269 
research on supply chains carried out under section 
1112(c) of the INVEST in America Act. 
‘‘(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. 
‘‘(k) CONSTRUCTION MATERIALS DEFINED.—In this 
section, the term ‘construction materials’ means primary 
materials, except for iron and steel, that are commonly used 
in highway construction, as determined by the Secretary.’’. 
(b) CONSTRUCTION MATERIALS.— 
(1) ESTABLISHMENT
OF
REQUIREMENTS.—The 
Secretary shall issue such regulations as are necessary 
to implement the amendment made subsection 
(a)(1)(D). Such regulations shall ensure the continued 
availability of construction materials to carry out 
projects under title 23, United States Code. 
(2) CONSIDERATIONS.—The requirements of this 
section, and the amendments made by this section— 
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(A) shall seek to maximize jobs located in 
the United States; 
(B) may establish domestic content require-
ments that increase over time, based on the cur-
rent and expected future domestic availability of 
construction materials; and 
(C) shall take into consideration the re-
search conducted under subsection (c). 
(3) APPLICABILITY.—The amendment made by 
subsection (a)(1)(D) shall take effect beginning on the 
date that the Secretary establishes the requirements 
described under paragraph (1). 
(c) RESEARCH ON SUPPLY CHAINS.— 
(1) IN GENERAL.—The Secretary shall conduct 
research on covered items that are commonly used or 
acquired under title 23, United States Code, includ-
ing— 
(A) construction materials; 
(B) manufactured products; 
(C) vehicles; and 
(D) alternative fuel infrastructure and elec-
tric vehicle supply equipment. 
(2) CONSIDERATIONS.—The research under para-
graph (1) shall consider— 
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(A) the current domestic availability of cov-
ered items; 
(B) the current supply chain for covered 
items; and 
(C) the estimated demand, in relation to 
total United States demand from all sources, for 
covered items from— 
(i) procurement under the Federal-aid 
highway program; 
(ii) procurement under other programs 
administered by the Secretary of Transpor-
tation; and 
(iii) other Federal procurement. 
(3) DOMESTIC SUPPLIERS.—As part of the re-
view under this paragraph, the Secretary may estab-
lish and maintain a list of known domestic suppliers 
of covered items. 
(4) DEFINITION
OF
COVERED
ITEM.—For the 
purposes of this section, the term ‘‘covered item’’ 
means any material or product (except for iron and 
steel) subject to the requirements of section 313(a) of 
title 23, United States Code, that is commonly used 
in highway construction or procured under the Fed-
eral-aid highway program. 
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(d) IRON AND STEEL.—This section, and the amend-
ments made by this section, shall not affect the requirements 
under section 634.410(b)(1)(ii) of title 23, Code of Federal 
Regulations, with respect to iron and steel. 
(e) 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.—Section 113 of title 23, United 
States Code, is amended— 
(1) by striking subsections (a) and (b) and in-
serting the following: 
‘‘(a) IN GENERAL.—The Secretary shall take such ac-
tion as may be necessary to ensure that all laborers and 
mechanics employed by contractors or subcontractors on 
construction work performed on projects financed or other-
wise assisted in whole or in part by a loan, loan guarantee, 
grant, credit enhancement, or any other form of Federal as-
sistance administered by the Secretary or the Department, 
including programs to capitalize revolving loan funds and 
subsequent financing cycles under such funds, shall be paid 
wages at rates not less than those prevailing on projects 
of a character similar in the locality, as determined by the 
Secretary of Labor in accordance with subchapter IV of 
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chapter 31 of title 40. With respect to the labor standards 
specified in this section, the Secretary of Labor shall have 
the authority and functions set forth in Reorganization 
Plan Numbered 14 of 1950 (64 Stat. 1267) and section 3145 
of title 40.’’; 
(2) by redesignating subsection (c) as subsection 
(b); and 
(3) in subsection (b), as so redesignated, by in-
serting ‘‘APPRENTICESHIP AND SKILL TRAINING PRO-
GRAMS.—’’ before ‘‘The provisions’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 133 of title 23, United States Code, 
is amended by striking subsection (i). 
(2) Section 167 of title 23, United States Code, 
is amended by striking subsection (l). 
(3) Section 1401 of the MAP–21 (23 U.S.C. 137 
note) is amended by striking subsection (e). 
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: 
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‘‘(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: 
‘‘(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 (a)(2)(G) by inserting ‘‘, in-
cluding the payment of fees awarded under section 
2412 of title 28’’ after ‘‘with the project’’. 
(2) 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: 
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‘‘(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.’’; 
(3) in subsection (g)(1)— 
(A) in subparagraph (C) by striking ‘‘an-
nual’’; 
(B) in subparagraph (B) by striking ‘‘and’’ 
at the end; 
(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 
(4) 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 an agen-
cy of the United States for the purposes of section 2412 of 
title 28.’’. 
SEC. 1116. CORROSION PREVENTION FOR BRIDGES. 
(a) DEFINITIONS.—In this section: 
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(1) APPLICABLE BRIDGE PROJECTS.—The term 
‘‘applicable bridge projects’’ means a project for con-
struction, replacement, rehabilitation, preservation, or 
protection, other than de minimis work, as deter-
mined by the applicable State department of trans-
portation, on a bridge project that receives financial 
assistance under title 23, United States Code. 
(2) CERTIFIED
CONTRACTOR.—The term ‘‘cer-
tified contractor’’ means a contracting or subcon-
tracting firm that has been certified by an industry- 
wide recognized third party organization that evalu-
ates the capability of the contractor or subcontractor 
to properly perform 1 or more specified aspects of ap-
plicable bridge projects described 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— 
(A) offered or accredited by an organization 
that sets industry corrosion standards; or 
(B) an industrial coatings applicator train-
ing program registered under the Act of August 
16, 1937 (29 U.S.C. 50 et seq.; commonly known 
as the ‘‘National Apprenticeship Act’’) that 
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meets the standards of subpart A of part 29 and 
part 30 of title 29, Code of Federal Regulations. 
(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) shall include— 
(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; and 
(C) shop painting of structural steel or 
rebar fabricated for installation on an applicable 
bridge project. 
(3) CORROSION MANAGEMENT SYSTEM.—In car-
rying out an applicable bridge project, a State de-
partment of transportation shall— 
(A) implement a corrosion management sys-
tem that utilizes industry-recognized standards 
and corrosion mitigation and prevention meth-
ods to address— 
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(i) surface preparation; 
(ii) protective coatings; 
(iii) materials selection; 
(iv) cathodic protection; 
(v) corrosion engineering; 
(vi) personnel training; and 
(vii) best practices in environmental 
protection to prevent environmental deg-
radation and uphold public health. 
(B) require certified contractors, for the 
purpose of carrying out aspects of applicable 
bridge projects described in paragraph (2), to 
employ a substantial number of individuals that 
are trained and certified by a qualified training 
program as meeting the ANSI/NACE Number 
13/SSPC–ACS–1 standard or future versions of 
this standard. 
(4) CERTIFICATION.—The applicable State de-
partment of transportation shall only accept bids for 
projects that include aspects of applicable bridge 
projects described in paragraph (2) from a certified 
contractor that presents written proof that the certifi-
cation of such contractor meets the standards of 
SSPC QP1, QP2, and QP3 or future versions of these 
standards. 
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(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 individual who is not a certified 
coating applicator but that the certified contractor employs 
to carry out aspects of applicable bridge projects as de-
scribed 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 
(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. 
SEC. 1118. ACCOMMODATION OF CERTAIN FACILITIES IN 
RIGHT-OF-WAY. 
(a) IN GENERAL.—Notwithstanding chapter 1 of title 
23, United States Code, electric vehicle charging infrastruc-
ture, renewable energy generation facilities, electrical trans-
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mission and distribution infrastructure, and broadband in-
frastructure and conduit shall be treated as a facility cov-
ered under part 645 of title 23, Code of Federal Regulations 
(or successor regulations), for purposes of being accommo-
dated under section 109(l) of title 23, United States Code. 
(b) STATE APPROVAL.—A State, on behalf of the Sec-
retary of Transportation, may approve the accommodation 
of the infrastructure and facilities described in subsection 
(a) within any right-of-way on a Federal-aid highway pur-
suant to section 109(l) of title 23, United States Code. 
SEC. 1119. FEDERAL GRANTS FOR PEDESTRIAN AND BIKE 
SAFETY IMPROVEMENTS. 
(a) IN GENERAL.—Notwithstanding any provision of 
title 23, United States Code, or any regulation issued by 
the Secretary of Transportation, section 129(a)(3) of such 
title shall not apply to a covered public authority that re-
ceives funding under such title for pedestrian and bike safe-
ty improvements. 
(b) NO TOLL.—A covered public authority may not 
charge a toll, fee, or other levy for use of such improvements. 
(c) EFFECTIVE DATE.—A covered public authority 
shall be eligible for the exemption under subsection (a) for 
10 years after the date of enactment of this Act. Any such 
exemption granted shall remain in effect after the effective 
date described in this section. 
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(d) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) COVERED
PUBLIC
AUTHORITY.—The term 
‘‘covered public authority’’ means a public authority 
with jurisdiction over a toll facility located within 
both— 
(A) a National Scenic Area; and 
(B) the National Trail System. 
(2) NATIONAL
SCENIC
AREA.—The term ‘‘Na-
tional Scenic Area’’ means an area of the National 
Forest System federally designated as a National Sce-
nic Area in recognition of the outstanding natural, 
scenic, and recreational values of the area. 
(3) NATIONAL TRAIL SYSTEM.—The term ‘‘Na-
tional Trail System’’ means an area described in sec-
tion 3 of the National Trails System Act (16 U.S.C. 
1242). 
(4) PUBLIC
AUTHORITY; TOLL
FACILITY.—The 
terms ‘‘public authority’’ and ‘‘toll facility’’ have the 
meanings such terms would have if such terms were 
included in chapter 1 of title 23, United States Code. 
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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 
‘‘(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-
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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: 
‘‘(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-
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tation facility eligible under section 124, includ-
ing protective features and natural infrastruc-
ture. 
‘‘(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 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) The removal, retrofit, repurposing, re-
mediation, or replacement of a highway on the 
National Highway System that creates a barrier 
to community connectivity to improve access for 
multiple modes of transportation.’’; and 
(D) by adding at the end the following: 
‘‘(3) a project that is otherwise eligible under 
this subsection to construct new capacity for single 
occupancy passenger vehicles only if the State— 
‘‘(A) has demonstrated progress in achiev-
ing a state of good repair, as defined in the 
State’s asset management plan, on the National 
Highway System; 
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‘‘(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 public 
transportation project eligible for as-
sistance 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 
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 
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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 
‘‘(3) the State demonstrates that any transpor-
tation demand modeling used to calculate the benefit- 
cost analysis has a documented record of accuracy.’’. 
SEC. 1202. INCREASING THE RESILIENCE OF TRANSPOR-
TATION ASSETS. 
(a) PREDISASTER MITIGATION PROGRAM.— 
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(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— 
‘‘(A) construction activities, including con-
struction of natural infrastructure or protective 
features— 
‘‘(i) to increase the resilience of a sur-
face transportation infrastructure asset to 
withstand a covered event; 
‘‘(ii) to relocate or provide a reason-
able alternative to a repeatedly damaged fa-
cility; and 
‘‘(iii) for an evacuation route identi-
fied in the vulnerability assessment required 
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under section 134(i)(2)(I)(iii) or section 
135(f)(10)(C) to— 
‘‘(I) improve the capacity or oper-
ation of such evacuation route through 
communications and intelligent trans-
portation system equipment and infra-
structure, counterflow measures, and 
shoulders; and 
‘‘(II) relocate such evacuation 
route or provide a reasonable alter-
native to such evacuation route to ad-
dress the risk of a covered event; 
‘‘(B) resilience planning activities, includ-
ing activities described in sections 134(i)(2)(I) 
and 135(f)(10) of this title and sections 
5303(i)(2)(I) and 5304(f)(10) of title 49; and 
‘‘(C) the development of projects and pro-
grams that help States, territories, and regions 
recover from covered events that significantly 
disrupt the transportation system, including— 
‘‘(i) predisaster training programs that 
help agencies and regional stakeholders plan 
for and prepare multimodal recovery efforts; 
and 
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‘‘(ii) the establishment of region-wide 
telework training and programs. 
‘‘(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). 
‘‘(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 in the long-term; 
‘‘(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, national security functions, or critical 
infrastructure; and 
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‘‘(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), flooding, and an extreme event or other natural 
disaster (including wildfires, seismic activity, and 
landslides). 
‘‘(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) PROJECTS IN FLOOD-PRONE AREAS.—Section 109 
of title 23, United States Code, is further amended by add-
ing at the end the following: 
‘‘(t) 
PROJECTS
IN
FLOOD-PRONE
AREAS.—For 
projects and actions that, in whole or in part, encroach 
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within the limits of a flood-prone area, the Secretary shall 
ensure that such projects and actions are— 
‘‘(1) designed and constructed in a way that 
takes into account, and mitigates where appropriate, 
flood risk by using hydrologic, hydraulic, and hydro-
dynamic data, methods, and analysis that integrate 
current and projected changes in flooding based on 
climate science over the anticipated service life of the 
asset and future forecasted land use changes; and 
‘‘(2) designed using analysis that considers the 
capital costs, risks, and other economic, engineering, 
social and environmental concerns of constructing a 
project in a flood-prone area.’’. 
(c) METROPOLITAN TRANSPORTATION PLANNING.— 
(1) AMENDMENTS TO TITLE 23.— 
(A) CLIMATE CHANGE AND RESILIENCE.— 
Section 134(i)(2) of title 23, United States Code, 
is amended by adding at the end the 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 
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292 
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 
‘‘(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 
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293 
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) at the discretion of the met-
ropolitan planning organization, iden-
tifies evacuation routes, assesses the 
ability of any such routes to provide 
safe passage for evacuation, access to 
health care and public health facilities, 
and emergency response during an 
emergency event, and identifies any 
improvements or redundant facilities 
necessary to adequately facilitate safe 
passage; 
‘‘(IV) describes the metropolitan 
planning 
organization’s 
adaptation 
and resilience improvement strategies 
that will inform the transportation in-
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vestment decisions of the metropolitan 
planning organization; and 
‘‘(V) is consistent with and com-
plementary of the State, Tribal, and 
local mitigation plans required under 
section 322 of the Robert T. Stafford 
Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5165). 
‘‘(iv) CONSULTATION.—The 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: 
‘‘(E) RESILIENCE
PROJECTS.—The TIP 
shall— 
‘‘(i) identify any projects that address 
the vulnerabilities identified by the assess-
ment in subsection (i)(2)(I)(iii); and 
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‘‘(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— 
‘‘(I) identify investments and 
strategies to reduce transportation-re-
lated sources of greenhouse gas emis-
sions per capita; 
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296 
‘‘(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 
23, and the State’s evaluation of rea-
sonable alternatives to repeatedly dam-
aged facilities conducted under part 
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667 of title 23, Code of Federal Regula-
tions; 
‘‘(III) at the discretion of the met-
ropolitan planning organization, iden-
tifies evacuation routes, assesses the 
ability of any such routes to provide 
safe passage for evacuation, access to 
health care and public health facilities, 
and emergency response during an 
emergency event, and identifies any 
improvements or redundant facilities 
necessary to 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, Tribal, and 
local mitigation plans required under 
section 322 of the Robert T. Stafford 
Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5165). 
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298 
‘‘(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 any projects that address 
the vulnerabilities identified by the assess-
ment in subsection (i)(2)(I)(iii); and 
‘‘(ii) describe how each project identi-
fied under clause (i) would improve the re-
silience of the transportation system.’’. 
(d) STATEWIDE AND NONMETROPOLITAN 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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299 
‘‘(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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300 
‘‘(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, access to 
health care and public health facilities, and 
emergency response during an emergency 
event, and identifies any improvements or 
redundant facilities necessary to adequately 
facilitate safe passage; 
‘‘(iv) describes the States’s adaptation 
and resilience improvement strategies that 
will inform the transportation investment 
decisions of the State; and 
‘‘(v) is consistent with and complemen-
tary of the State, Tribal, and local mitiga-
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301 
tion plans required under section 322 of the 
Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5165). 
‘‘(D) CONSULTATION.—The assessment de-
scribed in this paragraph shall be developed in 
consultation with, as appropriate, metropolitan 
planning organizations and 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.— 
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302 
(A) CLIMATE CHANGE AND RESILIENCE.— 
Section 5304(f) of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘(10) CLIMATE CHANGE AND RESILIENCE.— 
‘‘(A) IN
GENERAL.—The transportation 
planning process shall assess strategies to 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, 
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303 
transit-oriented development, and mixed use 
development. 
‘‘(C) 
VULNERABILITY
ASSESSMENT.—A 
long-range transportation plan shall incorporate 
a vulnerability assessment that— 
‘‘(i) includes a risk-based assessment of 
vulnerabilities of critical transportation 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, access to 
health care and public health facilities, and 
emergency response during an emergency 
event, and identifies any improvements or 
redundant facilities necessary to adequately 
facilitate safe passage; 
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304 
‘‘(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, Tribal, and local mitiga-
tion plans required under section 322 of the 
Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5165). 
‘‘(D) CONSULTATION.—The assessment de-
scribed in this paragraph shall be developed in 
consultation with, as appropriate, metropolitan 
planning organizations and 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 
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‘‘(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— 
(1) in subsection (a)(1) by inserting ‘‘wildfire,’’ 
after ‘‘severe storm,’’; 
(2) by striking subsection (b); 
(3) in subsection (c)(2)(A) by striking ‘‘in any 
1 fiscal year commencing after September 30, 1980,’’ 
and inserting ‘‘in any fiscal year’’; 
(4) in subsection (d)— 
(A) in paragraph (3)(C) by striking ‘‘(as 
defined in subsection (e)(1))’’; 
(B) by redesignating paragraph (3) as 
paragraph (4); and 
(C) by striking paragraphs (1) and (2) and 
inserting the following: 
‘‘(1) IN GENERAL.—The Secretary may expend 
funds from the emergency fund authorized by this sec-
tion only for the repair or reconstruction of highways 
on Federal-aid highways in accordance with this 
chapter. 
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‘‘(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 
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-
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fied betterments, including protective features to 
increase the resilience of the facility. 
‘‘(C) REPEATEDLY DAMAGED FACILITIES.— 
An application submitted under this section for 
the permanent repair or reconstruction of a re-
peatedly damaged facility shall include consider-
ation and, if feasible, incorporation of economi-
cally justifiable betterments, including protective 
features, to increase the resilience of such facil-
ity. 
‘‘(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 
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); 
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(B) in paragraph (2) by striking ‘‘sub-
section (d)(1)’’ and inserting ‘‘subsection (c)(1)’’; 
and 
(C) by redesignating paragraphs (2) and 
(3), as amended, as paragraphs (1) and (2), re-
spectively; 
(6) by redesignating subsections (c) through (g), 
as amended, as subsections (b) through (f), 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— 
‘‘(A) the date on which the Governor de-
clared the emergency, as described in subsection 
(c)(2)(A)(i); or 
‘‘(B) the date on which the President de-
clared the emergency to be a major disaster, as 
described in such subsection. 
‘‘(2) EXTENSION OF DEADLINE.—If the Secretary 
imposes a deadline for advancement to the construc-
tion obligation stage pursuant to paragraph (1), the 
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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) HAZARD MITIGATION PILOT PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
a hazard mitigation pilot program for the purpose of 
mitigating future hazards posed to Federal-aid high-
ways, Federal lands transportation facilities, and 
Tribal transportation facilities. 
‘‘(2) ALLOCATION OF FUNDS.— 
‘‘(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
such sums as may be necessary for the pilot pro-
gram established under this subsection. 
‘‘(B) CALCULATION.—Annually, the Sec-
retary shall calculate the total amount of out-
standing eligible repair costs under the emer-
gency relief program under this section, includ-
ing the emergency relief backlog, for each State, 
territory, and Indian Tribe. 
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‘‘(C) ALLOCATION.—Any amounts made 
available under this subsection shall be distrib-
uted to each State, territory, or Indian Tribe 
based on— 
‘‘(i) the ratio that the total amount of 
outstanding eligible repair costs for such 
State, territory, or Indian Tribe, as de-
scribed under subparagraph (B); bears to 
‘‘(ii) the total amount of outstanding 
eligible repair costs for all States, terri-
tories, and Indian Tribes, as described 
under subparagraph (B). 
‘‘(D) LIMITATION.—The allocation to a 
State, territory, or Indian Tribe described under 
subparagraph (C) shall not exceed 5 percent of 
the total amount of outstanding eligible repair 
costs under the emergency relief program for 
such State, territory, or Indian Tribe, as de-
scribed in subparagraph (B). 
‘‘(3) ELIGIBLE
ACTIVITIES.—Amounts made 
available under this subsection shall be used for pro-
tective features or other hazard mitigation activities 
that— 
‘‘(A) the Secretary determines are cost effec-
tive and that reduce the risk of, or increase the 
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311 
resilience to, future damage to existing assets as 
a result of natural disasters; and 
‘‘(B) are eligible under section 124. 
‘‘(4) REPORT.—For each fiscal year in which 
funding is made available for the program under this 
subsection, the Secretary shall submit to the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Envi-
ronment and Public Works of the Senate a report de-
tailing— 
‘‘(A) a description of the activities carried 
out under the pilot program; 
‘‘(B) an evaluation of the effectiveness of the 
pilot program in meeting purposes described in 
paragraph (1); and 
‘‘(C) policy recommendations to improve the 
effectiveness of the pilot program. 
‘‘(5) SUNSET.—The authority provided under 
this subsection shall terminate on October 1, 2025. 
‘‘(i) IMPROVING
THE
EMERGENCY
RELIEF
PRO-
GRAM.—Not later than 1 year after the date of enactment 
of the INVEST in America Act, the Secretary shall— 
‘‘(1) revise the emergency relief manual of the 
Federal Highway Administration— 
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‘‘(A) to include and reflect the definition of 
the term ‘resilience’ (as defined in section 
101(a)); 
‘‘(B) to identify procedures that States may 
use to incorporate resilience into emergency relief 
projects; and 
‘‘(C) to consider economically justified bet-
terments in emergency relief projects, such as— 
‘‘(i) protective features that increase 
the resilience of the facility; and 
‘‘(ii) incorporation of context sensitive 
design principles and other planned better-
ments that improve the safety of the facility; 
‘‘(2) consider transportation system access for 
moderate and low-income families impacted by a 
major disaster or emergency declared by the President 
under section 401 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 
5170); 
‘‘(3) develop best practices for improving the use 
of resilience in— 
‘‘(A) the emergency relief program under 
this section; and 
‘‘(B) emergency relief efforts; 
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‘‘(4) provide to division offices of the Federal 
Highway Administration and State departments of 
transportation information on the best practices de-
veloped under paragraph (2); and 
‘‘(5) develop and implement a process to track— 
‘‘(A) the consideration of resilience as part 
of the emergency relief program under this sec-
tion; and 
‘‘(B) the costs of emergency relief projects. 
‘‘(j) DEFINITIONS.—In this section: 
‘‘(1) COMPARABLE
FACILITY.—The term ‘com-
parable facility’ means a facility that meets the cur-
rent geometric and construction standards required 
for the types and volume of traffic that the facility 
will carry over its design life. 
‘‘(2) CONSTRUCTION
PHASE.—The term ‘con-
struction phase’ means the phase of physical 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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‘‘(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) CONFORMING AMENDMENTS.— 
(1) FEDERAL
LANDS
AND
TRIBAL
TRANSPOR-
TATION PROGRAMS.—Section 201(c)(8)(A) of title 23, 
United States Code, is amended by striking ‘‘section 
125(e)’’ and inserting ‘‘section 125(j)’’. 
(2) TRIBAL
TRANSPORTATION
PROGRAM.—Sec-
tion 202(b)(6)(A) of title 23, United States Code, is 
amended by striking ‘‘section 125(e)’’ and inserting 
‘‘section 125(d)’’. 
(c) REPEAL.—Section 668.105(h) of title 23, Code of 
Federal Regulations, is repealed. 
SEC. 1204. RAILWAY CROSSINGS. 
(a) IN GENERAL.—Section 130 of title 23, United 
States Code, is amended— 
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(1) in the section heading by striking ‘‘Rail-
way-highway crossings’’ and inserting ‘‘Rail-
way crossings’’; 
(2) in subsection (a)— 
(A) by striking ‘‘Subject to section 120 and 
subsection (b) of this section, the entire’’ and in-
serting ‘‘IN GENERAL.—The’’; 
(B) by striking ‘‘then the entire’’ and in-
serting ‘‘the’’; and 
(C) by striking ‘‘, subject to section 120 and 
subsection (b) of this section,’’; 
(3) by amending subsection (b) to read as fol-
lows: 
‘‘(b) CLASSIFICATION.— 
‘‘(1) IN GENERAL.—The construction of projects 
for the elimination of hazards at railway crossings 
represents a benefit to the railroad. The Secretary 
shall classify the various types of projects involved in 
the elimination of hazards of railway-highway cross-
ings, and shall set for each such classification a per-
centage of the total project cost that represent the ben-
efit to the railroad or railroads for the purpose of de-
termining the railroad’s share of the total project cost. 
The Secretary shall determine the appropriate classi-
fication of each project. 
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‘‘(2) NONCASH CONTRIBUTIONS.— 
‘‘(A) IN GENERAL.—Not more than 5 per-
cent of the cost share described in paragraph (1) 
may be attributable to noncash contributions of 
materials and labor furnished by the railroad in 
connection with the construction of such project. 
‘‘(B) 
REQUIREMENT.—The 
requirements 
under section 200.306 and 200.403(g) of title 2, 
Code of Federal Regulations (or successor regula-
tions), shall apply to any noncash contributions 
under this subsection. 
‘‘(3) TOTAL PROJECT COST.—For the purposes of 
this subsection, the determination of the railroad’s 
share of the total project cost shall include environ-
ment, design, right-of-way, utility accommodation, 
and construction phases of the project.’’; 
(4) in subsection (c)— 
(A) by striking ‘‘Any railroad involved’’ 
and inserting ‘‘BENEFIT.—Any railroad in-
volved’’; 
(B) by striking ‘‘the net benefit’’ and insert-
ing ‘‘the cost associated with the benefit’’; and 
(C) by striking ‘‘Such payment may consist 
in whole or in part of materials and labor fur-
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nished by the railroad in connection with the 
construction of such project.’’; 
(5) by striking subsection (e) and inserting the 
following: 
‘‘(e) RAILWAY CROSSINGS.— 
‘‘(1) ELIGIBLE ACTIVITIES.—Funds apportioned 
to a State under section 104(b)(7) may be obligated 
for the following: 
‘‘(A) The elimination of hazards at rail-
way-highway crossings, including technology or 
protective upgrades. 
‘‘(B) Construction or installation of protec-
tive devices (including replacement of function-
ally obsolete protective devices) at railway-high-
way crossings. 
‘‘(C) Infrastructure and noninfrastructure 
projects and strategies to prevent or reduce sui-
cide or trespasser fatalities and injuries along 
railroad rights-of-way and at or near railway- 
highway crossings. 
‘‘(D) Projects to mitigate any degradation 
in the level of access from a highway-grade cross-
ing closure. 
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‘‘(E) Bicycle and pedestrian railway grade 
crossing improvements, including underpasses 
and overpasses. 
‘‘(F) 
Projects 
eligible 
under 
section 
22907(c)(5) of title 49, provided that amounts 
obligated under this subparagraph— 
‘‘(i) shall be administered by the Sec-
retary in accordance with such section as if 
such amounts were made available to carry 
out such section; and 
‘‘(ii) may be used to pay up to 90 per-
cent of the non-Federal share of the cost of 
a project carried out under such section. 
‘‘(2) SPECIAL RULE.—If a State demonstrates to 
the satisfaction of the Secretary that the State has 
met all its needs for installation of protective devices 
at railway-highway crossings, the State may use 
funds made available by this section for other high-
way safety improvement program purposes.’’; 
(6) by striking subsection (f) and inserting the 
following: 
‘‘(f) FEDERAL SHARE.—Notwithstanding section 120, 
the Federal share payable on account of any project fi-
nanced with funds made available to carry out subsection 
(e) shall be up to 90 percent of the cost thereof.’’; 
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(7) by striking subsection (g) and inserting the 
following: 
‘‘(g) REPORT.— 
‘‘(1) STATE REPORT.— 
‘‘(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of the INVEST in 
America Act, and at least biennially thereafter, 
each State shall submit to the Secretary a report 
on the progress being made to implement the 
railway crossings program authorized by this 
section and the effectiveness of projects to im-
prove railway crossing safety. 
‘‘(B) CONTENTS.—Each State report under 
subparagraph (A) shall contain an assessment of 
the costs of the various treatments employed and 
subsequent accident experience at improved loca-
tions. 
‘‘(2) DEPARTMENTAL REPORT.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the deadline for the submission of a 
report under paragraph (1)(A), the Secretary 
shall publish on the website of the Department of 
Transportation a report on the progress being 
made by the State in implementing projects to 
improve railway crossings. 
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‘‘(B) CONTENTS.—The report under sub-
paragraph (A) shall include— 
‘‘(i) the number of projects undertaken; 
‘‘(ii) distribution of such projects by 
cost range, road system, nature of treat-
ment, and subsequent accident experience at 
improved locations; 
‘‘(iii) an analysis and evaluation of 
each State program; 
‘‘(iv) the identification of any State 
found not to be in compliance with the 
schedule of improvements required by sub-
section (d); and 
‘‘(v) recommendations for future imple-
mentation of the railway crossings pro-
gram.’’; 
(8) in subsection (j)— 
(A) in the heading by inserting ‘‘AND PE-
DESTRIAN’’ after ‘‘BICYCLE’’; and 
(B) by inserting ‘‘and pedestrian’’ after ‘‘bi-
cycle’’; and 
(9) in subsection (l)— 
(A) in paragraph (1) by striking ‘‘Not later 
than’’ and all that follows through ‘‘each State’’ 
and inserting ‘‘Not later than 6 months after a 
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321 
new railway crossing becomes operational, each 
State’’; and 
(B) in paragraph (2) by striking ‘‘On a 
periodic’’ and all that follows through ‘‘every 
year thereafter’’ and inserting ‘‘On or before 
September 30 of each year’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
1 of title 23, United States Code, is amended by amending 
the item relating to section 130 to read as follows: 
‘‘130. Railway crossings.’’. 
(c) GAO STUDY.—Not later than 2 years after the date 
of enactment of this Act, the Comptroller General of the 
United States shall submit to Congress a report that in-
cludes an analysis of the effectiveness of the railway cross-
ing program under section 130 of title 23, United States 
Code. 
(d) SENSE OF CONGRESS RELATING TO TRESPASSER 
DEATHS ALONG RAILROAD RIGHTS-OF-WAY.—It is the 
sense of Congress that the Department of Transportation 
should, where feasible, coordinate departmental efforts to 
prevent or reduce trespasser deaths along railroad rights- 
of-way and at or near railway-highway crossings. 
SEC. 1205. SURFACE TRANSPORTATION PROGRAM. 
(a) IN GENERAL.—Section 133 of title 23, United 
States Code, is amended— 
(1) in the heading by striking ‘‘block grant’’; 
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322 
(2) in subsection (a) by striking ‘‘block grant’’; 
(3) in subsection (b)— 
(A) by striking ‘‘block grant’’; 
(B) in paragraph (1)(B) by inserting ‘‘, ex-
cept that for the purposes of this section hover-
craft and terminal facilities for hovercraft engag-
ing in water transit for passengers or vehicles 
shall be considered ferry boats and ferry ter-
minal facilities eligible under section 129(c)’’ 
after ‘‘section 129(c)’’; 
(C) in paragraph (4) by striking ‘‘railway- 
highway grade crossings’’ and inserting ‘‘projects 
eligible under section 130 and installation of 
safety barriers and nets on bridges’’; 
(D) in paragraph (6)— 
(i) by striking ‘‘Recreational’’ and in-
serting 
‘‘Transportation 
alternatives 
projects eligible under subsection (h), rec-
reational’’; and 
(ii) by striking ‘‘1404 of SAFETEA– 
LU (23 U.S.C. 402 note)’’ and inserting 
‘‘211’’; 
(E) in paragraph (12) by striking ‘‘travel’’ 
and inserting ‘‘transportation’’; and 
(F) by adding at the end the following: 
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323 
‘‘(16) Protective features (including natural in-
frastructure and vegetation control and clearance) to 
enhance the resilience of a transportation facility oth-
erwise eligible for assistance under this section. 
‘‘(17) Projects to reduce greenhouse gas emissions 
eligible under section 171, including the installation 
of electric vehicle charging infrastructure. 
‘‘(18) Projects and strategies to reduce vehicle- 
caused wildlife mortality related to, or to restore and 
maintain connectivity among terrestrial or aquatic 
habitats affected by, a transportation facility other-
wise eligible for assistance under this section. 
‘‘(19) A surface transportation project carried 
out in accordance with the national travel and tour-
ism infrastructure strategic plan under section 
1431(e) of the FAST Act (49 U.S.C. 301 note). 
‘‘(20) roads in rural areas that primarily serve 
to transport agricultural products from a farm or 
ranch to a marketplace. 
‘‘(21) The removal, retrofit, repurposing, remedi-
ation, or replacement of a highway or other transpor-
tation facility that creates a barrier to community 
connectivity to improve access for multiple modes of 
transportation.’’; 
(4) in subsection (c)— 
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(A) by striking ‘‘block grant’’ and inserting 
‘‘program’’; 
(B) by striking paragraph (3) and inserting 
the following: 
‘‘(3) for a project described in— 
‘‘(A) subsection (h); or 
‘‘(B) section 101(a)(29), as in effect on the 
day before the date of enactment of the FAST 
Act;’’; 
(C) by redesignating paragraph (4) as 
paragraph (5); and 
(D) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) for a project described in section 5308 of 
title 49; and’’; 
(5) in subsection (d)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘each fiscal year’’ after 
‘‘apportioned to a State’’; 
(ii) by striking ‘‘the reservation of’’ 
and inserting ‘‘setting aside’’; and 
(iii) in subparagraph (A)— 
(I) by striking ‘‘the percentage 
specified in paragraph (6) for a fiscal 
year’’ and inserting ‘‘57 percent for 
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325 
fiscal year 2023, 58 percent for fiscal 
year 2024, 59 percent for fiscal year 
2025, and 60 percent for fiscal year 
2026’’; 
(II) in clause (i) by striking ‘‘of 
over’’ and inserting ‘‘greater than’’; 
and 
(III) by striking clauses (ii) and 
(iii) and inserting the following: 
‘‘(ii) in urbanized areas of the State 
with an urbanized area population greater 
than 49,999 and less than 200,001; 
‘‘(iii) in urban areas of the State with 
a population greater than 4,999 and less 
than 50,000; and 
‘‘(iv) in other areas of the State with 
a population less than 5,000; and’’; 
(B) by striking paragraph (3) and inserting 
the following: 
‘‘(3) LOCAL
COORDINATION
AND
CONSULTA-
TION.— 
‘‘(A) COORDINATION
WITH
METROPOLITAN 
PLANNING
ORGANIZATIONS.—For purposes of 
paragraph (1)(A)(ii), a State shall— 
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‘‘(i) establish a process to coordinate 
with all metropolitan planning organiza-
tions in the State that represent an urban-
ized area described in such paragraph; and 
‘‘(ii) describe how funds described 
under paragraph (1)(A)(ii) will be allocated 
equitably among such urbanized areas dur-
ing the period of fiscal years 2023 through 
2026. 
‘‘(B) JOINT RESPONSIBILITY.—Each State 
and the Secretary shall jointly ensure compli-
ance with subparagraph (A). 
‘‘(C) 
CONSULTATION
WITH
REGIONAL 
TRANSPORTATION
PLANNING
ORGANIZATIONS.— 
For purposes of clauses (iii) and (iv) of para-
graph (1)(A), before obligating funding attrib-
uted to an area with a population less than 
50,000, a State shall consult with the regional 
transportation planning organizations that rep-
resent the area, if any.’’; 
(C) in the heading for paragraph (4) by 
striking ‘‘OVER 200,000’’ and inserting ‘‘GREATER 
THAN 200,000’’; 
(D) by striking paragraph (6) and insert-
ing the following: 
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‘‘(6) TECHNICAL ASSISTANCE.— 
‘‘(A) IN GENERAL.—The State and all met-
ropolitan planning organizations in the State 
that represent an urbanized area with a popu-
lation of greater than 200,000 may jointly estab-
lish a program to improve the ability of appli-
cants to deliver projects under this subsection in 
an efficient and expeditious manner and reduce 
the period of time between the selection of the 
project and the obligation of funds for the project 
by providing— 
‘‘(i) technical assistance and training 
to applicants for projects under this sub-
section; and 
‘‘(ii) funding for one or more full-time 
State, regional, or local government em-
ployee positions to administer this sub-
section. 
‘‘(B) ELIGIBLE FUNDS.—To carry out this 
paragraph, a State or metropolitan planning or-
ganization may use funds made available under 
paragraphs (2) or (6) of section 104(b) 
‘‘(C) USE OF FUNDS.—Amounts used under 
this paragraph may be expended— 
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‘‘(i) directly by the State or metropoli-
tan planning organization; or 
‘‘(ii) through contracts with State 
agencies, private entities, or nonprofit orga-
nizations.’’; 
(6) in subsection (e)— 
(A) in paragraph (1)— 
(i) by striking ‘‘over 200,000’’ and in-
serting ‘‘greater than 200,000’’; and 
(ii) by striking ‘‘2016 through 2020’’ 
and inserting ‘‘2023 through 2026’’; and 
(B) by adding at the end the following: 
‘‘(3) ANNUAL
AMOUNTS.—To the extent prac-
ticable, each State shall annually notify each affected 
metropolitan planning organization as to the amount 
of obligation authority that will be made available 
under paragraph (1) to each affected metropolitan 
planning organization for the fiscal year.’’; 
(7) by striking subsection (f) and inserting the 
following: 
‘‘(f) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.— 
‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In 
this subsection, the term ‘off-system bridge’ means a 
bridge located on a public road, other than a bridge 
on a Federal-aid highway. 
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329 
‘‘(2) SPECIAL RULE.— 
‘‘(A) SET ASIDE.—Of the amounts appor-
tioned to a State for each fiscal year under this 
section other than the amounts described in sub-
paragraph (C), the State shall obligate for ac-
tivities described in subsection (b)(2) (as in effect 
on the day before the date of enactment of the 
FAST Act) for off-system bridges an amount 
that is not less than 20 percent of the amounts 
available to such State under this section in fis-
cal year 2020, not including the amounts de-
scribed in subparagraph (C). 
‘‘(B) REDUCTION OF EXPENDITURES.—The 
Secretary, after consultation with State and 
local officials, may reduce the requirement for 
expenditures for off-system bridges under sub-
paragraph (A) with respect to the State if the 
Secretary determines that the State has inad-
equate needs to justify the expenditure. 
‘‘(C) LIMITATIONS.—The following amounts 
shall not be used for the purposes of meeting the 
requirements of subparagraph (A): 
‘‘(i) Amounts described in section 
133(d)(1)(A). 
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330 
‘‘(ii) Amounts set aside under section 
133(h). 
‘‘(iii) Amounts described in section 
505(a). 
‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL-AID 
HIGHWAYS.—Notwithstanding any other provision of 
law, with respect to any project not on a Federal-aid 
highway for the replacement of a bridge or rehabilita-
tion of a bridge that is wholly funded from State and 
local sources, is eligible for Federal funds under this 
section, is certified by the State to have been carried 
out in accordance with all standards applicable to 
such projects under this section, and is determined by 
the Secretary upon completion to be no longer a defi-
cient bridge— 
‘‘(A) any amount expended after the date of 
enactment of this subsection from State and local 
sources for the project in excess of 20 percent of 
the cost of construction of the project may be 
credited to the non-Federal share of the cost of 
other bridge projects in the State that are eligible 
for Federal funds under this section; and 
‘‘(B) that crediting shall be conducted in ac-
cordance with procedures established by the Sec-
retary.’’; and 
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331 
(8) in subsection (g)— 
(A) in the heading by striking ‘‘5,000’’ and 
inserting ‘‘50,000’’; and 
(B) in paragraph (1) by striking ‘‘sub-
section (d)(1)(A)(ii)’’ and all that follows 
through the period at the end and inserting 
‘‘clauses (iii) and (iv) of subsection (d)(1)(A) for 
each fiscal year may be obligated on roads func-
tionally classified as rural minor collectors or 
local roads or on critical rural freight corridors 
designated under section 167(e).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
1 of title 23, United States Code, is amended by striking 
the item relating to section 133 and inserting the following: 
‘‘133. Surface transportation program.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) ADVANCE
ACQUISITION
OF
REAL
PROP-
ERTY.—Section 108(c) of title 23, United States Code, 
is amended— 
(A) in paragraph (2)(A) by striking ‘‘block 
grant’’; and 
(B) in paragraph (3) by striking ‘‘block 
grant’’. 
(2) 
PUBLIC
TRANSPORTATION.—Section 
142(e)(2) of title 23, United States Code, is amended 
by striking ‘‘block grant’’. 
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332 
(3) HIGHWAY
USE
TAX
EVASION
PROJECTS.— 
Section 143(b)(8) of title 23, United States Code, is 
amended in the heading by striking ‘‘BLOCK GRANT’’. 
(4) CONGESTION MITIGATION AND AIR QUALITY 
IMPROVEMENT PROGRAM.—Section 149(d) of title 23, 
United States Code, is amended— 
(A) in paragraph (1)(B) by striking ‘‘block 
grant’’; and 
(B) in paragraph (2)(A) by striking ‘‘block 
grant’’. 
(5) TERRITORIAL AND PUERTO RICO HIGHWAY 
PROGRAM.—Section 165 of title 23, United States 
Code, is amended— 
(A) in subsection (b)(2)(A)(ii) by striking 
‘‘block grant’’ each time such term appears; and 
(B) in subsection (c)(6)(A)(i) by striking 
‘‘block grant’’. 
(6) MAGNETIC
LEVITATION
TRANSPORTATION 
TECHNOLOGY
DEPLOYMENT
PROGRAM.—Section 
322(h)(3) of title 23, United States Code, is amended 
by striking ‘‘block grant’’. 
(7) 
TRAINING
AND
EDUCATION.—Section 
504(a)(4) of title 23, United States Code, is amended 
by striking ‘‘block grant’’. 
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‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), funds set aside for a State 
under paragraph (1) shall be obligated within 
that State in the manner described in subsections 
(d) and (e), except that, for purposes of this 
paragraph (after funds are made available under 
paragraph (5))— 
‘‘(i) for each fiscal year, the percentage 
referred to in paragraph (1)(A) of sub-
section (d) shall be deemed to be 66 percent; 
and 
‘‘(ii) paragraph (3) of subsection (d) 
shall not apply. 
‘‘(B) LOCAL CONTROL.— 
‘‘(i) IN GENERAL.—A State may make 
available up to 100 percent of the funds set 
aside under paragraph (1) to the entities 
described in subclause (I) if the State sub-
mits to the Secretary, and the Secretary ap-
proves, a plan that describes— 
‘‘(I) how such funds shall be made 
available to metropolitan planning or-
ganizations, regional transportation 
planning organizations, counties, or 
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other regional transportation authori-
ties; 
‘‘(II) how the entities described in 
subclause (I) shall select projects for 
funding and how such entities shall re-
port selected projects to the State; 
‘‘(III) the legal, financial, and 
technical capacity of such entities; and 
‘‘(IV) the procedures in place to 
ensure such entities comply with the 
requirements of this title. 
‘‘(ii) REQUIREMENT.—A State that 
makes funding available under a plan ap-
proved under this subparagraph shall make 
available an equivalent amount of obliga-
tion authority to an entity described in 
clause (i)(I) to whom funds are made avail-
able under this subparagraph. 
‘‘(3) ELIGIBLE
PROJECTS.—Funds set aside 
under this subsection may be obligated for any of the 
following projects or activities: 
‘‘(A) Construction, planning, and design of 
on-road and off-road trail facilities for pedes-
trians, bicyclists, and other nonmotorized forms 
of transportation, including sidewalks, bicycle 
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infrastructure, pedestrian and bicycle signals, 
traffic calming techniques, lighting and other 
safety-related infrastructure, and transportation 
projects to achieve compliance with the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.). 
‘‘(B) Construction, planning, and design of 
infrastructure-related projects and systems that 
will provide safe routes for nondrivers, including 
children, older adults, and individuals with dis-
abilities to access daily needs. 
‘‘(C) Conversion and use of abandoned rail-
road 
corridors 
for 
trails 
for 
pedestrians, 
bicyclists, or other nonmotorized transportation 
users. 
‘‘(D) Construction of turnouts, overlooks, 
and viewing areas. 
‘‘(E) Community improvement activities, 
including— 
‘‘(i) inventory, control, or removal of 
outdoor advertising; 
‘‘(ii) historic preservation and reha-
bilitation of historic transportation facili-
ties; 
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‘‘(iii) vegetation management practices 
in transportation rights-of-way to improve 
roadway safety, prevent against invasive 
species, facilitate wildfire control, and pro-
vide erosion control; and 
‘‘(iv) archaeological activities relating 
to impacts from implementation of a trans-
portation project eligible under this title. 
‘‘(F) Any environmental mitigation activ-
ity, including pollution prevention and pollution 
abatement activities and mitigation to address 
stormwater management, control, and water pol-
lution prevention or abatement related to high-
way construction or due to highway runoff, in-
cluding activities described in sections 328(a) 
and 329. 
‘‘(G) 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 subsection. 
‘‘(H) The recreational trails program under 
section 206. 
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‘‘(I) The safe routes to school program 
under section 211. 
‘‘(J) Activities in furtherance of a vulner-
able road user assessment described in section 
148. 
‘‘(K) Any other projects or activities de-
scribed in section 101(a)(29) or section 213, as 
such sections were in effect on the day before the 
date of enactment of the FAST Act (Public Law 
114–94). 
‘‘(4) ACCESS TO FUNDS.— 
‘‘(A) IN GENERAL.—A State, metropolitan 
planning organization required to obligate funds 
in accordance with paragraph (2)(A), or an en-
tity required to obligate funds in accordance 
with paragraph (2)(B) shall develop a competi-
tive process to allow eligible entities to submit 
projects for funding that achieve the objectives of 
this subsection. A metropolitan planning organi-
zation for an area described in subsection 
(d)(1)(A)(i) shall select projects under such proc-
ess in consultation with the relevant State. 
‘‘(B) PRIORITY.—The processes described in 
subparagraph (A) shall prioritize project loca-
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tion and impact in low-income, transit-depend-
ent, or other high-need areas. 
‘‘(C) ELIGIBLE ENTITY DEFINED.—In this 
paragraph, the term ‘eligible entity’ means— 
‘‘(i) a local government, including a 
county or multi-county special district; 
‘‘(ii) a regional transportation author-
ity; 
‘‘(iii) a transit agency; 
‘‘(iv) a natural resource or public land 
agency; 
‘‘(v) a school district, local education 
agency, or school; 
‘‘(vi) a tribal government; 
‘‘(vii) a metropolitan planning organi-
zation that serves an urbanized area with a 
population of 200,000 or fewer; 
‘‘(viii) a nonprofit organization car-
rying out activities related to transpor-
tation; 
‘‘(ix) any other local or regional gov-
ernmental entity with responsibility for or 
oversight of transportation or recreational 
trails (other than a metropolitan planning 
organization that serves an urbanized area 
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with a population of over 200,000 or a 
State agency) that the State determines to 
be eligible, consistent with the goals of this 
subsection; and 
‘‘(x) a State, at the request of any enti-
ty listed in clauses (i) through (ix). 
‘‘(5) CONTINUATION OF CERTAIN RECREATIONAL 
TRAILS PROJECTS.— 
‘‘(A) IN GENERAL.—For each fiscal year, a 
State shall— 
‘‘(i) obligate an amount of funds set 
aside under this subsection equal to 175 
percent of the amount of the funds appor-
tioned to the State for fiscal year 2009 
under section 104(h)(2), as in effect on the 
day before the date of enactment of MAP– 
21, for projects relating to recreational 
trails under section 206; 
‘‘(ii) return 1 percent of the funds de-
scribed in clause (i) to the Secretary for the 
administration of such program; and 
‘‘(iii) comply with the provisions of the 
administration of the recreational trails 
program under section 206, including the 
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use of apportioned funds described in sub-
section (d)(3)(A) of such section. 
‘‘(B) STATE
FLEXIBILITY.—A State may 
opt out of the recreational trails program under 
this paragraph if the Governor of the State noti-
fies the Secretary not later than 30 days prior 
to the date on which an apportionment is made 
under section 104 for any fiscal year. 
‘‘(6) 
IMPROVING
ACCESSIBILITY
AND
EFFI-
CIENCY.— 
‘‘(A) IN GENERAL.—A State may use an 
amount equal to not more than 5 percent of the 
funds set aside for the State under this sub-
section, after allocating funds in accordance with 
paragraph (2)(A), to improve the ability of ap-
plicants to access funding for projects under this 
subsection in an efficient and expeditious man-
ner by providing— 
‘‘(i) to applicants for projects under 
this subsection application assistance, tech-
nical assistance, and assistance in reducing 
the period of time between the selection of 
the project and the obligation of funds for 
the project; and 
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‘‘(ii) funding for one or more full-time 
State employee positions to administer this 
subsection. 
‘‘(B) USE OF FUNDS.—Amounts used under 
subparagraph (A) may be expended— 
‘‘(i) directly by the State; or 
‘‘(ii) through contracts with State 
agencies, private entities, or nonprofit enti-
ties. 
‘‘(C) IMPROVING PROJECT DELIVERY.— 
‘‘(i) IN GENERAL.—The Secretary shall 
take such action as may be necessary, con-
sistent with Federal requirements, to facili-
tate efficient and timely delivery of projects 
under this subsection that are small, low 
impact, and constructed within an existing 
built environment. 
‘‘(ii) CONSIDERATIONS.—The Secretary 
shall consider the use of programmatic 
agreements, expedited or alternative pro-
curement processes (including project bun-
dling), and other effective practices to facili-
tate the goals of this paragraph. 
‘‘(7) FEDERAL SHARE.— 
‘‘(A) FLEXIBLE MATCH.— 
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‘‘(i) IN
GENERAL.—Notwithstanding 
section 120— 
‘‘(I) the non-Federal share for a 
project under this subsection may be 
calculated on a project, multiple- 
project, or program basis; and 
‘‘(II) the Federal share of the cost 
of an individual project in this sub-
section may be up to 100 percent. 
‘‘(ii) 
AGGREGATE
NON-FEDERAL 
SHARE.—The average annual non-Federal 
share of the total cost of all projects for 
which funds are obligated under this sub-
section in a State for a fiscal year shall be 
not less than the non-Federal share author-
ized for the State under section 120. 
‘‘(iii) REQUIREMENT.—This subpara-
graph shall only apply to a State if such 
State has adequate financial controls, as 
certified by the Secretary, to account for the 
average annual non-Federal share under 
this subparagraph. 
‘‘(B) SAFETY PROJECTS.—Notwithstanding 
section 120, funds made available to carry out 
section 148 may be credited toward the non-Fed-
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eral share of the costs of a project under this sub-
section if the project— 
‘‘(i) is a project described in section 
148(e)(1); and 
‘‘(ii) is consistent with the State stra-
tegic highway safety plan (as defined in sec-
tion 148(a)). 
‘‘(8) FLEXIBILITY.— 
‘‘(A) STATE AUTHORITY.— 
‘‘(i) IN GENERAL.—A State may use 
not more than 50 percent of the funds set 
aside under this subsection that are avail-
able for obligation in any area of the State 
(suballocated consistent with the require-
ments of subsection (d)(1)(B)) for any pur-
pose eligible under subsection (b). 
‘‘(ii) RESTRICTION.—Funds may be 
used as described in clause (i) only if the 
State demonstrates to the Secretary— 
‘‘(I) that the State held a competi-
tion in compliance with the require-
ments of this subsection in such form 
as the Secretary determines appro-
priate; 
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‘‘(II) that the State offered tech-
nical assistance to all eligible entities 
and provided such assistance upon re-
quest by an eligible entity; and 
‘‘(III) that there were not suffi-
cient suitable applications from eligible 
entities to use the funds described in 
clause (i). 
‘‘(B) MPO AUTHORITY.— 
‘‘(i) IN
GENERAL.—A metropolitan 
planning organization that represents an 
urbanized area with a population of greater 
than 200,000 may use not more than 50 
percent of the funds set aside under this 
subsection for an urbanized area described 
in subsection (d)(1)(A)(i) for any purpose 
eligible under subsection (b). 
‘‘(ii) RESTRICTION.—Funds may be 
used as described in clause (i) only if the 
Secretary certifies that the metropolitan 
planning organization— 
‘‘(I) held a competition in compli-
ance with the requirements of this sub-
section in such form as the Secretary 
determines appropriate; and 
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‘‘(II) demonstrates that there were 
not sufficient suitable applications 
from eligible entities to use the funds 
described in clause (i). 
‘‘(9) ANNUAL REPORTS.— 
‘‘(A) IN GENERAL.—Each State or metro-
politan planning organization responsible for 
carrying out the requirements of this subsection 
shall submit to the Secretary an annual report 
that describes— 
‘‘(i) the number of project applications 
received for each fiscal year, including— 
‘‘(I) the aggregate cost of the 
projects for which applications are re-
ceived; and 
‘‘(II) the types of projects by eligi-
bility category to be carried out, ex-
pressed as percentages of the total ap-
portionment of the State under this 
subsection; and 
‘‘(ii) the list of each project selected for 
funding for each fiscal year, including 
specifying the fiscal year for which the 
project was selected, the fiscal year in which 
the project is anticipated to be funded, the 
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recipient, the funding sources (including 
non-Federal match), the project status, the 
specific location, the congressional district, 
the type by eligibility category, and a brief 
description. 
‘‘(B) PUBLIC AVAILABILITY.—The Secretary 
shall make available to the public, in a user- 
friendly format on the website of the Department 
of Transportation, a copy of each annual report 
submitted under subparagraph (A).’’. 
SEC. 1207. BRIDGE INVESTMENT. 
(a) IN GENERAL.—Section 144 of title 23, United 
States Code, is amended— 
(1) in the section heading by striking ‘‘Na-
tional bridge and tunnel inventory and 
inspection standards’’ and inserting ‘‘Bridges 
and tunnels’’; 
(2) in subsection (a)(1)(B) by striking ‘‘defi-
cient’’; 
(3) in subsection (b)(5) by striking ‘‘structurally 
deficient bridge’’ and inserting ‘‘bridge classified as 
in poor condition’’; 
(4) in subsection (d)— 
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(A) in paragraph (2) by striking ‘‘Not later 
than 2 years after the date of enactment of the 
MAP–21, each’’ and inserting ‘‘Each’’; and 
(B) by striking paragraph (4); 
(5) in subsection (j)— 
(A) in paragraph (2) by inserting ‘‘, 124,’’ 
after ‘‘section 119’’; 
(B) in paragraph (3)(A) by inserting ‘‘, 
124,’’ after ‘‘section 119’’; and 
(C) in paragraph (5) by striking ‘‘financial 
characteristics’’ and all that follows through the 
end and inserting ‘‘Federal share.’’; and 
(6) by adding at the end the following: 
‘‘(l) HIGHWAY BRIDGE REPLACEMENT AND REHABILI-
TATION.— 
‘‘(1) GOALS.—The goals of this subsection shall 
be to— 
‘‘(A) support the achievement of a state of 
good repair for the Nation’s bridges; 
‘‘(B) improve the safety, efficiency, and reli-
ability of the movement of people and freight 
over bridges; and 
‘‘(C) improve the condition of bridges in the 
United States by reducing— 
‘‘(i) the number of bridges— 
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‘‘(I) in poor condition; or 
‘‘(II) in fair condition and at risk 
of falling into poor condition; 
‘‘(ii) the total person miles traveled 
over bridges— 
‘‘(I) in poor condition; or 
‘‘(II) in fair condition and at risk 
of falling into poor condition; 
‘‘(iii) the number of bridges that— 
‘‘(I) do not meet current geometric 
design standards; or 
‘‘(II) cannot meet the load and 
traffic requirements typical of the re-
gional transportation network; and 
‘‘(iv) the total person miles traveled 
over bridges that— 
‘‘(I) do not meet current geometric 
design standards; or 
‘‘(II) cannot meet the load and 
traffic requirements typical of the re-
gional transportation network. 
‘‘(2) BRIDGES ON PUBLIC ROADS.— 
‘‘(A) MINIMUM BRIDGE INVESTMENT.—Ex-
cluding the amounts described in subparagraph 
(C), of the total funds apportioned to a State 
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under paragraphs (1) and (2) of section 104(b) 
for fiscal years 2023 to 2026, a State shall obli-
gate not less than 20 percent for projects de-
scribed in subparagraph (E). 
‘‘(B) PROGRAM FLEXIBILITY.—A State re-
quired to obligate funds under subparagraph (A) 
may use any combination of funds apportioned 
to a State under paragraphs (1) and (2) of sec-
tion 104(b). 
‘‘(C) 
LIMITATION.—Amounts 
described 
below may not be used for the purposes of calcu-
lating or meeting the minimum bridge invest-
ment requirement under subparagraph (A)— 
‘‘(i) amounts described in section 
133(d)(1)(A); 
‘‘(ii) amounts set aside under section 
133(h); and 
‘‘(iii) amounts described in section 
505(a). 
‘‘(D) RULE OF CONSTRUCTION.—Nothing in 
this section shall be construed to prohibit the ex-
penditure of funds described in subparagraph 
(C) for bridge projects eligible under such sec-
tion. 
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‘‘(E) ELIGIBLE PROJECTS.—Funds required 
to be obligated in accordance with paragraph 
(2)(A) may be obligated for projects or activities 
that— 
‘‘(i) are otherwise eligible under either 
section 119 or section 133, as applicable; 
‘‘(ii) support the achievement of per-
formance targets of the State established 
under section 150, are consistent with the 
transportation asset management plan of 
the State, or provide support for the condi-
tion and performance of bridges on public 
roads within the State; and 
‘‘(iii) remove, replace, reconstruct, re-
habilitate, preserve, or protect a bridge in-
cluded on the national bridge inventory au-
thorized 
by 
subsection 
(b), 
including 
through— 
‘‘(I) seismic retrofits; 
‘‘(II) systematic preventive main-
tenance; 
‘‘(III) installation of scour coun-
termeasures; 
‘‘(IV) the use of innovative mate-
rials that extend the service life of the 
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bridge and reduce preservation costs, 
as compared to conventionally designed 
and constructed bridges; 
‘‘(V) the use of nontraditional 
production techniques, including fac-
tory prefabrication; 
‘‘(VI) painting for purposes of 
bridge protection; 
‘‘(VII) application of calcium 
magnesium acetate, sodium acetate/for-
mate, or other environmentally accept-
able, minimally corrosive anti-icing 
and deicing compositions; 
‘‘(VIII) corrosion control; 
‘‘(IX) construction of protective 
features (including natural infrastruc-
ture) alone or in combination with 
other activities eligible under this 
paragraph to enhance resilience of a 
bridge; 
‘‘(X) 
bridge 
security 
counter-
measures; 
‘‘(XI) impact protection measures 
for bridges; 
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‘‘(XII) inspection and evaluation 
of bridges; 
‘‘(XIII) training for bridge in-
spectors consistent with subsection (i); 
and 
‘‘(XIV) removal of a bridge classi-
fied as in poor condition in order to 
improve community connectivity. 
‘‘(F) BUNDLES
OF
PROJECTS.—A State 
may use a bundle of projects as described in sub-
section (j) to satisfy the requirements of subpara-
graph (A), if each project in the bundle is other-
wise eligible under subparagraph (E). 
‘‘(G) FLEXIBILITY.—The Secretary may, at 
the request of a State, reduce the required obliga-
tion under subparagraph (A) if— 
‘‘(i) the reduction is consistent with a 
State’s asset management plan for the Na-
tional Highway System; 
‘‘(ii) the reduction will not limit a 
State’s ability to meet its performance tar-
gets under section 150 or to improve the 
condition and performance of bridges on 
public roads within the State; and 
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‘‘(iii) the State demonstrates that it 
has inadequate needs to justify the expendi-
ture. 
‘‘(H) BRIDGE
INVESTMENT
REPORT.—The 
Secretary shall annually publish on the website 
of the Department of Transportation a bridge in-
vestment report that includes— 
‘‘(i) the total Federal funding obligated 
for bridge projects in the most recent fiscal 
year, on a State-by-State basis and broken 
out by Federal program; 
‘‘(ii) the total Federal funding obli-
gated, on a State-by-State basis and broken 
out by Federal program, for bridge projects 
carried out pursuant to the minimum 
bridge investment requirements under sub-
paragraph (A); 
‘‘(iii) the progress made by each State 
toward meeting the minimum bridge invest-
ment requirement under subparagraph (A) 
for such State, both cumulatively and for 
the most recent fiscal year; 
‘‘(iv) a summary of— 
‘‘(I) each request made under sub-
paragraph (G) by a State for a reduc-
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tion in the minimum bridge invest-
ment requirement under subparagraph 
(A); and 
‘‘(II) for each request described in 
subclause (I) that is granted by the 
Secretary— 
‘‘(aa) the percentage and dol-
lar amount of the reduction; and 
‘‘(bb) an explanation of how 
the State met each of the criteria 
described in subparagraph (G); 
and 
‘‘(v) a summary of— 
‘‘(I) each request made by a State 
for a reduction in the obligation re-
quirements under section 133(f); and 
‘‘(II) for each request that is 
granted by the Secretary— 
‘‘(aa) the percentage and dol-
lar amount of the reduction; and 
‘‘(bb) an explanation of how 
the Secretary made the determina-
tion under section 133(f)(2)(B). 
‘‘(I) OFF-SYSTEM BRIDGES.—A State may 
apply amounts obligated under this subsection or 
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section 133(f)(2)(A) to the obligation require-
ments of both this subsection and section 133(f). 
‘‘(J) NHS PENALTY.—A State may apply 
amounts obligated under this subsection or sec-
tion 119(f)(2) to the obligation requirements of 
both this subsection and section 119(f)(2). 
‘‘(K) COMPLIANCE.—If a State fails to sat-
isfy the requirements of subparagraph (A) by the 
end of fiscal year 2025, the Secretary may sub-
ject the State to appropriate program sanctions 
under section 1.36 of title 23, Code of Federal 
Regulations (or successor regulations).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
1 of title 23, United States Code, is amended by striking 
the item relating to section 144 and inserting the following: 
‘‘144. Bridges and tunnels.’’. 
SEC. 1208. CONSTRUCTION OF FERRY BOATS AND FERRY 
TERMINAL FACILITIES. 
Section 147 of title 23, United States Code, is amend-
ed— 
(1) by striking subsection (h); and 
(2) by redesignating subsections (i) and (j) as 
subsections (h) and (i), respectively. 
SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 
(a) IN GENERAL.—Section 148 of title 23, United 
States Code, is amended— 
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(1) in subsection (a)— 
(A) in paragraph (4)(B)— 
(i) by striking ‘‘only includes a 
project’’ and inserting ‘‘includes a project’’; 
(ii) in clause (xiii) by inserting ‘‘, in-
cluding the development of a vulnerable 
road user safety assessment or a vision zero 
plan under section 1601 of the INVEST in 
America Act’’ after ‘‘safety planning’’; 
(iii) by amending clause (xviii) to read 
as follows: 
‘‘(xviii) Safe routes to school infra-
structure-related projects eligible under sec-
tion 211.’’; 
(iv) in clause (xxvi) by inserting ‘‘or 
leading pedestrian intervals’’ after ‘‘hybrid 
beacons’’; and 
(v) by striking clause (xxviii) and in-
serting the following: 
‘‘(xxviii) A pedestrian security feature 
designed to slow or stop a motor vehicle. 
‘‘(xxix) Installation of infrastructure 
improvements, including sidewalks, cross-
walks, signage, and bus stop shelters or pro-
tected waiting areas.’’; 
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(B) in paragraph (11)— 
(i) in subparagraph (A)— 
(I) in clause (ix) by striking 
‘‘and’’ at the end; 
(II) by redesignating clause (x) as 
clause (xi); and 
(III) by inserting after clause (ix) 
the following: 
‘‘(x) State or local representatives of 
educational agencies to address safe routes 
to school and schoolbus safety; and’’; 
(ii) in subparagraph (E) by inserting 
‘‘Tribal,’’ after ‘‘State,’’; 
(iii) by redesignating subparagraphs 
(G), (H), and (I) as subparagraphs (H), 
(I), and (J), respectively; and 
(iv) by inserting after subparagraph 
(F) the following: 
‘‘(G) includes a vulnerable road user safety 
assessment described under paragraph (16);’’; 
(C) by redesignating paragraphs (10), (11), 
and (12) as paragraphs (12), (13), and (14), re-
spectively; 
(D) by inserting after paragraph (9) the fol-
lowing: 
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‘‘(10) SAFE SYSTEM APPROACH.—The term ‘safe 
system approach’ means a roadway design that em-
phasizes minimizing the risk of injury or fatality to 
road users and that— 
‘‘(A) takes into consideration the possibility 
and likelihood of human error; 
‘‘(B) accommodates human injury tolerance 
by taking into consideration likely crash types, 
resulting impact forces, and the human body’s 
ability to withstand such forces; and 
‘‘(C) takes into consideration vulnerable 
road users. 
‘‘(11) SPECIFIED SAFETY PROJECT.— 
‘‘(A) IN
GENERAL.—The term ‘specified 
safety project’ means a project carried out for the 
purpose of safety under any other section of this 
title that is consistent with the State strategic 
highway safety plan. 
‘‘(B) INCLUSION.—The term ‘specified safe-
ty project’ includes a project that— 
‘‘(i) promotes public awareness and in-
forms the public regarding highway safety 
matters (including safety for motorcyclists, 
bicyclists, pedestrians, individuals with dis-
abilities, and other road users); 
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‘‘(ii) facilitates enforcement of traffic 
safety laws; 
‘‘(iii) provides infrastructure and in-
frastructure-related equipment to support 
emergency services; 
‘‘(iv) conducts safety-related research to 
evaluate 
experimental 
safety 
counter-
measures or equipment; or 
‘‘(v) supports safe routes to school non-
infrastructure-related 
activities 
described 
under section 211(e)(2).’’; and 
(E) by adding at the end the following: 
‘‘(15) TRANSPORTATION
MANAGEMENT
AREA.— 
The term ‘transportation management area’ means 
an area designated under section 134(k). 
‘‘(16) VULNERABLE ROAD USER.—The term ‘vul-
nerable road user’ means a nonmotorist— 
‘‘(A) with a fatality analysis reporting sys-
tem person attribute code that is included in the 
definition of the term ‘number of non-motorized 
fatalities’ in section 490.205 of title 23, Code of 
Federal Regulations (or successor regulation); or 
‘‘(B) described in the term ‘number of non- 
motorized serious injuries’ in such section. 
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361 
‘‘(17) VULNERABLE ROAD USER SAFETY ASSESS-
MENT.—The term ‘vulnerable road user safety assess-
ment’ means an assessment of the safety performance 
of the State or a metropolitan planning organization 
within the State with respect to vulnerable road users 
and the plan of the State or metropolitan planning 
organization to improve the safety of vulnerable road 
users described in subsection (l).’’; 
(2) in subsection (c)— 
(A) in paragraph (1) by striking ‘‘(a)(11)’’ 
and inserting ‘‘(a)(13)’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A)(vi) by insert-
ing ‘‘, consistent with the vulnerable road 
user safety assessment’’ after ‘‘nonmotorized 
crashes’’; 
(ii) in subparagraph (B)(i)— 
(I) by inserting ‘‘, consistent with 
a safe system approach,’’ after ‘‘iden-
tify’’; 
(II) by inserting ‘‘excessive design 
speeds and speed limits,’’ after ‘‘cross-
ing needs,’’; and 
(III) by striking ‘‘motorists (in-
cluding motorcyclists), bicyclists, pe-
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362 
destrians, and other highway users’’ 
and inserting ‘‘road users’’; and 
(iii) in subparagraph (D)(iii) by strik-
ing ‘‘motorists (including motorcyclists), 
bicyclists, pedestrians, persons with disabil-
ities, and other highway users’’ and insert-
ing ‘‘road users’’; 
(3) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (A) by striking 
‘‘Not later than 1 year after the date of en-
actment of the MAP–21, the’’ and inserting 
‘‘The’’; and 
(ii) in subparagraph (B)— 
(I) in clause (iv) by inserting 
‘‘and serious injury’’ after ‘‘fatality’’; 
(II) in clause (vii) by striking ‘‘; 
and’’ and inserting a semicolon; 
(III) 
by 
redesignating 
clause 
(viii) as clause (ix); and 
(IV) by inserting after clause (vii) 
the following: 
‘‘(viii) the findings of a vulnerable 
road user safety assessment of the State; 
and’’; and 
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363 
(B) in paragraph (2)(B)(i) by striking 
‘‘subsection (a)(11)’’ and inserting ‘‘subsection 
(a)(13)’’; 
(4) in subsection (e)— 
(A) in paragraph (1)(C) by striking ‘‘, 
without regard to whether the project is included 
in an applicable State strategic highway safety 
plan’’; and 
(B) by adding at the end the following: 
‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFETY 
PROJECTS.— 
‘‘(A) IN GENERAL.—To advance the imple-
mentation of a State strategic highway safety 
plan, a State may use not more than 10 percent 
of the amounts apportioned to the State under 
section 104(b)(3) for a fiscal year to carry out 
specified safety projects. 
‘‘(B) RULE
OF
STATUTORY
CONSTRUC-
TION.—Nothing in this paragraph shall be con-
strued to require a State to revise any State 
process, plan, or program in effect on the date of 
enactment of this paragraph. 
‘‘(C) EFFECT OF PARAGRAPH.— 
‘‘(i) REQUIREMENTS.—A project fund-
ed under this paragraph shall be subject to 
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all requirements under this section that 
apply to a highway safety improvement 
project. 
‘‘(ii) 
OTHER
APPORTIONED
PRO-
GRAMS.—Subparagraph (A) shall not apply 
to amounts that may be obligated for non-
infrastructure projects apportioned under 
any other paragraph of section 104(b).’’; 
(5) in subsection (g)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) HIGH-RISK RURAL ROAD SAFETY.— 
‘‘(A) IN GENERAL.—If the Secretary deter-
mines that the fatality rate on rural roads in a 
State for the most recent 2-year period for which 
data are available exceeds the median fatality 
rate for rural roads among all States, such State 
shall be required to— 
‘‘(i) obligate over the 2 fiscal years fol-
lowing the fiscal year in which such deter-
mination is made for projects on high-risk 
rural roads an amount not less than 7.5 
percent of the amounts apportioned to the 
State under section 104(b)(3) for fiscal year 
2020; and 
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‘‘(ii) include, in the subsequent update 
to the State strategic highway safety plan, 
strategies to reduce the fatality rate. 
‘‘(B) SOURCE OF FUNDS.—Any amounts ob-
ligated under subparagraph (A) shall be from 
amounts described under section 133(d)(1)(B). 
‘‘(C) ANNUAL DETERMINATION.—The deter-
mination described under subparagraph (A) 
shall be made on an annual basis. 
‘‘(D) CONSULTATION.—In carrying out a 
project with an amount obligated under subpara-
graph (A), a State shall consult with, as appli-
cable, local governments, metropolitan planning 
organizations, and regional transportation plan-
ning organizations.’’; 
(B) in paragraph (2)— 
(i) in the heading by striking ‘‘DRIV-
ERS’’ and inserting ‘‘ROAD USERS’’; 
(ii) by striking ‘‘drivers and pedes-
trians’’ and inserting ‘‘road users’’; and 
(iii) by striking ‘‘address the increases 
in’’ and inserting ‘‘reduce’’; and 
(C) by adding at the end the following: 
‘‘(3) VULNERABLE ROAD USER SAFETY.— 
‘‘(A) HIGH RISK STATES.— 
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‘‘(i) ANNUAL DETERMINATION.—Begin-
ning on the date of enactment of the IN-
VEST in America Act, the Secretary shall 
determine on an annual basis whether the 
number of vulnerable road user fatalities 
and serious injuries per capita in a State 
over the most recent 2-year period for which 
data are available exceeds the median num-
ber fatalities in all such areas over such 2- 
year period. 
‘‘(ii) OBLIGATION
REQUIREMENT.—If 
the Secretary determines that the number of 
vulnerable road user fatalities and serious 
injuries per capita in a State over the most 
recent 2-year period for which data are 
available exceeds the median number of such 
fatalities and serious injuries per capita 
over such 2-year period among all States, 
that State shall be required to obligate over 
the 2 fiscal years following the fiscal year 
in which such determination is made an 
amount that is not less than 50 percent of 
the amount set aside in such State under 
section 133(h)(1) for fiscal year 2020 (less 
any amounts obligated for projects in that 
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State as required by subparagraph (B)(ii)) 
for— 
‘‘(I) in the first two fiscal years 
after the enactment of the INVEST in 
America Act— 
‘‘(aa) performing the vulner-
able road user safety assessment 
as required by subsection (l); 
‘‘(bb) 
providing 
matching 
funds for transportation alter-
natives safety projects as identi-
fied in section 133(h)(7)(B); or 
‘‘(cc) projects eligible under 
subparagraphs (A), (B), (C), or 
(I) of section 133(h); and 
‘‘(II) in each 2-year period there-
after, projects identified in the pro-
gram of projects described in subsection 
(l)(2)(C). 
‘‘(B) HIGH RISK AREAS.— 
‘‘(i) ANNUAL
DETERMINATION.—The 
Secretary shall determine on an annual 
basis whether the number of vulnerable road 
user fatalities per capita in a transpor-
tation management area over the most re-
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cent 2-year period for which data are avail-
able exceeds the median number fatalities in 
all such areas over such 2-year period. 
‘‘(ii) OBLIGATION
REQUIREMENT.—If 
the Secretary determines that the number of 
vulnerable road user fatalities per capita in 
the transportation management area over 
the most recent 2-year period for which 
data are available exceeds the median num-
ber of such fatalities over such 2-year period 
among all such areas, then there shall be re-
quired to be obligated over the 2 fiscal years 
following the fiscal year in which such de-
termination is made, for projects identified 
in the program of projects described in sub-
section (l)(7)(C), an amount that is not less 
than 50 percent of the amount set aside for 
that urbanized area under section 133(h)(2) 
for fiscal year 2020. 
‘‘(iii) APPLICABILITY.—The obligation 
requirement described in clause (ii) shall 
not take effect until the subject metropolitan 
planning organization has developed the 
vulnerable road user safety assessment de-
scribed in subsection (l)(7). 
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‘‘(C) SOURCE OF FUNDS.— 
‘‘(i) IN GENERAL.—Any amounts re-
quired to be obligated under this paragraph 
shall be from amounts apportioned under 
section 104(b) except for— 
‘‘(I) amounts described in section 
133(d)(1)(A); and 
‘‘(II) amounts set aside under sec-
tion 133(h). 
‘‘(ii) AREAS IN A HIGH RISK STATE.— 
If an area subject to the obligation require-
ment described in subparagraph (B)(ii) is 
located in a State required to obligate funds 
to vulnerable road user safety under sub-
paragraph (A)(ii), any obligations in such 
State for projects identified in the program 
of projects described in subsection (l)(7)(C) 
shall count toward such State’s obligation 
requirement under subparagraph (A)(ii).’’; 
(6) in subsection (h)(1)(A)— 
(A) by inserting ‘‘, including any efforts to 
reduce vehicle speed’’ after ‘‘under this section’’; 
and 
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(B) by inserting ‘‘and projects identified 
under a vulnerable road user safety assessment’’ 
after ‘‘projects’’; and 
(7) by adding at the end the following: 
‘‘(l) VULNERABLE
ROAD
USER
SAFETY
ASSESS-
MENT.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
date of enactment of the INVEST in America Act, 
each State shall create a vulnerable road user safety 
assessment. 
‘‘(2) CONTENTS.—A vulnerable road user safety 
assessment required under paragraph (1) shall in-
clude— 
‘‘(A) a description of the location within the 
State of each vulnerable road user fatality and 
serious injury, including, if available, the design 
speed of the roadway at any such location; 
‘‘(B) a description of any corridors identi-
fied by a State, in coordination with local gov-
ernments, metropolitan planning organizations, 
and regional transportation planning organiza-
tions that pose a high risk of a vulnerable road 
user fatality or serious injury, including, if 
available, the design speeds of such corridors; 
and 
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‘‘(6) TRANSPORTATION
SYSTEM
ACCESS.—The 
program of projects developed under paragraph (2)(C) 
may not degrade transportation system access for vul-
nerable road users. 
‘‘(7) URBANIZED AREA ASSESSMENTS.— 
‘‘(A) IN GENERAL.—A metropolitan plan-
ning organization representing a transportation 
management area shall, in consultation with 
local governments in such area, complete a vul-
nerable road user safety assessment based on the 
most recent 5 years of available data at least 
once every 4 years. 
‘‘(B) CONTENTS.—The assessment completed 
under subparagraph (A) shall include— 
‘‘(i) a description of the location with-
in the area of each vulnerable road user fa-
tality and, if available, serious injury; 
‘‘(ii) a description of any corridors 
that represent a high-risk area identified 
under paragraph (2)(B) or have otherwise 
been identified by the metropolitan plan-
ning organization or local government that 
pose a high risk of a vulnerable road user 
fatality or serious injury; and 
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‘‘(iii) a program of projects or strate-
gies to reduce safety risks to vulnerable road 
users in corridors identified under subpara-
graph (B).’’. 
(b) TECHNICAL AMENDMENT.—Section 148 of title 23, 
United States Code, is amended— 
(1) in the heading for subsection (a)(8) by strik-
ing ‘‘ROAD USERS’’ and inserting ‘‘ROAD USER’’; and 
(2) in subsection (i)(2)(D) by striking ‘‘safety 
safety’’ and inserting ‘‘safety’’. 
(c) HIGH-RISK RURAL ROADS.— 
(1) STUDY.—Not later than 2 years after the 
date of enactment of this Act, the Secretary of Trans-
portation shall update the study described in para-
graph (1) of section 1112(b) of MAP–21 (23 U.S.C. 
148 note). 
(2) PUBLICATION OF REPORT.—Not later than 2 
years after the date of enactment of this Act, the Sec-
retary shall publish on the website of the Department 
of Transportation an updated report of the report de-
scribed in paragraph (2) of section 1112(b) of MAP– 
21 (23 U.S.C. 148 note). 
(3) BEST PRACTICES MANUAL.—Not later than 
180 days after the date of submission of the report de-
scribed in paragraph (2), the Secretary shall update 
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374 
the best practices manual described in section 
1112(b)(3) of MAP–21 (23 U.S.C. 148 note). 
SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT PROGRAM. 
Section 149 of title 23, United States Code, is amend-
ed— 
(1) in subsection (b)— 
(A) in paragraph (1)(A)(ii) by striking 
‘‘subsection (h)’’ and inserting ‘‘subsection (i)’’; 
(B) in paragraph (7) by inserting ‘‘shared 
micromobility (including bikesharing and shared 
scooter systems), publicly accessible charging sta-
tions, docks, and storage for electric bicycles and 
micromobility devices,’’ after ‘‘carsharing’’; 
(C) in paragraph (8)(B) by striking ‘‘; or’’ 
and inserting a semicolon; 
(D) in paragraph (9) by striking the period 
and inserting ‘‘; or’’; and 
(E) by adding at the end the following: 
‘‘(10) if the project or program mitigates sea-
sonal or temporary traffic congestion from long-haul 
travel or tourism.’’; 
(2) in subsection (c)— 
(A) in paragraph (2)— 
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(i) in the heading by inserting ‘‘, HY-
DROGEN VEHICLE,’’ after ‘‘ELECTRIC VEHI-
CLE’’; 
(ii) by inserting ‘‘hydrogen or’’ after 
‘‘charging stations or’’; and 
(iii) by inserting ‘‘, hydrogen-pow-
ered,’’ after ‘‘battery powered’’; and 
(B) in paragraph (3) by inserting ‘‘, and is 
consistent with section 166’’ after ‘‘travel times’’; 
and 
(3) by striking subsection (m) and inserting the 
following: 
‘‘(m) OPERATING ASSISTANCE.— 
‘‘(1) PROJECTS.—A State may obligate funds 
apportioned under section 104(b)(4) in an area of 
such State that is otherwise eligible for obligations of 
such funds for operating costs under chapter 53 of 
title 49 or on a system for which CMAQ funding was 
made available, obligated, or expended in fiscal year 
2012, or, notwithstanding subsection (b), on a State- 
supported Amtrak route with a cost-sharing agree-
ment under section 209 of the Passenger Rail Invest-
ment and Improvement Act of 2008 or alternative 
cost allocation under section 24712(g)(3) of title 49. 
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‘‘(2) TIME
LIMITATION.—In determining the 
amount of time for which a State may obligate funds 
under paragraph (1) for operating assistance for an 
area of a State or on a system, the Secretary shall 
allow such obligations to occur, in such area or on 
such system— 
‘‘(A) with a time limitation of not less than 
3 years; and 
‘‘(B) in the case of projects that demonstrate 
continued net air quality benefits beyond 3 
years, as determined annually by the Secretary 
in consultation with the Administrator of the 
Environmental Protection Agency, with no im-
posed time limitation.’’. 
SEC. 1211. ELECTRIC VEHICLE CHARGING STATIONS. 
(a) ELECTRIC VEHICLE CHARGING STATIONS.—Chap-
ter 1 of title 23, United States Code, is amended by insert-
ing after section 154 the following new section: 
‘‘§ 155. Electric vehicle charging stations 
‘‘(a) IN GENERAL.—Any electric vehicle charging in-
frastructure funded under this title shall be subject to the 
requirements of this section. 
‘‘(b) INTEROPERABILITY.—An electric vehicle charging 
station funded under this title shall— 
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‘‘(1) provide a charging connector type or means 
to transmit electricity to vehicles that meets applica-
ble industry accepted practices and safety standards; 
and 
‘‘(2) have the ability to serve vehicles produced 
by more than one vehicle manufacturer. 
‘‘(c) OPEN ACCESS
TO PAYMENT.—Electric vehicle 
charging stations shall provide payment methods available 
to all members of the public to ensure secure, convenient, 
and equal access and shall not be limited by membership 
to a particular payment provider. 
‘‘(d) NETWORK
CAPABILITY.—An electric vehicle 
charging station funded under this title shall be capable of 
being remotely monitored. 
‘‘(e) GUIDANCE.—Not less than 180 days after enact-
ment of the INVEST in America Act, the Secretary of 
Transportation, in coordination with the Secretary of En-
ergy, shall, as appropriate, publish guidance for public 
comment applicable to any electric vehicle charging station 
funded in whole or in part under this title related to— 
‘‘(1) the installation, operation, or maintenance 
by qualified technicians of electric vehicle charging 
infrastructure; 
‘‘(2) the physical and payment interoperability 
of electric vehicle charging infrastructure; 
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‘‘(3) any traffic control device or on-premises 
sign acquired, installed, or operated related to an 
electric vehicle charging station funded under this 
title; and 
‘‘(4) network connectivity of electric vehicle 
charging, including measures to protect personal pri-
vacy and ensure cybersecurity. 
‘‘(f) WAGE REQUIREMENTS.—Section 113 shall apply 
to any project for electric vehicle charging infrastructure 
funded under this title.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
1 of title 23, United States Code, is amended by inserting 
after the item relating to section 154 the following new item: 
‘‘155. Electric vehicle charging stations.’’. 
(c) ELECTRIC VEHICLE CHARGING SIGNAGE.—The 
Secretary of Transportation shall update the Manual on 
Uniform Traffic Control Devices to— 
(1) ensure uniformity in providing road users 
direction to electric charging stations that are open to 
the public; and 
(2) allow the use of a comprehensive system of 
signs for electric vehicle charging providers to help 
drivers identify the type of charging and connector 
types available at the location. 
(d) AGREEMENTS RELATING TO THE USE AND ACCESS 
OF RIGHTS-OF-WAY OF THE INTERSTATE SYSTEM.—Sec-
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tion 111 of title 23, United States Code, is amended by add-
ing at the end the following: 
‘‘(f) INTERSTATE SYSTEM RIGHTS-OF-WAY.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(a) or (b), the Secretary shall permit, consistent with 
section 155, the charging of electric vehicles on rights- 
of-way of the Interstate System, including in— 
‘‘(A) a rest area; or 
‘‘(B) a fringe or corridor parking facility, 
including a park and ride facility. 
‘‘(2) SAVINGS
CLAUSE.—Nothing in this sub-
section shall permit commercial activities on rights- 
of-way of the Interstate System, except as necessary 
for the charging of electric vehicles in accordance with 
this subsection.’’. 
SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM. 
(a) IN GENERAL.—Section 167 of title 23, United 
States Code, is amended— 
(1) in subsection (b)— 
(A) in paragraph (6) by striking ‘‘; and’’ 
and inserting a semicolon; and 
(B) by striking paragraph (7) and inserting 
the following: 
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‘‘(7) to reduce the environmental impacts of 
freight movement on the National Highway Freight 
Network, including— 
‘‘(A) greenhouse gas emissions; 
‘‘(B) local air pollution, including local pol-
lution derived from vehicles idling at railway 
crossings; 
‘‘(C) minimizing, capturing, or treating 
stormwater runoff and addressing other adverse 
impacts to water quality; and 
‘‘(D) wildlife habitat loss; and 
‘‘(8) to decrease any adverse impact of freight 
transportation on communities located near freight 
facilities or freight corridors.’’; 
(2) in subsection (e)(2) by striking ‘‘150 miles’’ 
and inserting ‘‘300 miles’’; 
(3) in subsection (f)(4) by striking ‘‘75 miles’’ 
and inserting ‘‘150 miles’’; 
(4) in subsection (h) by striking ‘‘Not later than’’ 
and all that follows through ‘‘shall prepare’’ and in-
serting ‘‘As part of the report required under section 
503(b)(8), the Administrator shall biennially pre-
pare’’; 
(5) in subsection (i)— 
(A) by striking paragraphs (2) and (3); 
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(B) by amending paragraph (4) to read as 
follows: 
‘‘(4) FREIGHT PLANNING.—Notwithstanding any 
other provision of law, a State may not obligate funds 
apportioned to the State under section 104(b)(5) un-
less the State has developed, updated, or amended, as 
applicable, a freight plan in accordance with section 
70202 of title 49.’’; 
(C) in paragraph (5)— 
(i) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) LIMITATION.—The Federal share of a 
project described in subparagraph (C)(xxiii) 
shall fund only elements of such project that pro-
vide public benefits.’’; and 
(ii) in subparagraph (C)— 
(I) in clause (iii) by inserting 
‘‘and freight management and oper-
ations systems’’ after ‘‘freight transpor-
tation systems’’; and 
(II) by amending clause (xxiii) to 
read as follows: 
‘‘(xxiii) Freight intermodal or freight 
rail projects, including— 
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‘‘(I) projects within the bound-
aries of public or private freight rail 
or water facilities (including ports); 
‘‘(II) projects that provide surface 
transportation infrastructure necessary 
to facilitate direct intermodal inter-
change, transfer, and access into or out 
of the facility; and 
‘‘(III) any other surface transpor-
tation project to improve the flow of 
freight into or out of a facility de-
scribed in subclause (I) or (II).’’; 
(D) in paragraph (6) by striking ‘‘para-
graph (5)’’ and inserting ‘‘paragraph (3)’’; and 
(E) by redesignating paragraphs (4), (5), 
(6), and (7) as paragraphs (2), (3), (4), and (5), 
respectively; and 
(6) in subsection (k)(1)(A)(ii) by striking ‘‘ports- 
of entry’’ and inserting ‘‘ports-of-entry’’. 
(b) NATIONAL HIGHWAY FREIGHT NETWORK.—If a 
congressionally designated future Interstate, or any portion 
thereof, is included in a State Freight Plan (regardless of 
whether such project is included in the freight investment 
plan of the State) approved by the Department of Transpor-
tation prior to October 1, 2021, such route shall be consid-
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ered to be on the National Highway Freight Network estab-
lished under section 167(c) of title 23, United States Code. 
SEC. 1213. CARBON POLLUTION REDUCTION. 
(a) IN GENERAL.—Chapter 1 of title 23, United States 
Code, is amended by adding at the end the following: 
‘‘§ 171. Carbon pollution reduction 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish 
a carbon pollution reduction program to support the reduc-
tion of greenhouse gas emissions from the surface transpor-
tation system. 
‘‘(b) ELIGIBLE PROJECTS.—A project is eligible for 
funding under this section if such project— 
‘‘(1) is expected to yield a significant reduction 
in greenhouse gas emissions from the surface trans-
portation system; 
‘‘(2) will help a State meet the greenhouse gas 
emissions performance targets established under sec-
tion 150(d); and 
‘‘(3) is— 
‘‘(A) eligible for assistance under this title 
or under chapter 53 of title 49 or is a capital 
project for vehicles and facilities (whether pub-
licly or privately owned) that are used to pro-
vide intercity passenger service by bus; or 
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‘‘(B) a capital project, as such term is de-
fined in section 22906 of title 49, to improve 
intercity rail passenger transportation, provided 
that the project will yield a significant reduction 
in single occupant vehicle trips and improve mo-
bility on public roads. 
‘‘(c) GUIDANCE.—The Secretary shall issue guidance 
on methods of determining the reduction of single occupant 
vehicle trips and improvement of mobility on public roads 
as those factors relate to intercity rail passenger transpor-
tation projects under subsection (b)(4). 
‘‘(d) OPERATING EXPENSES.—A State may use not 
more than 10 percent of the funds provided under section 
104(b)(9) for the operating expenses of public transpor-
tation and passenger rail transportation projects. 
‘‘(e) SINGLE-OCCUPANCY VEHICLE HIGHWAY FACILI-
TIES.—None of the funds provided under this section may 
be used for a project that will result in the construction 
of new capacity available to single occupant vehicles unless 
the project consists of a high occupancy vehicle facility and 
is consistent with section 166. 
‘‘(f) EVALUATION.— 
‘‘(1) IN GENERAL.—The Secretary shall annually 
evaluate the progress of each State in carrying out the 
program under this section by comparing the percent 
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change in carbon dioxide emissions per capita on 
public roads in the State calculated as— 
‘‘(A) the annual carbon dioxide emissions 
per capita on public roads in the State for the 
most recent year for which there is data; divided 
by 
‘‘(B) the average annual carbon dioxide 
emissions per capita on public roads in the State 
in calendar years 2015 through 2019. 
‘‘(2) MEASURES.—In conducting the evaluation 
under paragraph (1), the Secretary shall— 
‘‘(A) prior to the effective date of the green-
house gas performance measures under section 
150(c)(7)(A), use such data as are available, 
which may include data on motor fuels usage 
published by the Federal Highway Administra-
tion and information on emissions factors or co-
efficients published by the Energy Information 
Administration of the Department of Energy; 
and 
‘‘(B) following the effective date of the 
greenhouse gas performance measures under sec-
tion 150(c)(7)(A), use such measures. 
‘‘(g) PROGRESS REPORT.—The Secretary shall annu-
ally issue a carbon pollution reduction progress report, to 
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be made publicly available on the website of the Department 
of Transportation, that includes— 
‘‘(1) the results of the evaluation under sub-
section (f) for each State; and 
‘‘(2) a ranking of all the States by the criteria 
under subsection (f), with the States that, for the year 
covered by such report, have the largest percentage re-
duction in annual carbon dioxide emissions per cap-
ita on public roads being ranked the highest. 
‘‘(h) HIGH-PERFORMING STATES.— 
‘‘(1) DESIGNATION.—For purposes of this sec-
tion, each State that is 1 of the 15 highest ranked 
States, as determined under subsection (g)(2), and 
that achieves a reduction in carbon dioxide emissions 
per capita on public roads, as determined by the eval-
uation in subsection (f), shall be designated as a high- 
performing State for the following fiscal year. 
‘‘(2) USE OF FUNDS.—For each State that is 
designated as a high-performing State under para-
graph (1)— 
‘‘(A) notwithstanding section 120, the State 
may use funds made available under this title to 
pay the non-Federal share of a project under this 
section during any year for which such State is 
designated as a high-performing State; and 
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‘‘(B) notwithstanding section 126, the State 
may transfer up to 50 percent of funds appor-
tioned under section 104(b)(9) to the program 
under section 104(b)(2) in any year for which 
such State is designated as a high-performing 
State. 
‘‘(3) TRANSFER.—For each State that is 1 of the 
15 lowest ranked States, as determined under sub-
section (g)(2), the Secretary shall transfer 10 percent 
of the amount apportioned to the State under section 
104(b)(2) in the fiscal year following the year in 
which the State is so ranked, not including amounts 
set aside under section 133(d)(1)(A) and under sec-
tion 133(h) or 505(a), to the apportionment of the 
State under section 104(b)(9). 
‘‘(4) LIMITATION.—The Secretary shall not con-
duct a transfer under paragraph (3)— 
‘‘(A) until the first fiscal year following the 
effective date of greenhouse gas performance 
measures under section 150(c)(7)(A); and 
‘‘(B) with respect to a State in any fiscal 
year following the year in which such State 
achieves a reduction in carbon dioxide emissions 
per capita on public roads in such year as deter-
mined by the evaluation under subsection (f). 
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‘‘(i) REPORT.—Not later than 2 years after the date 
of enactment of this section and periodically thereafter, the 
Secretary, in consultation with the Administrator of the 
Environmental Protection Agency, shall issue a report— 
‘‘(1) detailing, based on the best available 
science, what types of projects eligible for assistance 
under this section are expected to provide the most 
significant greenhouse gas emissions reductions from 
the surface transportation sector; and 
‘‘(2) detailing, based on the best available 
science, what types of projects eligible for assistance 
under this section are not expected to provide signifi-
cant greenhouse gas emissions reductions from the 
surface transportation sector.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
1 of title 23, United States Code, is amended by adding 
at the end the following new item: 
‘‘171. Carbon pollution reduction.’’. 
(c) APPLICABILITY.—Subsection (b)(2) of section 171 
of title 23, United States Code, as added by this section, 
shall apply to a State beginning on the first fiscal year 
following the fiscal year in which the State sets greenhouse 
gas performance targets under section 150(d) of title 23, 
United States Code. 
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SEC. 1214. RECREATIONAL TRAILS. 
Section 206 of title 23, United States Code, is amend-
ed— 
(1) in subsection (a)— 
(A) in paragraph (1) by striking ‘‘except 
for’’ and all that follows and inserting the fol-
lowing: ‘‘except for— 
‘‘(A) a motorized wheelchair; and 
‘‘(B) in any case in which applicable laws 
and regulations permit use, an electric bicycle, 
as defined in section 217(j).’’; 
(B) in paragraph (2)— 
(i) in subparagraph (F) by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (G) by striking 
the period and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(F) electric bicycling.’’; and 
(2) by adding at the end the following: 
‘‘(j) SPECIAL RULE.—Section 113 shall not apply to 
projects under this section. 
‘‘(k) USE OF OTHER APPORTIONED FUNDS.—Funds 
apportioned to a State under section 104(b) that are obli-
gated for recreational trails and related projects shall be 
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administered as if such funds were made available for pur-
poses described under this section.’’. 
SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM. 
(a) IN GENERAL.—Chapter 2 of title 23, United States 
Code, is amended by inserting after section 210 the fol-
lowing: 
‘‘§ 211. Safe routes to school program 
‘‘(a) PROGRAM.—The Secretary shall carry out a safe 
routes to school program for the benefit of children in pri-
mary, middle, and high schools. 
‘‘(b) PURPOSES.—The purposes of the program shall 
be— 
‘‘(1) to enable and encourage children, including 
those with disabilities, to walk and bicycle to school; 
‘‘(2) to make bicycling and walking to school a 
safer and more appealing transportation alternative, 
thereby encouraging a healthy and active lifestyle 
from an early age; and 
‘‘(3) to facilitate the planning, development, and 
implementation of projects and activities that will 
improve safety and reduce traffic, fuel consumption, 
and air pollution in the vicinity of schools. 
‘‘(c) USE OF FUNDS.—Amounts apportioned to a State 
under paragraphs (2) and (3) of section 104(b) may be used 
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Burrs Crossing and including a loop generally 
encircling Bryan/College Station, Texas; 
‘‘(D) following United States Route 83 
southward from the vicinity of Eden, Texas, to 
a logical connection to Interstate Route 10 at 
Junction, Texas; 
‘‘(E) following United States Route 69 from 
Interstate Route 10 in Beaumont, Texas, north 
to United States Route 190 in the vicinity of 
Woodville, Texas; 
‘‘(F) following United States Route 96 from 
Interstate Route 10 in Beaumont, Texas, north 
to United States Route 190 in the vicinity of 
Jasper, Texas; and 
‘‘(G) following United States Route 190, 
State Highway 305, and United States Route 
385 from Interstate Route 10 in Pecos County, 
Texas to Interstate 20 at Odessa, Texas.’’. 
(2) CENTRAL
LOUISIANA
CORRIDOR.—Section 
1105(c) of the Intermodal Surface Transportation Ef-
ficiency Act of 1991 is amended by adding at the end 
the following: 
‘‘(91) The Central Louisiana Corridor com-
mencing at the logical terminus of Louisiana High-
way 8 at the Sabine River Bridge at Burrs Crossing 
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