IB 
Union Calendar No. 350 
116TH CONGRESS 
2D SESSION 
H. R. 2 
[Report No. 116–437] 
To authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 11, 2020 
Mr. DEFAZIO (for himself, Ms. NORTON, and Mr. LIPINSKI) introduced the 
following bill; which was referred to the Committee on Transportation 
and Infrastructure 
JUNE 26, 2020 
Additional sponsors: Mr. PALLONE, Mr. NEAL, Ms. WATERS, Mrs. CAROLYN 
B. MALONEY of New York, Mr. SCOTT of Virginia, Mr. GRIJALVA, Ms. 
JACKSON LEE, Mr. RYAN, Mr. LOWENTHAL, Mr. WELCH, Mr. GARCI´A 
of Illinois, Ms. WILSON of Florida, Mr. LYNCH, Mr. BROWN of Maryland, 
Mr. GARAMENDI, Mr. CARBAJAL, Mr. DESAULNIER, Mr. MALINOWSKI, 
Mrs. NAPOLITANO, Mr. COHEN, Mr. CARSON of Indiana, Ms. SHALALA, 
Mr. RUPPERSBERGER, Ms. VELA´ZQUEZ, Mr. ESPAILLAT, Mrs. HAYES, 
Mr. HASTINGS, Ms. BROWNLEY of California, Mr. SWALWELL of Cali-
fornia, Mr. HUFFMAN, Ms. ADAMS, Mr. BEYER, Mr. SIRES, Ms. 
MUCARSEL-POWELL, Mr. PAPPAS, Mr. CA´RDENAS, Mr. CICILLINE, Mr. 
SABLAN, Ms. CRAIG, Mr. HIGGINS of New York, Mr. TRONE, Mr. 
HORSFORD, Mr. ROUDA, Mr. JOHNSON of Georgia, Mr. PASCRELL, Mrs. 
TRAHAN, Mrs. LAWRENCE, Ms. SCHAKOWSKY, Mr. BISHOP of Georgia, 
Mr. TONKO, Mr. LARSON of Connecticut, Mr. MORELLE, Mr. CONNOLLY, 
Mr. EVANS, Ms. FRANKEL, Ms. DAVIDS of Kansas, Mr. SUOZZI, Ms. 
WASSERMAN SCHULTZ, Ms. CLARKE of New York, Mr. COURTNEY, Mr. 
LUJA´N, Ms. DEAN, Ms. ROYBAL-ALLARD, Mr. CUELLAR, Mr. KILDEE, 
Ms. BONAMICI, Mrs. DINGELL, Ms. UNDERWOOD, Mr. HECK, Ms. 
BARRAGA´N, Mr. PRICE of North Carolina, Mr. LARSEN of Washington, 
Mr. PAYNE, Mr. BLUMENAUER, Ms. MATSUI, Mr. MICHAEL F. DOYLE 
of Pennsylvania, Mr. DAVID SCOTT of Georgia, Ms. PLASKETT, Ms. 
WILD, Mr. TAKANO, Mr. DANNY K. DAVIS of Illinois, Ms. MOORE, Mr. 
CISNEROS, Mr. CLEAVER, Ms. SHERRILL, Mr. SARBANES, Mr. MFUME, 
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Ms. JOHNSON of Texas, Mr. CASTEN of Illinois, Mr. RUSH, Mr. CART-
WRIGHT, Mr. CASE, Ms. BLUNT ROCHESTER, Mrs. BEATTY, Mr. LAN-
GEVIN, Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. THOMPSON of 
California, Ms. PORTER, Mr. RASKIN, Ms. ESHOO, Ms. DELAURO, Ms. 
DELBENE, Mr. SCHNEIDER, Ms. SA´NCHEZ, Mr. KIM, Mr. NORCROSS, 
Ms. 
CASTOR
of 
Florida, 
Mr. 
ALLRED, 
Mr. 
MCNERNEY, 
Mr. 
KRISHNAMOORTHI, Ms. FUDGE, Mr. YARMUTH, Mr. VELA, Mrs. WATSON 
COLEMAN, Mr. HIMES, Ms. GARCIA of Texas, Mr. SEAN PATRICK MALO-
NEY of New York, Mr. GOTTHEIMER, Mr. STANTON, Mr. CORREA, Ms. 
HAALAND, Mr. MCEACHIN, Ms. DEGETTE, Mr. MEEKS, Mr. PERL-
MUTTER, Mr. VEASEY, and Mr. LAMB 
JUNE 26, 2020 
Reported with an amendment; committed to the Committee of the Whole 
House on the State of the Union and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on June 11, 2020] 
A BILL 
To authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘In-
vesting in a New Vision for the Environment and Surface 
Transportation in America Act’’ or the ‘‘INVEST in Amer-
ica Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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. 
Sec. 1113. Federal-aid highway project requirements. 
Sec. 1114. State assumption of responsibility for categorical exclusions. 
Sec. 1115. Surface transportation project delivery program written agreements. 
Sec. 1116. Corrosion prevention for bridges. 
Sec. 1117. Sense of Congress. 
Subtitle B—Programmatic Infrastructure Investment 
Sec. 1201. National highway performance program. 
Sec. 1202. Increasing the resilience of transportation assets. 
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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. 
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. 
Sec. 1405. Fiscal constraint on long-range transportation plans. 
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. 
Sec. 1509. Study on Federal funding available to Indian Tribes. 
Sec. 1510. GAO study. 
Subtitle F—Additional Provisions 
Sec. 1601. Vision zero. 
Sec. 1602. Speed limits. 
Sec. 1603. Broadband infrastructure deployment. 
Sec. 1604. Balance Exchanges for Infrastructure Program. 
Sec. 1605. Stormwater best management practices. 
Sec. 1606. Pedestrian facilities in the public right-of-way. 
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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 work-
force. 
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. 
Sec. 1615. Numbering system of highway interchanges. 
Sec. 1616. Toll credits. 
Sec. 1617. Transportation construction materials procurement. 
Sec. 1618. Construction of certain access and development roads. 
Sec. 1619. Nationwide road safety assessment. 
Sec. 1620. Wildlife crossings. 
Sec. 1621. Climate resilient transportation infrastructure study. 
Sec. 1622. Elimination of duplication of environmental reviews and approvals. 
Sec. 1623. AMBER Alerts along major transportation routes. 
Sec. 1624. Natural gas, electric battery, and zero emission vehicles. 
Sec. 1625. Guidance on evacuation routes. 
Sec. 1626. Prohibiting use of Federal funds for payments in support of congres-
sional campaigns. 
Sec. 1627. High priority corridors on National Highway System. 
Sec. 1628. Guidance on inundated and submerged roads. 
Sec. 1629. Airport innovative financing techniques. 
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. 
Sec. 2107. Metropolitan transportation planning. 
Sec. 2108. Statewide and nonmetropolitan transportation planning. 
Sec. 2109. Obligation limitation. 
Sec. 2110. Public transportation emergency relief funds. 
Sec. 2111. General provisions. 
Sec. 2112. Certification requirements. 
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. 
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. 
Sec. 2304. Repayment requirement. 
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Sec. 2305. Definition of urbanized areas following a major disaster. 
Sec. 2306. Special rule for certain rolling stock procurements. 
Sec. 2307. Certification requirements. 
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. Innovation workforce standards. 
Sec. 2604. Safety performance measures and set asides. 
Sec. 2605. U.S. Employment Plan. 
Sec. 2606. Technical assistance and workforce development. 
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. 
Sec. 2805. National advanced technology transit bus development program. 
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. 
Sec. 2915. Passenger ferry grants. 
Sec. 2916. Evaluation of benefits and Federal investment. 
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. 
Sec. 3010. Implicit bias research and training grants. 
Sec. 3011. Stop motorcycle checkpoint funding. 
Sec. 3012. Electronic driver’s license. 
Sec. 3013. Motorcyclist Advisory Council. 
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. 
Sec. 4103. Immobilization grant program. 
Sec. 4104. Dry bulk weight tolerance. 
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. 
Sec. 4205. Providers of recreational activities. 
Sec. 4206. Amendments to regulations relating to transportation of household 
goods in interstate commerce. 
Subtitle C—Commercial Motor Vehicle Driver Safety 
Sec. 4301. Commercial driver’s 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. 
Sec. 4308. Screening for obstructive sleep apnea. 
Sec. 4309. Women of Trucking Advisory Board. 
Subtitle D—Commercial Motor Vehicle and Schoolbus Safety 
Sec. 4401. Schoolbus safety standards. 
Sec. 4402. Illegal passing of schoolbuses. 
Sec. 4403. State inspection of passenger-carrying commercial motor vehicles. 
Sec. 4404. Automatic emergency braking. 
Sec. 4405. Underride protection. 
Sec. 4406. Transportation of horses. 
Sec. 4407. Additional State authority. 
Sec. 4408. Updating the required amount of insurance for commercial motor ve-
hicles. 
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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. 
Sec. 5109. Innovative material innovation hubs. 
Subtitle B—Technology Deployment 
Sec. 5201. Technology and innovation deployment program. 
Sec. 5202. Accelerated implementation and deployment of pavement technologies. 
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. 
Sec. 5307. Surface transportation workforce retraining grant program. 
Sec. 5308. Third-party data integration pilot program. 
Sec. 5309. Third-party data planning integration pilot program. 
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. Transportation workforce outreach program. 
Sec. 5504. Certification on ensuring no human rights abuses. 
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. 
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Sec. 6008. Local hire. 
Sec. 6009. FTE cap. 
Sec. 6010. Identification of COVID–19 testing needs of critical infrastructure em-
ployees. 
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. 
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. 
Sec. 9217. Investigation of substandard performance. 
Sec. 9218. Amtrak cybersecurity enhancement grant program. 
Sec. 9219. Amtrak and private cars. 
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Sec. 9220. Amtrak Office of Community Outreach. 
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 requests. 
Sec. 9403. Chicago Union Station improvement plans. 
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. 
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 grants. 
Sec. 9552. Rail safety public awareness grants. 
Sec. 9553. Establishment of 10-minute time limit for blocking public grade cross-
ings. 
Sec. 9554. National strategy to address blocked crossings. 
Sec. 9555. Railroad point of contact for blocked crossing matters. 
Sec. 9556. National highway-rail crossing inventory review. 
Sec. 9557. Counting railroad suicides. 
DIVISION E—ADDITIONAL PROGRAMS 
Sec. 10001. National scenic byways program. 
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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 provided 
in this division, the requirements, authorities, condi-
tions, eligibilities, limitations, and other provisions 
authorized under the covered laws, which would other-
wise expire on or cease to apply after September 30, 
2020, are incorporated by reference and shall con-
tinue 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 author-
ized to be appropriated from the High-
way Account for fiscal year 2021, for 
each program under the covered laws 
with respect to which amounts are au-
thorized to be appropriated from such 
account for fiscal year 2020, an 
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1102 of the FAST Act (Public Law 114– 
94), or the Department of Transportation 
Appropriations Act, 2020 (Public Law 116– 
94), for fiscal year 2021, the obligations for 
Federal-aid highway and highway safety 
construction programs shall not exceed 
$46,387,191,360. 
(ii) LIMITATION ON FEDERAL HIGHWAY 
ADMINISTRATION
ADMINISTRATIVE
EX-
PENSES.—Notwithstanding any other provi-
sion of this division, of the amount de-
scribed in clause (i), for fiscal year 2021 an 
amount not to exceed $478,897,049, together 
with advances and reimbursements received 
by the Federal Highway Administration, 
shall be obligated for necessary expenses for 
administration and operation of the Federal 
Highway Administration. 
(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). 
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(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). 
(7) Title I, part A of title II, title III, title IV, 
title V, and title VI of the Intermodal Surface Trans-
portation Efficiency Act of 1991 (Public Law 102– 
240). 
(8) Title 23, United States Code. 
(9) Sections 116, 117, 330, and 5505 and chap-
ters 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 authorized 
to be appropriated from the Highway Account 
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for fiscal year 2021, for activities under this sec-
tion, $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, obli-
gations for activities authorized under para-
graph (1) shall not exceed $14,742,808,640. 
(B) DISTRIBUTION OF OBLIGATION AUTHOR-
ITY.— 
(i) IN GENERAL.—Of the obligation au-
thority 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), respectively. 
(ii) FURTHER
DISTRIBUTION.—Each 
State, each Tribe, Puerto Rico, each terri-
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pbinns on DSKJLVW7X2PROD with BILLS
tory, and each Federal land management 
agency receiving funds under subpara-
graphs (A) through (E) of paragraph (3), 
respectively, shall receive an amount of obli-
gation authority equal to the funds that it 
receives under any of such subparagraphs. 
(C) REDISTRIBUTION OF UNUSED OBLIGA-
TION AUTHORITY.— 
(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 obligate 
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 
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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. 
(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 obli-
gation authority that it receives as part of 
the standard August redistribution. 
(3) DISTRIBUTION OF FUNDS.—Amounts author-
ized 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.— 
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(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.— 
(I) IN
GENERAL.—Amounts dis-
tributed among the States under clause 
(i) shall be suballocated within the 
State to an area described in subclause 
(II) in the proportion that— 
(aa) the total amount of 
funds suballocated to such area of 
the State as described in such sub-
clause for fiscal year 2020; bears 
to 
(bb) the total amount of 
funds apportioned to the State for 
the Federal-aid highway program 
under section 104 of title 23, 
United States Code, for fiscal year 
2020. 
(II) 
AREAS
DESCRIBED.—The 
areas described in this subclause are— 
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(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 
(cc) other areas of the State. 
(B) TREATMENT.—Except as otherwise pro-
vided in this paragraph, amounts made avail-
able under paragraph (3)(A) shall be adminis-
tered 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 section 
133(b) of title 23, United States Code, sub-
ject to section 133(c) of such title; and 
(ii) administrative expenses, including 
salaries and benefits, of— 
(I) the State department of trans-
portation; 
(II) a local transportation agency; 
or 
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(III) a metropolitan planning or-
ganization. 
(5) TRIBAL FUNDS.— 
(A) TREATMENT.— 
(i) IN GENERAL.—Except as otherwise 
provided in this paragraph, amounts made 
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 avail-
able under paragraph (3)(B) may be obligated 
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. 
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(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 
(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 admin-
istrative expenses, including salaries 
and benefits. 
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(ii) 
TERRITORIES.—Amounts 
made 
available to a territory under paragraph 
(3)(D) may be obligated for— 
(I) activities eligible under section 
165(c)(6) of title 23, United States 
Code, subject to section 165(c)(7) of 
such title; and 
(II) transportation-related admin-
istrative expenses, including salaries 
and benefits. 
(7) 
FEDERAL
LAND
MANAGEMENT
AGENCY 
FUNDS.— 
(A) DISTRIBUTION.—Amounts made avail-
able under paragraph (3)(E) shall be distributed 
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-
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cies as described in section 203(b) of title 
23, United States Code. 
(B) TREATMENT.—Amounts made available 
under paragraph (3)(E) shall be administered as 
if made available under section 203 of title 23, 
United States Code. 
(8) DISADVANTAGED BUSINESS ENTERPRISES.— 
Section 1101(b) of the FAST Act (Public 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 sec-
tion 133(b) of title 23, United States Code; 
or 
(ii) administrative expenses, including 
salaries and benefits, of— 
(I) a local transportation agency; 
or 
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(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 appor-
tioned 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 authority distributed 
to the State for Federal-aid highways and 
highway safety construction programs for 
use in the area that is equal to the amount 
obtained by multiplying— 
(I) the aggregate amount of funds 
that the State is required to obligate in 
the area under section 133(d) of title 
23, United States Code, during the pe-
riod; and 
(II) the ratio that— 
(aa) the aggregate amount of 
obligation authority distributed to 
the State for Federal-aid high-
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ways and highway safety con-
struction programs during the pe-
riod; bears to 
(bb) the total of the sums ap-
portioned to the State for Federal- 
aid highways and highway safety 
construction programs (excluding 
sums not subject to an obligation 
limitation) during the period. 
(ii) 
JOINT
RESPONSIBILITY.—Each 
State, each affected metropolitan planning 
organization, and the Secretary shall jointly 
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-
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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. 
(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 otherwise ap-
plicable requirements, be subject to the following pro-
visions: 
(A) 
MULTIMODAL
PROJECTS.—Notwith-
standing subsection (d)(2)(A) of such section, the 
limitation for projects described in such sub-
section 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 evaluate 
applications for funding under such section, the 
Secretary shall— 
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(i) determine whether a project is eligi-
ble 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; 
(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 rating 
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 meth-
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odology 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 sec-
tion in fiscal year 2019 or 2020, at the re-
quest 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 require-
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ments of section 117 of title 23, United 
States Code, and this paragraph. 
(II) REQUIREMENTS.—The Sec-
retary shall ensure that applications 
submitted under subclause (I), includ-
ing the supplementary appendix, are 
evaluated based on such requirements. 
(F) CONGRESSIONAL NOTIFICATION.—A no-
tification submitted pursuant to subsection (m) 
of such section shall include— 
(i) a summary of each application sub-
mitted and, at the request of either Com-
mittee, 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 ap-
plication 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.— 
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(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 di-
vision, the Federal share associated with funds de-
scribed in paragraph (2) that are obligated during 
fiscal year 2021 may be up to 100 percent. 
(2) FUNDS DESCRIBED.—The funds described in 
this paragraph are funds made available for the im-
plementation or execution of Federal-aid highway 
and highway safety construction programs authorized 
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-
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ministrative expenses meet the requirements of 
such paragraphs, as applicable. 
(B) AUDIT.—The Secretary may conduct an 
audit to review obligations of funds and liquida-
tion of such obligations for eligible administra-
tive expenses described under subparagraph (A). 
(2) PLANNING.—Notwithstanding any other pro-
vision of law, administrative expenses described in 
paragraph (1)(A) shall not be required to be included 
in a metropolitan transportation plan, a long-range 
statewide transportation plan, a transportation im-
provement program, or a statewide transportation 
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 defini-
tions apply: 
(1) STANDARD AUGUST REDISTRIBUTION.—The 
term ‘‘standard August redistribution’’ means the re-
distribution of obligation authority that the Secretary 
is directed to administer under— 
(A) section 1102(d) of the FAST Act (Pub-
lic Law 114–94); or 
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(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. 
(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 mean-
ings 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 authorized 
to be appropriated from the Mass Transit Ac-
count for fiscal year 2021, for activities under 
this section, $5,794,851,538. 
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(B) APPORTIONMENT.—Amounts authorized 
under subparagraph (A) shall be apportioned in 
accordance with section 5310, section 5311 (other 
than subsections (b)(3), (c)(1)(A), and (c)(2) of 
such section), section 5336 (other 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 allo-
cate the amounts authorized to be appropriated 
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 appropriations. 
(D) 
OBLIGATION
LIMITATION.—Notwith-
standing any other provision of law, for fiscal 
year 2021, obligations for activities authorized 
under 
this 
paragraph 
shall 
not 
exceed 
$5,794,851,538. 
(2) AUTHORIZATION OF APPROPRIATIONS FROM 
GENERAL FUND.—In addition to amounts authorized 
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under section 101(a)(1)(B), there is authorized to be 
appropriated from the general fund of the Treasury— 
(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 Con-
gress as being for an emergency requirement pur-
suant to section 251(b)(2)(A)(i) of the Balanced 
Budget and Emergency Deficit Control Act of 
1985. 
(3) DISADVANTAGED BUSINESS ENTERPRISES.— 
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 ob-
ligated for— 
(A) operating expenses, including, begin-
ning on January 20, 2020— 
(i) reimbursement for operating costs 
to maintain service and offset lost revenue, 
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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 section 
5307, 5310, 5311, or 5337 of title 49, United 
States Code. 
(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 employees. 
(3) OVERSIGHT.— 
(A) Of the amounts made available to carry 
out this section, the percentages available for 
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oversight in section 5338(f)(1) of title 49, United 
States Code, shall apply to the allocations of 
funds in subsection (a)(1)(C). 
(B) USE OF FUNDS.—Amounts made avail-
able under subsection (a)(1)(A) shall be available 
for administrative expenses and program man-
agement oversight as authorized 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 PROGRAM.— 
(1) IN GENERAL.—From amounts made avail-
able under subsection (a)(2)(B) and notwithstanding 
section 5309(k)(2)(C)(ii), section 5309(a)(7)(B), 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 percent of total project costs for any 
project under— 
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(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 development 
phase or approved for advancement into the en-
gineering phase; 
(C) subsection (d) or (e) of section 5309 of 
title 49, United States Code, that has a full 
funding grant agreement entered into under ei-
ther such subsection after January 1, 2017; and 
(D) section 5309(h) of title 49, United 
States Code, that the Federal Transit Adminis-
tration has a small starts grant award or agree-
ment entered into after January, 1, 2017, or that 
has been recommended by the Administration for 
an allocation of capital investment funds that 
were appropriated in fiscal year 2018, 2019, or 
2020. 
(2) PROJECT ELIGIBILITY.—From amounts made 
available under subsection (a)(2)(B), the Secretary 
shall use such sums as may be necessary for projects 
under section 5309 of title 49, United States Code, 
that— 
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(A) are not eligible for funds made available 
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; 
(C) the project rating for a project not yet 
approved into project engineering; 
(D) the small starts grant or grant agree-
ment; or 
(E) the project rating for a small starts 
project that has not yet been awarded a grant or 
grant agreement. 
(5) FEDERAL SHARE.—The Federal share of the 
costs of a project under this subsection may not exceed 
80 percent. 
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(6) APPLICATION
OF
LAW.—For purposes of 
paragraph (1), the Secretary shall apply section 
7001(b) of this Act when providing the additional 30 
percent of total project costs to any project that meets 
the criteria in such section. 
(d) FEDERAL SHARE.— 
(1) IN GENERAL.—Notwithstanding chapter 53 
of title 49, 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. 
(2) FUNDS DESCRIBED.—The funds described in 
this paragraph are funds made available for the im-
plementation of transit programs authorized by chap-
ter 53 of title 49, United States Code, the FAST Act 
(Public Law 114–94), or this division, excluding 
funds made available to projects under section 5309 
of title 49, United States Code. 
(e) CONDITION FOR APPORTIONMENT.—No funds au-
thorized in this division or any other Act may be used to 
adjust Mass Transit Account apportionments or withhold 
funds from Mass Transit Account apportionments pursuant 
to section 9503(e)(4) of the Internal Revenue Code of 1986 
in fiscal year 2021. 
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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 
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. 
(C) 
OBLIGATION
LIMITATION.—Notwith-
standing any other provision of law, for fiscal 
year 2021, obligations for activities authorized 
under this paragraph and obligations for activi-
ties 
authorized 
under 
section 
101(a)(2)(A)(i)(II)(bb) that exceed amounts au-
thorized under section 4001(a)(6) of the FAST 
Act (Public Law 114–94) shall not exceed 
$247,783,000. 
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(2) DISTRIBUTION OF FUNDS.—Amounts author-
ized 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 sections 
120, 405(b)(2), 405(c)(2), 405(d)(2) and 405(h)(2) of 
title 23, United States Code, the Federal share of ac-
tivities for fiscal year 2021 carried 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.—Notwithstanding 
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 
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obligation in that State for a period of 4 years after 
the last day of the fiscal year for which the funds are 
authorized. Notwithstanding any other provision of 
law, this paragraph shall apply as if such paragraph 
was enacted on September 30, 2020. 
(3) 
MAINTENANCE
OF
EFFORT.—Notwith-
standing section 405(a)(9) of title 23, United States 
Code, the Secretary may waive the maintenance of ef-
fort requirements under such section for fiscal year 
2021 for a State, if the Secretary determines appro-
priate. 
(4) IN-VEHICLE
ALCOHOL
DETECTION
DEVICE 
RESEARCH.—In carrying out subsection (h) of section 
403 of title 23, United States Code, the Secretary may 
obligate from funds made available to carry out such 
section for fiscal year 2021 not more 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 ap-
portionment to the States for highway safety pro-
grams under section 402(c)(2) of title 23, United 
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States Code, for each of fiscal years 2016 through 
2021, shall be available for expenditure by the Sec-
retary, acting through the Administrator of the Na-
tional Highway Traffic Safety Administration, for a 
cooperative research and evaluation program to re-
search and evaluate priority highway safety counter-
measures. 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.— 
(A) IN GENERAL.—In addition to amounts 
authorized under section 101, there is authorized 
to be appropriated from the Highway Account 
for fiscal year 2021, for activities under this sub-
section, $209,900,000. 
(B) 
OBLIGATION
LIMITATION.—Notwith-
standing any other provision of law, for fiscal 
year 2021, obligations for activities authorized 
under 
this 
paragraph 
shall 
not 
exceed 
$209,900,000. 
(2) DISTRIBUTION OF FUNDS.—Amounts author-
ized to be appropriated for fiscal year 2021 under 
paragraph (1) shall be distributed as follows: 
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(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 require-
ment under 31102(f) of title 49, United States 
Code, for all States without requiring States to 
request a waiver. 
(2) FINANCIAL ASSISTANCE AGREEMENTS PERIOD 
OF AVAILABILITY.—Notwithstanding section 31104(f) 
of title 49, United States Code, the Secretary shall ex-
tend the periods of availability described in such sec-
tion by 1 year. 
(3) ADMINISTRATIVE EXPENSES.—The Adminis-
trator of the Federal Motor Carrier Safety Adminis-
tration shall ensure that funds made available under 
subsection (a)(2)(B) are used, to the maximum extent 
practicable, to support— 
(A) the acceleration of planned investments 
to modernize the Administration’s information 
technology and information management sys-
tems; 
(B) the completion of outstanding statutory 
mandates required by MAP–21 (112–141) and 
the FAST Act (114–94); and 
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(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. 
(b) REFERENCE TO DATE OF ENACTMENT.—In this di-
vision and the amendments made by this division, any ref-
erence to— 
(1) the date of enactment of this Act; 
(2) the date of enactment of a provision of this 
division; 
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(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. 
(c) EXCEPTION FOR IMMEDIATE APPLICATION.—Sub-
sections (a) and (b) shall not apply to section 1105 and 
the amendments made by such section. 
TITLE I—FEDERAL-AID 
HIGHWAYS 
Subtitle A—Authorizations and 
Program Conditions 
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following amounts are author-
ized 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 section 130 of 
such title, the surface transportation program under 
section 133 of such title, the highway safety improve-
ment program under section 148 of such title, the con-
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gestion mitigation and air quality improvement pro-
gram under section 149 of such title, the national 
highway freight program under section 167 of such 
title, the carbon pollution reduction 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 FINANCE 
AND
INNOVATION
PROGRAM.—For credit assistance 
under the transportation infrastructure finance 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 section 147 
of title 23, United States Code, $120,000,000 for each 
of fiscal years 2022 through 2025. 
(4) FEDERAL
LANDS
AND
TRIBAL
TRANSPOR-
TATION PROGRAMS.— 
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(A) TRIBAL TRANSPORTATION PROGRAM.— 
For the tribal transportation program under sec-
tion 202 of title 23, United States Code, 
$800,000,000 for each of fiscal years 2022 
through 2025. 
(B) FEDERAL LANDS TRANSPORTATION PRO-
GRAM.— 
(i) IN
GENERAL.—For the Federal 
lands transportation program under section 
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 
$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 
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(C) PARKING FOR COMMERCIAL MOTOR VE-
HICLES.—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 fiscal 
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) of 
paragraph (1) 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) despite the real improvements caused by 
the disadvantaged business enterprise program, 
minority- and women-owned businesses across 
the country continue to confront serious and sig-
nificant obstacles to success caused by race and 
gender discrimination in the federally assisted 
surface transportation market and related mar-
kets across the United States; 
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(B) the continuing race and gender dis-
crimination described in subparagraph (A) mer-
its the continuation of the disadvantaged busi-
ness enterprise program; 
(C) recently, the disparities cause by dis-
crimination against African American, His-
panic American, Asian American, Native Amer-
ican, and women business owners have been fur-
ther exacerbated by the coronavirus pandemic 
and its disproportionate effects on minority- and 
women-owned businesses across the nation; 
(D) Congress has received and reviewed tes-
timony and documentation of race and gender 
discrimination from numerous sources, including 
congressional hearings and other investigative 
activities, scientific reports, reports issued by 
public and private agencies at every level of gov-
ernment, news reports, academic publications, 
reports of discrimination by organizations and 
individuals, and discrimination lawsuits, which 
continue to demonstrate that race- and gender- 
neutral efforts alone are insufficient to address 
the problem; 
(E) the testimony and documentation de-
scribed in subparagraph (D) demonstrate that 
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discrimination across the United States poses an 
injurious and enduring barrier to full and fair 
participation in surface transportation-related 
businesses of women business owners and minor-
ity business owners and has negatively affected 
firm formation, development and success in 
many aspects of surface transportation-related 
business in the public and private markets; and 
(F) the testimony and documentation de-
scribed in subparagraph (D) provide a clear pic-
ture of the inequality caused by discrimination 
that continues to plague our nation and a strong 
basis that there is a compelling need for the con-
tinuation of the disadvantaged business enter-
prise program to address race and gender dis-
crimination 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)). 
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(ii) EXCLUSIONS.—The term ‘‘small 
business concern’’ does not include any con-
cern or group of concerns controlled by the 
same socially and economically disadvan-
taged 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. 
(B) SOCIALLY
AND
ECONOMICALLY
DIS-
ADVANTAGED INDIVIDUALS.—The term ‘‘socially 
and economically disadvantaged individuals’’ 
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 economically dis-
advantaged individuals for purposes of this sub-
section. 
(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 pro-
gram under titles I, II, V, and VII of this division 
and section 403 of title 23, United States Code, shall 
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be expended through small business concerns owned 
and controlled by socially and economically disadvan-
taged 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 
(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 Trans-
portation shall establish minimum uniform cri-
teria for use by State governments in certifying 
whether a concern qualifies as a small business 
concern for the purpose of this subsection. 
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(B) INCLUSIONS.—The minimum uniform 
criteria established under subparagraph (A) shall 
include, with respect to a potential small busi-
ness concern— 
(i) on-site visits; 
(ii) personal interviews with personnel; 
(iii) issuance or inspection of licenses; 
(iv) analyses of stock ownership; 
(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 Secretary— 
(A) information concerning disadvantaged 
business enterprise awards, commitments, and 
achievements; and 
(B) such other information as the Secretary 
determines to be appropriate for the proper mon-
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itoring of the disadvantaged business 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 entity 
or person is prevented, in whole or in part, from com-
plying with paragraph (3) because a Federal court 
issues a final order in which the court finds that a 
requirement or the implementation of paragraph (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 business 
enterprises prompt payment rule), or any cor-
responding regulation, in awarding federally 
funded transportation contracts under laws and 
regulations administered by the Secretary; and 
(B) such additional steps should include in-
creasing the Department of Transportation’s 
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ability to track and keep records of complaints 
and to make that information publicly available. 
(d) LIMITATION
ON
FINANCIAL
ASSISTANCE
FOR 
STATE-OWNED ENTERPRISES.— 
(1) IN
GENERAL.—Funds provided under this 
section may not be used in awarding a contract, sub-
contract, grant, or loan to an entity that is owned or 
controlled by, is a subsidiary of, or is otherwise re-
lated legally or financially to a corporation based in 
a country that— 
(A) is identified as a nonmarket economy 
country (as defined in section 771(18) of the 
Tariff Act of 1930 (19 U.S.C. 1677(18))) as of 
the date of enactment of this Act; 
(B) was identified by the United States 
Trade Representative in the most recent report 
required by section 182 of the Trade Act of 1974 
(19 U.S.C. 2242) as a priority foreign country 
under subsection (a)(2) of that section; and 
(C) is subject to monitoring by the Trade 
Representative under section 306 of the Trade 
Act of 1974 (19 U.S.C. 2416). 
(2) EXCEPTION.—For purposes of subparagraph 
(A), the term ‘‘otherwise related legally or finan-
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cially’’ does not include a minority relationship or 
investment. 
(3) INTERNATIONAL AGREEMENTS.—This para-
graph shall be applied in a manner consistent with 
the obligations of the United States under inter-
national agreements. 
SEC. 1102. OBLIGATION LIMITATION. 
(a) GENERAL LIMITATION.—Subject to subsection (e), 
and notwithstanding any other provision of law, the obliga-
tions for Federal-aid highway and highway safety construc-
tion programs shall not exceed— 
(1) $62,159,350,954 for fiscal year 2022; 
(2) $63,121,354,776 for fiscal year 2023; 
(3) $64,346,443,712 for fiscal year 2024; and 
(4) $65,180,125,186 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 As-
sistance 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); 
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(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 Intermodal 
Surface Transportation Efficiency Act of 1991 (Pub-
lic 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 
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 ex-
tent 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 
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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 ob-
ligated in accordance with that section were not sub-
ject to a limitation on obligations at the time at 
which the funds were initially made available for ob-
ligation; 
(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 
amount equal to $639,000,000 for each of those fiscal 
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 fiscal 
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). 
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(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—Sub-
ject 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 under section 202 of 
title 23, United States Code; and 
(iv) amounts authorized for the territorial 
and Puerto Rico highway program under section 
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 subparagraph 
(A), shall not distribute obligation authority provided 
by subsection (a) for the fiscal year for amounts au-
thorized for the metro performance program 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— 
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(A) made available from the Highway Trust 
Fund (other than the Mass Transit Account) for 
Federal-aid highway and highway safety con-
struction 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-
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 appropriated 
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 re-
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ferred 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 
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 section 
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 
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amounts distributed under paragraph (4), for Fed-
eral-aid highway and highway safety construction 
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 title 
23, United States Code, to each State for the fis-
cal 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 author-
ity made available under subsection (c) if an amount 
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distributed cannot be obligated during that fiscal 
year; and 
(2) redistribute sufficient amounts to those States 
able to obligate amounts in addition to those pre-
viously distributed during that fiscal year, giving pri-
ority 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— 
(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 fiscal 
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. 
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(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 distribute 
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 al-
located to the States (or will not be apportioned 
to the States under section 204 of title 23, 
United States Code), and will not be available 
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 distribu-
tion 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. 
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SEC. 1103. DEFINITIONS AND DECLARATION OF POLICY. 
Section 101 of title 23, United States Code, is amend-
ed— 
(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 paragraphs (2), (3), 
(4), (6), (8), (10), (11), (12), (13), (14), (16), 
(17), (18), (19), (20), (21), (23), (24), (25), (26), 
(28), (29), (32), (33), (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 measures 
of climate lasting for an extended period of time, and 
may include major changes in temperature, precipita-
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tion, wind patterns, or sea level, among others, that 
occur over several decades or longer.’’; 
(D) in paragraph (6)(A), as so redesig-
nated, by inserting ‘‘assessing resilience,’’ after 
‘‘surveying,’’; 
(E) by inserting after paragraph (6), as so 
redesignated, the following: 
‘‘(7) CONTEXT SENSITIVE DESIGN PRINCIPLES.— 
The term ‘context sensitive design principles’ means 
principles for the design of a public road that— 
‘‘(A) provides for the safe and adequate ac-
commodation, in all phases of project planning, 
design, and development, transportation facili-
ties for users, including pedestrians, bicyclists, 
public transportation users, children, older indi-
viduals, 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 ‘evacuation 
route’ means a transportation route or system that— 
‘‘(A) is used to transport— 
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‘‘(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 el-
igible entity with jurisdiction over the area in 
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 ‘greenhouse 
gas’ has the meaning given the term in section 
211(o)(1)(G) of the Clean Air Act (42 U.S.C. 
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; 
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‘‘(ii) is created by human design, engi-
neering, 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 preser-
vation of vegetated areas using materials 
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 infra-
structure’ includes green infrastructure and na-
ture-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 mitigate 
the risk of recurring damage or the cost of future 
repairs from climate change effects, extreme 
events, seismic activity, or any other natural 
disaster. 
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‘‘(B) INCLUSIONS.—The term ‘protective 
feature’ includes— 
‘‘(i) raising roadway grades; 
‘‘(ii) relocating roadways to higher 
ground above projected flood elevation levels 
or away from slide prone areas; 
‘‘(iii) stabilizing slide areas; 
‘‘(iv) stabilizing slopes; 
‘‘(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; 
‘‘(ix) scour, stream stability, coastal, 
and other hydraulic countermeasures; and 
‘‘(x) the use of natural infrastructure.’’; 
(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 
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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 emer-
gencies or major disasters declared by the President 
under the Robert T. Stafford Disaster Relief 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.’’; 
(K) by inserting after paragraph (38), as so 
redesignated, the following: 
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‘‘(39) TRANSPORTATION
SYSTEM
ACCESS.—The 
term ‘transportation system access’ means the ability 
to travel by automobile, public transportation, pedes-
trian, and bicycle networks, measured by travel time, 
taking into consideration— 
‘‘(A) the impacts of the level of travel stress 
for non-motorized users; 
‘‘(B) costs for low-income travelers; and 
‘‘(C) the extent to which transportation ac-
cess is impacted by zoning policies and land use 
planning practices that effect the affordability, 
elasticity, and diversity of the housing supply.’’; 
and 
(L) by adding at the end the following: 
‘‘(45) TRANSPORTATION DEMAND MANAGEMENT; 
TDM.—The terms ‘transportation demand manage-
ment’ and ‘TDM’ mean the use of strategies to inform 
and encourage travelers to maximize the efficiency of 
a transportation system leading to improved mobil-
ity, reduced congestion, and lower vehicle emissions. 
‘‘(46) TRANSPORTATION
DEMAND
MANAGEMENT 
STRATEGIES.—The 
term 
‘transportation 
demand 
management strategies’ means the use of planning, 
programs, policy, marketing, communications, incen-
tives, pricing, and technology to shift travel mode, 
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routes used, departure times, number of trips, and lo-
cation and design work space or public attractions.’’; 
and 
(2) in subsection (b)— 
(A) in paragraph (1) by striking ‘‘Defense,’’ 
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 following: 
‘‘(I) safety is the highest priority of the De-
partment of Transportation, and the Secretary 
and States should take all actions necessary 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 trans-
portation system to the Nation’s total carbon 
pollution is critical; and 
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‘‘(K) the Secretary and States should take 
appropriate measures and ensure investments to 
increase the resilience of the Nation’s transpor-
tation 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 distribute the 
amount apportioned to a State for a fiscal year under sub-
section (c) among the covered programs as follows: 
‘‘(1) NATIONAL
HIGHWAY
PERFORMANCE
PRO-
GRAM.—For the national highway performance pro-
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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 percent 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 QUALITY 
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 im-
provement program for all States shall be— 
‘‘(i) $2,913,925,833 for fiscal year 
2022; 
‘‘(ii) $2,964,919,535 for fiscal year 
2023; 
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‘‘(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 subpara-
graph (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 fis-
cal year 2020. 
‘‘(5) NATIONAL HIGHWAY FREIGHT PROGRAM.— 
For the national highway freight program, 3.38 per-
cent of the amount remaining after distributing 
amounts under paragraphs (4), (6), and (7). 
‘‘(6) METROPOLITAN PLANNING.— 
‘‘(A) IN GENERAL.—For metropolitan plan-
ning, an amount determined for the State under 
subparagraphs (B) and (C). 
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‘‘(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 
‘‘(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 
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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 cross-
ings 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 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.—Not-
withstanding clause (i), for each fiscal year, 
each State shall receive a minimum of one- 
half of 1 percent of the total amount for the 
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railway crossings program for such fiscal 
year under subparagraph (B). 
‘‘(8) PREDISASTER MITIGATION PROGRAM.—For 
the predisaster mitigation program, 2.96 percent 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: 
‘‘(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 fiscal 
year 2020; bears to 
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‘‘(II) the amount of those appor-
tionments received by all States for fis-
cal year 2020. 
‘‘(B) ADJUSTMENTS TO AMOUNTS.—The ini-
tial amounts resulting from the calculation 
under subparagraph (A) shall be adjusted to en-
sure that each State receives an aggregate appor-
tionment equal to at least 95 percent of the esti-
mated tax payments attributable to highway 
users in the State paid into the Highway Trust 
Fund (other than the Mass Transit Account) in 
the most recent fiscal year for which data are 
available. 
‘‘(2) STATE APPORTIONMENT.—On October 1 of 
fiscal years 2022 through 2025, the Secretary shall 
apportion the sums authorized to be appropriated 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 
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(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; 
‘‘(5) the national highway freight program under 
section 167; 
‘‘(6) metropolitan planning under section 134; 
‘‘(7) the railway crossings program under section 
130; 
‘‘(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 
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(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 sec-
tion 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)’’. 
(e) 
METROPOLITAN
TRANSPORTATION
PLANNING; 
TITLE 49.—Section 5303(p) of title 49, United States Code, 
is amended by striking ‘‘section 104(b)(5)’’ and inserting 
‘‘section 104(b)(6)’’. 
SEC. 1105. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST 
FUND. 
Section 105 of title 23, United States Code, is amend-
ed— 
(1) in subsection (a) by striking ‘‘FAST Act’’ 
and inserting ‘‘INVEST in America Act’’; 
(2) 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.— 
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‘‘(A) ADJUSTMENT.—In making an adjust-
ment under paragraph (1) for an allocation, res-
ervation, or set-aside from an amount authorized 
from the Highway Account or Mass Transit Ac-
count described in subparagraph (B), the Sec-
retary 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 
‘‘(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 fiscal 
year but for this section by the amount cal-
culated under clause (ii). 
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‘‘(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 trans-
portation 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 
‘‘(iii) the amount made available for 
the territorial highway program under sec-
tion 165(a)(2).’’; 
(3) 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 
(4) in subsection (f)(1) by striking ‘‘section 1102 
or 3018 of the FAST Act’’ and inserting ‘‘any other 
provision of law’’. 
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SEC. 1106. TRANSPARENCY. 
(a) APPORTIONMENT.—Section 104 of title 23, United 
States Code, is amended by striking subsection (g) and in-
serting the following: 
‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY AND AC-
COUNTABILITY 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 
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 de-
scribes— 
‘‘(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; 
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‘‘(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; 
‘‘(III) 50,000 or more individuals 
but less than 200,000 individuals; or 
‘‘(IV) 200,000 or more individ-
uals; 
‘‘(vi) whether such project is located in 
an area of persistent poverty, as defined in 
section 172(l); 
‘‘(vii) 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; 
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‘‘(III) a new bridge construction 
project; 
‘‘(IV) 
a 
bridge 
rehabilitation 
project; or 
‘‘(V) a bridge replacement project; 
and 
‘‘(viii) the functional classification of 
the roadway on which such project is lo-
cated. 
‘‘(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 inter-
active 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 be updated annually to display the 
Federal-aid highway funds apportioned and allo-
cated to each State under this title, including— 
‘‘(i) the amount of funding available 
for obligation by the State, including prior 
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unobligated balances, at the start of the fis-
cal year; 
‘‘(ii) the amount of funding obligated 
by the State during such fiscal year; 
‘‘(iii) the amount of funding remain-
ing available for obligation by the State at 
the end of such fiscal year; and 
‘‘(iv) changes in the obligated, unex-
pended balance for the State. 
‘‘(B) PROGRAMMATIC DATA.—The data de-
scribed in subparagraph (A) shall include— 
‘‘(i) the amount of funding by each ap-
portioned and allocated program for which 
the State received funding under this title; 
‘‘(ii) the amount of funding transferred 
between programs by the State during the 
fiscal year using the authority provided 
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 
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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 
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 information 
for each active project, State, and congressional 
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— 
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‘‘(i) develop criteria for States to use to 
make the determination required under sub-
paragraph (A); and 
‘‘(ii) provide training, guidance, and 
other assistance to States and subrecipients 
as needed to ensure that projects adminis-
tered by subrecipients comply with the re-
quirements 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 Fed-
eral funds allocated to such subrecipient in accord-
ance 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 content 
requirements that are comparable to the requirements 
under sections 113 and 313 and that such require-
ments shall apply to projects carried out using such 
funds if such projects would have been subject to the 
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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 
(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 assist-
ance under this title for such megaproject shall submit 
to the Secretary a comprehensive risk management 
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; 
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‘‘(B) examples of mechanisms the recipient 
will use to track risks identified pursuant to sub-
paragraph (A); 
‘‘(C) a plan to control such risks; and 
‘‘(D) such assurances as the Secretary deter-
mines 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 author-
ized for construction, the recipient of Federal fi-
nancial 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 individual with 
project management experience) to give expert 
advice on the scientific, technical, and project 
management aspects of the megaproject. 
‘‘(B) MEMBERSHIP.— 
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‘‘(i) IN GENERAL.—Not later than 180 
days after the date of enactment of this sub-
section, the Secretary shall establish guide-
lines 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 review 
group and not later than 90 days after the 
date of any significant change, as deter-
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mined by the Secretary, to the scope, sched-
ule, or budget of the megaproject, review the 
scope, 
schedule, 
and 
budget 
of 
the 
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 Transpor-
tation a copy of all letters of interest, proposals, 
workplans, and reports related to the special experi-
mental project authority pursuant to section 502(b). 
The Secretary shall redact confidential business infor-
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100 
mation, as necessary, from any such information 
published. 
‘‘(2) NOTIFICATION AND OPPORTUNITY FOR COM-
MENT.—Not later than 30 days before making a de-
termination to proceed with an experiment under a 
letter of interest described in paragraph (1), the Sec-
retary shall provide notification and an opportunity 
for public comment on the letter of interest 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 Envi-
ronment 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, if any, 
based on the findings of such experiments. 
‘‘(m) COMPETITIVE GRANT PROGRAM OVERSIGHT AND 
ACCOUNTABILITY.— 
‘‘(1) IN GENERAL.—To ensure the accountability 
and oversight of the discretionary grant selection 
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101 
process administered by the Secretary, a covered pro-
gram shall be subject to the requirements of this sec-
tion, in addition to the requirements applicable to 
each covered program. 
‘‘(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 con-
siderations established for the applicable 
covered program; 
‘‘(B) create a data driven process to evalu-
ate, as set forth in the covered program, each eli-
gible project for which an application is received; 
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 pro-
gram. 
‘‘(3) NOTIFICATION OF CONGRESS.—Not less than 
15 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 
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102 
Representatives and the Committee on the Environ-
ment and Public Works of the Senate of— 
‘‘(A) the amount for each project proposed 
to be selected; 
‘‘(B) a description of the review process; 
‘‘(C) for each application, the determination 
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 pub-
lish on the website of the Department of Transpor-
tation— 
‘‘(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 applications made 
to the covered program for the given round of 
funding during each phase of the grant selection 
process. 
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103 
‘‘(5) BRIEFING.—The Secretary shall provide, at 
the request of a grant applicant of a covered program, 
the opportunity to receive a briefing to explain any 
reasons the grant applicant was not awarded a grant. 
‘‘(6) TEMPLATE.—The Secretary shall, to the ex-
tent practicable, develop a template as described in 
paragraph (2)(A) for any discretionary program ad-
ministered by the Secretary that is not a covered pro-
gram. 
‘‘(7) COVERED
PROGRAM
DEFINED.—The term 
‘covered program’ means each of the following discre-
tionary grant programs: 
‘‘(A) Community climate innovation grants 
under section 172. 
‘‘(B) Electric vehicle charging and hydrogen 
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-
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104 
troller General of the United States shall submit to Congress 
a report that— 
(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 insert-
ing ‘‘DESIGN CRITERIA FOR THE INTERSTATE 
SYSTEM.—The geometric’’; and 
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105 
(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-
proval by the Secretary, under section 106 of this 
title, of the plans, specifications, and estimates 
for actual construction of such project’’ and in-
serting ‘‘the existing and future operational per-
formance 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 pe-
riod 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 highway 
projects on the National Highway System) shall— 
‘‘(A) be designed, constructed, operated, and 
maintained in accordance with State laws, regu-
lations, directives, safety standards, design 
standards, and construction standards; and 
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106 
‘‘(B) take into consideration context sen-
sitive design principles. 
‘‘(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 Secretary 
may approve a deviation under this paragraph 
on a project, multiple project, or programmatic 
basis.’’; and 
(5) by adding at the end the following: 
‘‘(s) CONTEXT SENSITIVE DESIGN.— 
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‘‘(1) CONTEXT SENSITIVE DESIGN PRINCIPLES.— 
The Secretary shall collaborate with the American As-
sociation of State Highway Transportation Officials 
to ensure that any roadway design publications ap-
proved by the Secretary under this section provide 
adequate flexibility for a project sponsor to select the 
appropriate design of a roadway, consistent with con-
text 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 appro-
priate design, consistent with context sensitive 
design principles. 
‘‘(B) LOCAL GOVERNMENTS.—The Secretary 
and States shall encourage local governments to 
adopt policies or procedures described under sub-
paragraph (A). 
‘‘(C) CONSIDERATIONS.—The policies or 
procedures developed under this paragraph shall 
take into consideration the guidance developed 
by the Secretary under paragraph (3). 
‘‘(3) GUIDANCE.— 
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‘‘(A) IN GENERAL.— 
‘‘(i) NOTICE.—Not later than 1 year 
after the date of enactment of this sub-
section, the Secretary shall publish guidance 
on the official website of the Department of 
Transportation on context sensitive design. 
‘‘(ii) PUBLIC REVIEW AND COMMENT.— 
The guidance described in this paragraph 
shall be finalized following an opportunity 
for public review and comment. 
‘‘(iii) UPDATE.—The Secretary shall 
periodically update the guidance described 
in this paragraph, including the model poli-
cies or procedures described under subpara-
graph (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 
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procedures to more effectively combine 
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 find-
ings of this guidance, establish model poli-
cies or procedures for a State or other 
project sponsor to evaluate the context of a 
proposed facility and select the appropriate 
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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‘‘(ii) procedures for identifying the 
types and designs of facilities needed to 
serve various modes of transportation; 
‘‘(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 be used 
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for States, local governments, metropolitan planning 
organizations, or regional transportation planning 
organizations to adopt policies or procedures to evalu-
ate 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 clauses (i) and (ii) and inserting 
the following: 
‘‘(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; 
‘‘(ii) innovative construction equip-
ment, materials, techniques, or practices, 
including the use of in-place recycling tech-
nology, digital 3-dimensional modeling tech-
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nologies, and advanced digital construction 
management systems;’’; 
(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: 
‘‘(vi) innovative pavement materials 
that demonstrate reductions in greenhouse 
gas emissions through sequestration or inno-
vative 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), 
133(h), 149, and 171’’; and 
(3) by striking paragraph (2) and inserting the 
following: 
‘‘(2) ENVIRONMENTAL PROGRAMS.—With respect 
to an apportionment under either paragraph (4) or 
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paragraph (9) of section 104(b), and notwithstanding 
paragraph (1), a State may only transfer not more 
than 50 percent from the amount of the apportion-
ment of either such paragraph to the apportionment 
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 inserting 
the following: 
‘‘(1) IN GENERAL.— 
‘‘(A) AUTHORIZATION.—Subject to the pro-
visions of this section, Federal participation 
shall be permitted on the same basis and in the 
same manner as construction of toll-free high-
ways 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 
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System) and conversion of that highway, 
bridge, or tunnel to a tolled facility, if the 
number of toll-free lanes, excluding auxil-
iary lanes, after the construction is not less 
than the number of toll-free lanes, excluding 
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 tunnel 
on the Interstate System and conversion 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, excluding auxil-
iary lanes, before such construction; 
‘‘(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 rehabilitation 
is not less than the number of toll-free non- 
HOV lanes, excluding auxiliary lanes, be-
fore reconstruction, restoration, or rehabili-
tation; 
‘‘(viii) conversion of a high occupancy 
vehicle lane on a highway, bridge, or tunnel 
to a toll facility, subject to the requirements 
of section 166; and 
‘‘(ix) 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 under this sub-
section, the public authority with jurisdic-
tion over a highway, bridge, or tunnel shall 
enter into an agreement with the Secretary 
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to ensure compliance with the requirements 
of this subsection. 
‘‘(ii) APPLICABILITY.— 
‘‘(I) IN
GENERAL.—The require-
ments of this subparagraph 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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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 sub-
paragraph (B), 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 subpara-
graph (B), the Secretary shall ensure the 
public authority has adequately considered, 
including 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 im-
prove 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 subpara-
graph shall limit a public authority from 
meeting the requirements of this subpara-
graph through the environmental review 
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 fa-
cility to utilize pricing to manage the de-
mand 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 en-
sure (in addition to the requirements under 
subparagraphs (B), (C), and (D)) that such 
toll facility and the planned investments to 
improve public transportation or other non- 
tolled alternatives in the corridor are rea-
sonably 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 agree-
ment to convert a non-tolled lane to a toll 
facility under this subparagraph shall— 
‘‘(I) establish, monitor, and sup-
port a performance monitoring, eval-
uation, and reporting program— 
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‘‘(aa) for the toll facility that 
provides for continuous moni-
toring, assessment, and reporting 
on the impacts that the pricing 
structure may have on the oper-
ation 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. 
‘‘(iv) DETERMINATION.— 
‘‘(I) DEGRADED OPERATION.—For 
purposes of clause (iii)(III), the oper-
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ation of a toll facility shall be consid-
ered to be degraded if vehicles oper-
ating 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 
peak hour periods. 
‘‘(II) DEGRADED
CORRIDOR
OR 
CORDON.—For the purposes of clause 
(iii)(III), a corridor or cordon shall be 
considered to be degraded if congestion 
pricing or investments to improve pub-
lic transportation or other non-tolled 
alternatives have not resulted in— 
‘‘(aa) an increase in person 
or freight throughput in the cor-
ridor or cordon; or 
‘‘(bb) a reduction in person 
hours of delay in the corridor or 
cordon, as determined by the Sec-
retary. 
‘‘(III) DEFINITION
OF
MINIMUM 
AVERAGE OPERATING SPEED.—In this 
subparagraph, the term ‘minimum av-
erage operating speed’ means— 
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‘‘(aa) 35 miles per hour, in 
the case of a toll facility with a 
speed limit of 45 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 fa-
cility or a corridor or cordon becomes 
degraded under clause (iv), the public 
authority with jurisdiction over the fa-
cility shall submit to the Secretary for 
approval a plan that details the ac-
tions the public authority will take to 
make 
significant 
progress 
toward 
bringing the facility or corridor or cor-
don into compliance with this subpara-
graph. 
‘‘(II) NOTICE
OF
APPROVAL
OR 
DISAPPROVAL.—Not later than 60 days 
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after the date of receipt of a plan 
under subclause (I), the Secretary shall 
provide to the public authority a writ-
ten notice indicating whether the Sec-
retary has approved or disapproved the 
plan based on a determination of 
whether the implementation of the plan 
will make significant progress toward 
bringing the facility or corridor or cor-
don into compliance with this subpara-
graph. 
‘‘(III) UPDATE.—Until the date 
on which the Secretary determines that 
the public authority has brought the fa-
cility or corridor or cordon into com-
pliance with this subparagraph, the 
public authority shall submit annual 
updates that describe— 
‘‘(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. 
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‘‘(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 suc-
cessor regulations), until the perform-
ance 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. 
‘‘(vii) INCLUSION.—For the purposes of 
this paragraph, the corridor or cordon shall 
include toll-free facilities that are adjacent 
to the toll facility.’’; 
(B) in paragraph (3)— 
(i) in subparagraph (A)— 
(I) in clause (iv) by striking 
‘‘and’’ at the end; and 
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(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 reasonable 
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) 
through (vi) shall be considered surplus rev-
enue 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.— 
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‘‘(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) USE OF REVENUES.—A State or 
public authority that obligates amounts 
under clauses (v), (vi), or (vii) of subpara-
graph (A) shall annually report to the Sec-
retary a list of activities funded with such 
amounts and the amount of funding pro-
vided 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’’; 
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(D) in paragraph (9)— 
(i) by striking ‘‘bus’’ and inserting 
‘‘vehicle’’; and 
(ii) by striking ‘‘buses’’ and inserting 
‘‘vehicles’’; and 
(E) by striking paragraph (10) and insert-
ing the following: 
‘‘(10) INTEROPERABILITY OF ELECTRONIC TOLL 
COLLECTION.—All toll facilities on Federal-aid high-
ways shall provide for the regional interoperability of 
electronic toll collection, including through tech-
nologies 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 collecting 
tolls until the public authority and the Secretary 
enter into an agreement for the public authority to 
achieve compliance with such requirements. 
‘‘(12) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) FEDERAL PARTICIPATION.—The term 
‘Federal participation’ means the use of funds 
made available under this title. 
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‘‘(B) HIGH
OCCUPANCY
VEHICLE; HOV.— 
The term ‘high occupancy vehicle’ or ‘HOV’ 
means a vehicle with not fewer than 2 occupants. 
‘‘(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 ‘pub-
lic authority’ means a State, interstate compact 
of States, or public entity designated by a State. 
‘‘(F) PUBLIC TRANSPORTATION VEHICLE.— 
The term ‘public transportation vehicle’ has the 
meaning given that term in section 166. 
‘‘(G) TOLL FACILITY.—The term ‘toll facil-
ity’ means a toll highway, bridge, or tunnel or 
approach to the highway, bridge, or tunnel con-
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129 
structed or authorized to be tolled under this sub-
section.’’. 
(b) REPEAL OF INTERSTATE SYSTEM RECONSTRUC-
TION
AND REHABILITATION PILOT PROGRAM.—Section 
1216 of the Transportation Equity Act for the 21st Century 
(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 re-
pealed. 
(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 add-
ing at the end the following: 
‘‘(9) SUNSET.—The Secretary may not consider 
an expression of interest submitted under this section 
after the date of enactment of this paragraph.’’. 
(d) SAVINGS CLAUSE.— 
(1) APPLICATION OF LIMITATIONS.—Any toll fa-
cility described in paragraph (2) shall be subject to 
the requirements of section 129(a)(3) of title 23, 
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; 
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(B) in the planning and design phase; or 
(C) in the construction phase. 
(e) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary of Transportation 
shall submit to Congress a report on the implementation 
of the interoperability of toll collection as required under 
section 1512(b) of MAP–21, including an assessment of the 
progress in, and barriers on, such implementation. 
SEC. 1111. HOV FACILITIES. 
Section 166 of title 23, United States Code, is amend-
ed— 
(1) in subsection (b)— 
(A) in paragraph (4)(C)(iii) by striking 
‘‘transportation buses’’ and inserting ‘‘transpor-
tation vehicles’’; and 
(B) in paragraph (5)(B) by striking ‘‘2019’’ 
and inserting ‘‘2025’’; 
(2) in subsection (d)(2)(A)(i) by striking ‘‘45 
miles per hour, in the case of a toll facility with a 
speed of 50 miles per hour or greater’’ and inserting 
‘‘35 miles per hour, in the case of a toll facility with 
a speed limit of 45 miles per hour or greater’’; 
(3) in subsection (d)(2)(B) by striking ‘‘morning 
or evening weekday peak hour periods (or both)’’ and 
inserting ‘‘peak hour periods’’; 
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(4) 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; 
(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 en-
actment of the INVEST in America Act, update the 
requirements established under paragraph (1).’’; and 
(5) 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’’. 
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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’’; 
(B) by striking ‘‘Secretary of Transpor-
tation’’ and inserting ‘‘Secretary’’; 
(C) by striking ‘‘the Surface Transportation 
Assistance Act of 1982 (96 Stat. 2097) or’’; and 
(D) by striking ‘‘and manufactured prod-
ucts’’ and inserting ‘‘manufactured products, 
and construction materials’’; 
(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 Transpor-
tation’’ and inserting ‘‘REQUIREMENTS.—The 
Secretary’’; and 
(B) by striking ‘‘the Surface Transportation 
Assistance Act of 1982 (96 Stat. 2097) or’’; and 
(5) by adding at the end the following: 
‘‘(h) WAIVER PROCEDURE.— 
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‘‘(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.— 
‘‘(A) IN GENERAL.—Not later than 30 days 
before making a determination regarding a 
waiver described in paragraph (1), the Secretary 
shall provide notification and an opportunity 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 described 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 Secretary 
shall publish a detailed justification for such deter-
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mination that addresses all public comments received 
under paragraph (2)— 
‘‘(A) on the public website of the Depart-
ment of Transportation; and 
‘‘(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 review 
any standing nationwide waiver issued by the Sec-
retary under this section to ensure such waiver re-
mains justified. 
‘‘(2) PUBLIC
NOTIFICATION
AND
OPPORTUNITY 
FOR COMMENT.— 
‘‘(A) IN GENERAL.—Not later than 30 days 
before the completion of a review under para-
graph (1), the Secretary shall provide notifica-
tion 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 
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135 
public website of the Department of Transpor-
tation. 
‘‘(3) DETAILED JUSTIFICATION IN FEDERAL REG-
ISTER.—After the completion of a review under para-
graph (1), the Secretary shall publish in the Federal 
Register a detailed justification for the determination 
made under paragraph (1) that addresses 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 Appropriations 
of the House of Representatives, the Committee on Environ-
ment 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 previous fiscal 
year and the justifications for such waivers.’’. 
(b) SAFETEA–LU TECHNICAL CORRECTIONS ACT OF 
2008.—Section 117 of the SAFETEA–LU Technical Cor-
rections Act of 2008 (23 U.S.C. 313 note) is repealed. 
SEC. 1113. FEDERAL-AID HIGHWAY PROJECT REQUIRE-
MENTS. 
(a) IN GENERAL.—Except as otherwise provided in 
subsection (b), notwithstanding any other provision of law, 
the Secretary shall require recipients of assistance under 
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title 23, United States Code, and title I of division B this 
Act and the amendments made by this Act to comply with 
subsection (a) of section 113 of title 23, United States Code, 
with respect to all construction work, in the same manner 
that recipients of assistance under chapter 1 of such title 
are required to comply with such subsection for construction 
work performed on highway projects on Federal-aid high-
ways. 
(b) TREATMENT OF CERTAIN PROJECTS.—The Sec-
retary shall apply the requirements of section 1306(l) of this 
Act and sections 117(k), 172(j), and 173(k) of title 23, 
United States Code, to a project funded with a grant under 
such sections. 
SEC. 1114. STATE ASSUMPTION OF RESPONSIBILITY FOR 
CATEGORICAL EXCLUSIONS. 
Section 326(c)(3) of title 23, United States Code, is 
amended— 
(1) by striking subparagraph (A) and inserting 
the following: 
‘‘(A) except as provided under subpara-
graph (C), have a term of not more than 3 
years;’’; 
(2) in subparagraph (B) by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
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137 
‘‘(C) for any State that has assumed the re-
sponsibility for categorical exclusions under this 
section for at least 10 years, have a term of 5 
years.’’. 
SEC. 1115. SURFACE TRANSPORTATION PROJECT DELIVERY 
PROGRAM WRITTEN AGREEMENTS. 
Section 327 of title 23, United States Code, is amend-
ed— 
(1) in subsection (c)— 
(A) by striking paragraph (5) and inserting 
the following: 
‘‘(5) except as provided under paragraph (7), 
have a term of not more than 5 years;’’; 
(B) in paragraph (6) by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(7) for any State that has participated in a 
program under this section (or under a predecessor 
program) for at least 10 years, have a term of 10 
years.’’; 
(2) in subsection (g)(1)— 
(A) in subparagraph (C) by striking ‘‘an-
nual’’; 
(B) in subparagraph (B) by striking ‘‘and’’ 
at the end; 
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(C) by redesignating subparagraph (C) as 
subparagraph (D); and 
(D) by inserting after subparagraph (B) the 
following: 
‘‘(C) in the case of an agreement period of 
greater than 5 years under subsection (c)(7), con-
duct an audit covering the first 5 years of the 
agreement period; and’’; and 
(3) by adding at the end the following: 
‘‘(m) AGENCY DEEMED TO BE FEDERAL AGENCY.— 
A State agency that is assigned a responsibility under an 
agreement under this section shall be deemed to be a Federal 
agency for the purposes of all Federal laws pursuant to 
which the responsibility is exercised.’’. 
SEC. 1116. CORROSION PREVENTION FOR BRIDGES. 
(a) DEFINITIONS.—In this section: 
(1) APPLICABLE BRIDGE PROJECTS.—The term 
‘‘applicable bridge projects’’ means a project for con-
struction, alteration, or maintenance work, other than 
de minimus maintenance or repair work as deter-
mined by the applicable State department of trans-
portation, on a bridge or overpass structure funded 
under title 23, United States Code. 
(2) CERTIFIED
CONTRACTOR.—The term ‘‘cer-
tified contractor’’ means a contracting or subcon-
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tracting firm that has been certified by a third party 
organization that evaluates the capability of the con-
tractor or subcontractor to properly perform one or 
more specified aspects of applicable bridge projects as 
defined in subsection (b)(2). 
(3) QUALIFIED TRAINING PROGRAM.—The term 
‘‘qualified training program’’ means a training pro-
gram in corrosion control, mitigation and prevention, 
that is either offered or accredited by an organization 
that sets industry corrosion standards or is recognized 
in corrosion management transportation structures by 
the Department of Transportation, for the purposes of 
controlling, mitigating and preventing corrosion, or a 
program registered under the Act of August 16, 1937 
(29 U.S.C. 50 et seq.) (commonly known as the ‘‘Na-
tional Apprenticeship Act’’) that meets the require-
ments of parts 29 and 30 of title 29, Code of Federal 
Regulations, as in effect on January 1, 2020. 
(b) APPLICABLE BRIDGE PROJECTS.— 
(1) QUALITY CONTROL.—A certified contractor 
shall carry out aspects of an applicable bridge project 
described in paragraph (2). 
(2) 
ASPECTS
OF
APPLICABLE
BRIDGE 
PROJECTS.—Aspects of an applicable bridge project 
referred to in paragraph (1) include— 
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(A) surface preparation or coating applica-
tion on steel or rebar of an applicable bridge 
project; 
(B) removal of a lead-based or other haz-
ardous coating from steel of an existing applica-
ble bridge project; 
(C) shop painting of structural steel or 
rebar fabricated for installation on an applicable 
bridge project; and 
(D) the design, application, installation 
and maintenance of a cathodic protection system 
on an applicable bridge project. 
(3) CORROSION MANAGEMENT SYSTEM.—A State 
transportation department shall— 
(A) implement a corrosion management sys-
tem that utilizes industry-recognized standards 
and corrosion mitigation and prevention meth-
ods to address— 
(i) surface preparation; 
(ii) protective coatings; 
(iii) materials selection; 
(iv) cathodic protection; 
(v) corrosion engineering; 
(vi) personnel training; and 
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(vii) best practices in environmental 
protection to prevent environmental deg-
radation and uphold public health; 
(B) require certified contractors that employ 
appropriately trained and certified coating ap-
plicators to carry out aspects of applicable 
bridge projects as described in paragraph (2); 
and 
(C) use certified cathodic protection profes-
sionals for all aspects of applicable bridge 
projects that require knowledge of the design, in-
stallation, monitoring, or maintenance of a ca-
thodic protection system. 
(c) TRAINING PROGRAM.—As a condition of entering 
into a contract for an applicable bridge project, each cer-
tified contractor shall provide training, through a qualified 
training program, for each applicable craft or trade classi-
fication of employees that the certified contractor intends 
to employ to carry out aspects of applicable bridge projects 
as described in subsection (b)(2). 
SEC. 1117. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) States should utilize life-cycle cost analysis to 
evaluate the total economic cost of a transportation 
project over its expected lifetime; and 
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(2) data indicating that future repair costs asso-
ciated with a transportation project frequently total 
more than half of the initial cost of the project, and 
that conducting life-cycle cost analysis prior to con-
struction will help States identify the most cost-effec-
tive option, improve their economic performance, and 
lower the total cost of building and maintaining the 
project. 
Subtitle B—Programmatic 
Infrastructure Investment 
SEC. 1201. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 
Section 119 of title 23, United States Code, is amend-
ed— 
(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 the National Highway System, con-
sistent with the asset management plans of States; 
‘‘(2) to support progress toward the achievement 
of performance targets of States established under sec-
tion 150; 
‘‘(3) to increase the resilience of Federal-aid 
highways and bridges; and 
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‘‘(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)— 
(A) in paragraph (1)(A) by striking ‘‘or 
freight movement on the National Highway Sys-
tem’’ and inserting ‘‘freight movement, environ-
mental sustainability, transportation system ac-
cess, 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 Highway 
System’’; and 
(iii) by adding at the end the fol-
lowing: 
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‘‘(Q) Projects on or off the National High-
way System to reduce greenhouse gas emissions 
that are eligible under section 171, including the 
installation of electric vehicle charging infra-
structure. 
‘‘(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 vehi-
cle-caused wildlife mortality related to, or to re-
store 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). 
‘‘(U) Undergrounding public utilities in the 
course of other infrastructure improvements eli-
gible under this section to mitigate the cost of re-
curring damages from extreme weather events, 
wildfire or other natural disasters.’’; and 
(D) by adding at the end the following: 
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‘‘(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, as defined in the 
State’s asset management plan, on the National 
Highway System; 
‘‘(B) demonstrates that the project— 
‘‘(i) supports the achievement of per-
formance targets of the State established 
under section 150; and 
‘‘(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 
‘‘(C) has a public plan for maintaining and 
operating the new asset while continuing its 
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146 
progress in achieving a state of good repair 
under subparagraph (A).’’; 
(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 Sec-
retary’’; and 
(4) by adding at the end the following: 
‘‘(k) BENEFIT-COST ANALYSIS.—In carrying out sub-
section (d)(3)(B)(ii), the Secretary shall establish a process 
for analyzing the cost and benefits of projects under such 
subsection, ensuring that— 
‘‘(1) the benefit-cost analysis includes a calcula-
tion of all the benefits addressed in the performance 
measures established under section 150; 
‘‘(2) the benefit-cost analysis includes a consider-
ation of the total maintenance cost of an asset over 
the lifecycle of the asset; and 
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‘‘(3) the State demonstrates that any travel de-
mand modeling used to calculate the benefit-cost anal-
ysis has a documented record of accuracy.’’. 
SEC. 1202. INCREASING THE RESILIENCE OF TRANSPOR-
TATION ASSETS. 
(a) PREDISASTER MITIGATION PROGRAM.— 
(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 establish 
and implement a predisaster mitigation program to en-
hance 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 activities, 
including construction of natural infrastructure or 
protective features and the development of such 
projects and programs that help agencies, to— 
‘‘(A) increase the resilience of a surface 
transportation infrastructure asset to withstand 
a covered event; 
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‘‘(B) relocate or provide a reasonable alter-
native to a repeatedly damaged facility; 
‘‘(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— 
‘‘(I) communications and intel-
ligent transportation system equipment 
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; and 
‘‘(D) recover from incidents that signifi-
cantly disrupt a regions transportation system 
including— 
‘‘(i) predisaster training programs that 
help agencies and regional stakeholders plan 
for and prepare multimodal recovery efforts; 
and 
‘‘(ii) the establishment of regional wide 
telework training and programs. 
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‘‘(2) INFRASTRUCTURE RESILIENCE AND ADAPTA-
TION.—No funds shall be obligated to a project under 
this section unless the project meets each of the fol-
lowing criteria: 
‘‘(A) The project is designed to ensure resil-
ience over the anticipated service life of the sur-
face transportation infrastructure asset. 
‘‘(B) The project is identified in the metro-
politan or statewide transportation improvement 
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-prone area, 
the project sponsor considers hydrologic and hy-
draulic data and methods that integrate current 
and projected changes in flooding based on cli-
mate science over the anticipated service life of 
the surface transportation infrastructure asset 
and future forecasted land use changes. 
‘‘(3) PRIORITIZATION
OF
PROJECTS.—A State 
shall develop a process to prioritize projects under 
this section based on the degree to which the proposed 
project would— 
‘‘(A) be cost effective; 
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150 
‘‘(B) reduce the risk of disruption to a sur-
face transportation infrastructure asset consid-
ered critical to support population centers, 
freight movement, economic activity, evacuation, 
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 or landslide). 
‘‘(2) SURFACE
TRANSPORTATION
INFRASTRUC-
TURE ASSET.—The term ‘surface transportation in-
frastructure asset’ means a facility eligible for assist-
ance 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 section 123 the 
following: 
‘‘124. Predisaster mitigation program.’’. 
(b) METROPOLITAN TRANSPORTATION PLANNING.— 
(1) AMENDMENTS TO TITLE 23.— 
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151 
(A) CLIMATE CHANGE AND RESILIENCE.— 
Section 134(i)(2) of title 23, United States Code, 
is amended by adding at the end the following: 
‘‘(I) CLIMATE CHANGE AND RESILIENCE.— 
‘‘(i) IN GENERAL.—The transportation 
planning process shall assess strategies to 
reduce the climate change impacts of the 
surface transportation system and conduct 
a vulnerability assessment to identify op-
portunities to enhance the resilience of the 
surface transportation system and ensure 
the efficient use of Federal resources. 
‘‘(ii) CLIMATE
CHANGE
MITIGATION 
AND IMPACTS.—A long-range transportation 
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 de-
mand and increase the rates of public 
transportation ridership, walking, bi-
cycling, and carpools; and 
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152 
‘‘(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 defined 
in section 124); 
‘‘(II) considers, as applicable, the 
risk management analysis in the 
State’s asset management plan devel-
oped pursuant to section 119, and the 
State’s evaluation of reasonable alter-
natives to repeatedly damaged facilities 
conducted under part 667 of title 23, 
Code of Federal Regulations; 
‘‘(III) identifies evacuation routes, 
assesses the ability of any such routes 
to provide safe passage for evacuation 
and emergency response during an 
emergency event, and identifies any 
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153 
improvements or redundant facilities 
necessary to adequately 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 miti-
gation plans required under section 
322 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act 
(42 U.S.C. 5165). 
‘‘(iv) CONSULTATION.—The assessment 
described in this subparagraph shall be de-
veloped in consultation with, as appro-
priate, State, local, and Tribal officials re-
sponsible for land use, housing, resilience, 
hazard mitigation, and emergency manage-
ment.’’. 
(B) 
RESILIENCE
PROJECTS.—Section 
134(j)(3) of title 23, United States Code, is 
amended by adding at the end the following: 
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154 
‘‘(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: 
‘‘(I) CLIMATE CHANGE AND RESILIENCE.— 
‘‘(i) IN GENERAL.—The transportation 
planning process shall assess strategies to 
reduce the climate change impacts of the 
surface transportation system and conduct 
a vulnerability assessment to identify op-
portunities to enhance the resilience of the 
surface transportation system and ensure 
the efficient use of Federal resources. 
‘‘(ii) CLIMATE
CHANGE
MITIGATION 
AND IMPACTS.—A long-range transportation 
plan shall— 
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155 
‘‘(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 de-
mand and increase the rates of public 
transportation ridership, walking, bi-
cycling, 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 defined 
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 
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156 
23, and the State’s evaluation of rea-
sonable alternatives to repeatedly dam-
aged facilities conducted under part 
667 of title 23, Code of Federal Regula-
tions; 
‘‘(III) identifies evacuation routes, 
assesses the ability of any such routes 
to provide safe passage for evacuation 
and emergency response during an 
emergency event, and identifies any 
improvements or redundant facilities 
necessary to adequately 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 miti-
gation plans required under section 
322 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act 
(42 U.S.C. 5165). 
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157 
‘‘(iv) CONSULTATION.—The assessment 
described in this subparagraph shall be de-
veloped in consultation, as appropriate, 
with State, local, and Tribal officials re-
sponsible for land use, housing, resilience, 
hazard mitigation, and emergency manage-
ment.’’. 
(B) 
RESILIENCE
PROJECTS.—Section 
5303(j)(3) of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(E) RESILIENCE
PROJECTS.—The TIP 
shall— 
‘‘(i) identify 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 PLANNING.— 
(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.— 
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158 
‘‘(A) IN
GENERAL.—The transportation 
planning process shall assess strategies to reduce 
the climate change impacts of the surface trans-
portation system and conduct a vulnerability as-
sessment to identify opportunities to enhance the 
resilience of the surface transportation system 
and ensure the efficient use of Federal resources. 
‘‘(B) CLIMATE CHANGE MITIGATION AND IM-
PACTS.—A 
long-range 
transportation 
plan 
shall— 
‘‘(i) identify investments and strategies 
to reduce transportation-related sources of 
greenhouse gas emissions per capita; 
‘‘(ii) identify investments and strate-
gies to manage transportation demand and 
increase the rates of public transportation 
ridership, walking, bicycling, and carpools; 
and 
‘‘(iii) recommend zoning and other 
land use policies that would support infill, 
transit-oriented development, and mixed use 
development. 
‘‘(C) 
VULNERABILITY
ASSESSMENT.—A 
long-range transportation plan shall incorporate 
a vulnerability assessment that— 
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159 
‘‘(i) includes a risk-based assessment of 
vulnerabilities of critical transportation as-
sets and systems to covered events (as such 
term is defined in section 124); 
‘‘(ii) considers, as applicable, the risk 
management analysis in the State’s asset 
management plan developed pursuant to 
section 119, and the State’s evaluation of 
reasonable alternatives to repeatedly dam-
aged facilities conducted under part 667 of 
title 23, Code of Federal Regulations; 
‘‘(iii) identifies evacuation routes, as-
sesses the ability of any such routes to pro-
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 States’s adaptation 
and resilience improvement strategies that 
will inform the transportation investment 
decisions of the State; and 
‘‘(v) is consistent with and complemen-
tary of the State and local mitigation plans 
required under section 322 of the Robert T. 
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160 
Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5165). 
‘‘(D) CONSULTATION.—The assessment de-
scribed in this subparagraph shall be developed 
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 
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 address 
the vulnerabilities identified by the as-
sessment 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.— 
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161 
‘‘(A) IN
GENERAL.—The transportation 
planning process shall assess strategies to reduce 
the climate change impacts of the surface trans-
portation system and conduct a vulnerability as-
sessment to identify opportunities to enhance the 
resilience of the surface transportation system 
and ensure the efficient use of Federal resources. 
‘‘(B) CLIMATE CHANGE MITIGATION AND IM-
PACTS.—A 
long-range 
transportation 
plan 
shall— 
‘‘(i) identify investments and strategies 
to reduce transportation-related sources of 
greenhouse gas emissions per capita; 
‘‘(ii) identify investments and strate-
gies to manage transportation demand and 
increase the rates of public transportation 
ridership, walking, bicycling, and carpools; 
and 
‘‘(iii) recommend zoning and other 
land use policies that would support infill, 
transit-oriented development, and mixed use 
development. 
‘‘(C) 
VULNERABILITY
ASSESSMENT.—A 
long-range transportation plan shall incorporate 
a vulnerability assessment that— 
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162 
‘‘(i) includes a risk-based assessment of 
vulnerabilities of critical transportation as-
sets and systems to covered events (as such 
term is defined in section 124 of title 23); 
‘‘(ii) considers, as applicable, the risk 
management analysis in the State’s asset 
management plan developed pursuant to 
section 119 of title 23, and the State’s eval-
uation of reasonable alternatives to repeat-
edly damaged facilities conducted under 
part 667 of title 23, Code of Federal Regu-
lations; 
‘‘(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 State’s adaptation 
and resilience improvement strategies that 
will inform the transportation investment 
decisions of the State; and 
‘‘(v) is consistent with and complemen-
tary of the State and local mitigation plans 
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163 
required under section 322 of the Robert T. 
Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5165). 
‘‘(D) CONSULTATION.—The assessment de-
scribed in this subparagraph shall be developed 
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 address 
the vulnerabilities identified by the as-
sessment 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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(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 paragraph (3) as 
paragraph (4); and 
(C) by striking paragraphs (1) and (2) and 
inserting the following: 
‘‘(1) IN GENERAL.—The Secretary may expend 
funds from the emergency fund authorized by this sec-
tion only for the repair or reconstruction of highways 
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 concurrence 
by the Secretary, unless the President has 
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165 
declared the emergency to be a major dis-
aster for the purposes of the Robert T. Staf-
ford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5121 et seq.) for which 
concurrence of the Secretary is not required; 
and 
‘‘(ii) the Secretary has received an ap-
plication from the State transportation de-
partment that includes a comprehensive list 
of all eligible project sites and repair costs 
by not later than 2 years after the natural 
disaster or catastrophic failure. 
‘‘(B) COST LIMITATION.—The total cost of a 
project funded under this section may not exceed 
the cost of repair or reconstruction of a com-
parable facility unless the Secretary determines 
that the project incorporates economically justi-
fied betterments, including protective features to 
increase the resilience of the facility. 
‘‘(3) SPECIAL RULE FOR BRIDGE PROJECTS.—In 
no case shall funds be used under this section for the 
repair or reconstruction of a bridge— 
‘‘(A) that has been permanently closed to all 
vehicular traffic by the State or responsible local 
official because of imminent danger of collapse 
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166 
due to a structural deficiency or physical dete-
rioration; or 
‘‘(B) if a construction phase of a replace-
ment structure is included in the approved state-
wide 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), respec-
tively; and 
(7) by adding at the end the following: 
‘‘(g) IMPOSITION OF DEADLINE.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary may not require any 
project funded under this section to advance to the 
construction obligation stage before the date that is 
the last day of the sixth fiscal year after the later of— 
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167 
‘‘(A) the date on which the Governor de-
clared the emergency, as described in subsection 
(d)(2)(A)(i); or 
‘‘(B) the date on which the President de-
clared the emergency to be a major disaster, as 
described in such subsection. 
‘‘(2) EXTENSION OF DEADLINE.—If the Secretary 
imposes a deadline for advancement to the construc-
tion obligation stage pursuant to paragraph (1), the 
Secretary may, upon the request of the Governor of 
the State, issue an extension of not more than 1 year 
to complete such advancement, and may issue addi-
tional extensions after the expiration of any exten-
sion, if the Secretary determines the Governor of the 
State has provided suitable justification to warrant 
such an extension. 
‘‘(h) PREDISASTER HAZARD MITIGATION PILOT PRO-
GRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
a predisaster mitigation program for the purpose of 
mitigating future hazards posed to Federal-aid high-
ways. 
‘‘(2) 
DISTRIBUTION
OF
FUNDS.—Every 
months, the Secretary shall total the amount of funds 
made available to each State, territory, Tribal or 
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other eligible entity under the emergency relief pro-
gram under this section during the preceding 6 
months and remit an additional 5 percent from the 
Highway Trust Fund to such entities for eligible ac-
tivities described in paragraph (3). 
‘‘(3) ELIGIBLE ACTIVITIES.—Funds made avail-
able under paragraph (2) shall be used for mitigation 
projects and activities that the Secretary determines 
are cost effective and which substantially reduce the 
risk of, or increase resilience to, future damage as a 
result of natural disasters, including by flood, hurri-
cane, tidal wave, earthquake, severe storm, or land-
slide, by upgrading existing assets to meet or exceed 
design standards adopted by the Federal Highway 
Administration by— 
‘‘(A) relocating or elevating roadways; 
‘‘(B) increasing the size or number of 
drainage structures, including culverts; 
‘‘(C) installing mitigation measures to pre-
vent the impairment of transportation assets as 
a result of the intrusion of floodwaters; 
‘‘(D) improving bridges to expand water ca-
pacity and prevent flooding; 
‘‘(E) deepening channels to prevent asset in-
undation and improve drainage; 
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‘‘(F) improving strength of natural features 
adjacent to highway right-of-way to promote ad-
ditional flood storage; 
‘‘(G) installing or upgrading tide gates and 
flood gates; 
‘‘(H) stabilizing slide areas or slopes; 
‘‘(I) installing seismic retrofits for bridges; 
‘‘(J) adding scour protection at bridges; 
‘‘(K) adding scour, stream stability, coastal, 
or other hydraulic countermeasures, including 
riprap; 
‘‘(L) installing intelligent transportation 
system equipment to monitor infrastructure 
quality; and 
‘‘(M) any other protective features as deter-
mined by the Secretary. 
‘‘(4) REPORT.—The Secretary shall submit to the 
Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on 
Environment and Public Works of the Senate an an-
nual report detailing— 
‘‘(A) a description of the activities carried 
out under the pilot program; 
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‘‘(B) an evaluation of the effectiveness of the 
pilot program in meeting purposes descried in 
paragraph (1); 
‘‘(C) policy recommendations to improve the 
effectiveness of the pilot program. 
‘‘(i) IMPROVING
THE
EMERGENCY
RELIEF
PRO-
GRAM.—Not later than 90 days after the date of enactment 
of the INVEST in America Act, the Secretary shall— 
‘‘(1) revise the emergency relief manual of the 
Federal Highway Administration— 
‘‘(A) to include and reflect the definition of 
the term ‘resilience’ (as defined in section 
101(a)); 
‘‘(B) to identify procedures that States may 
use to incorporate resilience into emergency relief 
projects; and 
‘‘(C) to encourage the use of context sen-
sitive design principles and consideration of ac-
cess for moderate- and low-income families im-
pacted by a declared disaster; 
‘‘(2) develop best practices for improving the use 
of resilience in— 
‘‘(A) the emergency relief program under 
section 125; and 
‘‘(B) emergency relief efforts; 
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171 
‘‘(3) provide to division offices of the Federal 
Highway Administration and State departments of 
transportation information on the best practices de-
veloped under paragraph (2); and 
‘‘(4) develop and implement a process to track— 
‘‘(A) the consideration of resilience as part 
of the emergency relief program under section 
125; and 
‘‘(B) the costs of emergency relief projects. 
‘‘(j) DEFINITIONS.—In this section: 
‘‘(1) COMPARABLE
FACILITY.—The term ‘com-
parable facility’ means a facility that meets the cur-
rent geometric and construction standards required 
for the types and volume of traffic that the facility 
will carry over its design life. 
‘‘(2) CONSTRUCTION
PHASE.—The term ‘con-
struction phase’ means the phase of physical construc-
tion of a highway or bridge facility that is separate 
from any other identified phases, such as planning, 
design, or right-of-way phases, in the State transpor-
tation 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 con-
ditions, or emergencies, the road— 
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172 
‘‘(A) is maintained; 
‘‘(B) is open to the general public; and 
‘‘(C) can accommodate travel by a standard 
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) SUNSET.—On the date that is 5 years after the date 
of enactment of this Act, the authority provided under sec-
tion 125(h) of title 23, United States Code, shall terminate. 
(c) CONFORMING AMENDMENTS.— 
(1) FEDERAL
LANDS
AND
TRIBAL
TRANSPOR-
TATION PROGRAMS.—Section 201(c)(8)(A) of title 23, 
United States Code, is amended by striking ‘‘section 
125(e)’’ and inserting ‘‘section 125(g)’’. 
(2) TRIBAL
TRANSPORTATION
PROGRAM.—Sec-
tion 202(b)(6)(A) of title 23, United States Code, is 
amended by striking ‘‘section 125(e)’’ and inserting 
‘‘section 125(d)’’. 
(d) REPEAL.—Section 668.105(h) of title 23, Code of 
Federal Regulations, is repealed. 
VerDate Sep 11 2014 
04:01 Jun 27, 2020
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