers. 
Subtitle C—Commercial Motor Vehicle Driver Safety 
Sec. 4301. Commercial drivers license for passenger carriers. 
Sec. 4302. Alcohol and controlled substances testing. 
Sec. 4303. Entry-level driver training. 
Sec. 4304. Driver detention time. 
Sec. 4305. Truck Leasing Task Force. 
Sec. 4306. Hours of service. 
Sec. 4307. Driver recruitment. 
Subtitle D—Commercial Motor Vehicle and School Bus Safety 
Sec. 4401. School bus safety standards. 
Sec. 4402. Illegal passing of school buses. 
Sec. 4403. State inspection of passenger-carrying commercial motor vehicles. 
Sec. 4404. Automatic emergency braking. 
Sec. 4405. Underride protection. 
Sec. 4406. Transportation of horses. 
TITLE V—INNOVATION 
Sec. 5001. Authorization of appropriations. 
Subtitle A—Research and Development 
Sec. 5101. Highway research and development program. 
Sec. 5102. Materials to reduce greenhouse gas emissions program. 
Sec. 5103. Transportation research and development 5-year strategic plan. 
Sec. 5104. University transportation centers program. 
Sec. 5105. Unsolicited research initiative. 
Sec. 5106. National cooperative multimodal freight transportation research pro-
gram. 
Sec. 5107. Wildlife-vehicle collision reduction and habitat connectivity improve-
ment. 
Sec. 5108. Research activities. 
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Subtitle B—Technology Deployment 
Sec. 5201. Technology and innovation deployment program. 
Sec. 5202. Accelerated implementation and deployment of pavement tech-
nologies. 
Sec. 5203. Federal Highway Administration Every Day Counts Initiative. 
Subtitle C—Emerging Technologies 
Sec. 5301. Safe, efficient mobility through advanced technologies. 
Sec. 5302. Intelligent transportation systems program. 
Sec. 5303. National highly automated vehicle and mobility innovation clearing-
house. 
Sec. 5304. Study on safe interactions between automated vehicles and road 
users. 
Sec. 5305. Nontraditional and Emerging Transportation Technology Council. 
Sec. 5306. Hyperloop transportation. 
Subtitle D—Surface Transportation Funding Pilot Programs 
Sec. 5401. State surface transportation system funding pilots. 
Sec. 5402. National surface transportation system funding pilot. 
Subtitle E—Miscellaneous 
Sec. 5501. Ergonomic seating working group. 
Sec. 5502. Repeal of section 6314 of title 49, United States Code. 
Sec. 5503. Reports. 
TITLE VI—MULTIMODAL TRANSPORTATION 
Sec. 6001. National multimodal freight policy. 
Sec. 6002. National freight strategic plan. 
Sec. 6003. National multimodal freight network. 
Sec. 6004. State freight advisory committees. 
Sec. 6005. State freight plans. 
Sec. 6006. Study of freight transportation fee. 
Sec. 6007. National Surface Transportation and Innovative Finance Bureau. 
Sec. 6008. Local hire. 
TITLE VII—TRANSPORTATION INFRASTRUCTURE FINANCE AND 
INNOVATION ACT 
Sec. 7001. Transportation Infrastructure Finance and Innovation Act. 
DIVISION C—HAZARDOUS MATERIALS TRANSPORTATION 
Sec. 8001. Short title. 
TITLE I—AUTHORIZATIONS 
Sec. 8101. Authorization of appropriations. 
TITLE II—HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT 
Sec. 8201. Repeal of certain requirements related to lithium cells and batteries. 
Sec. 8202. Transportation of liquefied natural gas by rail tank car. 
Sec. 8203. Hazardous materials training requirements and grants. 
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Sec. 8204. Study on hazardous materials transported by commercial motor ve-
hicles on highway-rail grade crossings. 
DIVISION D—RAIL 
Sec. 9001. Short title. 
TITLE I—AUTHORIZATIONS 
Sec. 9101. Authorization of appropriations. 
Sec. 9102. Passenger rail improvement, modernization, and expansion grants. 
Sec. 9103. Consolidated rail infrastructure and safety improvement grants. 
Sec. 9104. Railroad rehabilitation and improvement financing. 
Sec. 9105. Buy America. 
Sec. 9106. Rail network climate change vulnerability assessment. 
TITLE II—AMTRAK REFORMS 
Sec. 9201. Amtrak findings, mission, and goals. 
Sec. 9202. Amtrak status. 
Sec. 9203. Board of Directors. 
Sec. 9204. Amtrak preference enforcement. 
Sec. 9205. Use of facilities and providing services to Amtrak. 
Sec. 9206. Prohibition on mandatory arbitration. 
Sec. 9207. Amtrak ADA assessment. 
Sec. 9208. Prohibition on smoking on Amtrak trains. 
Sec. 9209. State-supported routes operated by Amtrak. 
Sec. 9210. Amtrak Police Department. 
Sec. 9211. Amtrak food and beverage. 
Sec. 9212. Clarification on Amtrak contracting out. 
Sec. 9213. Amtrak staffing. 
Sec. 9214. Special transportation. 
Sec. 9215. Disaster and emergency relief program. 
Sec. 9216. Recreational trail access. 
TITLE III—INTERCITY PASSENGER RAIL POLICY 
Sec. 9301. Northeast Corridor Commission. 
Sec. 9302. Northeast Corridor planning. 
Sec. 9303. Protective arrangements. 
Sec. 9304. High-speed rail funds. 
TITLE IV—COMMUTER RAIL POLICY 
Sec. 9401. Surface Transportation Board mediation of trackage use requests. 
Sec. 9402. Surface Transportation Board mediation of rights-of-way use re-
quests. 
TITLE V—RAIL SAFETY 
Subtitle A—Passenger and Freight Safety 
Sec. 9501. National Academies study on safety impact of trains longer than 
7,500 feet. 
Sec. 9502. GAO study on changes in freight railroad operating and scheduling 
practices. 
Sec. 9503. FRA safety reporting. 
Sec. 9504. Waiver notice requirements. 
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Sec. 9505. Notice of FRA comprehensive safety assessments. 
Sec. 9506. FRA accident and incident investigations. 
Sec. 9507. Rail safety improvements. 
Sec. 9508. Annual review of speed limit action plans. 
Sec. 9509. Freight train crew size safety standards. 
Sec. 9510. Safe cross border operations. 
Sec. 9511. Yardmasters hours of service. 
Sec. 9512. Leaking brakes. 
Sec. 9513. Annual report on PTC system failures. 
Sec. 9514. Fatigue reduction pilot projects. 
Sec. 9515. Assault prevention and response plans. 
Sec. 9516. Critical incident stress plans. 
Sec. 9517. Study on safety culture assessments. 
Subtitle B—Grade Crossing Safety 
Sec. 9551. Grade crossing separation grant. 
Sec. 9552. Rail safety public awareness grant. 
Sec. 9553. Establishment of 10-minute time limit for blocking public grade 
crossings. 
Sec. 9554. National strategy to address blocked crossings. 
Sec. 9555. Railroad point of contact for blocked crossing matters. 
DIVISION A—FEDERAL SURFACE 
TRANSPORTATION 
PRO-
GRAMS 
FOR 
FISCAL 
YEAR 
2021 
SEC. 101. EXTENSION OF FEDERAL SURFACE TRANSPOR-
TATION PROGRAMS. 
(a) EXTENSION OF FEDERAL SURFACE TRANSPOR-
TATION PROGRAMS.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this division, the requirements, authorities, 
conditions, eligibilities, limitations, and other provi-
sions authorized under the covered laws, which 
would otherwise expire on or cease to apply after 
September 30, 2020, are incorporated by reference 
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and shall continue in effect through September 30, 
2021. 
(2) AUTHORIZATION OF APPROPRIATIONS.— 
(A) HIGHWAY TRUST FUND.— 
(i) HIGHWAY ACCOUNT.— 
(I) IN GENERAL.—Except as pro-
vided in subclause (II), there is au-
thorized to be appropriated from the 
Highway Account for fiscal year 2021, 
for each program under the covered 
laws with respect to which amounts 
are authorized to be appropriated 
from such account for fiscal year 
2020, an amount equal to the amount 
authorized for appropriation with re-
spect to the program from such ac-
count for fiscal year 2020. 
(II) 
ADMINISTRATIVE
EX-
PENSES.—Notwithstanding any other 
provision of this division, there is au-
thorized to be appropriated from the 
Highway Account for fiscal year 
2021— 
(aa) $502,897,049 for ad-
ministrative expenses of the Fed-
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eral Highway Administration, as 
described in section 104(a) of 
title 23, United States Code; and 
(bb) $30,086,000 for grant 
administrative expenses of the 
National Highway Traffic Safety 
Administration, as described in 
section 4001(a)(6) of the FAST 
Act (Public Law 114–94). 
(ii) MASS TRANSIT ACCOUNT.—There 
is authorized to be appropriated from the 
Mass Transit Account for fiscal year 2021, 
for each program under the covered laws 
with respect to which amounts are author-
ized to be appropriated from such account 
for fiscal year 2020, an amount equal to 
the amount authorized for appropriation 
with respect to the program from such ac-
count for fiscal year 2020. 
(B) GENERAL FUND.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), there is authorized to be ap-
propriated for fiscal year 2021, for each 
program with respect to which amounts 
are authorized to be appropriated for fiscal 
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year 2020 from an account other than the 
Highway Account or the Mass Transit Ac-
count under the titles described in sub-
section (b)(1), an amount not less than the 
amount authorized for appropriation with 
respect to the program under such titles 
for fiscal year 2020. 
(ii) ADMINISTRATIVE
EXPENSES.— 
Notwithstanding any other provision of 
this division, there is authorized to be ap-
propriated from the general fund of the 
Treasury 
for 
fiscal 
year 
2021 
$140,016,543 for administrative expenses 
of the Federal Transit Administration. 
(3) USE OF FUNDS.—Except as otherwise pro-
vided in this division, amounts authorized to be ap-
propriated for fiscal year 2021 with respect to a pro-
gram under paragraph (2) shall be distributed, ad-
ministered, limited, and made available for obliga-
tion in the same manner as amounts authorized to 
be appropriated with respect to the program for fis-
cal year 2020 under the covered laws. 
(4) OBLIGATION LIMITATION.—A program for 
which amounts are authorized to be appropriated 
under paragraph (2)(A) shall be subject to a limita-
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tion on obligations for fiscal year 2021 in the same 
amount and in the same manner as the limitation 
applicable with respect to the program for fiscal year 
2020 under the Department of Transportation Ap-
propriations Act, 2020 (Public Law 116–94), as in 
effect on December 20, 2019. 
(b) DEFINITIONS.—In this section, the term ‘‘covered 
laws’’ means the following: 
(1) Titles I, III, IV, V, and VI of division A of 
the FAST Act (Public Law 114–94). 
(2) Division A, division B, subtitle A of title I 
and title II of division C, and division E of MAP– 
21 (Public Law 112–141). 
(3) Titles I, II, and III of the SAFETEA–LU 
Technical Corrections Act of 2008 (Public Law 110– 
244). 
(4) Titles I, II, III, IV, V, and VI of 
SAFETEA–LU (Public Law 109–59). 
(5) Titles I, II, III, IV, and V of the Transpor-
tation Equity Act for the 21st Century (Public Law 
105–178). 
(6) Titles II, III, and IV of the National High-
way System Designation Act of 1995 (Public Law 
104–59). 
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(7) Title I, part A of title II, title III, title IV, 
title V, and title VI of the Intermodal Surface 
Transportation Efficiency Act of 1991 (Public Law 
102–240). 
(8) Title 23, United States Code. 
(9) Sections 116, 117, 330, and 5505 and 
chapters 53, 139, 303, 311, 313, 701, and 702 of 
title 49, United States Code. 
SEC. 102. FEDERAL HIGHWAY ADMINISTRATION. 
(a) ADDITIONAL AMOUNTS.— 
(1) AUTHORIZATION OF APPROPRIATIONS.— 
(A) IN GENERAL.—In addition to amounts 
authorized under section 101, there is author-
ized to be appropriated from the Highway Ac-
count for fiscal year 2021, for activities under 
this section, $14,742,808,640. 
(B) CONTRACT AUTHORITY.—Amounts au-
thorized to be appropriated under subparagraph 
(A) shall be available for obligation as if appor-
tioned under chapter 1 of title 23, United 
States Code. 
(2) OBLIGATION CEILING.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, for fiscal year 2021, ob-
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ligations for activities authorized under para-
graph (1) shall not exceed $14,742,808,640. 
(B) DISTRIBUTION
OF
OBLIGATION
AU-
THORITY.— 
(i) IN
GENERAL.—Of the obligation 
authority provided under subparagraph 
(A), the Secretary shall make available to 
States, Tribes, Puerto Rico, the territories, 
and Federal land management agencies, 
during the period of fiscal year 2021, 
amounts of obligation authority equal to 
the amounts described in subparagraphs 
(A) through (E) of paragraph (3), respec-
tively. 
(ii) FURTHER
DISTRIBUTION.—Each 
State, each Tribe, Puerto Rico, each terri-
tory, and each Federal land management 
agency receiving funds under subpara-
graphs (A) through (E) of paragraph (3), 
respectively, shall receive an amount of ob-
ligation authority equal to the funds that 
it receives under any of such subpara-
graphs. 
(C) REDISTRIBUTION OF UNUSED OBLIGA-
TION AUTHORITY.— 
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(i) IN
GENERAL.—Notwithstanding 
subparagraph (B), the Secretary shall, 
after August 1 of fiscal year 2021— 
(I) revise a distribution of the ob-
ligation 
authority 
made 
available 
under subparagraph (B) if an amount 
distributed cannot be obligated during 
that fiscal year; and 
(II) 
redistribute 
sufficient 
amounts to those States able to obli-
gate amounts in addition to those pre-
viously distributed during that fiscal 
year, giving priority to those States 
having large unobligated balances of 
funds apportioned under sections 144 
(as in effect on the day before the 
date of enactment of MAP–21 (Public 
Law 112–141)) and 104 of title 23, 
United States Code. 
(ii) ADMINISTRATION.—The Secretary 
shall administer a redistribution under 
clause (i) of obligation authority provided 
under subparagraph (B) in a similar man-
ner as the standard August redistribution. 
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(iii) USE
OF
OBLIGATION
AUTHOR-
ITY.—A State may use obligation authority 
that it receives pursuant to this subpara-
graph in the same manner that it uses ob-
ligation authority that it receives as part of 
the standard August redistribution. 
(3) DISTRIBUTION
OF
FUNDS.—Amounts au-
thorized to be appropriated for fiscal year 2021 
under paragraph (1) shall be distributed as follows: 
(A) $14,384,629,710 to the States. 
(B) $167,481,814 to Tribes. 
(C) $52,400,251 to Puerto Rico. 
(D) $13,929,181 to the territories. 
(E) $124,367,684 to Federal land manage-
ment agencies. 
(4) STATE FUNDS.— 
(A) DISTRIBUTION.— 
(i) IN
GENERAL.—Amounts made 
available under paragraph (3)(A) shall be 
distributed among the States in the same 
ratio as total State apportionments under 
section 104(c)(1) of title 23, United States 
Code, in fiscal year 2020. 
(ii) SUBALLOCATION.— 
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(I) IN GENERAL.—Amounts dis-
tributed among the States under 
clause (i) shall be suballocated within 
the State to areas described in sub-
clause (II) in the proportion that— 
(aa) the total amount of 
funds suballocated to such areas 
of the State as described in such 
subclause for fiscal year 2020; 
bears to 
(bb) the total amount of 
funds apportioned to the State 
for the Federal-aid highway pro-
gram under section 104 of title 
23, United States Code, for fiscal 
year 2020. 
(II) 
AREAS
DESCRIBED.—The 
areas described in this subclause 
are— 
(aa) urbanized areas of the 
State with an urbanized area 
population of over 200,000; 
(bb) areas of the State other 
than urban areas with a popu-
lation greater than 5,000; and 
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(cc) other areas of the State. 
(B) TREATMENT.—Except as otherwise 
provided in this paragraph, amounts made 
available under paragraph (3)(A) shall be ad-
ministered as if apportioned under chapter 1 of 
title 23, United States Code. 
(C) USE OF FUNDS.—Amounts made avail-
able under paragraph (3)(A) may be obligated 
for— 
(i) eligible projects described in sec-
tion 133(b) of title 23, United States 
Code, subject to section 133(c) of such 
title; and 
(ii) administrative expenses, including 
salaries and benefits, of— 
(I) the State department of 
transportation; 
(II) a local transportation agen-
cy; or 
(III) a metropolitan planning or-
ganization. 
(5) TRIBAL FUNDS.— 
(A) TREATMENT.— 
(i) IN GENERAL.—Except as otherwise 
provided in this paragraph, amounts made 
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available under paragraph (3)(B) shall be 
administered as if made available under 
section 202 of title 23, United States 
Code. 
(ii) NONAPPLICABILITY
OF
CERTAIN 
PROVISIONS OF LAW.—Subsections (a)(6), 
(c), (d), and (e) of section 202 of title 23, 
United States Code, shall not apply to 
amounts made available under paragraph 
(3)(B). 
(B) USE
OF
FUNDS.—Amounts made 
available under paragraph (3)(B) may be obli-
gated for— 
(i) activities eligible under section 
202(a)(1) of title 23, United States Code; 
and 
(ii) transportation-related administra-
tive expenses, including salaries and bene-
fits, of the Tribe. 
(6) FUNDS FOR PUERTO RICO AND THE TERRI-
TORIES.— 
(A) TREATMENT.— 
(i) IN GENERAL.—Except as otherwise 
provided in this paragraph, amounts made 
available under paragraphs (3)(C) and 
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(3)(D) shall be administered as if allocated 
under sections 165(b) and 165(c), respec-
tively, of title 23, United States Code. 
(ii) NONAPPLICABILITY
OF
CERTAIN 
PROVISIONS
OF
LAW.—Section 165(b)(2) 
of title 23, United States Code, shall not 
apply to amounts made available to Puerto 
Rico under paragraph (3)(C). 
(B) USE OF FUNDS.— 
(i) PUERTO
RICO.—Amounts made 
available to Puerto Rico under paragraph 
(3)(C) may be obligated for— 
(I) activities eligible under chap-
ter 1 of title 23, United States Code; 
and 
(II) transportation related ad-
ministrative expenses, including sala-
ries and benefits. 
(ii) TERRITORIES.—Amounts made 
available to a territory under paragraph 
(3)(D) may be obligated for— 
(I) activities eligible under sec-
tion 165(c)(6) of title 23, United 
States 
Code, 
subject 
to 
section 
165(c)(7) of such title; and 
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(II) 
transportation-related 
ad-
ministrative expenses, including sala-
ries and benefits. 
(7) FEDERAL
LAND
MANAGEMENT
AGENCY 
FUNDS.— 
(A) DISTRIBUTION.—Amounts made avail-
able under paragraph (3)(E) shall be distrib-
uted among the Federal land management 
agencies as follows: 
(i) $99,494,147 for the National Park 
Service. 
(ii) $9,949,415 for the United States 
Fish and Wildlife Service. 
(iii) $6,301,296 for the United States 
Forest Service. 
(iv) $8,622,826 to be allocated to the 
applicable Federal land management agen-
cies as described in section 203(b) of title 
23, United States Code. 
(B) TREATMENT.—Amounts made avail-
able under paragraph (3)(E) shall be adminis-
tered as if made available under section 203 of 
title 23, United States Code. 
(8) 
DISADVANTAGED
BUSINESS
ENTER-
PRISES.—Section 1101(b) of the FAST Act (Public 
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Law 114–94) shall apply to additional amounts 
made available under paragraph (1). 
(b) SPECIAL RULES FOR FISCAL YEAR 2021.— 
(1) SUBALLOCATED AMOUNTS.— 
(A) USE OF FUNDS.—Amounts authorized 
to be appropriated for fiscal year 2021 with re-
spect to a program under section 101(a)(2)(A) 
that are suballocated pursuant to section 
133(d)(1)(A) of title 23, United States Code, 
may be obligated for— 
(i) eligible projects as described in 
section 133(b) of title 23, United States 
Code; or 
(ii) administrative expenses, including 
salaries and benefits, of— 
(I) a local transportation agency; 
or 
(II) a metropolitan planning or-
ganization. 
(B) OBLIGATION AUTHORITY.— 
(i) IN GENERAL.—A State that is re-
quired to obligate in an urbanized area 
with an urbanized area population of over 
200,000 individuals under section 133(d) 
of title 23, United States Code, funds ap-
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portioned to the State under section 
104(b)(2) of such title shall make available 
during the period of fiscal years 2016 
through 2021 an amount of obligation au-
thority distributed to the State for Fed-
eral-aid highways and highway safety con-
struction programs for use in the area that 
is equal to the amount obtained by multi-
plying— 
(I) the aggregate amount of 
funds that the State is required to ob-
ligate in the area under section 
133(d) of title 23, United States 
Code, during the period; and 
(II) the ratio that— 
(aa) the aggregate amount 
of obligation authority distrib-
uted to the State for Federal-aid 
highways and highway safety 
construction programs during the 
period; bears to 
(bb) the total of the sums 
apportioned to the State for Fed-
eral-aid highways and highway 
safety construction programs (ex-
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cluding sums not subject to an 
obligation limitation) during the 
period. 
(ii) JOINT
RESPONSIBILITY.—Each 
State, each affected metropolitan planning 
organization, and the Secretary shall joint-
ly ensure compliance with clause (i). 
(2) FERRY BOAT PROGRAM.—Amounts author-
ized to be appropriated for fiscal year 2021 with re-
spect to a program under section 101(a)(2)(A) that 
are made available for the construction of ferry 
boats and ferry terminal facilities under section 147 
of title 23, United States Code, may be obligated— 
(A) in accordance with sections 129(c) and 
147 of title 23, United States Code; 
(B) for administrative expenses, including 
salaries and benefits, of a ferry boat operator or 
ferry terminal facility operator eligible for Fed-
eral participation under section 129(c) of title 
23, United States Code; and 
(C) for operating costs associated with a 
ferry boat or ferry terminal facility eligible for 
Federal participation under section 129(c) of 
title 23, United States Code. 
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(3) NATIONALLY
SIGNIFICANT
FREIGHT
AND 
HIGHWAY PROJECTS.—In fiscal year 2021, the pro-
gram carried out under section 117 of title 23, 
United States Code, shall, in addition to any other-
wise applicable requirements, be subject to the fol-
lowing provisions: 
(A) MULTIMODAL
PROJECTS.—Notwith-
standing subsection (d)(2)(A) of such section, 
the limitation for projects described in such 
subsection shall be $600,000,000 for fiscal 
years 2016 through 2021. 
(B) ADDITIONAL CONSIDERATIONS.—Not-
withstanding subsection (h)(2) of such section, 
the Secretary shall not consider the utilization 
of non-Federal contributions. 
(C) EVALUATION AND RATING.—To evalu-
ate applications for funding under such section, 
the Secretary shall— 
(i) determine whether a project is eli-
gible for a grant under such section; 
(ii) evaluate, through a methodology 
that is discernible and transparent to the 
public, how each application addresses the 
merit criteria established by the Secretary; 
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(iii) assign a quality rating for each 
merit criteria for each application based on 
the evaluation under clause (ii); 
(iv) ensure that applications receive 
final consideration by the Secretary to re-
ceive an award under such section only on 
the basis of such quality ratings and that 
the Secretary gives final consideration only 
to applications that meet the minimally ac-
ceptable level for each of the merit criteria; 
and 
(v) award grants only to projects 
rated highly under the evaluation and rat-
ing process. 
(D) PUBLICATION AND METHODOLOGY.— 
In any published notice of funding opportunity 
for a grant under such section, the Secretary 
shall include detailed information on the rating 
methodology and merit criteria to be used to 
evaluate applications. 
(E) REPEAT APPLICATIONS.— 
(i) BRIEFING.—The Secretary shall 
provide to each applicant that applied for, 
but did not receive, funding under such 
section in fiscal year 2019 or 2020, at the 
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request of the applicant, the opportunity to 
receive a briefing to— 
(I) explain any reasons the appli-
cation was not selected for funding; 
and 
(II) advise the applicant on how 
to improve the application for resub-
mission in fiscal year 2021 under the 
application criteria described in this 
paragraph. 
(ii) SUPPLEMENTARY APPLICATION.— 
(I) IN GENERAL.—An applicant 
for funding under such section may 
elect to resubmit an application from 
a previous solicitation with a supple-
mentary appendix that describes how 
the proposed project meets the re-
quirements of section 117 of title 23, 
United States Code, and this para-
graph. 
(II) REQUIREMENTS.—The Sec-
retary shall ensure that applications 
submitted under subclause (I), includ-
ing the supplementary appendix, are 
evaluated based on such requirements. 
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(F) CONGRESSIONAL
NOTIFICATION.—A 
notification submitted pursuant to subsection 
(m) of such section shall include— 
(i) a summary of each application 
submitted and, at the request of either 
Committee, a copy of any application sub-
mitted; 
(ii) a list of any projects the Secretary 
determined were not eligible for funding; 
(iii) a description of the specific cri-
teria used for each evaluation, including 
the quality rating assigned for each eligible 
application submitted; 
(iv) a list of all projects that advanced 
to the Secretary for consideration; and 
(v) a detailed justification of the basis 
for each award proposed to be selected. 
(c) FEDERAL SHARE.— 
(1) IN GENERAL.—Except as provided in para-
graph (3) and notwithstanding section 120 of title 
23, United States Code, or any other provision of 
this division, the Federal share associated with 
funds described in paragraph (2) that are obligated 
during fiscal year 2021 may be up to 100 percent. 
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(2) FUNDS DESCRIBED.—The funds described 
in this paragraph are funds made available for the 
implementation or execution of Federal-aid highway 
and highway safety construction programs author-
ized under title 23 or 49, United States Code, the 
FAST Act (Public Law 114–94), or this division. 
(3) EXCEPTIONS.—Paragraph (1) shall not 
apply to amounts obligated under section 115 or 117 
of title 23, United States Code, or chapter 6 of such 
title. 
(d) ADMINISTRATIVE EXPENSES.— 
(1) SELF-CERTIFICATION AND AUDIT.— 
(A) IN GENERAL.—Prior to the obligation 
of funds for administrative expenses pursuant 
to paragraph (4)(C)(ii), (5)(B)(ii), (6)(B)(i)(II), 
or (6)(B)(ii)(II) of subsection (a) or paragraphs 
(1)(A)(ii) and (2)(B) of subsection (b), a State, 
a Tribe, Puerto Rico, or a territory, as applica-
ble, shall certify to the Secretary that such ad-
ministrative expenses meet the requirements of 
such paragraphs, as applicable. 
(B) AUDIT.—The Secretary may conduct 
an audit to review obligations of funds and liq-
uidation of such obligations for eligible adminis-
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trative expenses described under subparagraph 
(A). 
(2) PLANNING.—Notwithstanding any other 
provision of law, administrative expenses described 
in paragraph (1)(A) shall not be required to be in-
cluded in a metropolitan transportation plan, a long- 
range statewide transportation plan, a transpor-
tation improvement program, or a statewide trans-
portation improvement program under sections 134 
or 135 of title 23, United States Code, or chapter 
53 of title 49, United States Code, as applicable. 
(e) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) STANDARD AUGUST REDISTRIBUTION.—The 
term ‘‘standard August redistribution’’ means the 
redistribution of obligation authority and amounts 
that the Secretary is directed to administer under— 
(A) section 1102(d) of the FAST Act 
(Public Law 114–94); or 
(B) any Act making appropriations for the 
Department of Transportation for fiscal year 
2021. 
(2) STATE.—The term ‘‘State’’ means the 50 
States and the District of Columbia. 
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(3) TERRITORY.—The term ‘‘territory’’ means 
any of the following territories of the United States: 
(A) American Samoa. 
(B) The Commonwealth of the Northern 
Mariana Islands. 
(C) Guam. 
(D) The United States Virgin Islands. 
(4) URBAN
AREA; 
URBANIZED
AREA.—The 
terms ‘‘urban area’’ and ‘‘urbanized area’’ have the 
meanings given such terms in section 101 of title 23, 
United States Code. 
SEC. 103. FEDERAL TRANSIT ADMINISTRATION. 
(a) ADDITIONAL AMOUNTS.— 
(1) AUTHORIZATION OF APPROPRIATIONS FROM 
MASS TRANSIT ACCOUNT.— 
(A) IN GENERAL.—In addition to amounts 
authorized under section 101, there is author-
ized to be appropriated from the Mass Transit 
Account for fiscal year 2021, for activities 
under this section, $5,794,851,538. 
(B) APPORTIONMENT.—Amounts author-
ized under subparagraph (A) shall be appor-
tioned in accordance with section 5310, section 
5311 (other than subsections (b)(3), (c)(1)(A), 
and (c)(2) of such section), section 5336 (other 
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than subsection (h)(4) of such section), section 
5337, and section 5340 of title 49, United 
States Code, except that funds apportioned 
under section 5337 of such title shall be added 
to funds apportioned under section 5307 of 
such title for administration under section 5307 
of such title. 
(C) ALLOCATION.—The Secretary shall al-
locate the amounts authorized to be appro-
priated to sections 5307, 5310, 5311, 5337, 
and 5340 of title 49, United States Code, 
among such sections in the same ratio as funds 
are provided in the fiscal year 2020 appropria-
tions. 
(2) AUTHORIZATION OF APPROPRIATIONS FROM 
GENERAL FUND.—In addition to amounts authorized 
under section 101(a)(1)(B), there is authorized to be 
appropriated from the general fund of the Treas-
ury— 
(A) $958,000,000 to carry out section 
5309 of title 49, United States Code; and 
(B) such sums as may be necessary to be 
made available as described in subsection (c) 
and that such sums shall be designated by the 
Congress as being for an emergency require-
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ment pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Con-
trol Act of 1985. 
(3) 
DISADVANTAGED
BUSINESS
ENTER-
PRISES.—Section 1101(b) of the FAST Act (Public 
Law 114–94) shall apply to additional amounts 
made available under this subsection. 
(b) SPECIAL RULES FOR FISCAL YEAR 2021.— 
(1) 
USE
OF
FUNDS.—Notwithstanding 
5307(a)(1) of title 49, United States Code, amounts 
made available under subsection (a)(1)(A) may be 
obligated for— 
(A) operating expenses, including, begin-
ning on January 20, 2020— 
(i) reimbursement for operating costs 
to maintain service and offset lost revenue, 
including the purchase of personal protec-
tive equipment; and 
(ii) paying the administrative leave of 
operations personnel due to reductions in 
service; and 
(B) any other activity eligible under sec-
tion 5307, 5310, 5311, or 5337 of title 49, 
United States Code. 
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(2) CONDITIONS.—Recipients use of funds 
under paragraph (1) shall— 
(A) not require that operating expenses de-
scribed in paragraph (1)(A) be included in a 
metropolitan transportation plan, long-range 
statewide transportation plan, a transportation 
improvement program, or a statewide transpor-
tation improvement program; 
(B) meet the requirements of section 5333 
of title 49, United States Code; and 
(C) to the maximum extent possible, be di-
rected to payroll and public transit service, un-
less the recipient certifies to the Secretary that 
such recipient has not furloughed any employ-
ees. 
(3) OVERSIGHT.— 
(A) Of the amounts made available to 
carry out this section, the percentages available 
for oversight in section 5338(f)(1) of title 49, 
United States Code, shall apply to the alloca-
tions of funds in subsection (a)(1)(C). 
(B) USE
OF
FUNDS.—Amounts made 
available under subsection (a)(1)(A) shall be 
available for administrative expenses and pro-
gram management oversight as authorized 
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under sections 5334 and 5338(f)(2) of title 49, 
United States Code. 
(4) ADMINISTRATION
OF
GRANTS.—Amounts 
made available under subsection (a)(1)(A) shall be 
administered, at the option of the recipient, as 
grants provided under the CARES Act (Public Law 
116–136) are administered. 
(c) CIG COVID–19 EMERGENCY
RELIEF
PRO-
GRAM.— 
(1) IN GENERAL.—From amounts made avail-
able under subsection (a)(2)(B) and notwithstanding 
section 5309(k)(2)(C)(ii) or section 5309(l)(1)(B)(ii) 
of title 49, United States Code, at the request of a 
project sponsor, the Secretary shall use such sums 
as may be necessary to provide an additional 30 per-
cent of total project costs for any project under— 
(A) 5309(d) of title 49, United States 
Code, that has been approved for advancement 
into the engineering phase; 
(B) 5309(e) of title 49, United States 
Code, that has entered into the project develop-
ment phase or approved for advancement into 
the engineering phase; and 
(C) subsection (d) or (e) of section 5309 of 
title 49, United States Code, that has a full 
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funding grant agreement entered into under ei-
ther such subsection after January 1, 2017. 
(2) PROJECT
ELIGIBILITY.—From amounts 
made available under subsection (a)(2)(B), the Sec-
retary shall use such sums as may be necessary for 
projects under section 5309 of title 49, United 
States Code, that— 
(A) are not eligible for funds made avail-
able under paragraph (1); and 
(B) have remaining scheduled Federal 
funds to be appropriated under a full funding 
grant agreement under such section. 
(3) DEFERRED LOCAL SHARE.—The Secretary 
shall allow a project sponsor to defer payment of the 
local share for any project described in paragraphs 
(1) and (2). 
(4) TOTAL PROJECT COST.—In this subsection, 
the term ‘‘total project cost’’ means the most recent 
total project cost stipulated in— 
(A) the full funding grant agreement; 
(B) the approval into project engineering; 
or 
(C) the project rating for a project not yet 
approved into project engineering. 
(d) FEDERAL SHARE.— 
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(1) IN GENERAL.—Notwithstanding chapter 53 
of title 49, United States Code, or any other provi-
sion of this division, the Federal share associated 
with funds described in paragraph (2) that are obli-
gated during fiscal year 2021 may be up to 100 per-
cent. 
(2) FUNDS DESCRIBED.—The funds described 
in this paragraph are funds made available for the 
implementation of transit programs authorized by 
chapter 53 of title 49, United States Code, the 
FAST Act (Public Law 114–94), or this division, ex-
cluding funds made available to projects under sec-
tion 5309 of title 49, United States Code. 
(e) CONDITION
FOR APPORTIONMENT.—No funds 
authorized in this division or any other Act may be used 
to adjust Mass Transit Account apportionments or with-
hold funds from Mass Transit Account apportionments 
pursuant to section 9503(e)(4) of the Internal Revenue 
Code of 1986 in fiscal year 2021. 
SEC. 104. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINIS-
TRATION. 
(a) SPECIAL FUNDING FOR FISCAL YEAR 2021.— 
(1) IN GENERAL.— 
(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—In addition to amounts authorized 
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under section 101, there is authorized to be ap-
propriated from the Highway Account for fiscal 
year 2021, for activities under this subsection, 
$244,514,000. 
(B) CONTRACT AUTHORITY.—Amounts au-
thorized under subparagraph (A) shall be avail-
able for obligation in the same manner as if 
such funds were apportioned under chapter 1 of 
title 23, United States Code. 
(2) DISTRIBUTION
OF
FUNDS.—Amounts au-
thorized to be appropriated for fiscal year 2021 
under paragraph (1) shall be distributed as follows: 
(A) $105,000,000 for carrying out section 
402 of title 23, United States Code. 
(B) $15,312,000 for carrying out section 
403 of title 23, United States Code. 
(C) $19,202,000 for carrying out section 
404 of title 23, United States Code. 
(D) $105,000,000 for carrying out section 
405 of title 23, United States Code. 
(b) SPECIAL RULES FOR FISCAL YEAR 2021.— 
(1) FEDERAL
SHARE.—Notwithstanding sec-
tions 120, 405(b)(2), 405(c)(2), 405(d)(2) and 
405(h)(2) of title 23, United States Code, the Fed-
eral share of activities for fiscal year 2021 carried 
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out under chapter 4 of title 23, United States Code 
and section 1906 of SAFETEA–LU (23 U.S.C. 402 
note) shall be 100 percent. 
(2) 
PERIOD
OF
AVAILABILITY.—Notwith-
standing section 118(b) of title 23, United States 
Code, funds apportioned or allocated to a State in 
fiscal years 2017 and 2018 under sections 402 and 
405 of title 23, United States Code, and section 
1906 of SAFETEA–LU (23 U.S.C. 402 note), shall 
remain available for obligation in that State for a 
period of 4 years after the last day of the fiscal year 
for which the funds are authorized. 
(3) 
MAINTENANCE
OF
EFFORT.—Notwith-
standing section 405(a)(9) of title 23, United States 
Code, the Secretary may waive the maintenance of 
effort requirements under such section for fiscal 
year 2021 for a State, if the Secretary determines 
appropriate. Notwithstanding any other provision of 
law, this paragraph shall apply as if such paragraph 
was enacted on September 30, 2020. 
(4) IN-VEHICLE ALCOHOL DETECTION DEVICE 
RESEARCH.—In carrying out subsection (h) of sec-
tion 403 of title 23, United States Code, the Sec-
retary may obligate from funds made available to 
carry out such section for fiscal year 2021 not more 
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than $5,312,000 to conduct the research described 
in paragraph (1) of such subsection. 
(5) COOPERATIVE
RESEARCH
AND
EVALUA-
TION.—Notwithstanding the apportionment formula 
set forth in section 402(c)(2) of title 23, United 
States Code, and section 403(f)(1) of title 23, 
United States Code, $2,500,000 of the total amount 
available for apportionment to the States for high-
way safety programs under section 402(c)(2) of title 
23, United States Code, for each of fiscal years 
2016 through 2021, shall be available for expendi-
ture by the Secretary, acting through the Adminis-
trator of the National Highway Traffic Safety Ad-
ministration, for a cooperative research and evalua-
tion program to research and evaluate priority high-
way safety countermeasures. This paragraph shall 
apply as if such paragraph was enacted on October 
1, 2015. 
SEC. 105. FEDERAL MOTOR CARRIER SAFETY ADMINISTRA-
TION. 
(a) SPECIAL FUNDING FOR FISCAL YEAR 2021.— 
(1) AUTHORIZATION OF APPROPRIATIONS.—In 
addition to amounts authorized under section 101, 
there is authorized to be appropriated from the 
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Highway Account for fiscal year 2021, for activities 
under this subsection, $209,900,000. 
(2) DISTRIBUTION
OF
FUNDS.—Amounts au-
thorized to be appropriated for fiscal year 2021 
under paragraph (1) shall be distributed as follows: 
(A) Subject to section 31104(c) of title 49, 
United States Code— 
(i) $80,512,000 for carrying out sec-
tion 31102 (except subsection (l)) of title 
49, United States Code); 
(ii) $14,208,000 for carrying out sec-
tion 31102(l) of title 49, United States 
Code; and 
(iii) $23,680,000 for carrying out sec-
tion 31313 of title 49, United States Code. 
(B) $91,500,000 for carrying out section 
31110 of title 49, United States Code. 
(3) TREATMENT OF FUNDS.—Except as pro-
vided in subsection (b), amounts made available 
under this section shall be made available for obliga-
tion and administered as if made available under 
chapter 311 of title 49, United States Code. 
(b) SPECIAL RULES FOR FISCAL YEAR 2021.— 
(1) FINANCIAL ASSISTANCE AGREEMENTS FED-
ERAL SHARE.—Notwithstanding chapter 311 of title 
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49, United States Code, or any regulations adopted 
pursuant to such chapter, for the duration of fiscal 
year 2021 with respect to all financial assistance 
made available under subsection (a) and section 101, 
the Secretary of Transportation may— 
(A) reimburse recipients under section 
31104(b)(2) of title 49, United States Code, in 
an amount that is 100 percent of the costs de-
scribed in such section; and 
(B) waive the maintenance of effort re-
quirement under 31102(f) of title 49, United 
States Code, for all States without requiring 
States to request a waiver. 
(2) FINANCIAL ASSISTANCE AGREEMENTS PE-
RIOD
OF
AVAILABILITY.—Notwithstanding section 
31104(f) of title 49, United States Code, the Sec-
retary shall extend the periods of availability de-
scribed in such section by 1 year. 
(3) ADMINISTRATIVE EXPENSES.—The Admin-
istrator of the Federal Motor Carrier Safety Admin-
istration shall ensure that funds made available 
under subsection (a)(2)(B) are used, to the max-
imum extent practicable, to support— 
(A) the acceleration of planned investments 
to modernize the Administration’s information 
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technology and information management sys-
tems; 
(B) the completion of outstanding statu-
tory mandates required by MAP–21 (112–141) 
and the FAST Act (114–94); and 
(C) a Large Truck Crash Causal Factors 
Study of the Administration. 
SEC. 106. DEFINITIONS. 
In this division, the following definitions apply: 
(1) HIGHWAY ACCOUNT.—The term ‘‘Highway 
Account’’ means the portion of the Highway Trust 
Fund that is not the Mass Transit Account. 
(2) MASS TRANSIT ACCOUNT.—The term ‘‘Mass 
Transit Account’’ means the portion of the Highway 
Trust Fund established under section 9503(e)(1) of 
the Internal Revenue Code of 1986. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
DIVISION B—SURFACE 
TRANSPORTATION 
SEC. 1001. APPLICABILITY OF DIVISION. 
(a) APPLICABILITY.—This division, including the 
amendments made by this division, applies beginning on 
October 1, 2021. 
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(b) REFERENCE TO DATE OF ENACTMENT.—In this 
division and the amendments made by this division, any 
reference to— 
(1) the date of enactment of this Act; 
(2) the date of enactment of a provision of this 
division; 
(3) the date of enactment of a provision added 
to law by an amendment made by this division; or 
(4) the date of enactment of the INVEST in 
America Act added to law by an amendment made 
by this division, 
shall be treated as a reference to October 1, 2021. 
TITLE I—FEDERAL-AID 
HIGHWAYS 
Subtitle A—Authorizations and 
Program Conditions 
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following amounts are au-
thorized to be appropriated out of the Highway Trust 
Fund (other than the Mass Transit Account): 
(1) FEDERAL-AID
HIGHWAY
PROGRAM.—For 
the national highway performance program under 
section 119 of title 23, United States Code, the pre- 
disaster mitigation program under section 124 of 
such title, the railway crossings program under sec-
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tion 130 of such title, the surface transportation 
program under section 133 of such title, the high-
way safety improvement program under section 148 
of such title, the congestion mitigation and air qual-
ity improvement program under section 149 of such 
title, the national highway freight program under 
section 167 of such title, the carbon pollution reduc-
tion program under section 171 of such title, and 
metropolitan planning under section 134 of such 
title— 
(A) $55,022,048,429 for fiscal year 2022; 
(B) $55,980,646,776 for fiscal year 2023; 
(C) $57,095,359,712 for fiscal year 2024; 
and 
(D) $58,118,666,186 for fiscal year 2025. 
(2) TRANSPORTATION
INFRASTRUCTURE
FI-
NANCE AND INNOVATION PROGRAM.—For credit as-
sistance under the transportation infrastructure fi-
nance and innovation program under chapter 6 of 
title 23, United States Code, $300,000,000 for each 
of fiscal years 2022 through 2025. 
(3) CONSTRUCTION
OF
FERRY
BOATS
AND 
FERRY TERMINAL FACILITIES.—For construction of 
ferry boats and ferry terminal facilities under sec-
tion 
147 
of 
title 
23, 
United 
States 
Code, 
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$120,000,000 for each of fiscal years 2022 through 
2025. 
(4) FEDERAL LANDS AND TRIBAL TRANSPOR-
TATION PROGRAMS.— 
(A) 
TRIBAL
TRANSPORTATION
PRO-
GRAM.—For the tribal transportation program 
under section 202 of title 23, United States 
Code, $800,000,000 for each of fiscal years 
2022 through 2025. 
(B) FEDERAL
LANDS
TRANSPORTATION 
PROGRAM.— 
(i) IN
GENERAL.—For the Federal 
lands transportation program under sec-
tion 203 of title 23, United States Code, 
$550,000,000 for each of fiscal years 2022 
through 2025. 
(ii) ALLOCATION.—Of the amount 
made available for a fiscal year under 
clause (i)— 
(I) the amount for the National 
Park Service is $400,000,000 for each 
of fiscal years 2022 through 2025. 
(II) the amount for the United 
States Fish and Wildlife Service is 
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$50,000,000 for each of fiscal years 
2022 through 2025; and 
(III) the amount for the United 
States Forest Service is $50,000,000 
for each of fiscal years 2022 through 
2025. 
(C) FEDERAL LANDS ACCESS PROGRAM.— 
For the Federal lands access program under 
section 204 of title 23, United States Code, 
$345,000,000 for each of fiscal years 2022 
through 2025. 
(D) FEDERAL LANDS AND TRIBAL MAJOR 
PROJECTS GRANTS.—To carry out section 208 
of title 23, United States Code, $400,000,000 
for each of fiscal years 2022 through 2025. 
(5) TERRITORIAL AND PUERTO RICO HIGHWAY 
PROGRAM.—For the territorial and Puerto Rico 
highway program under section 165 of title 23, 
United States Code, $310,000,000 for each of fiscal 
years 2022 through 2025. 
(6) PROJECTS
OF
NATIONAL
AND
REGIONAL 
SIGNIFICANCE.—For projects of national and re-
gional significance under section 117 of title 23, 
United States Code— 
(A) $2,200,000,000 for fiscal year 2022; 
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(B) $2,200,000,000 for fiscal year 2023; 
(C) $2,300,000,000 for fiscal year 2024; 
and 
(D) $2,350,000,000 for fiscal year 2025. 
(7) COMMUNITY TRANSPORTATION INVESTMENT 
GRANTS.—To carry out section 173 of title 23, 
United States Code, $600,000,000 for each of fiscal 
years 2022 through 2025. 
(8) ELECTRIC VEHICLE CHARGING AND HYDRO-
GEN FUELING INFRASTRUCTURE GRANTS.—To carry 
out section 151(f) of title 23, United States Code, 
$350,000,000 for each of fiscal years 2022 through 
2025. 
(9) 
COMMUNITY
CLIMATE
INNOVATION 
GRANTS.—To carry out section 172 of title 23, 
United States Code, $250,000,000 for each of fiscal 
years 2022 through 2025. 
(b) ADDITIONAL PROGRAMS.— 
(1) IN GENERAL.—The following amounts are 
authorized to be appropriated out of the Highway 
Trust Fund (other than the Mass Transit Account): 
(A) GRIDLOCK
REDUCTION
GRANT
PRO-
GRAM.—To carry out section 1306 of this Act, 
$250,000,000 for fiscal year 2022. 
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(B) REBUILD RURAL GRANT PROGRAM.— 
To carry out section 1307 of this Act, 
$250,000,000 for fiscal year 2022. 
(C) PARKING
FOR
COMMERCIAL
MOTOR 
VEHICLES.—To carry out section 1308 of this 
Act, $250,000,000 for fiscal year 2023. 
(D) 
ACTIVE
TRANSPORTATION 
CONNECTIVITY GRANT PROGRAM.—To carry out 
section 1309 of this Act, $250,000,000 for fis-
cal year 2024. 
(E) METRO PERFORMANCE PROGRAM.—To 
carry 
out 
section 
1305 
of 
this 
Act, 
$250,000,000 for each of fiscal years 2023 
through 2025. 
(2) TREATMENT
OF
FUNDS.—Amounts made 
available under subparagraphs (B) through (D) shall 
be administered as if apportioned under chapter 1 of 
title 23, United States Code. 
(c) DISADVANTAGED BUSINESS ENTERPRISES.— 
(1) FINDINGS.—Congress finds that— 
(A) while significant progress has occurred 
due to the establishment of the disadvantaged 
business enterprise program, discrimination and 
related barriers continue to pose significant ob-
stacles for minority- and women-owned busi-
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nesses seeking to do business in federally as-
sisted surface transportation markets across the 
United States; 
(B) the continuing barriers described in 
subparagraph (A) merit the continuation of the 
disadvantaged business enterprise program; 
(C) Congress has received and reviewed 
testimony and documentation of race and gen-
der discrimination from numerous sources, in-
cluding congressional hearings and roundtables, 
scientific reports, reports issued by public and 
private agencies, news stories, reports of dis-
crimination by organizations and individuals, 
and discrimination lawsuits, which show that 
race- and gender-neutral efforts alone are insuf-
ficient to address the problem; 
(D) the testimony and documentation de-
scribed in subparagraph (C) demonstrate that 
discrimination across the United States poses a 
barrier to full and fair participation in surface 
transportation-related businesses of women 
business owners and minority business owners 
and has impacted firm development and many 
aspects of surface transportation-related busi-
ness in the public and private markets; and 
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(E) the testimony and documentation de-
scribed in subparagraph (C) provide a strong 
basis that there is a compelling need for the 
continuation of the disadvantaged business en-
terprise program to address race and gender 
discrimination in surface transportation-related 
business. 
(2) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
(A) SMALL BUSINESS CONCERN.— 
(i) IN
GENERAL.—The term ‘‘small 
business concern’’ means a small business 
concern (as the term is used in section 3 
of the Small Business Act (15 U.S.C. 
632)). 
(ii) EXCLUSIONS.—The term ‘‘small 
business concern’’ does not include any 
concern or group of concerns controlled by 
the same socially and economically dis-
advantaged individual or individuals that 
have average annual gross receipts during 
the preceding 3 fiscal years in excess of 
$26,290,000, as adjusted annually by the 
Secretary of Transportation for inflation. 
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(B) SOCIALLY
AND
ECONOMICALLY
DIS-
ADVANTAGED
INDIVIDUALS.—The term ‘‘so-
cially and economically disadvantaged individ-
uals’’ has the meaning given the term in section 
8(d) of the Small Business Act (15 U.S.C. 
637(d)) and relevant subcontracting regulations 
issued pursuant to that Act, except that women 
shall be presumed to be socially and economi-
cally disadvantaged individuals for purposes of 
this subsection. 
(3) AMOUNTS
FOR
SMALL
BUSINESS
CON-
CERNS.—Except to the extent that the Secretary of 
Transportation determines otherwise, not less than 
10 percent of the amounts made available for any 
program under titles I, II, V, and VII of this divi-
sion and section 403 of title 23, United States Code, 
shall be expended through small business concerns 
owned and controlled by socially and economically 
disadvantaged individuals. 
(4) ANNUAL LISTING OF DISADVANTAGED BUSI-
NESS ENTERPRISES.—Each State shall annually— 
(A) survey and compile a list of the small 
business concerns referred to in paragraph (3) 
in the State, including the location of the small 
business concerns in the State; and 
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(B) notify the Secretary, in writing, of the 
percentage of the small business concerns that 
are controlled by— 
(i) women; 
(ii) socially and economically dis-
advantaged 
individuals 
(other 
than 
women); and 
(iii) individuals who are women and 
are otherwise socially and economically dis-
advantaged individuals. 
(5) UNIFORM CERTIFICATION.— 
(A) 
IN
GENERAL.—The 
Secretary 
of 
Transportation shall establish minimum uni-
form criteria for use by State governments in 
certifying whether a concern qualifies as a small 
business concern for the purpose of this sub-
section. 
(B) INCLUSIONS.—The minimum uniform 
criteria established under subparagraph (A) 
shall include, with respect to a potential small 
business concern— 
(i) on-site visits; 
(ii) personal interviews with personnel; 
(iii) issuance or inspection of licenses; 
(iv) analyses of stock ownership; 
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(v) listings of equipment; 
(vi) analyses of bonding capacity; 
(vii) listings of work completed; 
(viii) examination of the resumes of 
principal owners; 
(ix) analyses of financial capacity; and 
(x) analyses of the type of work pre-
ferred. 
(6) REPORTING.—The Secretary of Transpor-
tation shall establish minimum requirements for use 
by State governments in reporting to the Sec-
retary— 
(A) information concerning disadvantaged 
business enterprise awards, commitments, and 
achievements; and 
(B) such other information as the Sec-
retary determines to be appropriate for the 
proper monitoring of the disadvantaged busi-
ness enterprise program. 
(7) COMPLIANCE WITH COURT ORDERS.—Noth-
ing in this subsection limits the eligibility of an indi-
vidual or entity to receive funds made available 
under titles I, II, V, and VII of this division and sec-
tion 403 of title 23, United States Code, if the enti-
ty or person is prevented, in whole or in part, from 
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complying with paragraph (3) because a Federal 
court issues a final order in which the court finds 
that a requirement or the implementation of para-
graph (3) is unconstitutional. 
(8) SENSE OF CONGRESS ON PROMPT PAYMENT 
OF DBE SUBCONTRACTORS.—It is the sense of Con-
gress that— 
(A) the Secretary of Transportation should 
take additional steps to ensure that recipients 
comply with section 26.29 of title 49, Code of 
Federal Regulations (the disadvantaged busi-
ness enterprises prompt payment rule), or any 
corresponding regulation, in awarding federally 
funded transportation contracts under laws and 
regulations administered by the Secretary; and 
(B) such additional steps should include 
increasing the Department of Transportation’s 
ability to track and keep records of complaints 
and to make that information publicly available. 
SEC. 1102. OBLIGATION LIMITATION. 
(a) GENERAL LIMITATION.—Subject to subsection 
(e), and notwithstanding any other provision of law, the 
obligations for Federal-aid highway and highway safety 
construction programs shall not exceed— 
(1) $62,059,350,954 for fiscal year 2022; 
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(2) $63,021,354,776 for fiscal year 2023; 
(3) $64,246,443,712 for fiscal year 2024; and 
(4) $65,080,125,186 for fiscal year 2025. 
(b) EXCEPTIONS.—The limitations under subsection 
(a) shall not apply to obligations under or for— 
(1) section 125 of title 23, United States Code; 
(2) section 147 of the Surface Transportation 
Assistance Act of 1978 (23 U.S.C. 144 note; 92 
Stat. 2714); 
(3) section 9 of the Federal-Aid Highway Act 
of 1981 (95 Stat. 1701); 
(4) subsections (b) and (j) of section 131 of the 
Surface Transportation Assistance Act of 1982 (96 
Stat. 2119); 
(5) subsections (b) and (c) of section 149 of the 
Surface Transportation and Uniform Relocation As-
sistance Act of 1987 (101 Stat. 198); 
(6) sections 1103 through 1108 of the Inter-
modal Surface Transportation Efficiency Act of 
1991 (Public Law 102–240); 
(7) section 157 of title 23, United States Code 
(as in effect on June 8, 1998); 
(8) section 105 of title 23, United States Code 
(as in effect for fiscal years 1998 through 2004, but 
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only in an amount equal to $639,000,000 for each 
of those fiscal years); 
(9) Federal-aid highway programs for which ob-
ligation authority was made available under the 
Transportation Equity Act for the 21st Century 
(112 Stat. 107) or subsequent Acts for multiple 
years or to remain available until expended, but only 
to the extent that the obligation authority has not 
lapsed or been used; 
(10) section 105 of title 23, United States Code 
(as in effect for fiscal years 2005 through 2012, but 
only in an amount equal to $639,000,000 for each 
of those fiscal years); 
(11) section 1603 of SAFETEA–LU (23 
U.S.C. 118 note; 119 Stat. 1248), to the extent that 
funds obligated in accordance with that section were 
not subject to a limitation on obligations at the time 
at which the funds were initially made available for 
obligation; 
(12) section 119 of title 23, United States Code 
(as in effect for fiscal years 2013 through 2015, but 
only in an amount equal to $639,000,000 for each 
of those fiscal years); 
(13) section 119 of title 23, United States Code 
(but, for fiscal years 2016 through 2021, only in an 
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amount equal to $639,000,000 for each of those fis-
cal years); 
(14) section 203 of title 23, United States Code 
(but, for fiscal years 2022 through 2025, only in an 
amount equal to $550,000,000 for each of those fis-
cal years); and 
(15) section 133(d)(1)(B) of title 23, United 
States Code (but, for fiscal years 2022 through 
2025, only in an amount equal to $89,000,000 for 
each of those fiscal years). 
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.— 
Subject to paragraph (1)(B), for each of fiscal years 2022 
through 2025, the Secretary of Transportation— 
(1)(A) shall not distribute obligation authority 
provided by subsection (a) for the fiscal year for— 
(i) amounts authorized for administrative 
expenses and programs by section 104(a) of 
title 23, United States Code; 
(ii) amounts authorized for the Bureau of 
Transportation Statistics; 
(iii) amounts authorized for the tribal 
transportation program by section under section 
202 of title 23, United States Code; and 
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(iv) amounts authorized for the territorial 
and Puerto Rico highway program under sec-
tion 165(a) of title 23, United States Code; and 
(B) for each of fiscal years 2023 through 2025, 
in addition to the amounts described in subpara-
graph (A), shall not distribute obligation authority 
provided by subsection (a) for the fiscal year for 
amounts authorized for the metro performance pro-
gram under section 1305 of this Act; 
(2) shall not distribute an amount of obligation 
authority provided by subsection (a) that is equal to 
the unobligated balance of amounts— 
(A) made available from the Highway 
Trust Fund (other than the Mass Transit Ac-
count) for Federal-aid highway and highway 
safety construction programs for previous fiscal 
years the funds for which are allocated by the 
Secretary (or apportioned by the Secretary 
under section 202 or 204 of title 23, United 
States Code); and 
(B) for which obligation authority was pro-
vided in a previous fiscal year; 
(3) shall determine the proportion that— 
(A) the obligation authority provided by 
subsection (a) for the fiscal year, less the aggre-
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gate of amounts not distributed under para-
graphs (1) and (2) of this subsection; bears to 
(B) the total of— 
(i) the sums authorized to be appro-
priated for the Federal-aid highway and 
highway safety construction programs, 
other than sums authorized to be appro-
priated for— 
(I) provisions of law described in 
paragraphs (1) through (13) of sub-
section (b); 
(II) section 203 of title 23, 
United States Code, equal to the 
amount referred to in subsection 
(b)(14) for the fiscal year; and 
(III) section 133(d)(1)(B) of title 
23, United States Code, equal to the 
amount referred to in subsection 
(b)(15) for the fiscal year; less 
(ii) the aggregate of the amounts not 
distributed under paragraphs (1) and (2) 
of this subsection; 
(4) shall distribute the obligation authority pro-
vided by subsection (a), less the aggregate amounts 
not distributed under paragraphs (1) and (2), for 
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each of the programs (other than programs to which 
paragraph (1) applies) that are allocated by the Sec-
retary under this Act and title 23, United States 
Code, or apportioned by the Secretary under sections 
202 or 204 of such title, by multiplying— 
(A) the proportion determined under para-
graph (3); by 
(B) the amounts authorized to be appro-
priated for each such program for the fiscal 
year; and 
(5) shall distribute the obligation authority pro-
vided by subsection (a), less the aggregate amounts 
not distributed under paragraphs (1) and (2) and 
the amounts distributed under paragraph (4), for 
Federal-aid highway and highway safety construc-
tion programs that are apportioned by the Secretary 
under title 23, United States Code (other than the 
amounts apportioned for the surface transportation 
program in section 133(d)(1)(B) of title 23, United 
States Code, that are exempt from the limitation 
under subsection (b)(15) and the amounts appor-
tioned under sections 202 and 204 of such title) in 
the proportion that— 
(A) amounts authorized to be appropriated 
for the programs that are apportioned under 
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title 23, United States Code, to each State for 
the fiscal year; bears to 
(B) the total of the amounts authorized to 
be appropriated for the programs that are ap-
portioned under title 23, United States Code, to 
all States for the fiscal year. 
(d) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (c), the Secretary 
of Transportation shall, after August 1 of each of fiscal 
years 2022 through 2025— 
(1) revise a distribution of the obligation au-
thority made available under subsection (c) if an 
amount distributed cannot be obligated during that 
fiscal year; and 
(2) redistribute sufficient amounts to those 
States able to obligate amounts in addition to those 
previously distributed during that fiscal year, giving 
priority to those States having large unobligated bal-
ances of funds apportioned under section 104 of title 
23, United States Code. 
(e) SPECIAL LIMITATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), obligation limitations imposed by sub-
section (a) shall apply to contract authority for— 
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(A) transportation research programs car-
ried out under chapter 5 of title 23, United 
States Code, and title V of this Act; and 
(B) the metro performance program under 
section 1305 of this Act. 
(2) EXCEPTION.—Obligation authority made 
available under paragraph (1) shall— 
(A) remain available for a period of 4 fis-
cal years; and 
(B) be in addition to the amount of any 
limitation imposed on obligations for Federal- 
aid highway and highway safety construction 
programs for future fiscal years. 
(f) LOP-OFF.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of distribution of obligation authority under 
subsection (c) for each of fiscal years 2022 through 
2025, the Secretary of Transportation shall dis-
tribute to the States any funds that— 
(A) are authorized to be appropriated for 
the fiscal year for Federal-aid highway pro-
grams; and 
(B) the Secretary determines will not be 
allocated to the States (or will not be appor-
tioned to the States under section 204 of title 
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23, United States Code), and will not be avail-
able for obligation, for the fiscal year because 
of the imposition of any obligation limitation for 
the fiscal year. 
(2) RATIO.—Funds shall be distributed under 
paragraph (1) in the same proportion as the dis-
tribution of obligation authority under subsection 
(c)(5). 
(3) AVAILABILITY.—Funds distributed to each 
State under paragraph (1) shall be available for any 
purpose described in section 133(b) of title 23, 
United States Code. 
SEC. 1103. DEFINITIONS AND DECLARATION OF POLICY. 
Section 101 of title 23, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by redesignating paragraphs (1), (2), 
(3), (4), (5), (6), (7), (8), (9), (10), (11), (12), 
(13), (14), (15), (16), (17), (18), (19), (20), 
(21), (22), (23), (24), (25), (26), (27), (28), 
(29), (30), (31), (32), (33), and (34) as para-
graphs (2), (3), (4), (6), (8), (10), (11), (12), 
(13), (14), (16), (17), (18), (19), (20), (21), 
(23), (24), (25), (26), (28), (29), (32), (33), 
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(34), (35), (36), (37), (38), (40), (41), (42), 
(43), and (44), respectively; 
(B) by inserting before paragraph (2), as 
so redesignated, the following: 
‘‘(1) 
ADAPTATION.—The 
term 
‘adaptation’ 
means an adjustment in natural or human systems 
in anticipation of, or in response to, a changing envi-
ronment in a way that moderates negative effects of 
extreme events or climate change.’’; 
(C) by inserting after paragraph (4), as so 
redesignated, the following: 
‘‘(5) CLIMATE
CHANGE.—The term ‘climate 
change’ means any significant change in the meas-
ures of climate lasting for an extended period of 
time, and may include major changes in tempera-
ture, precipitation, wind patterns, or sea level, 
among others, that occur over several decades or 
longer.’’; 
(D) paragraph (6)(A), as so redesignated, 
by inserting ‘‘assessing resilience,’’ after ‘‘sur-
veying,’’; 
(E) by inserting after paragraph (6), as so 
redesignated, the following: 
‘‘(7) 
CONTEXT
SENSITIVE
DESIGN
PRIN-
CIPLE.—The term ‘context sensitive design principle’ 
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means a principle for the design of a public road 
that— 
‘‘(A) provides for the safe and adequate 
accommodation, in all phases of project plan-
ning, design, and development, of users of the 
transportation facility, including pedestrians, 
bicyclists, public transportation users, children, 
older individuals, individuals with disabilities, 
motorists, and freight vehicles; and 
‘‘(B) considers the context in which the fa-
cility is planned to be constructed to determine 
the appropriate facility design.’’; 
(F) by inserting after paragraph (8), as so 
redesignated, the following: 
‘‘(9) EVACUATION ROUTE.—The term ‘evacu-
ation route’ means a transportation route or system 
that— 
‘‘(A) is used to transport— 
‘‘(i) the public away from an emer-
gency event; or 
‘‘(ii) first responders and recovery re-
sources in the event of an emergency; and 
‘‘(B) is identified, consistent with sections 
134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by the 
eligible entity with jurisdiction over the area in 
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which the route is located for the purposes de-
scribed in subparagraph (A).’’; 
(G) by inserting after paragraph (14), as 
so redesignated, the following: 
‘‘(15) GREENHOUSE
GAS.—The term ‘green-
house gas’ has the meaning given the term in section 
211(o)(1)(G) of the Clean Air Act (42 U.S.C. 21 
7545(o)(1)(G)).’’; 
(H) by inserting after paragraph (21), as 
so redesignated, the following: 
‘‘(22) NATURAL INFRASTRUCTURE.— 
‘‘(A) IN GENERAL.—The term ‘natural in-
frastructure’ means infrastructure that uses, re-
stores, or emulates natural ecological processes 
that— 
‘‘(i) is created through the action of 
natural physical, geological, biological, and 
chemical processes over time; 
‘‘(ii) is created by human design, en-
gineering, and construction to emulate or 
act in concert with natural processes; or 
‘‘(iii) involves the use of plants, soils, 
and other natural features, including 
through the creation, restoration, or pres-
ervation of vegetated areas using materials 
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appropriate to the region to manage 
stormwater and runoff, to attenuate flood-
ing and storm surges, and for other related 
purposes. 
‘‘(B) INCLUSION.—The term ‘natural in-
frastructure’ includes green infrastructure and 
nature-based solutions.’’; 
(I) by inserting after paragraph (26), as so 
redesignated, the following: 
‘‘(27) PROTECTIVE FEATURE.— 
‘‘(A) IN GENERAL.—The term ‘protective 
feature’ means an improvement to a highway or 
bridge designed to increase resilience or miti-
gate the risk of recurring damage or the cost of 
future repairs from climate change effects, ex-
treme events, seismic activity, or any other nat-
ural disaster. 
‘‘(B) INCLUSIONS.—The term ‘protective 
feature’ includes— 
‘‘(i) raising roadway grades; 
‘‘(ii) relocating roadways to higher 
ground above projected flood elevation lev-
els or away from slide prone areas; 
‘‘(iii) stabilizing slide areas; 
‘‘(iv) stabilizing slopes; 
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‘‘(v) lengthening or raising bridges to 
increase waterway openings; 
‘‘(vi) increasing the size or number of 
drainage structures; 
‘‘(vii) replacing culverts with bridges 
or upsizing culverts; 
‘‘(viii) installing seismic retrofits on 
bridges; 
‘‘(iv) adding scour protection at 
bridges; 
‘‘(x) scour, stream stability, coastal, 
and other hydraulic countermeasures; and 
‘‘(xi) the use of natural infrastruc-
ture.’’; 
(J) by inserting after paragraph (29), as 
so redesignated, the following: 
‘‘(30) REPEATEDLY DAMAGED FACILITY.—The 
term ‘repeatedly damaged facility’ means a road, 
highway, or bridge that has required repair and re-
construction activities on 2 or more occasions due to 
natural disasters or catastrophic failures resulting in 
emergencies declared by the Governor of the State 
in which the road, highway, or bridge is located or 
emergencies or major disasters declared by the 
President under the Robert T. Stafford Disaster Re-
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lief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.). 
‘‘(31) RESILIENCE.— 
‘‘(A) IN GENERAL.—The term ‘resilience’ 
means, with respect to a facility, the ability 
to— 
‘‘(i) anticipate, prepare for, or adapt 
to conditions; or 
‘‘(ii) withstand, respond to, or recover 
rapidly from disruptions. 
‘‘(B) INCLUSIONS.—Such term includes, 
with respect to a facility, the ability to— 
‘‘(i) resist hazards or withstand im-
pacts from disruptions; 
‘‘(ii) reduce the magnitude, duration, 
or impact of a disruption; or 
‘‘(iii) have the absorptive capacity, 
adaptive capacity, and recoverability to de-
crease vulnerability to a disruption.’’; and 
(K) by inserting after paragraph (38), as 
so redesignated, the following: 
‘‘(39) TRANSPORTATION SYSTEM ACCESS.—The 
term ‘transportation system access’ means the abil-
ity to travel by automobile, public transportation, 
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pedestrian, and bicycle networks, measured by travel 
time, taking into consideration— 
‘‘(A) the impacts of the level of travel 
stress for active travel; and 
‘‘(B) costs for low-income travelers.’’; and 
(2) in subsection (b)— 
(A) in paragraph (1) by striking ‘‘De-
fense,’’ and inserting ‘‘Defense Highways,’’; 
(B) in paragraph (3)— 
(i) in subparagraph (A) by striking 
‘‘Century’’ and inserting ‘‘century’’; 
(ii) in subparagraph (G) by striking ‘‘; 
and’’ and inserting a semicolon; 
(iii) in subparagraph (H) by striking 
‘‘Century.’’ and inserting ‘‘century;’’; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(I) safety is the highest priority of the 
Department of Transportation, and the Sec-
retary and States should take all actions nec-
essary to meet the transportation needs of the 
21st century for all road users; 
‘‘(J) climate change presents a significant 
risk to safety, the economy, and national secu-
rity, and reducing the contributions of the 
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transportation system to the Nation’s total car-
bon pollution is critical; and 
‘‘(K) the Secretary and States should take 
appropriate measures and ensure investments 
to increase the resilience of the Nation’s trans-
portation system.’’; and 
(C) in paragraph (4)(A) by inserting 
‘‘while ensuring that environmental protections 
are maintained’’ after ‘‘review process’’. 
SEC. 1104. APPORTIONMENT. 
(a) IN GENERAL.—Section 104 of title 23, United 
States Code, is amended— 
(1) in subsection (a)(1) by striking subpara-
graphs (A) through (E) and inserting the following; 
‘‘(A) $ 506,302,525 for fiscal year 2022; 
‘‘(B) $ 509,708,000 for fiscal year 2023; 
‘‘(C) $ 520,084,000 for fiscal year 2024; 
and 
‘‘(D) $ 530,459,000 for fiscal year 2025.’’; 
(2) by striking subsections (b) and (c) and in-
serting the following: 
‘‘(b) DIVISION
AMONG
PROGRAMS
OF
STATE’S 
SHARE OF APPORTIONMENT.—The Secretary shall dis-
tribute the amount apportioned to a State for a fiscal year 
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under subsection (c) among the covered programs as fol-
lows: 
‘‘(1) NATIONAL HIGHWAY PERFORMANCE PRO-
GRAM.—For the national highway performance pro-
gram, 55.09 percent of the amount remaining after 
distributing amounts under paragraphs (4), (6), and 
(7). 
‘‘(2) SURFACE
TRANSPORTATION
PROGRAM.— 
For the surface transportation program, 28.43 per-
cent of the amount remaining after distributing 
amounts under paragraphs (4), (6), and (7). 
‘‘(3) HIGHWAY
SAFETY
IMPROVEMENT
PRO-
GRAM.—For the highway safety improvement pro-
gram, 6.19 percent of the amount remaining after 
distributing amounts under paragraphs (4), (6), and 
(7). 
‘‘(4) CONGESTION MITIGATION AND AIR QUAL-
ITY IMPROVEMENT PROGRAM.— 
‘‘(A) IN
GENERAL.—For the congestion 
mitigation and air quality improvement pro-
gram, an amount determined for the State 
under subparagraphs (B) and (C). 
‘‘(B) TOTAL AMOUNT.—The total amount 
for the congestion mitigation and air quality 
improvement program for all States shall be— 
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‘‘(i) $2,913,925,833 for fiscal year 
2022; 
‘‘(ii) $2,964,919,535 for fiscal year 
2023; 
‘‘(iii) $3,024,217,926 for fiscal year 
2024; and 
‘‘(iv) $3,078,653,849 for fiscal year 
2025. 
‘‘(C) STATE SHARE.—For each fiscal year, 
the Secretary shall distribute among the States 
the amount for the congestion mitigation and 
air quality improvement program under sub-
paragraph (B) so that each State receives an 
amount equal to the proportion that— 
‘‘(i) the amount apportioned to the 
State for the congestion mitigation and air 
quality improvement program for fiscal 
year 2020; bears to 
‘‘(ii) the total amount of funds appor-
tioned to all States for such program for 
fiscal year 2020. 
‘‘(5) 
NATIONAL
HIGHWAY
FREIGHT
PRO-
GRAM.—For the national highway freight program, 
3.38 percent of the amount remaining after distrib-
uting amounts under paragraphs (4), (6), and (7). 
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‘‘(6) METROPOLITAN PLANNING.— 
‘‘(A) 
IN
GENERAL.—For 
metropolitan 
planning, an amount determined for the State 
under subparagraphs (B) and (C). 
‘‘(B) TOTAL AMOUNT.—The total amount 
for metropolitan planning for all States shall 
be— 
‘‘(i) $507,500,000 for fiscal year 
2022; 
‘‘(ii) $516,381,250 for fiscal year 
2023; 
‘‘(iii) $526,708,875 for fiscal year 
2024; and 
‘‘(iv) $536,189,635 for fiscal year 
2025. 
‘‘(C) STATE SHARE.—For each fiscal year, 
the Secretary shall distribute among the States 
the amount for metropolitan planning under 
subparagraph (B) so that each State receives 
an amount equal to the proportion that— 
‘‘(i) the amount apportioned to the 
State for metropolitan planning for fiscal 
year 2020; bears to 
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‘‘(ii) the total amount of funds appor-
tioned to all States for metropolitan plan-
ning for fiscal year 2020. 
‘‘(7) RAILWAY CROSSINGS.— 
‘‘(A) IN GENERAL.—For the railway cross-
ings program, an amount determined for the 
State under subparagraphs (B) and (C). 
‘‘(B) TOTAL AMOUNT.—The total amount 
for the railway crossings program for all States 
shall be $245,000,000 for each of fiscal years 
2022 through 2025. 
‘‘(C) STATE SHARE.— 
‘‘(i) IN
GENERAL.—For each fiscal 
year, the Secretary shall distribute among 
the States the amount for the railway 
crossings program under subparagraph (B) 
as follows: 
‘‘(I) 50 percent of the amount for 
a fiscal year shall be apportioned to 
States by the formula set forth in sec-
tion 104(b)(3)(A) (as in effect on the 
day before the date of enactment of 
MAP–21). 
‘‘(II) 50 percent of the amount 
for a fiscal year shall be apportioned 
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to States in the ratio that total public 
railway-highway crossings in each 
State bears to the total of such cross-
ings in all States. 
‘‘(ii) MINIMUM
APPORTIONMENT.— 
Notwithstanding clause (i), for each fiscal 
year, each State shall receive a minimum 
of one-half of 1 percent of the total 
amount for the railway crossings program 
for such fiscal year under subparagraph 
(B). 
‘‘(8) PRE-DISASTER
MITIGATION
PROGRAM.— 
For the pre-disaster mitigation program, 2.96 per-
cent of the amount remaining after distributing 
amounts under paragraphs (4), (6), and (7). 
‘‘(9) CARBON
POLLUTION
REDUCTION
PRO-
GRAM.—For the carbon pollution reduction program, 
3.95 percent of the amount remaining after distrib-
uting amounts under paragraphs (4), (6), and (7). 
‘‘(c) CALCULATION OF AMOUNTS.— 
‘‘(1) STATE SHARE.—For each of fiscal years 
2022 through 2025, the amount for each State shall 
be determined as follows: 
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‘‘(A) 
INITIAL
AMOUNTS.—The 
initial 
amounts for each State shall be determined by 
multiplying— 
‘‘(i) the combined amount authorized 
for appropriation for the fiscal year for the 
covered programs; by 
‘‘(ii) the share for each State, which 
shall be equal to the proportion that— 
‘‘(I) the amount of apportion-
ments that the State received for fis-
cal year 2020; bears to 
‘‘(II) the amount of those appor-
tionments received by all States for 
fiscal year 2020. 
‘‘(B) ADJUSTMENTS
TO
AMOUNTS.—The 
initial amounts resulting from the calculation 
under subparagraph (A) shall be adjusted to 
ensure that each State receives an aggregate 
apportionment equal to at least 95 percent of 
the estimated tax payments attributable to 
highway users in the State paid into the High-
way Trust Fund (other than the Mass Transit 
Account) in the most recent fiscal year for 
which data are available. 
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‘‘(2) STATE APPORTIONMENT.—On October 1 
of fiscal years 2022 through 2025, the Secretary 
shall apportion the sums authorized to be appro-
priated for expenditure on the covered programs in 
accordance with paragraph (1).’’; 
(3) in subsection (d)(1)(A)— 
(A) in clause (i) by striking ‘‘paragraphs 
(5)(D) and (6) of subsection (b)’’ and inserting 
‘‘subsection (b)(6)’’; and 
(B) in clause (ii) by striking ‘‘paragraphs 
(5)(D) and (6) of subsection (b)’’ and inserting 
‘‘subsection (b)(6)’’; and 
(4) by striking subsections (h) and (i) and in-
serting the following: 
‘‘(h) DEFINITION OF COVERED PROGRAMS.—In this 
section, the term ‘covered programs’ means— 
‘‘(1) the national highway performance program 
under section 119; 
‘‘(2) the surface transportation program under 
section 133; 
‘‘(3) the highway safety improvement program 
under section 148; 
‘‘(4) the congestion mitigation and air quality 
improvement program under section 149; 
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‘‘(5) the national highway freight program 
under section 167; 
‘‘(6) metropolitan planning under section 134; 
‘‘(7) the railway crossings program under sec-
tion 130(e); 
‘‘(8) the predisaster mitigation program under 
section 124; and 
‘‘(9) the carbon pollution reduction program 
under section 171.’’. 
(b) FEDERAL SHARE PAYABLE.—Section 120(c)(3) 
of title 23, United States Code, is amended— 
(1) in subparagraph (A) by striking ‘‘(5)(D),’’; 
and 
(2) 
in 
subparagraph 
(C)(i) 
by 
striking 
‘‘(5)(D)’’. 
(c) METROPOLITAN TRANSPORTATION PLANNING; 
TITLE 23.—Section 134(p) of title 23, United States 
Code, is amended by striking ‘‘paragraphs (5)(D) and (6) 
of section 104(b)’’ and inserting ‘‘section 104(b)(6)’’. 
(d) STATEWIDE AND NONMETROPOLITAN TRANSPOR-
TATION PLANNING.—Section 135(i) of title 23, United 
States Code, is amended by striking ‘‘paragraphs (5)(D) 
and (6) of section 104(b)’’ and inserting ‘‘section 
104(b)(6)’’. 
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(e) METROPOLITAN TRANSPORTATION PLANNING; 
TITLE 49.—Section 5303(p) of title 49, United States 
Code, is amended by striking ‘‘section 104(b)(5)’’ and in-
serting ‘‘section 104(b)(6)’’. 
SEC. 1105. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST 
FUND. 
Section 105 of title 23, United States Code, is 
amended— 
(1) in subsection (c)— 
(A) in paragraph (1)(A) by striking ‘‘to be 
appropriated’’ each place it appears; and 
(B) by adding at the end the following: 
‘‘(4) SPECIAL RULE.— 
‘‘(A) ADJUSTMENT.—In making an adjust-
ment under paragraph (1) for an allocation, 
reservation, or set-aside from an amount au-
thorized from the Highway Account or Mass 
Transit Account described in subparagraph (B), 
the Secretary shall— 
‘‘(i) determine the ratio that— 
‘‘(I) the amount authorized to be 
appropriated for the allocation, res-
ervation, or set-aside from the account 
for the fiscal year; bears to 
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‘‘(II) the total amount authorized 
to be appropriated for such fiscal year 
for all programs under such account; 
‘‘(ii) multiply the ratio determined 
under clause (i) by the amount of the ad-
justment 
determined 
under 
subsection 
(b)(1)(B); and 
‘‘(iii) adjust the amount that the Sec-
retary would have allocated for the alloca-
tion, reservation, or set-aside for such fis-
cal year but for this section by the amount 
calculated under clause (ii). 
‘‘(B) ALLOCATIONS, RESERVATIONS, AND 
SET-ASIDES.—The allocations, reservations, and 
set-asides described in this subparagraph are— 
‘‘(i) from the amount made available 
for a fiscal year for the Federal lands 
transportation program under section 203, 
the amounts allocated for a fiscal year for 
the National Park Service, the United 
States Fish and Wildlife Service, and the 
United States Forest Service; 
‘‘(ii) the amount made available for 
the Puerto Rico highway program under 
section 165(a)(1); and 
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‘‘(iii) the amount made available for 
the territorial highway program under sec-
tion 165(a)(2).’’; 
(2) in subsection (e)— 
(A) by striking ‘‘There is authorized’’ and 
inserting ‘‘For fiscal year 2022 and each fiscal 
year thereafter, there is authorized’’; and 
(B) by striking ‘‘for any of fiscal years 
2017 through 2020’’; and 
(3) in subsection (f)(1) by striking ‘‘section 
1102 or 3018 of the FAST Act’’ and inserting ‘‘any 
other provision of law’’. 
SEC. 1106. TRANSPARENCY. 
(a) APPORTIONMENT.—Section 104 of title 23, 
United States Code, is amended by striking subsection (g) 
and inserting the following: 
‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY AND 
ACCOUNTABILITY REPORTS.— 
‘‘(1) REQUIREMENT.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
compile data in accordance with this subsection 
on the use of Federal-aid highway funds made 
available under this title. 
‘‘(B) USER
FRIENDLY
DATA.—The data 
compiled under subparagraph (A) shall be in a 
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user friendly format that can be searched, 
downloaded, disaggregated, and filtered by data 
category. 
‘‘(2) PROJECT DATA.— 
‘‘(A) IN
GENERAL.—Not later than 120 
days after the end of each fiscal year, the Sec-
retary shall make available on the website of 
the Department of Transportation a report that 
describes— 
‘‘(i) the location of each active project 
within each State during such fiscal year, 
including in which congressional district or 
districts such project is located; 
‘‘(ii) the total cost of such project; 
‘‘(iii) the amount of Federal funding 
obligated for such project; 
‘‘(iv) the program or programs from 
which Federal funds have been obligated 
for such project; 
‘‘(v) whether such project is located in 
an area of the State with a population of— 
‘‘(I) less than 5,000 individuals; 
‘‘(II) 5,000 or more individuals 
but less than 50,000 individuals; 
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‘‘(III) 50,000 or more individuals 
but less than 200,000 individuals; or 
‘‘(IV) 200,000 or more individ-
uals; 
‘‘(vi) the type of improvement being 
made by such project, including catego-
rizing such project as— 
‘‘(I) 
a 
road 
reconstruction 
project; 
‘‘(II) a new road construction 
project; 
‘‘(III) a new bridge construction 
project; 
‘‘(IV) 
a 
bridge 
rehabilitation 
project; or 
‘‘(V) 
a 
bridge 
replacement 
project; 
‘‘(vii) the functional classification of 
the roadway on which such project is lo-
cated; and 
‘‘(viii) available information on the es-
timated cost of such project as of the start 
of project construction, or the revised cost 
estimate based on a description of revisions 
to the scope of work or other factors af-
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fecting project cost other than cost over-
runs. 
‘‘(B) INTERACTIVE MAP.—In addition to 
the data made available under subparagraph 
(A), the Secretary shall make available on the 
website of the Department of Transportation an 
interactive map that displays, for each active 
project, the information described in clauses (i) 
through (v) of subparagraph (A). 
‘‘(3) STATE DATA.— 
‘‘(A) APPORTIONED AND ALLOCATED PRO-
GRAMS.—The website described in paragraph 
(2)(A) shall display the Federal-aid highway 
funds apportioned and allocated to each State 
under this title, including— 
‘‘(i) the amount of funding available 
for obligation by the State at the start of 
the fiscal year; 
‘‘(ii) the amount of funding obligated 
by the State during such fiscal year; 
‘‘(ii) the amount of funding remaining 
available for obligation by the State at the 
end of such fiscal year; and 
‘‘(iii) changes in the obligated, unex-
pended balance for the State; 
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‘‘(B) PROGRAMMATIC DATA.—The data de-
scribed in subparagraph (A) shall include— 
‘‘(i) the amount of funding by each 
apportioned and allocated program for 
which the State received funding under 
this title; 
‘‘(ii) the amount of funding trans-
ferred between programs by the State dur-
ing the fiscal year using the authority pro-
vided under section 126; and 
‘‘(iii) the amount and program cat-
egory of Federal funds exchanged as de-
scribed in section 106(g)(6). 
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) ACTIVE PROJECT.— 
‘‘(i) IN GENERAL.—The term ‘active 
project’ means a Federal-aid highway 
project using funds made available under 
this title on which those funds were obli-
gated or expended during the fiscal year 
for which the estimated total cost as of the 
start of construction is greater than 
$5,000,000. 
‘‘(ii) EXCLUSION.—The term ‘active 
project’ does not include any project for 
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which funds are transferred to agencies 
other than the Federal Highway Adminis-
tration. 
‘‘(B) INTERACTIVE MAP.—The term ‘inter-
active map’ means a map displayed on the pub-
lic website of the Department of Transportation 
that allows a user to select and view informa-
tion for each active project, State, and Congres-
sional district. 
‘‘(C) STATE.—The term ‘State’ means any 
of the 50 States or the District of Columbia.’’. 
(b) PROJECT APPROVAL AND OVERSIGHT.—Section 
106 of title 23, United States Code, is amended— 
(1) in subsection (g)— 
(A) in paragraph (4) by striking subpara-
graph (B) and inserting the following: 
‘‘(B) ASSISTANCE TO STATES.—The Sec-
retary shall— 
‘‘(i) develop criteria for States to use 
to make the determination required under 
subparagraph (A); and 
‘‘(ii) provide training, guidance, and 
other assistance to States and subrecipi-
ents as needed to ensure that projects ad-
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ministered by subrecipients comply with 
the requirements of this title. 
‘‘(C) PERIODIC
REVIEW.—The Secretary 
shall review, not less frequently than every 2 
years, the monitoring of subrecipients by the 
States.’’; and 
(B) by adding at the end the following: 
‘‘(6) FEDERAL
FUNDING
EXCHANGE
PRO-
GRAMS.—A State may implement a program under 
which a subrecipient has the option to exchange 
Federal funds allocated to such subrecipient in ac-
cordance with the requirements of this title for State 
or local funds if the State certifies to the Secretary 
that the State has prevailing wage and domestic con-
tent requirements that are comparable to the re-
quirements under sections 113 and 313 and that 
such requirements shall apply to projects carried out 
using such funds if such projects would have been 
subject to the requirements of sections 113 and 313 
if such projects were carried out using Federal 
funds.’’; 
(2) in subsection (h)(3)— 
(A) in subparagraph (B) by striking ‘‘, as 
determined by the Secretary,’’; and 
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(B) in subparagraph (D) by striking ‘‘shall 
assess’’ and inserting ‘‘in the case of a project 
proposed to be advanced as a public-private 
partnership, shall include a detailed value for 
money analysis or comparable analysis to deter-
mine’’; and 
(3) by adding at the end the following: 
‘‘(k) MEGAPROJECTS.— 
‘‘(1) 
COMPREHENSIVE
RISK
MANAGEMENT 
PLAN.—To be authorized for the construction of a 
megaproject, the recipient of Federal financial as-
sistance under this title for such megaproject shall 
submit to the Secretary a comprehensive risk man-
agement plan that contains— 
‘‘(A) a description of the process by which 
the recipient will identify, quantify, and monitor 
the risks, including natural hazards, that might 
result in cost overruns, project delays, reduced 
construction quality, or reductions in benefits 
with respect to the megaproject; 
‘‘(B) examples of mechanisms the recipient 
will use to track risks identified pursuant to 
subparagraph (A); 
‘‘(C) a plan to control such risks; and 
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‘‘(D) such assurances as the Secretary de-
termines appropriate that the recipient shall, 
with respect to the megaproject— 
‘‘(i) regularly submit to the Secretary 
updated cost estimates; and 
‘‘(ii) maintain and regularly reassess 
financial reserves for addressing known 
and unknown risks. 
‘‘(2) PEER REVIEW GROUP.— 
‘‘(A) IN
GENERAL.—Not later than 90 
days after the date on which a megaproject is 
authorized for construction, the recipient of 
Federal financial assistance under this title for 
such megaproject shall establish a peer review 
group for such megaproject that consists of at 
least 5 individuals (including at least 1 indi-
vidual with project management experience) to 
give expert advice on the scientific, technical, 
and 
project 
management 
aspects 
of 
the 
megaproject. 
‘‘(B) MEMBERSHIP.— 
‘‘(i) IN
GENERAL.—Not later than 
180 days after the date of enactment of 
this subsection, the Secretary shall estab-
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lish guidelines describing how a recipient 
described in subparagraph (A) shall— 
‘‘(I) recruit and select members 
for a peer review group established 
under such subparagraph; and 
‘‘(II) make publicly available the 
criteria for such selection and identify 
the members so selected. 
‘‘(ii) CONFLICT
OF
INTEREST.—No 
member of a peer review group for a 
megaproject may have a direct or indirect 
financial interest in such megaproject. 
‘‘(C) TASKS.—A peer review group estab-
lished under subparagraph (A) by a recipient of 
Federal financial assistance for a megaproject 
shall— 
‘‘(i) meet annually until completion of 
the megaproject; 
‘‘(ii) not later than 90 days after the 
date of the establishment of the peer re-
view group and not later than 90 days 
after the date of any significant change, as 
determined by the Secretary, to the scope, 
schedule, or budget of the megaproject, re-
view the scope, schedule, and budget of the 
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megaproject, including planning, engineer-
ing, financing, and any other elements de-
termined appropriate by the Secretary; and 
‘‘(iii) submit to the Secretary, Con-
gress, and such recipient a report on the 
findings of each review under clause (ii). 
‘‘(3) TRANSPARENCY.—Not later than 90 days 
after the submission of a report under paragraph 
(2)(C)(iii), the Secretary shall publish on the website 
of the Department of Transportation such report. 
‘‘(4) MEGAPROJECT
DEFINED.—In this sub-
section, the term ‘megaproject’ means a project 
under this title that has an estimated total cost of 
$2,000,000,000 or more, and such other projects as 
may be identified by the Secretary. 
‘‘(l) SPECIAL EXPERIMENTAL PROJECTS.— 
‘‘(1) PUBLIC
AVAILABILITY.—The Secretary 
shall publish on the website of the Department of 
Transportation a copy of all letters of interest, pro-
posals, workplans, and reports related to the special 
experimental project authority pursuant to section 
502(b). 
‘‘(2) NOTIFICATION
AND
OPPORTUNITY
FOR 
COMMENT.—Not later than 30 days before making 
a determination to proceed with an experiment 
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under a letter of interest described in paragraph (1), 
the Secretary shall provide notification and an op-
portunity for public comment on the letter of inter-
est and the Secretary’s proposed response. 
‘‘(3) REPORT TO CONGRESS.—Not later than 2 
years after the date of enactment of the INVEST in 
America Act, 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 
that includes— 
‘‘(A) a summary of each experiment de-
scribed in this subsection carried out over the 
previous 5 years; and 
‘‘(B) legislative recommendations based on 
the findings of such experiments. 
‘‘(m) COMPETITIVE GRANT PROGRAM OVERSIGHT 
AND ACCOUNTABILITY.— 
‘‘(1) IN
GENERAL.—To ensure the account-
ability and oversight of the discretionary grant selec-
tion process administered by the Secretary, a cov-
ered program shall be subject to the requirements of 
this section, in addition to the requirements applica-
ble to each covered program. 
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‘‘(2) APPLICATION
PROCESS.—The Secretary 
shall— 
‘‘(A) develop a template for applicants to 
use to summarize— 
‘‘(i) project needs and benefits; and 
‘‘(ii) any factors, requirements, or 
considerations established for the applica-
ble covered program; 
‘‘(B) create a data driven process to evalu-
ate, as set forth in the covered program, each 
eligible project for which an application is re-
ceived; and 
‘‘(C) make a determination, based on the 
evaluation made pursuant to subparagraph (B), 
on any ratings, rankings, scores, or similar 
metrics for applications made to the covered 
program. 
‘‘(3) NOTIFICATION
OF
CONGRESS.—Not less 
than 30 days before making a grant for a covered 
program, the Secretary shall notify, in writing, the 
Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on 
the Environment and Public Works of the Senate 
of— 
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‘‘(A) the amount for each award proposed 
to be selected; 
‘‘(B) a description of the review process; 
‘‘(C) for each application, the determina-
tion made under paragraph (2)(C); and 
‘‘(D) a detailed explanation of the basis for 
each award proposed to be selected. 
‘‘(4) NOTIFICATION OF APPLICANTS.—Not later 
than 30 days after making a grant for a project 
under a covered program, the Secretary shall send 
to all applicants under such covered program, and 
publish on the website of the Department of Trans-
portation— 
‘‘(A) a summary of each application made 
to the covered program for the given round of 
funding; and 
‘‘(B) the evaluation and justification for 
the project selection, including all ratings, 
rankings, scores, or similar metrics for applica-
tions made to the covered program for the given 
round of funding during each phase of the 
grant selection process. 
‘‘(5) BRIEFING.—The Secretary shall provide, 
at the request of a grant applicant of a covered pro-
gram, the opportunity to receive a briefing to explain 
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any reasons the grant applicant was not awarded a 
grant. 
‘‘(6) TEMPLATE.—The Secretary shall, to the 
extent practicable, develop a template as described 
in paragraph (2)(A) for any discretionary program 
administered by the Secretary that is not a covered 
program. 
‘‘(7) COVERED PROGRAM DEFINED.—The term 
‘covered program’ means each of the following dis-
cretionary grant programs: 
‘‘(A) Community climate innovation grants 
under section 172. 
‘‘(B) Electric vehicle charging and hydro-
gen fueling infrastructure grants under section 
151(f). 
‘‘(C) Federal lands and tribal major 
projects grants under section 208. 
‘‘(D) Safe, efficient mobility through ad-
vanced 
technologies 
grants 
under 
section 
503(c)(4).’’. 
(c) DIVISION OFFICE CONSISTENCY.—Not later than 
1 year after the date of enactment of this Act, the Comp-
troller General of the United States shall submit to Con-
gress a report that— 
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(1) analyzes the consistency of determinations 
among division offices of the Federal Highway Ad-
ministration; and 
(2) makes recommendations to improve the con-
sistency of such determinations. 
SEC. 1107. COMPLETE AND CONTEXT SENSITIVE STREET 
DESIGN. 
(a) STANDARDS.—Section 109 of title 23, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1) by striking ‘‘planned 
future traffic of the highway in a manner that 
is conducive to’’ and inserting ‘‘future oper-
ational performance of the facility in a manner 
that enhances’’; and 
(B) in paragraph (2) by inserting ‘‘, taking 
into consideration context sensitive design prin-
ciples’’ after ‘‘each locality’’; 
(2) in subsection (b)— 
(A) by striking ‘‘The geometric’’ and in-
serting ‘‘DESIGN CRITERIA
FOR
THE INTER-
STATE SYSTEM.—The geometric’’; and 
(B) by striking ‘‘the types and volumes of 
traffic anticipated for such project for the twen-
ty-year period commencing on the date of ap-
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proval by the Secretary, under section 106 of 
this title, of the plans, specifications, and esti-
mates for actual construction of such project’’ 
and inserting ‘‘the existing and future oper-
ational performance of the facility’’; 
(3) in subsection (c)(1)— 
(A) in subparagraph (C) by striking ‘‘; 
and’’ and inserting a semicolon; 
(B) in subparagraph (D) by striking the 
period and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(E) context sensitive design principles.’’; 
(4) by striking subsection (o) and inserting the 
following: 
‘‘(o) COMPLIANCE WITH STATE LAWS FOR NON- 
NHS PROJECTS.— 
‘‘(1) IN GENERAL.—Projects (other than high-
way projects on the National Highway System) 
shall— 
‘‘(A) be designed, constructed, operated, 
and maintained in accordance with State laws, 
regulations, directives, safety standards, design 
standards, and construction standards; and 
‘‘(B) take into consideration context sen-
sitive design principles. 
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100 
‘‘(2) DESIGN FLEXIBILITY.— 
‘‘(A) IN
GENERAL.—A local jurisdiction 
may deviate from the roadway design publica-
tion used by the State in which the local juris-
diction is located for the design of a project on 
a roadway (other than a highway on the Na-
tional Highway System) if— 
‘‘(i) the deviation is approved by the 
Secretary; and 
‘‘(ii) the design complies with all other 
applicable Federal laws. 
‘‘(B) STATE-OWNED ROADS.—In the case 
of a roadway under the ownership of the State, 
the local jurisdiction may only deviate from the 
roadway design publication used by the State 
with the concurrence of the State. 
‘‘(C) PROGRAMMATIC
BASIS.—The Sec-
retary may approve a deviation under this para-
graph on a project, multiple project, or pro-
grammatic basis.’’; and 
(5) by adding at the end the following: 
‘‘(s) CONTEXT SENSITIVE DESIGN.— 
‘‘(1) CONTEXT
SENSITIVE
DESIGN
STAND-
ARDS.—The Secretary shall collaborate with Amer-
ican Association of State Highway Transportation 
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101 
Officials to ensure that any roadway design publica-
tions approved by the Secretary under this section 
provides adequate flexibility for a project sponsor to 
select the appropriate design of a roadway, con-
sistent with context sensitive design principles. 
‘‘(2) POLICIES OR PROCEDURES.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the Secretary publishes the final guidance 
described in paragraph (3), each State shall 
adopt policies or procedures to evaluate the con-
text of a proposed roadway and select the ap-
propriate design, consistent with context sen-
sitive design principles. 
‘‘(B) LOCAL
GOVERNMENTS.—The Sec-
retary and States shall encourage local govern-
ments to adopt policies or procedures described 
under subparagraph (A). 
‘‘(C) CONSIDERATIONS.—The policies or 
procedures developed under this paragraph 
shall take into consideration the guidance devel-
oped by the Secretary under paragraph (3). 
‘‘(3) GUIDANCE.— 
‘‘(A) IN GENERAL.— 
‘‘(i) NOTICE.—Not later than 1 year 
after the date of enactment of this sub-
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102 
section, the Secretary shall publish guid-
ance on the official website of the Depart-
ment of Transportation on context sen-
sitive design. 
‘‘(ii) PUBLIC
REVIEW
AND
COM-
MENT.—The guidance described in this 
paragraph shall be finalized following an 
opportunity for public review and com-
ment. 
‘‘(iii) UPDATE.—The Secretary shall 
periodically update the guidance described 
in this paragraph, including the model 
policies or procedures described under sub-
paragraph (B)(v). 
‘‘(B) REQUIREMENTS.—The guidance de-
scribed in this paragraph shall— 
‘‘(i) provide best practices for States, 
metropolitan planning organizations, re-
gional transportation planning organiza-
tions, local governments or other project 
sponsors to carry out context sensitive de-
sign principles; 
‘‘(ii) identify opportunities to modify 
planning, scoping, design, and development 
procedures to more effectively combine 
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103 
modes of transportation into integrated fa-
cilities that meet the needs of each of such 
modes of transportation in an appropriate 
balance; 
‘‘(iii) identify metrics to assess the 
context of the facility, including sur-
rounding land use or roadside characteris-
tics; 
‘‘(iv) assess the expected operational 
and safety performance of alternative ap-
proaches to facility design; and 
‘‘(v) taking into consideration the 
findings of this guidance, establish model 
policies or procedures for a State or other 
project sponsor to evaluate the context of 
a proposed facility and select the appro-
priate facility design for the context. 
‘‘(C) TOPICS OF EMPHASIS.—In publishing 
the guidance described in this paragraph, the 
Secretary shall emphasize— 
‘‘(i) procedures for identifying the 
needs of users of all ages and abilities of 
a particular roadway; 
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104 
‘‘(ii) procedures for identifying the 
types and designs of facilities needed to 
serve each class of users; 
‘‘(iii) safety and other benefits pro-
vided by carrying out context sensitive de-
sign principles; 
‘‘(iv) common barriers to carrying out 
context sensitive design principles; 
‘‘(v) procedures for overcoming the 
most common barriers to carrying out con-
text sensitive design principles; 
‘‘(vi) procedures for identifying the 
costs associated with carrying out context 
sensitive design principles; 
‘‘(vii) procedures for maximizing local 
cooperation in the introduction of context 
sensitive design principles and carrying out 
those principles; and 
‘‘(viii) procedures for assessing and 
modifying the facilities and operational 
characteristics of existing roadways to im-
prove consistency with context sensitive de-
sign principles. 
‘‘(4) 
FUNDING.—Amounts 
made 
available 
under sections 104(b)(6) and 505 of this title may 
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105 
be used for States, local governments, metropolitan 
planning organizations, or regional transportation 
planning organizations to adopt policies or proce-
dures to evaluate the context of a proposed roadway 
and select the appropriate design, consistent with 
context sensitive design principles.’’. 
(b) CONFORMING AMENDMENT.—Section 1404(b) of 
the FAST Act (23 U.S.C. 109 note) is repealed. 
SEC. 1108. INNOVATIVE PROJECT DELIVERY FEDERAL 
SHARE. 
(a) IN GENERAL.—Section 120(c)(3)(B) of title 23, 
United States Code, is amended— 
(1) by striking clause (i) and inserting the fol-
lowing: 
‘‘(i) prefabricated bridge elements and 
systems, innovative materials, and other 
technologies to reduce bridge construction 
time, extend service life, and reduce preser-
vation costs, as compared to conventionally 
designed and constructed bridges;’’; 
(2) by redesignating clause (vi) as clause (vii); 
(3) in clause (v) by striking ‘‘or’’ at the end; 
and 
(4) by inserting after clause (v) the following: 
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106 
‘‘(vi) innovative pavement materials 
that demonstrate reductions in greenhouse 
gas emissions through sequestration or in-
novative manufacturing processes; or’’. 
(b) TECHNICAL AMENDMENT.—Section 107(a)(2) of 
title 23, United States Code, is amended by striking ‘‘sub-
section (c) of’’. 
SEC. 1109. TRANSFERABILITY OF FEDERAL-AID HIGHWAY 
FUNDS. 
Section 126(b) of title 23, United States Code, is 
amended— 
(1) in the heading by inserting ‘‘AND PRO-
GRAMS’’ after ‘‘SET-ASIDES’’; 
(2) in paragraph 
(1) 
by 
striking 
‘‘and 
133(d)(1)(A)’’ and inserting ‘‘, 130, 133(d)(1)(A), 
and 133(h)’’; and 
(3) by striking paragraph (2) and inserting the 
following: 
‘‘(2) ENVIRONMENTAL
PROGRAMS.—With re-
spect to an apportionment under either paragraph 
(4) or paragraph (9) of section 104(b), and notwith-
standing subsection (a), a State may only transfer 
not more than 50 percent from the amount of the 
apportionment of either such paragraph to the ap-
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portionment under the other such paragraph in a 
fiscal year.’’. 
SEC. 1110. TOLLING. 
(a) TOLL ROADS, BRIDGES, TUNNELS, AND FER-
RIES.—Section 129 of title 23, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) IN GENERAL.— 
‘‘(A) AUTHORIZATION FOR FEDERAL PAR-
TICIPATION.—Subject to the provisions of this 
section, Federal participation shall be permitted 
on the same basis and in the same manner as 
construction of toll-free highways is permitted 
under this chapter in the— 
‘‘(i) initial construction of a toll high-
way, bridge, or tunnel or approach to the 
highway, bridge, or tunnel; 
‘‘(ii) initial construction of 1 or more 
lanes or other improvements that increase 
capacity of a highway, bridge, or tunnel 
(other than a highway on the Interstate 
System) and conversion of that highway, 
bridge, or tunnel to a tolled facility, if the 
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number of toll-free lanes, excluding auxil-
iary lanes, after the construction is not less 
than the number of toll-free lanes, exclud-
ing auxiliary lanes, before the construction; 
‘‘(iii) initial construction of 1 or more 
lanes or other improvements that increase 
the capacity of a highway, bridge, or tun-
nel on the Interstate System and conver-
sion of that highway, bridge, or tunnel to 
a tolled facility, if the number of toll-free 
non-HOV lanes, excluding auxiliary lanes, 
after such construction is not less than the 
number of toll-free non-HOV lanes, exclud-
ing auxiliary lanes, before such construc-
tion; 
‘‘(iv) reconstruction, resurfacing, res-
toration, rehabilitation, or replacement of a 
toll highway, bridge, or tunnel or approach 
to the highway, bridge, or tunnel; 
‘‘(v) reconstruction or replacement of 
a toll-free bridge or tunnel and conversion 
of the bridge or tunnel to a toll facility; 
‘‘(vi) reconstruction of a toll-free Fed-
eral-aid highway (other than a highway on 
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the Interstate System) and conversion of 
the highway to a toll facility; 
‘‘(vii) reconstruction, restoration, or 
rehabilitation of a highway on the Inter-
state System if the number of toll-free 
non-HOV lanes, excluding auxiliary lanes, 
after reconstruction, restoration, or reha-
bilitation is not less than the number of 
toll-free non-HOV lanes, excluding auxil-
iary lanes, before reconstruction, restora-
tion, or rehabilitation; 
‘‘(viii) conversion of a high occupancy 
vehicle lane on a highway, bridge, or tun-
nel to a toll facility, subject to the require-
ments of section 166; and 
‘‘(iv) preliminary studies to determine 
the feasibility of a toll facility for which 
Federal participation is authorized under 
this paragraph. 
‘‘(B) AGREEMENT TO TOLL.— 
‘‘(i) IN
GENERAL.—Before the Sec-
retary may authorize tolling as described 
in this paragraph, the public authority 
with jurisdiction over a highway, bridge, or 
tunnel shall enter into an agreement with 
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110 
the Secretary to ensure compliance with 
the requirements of this subsection. 
‘‘(ii) APPLICABILITY.— 
‘‘(I) IN
GENERAL.—The provi-
sions of this paragraph shall apply 
to— 
‘‘(aa) Federal participation 
under subparagraph (A); 
‘‘(bb) any prior Federal par-
ticipation in the facility proposed 
to be tolled; and 
‘‘(cc) conversion, with or 
without Federal participation, of 
a non-tolled lane on the National 
Highway System to a toll facility 
under subparagraph (E). 
‘‘(II) HOV FACILITY.—Except as 
otherwise provided in this subsection 
or section 166, the provisions of this 
paragraph shall not apply to a high 
occupancy vehicle facility. 
‘‘(iii) MAJOR FEDERAL ACTION.—Ap-
proval by the Secretary of an agreement to 
toll under this paragraph shall be consid-
ered a major Federal action under the Na-
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111 
tional Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.). 
‘‘(C) AGREEMENT CONDITIONS.—Prior to 
entering into an agreement to toll under this 
subsection, the public authority shall certify to 
the Secretary that— 
‘‘(i) the public authority has estab-
lished procedures to ensure the toll meets 
the purposes and requirements of this sub-
section; 
‘‘(ii) the facility shall provide for ac-
cess at no cost to public transportation ve-
hicles and over-the-road buses serving the 
public; and 
‘‘(iii) the facility shall provide for the 
regional interoperability of electronic toll 
collection, including through technologies 
or business practices. 
‘‘(D) CONSIDERATION OF IMPACTS.— 
‘‘(i) IN GENERAL.—Prior to entering 
into an agreement to toll under this sec-
tion, the Secretary shall ensure the public 
authority has adequately considered, in-
cluding by providing an opportunity for 
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public comment, the following factors with-
in the corridor: 
‘‘(I) Congestion impacts on both 
the toll facility and in the corridor or 
cordon (including adjacent toll-free fa-
cilities). 
‘‘(II) In the case of a non-attain-
ment or maintenance area, air quality 
impacts. 
‘‘(III) Planned investments to 
improve public transportation or other 
non-tolled alternatives in the corridor. 
‘‘(IV) Environmental justice and 
equity impacts. 
‘‘(V) Impacts on freight move-
ment. 
‘‘(VI) Economic impacts on busi-
nesses. 
‘‘(ii) CONSIDERATION
IN
ENVIRON-
MENTAL
REVIEW.—Nothing in this sub-
paragraph shall limit a public authority 
from meeting the requirements of this sub-
paragraph through the environmental re-
view process, as applicable. 
‘‘(E) CONGESTION PRICING.— 
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‘‘(i) IN
GENERAL.—The Secretary 
may authorize conversion of a non-tolled 
lane on the National Highway System to a 
toll facility to utilize variable pricing to 
manage the demand to use the facility by 
varying the toll amount that is charged. 
‘‘(ii) REQUIREMENT.—Prior to enter-
ing into an agreement to convert a non- 
tolled lane on the National Highway Sys-
tem to a toll facility, the Secretary shall 
ensure (in addition to the requirements 
under subparagraphs (B), (C), and (D)) 
that such toll facility and the planned in-
vestments to improve public transportation 
or other non-tolled alternatives in the cor-
ridor are reasonably expected to improve 
the operation of the cordon or corridor, as 
described in clauses (iii) and (iv). 
‘‘(iii) PERFORMANCE MONITORING.— 
A public authority that enters into an 
agreement to convert a non-tolled lane to 
a toll facility under this subparagraph 
shall— 
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‘‘(I) establish, monitor, and sup-
port a performance monitoring, eval-
uation, and reporting program— 
‘‘(aa) for the toll facility 
that 
provides 
for 
continuous 
monitoring, assessment, and re-
porting on the impacts that the 
pricing structure may have on 
the operation of the facility; and 
‘‘(bb) for the corridor or cor-
don that provides for continuous 
monitoring, assessment, and re-
porting on the impacts of conges-
tion pricing on the operation of 
the corridor or cordon; 
‘‘(II) submit to the Secretary an-
nual reports of the impacts described 
in subclause (I); and 
‘‘(III) if the facility or the cor-
ridor or cordon becomes degraded, as 
described in clause (iv), submit to the 
Secretary an annual update that de-
scribes the actions proposed to bring 
the toll facility into compliance and 
the progress made on such actions. 
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‘‘(iv) DETERMINATION.— 
‘‘(I) DEGRADED
OPERATION.— 
For purposes of clause (iii)(III), the 
operation of a toll facility shall be 
considered to be degraded if vehicles 
operating on the facility are failing to 
maintain a minimum average oper-
ating speed 90 percent of the time 
over a consecutive 180-day period 
during morning or evening weekday 
peak hour periods (or both). 
‘‘(II) DEGRADED
CORRIDOR
OR 
CORDON.—For the purposes of clause 
(iii)(III), a corridor or cordon shall be 
considered to be degraded if conges-
tion pricing or investments to improve 
public transportation or other non- 
tolled alternatives have not resulted 
in— 
‘‘(aa) an increase in person 
or freight throughput in the cor-
ridor or cordon; and 
‘‘(bb) a reduction in person 
hours of delay in the corridor or 
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116 
cordon, as determined by the 
Secretary. 
‘‘(III) DEFINITION OF MINIMUM 
AVERAGE OPERATING SPEED.—In this 
subparagraph, the term ‘minimum av-
erage operating speed’ means— 
‘‘(aa) 45 miles per hour, in 
the case of a toll facility with a 
speed limit of 50 miles per hour 
or greater; and 
‘‘(bb) not more than 10 
miles per hour below the speed 
limit, in the case of a toll facility 
with a speed limit of less than 50 
miles per hour. 
‘‘(v) MAINTENANCE
OF
OPERATING 
PERFORMANCE.— 
‘‘(I) IN
GENERAL.—Not later 
than 180 days after the date on which 
a facility or a corridor or cordon be-
comes degraded under clause (iv), the 
public authority with jurisdiction over 
the facility shall submit to the Sec-
retary for approval a plan that details 
the actions the public authority will 
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117 
take to make significant progress to-
ward bringing the facility or corridor 
or cordon into compliance with this 
subparagraph. 
‘‘(II) NOTICE OF APPROVAL OR 
DISAPPROVAL.—Not later than 60 
days after the date of receipt of a 
plan under subclause (I), the Sec-
retary shall provide to the public au-
thority a written notice indicating 
whether the Secretary has approved 
or disapproved the plan based on a 
determination of whether the imple-
mentation of the plan will make sig-
nificant progress toward bringing the 
facility or corridor or cordon into 
compliance with this subparagraph. 
‘‘(III) UPDATE.—Until the date 
on which the Secretary determines 
that the public authority has brought 
facility or corridor or cordon into 
compliance with this subparagraph, 
the public authority shall submit an-
nual updates that describe— 
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118 
‘‘(aa) the actions taken to 
bring the facility into compliance; 
‘‘(bb) the actions taken to 
bring the corridor or cordon into 
compliance; and 
‘‘(cc) the progress made by 
those actions. 
‘‘(IV) COMPLIANCE.—If a public 
authority fails to bring a facility into 
compliance under this subparagraph, 
the Secretary may subject the public 
authority 
to 
appropriate 
program 
sanctions under section 1.36 of title 
23, Code of Federal Regulations (or 
successor regulations), until the per-
formance is no longer degraded. 
‘‘(vi) CONSULTATION OF MPO.—If a 
toll facility authorized under this subpara-
graph is located on the National Highway 
System and in a metropolitan planning 
area established in accordance with section 
134, the public authority shall consult with 
the metropolitan planning organization for 
the area. 
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‘‘(vii) INCLUSION.—For the purposes 
of this paragraph, the corridor or cordon 
shall include toll-free facilities that are ad-
jacent to the toll facility.’’; 
(B) in paragraph (3)— 
(i) in subparagraph (A)— 
(I) in clause (iv) by striking 
‘‘and’’ at the end; and 
(II) by striking clause (v) and in-
serting the following: 
‘‘(v) any project eligible under this 
title or chapter 53 of title 49 that improves 
the operation of the corridor or cordon by 
increasing person or freight throughput 
and reducing person hours of delay; 
‘‘(vi) toll discounts or rebates for 
users of the toll facility that have no rea-
sonable alternative transportation method 
to the toll facility; and 
‘‘(vii) if the public authority certifies 
annually that the tolled facility is being 
adequately maintained and the cordon or 
corridor is not degraded under paragraph 
(1)(E), any revenues remaining after fund-
ing the activities described in clauses (i) 
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through (vi) shall be considered surplus 
revenue and may be used for any other 
purpose for which Federal funds may be 
obligated by a State under this title or 
chapter 53 of title 49.’’; 
(ii) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) TRANSPARENCY.— 
‘‘(i) ANNUAL AUDIT.— 
‘‘(I) IN GENERAL.—A public au-
thority with jurisdiction over a toll fa-
cility shall conduct or have an inde-
pendent auditor conduct an annual 
audit of toll facility records to verify 
adequate maintenance and compliance 
with subparagraph (A), and report the 
results of the audits to the Secretary. 
‘‘(II) RECORDS.—On reasonable 
notice, the public authority shall make 
all records of the public authority per-
taining to the toll facility available for 
audit by the Secretary. 
‘‘(ii) SURPLUS
REVENUES.—A State 
that obligates amounts under clauses (v), 
(vi), or (vii) of subparagraph (A) shall an-
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121 
nually report to the Secretary a list of ac-
tivities funded with such amounts and the 
amount of funding provided for each such 
activity.’’; 
(C) in paragraph (8) by striking ‘‘as of the 
date of enactment of the MAP–21, before com-
mencing any activity authorized’’ and inserting 
‘‘, before commencing any activity authorized’’; 
and 
(D) by striking paragraph (10) and insert-
ing the following: 
‘‘(10) 
INTEROPERABILITY
OF
ELECTRONIC 
TOLL COLLECTION.—All toll facilities on Federal-aid 
highways shall provide for the regional interoper-
ability of electronic toll collection, including through 
technologies or business practices. 
‘‘(11) NONCOMPLIANCE.—If the Secretary con-
cludes that a public authority has not complied with 
the requirements of this subsection, the Secretary 
may require the public authority to discontinue col-
lecting tolls until the public authority and the Sec-
retary enter into an agreement for the public author-
ity to achieve compliance with such requirements. 
‘‘(12) DEFINITIONS.—In this subsection, the 
following definitions apply: 
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‘‘(A) FEDERAL PARTICIPATION.—The term 
‘Federal participation’ means the use of funds 
made available under this title. 
‘‘(B) HIGH OCCUPANCY VEHICLE; HOV.— 
The term ‘high occupancy vehicle’ or ‘HOV’ 
means a vehicle with not fewer than 2 occu-
pants. 
‘‘(C) INITIAL CONSTRUCTION.— 
‘‘(i) IN GENERAL.—The term ‘initial 
construction’ means the construction of a 
highway, bridge, tunnel, or other facility at 
any time before it is open to traffic. 
‘‘(ii) EXCLUSIONS.—The term ‘initial 
construction’ does not include any improve-
ment to a highway, bridge, tunnel, or other 
facility after it is open to traffic. 
‘‘(D) OVER-THE-ROAD
BUS.—The term 
‘over-the-road bus’ has the meaning given the 
term in section 301 of the Americans with Dis-
abilities Act of 1990 (42 U.S.C. 12181). 
‘‘(E) 
PUBLIC
AUTHORITY.—The 
term 
‘public authority’ means a State, interstate 
compact of States, or public entity designated 
by a State. 
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‘‘(F) 
PUBLIC
TRANSPORTATION
VEHI-
CLE.—The term ‘public transportation vehicle’ 
has the meaning given that term in section 166. 
‘‘(G) TOLL FACILITY.—The term ‘toll fa-
cility’ means a toll highway, bridge, or tunnel or 
approach to the highway, bridge, or tunnel con-
structed or authorized to be tolled under this 
subsection.’’. 
(b) REPEAL OF INTERSTATE SYSTEM RECONSTRUC-
TION AND REHABILITATION PILOT PROGRAM.—Section 
1216 of the Transportation Equity Act for the 21st Cen-
tury (23 U.S.C. 129 note), and the item related to such 
section in the table of contents in section 1(b) of such Act, 
are repealed. 
(c) VALUE
PRICING
PILOT
PROGRAM.—Section 
1012(b) of the Intermodal Surface Transportation Effi-
ciency Act of 1991 (23 U.S.C. 149 note) is amended by 
adding at the end the following: 
‘‘(9) SUNSET.—The Secretary may not consider 
an expression of interest submitted under this sec-
tion after the date of enactment of this paragraph.’’. 
(d) SAVINGS CLAUSE.— 
(1) APPLICATION
OF
LIMITATIONS.—Any toll 
facility described in paragraph (2) shall be subject to 
the requirements of section 129(a)(3) of title 23, 
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United States Code, as in effect on the day before 
the date of enactment of this Act. 
(2) TOLL FACILITIES.—A toll facility described 
in this paragraph is a facility that, on the day prior 
to the date of enactment of this Act was— 
(A) operating; 
(B) in the planning and design phase; or 
(C) in the construction phase. 
SEC. 1111. HOV FACILITIES. 
Section 166 of title 23, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (4)(C)(iii) by striking 
‘‘transportation buses’’ and inserting ‘‘transpor-
tation vehicles’’; and 
(B) in paragraph (5) by striking subpara-
graph (B) and redesignating subparagraph (C) 
as subparagraph (B); 
(2) in subsection (e)— 
(A) by striking ‘‘Not later than 180 days 
after the date of enactment of this section, the 
Administrator’’ and inserting ‘‘The Adminis-
trator’’; 
(B) in paragraph (1) by striking ‘‘and’’ at 
the end; 
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(C) in paragraph (2) by striking the period 
at the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(3) not later than 180 days after the date of 
enactment of the INVEST in America Act, update 
the requirements established under paragraph (1).’’; 
and 
(3) in subsection (f)— 
(A) in paragraph (1)— 
(i) by striking subparagraphs (C), 
(D), and (F); and 
(ii) by redesignating subparagraphs 
(E), (G), (H), and (I) as subparagraphs 
(C), (D), (E), and (F), respectively; and 
(B) in paragraph (6)(B)(i) by striking 
‘‘public entity’’ and inserting ‘‘public transpor-
tation service that is a recipient or subrecipient 
of funds under chapter 53 of title 49’’. 
SEC. 1112. BUY AMERICA. 
(a) IN GENERAL.—Section 313 of title 23, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘Notwithstanding’’ and in-
serting ‘‘IN GENERAL—Notwithstanding’’; 
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(B) by striking ‘‘Secretary of Transpor-
tation’’ and inserting ‘‘Secretary’’; and 
(C) by striking ‘‘the Surface Transpor-
tation Assistance Act of 1982 (96 Stat. 2097) 
or’’; 
(2) in subsection (b) by inserting ‘‘DETERMINA-
TION.—’’ before ‘‘The provisions’’; 
(3) in subsection (c) by striking ‘‘For purposes’’ 
and inserting ‘‘CALCULATION—For purposes’’; 
(4) in subsection (d)— 
(A) by striking ‘‘The Secretary of Trans-
portation’’ and inserting ‘‘REQUIREMENTS— 
The Secretary’’; and 
(B) by striking ‘‘the Surface Transpor-
tation Assistance Act of 1982 (96 Stat. 2097) 
or’’; and 
(5) by adding at the end the following: 
‘‘(h) WAIVER PROCEDURE.— 
‘‘(1) IN GENERAL.—Not later than 120 days 
after the submission of a request for a waiver, the 
Secretary shall make a determination under para-
graph (1) or (2) of subsection (b) as to whether sub-
section (a) shall apply. 
‘‘(2) PUBLIC NOTIFICATION AND COMMENT.— 
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‘‘(A) IN
GENERAL.—Not later than 30 
days before making a determination regarding a 
waiver described in paragraph (1), the Sec-
retary shall provide notification and an oppor-
tunity for public comment on the request for 
such waiver. 
‘‘(B) NOTIFICATION REQUIREMENTS.—The 
notification required under subparagraph (A) 
shall— 
‘‘(i) describe whether the application 
is being made for a determination de-
scribed in subsection (b)(1); and 
‘‘(ii) be provided to the public by elec-
tronic means, including on the public 
website of the Department of Transpor-
tation. 
‘‘(3) DETERMINATION.—Before a determination 
described in paragraph (1) takes effect, the Sec-
retary shall publish a detailed justification for such 
determination that addresses all public comments re-
ceived under paragraph (2)— 
‘‘(A) on the public website of the Depart-
ment of Transportation; and 
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‘‘(B) if the Secretary issues a waiver with 
respect to such determination, in the Federal 
Register. 
‘‘(i) REVIEW OF NATIONWIDE WAIVERS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this subsection, and at 
least every 5 years thereafter, the Secretary shall re-
view any standing nationwide waiver issued by the 
Secretary under this section to ensure such waiver 
remains justified. 
‘‘(2) PUBLIC NOTIFICATION AND OPPORTUNITY 
FOR COMMENT.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days before the completion of a review under 
paragraph (1), the Secretary shall provide noti-
fication and an opportunity for public comment 
on such review. 
‘‘(B) MEANS OF NOTIFICATION.—Notifica-
tion provided under this subparagraph shall be 
provided by electronic means, including on the 
public website of the Department of Transpor-
tation. 
‘‘(3) DETAILED
JUSTIFICATION
IN
FEDERAL 
REGISTER.—After the completion of a review under 
paragraph (1), the Secretary shall publish in the 
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129 
Federal Register a detailed justification for the de-
termination made under paragraph (1) that address-
es all public comments received under paragraph 
(2). 
‘‘(j) REPORT.—Not later than 120 days after the last 
day of each fiscal year, the Secretary shall submit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives, the Committee on Appropria-
tions of the House of Representatives, the Committee on 
Environment and Public Works of the Senate, and the 
Committee on Appropriations of the Senate a report on 
the waivers provided under subsection (h) during the pre-
vious fiscal year and the justifications for such waivers.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) 
CONSOLIDATED
APPROPRIATIONS
ACT, 
2010.—Section 123 of title I of division A of the 
Consolidated Appropriations Act, 2010 (23 U.S.C. 
313 note; Public Law 111–117) is repealed. 
(2) 
CONSOLIDATED
APPROPRIATIONS
ACT, 
2019.—Section 122 of title I of division H of the 
Consolidated Appropriations Act, 2019 (23 U.S.C. 
313 note; Public Law 116–94) is repealed. 
(3) SAFETEA–LU TECHNICAL CORRECTIONS 
ACT OF 2008.—Section 117 of the SAFETEA–LU 
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130 
Technical Corrections Act of 2008 (23 U.S.C. 313 
note) is repealed. 
Subtitle B—Programmatic 
Infrastructure Investment 
SEC. 1201. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 
Section 119 of title 23, United States Code, is 
amended— 
(1) by striking subsection (b) and inserting the 
following: 
‘‘(b) PURPOSES.—The purposes of the national high-
way performance program shall be— 
‘‘(1) to provide support for the condition and 
performance of Federal-aid highways and bridges on 
the National Highway System, consistent with the 
asset management plans of States; 
‘‘(2) to support progress toward the achieve-
ment of performance targets of States established 
under section 150; 
‘‘(3) to increase the resilience of Federal-aid 
highways and bridges; and 
‘‘(4) to provide support for the construction of 
new facilities on the National Highway System, con-
sistent with subsection (d)(3).’’; 
(2) in subsection (d)— 
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131 
(A) in paragraph (1)(A) by striking ‘‘or 
freight movement on the National Highway 
System’’ and inserting ‘‘freight movement, envi-
ronmental sustainability, transportation system 
access, or combating climate change’’; 
(B) in paragraph (1)(B) by striking ‘‘and’’ 
at the end; 
(C) in paragraph (2)— 
(i) in subparagraph (G)— 
(I) in clause (i) by inserting 
‘‘and’’ at the end; 
(II) in clause (ii) by striking ‘‘; 
and’’ and inserting a period; and 
(III) by striking clause (iii); 
(ii) in subparagraph (I) by inserting 
‘‘, including the installation of safety bar-
riers and nets on bridges on the National 
Highway System’’ after ‘‘National High-
way System’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(Q) Projects on or off the National High-
way System to reduce greenhouse gas emissions 
that are eligible under section 171, including 
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132 
the installation of electric vehicle charging in-
frastructure. 
‘‘(R) Projects on or off the National High-
way System to enhance resilience of a transpor-
tation facility, including protective features. 
‘‘(S) 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 section. 
‘‘(T) Projects on or off the National High-
way System to improve an evacuation route eli-
gible under section 124(b)(1)(C); and’’; and 
(D) by adding at the end the following: 
‘‘(3) a project that is otherwise eligible under 
this subsection to construct new capacity for single 
occupancy passenger vehicles only if the State— 
‘‘(A) has demonstrated progress in achiev-
ing a state of good repair on the National 
Highway System; and 
‘‘(B) demonstrates that the project— 
‘‘(i) supports the achievement of per-
formance targets of the State established 
under section 150; and 
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133 
‘‘(ii) is more cost effective, as deter-
mined by benefit-cost analysis, than— 
‘‘(I) an operational improvement 
to the facility or corridor; 
‘‘(II) the construction of a transit 
project eligible for assistance under 
chapter 53 of title 49; or 
‘‘(III) the construction of a non- 
single occupancy passenger vehicle 
project that improves freight move-
ment.’’; and 
(3) in subsection (e)— 
(A) in the heading by inserting ‘‘ASSET 
AND’’ after ‘‘STATE’’; 
(B) in paragraph (4)(D) by striking ‘‘anal-
ysis’’ and inserting ‘‘analyses, both of which 
shall take into consideration climate change ad-
aptation and resilience;’’; and 
(C) in paragraph (8) by striking ‘‘Not later 
than 18 months after the date of enactment of 
the MAP–21, the Secretary’’ and inserting 
‘‘The Secretary’’. 
SEC. 1202. INCREASING THE RESILIENCE OF TRANSPOR-
TATION ASSETS. 
(a) PREDISASTER MITIGATION PROGRAM.— 
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134 
(1) IN GENERAL.—Chapter 1 of title 23, United 
States Code, is amended by inserting after section 
123 the following: 
‘‘§ 124. Predisaster mitigation program 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish and implement a predisaster mitigation program to 
enhance the resilience of the transportation system of the 
United States, mitigate the impacts of covered events, and 
ensure the efficient use of Federal resources. 
‘‘(b) ELIGIBLE ACTIVITIES.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
funds apportioned to the State under section 
104(b)(8) may be obligated for construction activi-
ties, including construction of natural infrastructure 
or protective features, to— 
‘‘(A) increase the resilience of a surface 
transportation infrastructure asset to withstand 
a covered event; 
‘‘(B) relocate or provide a reasonable alter-
native to a repeatedly damaged facility; and 
‘‘(C) for an evacuation route identified in 
the vulnerability assessment required under sec-
tion 134(i)(2)(I)(iii) or section 135(f)(10)(C)— 
‘‘(i) improve the capacity or operation 
of such evacuation route through— 
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135 
‘‘(I) communications and intel-
ligent transportation system equip-
ment and infrastructure; 
‘‘(II) counterflow measures; and 
‘‘(III) shoulders; and 
‘‘(ii) relocate such evacuation route or 
provide a reasonable alternative to such 
evacuation route to address the risk of a 
covered event. 
‘‘(2) INFRASTRUCTURE RESILIENCE AND ADAP-
TATION.—No funds shall be obligated to a project 
under this section unless the project meets each of 
the following criteria: 
‘‘(A) The project is designed to ensure re-
silience over the anticipated service life of the 
surface transportation infrastructure asset. 
‘‘(B) The project is identified in the metro-
politan or statewide transportation improve-
ment program as a project to address resilience 
vulnerabilities, 
consistent 
with 
section 
134(j)(3)(E) or 135(g)(5)(B)(iii). 
‘‘(C) For a project in a flood plain, the 
project sponsor considers hydrologic and hy-
draulic data and methods that integrate current 
and projected changes in flooding based on cli-
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136 
mate science and future land use changes over 
the anticipated service life of the surface trans-
portation infrastructure asset. 
‘‘(3) PRIORITIZATION OF PROJECTS.—A State 
shall develop a process to prioritize projects under 
this section based on the degree to which the pro-
posed project would— 
‘‘(A) be cost effective; 
‘‘(B) reduce the risk of disruption to a sur-
face transportation infrastructure asset consid-
ered critical to support population centers, 
freight movement, economic activity, evacu-
ation, recovery, or national security functions; 
and 
‘‘(C) ease disruptions to vulnerable, at- 
risk, or transit-dependant populations. 
‘‘(c) GUIDANCE.—The Secretary shall provide guid-
ance to States to assist with the implementation of para-
graphs (2) and (3) of subsection (b). 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) COVERED
EVENT.—The term ‘covered 
event’ means a climate change effect (including sea 
level rise), an extreme event, seismic activity, or any 
other natural disaster (including a wildfire). 
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137 
‘‘(2) SURFACE TRANSPORTATION INFRASTRUC-
TURE ASSET.—The term ‘surface transportation in-
frastructure asset’ means a facility eligible for as-
sistance under this title or chapter 53 of title 49.’’. 
(2) CONFORMING AMENDMENT.—The analysis 
for chapter 1 of title 23, United States Code, is 
amended by inserting after the item relating to sec-
tion 123 the following: 
‘‘124. Predisaster mitigation program.’’. 
(b) METROPOLITAN TRANSPORTATION PLANNING.— 
(1) AMENDMENTS TO TITLE 23.— 
(A) CLIMATE CHANGE AND RESILIENCE.— 
Section 134(i)(2) of title 23, United States 
Code, is amended by adding at the end the fol-
lowing: 
‘‘(I) CLIMATE CHANGE AND RESILIENCE.— 
‘‘(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. 
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138 
‘‘(ii) CLIMATE
CHANGE
MITIGATION 
AND
IMPACTS.—A long-range transpor-
tation plan shall— 
‘‘(I) identify investments and 
strategies to reduce transportation-re-
lated sources of greenhouse gas emis-
sions per capita; 
‘‘(II) identify investments and 
strategies to manage transportation 
demand and increase the rates of pub-
lic transportation ridership, walking, 
bicycling, and carpools; and 
‘‘(III) recommend zoning and 
other land use policies that would sup-
port infill, transit-oriented develop-
ment, and mixed use development. 
‘‘(iii) VULNERABILITY ASSESSMENT.— 
A long-range transportation plan shall in-
corporate a vulnerability assessment that— 
‘‘(I) includes a risk-based assess-
ment of vulnerabilities of critical 
transportation assets and systems to 
covered events (as such term is de-
fined in section 124); 
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139 
‘‘(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-
ties; 
‘‘(III) 
identifies 
evacuation 
routes, assesses the ability of any 
such routes to provide safe passage 
for evacuation and emergency re-
sponse during an emergency event, 
and identifies any improvements or 
redundant facilities necessary to ade-
quately facilitate 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 and local 
mitigation plans required under sec-
tion 322 of the Robert T. Stafford 
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140 
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 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 projects that address the 
vulnerabilities identified by the assessment 
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: 
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141 
‘‘(I) CLIMATE CHANGE AND RESILIENCE.— 
‘‘(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-
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142 
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 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; 
‘‘(III) 
identifies 
evacuation 
routes, assesses the ability of any 
such routes to provide safe passage 
for evacuation and emergency re-
sponse during an emergency event, 
and identifies any improvements or 
redundant facilities necessary to ade-
quately facilitate safe passage; 
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143 
‘‘(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 and local 
mitigation plans required under sec-
tion 322 of the Robert T. Stafford 
Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5165). 
‘‘(iv) CONSULTATION.—The assess-
ment described in this subparagraph shall 
be developed in consultation, as appro-
priate, with State, local, and Tribal offi-
cials responsible for land use, housing, re-
silience, hazard mitigation, and emergency 
management.’’. 
(B) 
RESILIENCE
PROJECTS.—Section 
5303(j)(3) of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(E) RESILIENCE
PROJECTS.—The TIP 
shall— 
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144 
‘‘(i) identify projects that address the 
vulnerabilities identified by the assessment 
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.’’. 
(c) STATEWIDE
AND
NONMETROPOLITAN
PLAN-
NING.— 
(1) AMENDMENTS TO TITLE 23.— 
(A) CLIMATE CHANGE AND RESILIENCE.— 
Section 135(f) of title 23, United States Code, 
is amended by adding at the end the following: 
‘‘(10) CLIMATE CHANGE AND RESILIENCE.— 
‘‘(A) IN
GENERAL.—The transportation 
planning process shall assess strategies to re-
duce the climate change impacts of the surface 
transportation system and conduct a vulner-
ability assessment to identify opportunities to 
enhance the resilience of the surface transpor-
tation system and ensure the efficient use of 
Federal resources. 
‘‘(B) CLIMATE CHANGE MITIGATION AND 
IMPACTS.—A long-range transportation plan 
shall— 
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145 
‘‘(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 
management plan developed pursuant to 
section 119, and the State’s evaluation of 
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146 
reasonable alternatives to repeatedly dam-
aged facilities; 
‘‘(iii) identifies evacuation routes, as-
sesses the ability of any such routes to pro-
vide safe passage for evacuation and emer-
gency response during an emergency event, 
and identifies any improvements or redun-
dant facilities necessary to adequately fa-
cilitate safe passage; 
‘‘(iv) describes the metropolitan plan-
ning organization’s adaptation and resil-
ience improvement strategies that will in-
form the transportation investment deci-
sions of the metropolitan planning organi-
zation; and 
‘‘(v) is consistent with and com-
plementary of the State and local mitiga-
tion plans required under section 322 of 
the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 
5165). 
‘‘(D) 
CONSULTATION.—The 
assessment 
described in this subparagraph shall be devel-
oped in consultation with, as appropriate, State, 
local, and Tribal officials responsible for land 
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147 
use, housing, resilience, hazard mitigation, and 
emergency 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-
duce the climate change impacts of the surface 
transportation system and conduct a vulner-
ability assessment to identify opportunities to 
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148 
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— 
‘‘(i) includes a risk-based assessment 
of vulnerabilities of critical transportation 
assets and systems to covered events (as 
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149 
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; 
‘‘(iii) identifies evacuation routes, as-
sesses the ability of any such routes to pro-
vide safe passage for evacuation and emer-
gency response during an emergency event, 
and identifies any improvements or redun-
dant facilities necessary to adequately fa-
cilitate safe passage; 
‘‘(iv) describes the metropolitan plan-
ning organization’s adaptation and resil-
ience improvement strategies that will in-
form the transportation investment deci-
sions of the metropolitan planning organi-
zation; and 
‘‘(v) is consistent with and com-
plementary of the State and local mitiga-
tion plans required under section 322 of 
the Robert T. Stafford Disaster Relief and 
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150 
Emergency Assistance Act (42 U.S.C. 
5165). 
‘‘(D) 
CONSULTATION.—The 
assessment 
described in this subparagraph shall be devel-
oped in consultation with, as appropriate, State, 
local, and Tribal officials responsible for land 
use, housing, resilience, hazard mitigation, and 
emergency management.’’. 
(B) 
RESILIENCE
PROJECTS.—Section 
5304(g)(5)(B) of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘(iii) RESILIENCE
PROJECTS.—The 
STIP shall— 
‘‘(I) identify projects that ad-
dress the vulnerabilities identified by 
the 
assessment 
in 
subsection 
(i)(10)(B); and 
‘‘(II) describe how each project 
identified under subclause (I) would 
improve the resilience of the transpor-
tation system.’’. 
SEC. 1203. EMERGENCY RELIEF. 
(a) IN GENERAL.—Section 125 of title 23, United 
States Code, is amended— 
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151 
(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 ‘‘sub-
section (e)(1)’’ and inserting ‘‘subsection (g)’’; 
(B) by redesignating paragraphs (3), (4), 
and (5) as paragraphs (4), (5), and (6), respec-
tively; and 
(C) by striking paragraphs (1) and (2) and 
inserting the following: 
‘‘(1) IN GENERAL.—The Secretary may expend 
funds from the emergency fund authorized by this 
section only for the repair or reconstruction of high-
ways on Federal-aid highways in accordance with 
this chapter. 
‘‘(2) RESTRICTIONS.— 
‘‘(A) IN GENERAL.—No funds shall be ex-
pended from the emergency fund authorized by 
this section unless— 
‘‘(i) an emergency has been declared 
by the Governor of the State with concur-
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152 
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 6 years after the 
natural disaster or catastrophic failure. 
‘‘(B) COST LIMITATION.—The total cost of 
a project funded under this section may not ex-
ceed the cost of repair or reconstruction of a 
comparable facility unless the Secretary deter-
mines that the project incorporates economi-
cally justified betterments, including protective 
features to increase the resilience of the facility. 
‘‘(3) SPECIAL RULE FOR BRIDGE PROJECTS.— 
In no case shall funds be used under this section for 
the repair or reconstruction of a bridge— 
‘‘(A) that has been permanently closed to 
all vehicular traffic by the State or responsible 
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153 
local official because of imminent danger of col-
lapse due to a structural deficiency or physical 
deterioration; or 
‘‘(B) if a construction phase of a replace-
ment structure is included in the approved 
statewide transportation improvement program 
at the time of an event described in subsection 
(a).’’; 
(5) in subsection (e)— 
(A) by striking paragraph (1); 
(B) in paragraph (2) by striking ‘‘sub-
section 
(d)(1)’’ 
and 
inserting 
‘‘subsection 
(c)(1)’’; and 
(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) 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 
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for the types and volume of traffic that the facility 
will carry over its design life. 
‘‘(2) CONSTRUCTION PHASE.—The term ‘con-
struction phase’ means the phase of physical con-
struction of a highway or bridge facility that is sepa-
rate from any other identified phases, such as plan-
ning, design, or right-of-way phases, in the State 
transportation improvement program. 
‘‘(3) OPEN
TO
PUBLIC
TRAVEL.—The term 
‘open to public travel’ means with respect to a road, 
that, except during scheduled periods, extreme 
weather conditions, or emergencies, the road— 
‘‘(A) is maintained; 
‘‘(B) is open to the general public; and 
‘‘(C) can accommodate travel by a stand-
ard passenger vehicle, without restrictive gates 
or prohibitive signs or regulations, other than 
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.— 
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(1) FEDERAL LANDS AND TRIBAL TRANSPOR-
TATION
PROGRAMS.—Section 201(c)(8)(A) of title 
23, United States Code, is amended by striking 
‘‘section 125(e)’’ and inserting ‘‘section 125(g)’’. 
(2) TRIBAL TRANSPORTATION PROGRAM.—Sec-
tion 202(b)(6)(A) of title 23, United States Code, is 
amended by striking ‘‘section 125(e)’’ and inserting 
‘‘section 125(d)’’. 
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.— 
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‘‘(1) 
IN
GENERAL.—The 
construction 
of 
projects for the elimination of hazards at railway 
crossings represents a benefit to the railroad. The 
Secretary shall classify the various types of projects 
involved in the elimination of hazards of railway- 
highway crossings, and shall set for each such classi-
fication a percentage of the total project cost that 
represent the benefit to the railroad or railroads for 
the purpose of determining the railroad’s share of 
the total project cost. The Secretary shall determine 
the appropriate classification of each project. 
‘‘(2) NONCASH CONTRIBUTIONS.— 
‘‘(A) IN GENERAL.—Not more than 5 per-
cent of the cost share described in paragraph 
(1) may be attributable to noncash contribu-
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-
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road’s share of the total project cost shall include 
environment, design, right-of-way, utility accommo-
dation, and construction phases of the project.’’; 
(4) in subsection (c)— 
(A) by striking ‘‘Any railroad involved’’ 
and inserting ‘‘BENEFIT.—Any railroad in-
volved’’; 
(B) by striking ‘‘the net benefit’’ and in-
serting ‘‘the cost associated with the benefit’’; 
and 
(C) by striking ‘‘Such payment may con-
sist in whole or in part of materials and labor 
furnished by the railroad in connection with the 
construction of such project.’’; 
(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. 
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‘‘(B) Construction (including installation 
and replacement) of protective devices at rail-
way-highway crossings. 
‘‘(C) Infrastructure and noninfrastructure 
projects and strategies to prevent or reduce sui-
cide or trespasser fatalities and injuries along 
railroad rights-of-way and at or near railway- 
highway crossings. 
‘‘(D) Projects to mitigate any degradation 
in the level of access from a highway-grade 
crossing closure. 
‘‘(E) Bicycle and pedestrian railway grade 
crossing improvements, including underpasses 
and overpasses. 
‘‘(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. 
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‘‘(2) SPECIAL RULE.—If a State demonstrates 
to the satisfaction of the Secretary that the State 
has met all its needs for installation of protective de-
vices at railway-highway crossings, the State may 
use funds made available by this section for other 
highway safety improvement program purposes.’’; 
(6) by striking subsection (f) and inserting the 
following: 
‘‘(f) FEDERAL
SHARE.—Notwithstanding section 
120, the Federal share payable on account of any project 
financed with funds made available to carry out subsection 
(e) shall be up to 90 percent of the cost thereof.’’; 
(7) by striking subsection (g) and inserting the 
following: 
‘‘(g) REPORT.— 
‘‘(1) STATE REPORT.— 
‘‘(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of the INVEST in 
America Act, and at least biennially thereafter, 
each State shall submit to the Secretary a re-
port on the progress being made to implement 
the railway crossings program authorized by 
this section and the effectiveness of such im-
provements. 
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‘‘(B) 
CONTENTS.—Each 
State 
report 
under subparagraph (A) shall contain an as-
sessment of the costs of the various treatments 
employed and subsequent accident experience at 
improved locations. 
‘‘(2) DEPARTMENTAL REPORT.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the deadline for the submission of a 
report under paragraph (1)(A), the Secretary 
shall publish on the website of the Department 
of Transportation a report on the progress 
being made by the State in implementing 
projects to improve railway-highway crossings. 
‘‘(B) CONTENTS.—The report under sub-
paragraph (A) shall include— 
‘‘(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 
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161 
schedule of improvements required by sub-
section (d); and 
‘‘(v) recommendations for future im-
plementation of the railway crossings pro-
gram.’’; 
(8) in subsection (j)— 
(A) in the heading by inserting ‘‘AND PE-
DESTRIAN’’ after ‘‘BICYCLE’’; and 
(B) by inserting ‘‘and pedestrian’’ after 
‘‘bicycle’’; and 
(9) in subsection (l)— 
(A) in paragraph (1) by striking ‘‘Not 
later than’’ and all that follows through ‘‘each 
State’’ and inserting ‘‘Not later than 6 months 
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.’’. 
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(c) GAO STUDY.—Not later than 2 years after the 
date of enactment of this Act, the Comptroller General 
of the United States shall submit to Congress a report 
that includes an analysis of the effectiveness of the railway 
crossing program under section 130 of title 23, United 
States Code. 
(d) SENSE OF CONGRESS RELATING TO TRESPASSER 
DEATHS ALONG RAILROAD RIGHTS-OF-WAY.—It is the 
sense of Congress that the Department of Transportation 
should, where feasible, coordinate departmental efforts to 
prevent or reduce trespasser deaths along railroad rights- 
of-way and at or near railway-highway crossings. 
SEC. 1205. SURFACE TRANSPORTATION PROGRAM. 
(a) IN GENERAL.—Section 133 of title 23, United 
States Code, is amended— 
(1) in the heading by striking ‘‘block grant’’; 
(2) in subsection (a) by striking ‘‘block grant’’; 
(3) in subsection (b)— 
(A) by striking ‘‘block grant’’; 
(B) in paragraph (4) by striking ‘‘railway- 
highway 
grade 
crossings’’ 
and 
inserting 
‘‘projects eligible under section 130 and instal-
lation of safety barriers and nets on bridges’’; 
(C) in paragraph (6)— 
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163 
(i) by striking ‘‘Recreational’’ and in-
serting 
‘‘Transportation 
alternatives 
projects eligible under subsection (h), rec-
reational’’; and 
(ii) by striking ‘‘1404 of SAFETEA– 
LU (23 U.S.C. 402 note)’’ and inserting 
‘‘211’’; and 
(D) by adding at the end the following: 
‘‘(16) Protective features (including natural in-
frastructure) to enhance the resiliency of a transpor-
tation 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.’’; 
(4) in subsection (c)— 
(A) by striking ‘‘block grant’’ and inserting 
‘‘program’’; 
(B) by striking paragraph (3) and insert-
ing the following: 
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‘‘(3) for a project described in— 
‘‘(A) subsection (h); or 
‘‘(B) section 101(a)(29), as in effect on 
the day before the date of enactment of the 
FAST Act;’’; 
(C) by redesignating paragraph (4) as 
paragraph (5); and 
(D) by inserting after paragraph (3) the 
following: 
‘‘(4) for a project described in section 5308 of 
title 49; and’’; 
(5) in subsection (d)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘each fiscal year’’ 
after ‘‘apportioned to a State’’; 
(ii) by striking ‘‘the reservation of’’ 
and inserting ‘‘setting aside’’; and 
(iii) in subparagraph (A)— 
(I) by striking ‘‘the percentage 
specified in paragraph (6) for a fiscal 
year’’ and inserting ‘‘55 percent’’; 
(II) in clause (i) by striking ‘‘of 
over’’ and inserting ‘‘greater than’’; 
and 
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165 
(III) by striking clauses (ii) and 
(iii) and inserting the following: 
‘‘(ii) in urbanized areas of the State 
with an urbanized area population greater 
than 49,999 and less than 200,001; 
‘‘(iii) in urban areas of the State with 
a population greater than 4,999 and less 
than 50,000; and 
‘‘(iv) in other areas of the State with 
a population less than 5,000; and’’; 
(B) by striking paragraph (3) and insert-
ing the following: 
‘‘(3) LOCAL
COORDINATION
AND
CONSULTA-
TION.— 
‘‘(A) COORDINATION WITH METROPOLITAN 
PLANNING
ORGANIZATIONS.—For purposes of 
paragraph (1)(A)(ii), a State shall— 
‘‘(i) establish a process to coordinate 
with all metropolitan planning organiza-
tions in the State that represent an urban-
ized area described in such paragraph; and 
‘‘(ii) describe how funds described 
under paragraph (1)(A)(ii) will be allo-
cated equitably among such urbanized 
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166 
areas during the period of fiscal years 
2022 through 2025. 
‘‘(B) JOINT RESPONSIBILITY.—Each State 
and the Secretary shall jointly ensure compli-
ance with subparagraph (A). 
‘‘(C) 
CONSULTATION
WITH
REGIONAL 
TRANSPORTATION
PLANNING
ORGANIZA-
TIONS.—For purposes of clauses (iii) and (iv) 
of paragraph (1)(A), before obligating funding 
attributed to an area with a population less 
than 50,000, a State shall consult with the re-
gional transportation planning organizations 
that represent the area, if any.’’; 
(C) in the heading for paragraph (4) by 
striking ‘‘OVER 200,000’’ and inserting ‘‘GREAT-
ER THAN 200,000’’; 
(D) by striking paragraph (6) and insert-
ing the following: 
‘‘(6) TECHNICAL ASSISTANCE.— 
‘‘(A) IN
GENERAL.—The State and all 
metropolitan planning organizations in the 
State that represent an urbanized area with a 
population of greater than 200,000 shall jointly 
establish a program to improve the ability of 
applicants to deliver projects under this sub-
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167 
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 1 or more full-time 
State employee positions to administer this 
subsection. 
‘‘(B) ELIGIBLE FUNDS.—To carry out this 
paragraph— 
‘‘(i) a State shall set aside an amount 
equal to 1 percent of the funds available 
under paragraph (1)(A)(i); and 
‘‘(ii) at the request of an eligible met-
ropolitan planning organization, the State 
and metropolitan planning organization 
may jointly agree to use additional funds 
available under paragraph (1)(A)(i). 
‘‘(C) USE
OF
FUNDS.—Amounts used 
under this paragraph may be expended— 
‘‘(i) directly by the State; or 
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‘‘(ii) through contracts with State 
agencies, private entities, or nonprofit or-
ganizations.’’; 
(6) in subsection (e)(1)— 
(A) by striking ‘‘over 200,000’’ and insert-
ing ‘‘greater than 200,000’’; and 
(B) by striking ‘‘2016 through 2020’’ and 
inserting ‘‘2022 through 2025’’; 
(7) by striking subsection (f) and inserting the 
following: 
‘‘(f) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.— 
‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In 
this subsection, the term ‘off-system bridge’ means 
a bridge located on a public road, other than a 
bridge on a Federal-aid highway. 
‘‘(2) SPECIAL RULE.— 
‘‘(A) SET ASIDE.—Of the amounts appor-
tioned to a State for each fiscal year under this 
section other than the amounts described in 
subparagraph (C), the State shall obligate for 
activities described in subsection (b)(2) (as in 
effect on the day before the date of enactment 
of the FAST Act) for off-system bridges an 
amount that is not less than 20 percent of the 
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169 
amounts available to such State in fiscal year 
2020. 
‘‘(B) REDUCTION
OF
EXPENDITURES.— 
The Secretary, after consultation with State 
and local officials, may reduce the requirement 
for expenditures for off-system bridges under 
subparagraph (A) with respect to the State if 
the Secretary determines that the State has in-
adequate needs to justify the expenditure. 
‘‘(C) 
LIMITATIONS.—The 
following 
amounts shall not be used for the purposes of 
meeting the requirements of subparagraph (A): 
‘‘(i) Amounts described in section 
133(d)(1)(A). 
‘‘(ii) Amounts set aside under section 
133(h). 
‘‘(iii) Amounts described in section 
505(a). 
‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL- 
AID HIGHWAYS.—Notwithstanding any other provi-
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 
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170 
have been carried out in accordance with all stand-
ards applicable to such projects under this section, 
and is determined by the Secretary upon completion 
to be no longer a deficient bridge— 
‘‘(A) any amount expended after the date 
of enactment of this subsection from State and 
local sources for the project in excess of 20 per-
cent of the cost of construction of the project 
may be credited to the non-Federal share of the 
cost of other bridge projects in the State that 
are eligible for Federal funds under this sec-
tion; and 
‘‘(B) that crediting shall be conducted in 
accordance with procedures established by the 
Secretary.’’; and 
(8) in subsection (g)(1)— 
(A) by striking ‘‘subsection (d)(1)(A)(ii) 
for each of fiscal years 2016 through 2020’’ 
and inserting ‘‘subsection (d)(1)(A)(iv) for each 
fiscal year’’; 
(B) by inserting ‘‘rural’’ after ‘‘functionally 
classified as’’; and 
(C) by inserting ‘‘or on critical rural 
freight corridors designated under section 
167(e)’’ after ‘‘minor collectors’’. 
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171 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by strik-
ing the item relating to section 133 and inserting the fol-
lowing: 
‘‘133. Surface transportation program.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) ADVANCE
ACQUISITION
OF
REAL
PROP-
ERTY.—Section 108(c) of title 23, United States 
Code, is amended— 
(A) in paragraph (2)(A) by striking ‘‘block 
grant’’; and 
(B) in paragraph (3) by striking ‘‘block 
grant’’. 
(2) NONDISCRIMINATION.—Section 140(b) of 
title 23, United States Code, is amended by striking 
‘‘block grant’’. 
(3) 
PUBLIC
TRANSPORTATION.—Section 
142(e)(2) of title 23, United States Code, is amend-
ed by striking ‘‘block grant’’. 
(4) HIGHWAY USE TAX EVASION PROJECTS.— 
Section 143(b)(8) of title 23, United States Code, is 
amended in the heading by striking ‘‘BLOCK 
GRANT’’. 
(5) CONGESTION MITIGATION AND AIR QUALITY 
IMPROVEMENT
PROGRAM.—Section 149(d) of title 
23, United States Code, is amended— 
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172 
(A) in paragraph (1)(B) by striking ‘‘block 
grant’’; and 
(B) in paragraph (2)(A) by striking ‘‘block 
grant’’. 
(6) TERRITORIAL AND PUERTO RICO HIGHWAY 
PROGRAM.—Section 165 of title 23, United States 
Code, is amended— 
(A) in subsection (b)(2)(A)(ii) by striking 
‘‘block grant’’; and 
(B) in subsection (c)(6)(A)(i) by striking 
‘‘block grant’’. 
(7) MAGNETIC
LEVITATION
TRANSPORTATION 
TECHNOLOGY
DEPLOYMENT
PROGRAM.—Section 
322(h)(3) of title 23, United States Code, is amend-
ed by striking ‘‘block grant’’. 
(8) 
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 
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104(b)(2) for a fiscal year, the Secretary shall set 
aside an amount such that— 
‘‘(A) the Secretary sets aside a total 
amount under this subsection for a fiscal year 
equal to 10 percent of such total funds; and 
‘‘(B) the State’s share of the amount set 
aside under subparagraph (A) is determined by 
multiplying the amount set aside under sub-
paragraph (A) by the ratio that— 
‘‘(i) the amount apportioned to the 
State for the transportation enhancement 
program for fiscal year 2009 under section 
133(d)(2), as in effect on the day before 
the date of enactment of MAP–21; bears 
to 
‘‘(ii) the total amount of funds appor-
tioned to all States for the transportation 
enhancements program for fiscal year 
2009. 
‘‘(2) ALLOCATION WITHIN A STATE.— 
‘‘(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-
section (d), except that, for purposes of this 
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paragraph (after funds are made available 
under paragraph (5))— 
‘‘(i) for each fiscal year, the percent-
age referred to in paragraph (1)(A) of sub-
section (d) shall be deemed to be 66 per-
cent; and 
‘‘(ii) paragraph (3) of subsection (d) 
shall not apply. 
‘‘(B) LOCAL CONTROL.— 
‘‘(i) IN GENERAL.—A State may make 
available up to 100 percent of the funds 
set aside under paragraph (1) to the enti-
ties described in subclause (I) if the State 
submits to the Secretary, and the Sec-
retary approves, a plan that describes— 
‘‘(I) how such funds shall be 
made available to metropolitan plan-
ning organizations, regional transpor-
tation planning organizations, coun-
ties, or other regional transportation 
authorities; 
‘‘(II) how the entities described 
in subclause (I) shall select projects 
for funding and how such entities 
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shall report selected projects to the 
State; 
‘‘(III) the legal, financial, and 
technical capacity of such entities; and 
‘‘(IV) the procedures in place to 
ensure such entities comply with the 
requirements of this title. 
‘‘(ii) REQUIREMENT.—A State that 
makes funding available under a plan ap-
proved under this subparagraph shall make 
available an equivalent amount of obliga-
tion authority to the entities described in 
clause (i)(I). 
‘‘(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-
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