I 
117TH CONGRESS 
1ST SESSION H. R. 3684 
To authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 4, 2021 
Mr. DEFAZIO (for himself, Ms. NORTON, and Mr. PAYNE) introduced the fol-
lowing bill; which was referred to the Committee on Transportation and 
Infrastructure 
A BILL 
To authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Investing in a New 
Vision for the Environment and Surface Transportation 
in America Act’’ or the ‘‘INVEST in America Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. References. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
DIVISION A—FEDERAL SURFACE TRANSPORTATION PROGRAMS 
FOR FISCAL YEAR 2022 
Sec. 101. Definitions. 
Sec. 102. Extension of Federal Surface Transportation programs. 
Sec. 103. Additional amounts for the Federal-aid highway program and mem-
ber designated projects. 
Sec. 104. Federal Transit Administration. 
Sec. 105. National highway traffic safety administration. 
Sec. 106. Federal motor carrier safety administration. 
Sec. 107. Member designated project authorizations. 
DIVISION B—SURFACE TRANSPORTATION 
Sec. 1001. Applicability of division. 
TITLE I—FEDERAL-AID HIGHWAYS 
Subtitle A—Authorizations and Program Conditions 
Sec. 1101. Authorization of appropriations. 
Sec. 1102. Obligation limitation. 
Sec. 1103. Definitions and declaration of policy. 
Sec. 1104. Apportionment. 
Sec. 1105. Additional deposits into Highway Trust Fund. 
Sec. 1106. Transparency. 
Sec. 1107. Complete and context sensitive street design. 
Sec. 1108. Innovative project delivery Federal share. 
Sec. 1109. Transferability of Federal-aid highway funds. 
Sec. 1110. Tolling. 
Sec. 1111. HOV facilities. 
Sec. 1112. Buy America. 
Sec. 1113. Federal-aid highway project requirements. 
Sec. 1114. State assumption of responsibility for categorical exclusions. 
Sec. 1115. Surface transportation project delivery program written agreements. 
Sec. 1116.
Corrosion prevention for bridges. 
Sec. 1117. Sense of Congress. 
Sec. 1118. Accommodation of certain facilities in right-of-way. 
Sec. 1119. Federal grants for pedestrian and bike safety improvements. 
Subtitle B—Programmatic Infrastructure Investment 
Sec. 1201. National highway performance program. 
Sec. 1202. Increasing the resilience of transportation assets. 
Sec. 1203. Emergency relief. 
Sec. 1204. Railway crossings. 
Sec. 1205. Surface transportation program. 
Sec. 1206. Transportation alternatives program. 
Sec. 1207. Bridge investment. 
Sec. 1208. Construction of ferry boats and ferry terminal facilities. 
Sec. 1209. Highway safety improvement program. 
Sec. 1210. Congestion mitigation and air quality improvement program. 
Sec. 1211. Electric vehicle charging stations. 
Sec. 1212. National highway freight program. 
Sec. 1213. Carbon pollution reduction. 
Sec. 1214. Recreational trails. 
Sec. 1215. Safe routes to school program. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
Sec. 1216. Bicycle transportation and pedestrian walkways. 
Sec. 1217. Noise barriers. 
Sec. 1218. Safe streets for all. 
Sec. 1219. Youth service and conservation corps. 
Subtitle C—Project-Level Investments 
Sec. 1301. Projects of national and regional significance. 
Sec. 1302. Community transportation investment grant program. 
Sec. 1303. Clean corridors program. 
Sec. 1304. Community climate innovation grants. 
Sec. 1305. Metro performance program. 
Sec. 1306. Gridlock reduction grant program. 
Sec. 1307. Rebuild rural bridges program. 
Sec. 1308. Parking for commercial motor vehicles. 
Sec. 1309. Active connected transportation grant program. 
Sec. 1310. Wildlife crossings program. 
Sec. 1311. Reconnecting neighborhoods program. 
Sec. 1312. Apprenticeship utilization. 
Subtitle D—Planning, Performance Management, and Asset Management 
Sec. 1401. Metropolitan transportation planning. 
Sec. 1402. Statewide and nonmetropolitan transportation planning. 
Sec. 1403. National goals and performance management measures. 
Sec. 1404. Transportation demand data and modeling study. 
Sec. 1405. Fiscal constraint on long-range transportation plans. 
Subtitle E—Federal Lands, Tribes, and Territories 
Sec. 1501. Territorial and Puerto Rico highway program. 
Sec. 1502. Tribal transportation program. 
Sec. 1503. Tribal High Priority Projects program. 
Sec. 1504. Federal lands transportation program. 
Sec. 1505. Federal lands and Tribal major projects program. 
Sec. 1506. Office of Tribal Government Affairs. 
Sec. 1507. Alternative contracting methods. 
Sec. 1508. Divestiture of federally owned bridges. 
Sec. 1509. Study on Federal funding available to Indian Tribes. 
Sec. 1510. GAO study. 
Sec. 1511. Federal lands access program. 
Subtitle F—Additional Provisions 
Sec. 1601. Vision zero. 
Sec. 1602. Speed limits. 
Sec. 1603. Dig Once for broadband infrastructure deployment. 
Sec. 1604. Stormwater best management practices. 
Sec. 1605. Pedestrian facilities in the public right-of-way. 
Sec. 1606. Highway formula modernization report. 
Sec. 1607. Consolidation of programs. 
Sec. 1608. Student outreach report to Congress. 
Sec. 1609. Task force on developing a 21st century surface transportation 
workforce. 
Sec. 1610. On-the-job training and supportive services. 
Sec. 1611. Appalachian development highway system funding flexibility. 
Sec. 1612. Transportation education development program. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6211
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
Sec. 1613. Working group on construction resources. 
Sec. 1614. Numbering system of highway interchanges. 
Sec. 1615. Toll credits. 
Sec. 1616. Transportation construction materials procurement. 
Sec. 1617. Nationwide road safety assessment. 
Sec. 1618. Climate resilient transportation infrastructure study. 
Sec. 1619. Natural gas, electric battery, and zero emission vehicles. 
Sec. 1620. Guidance on evacuation routes. 
Sec. 1621. High priority corridors on National Highway System. 
Sec. 1622. Guidance on inundated and submerged roads. 
Sec. 1623. Dry bulk weight tolerance. 
Sec. 1624. Highway use tax evasion projects. 
Sec. 1625. Labor standards. 
Sec. 1626. Climate resiliency report by GAO. 
Sec. 1627. Designation of John R. Lewis Voting Rights Highway. 
Sec. 1628. GAO study on capital needs of public ferries. 
Sec. 1629. Use of modeling and simulation technology. 
Sec. 1630. GAO study on per-mile user fee equity. 
Sec. 1631. GAO review of equity considerations at state DOTs. 
Sec. 1632. Study on effectiveness of suicide prevention nets and barriers for 
structures other than bridges. 
Sec. 1633. Repeal of pilot program. 
Sec. 1634. Technical corrections. 
TITLE II—PUBLIC TRANSPORTATION 
Subtitle A—Federal Transit Administration 
Sec. 2101. Authorizations. 
Sec. 2102. Chapter 53 definitions. 
Sec. 2103. General provisions. 
Sec. 2104. Miscellaneous provisions. 
Sec. 2105. Policies and purposes. 
Sec. 2106. Fiscal years 2022 and 2023 formulas. 
Sec. 2107. Metropolitan transportation planning. 
Sec. 2108. Statewide and nonmetropolitan transportation planning. 
Sec. 2109. Obligation limitation. 
Sec. 2110. Public transportation emergency relief funds. 
Sec. 2111. Certification requirements. 
Sec. 2112. Hold harmless. 
Sec. 2113. Study on accessibility of public transportation. 
Subtitle B—Improving Frequency and Ridership 
Sec. 2201. Multi-jurisdictional bus frequency and ridership competitive grants. 
Sec. 2202. Incentivizing frequency in the urban formula. 
Sec. 2203. Mobility innovation. 
Sec. 2204. Formula grants for rural areas. 
Sec. 2205. One-stop paratransit program. 
Subtitle C—Buy America and Other Procurement Reforms 
Sec. 2301. Buy America. 
Sec. 2302. Bus procurement streamlining. 
Sec. 2303. Bus testing facility. 
Sec. 2304. Repayment requirement. 
Sec. 2305. Definition of urbanized areas following a major disaster. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6211
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
Sec. 2306. Special rule for certain rolling stock procurements. 
Sec. 2307. Spare ratio waiver. 
Subtitle D—Bus Grant Reforms 
Sec. 2401. Formula grants for buses. 
Sec. 2402. Bus facilities and fleet expansion competitive grants. 
Sec. 2403. Zero emission bus grants. 
Sec. 2404. Restoration to state of good repair formula subgrant. 
Sec. 2405. Workforce development training grants. 
Subtitle E—Supporting All Riders 
Sec. 2501. Low-income urban formula funds. 
Sec. 2502. Rural persistent poverty formula. 
Sec. 2503. Demonstration grants to support reduced fare transit. 
Sec. 2504. Equity in transit service planning. 
Sec. 2505. GAO study on fare-free transit. 
Subtitle F—Supporting Frontline Workers and Passenger Safety 
Sec. 2601. National transit frontline workforce training center. 
Sec. 2602. Public transportation safety program. 
Sec. 2603. Innovation workforce standards. 
Sec. 2604. Safety performance measures and set asides. 
Sec. 2605. U.S. Employment Plan. 
Sec. 2606. Technical assistance and workforce development. 
Subtitle G—Transit-Supportive Communities 
Sec. 2701. Transit-supportive communities. 
Sec. 2702. Property disposition for affordable housing. 
Sec. 2703. Affordable housing incentives in capital investment grants. 
Subtitle H—Innovation 
Sec. 2801. Mobility innovation sandbox program. 
Sec. 2802. Transit bus operator compartment redesign program. 
Sec. 2803. Federal Transit Administration Every Day Counts initiative. 
Sec. 2804. Technical corrections. 
Sec. 2805. National advanced technology transit bus development program. 
Sec. 2806. Public transportation innovation. 
Sec. 2807. Transit vehicle battery recycling and reuse. 
Subtitle I—Other Program Reauthorizations 
Sec. 2901. Reauthorization for capital and preventive maintenance projects for 
Washington Metropolitan Area Transit Authority. 
Sec. 2902. Other apportionments. 
Subtitle J—Streamlining 
Sec. 2911. Fixed guideway capital investment grants. 
Sec. 2912. Rural and small urban apportionment deadline. 
Sec. 2913. Disposition of assets beyond useful life. 
Sec. 2914. Innovative coordinated access and mobility. 
Sec. 2915. Passenger ferry grants. 
Sec. 2916. Evaluation of benefits and Federal investment. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6211
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
Sec. 2917. Best practices for the application of National Environmental Policy 
Act of 1969 to federally funded bus shelters. 
Sec. 2918. Capital investment grant streamlining. 
TITLE III—HIGHWAY TRAFFIC SAFETY 
Sec. 3001. Authorization of appropriations. 
Sec. 3002. Highway safety programs. 
Sec. 3003. Fair and equitable traffic safety enforcement. 
Sec. 3004. Highway safety research and development. 
Sec. 3005. Grant program to prohibit racial profiling. 
Sec. 3006. National safety campaigns. 
Sec. 3007. National priority safety programs. 
Sec. 3008. Minimum penalties for repeat offenders for driving while intoxicated 
or driving under the influence. 
Sec. 3009. National priority safety program grant eligibility. 
Sec. 3010. Implicit bias research and training grants. 
Sec. 3011. Stop motorcycle checkpoint funding. 
Sec. 3012. Electronic driver’s license. 
Sec. 3013. Motorcyclist Advisory Council. 
Sec. 3014. Report on marijuana research. 
Sec. 3015. Comptroller General study on national DUI reporting. 
TITLE IV—MOTOR CARRIER SAFETY 
Subtitle A—Motor Carrier Safety Grants, Operations, and Programs 
Sec. 4101. Motor carrier safety grants. 
Sec. 4102. Motor carrier safety operations and programs. 
Sec. 4103. Immobilization grant program. 
Sec. 4104. Operation of small commercial vehicles study. 
Subtitle B—Motor Carrier Safety Oversight 
Sec. 4201. Motor carrier safety advisory committee. 
Sec. 4202. Compliance, safety, accountability. 
Sec. 4203. Terms and conditions for exemptions. 
Sec. 4204. Safety fitness of motor carriers of passengers. 
Sec. 4205. Providers of recreational activities. 
Sec. 4206. Amendments to regulations relating to transportation of household 
goods in interstate commerce. 
Sec. 4207. Broker guidance. 
Subtitle C—Commercial Motor Vehicle Driver Safety 
Sec. 4301. Commercial driver’s license for passenger carriers. 
Sec. 4302. Alcohol and controlled substances testing. 
Sec. 4303. Entry-level driver training. 
Sec. 4304. Driver detention time. 
Sec. 4305. Truck Leasing Task Force. 
Sec. 4306. Hours of service. 
Sec. 4307. Driver recruitment. 
Sec. 4308. Screening for obstructive sleep apnea. 
Sec. 4309. Women of Trucking Advisory Board. 
Sec. 4310. Application of commercial motor vehicle safety. 
Sec. 4311. Use of data. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6211
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
Subtitle D—Commercial Motor Vehicle and Schoolbus Safety 
Sec. 4401. Schoolbus safety standards. 
Sec. 4402. Illegal passing of schoolbuses. 
Sec. 4403. State inspection of passenger-carrying commercial motor vehicles. 
Sec. 4404. Automatic emergency braking. 
Sec. 4405. Underride protection. 
Sec. 4406. Transportation of horses. 
Sec. 4407. Additional State authority. 
Sec. 4408. Updating the required amount of insurance for commercial motor 
vehicles. 
Sec. 4409. Universal electronic identifier. 
TITLE V—INNOVATION 
Sec. 5001. Authorization of appropriations. 
Subtitle A—Research and Development 
Sec. 5101. Highway research and development program. 
Sec. 5102. Materials to reduce greenhouse gas emissions program. 
Sec. 5103. Transportation research and development 5-year strategic plan. 
Sec. 5104. University transportation centers program. 
Sec. 5105. Unsolicited research initiative. 
Sec. 5106. National cooperative multimodal freight transportation research pro-
gram. 
Sec. 5107. Wildlife-vehicle collision reduction and habitat connectivity improve-
ment. 
Sec. 5108. Research activities. 
Sec. 5109. Transportation equity research program. 
Sec. 5110. Surface transportation research, development, and technology. 
Sec. 5111. Metropolitan planning research pilot program. 
Subtitle B—Technology Deployment 
Sec. 5201. Technology and innovation deployment program. 
Sec. 5202. Accelerated implementation and deployment of pavement tech-
nologies. 
Sec. 5203. Federal Highway Administration Every Day Counts initiative. 
Subtitle C—Emerging Technologies 
Sec. 5301. Mobility through advanced technologies. 
Sec. 5302. Intelligent transportation systems program. 
Sec. 5303. National highly automated vehicle and mobility innovation clearing-
house. 
Sec. 5304. Study on safe interactions between automated vehicles and road 
users. 
Sec. 5305. Nontraditional and Emerging Transportation Technology Council. 
Sec. 5306. Surface transportation workforce retraining grant program. 
Sec. 5307. Third-party data integration pilot program. 
Sec. 5308. Third-party data planning integration pilot program. 
Sec. 5309. Automated Commercial Vehicle Reporting. 
Subtitle D—Surface Transportation Funding Pilot Programs 
Sec. 5401. State surface transportation system funding pilots. 
Sec. 5402. National surface transportation system funding pilot. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6211
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
Subtitle E—Miscellaneous 
Sec. 5501. Ergonomic seating working group. 
Sec. 5502. Repeal of section 6314 of title 49, United States Code. 
Sec. 5503. Transportation workforce outreach program. 
Sec. 5504. Advisory council on transportation statistics. 
Sec. 5505. GAO Review of Discretionary Grant Programs. 
TITLE VI—MULTIMODAL TRANSPORTATION 
Sec. 6001. National multimodal freight policy. 
Sec. 6002. National freight strategic plan. 
Sec. 6003. National multimodal freight network. 
Sec. 6004. State freight advisory committees. 
Sec. 6005. State freight plans. 
Sec. 6006. Study of freight transportation fee. 
Sec. 6007. National Surface Transportation and Innovative Finance Bureau. 
TITLE VII—TRANSPORTATION INFRASTRUCTURE FINANCE AND 
INNOVATION ACT 
Sec. 7001. Transportation Infrastructure Finance and Innovation Act. 
DIVISION C—HAZARDOUS MATERIALS TRANSPORTATION 
Sec. 8001. Short title. 
TITLE I—AUTHORIZATIONS 
Sec. 8101. Authorization of appropriations. 
TITLE II—HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT 
Sec. 8201. Repeal of certain requirements related to lithium cells and batteries. 
Sec. 8202. Transportation of liquefied natural gas by rail tank car. 
Sec. 8203. Hazardous materials training requirements and grants. 
Sec. 8204. Lithium battery approval. 
DIVISION D—RAIL 
Sec. 9001. Short title. 
TITLE I—AUTHORIZATIONS 
Sec. 9101. Authorization of appropriations. 
Sec. 9102. Passenger rail improvement, modernization, and expansion grants. 
Sec. 9103. Consolidated rail infrastructure and safety improvement grants. 
Sec. 9104. Railroad rehabilitation and improvement financing. 
Sec. 9105. Bridges, stations, and tunnels (BeST) grant program. 
Sec. 9106. Buy America. 
TITLE II—AMTRAK REFORMS 
Sec. 9201. Amtrak findings, mission, and goals. 
Sec. 9202. Amtrak status. 
Sec. 9203. Board of Directors. 
Sec. 9204. Amtrak preference enforcement. 
Sec. 9205. Use of facilities and providing services to Amtrak. 
Sec. 9206. Prohibition on mandatory arbitration. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6211
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
Sec. 9207. Amtrak ADA assessment. 
Sec. 9208. Prohibition on smoking on Amtrak trains. 
Sec. 9209. State-supported routes operated by Amtrak. 
Sec. 9210. Amtrak Police Department. 
Sec. 9211. Amtrak food and beverage. 
Sec. 9212. Clarification on Amtrak contracting out. 
Sec. 9213. Amtrak staffing. 
Sec. 9214. Special transportation. 
Sec. 9215. Disaster and emergency relief program. 
Sec. 9216. Access to recreational trails. 
Sec. 9217. Amtrak cybersecurity enhancement and resiliency grant program. 
Sec. 9218. Amtrak and private cars. 
Sec. 9219. Amtrak Office of Community Outreach. 
Sec. 9220. Long-distance customer enhancement program. 
Sec. 9221. Amtrak carbon-free and renewable energy initiatives. 
TITLE III—INTERCITY PASSENGER RAIL POLICY 
Sec. 9301. Northeast Corridor Commission. 
Sec. 9302. Northeast Corridor planning. 
Sec. 9303. Protective arrangements. 
Sec. 9304. Interstate rail compacts. 
Sec. 9305. High-speed rail updates. 
Sec. 9306. State rail planning formula funds. 
TITLE IV—COMMUTER RAIL POLICY 
Sec. 9401. Surface Transportation Board mediation of trackage use requests. 
Sec. 9402. Surface Transportation Board mediation of rights-of-way use re-
quests. 
TITLE V—RAIL SAFETY 
Subtitle A—Passenger and Freight Safety 
Sec. 9501. Study on safety impact of long trains. 
Sec. 9502. FRA safety reporting. 
Sec. 9503. Waiver notice requirements. 
Sec. 9504. Notice of FRA comprehensive safety culture assessments. 
Sec. 9505. FRA accident and incident investigations. 
Sec. 9506. Freight train crew size safety standards. 
Sec. 9507. Border crossings. 
Sec. 9508. Yardmasters hours of service. 
Sec. 9509. Leaking brakes. 
Sec. 9510. Report on PTC system failures. 
Sec. 9511. Fatigue reduction management plans. 
Sec. 9512. Assault prevention and response plans. 
Sec. 9513. Critical incident stress plans. 
Sec. 9514. Crewmember certification and qualification. 
Sec. 9515. Safety management team communication. 
Sec. 9516. GAO study on reorganization of Office of Railroad Safety. 
Sec. 9517. Open-top rail car public input. 
Sec. 9518. New passenger service pre-revenue safety validation plan. 
Sec. 9519. Safety oversight of nontraditional and emerging rail technologies. 
Subtitle B—Grade Crossing Safety 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6211
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
Sec. 9551. Highway-rail grade crossing separation grants. 
Sec. 9552. Rail safety public awareness grant. 
Sec. 9553. Establishment of 10-minute time limit for blocking public highway- 
rail grade crossings. 
Sec. 9554. National blocked crossing database. 
Sec. 9555. Railroad point of contact for blocked crossing matters. 
Sec. 9556. National highway-rail crossing inventory review. 
Sec. 9557. Railroad trespassing enforcement grants. 
Sec. 9558. Railroad trespassing suicide prevention grants. 
Sec. 9559. Including railroad suicides. 
Sec. 9560. Report on safety measures required for Quiet Zones. 
TITLE VI—MISCELLANEOUS 
Sec. 9601. Rail network climate change vulnerability assessment. 
Sec. 9602. Advance acquisition. 
Sec. 9603. University rail climate innovation grant program. 
Sec. 9604. Workforce diversity and development. 
Sec. 9605. Requirements for railroad freight cars entering service in United 
States. 
SEC. 3. REFERENCES. 
Except as expressly provided otherwise, any reference 
to ‘‘this Act’’ contained in any division of this Act shall 
be treated as referring only to the provisions of that divi-
sion. 
DIVISION A—FEDERAL SURFACE 
TRANSPORTATION 
PRO-
GRAMS 
FOR 
FISCAL 
YEAR 
2022 
SEC. 101. DEFINITIONS. 
In this division, the following definitions apply: 
(1) HIGHWAY ACCOUNT.—The term ‘‘Highway 
Account’’ means the portion of the Highway Trust 
Fund that is not the Mass Transit Account. 
(2) MASS TRANSIT ACCOUNT.—The term ‘‘Mass 
Transit Account’’ means the portion of the Highway 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
Trust Fund established under section 9503(e)(1) of 
the Internal Revenue Code of 1986. 
(3) 
MEMBER
DESIGNATED
PROJECT.—The 
term ‘‘member designated project’’ means a project 
listed in the table in section 107. 
(4) MEMBER DESIGNATED PROJECT FUNDS.— 
The term ‘‘member designated project funds’’ means 
funds reserved under subsections (d)(1)(B)(i), 
(f)(1)(A), and (g)(1)(A) to carry out member des-
ignated projects listed in the table in section 107(c). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(6) STATE.—The term ‘‘State’’ means the 50 
States and the District of Columbia. 
(7) TERRITORY.—The term ‘‘territory’’ means 
any of the following territories of the United States: 
(A) American Samoa. 
(B) The Commonwealth of the Northern 
Mariana Islands. 
(C) Guam. 
(D) The United States Virgin Islands. 
SEC. 102. EXTENSION OF FEDERAL SURFACE TRANSPOR-
TATION PROGRAMS. 
(a) EXTENSION OF FEDERAL SURFACE TRANSPOR-
TATION PROGRAMS.— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(1) IN GENERAL.—Unless otherwise provided in 
this division, the requirements, authorities, condi-
tions, eligibilities, limitations, and other provisions 
authorized under the covered laws, which would oth-
erwise expire on or cease to apply after September 
30, 2021, are incorporated by reference and shall 
continue in effect through September 30, 2022. 
(2) AUTHORIZATION OF APPROPRIATIONS.— 
(A) HIGHWAY TRUST FUND.— 
(i) HIGHWAY ACCOUNT.— 
(I) IN GENERAL.—Except as pro-
vided in subclause (II), there is au-
thorized to be appropriated from the 
Highway Account for fiscal year 2022, 
for each program under the covered 
laws with respect to which amounts 
are authorized to be appropriated 
from such account for fiscal year 
2021, an amount equal to the amount 
authorized for appropriation with re-
spect to the program from such ac-
count for fiscal year 2021. 
(II) 
ADMINISTRATIVE
EX-
PENSES.—Notwithstanding any other 
provision of this division, there is au-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
thorized to be appropriated from the 
Highway Account for fiscal year 
2022— 
(aa) $516,000,000 for ad-
ministrative expenses of the Fed-
eral Highway Administration, as 
described in section 104(a) of 
title 23, United States Code; and 
(bb) $30,086,000 for grant 
administrative expenses of the 
National Highway Traffic Safety 
Administration, as described in 
section 4001(a)(6) of the FAST 
Act (Public Law 114–94). 
(ii) MASS TRANSIT ACCOUNT.— 
(I) IN GENERAL.—There is au-
thorized to be appropriated from the 
Mass Transit Account for fiscal year 
2022, for each program under the 
covered laws with respect to which 
amounts are authorized to be appro-
priated from such account for fiscal 
year 2021, an amount equal to the 
amount authorized for appropriation 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
with respect to the program from such 
account for fiscal year 2021. 
(II) CONDITION FOR APPORTION-
MENT.—No funds authorized in this 
division or any other Act may be used 
to adjust Mass Transit Account ap-
portionments or withhold funds from 
Mass Transit Account apportionments 
pursuant to section 9503(e)(4) of the 
Internal Revenue Code of 1986 in fis-
cal year 2022. 
(B) GENERAL FUND.— 
(i) IN GENERAL.—Except as provided 
in clauses (ii) and (iii), there is authorized 
to be appropriated for fiscal year 2022, for 
each program under covered laws with re-
spect to which amounts are authorized to 
be appropriated for fiscal year 2021 from 
an account other than the Highway Ac-
count or the Mass Transit Account, an 
amount not less than the amount author-
ized for appropriation with respect to the 
program under the covered laws for fiscal 
year 2021. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(ii) ADMINISTRATIVE
EXPENSES.— 
Notwithstanding any other provision of 
this division, there is authorized to be ap-
propriated from the general fund of the 
Treasury 
for 
fiscal 
year 
2022 
$131,500,000 for necessary administrative 
expenses of the Federal Transit Adminis-
tration. 
(iii) CAPITAL INVESTMENT GRANTS.— 
Notwithstanding any other provision of 
this division, there is authorized to be ap-
propriated from the general fund of the 
Treasury 
for 
fiscal 
year 
2022 
$3,250,000,000 to carry out section 5309 
of title 49, United States Code. 
(3) USE OF FUNDS.—Except as otherwise pro-
vided in this division, amounts authorized to be ap-
propriated for fiscal year 2022 with respect to a pro-
gram under paragraph (2) shall be distributed, ad-
ministered, limited, and made available for obliga-
tion in the same manner as amounts authorized to 
be appropriated with respect to the program for fis-
cal year 2021 under the covered laws. 
(4) OBLIGATION LIMITATION.— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(A) IN GENERAL.—Except as provided in 
subparagraph (B), a program for which 
amounts are authorized to be appropriated 
under paragraph (2)(A) shall be subject to a 
limitation on obligations for fiscal year 2022 in 
the same amount and in the same manner as 
the limitation applicable with respect to the 
program for fiscal year 2021 under the title I 
of the Transportation, Housing and Urban De-
velopment, and Related Agencies Appropria-
tions Act, 2021 (Public Law 116–260). 
(B) FEDERAL-AID HIGHWAY AND HIGHWAY 
SAFETY CONSTRUCTION PROGRAMS.— 
(i) IN
GENERAL.—Notwithstanding 
any other provision of this section, section 
1102 of the FAST Act (Public Law 114– 
94), section 1101 of title I of division B of 
the Continuing Appropriations Act, 2021 
and Other Extensions Act (Public Law 
116–159), or title I of the Transportation, 
Housing and Urban Development, and Re-
lated Agencies Appropriations Act, 2021 
(Public Law 116–260), for fiscal year 
2022, the obligations for Federal-aid high-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
way and highway safety construction pro-
grams shall not exceed $46,400,294,311. 
(ii) LIMITATION ON FEDERAL HIGH-
WAY
ADMINISTRATION
ADMINISTRATIVE 
EXPENSES.—Notwithstanding any other 
provision of this section, of the amount de-
scribed in clause (i), for fiscal year 2022 
an amount not to exceed $492,000,000 to-
gether with advances and reimbursements 
received by the Federal Highway Adminis-
tration, shall be obligated for necessary ex-
penses for administration and operation of 
the Federal Highway Administration or 
transferred to the Appalachian Regional 
Commission for administrative activities 
associated with the Appalachian Develop-
ment Highway System. 
(b) NATIONALLY SIGNIFICANT FREIGHT AND HIGH-
WAY PROJECTS.—Section 117(d)(2)(A) of title 23, United 
States Code, is amended in the matter preceding clause 
(i)— 
(1) by striking ‘‘$600,000,000’’ and inserting 
‘‘$700,000,000’’; and 
(2) by striking ‘‘2021’’ and inserting ‘‘2022’’. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(c) DISADVANTAGED BUSINESS ENTERPRISES.—Sec-
tion 1101(b) of the FAST Act (Public Law 114–94) (ex-
cept for the requirements related to gross receipts under 
paragraph (2)(A)(ii) of such section) shall apply to 
amounts made available under sections 102, 103, 104 of 
this division. 
(d) DEFINITIONS.—In this section, the term ‘‘covered 
laws’’ means the following: 
(1) Section 1101 of title I of division B of the 
Continuing Appropriations Act, 2021 and Other Ex-
tensions Act (Public Law 116–159). 
(2) Titles I, III, IV, V, and VI of division A of 
the FAST Act (Public Law 114–94). 
(3) Division A, division B, subtitle A of title I 
and title II of division C, and division E of MAP– 
21 (Public Law 112–141). 
(4) Titles I, II, and III of the SAFETEA–LU 
Technical Corrections Act of 2008 (Public Law 110– 
244). 
(5) Titles I, II, III, IV, V, and VI of 
SAFETEA–LU (Public Law 109–59). 
(6) Titles I, II, III, IV, and V of the Transpor-
tation Equity Act for the 21st Century (Public Law 
105–178). 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(7) Titles II, III, and IV of the National High-
way System Designation Act of 1995 (Public Law 
104–59). 
(8) Title I, part A of title II, title III, title IV, 
title V, and title VI of the Intermodal Surface 
Transportation Efficiency Act of 1991 (Public Law 
102–240). 
(9) Title 23, United States Code. 
(10) Sections 116, 117, 330, and 5505 and 
chapters 53, 139, 303, 311, 313, 701, and 702 of 
title 49, United States Code. 
SEC. 103. ADDITIONAL AMOUNTS FOR THE FEDERAL-AID 
HIGHWAY 
PROGRAM 
AND 
MEMBER 
DES-
IGNATED PROJECTS. 
(a) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—In addition to amounts au-
thorized under section 102, there is authorized to be 
appropriated from the Highway Account for fiscal 
year 2022, for activities under this section, 
$14,742,808,640. 
(2) CONTRACT AUTHORITY.—Amounts author-
ized to be appropriated under paragraph (1) shall be 
available for obligation as if apportioned under chap-
ter 1 of title 23, United States Code. 
(b) OBLIGATION AUTHORITY.— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(1) IN GENERAL.— 
(A) AMOUNT.—Notwithstanding any other 
provision of law, for fiscal year 2022, obliga-
tions for activities authorized under subsection 
(a) shall not exceed $14,742,808,640. 
(B) PERIOD OF AVAILABILITY.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), obligation authority made 
available under this paragraph shall— 
(I) remain available until Sep-
tember 30, 2025; and 
(II) be in addition to the amount 
of any limitation imposed on obliga-
tions for Federal-aid highway and 
highway safety construction programs 
for fiscal year 2022 under section 102 
or future fiscal years under any other 
provision of law. 
(ii) EXCEPTION.—Except as provided 
in subsection (i)(2)(E), obligation author-
ity associated with a member designated 
project shall remain available until ex-
pended. 
(2) DISTRIBUTION
OF
OBLIGATION
AUTHOR-
ITY.— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(A) IN GENERAL.—Of the obligation au-
thority provided under paragraph (1), the Sec-
retary shall make available to States, Tribes, 
Puerto Rico, the territories, and Federal land 
management agencies, during the period of fis-
cal year 2022, amounts of obligation authority 
equal to the amounts described in paragraphs 
(1) through (5) of subsection (c), respectively. 
(B) 
FURTHER
DISTRIBUTION.—Each 
State, each Tribe, Puerto Rico, each territory, 
and each Federal land management agency re-
ceiving funds under paragraphs (1) through (5) 
of subsection (c), respectively, shall receive an 
amount of obligation authority equal to the 
funds received under any of such paragraphs. 
(c) DISTRIBUTION OF FUNDS.—Amounts authorized 
to be appropriated for fiscal year 2022 under subsection 
(a) shall be distributed as follows: 
(1) $14,343,545,973 to the States. 
(2) $167,481,814 to Tribes. 
(3) $52,400,251 to Puerto Rico. 
(4) $55,012,918 to the territories. 
(5) $124,367,684 to Federal land management 
agencies. 
(d) SUPPLEMENTAL STATE FUNDS.— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(1) DISTRIBUTION.— 
(A) AMONG STATES.—Amounts distributed 
to States under subsection (c)(1) shall be dis-
tributed among the States in the same ratio as 
total 
State 
apportionments 
under 
section 
104(c)(1) of title 23, United States Code, in fis-
cal year 2022. 
(B) WITHIN A STATE.—Of the amount dis-
tributed to a State under subparagraph (A)— 
(i) the amount specified in section 
107 for each member designated project in 
the State shall be reserved to carry out 
such project; and 
(ii) any remaining amount shall be 
available to the State under paragraph (2). 
(2) TREATMENT.—Funds made available under 
paragraph (1)(B)(ii) shall be— 
(A) available for activities eligible under 
section 133(b) of title 23, United States Code, 
subject to subsection (c) of such section; and 
(B) administered as if apportioned under 
chapter 1 of title 23, United States Code. 
(e) TRIBAL FUNDS.—Amounts distributed to Tribes 
under subsection (c)(2) shall be— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(1) available for activities eligible under the 
tribal transportation program under section 202 of 
title 23, United States Code; and 
(2) administered as if allocated under section 
202 of title 23, United States Code, except that the 
set-aside described in subparagraph (C) of section 
202(b)(3) of such title and subsections (a)(6), (c), 
(d), and (e) of section 202 of such title shall not 
apply to such funds. 
(f) PUERTO RICO FUNDS.— 
(1) DISTRIBUTION.—Of the amount distributed 
to Puerto Rico under subsection (c)(3)— 
(A) the amount specified in section 107 for 
each member designated project in Puerto Rico 
shall be reserved to carry out such project; and 
(B) any remaining amount shall be avail-
able to Puerto Rico under paragraph (2). 
(2) TREATMENT.—Funds made available under 
paragraph (1)(B) shall be— 
(A) administered as if allocated under sec-
tion 165(b) of title 23, United States Code; 
(B) available for activities described under 
paragraph (2)(C)(iii) of such section; and 
(C) not subsection to subparagraph (A) or 
(B) of paragraph (2) of such section. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(g) TERRITORIAL FUNDS.— 
(1) DISTRIBUTION.—Of the amount distributed 
to a territory under subsection (c)(4)— 
(A) the amount specified in section 107 for 
each member designated project in the territory 
shall be reserved to carry out such project; 
(B) of amounts remaining after the dis-
tribution under subparagraph (A), not more 
than $1,392,918 shall be made available to 
American Samoa; and 
(C) any remaining amount shall be avail-
able to the territories as described under para-
graph (2). 
(2) TREATMENT.—Funds made available under 
subparagraphs (B) and (C) of paragraph (1) shall 
be administered as if allocated under, and available 
for activities described under, section 165(c) of title 
23, United States Code. 
(h) 
FEDERAL
LAND
MANAGEMENT
AGENCY 
FUNDS.— 
(1) 
DISTRIBUTION.—Amounts 
distributed 
under subsection (c)(5) shall be distributed among 
the Federal land management agencies as follows: 
(A) $99,494,147 for the National Park 
Service. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(B) $9,949,415 for the United States Fish 
and Wildlife Service. 
(C) $6,301,296 for the United States For-
est Service. 
(D) $8,622,826 to be allocated to the re-
maining Federal land management agencies de-
scribed in section 203(b) of title 23, United 
States Code. 
(2) TREATMENT.—Funds made available under 
paragraph (1) shall be— 
(A) available for activities eligible under 
the Federal lands transportation program under 
section 203 of title 23, United States Code; and 
(B) administered as if allocated under sec-
tion 203 of title 23, United States Code. 
(i) MEMBER DESIGNATED PROJECTS.— 
(1) TREATMENT.— 
(A) IN
GENERAL.—Member designated 
project funds shall be available until expended, 
except as specified in paragraph (2)(C)(iv). 
(B) REQUIREMENTS.— 
(i) IN GENERAL.—Except as specified 
in paragraph (2)(C)(iv) or clauses (ii) or 
(iii), member designated project funds 
shall be administered as if apportioned— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(I) for a project eligible under 
chapter 1 of title 23, United States 
Code, under such chapter; 
(II) for a project eligible under 
chapter 2 of title 23, United States 
Code, under such chapter; or 
(III) for a project eligible under 
chapter 53 of title 49, United States 
Code, under such chapter. 
(ii) 
FEDERAL
SHARE.—Notwith-
standing any other provision of law, the 
Federal share of the cost of a project as-
sisted with member designated project 
funds shall be determined in accordance 
with section 120 of title 23, United States 
Code, or, in the case of a transit capital 
project, may be determined in accordance 
with section 5323(i)(1) of title 49, United 
States Code, if applicable. 
(iii) TRANSIT PROJECTS.— 
(I) TRANSFERS.—Member des-
ignated project funds made available 
for 
transit 
capital 
and 
planning 
projects may be transferred to, and 
administered by, the Secretary in ac-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
cordance with section 104(f) of title 
23, United States Code. 
(II) DESIGNATED RECIPIENTS.— 
Member designated project authoriza-
tions specified in section 107 distrib-
uted to a State for transit capital and 
planning projects shall be made avail-
able for obligation to a designated or 
direct recipient or subrecipient under 
chapter 53 of title 49, United States 
Code, as specified in section 107 or, if 
no such eligible recipient is identified, 
to the designated recipient in the loca-
tion specified in such section. 
(2) REPURPOSING OF FUNDS.— 
(A) IN GENERAL.— 
(i) REQUEST.—Beginning on October 
1, 2025, except as described in clause (ii), 
if less than 10 percent of the amount re-
served for a member designated project for 
a State, Puerto Rico, or territory has been 
obligated, the State, Puerto Rico, or a ter-
ritory, respectively, may submit to the Sec-
retary, a request to use, under subpara-
graph (B)— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(I) the unobligated amount re-
served for the member designated 
project; and 
(II) the obligation authority that 
is associated with such amount. 
(ii) COMPLETED
PROJECTS.—If the 
project has been completed and an unobli-
gated amount remains reserved for a mem-
ber designated project, a State, Puerto 
Rico, or territory may submit to the Sec-
retary certification that such project has 
been completed (and the Secretary shall 
verify such completion). Upon verification, 
the State, Puerto Rico, or territory, respec-
tively, may use, under subparagraph (B)— 
(I) the unobligated amount re-
served for the member designated 
project; and 
(II) the obligation authority that 
is associated with such amount. 
(B) CONSIDERATIONS.—In making the de-
termination under subparagraph (A)(i), the 
Secretary shall— 
(i) consider whether the member des-
ignated project can be completed with the 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
amount reserved for the member des-
ignated project and other committed funds; 
(ii) determine whether the public enti-
ty serving as the project sponsor listed in 
the Committee Report, or any subsequent 
report superceding such Committee Re-
port, accompanying this Act supports the 
proposed repurposing; and 
(iii) 
ensure 
that 
the 
proposed 
repurposing would be used for a project 
with the same eligible project type. 
(C) TREATMENT.—Funds for which the 
Secretary approves a request or verifies a com-
pleted project under subparagraph (A)— 
(i) may be used and shall be treated— 
(I) for a request by a State, as if 
such amount was made available 
under subsection (d)(1)(B)(ii); 
(II) for a request by Puerto Rico, 
as if such amount was made available 
under subsection (f)(1)(B); and 
(III) for a request by a territory, 
as if such amount was made available 
under subsection (g)(1)(C); 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(ii) shall be used within the location 
described in subparagraph (D)(ii); 
(iii) shall be subject to the Federal 
share specified in section 120 of title 23, 
United States Code, or, in the case of a 
transit capital project, may be determined 
in accordance with section 5323(i)(1) of 
title 49, United States Code, as applicable; 
and 
(iv) 
notwithstanding 
paragraph 
(1)(A)(ii), shall remain available for obliga-
tion for a period of 3 fiscal years after the 
last day of the fiscal year in which the Sec-
retary approves the request. 
(D) LOCATION OF PROJECTS.—Funds for 
which the Secretary approves a request under 
subparagraph (A) shall— 
(i) for funds specified in section 107 
to be used within a metropolitan planning 
area (as such term is defined in section 
134(b) of title 23, United States Code), 
applied to an activity within or predomi-
nantly serving such metropolitan area; 
(ii) for funds specified in section 107 
to be used within a political subdivision of 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
a State, applied to an activity within or 
predominantly serving such political sub-
division; 
(iii) for funds specified in section 107 
to be used within Puerto Rico, applied to 
an activity within Puerto Rico; and 
(iv) for funds specified in section 107 
to be used within a territory, applied to an 
activity within such territory. 
(E) OBLIGATION
AUTHORITY.—Notwith-
standing subsection (b)(1)(B)(ii), obligation au-
thority that is repurposed under this paragraph 
shall remain available for obligation for a period 
of 3 fiscal years after the last day of the fiscal 
year in which the Secretary approves the re-
quest or verifies the completed project under 
subparagraph (A). 
SEC. 104. FEDERAL TRANSIT ADMINISTRATION. 
(a) ALL STATIONS ACCESSIBILITY PROGRAM.— 
(1) IN
GENERAL.—The Secretary may make 
grants under this subsection to assist eligible entities 
in financing capital projects to upgrade accessibility 
for persons with disabilities by increasing the num-
ber of covered stations that meet (including exceed-
ing) the new construction standards of title II of the 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
Americans with Disabilities Act of 1990 (42 U.S.C. 
12131 et seq.). 
(2) ELIGIBLE COSTS.—A grant awarded under 
this section shall be used on a covered system for 
the purpose described in paragraph (1) only— 
(A) for a project to repair, improve, or re-
locate station infrastructure at a covered sta-
tion; 
(B) to develop or modify a plan for pur-
suing 
public 
transportation 
accessibility 
projects; or 
(C) to carry out other projects at covered 
stations that meet (including exceeding) the 
new construction standards of title II of the 
Americans with Disabilities Act of 1990 (42 
U.S.C. 12131 et seq.). 
(3) ELIGIBLE FACILITIES.—The Secretary— 
(A) may not provide a grant awarded 
under this subsection to upgrade a station that 
is accessible to and usable by individuals with 
disabilities, including individuals who use wheel-
chairs, consistent with current new construction 
standards under title II the Americans with 
Disabilities Act of 1990 (42 U.S.C. 1231 et 
seq.); and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(B) may provide a grant to upgrade a sta-
tion that is not accessible and usable as de-
scribed in paragraph (1), even if related serv-
ices, programs, or activities, when viewed in en-
tirety, are readily accessible and usable as so 
described. 
(4) APPLICATION.—To apply for a grant under 
this subsection, an applicant shall provide to the 
Secretary such information as the Secretary may re-
quire, including, at a minimum, information on— 
(A) the extent to which the proposed 
project will increase the accessibility of a cov-
ered system; 
(B) projected improvements in access to 
jobs, community activities, and essential des-
tinations provided by such project; 
(C) the applicant’s plans to— 
(i) enhance the customer experience 
and maximize accessibility of rolling stock 
and stations for individuals with disabil-
ities; 
(ii) improve the operations of, provide 
efficiencies of service to, and enhance the 
public transportation system for individ-
uals with disabilities; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(iii) address equity of service to all 
riders regardless of ability, including for 
riders of differing abilities that are low-in-
come, seniors, or riders from communities 
of color; and 
(D) coordination between the applicant 
and disability advocacy entities. 
(5) FEDERAL SHARE.—The Federal share of 
the net project cost of a grant provided under this 
subsection shall be 90 percent. The recipient may 
provide additional local matching amounts. 
(6) GRANT REQUIREMENTS.—Except as other-
wise provided under this subsection, a grant pro-
vided under this subsection shall be subject to the 
requirements of section 5307 of title 49, United 
States Code. 
(7) GRANT SOLICITATION.—The Secretary may 
provide funds authorized under this subsection 
through 1 or more notices of funding opportunity. 
(8) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated from the 
Mass Transit Account $1,000,000,000 for fiscal 
year 2022 to provide grants under this subsection. 
(9) AVAILABILITY
OF
AMOUNTS.—Amounts 
made available under this subsection shall be avail-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
able for a period of 4 fiscal years after the fiscal 
year in which the amount is made available. 
(10) DEFINITIONS.—In this section: 
(A) COVERED STATION.—The term ‘‘cov-
ered station’’ means a rail fixed guideway pub-
lic transportation station for passenger use con-
structed prior to the date of enactment of this 
Act. 
(B) COVERED
SYSTEM.—The term ‘‘cov-
ered system’’ means a rail fixed guideway pub-
lic transportation system that was in operation 
before July 26, 1990. 
(C) DISABILITY.—The term ‘‘disability’’ 
has the meaning given such term in section 3 
of the Americans with Disabilities Act of 1990 
(42 U.S.C. 12102). 
(D) ELIGIBLE ENTITY.—The term ‘‘eligi-
ble entity’’ means a State or local governmental 
authority that operates a rail fixed guideway 
public transportation system that was in oper-
ation before July 26, 1990. 
(b) REDUCING TRANSIT DESERTS.— 
(1) IN
GENERAL.—The Secretary may make 
grants under this subsection to eligible recipients for 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
eligible projects to establish new bus service or in-
crease the frequency of bus service. 
(2) ELIGIBLE
PROJECTS.—Eligible projects 
under this subsection are projects in eligible areas— 
(A) to establish or enhance bus service 
with headways equal to or shorter than 20 min-
utes for at least 18 hours per day in neighbor-
hoods lacking such service; or 
(B) to establish or increase express lane 
transit service that connects communities to 
jobs and essential destinations, as long as such 
service will improve mobility or expand afford-
able transportation options in underserved com-
munities. 
(3) ELIGIBLE COSTS.—Eligible costs under this 
section include— 
(A) acquisition of vehicles; 
(B) acquisition, installation, and construc-
tion of bus stops, stations, and related infra-
structure; 
(C) construction or expansion of mainte-
nance facilities to support the new or enhanced 
service; 
(D) maintenance activities to support the 
expanded service; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(E) operating expenses for up to 2 years 
beginning on the first day of revenue service. 
(4) APPLICATION.—To apply for a grant under 
this subsection, an applicant shall provide to the 
Secretary such information as the Secretary may re-
quire, including information on the extent to which 
the project will— 
(A) provide reliable and frequent connec-
tions to jobs and essential destinations; 
(B) reduce air pollution and greenhouse 
gas emissions; and 
(C) support unserved and underserved pop-
ulations and communities. 
(5) FEDERAL SHARE.— 
(A) IN GENERAL.—The Federal share of 
the net project cost of a capital project carried 
out using a grant under this subsection shall be 
80 percent. The recipient may provide addi-
tional local matching amounts. 
(B) 
OPERATING
COSTS.—The 
Federal 
share of net operating costs for a project car-
ried out using a grant under this subsection 
shall be not more than 50 percent. 
(6) GRANT REQUIREMENTS.— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(A) IN GENERAL.—A grant under this sub-
section shall be subject to the requirements of 
section 5307 of title 49, United States Code, 
for eligible recipients, except operating expenses 
shall be eligible for funding under this sub-
section for 2 years beginning on the first day 
of revenue service in urbanized areas with popu-
lations greater than 200,000. 
(B) NEW
OR
ENHANCED
SERVICE.—The 
new or enhanced service funded under this sub-
section shall be operated for a period of at least 
5 years. 
(7) GRANT SOLICITATION.—The Secretary may 
provide funds authorized under this subsection 
through 1 or more notices of funding opportunity. 
(8) JUSTICE40 INITIATIVE.—In making com-
petitive grants under this subsection, the Secretary 
shall, to the extent practicable, have a goal that 40 
percent of the overall benefits of the Federal invest-
ment flow to disadvantaged communities, consistent 
with sections 219 and 223 of Executive Order 14008 
and related regulations, Executive Orders, and ad-
ministrative guidance. 
(9) AVAILABILITY OF AMOUNTS.—Any amounts 
made available under this subsection— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(A) shall remain available for 2 fiscal years 
after the fiscal year for which the amount is 
made available; and 
(B) that remain unobligated at the end of 
the period described in subparagraph (A) shall 
be made available to other eligible projects. 
(10) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated out of the 
Mass Transit Account $1,000,000,000 for fiscal 
year 2022 to provide grants under this subsection. 
(11) DEFINITIONS.—In this subsection: 
(A) ELIGIBLE AREA.—The term ‘‘eligible 
area’’ means a neighborhood or service area, as 
defined by the Secretary, within an urbanized 
area that has a population of more than 
100,000 where fewer than 45,000 annual fixed 
route bus vehicle revenue miles per square mile 
are operated. 
(B) ELIGIBLE RECIPIENT.—The term ‘‘eli-
gible recipient’’ means— 
(i) designated recipients that allocate 
funds to fixed route bus operators or ex-
press lane transit operators; or 
(ii) State or local governmental enti-
ties that operate or propose to operate 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
fixed route bus service or express lane 
transit. 
(C) EXPRESS LANE TRANSIT.—The term 
‘‘express lane transit’’ means an integrated 
combination of bus rapid transit and tolled 
managed lanes that allows for limited access 
entry of toll paying vehicles to restricted lanes, 
while prioritizing transit’s need and use of 
available capacity in order to improve transit 
performance. 
(c) FEDERAL SHARE ADJUSTMENTS.— 
(1) IN
GENERAL.—In addition to amounts 
made available under section 5338(b) of title 49, 
United States Code, and section 102(a)(2)(B)(iii) of 
this division, there are authorized to be appropriated 
for fiscal year 2022 such sums as may be necessary 
to increase the Federal share, at the request of the 
project sponsor, of a new fixed guideway, a core ca-
pacity improvement, or a small starts project that is 
not open to revenue service and that has received an 
allocation of funding in fiscal years 2019, 2020, or 
2021. 
(2) CONSIDERATIONS.—In making allocations 
under subparagraph (1), the Secretary shall take 
into consideration the extent to which the project 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
sponsor demonstrates a need for a higher Federal 
share, including the extent to which— 
(A) a project sponsor made a local finan-
cial commitment that exceeded the required 
non-Federal share of the cost of the project; 
(B) a project sponsor has experienced, as 
a result of the coronavirus public health emer-
gency, a loss of non-Federal revenues that were 
intended to support the project. 
(3) ADJUSTMENT.—Notwithstanding any other 
provision of law, the Secretary may increase the 
Federal share of a project under this section by up 
to 30 percent, up to a maximum of an 80 percent 
Federal share. 
(4) AMOUNT.—Amounts distributed under this 
subsection shall be provided notwithstanding the lim-
itation of any calculation of the maximum amount of 
Federal financial assistance for the project for a new 
fixed guideway, a core capacity improvement, or a 
small start project. 
SEC. 105. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINIS-
TRATION. 
(a) SPECIAL FUNDING FOR FISCAL YEAR 2022.— 
(1) IN GENERAL.— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—In addition to amounts authorized 
under section 102, there is authorized to be ap-
propriated from the Highway Account for fiscal 
year 2022, for activities under this subsection, 
$244,514,000. 
(B) CONTRACT AUTHORITY.—Amounts au-
thorized under subparagraph (A) shall be avail-
able for obligation in the same manner as if 
such funds were apportioned under chapter 1 of 
title 23, United States Code. 
(C) OBLIGATION
LIMITATION.—Notwith-
standing any other provision of law, for fiscal 
year 2022, obligations for activities authorized 
under this paragraph and obligations for activi-
ties 
authorized 
under 
section 
102(a)(2)(A)(i)(II)(bb) that exceed amounts au-
thorized under section 4001(a)(6) of the FAST 
Act (Public Law 114–94) shall not exceed 
$247,783,000. 
(2) DISTRIBUTION
OF
FUNDS.—Amounts au-
thorized to be appropriated for fiscal year 2022 
under paragraph (1) shall be distributed as follows: 
(A) $105,000,000 for carrying out section 
402 of title 23, United States Code. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(B) $15,312,000 for carrying out section 
403 of title 23, United States Code. 
(C) $19,202,000 for carrying out section 
404 of title 23, United States Code. 
(D) $105,000,000 for carrying out section 
405 of title 23, United States Code. 
(b) COOPERATIVE RESEARCH AND EVALUATION.— 
Notwithstanding the apportionment formula set forth in 
section 402(c)(2) of title 23, United States Code, and sec-
tion 403(f)(1) of title 23, United States Code, $2,500,000 
of the total amount available for apportionment to the 
States for highway safety programs under section 
402(c)(2) of title 23, United States Code, fiscal year 2022, 
shall be available for expenditure by the Secretary, acting 
through the Administrator of the National Highway Traf-
fic Safety Administration, for a cooperative research and 
evaluation program to research and evaluate priority high-
way safety countermeasures. 
SEC. 106. FEDERAL MOTOR CARRIER SAFETY ADMINISTRA-
TION. 
(a) SPECIAL FUNDING FOR FISCAL YEAR 2022.— 
(1) AUTHORIZATION OF APPROPRIATIONS.— 
(A) IN GENERAL.—In addition to amounts 
authorized under section 102, there is author-
ized to be appropriated from the Highway Ac-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
count for fiscal year 2022, for activities under 
this subsection, $209,900,000. 
(B) OBLIGATION
LIMITATION.—Notwith-
standing any other provision of law, for fiscal 
year 2022, obligations for activities authorized 
under 
this 
paragraph 
shall 
not 
exceed 
$209,900,000. 
(2) DISTRIBUTION
OF
FUNDS.—Amounts au-
thorized to be appropriated for fiscal year 2022 
under paragraph (1) shall be distributed as follows: 
(A) Subject to section 31104(c) of title 49, 
United States Code— 
(i) $80,512,000 for carrying out sec-
tion 31102 (except subsection (l)) of title 
49, United States Code); 
(ii) $14,208,000 for carrying out sec-
tion 31102(l) of title 49, United States 
Code; and 
(iii) $23,680,000 for carrying out sec-
tion 31313 of title 49, United States Code. 
(B) $91,500,000 for carrying out section 
31110 of title 49, United States Code. 
(3) TREATMENT
OF
FUNDS.—Amounts made 
available under this section shall be made available 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
for obligation and administered as if made available 
under chapter 311 of title 49, United States Code. 
(b) ADMINISTRATIVE
EXPENSES.—The Adminis-
trator of the Federal Motor Carrier Safety Administration 
shall ensure that funds made available under subsection 
(a)(2)(B) are used, to the maximum extent practicable, 
to support— 
(1) the acceleration of planned investments to 
modernize the Administration’s information tech-
nology and information management systems; 
(2) the completion of outstanding statutory 
mandates required by MAP–21 (112–141) and the 
FAST Act (114–94); and 
(3) a Large Truck Crash Causal Factors Study 
of the Administration. 
SEC. 107. MEMBER DESIGNATED PROJECT AUTHORIZA-
TIONS. 
(a) MEMBER DESIGNATED PROJECTS.—The amount 
listed for each member designated project in the table in 
subsection (c) shall be available (from amounts made 
available by paragraphs (1), (3), and (4) of section 103(c)) 
for fiscal year 2022 to carry out each such project. 
(b) SAVINGS CLAUSE.— 
(1) ADDITIONAL
INFORMATION.—In admin-
istering member designated projects, the Secretary 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
shall consider the additional information provided in 
the Committee Report, or any subsequent report 
superceding such Committee Report, accompanying 
this Act. 
(2) SUBSEQUENT PHASES.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), nothing in the table in subsection 
(c), or in the Committee Report, or any subse-
quent report superceding such Committee Re-
port, accompanying this Act, shall prevent the 
Secretary, at the discretion of the Secretary, 
from allowing a subsequent phase of a member 
designated project to be carried out with funds 
reserved for such project under subsection (c). 
(B) PROJECT SPONSOR CONCURRENCE.— 
The Secretary shall only allow under this para-
graph a subsequent phase of a member des-
ignated project to be carried out with funds re-
served for such project under subsection (c) 
with the concurrence of the project sponsor for 
such project listed in the Committee Report ac-
companying this Act, 
(3) REPURPOSING.—Nothing in the table in 
subsection (c), or the Committee Report, or any sub-
sequent report superceding such Committee Report, 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
accompanying this Act, shall prevent funds reserved 
for a member designated project from being 
repurposed as described in section 103(i)(2), pro-
vided that all requirements in such section are satis-
fied. 
(c) PROJECT DESIGNATIONS.—øTo be supplied.¿ 
DIVISION B—SURFACE 
TRANSPORTATION 
SEC. 1001. APPLICABILITY OF DIVISION. 
(a) APPLICABILITY.—This division, including the 
amendments made by this division, applies beginning on 
October 1, 2022. 
(b) REFERENCE TO DATE OF ENACTMENT.—In this 
division and the amendments made by this division, any 
reference to— 
(1) the date of enactment of this Act; 
(2) the date of enactment of a provision of this 
division; 
(3) the date of enactment of a provision added 
to law by an amendment made by this division; or 
(4) the date of enactment of the INVEST in 
America Act added to law by an amendment made 
by this division, 
shall be treated as a reference to October 1, 2022. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(c) EXCEPTION
FOR IMMEDIATE APPLICATION.— 
Subsections (a) and (b) shall not apply to the following 
sections and any amendments made by such sections: 
(1) Section 1105. 
(2) Section 1107. 
(3) Section 1305. 
(4) Subsections (c)(1) and (d) of section 2104. 
(5) Section 2106. 
(6) Section 2112. 
(7) Section 2204(1)(A). 
(8) Section 2305. 
(9) Section 2307. 
(10) Section 2902(2). 
TITLE I—FEDERAL-AID 
HIGHWAYS 
Subtitle A—Authorizations and 
Program Conditions 
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following amounts are au-
thorized to be appropriated out of the Highway Trust 
Fund (other than the Mass Transit Account): 
(1) FEDERAL-AID
HIGHWAY
PROGRAM.—For 
the national highway performance program under 
section 119 of title 23, United States Code, the pre- 
disaster mitigation program under section 124 of 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
such title, the railway crossings program under sec-
tion 130 of such title, the surface transportation 
program under section 133 of such title, the high-
way safety improvement program under section 148 
of such title, the congestion mitigation and air qual-
ity improvement program under section 149 of such 
title, the clean corridors program under section 151 
of such title, the national highway freight program 
under section 167 of such title, the carbon pollution 
reduction program under section 171 of such title, 
and metropolitan planning under section 134 of such 
title— 
(A) $56,522,048,429 for fiscal year 2023; 
(B) $57,480,646,776 for fiscal year 2024; 
(C) $58,595,359,712 for fiscal year 2025; 
and 
(D) $59,618,666,186 for fiscal year 2026. 
(2) TRANSPORTATION
INFRASTRUCTURE
FI-
NANCE AND INNOVATION PROGRAM.—For credit as-
sistance under the transportation infrastructure fi-
nance and innovation program under chapter 6 of 
title 23, United States Code, $250,000,000 for each 
of fiscal years 2023 through 2026. 
(3) CONSTRUCTION
OF
FERRY
BOATS
AND 
FERRY TERMINAL FACILITIES.—For construction of 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
ferry boats and ferry terminal facilities under sec-
tion 
147 
of 
title 
23, 
United 
States 
Code, 
$120,000,000 for each of fiscal years 2023 through 
2026. 
(4) FEDERAL LANDS AND TRIBAL TRANSPOR-
TATION PROGRAMS.— 
(A) 
TRIBAL
TRANSPORTATION
PRO-
GRAM.—For the tribal transportation program 
under section 202 of title 23, United States 
Code, $800,000,000 for each of fiscal years 
2023 through 2026. 
(B) FEDERAL
LANDS
TRANSPORTATION 
PROGRAM.— 
(i) IN
GENERAL.—For the Federal 
lands transportation program under sec-
tion 203 of title 23, United States Code, 
$555,000,000 for each of fiscal years 2023 
through 2026. 
(ii) ALLOCATION.—Of the amount 
made available for a fiscal year under 
clause (i)— 
(I) the amount for the National 
Park Service is $400,000,000 for each 
of fiscal years 2023 through 2026; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(II) the amount for the United 
States Fish and Wildlife Service is 
$50,000,000 for each of fiscal years 
2023 through 2026; 
(III) the amount for the United 
States Forest Service is $50,000,000 
for each of fiscal years 2023 through 
2026; 
(IV) the amount for the Corps of 
Engineers is $16,000,000 for each of 
fiscal years 2023 through 2026; 
(V) the amount for the Bureau 
of Land Management is $16,000,000 
for each of fiscal years 2023 through 
2026; 
(VI) the amount for the Bureau 
of Reclamation is $16,000,000 for 
each of fiscal years 2023 through 
2026; and 
(VII) the amount for independent 
Federal agencies with natural re-
source and land management respon-
sibilities is $7,000,000 for each of fis-
cal years 2023 through 2026. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(C) FEDERAL LANDS ACCESS PROGRAM.— 
For the Federal lands access program under 
section 204 of title 23, United States Code, 
$345,000,000 for each of fiscal years 2023 
through 2026. 
(D) FEDERAL LANDS AND TRIBAL MAJOR 
PROJECTS GRANTS.—To carry out section 208 
of title 23, United States Code, $400,000,000 
for each of fiscal years 2023 through 2026. 
(5) TERRITORIAL AND PUERTO RICO HIGHWAY 
PROGRAM.—For the territorial and Puerto Rico 
highway program under section 165 of title 23, 
United States Code, the amounts specified in para-
graphs (1) and (2) of section 165(a) for each of fis-
cal years 2023 through 2026. 
(6) PROJECTS
OF
NATIONAL
AND
REGIONAL 
SIGNIFICANCE.—For projects of national and re-
gional significance under section 117 of title 23, 
United States Code, $3,000,000,000 for each of fis-
cal years 2023 through 2026. 
(7) COMMUNITY TRANSPORTATION INVESTMENT 
GRANTS.—To carry out section 173 of title 23, 
United States Code, $600,000,000 for each of fiscal 
years 2023 through 2026. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(8) 
COMMUNITY
CLIMATE
INNOVATION 
GRANTS.—To carry out section 172 of title 23, 
United States Code, $250,000,000 for each of fiscal 
years 2023 through 2026. 
(9) NATIONAL SCENIC BYWAYS PROGRAM.—To 
carry out section 162 of title 23, United States 
Code, $16,000,000 for each of fiscal year 2023 
through 2026. 
(10) REBUILD RURAL BRIDGES PROGRAM.— To 
carry out section 1307 of this Act, $250,000,000 for 
each of fiscal years 2023 through 2026. 
(11) PARKING FOR COMMERCIAL MOTOR VEHI-
CLES.—To carry out section 1308 of this Act, 
$250,000,000 for each of fiscal years 2023 through 
2026. 
(12) ACTIVE
CONNECTED
TRANSPORTATION 
GRANT
PROGRAM.—To carry out section 1309 of 
this Act, $250,000,000 for each of fiscal years 2023 
through 2026. 
(13) 
WILDLIFE
CROSSINGS
PROGRAM.—To 
carry out section 1310 of this Act, $100,000,000 for 
each of fiscal years 2023 through 2026. 
(14) RECONNECTING
NEIGHBORHOODS
PRO-
GRAM.—To carry out section 1311 of this Act, 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
$750,000,000 for each of fiscal years 2023 through 
2026. 
(15) METRO
PERFORMANCE
PROGRAM.—To 
carry out section 1305 of this Act, $250,000,000 for 
each of fiscal years 2023 through 2026. 
(16) 
GRIDLOCK
REDUCTION
GRANT
PRO-
GRAM.—To carry out section 1306 of this Act, 
$500,000,000 for fiscal year 2023. 
(b) TREATMENT OF FUNDS.—Amounts made avail-
able under paragraphs (10) through (14) of subsection (a) 
shall be administered as if apportioned under chapter 1 
of title 23, United States Code. 
(c) DISADVANTAGED BUSINESS ENTERPRISES.— 
(1) FINDINGS.—Congress finds that— 
(A) despite the real improvements caused 
by the disadvantaged business enterprise pro-
gram, minority- and women-owned businesses 
across the country continue to confront serious 
and significant obstacles to success caused by 
race and gender discrimination in the federally 
assisted surface transportation market and re-
lated markets across the United States; 
(B) the continuing race and gender dis-
crimination described in subparagraph (A) mer-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
its the continuation of the disadvantaged busi-
ness enterprise program; 
(C) recently, the disparities cause by dis-
crimination against African American, Hispanic 
American, Asian American, Native American, 
and women business owners have been further 
exacerbated by the coronavirus pandemic and 
its disproportionate effects on minority- and 
women-owned businesses across the nation; 
(D) Congress has received and reviewed 
testimony and documentation of race and gen-
der discrimination from numerous sources, in-
cluding congressional hearings and other inves-
tigative activities, scientific reports, reports 
issued by public and private agencies at every 
level of government, news reports, academic 
publications, reports of discrimination by orga-
nizations and individuals, and discrimination 
lawsuits, which continue to demonstrate that 
race- and gender-neutral efforts alone are insuf-
ficient to address the problem; 
(E) the testimony and documentation de-
scribed in subparagraph (D) demonstrate that 
discrimination across the United States poses 
an injurious and enduring barrier to full and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
fair participation in surface transportation-re-
lated businesses of women business owners and 
minority business owners and has negatively af-
fected firm formation, development and success 
in many aspects of surface transportation-re-
lated business in the public and private mar-
kets; and 
(F) the testimony and documentation de-
scribed in subparagraph (D) provide a clear pic-
ture of the inequality caused by discrimination 
that continues to plague our nation and a 
strong basis that there is a compelling need for 
the continuation of the disadvantaged business 
enterprise program to address race and gender 
discrimination in surface transportation-related 
business. 
(2) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
(A) SMALL
BUSINESS
CONCERN.—The 
term ‘‘small business concern’’ means a small 
business concern (as the term is used in section 
3 of the Small Business Act (15 U.S.C. 632)). 
(B) SOCIALLY
AND
ECONOMICALLY
DIS-
ADVANTAGED
INDIVIDUALS.—The term ‘‘so-
cially and economically disadvantaged individ-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
uals’’ has the meaning given the term in section 
8(d) of the Small Business Act (15 U.S.C. 
637(d)) and relevant subcontracting regulations 
issued pursuant to that Act, except that women 
shall be presumed to be socially and economi-
cally disadvantaged individuals for purposes of 
this subsection. 
(3) AMOUNTS
FOR
SMALL
BUSINESS
CON-
CERNS.—Except to the extent that the Secretary of 
Transportation determines otherwise, not less than 
10 percent of the amounts made available for any 
program under titles I, II, V, and VII of this divi-
sion and section 403 of title 23, United States Code, 
shall be expended through small business concerns 
owned and controlled by socially and economically 
disadvantaged individuals. 
(4) ANNUAL LISTING OF DISADVANTAGED BUSI-
NESS ENTERPRISES.—Each State shall annually— 
(A) survey and compile a list of the small 
business concerns referred to in paragraph (3) 
in the State, including the location of the small 
business concerns in the State; and 
(B) notify the Secretary, in writing, of the 
percentage of the small business concerns that 
are controlled by— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(i) women; 
(ii) socially and economically dis-
advantaged 
individuals 
(other 
than 
women); and 
(iii) individuals who are women and 
are otherwise socially and economically dis-
advantaged individuals. 
(5) UNIFORM CERTIFICATION.— 
(A) 
IN
GENERAL.—The 
Secretary 
of 
Transportation shall establish minimum uni-
form criteria for use by State governments in 
certifying whether a concern qualifies as a small 
business concern for the purpose of this sub-
section. 
(B) INCLUSIONS.—The minimum uniform 
criteria established under subparagraph (A) 
shall include, with respect to a potential small 
business concern— 
(i) on-site visits; 
(ii) personal interviews with personnel; 
(iii) issuance or inspection of licenses; 
(iv) analyses of stock ownership; 
(v) listings of equipment; 
(vi) analyses of bonding capacity; 
(vii) listings of work completed; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(viii) examination of the resumes of 
principal owners; 
(ix) analyses of financial capacity; and 
(x) analyses of the type of work pre-
ferred. 
(6) REPORTING.—The Secretary of Transpor-
tation shall establish minimum requirements for use 
by State governments in reporting to the Sec-
retary— 
(A) information concerning disadvantaged 
business enterprise awards, commitments, and 
achievements; and 
(B) such other information as the Sec-
retary determines to be appropriate for the 
proper monitoring of the disadvantaged busi-
ness enterprise program. 
(7) COMPLIANCE WITH COURT ORDERS.—Noth-
ing in this subsection limits the eligibility of an indi-
vidual or entity to receive funds made available 
under titles I, II, V, and VII of this division and sec-
tion 403 of title 23, United States Code, if the enti-
ty or person is prevented, in whole or in part, from 
complying with paragraph (3) because a Federal 
court issues a final order in which the court finds 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
that a requirement or the implementation of para-
graph (3) is unconstitutional. 
(8) SENSE OF CONGRESS ON PROMPT PAYMENT 
OF DBE SUBCONTRACTORS.—It is the sense of Con-
gress that— 
(A) the Secretary of Transportation should 
take additional steps to ensure that recipients 
comply with section 26.29 of title 49, Code of 
Federal Regulations (the disadvantaged busi-
ness enterprises prompt payment rule), or any 
corresponding regulation, in awarding federally 
funded transportation contracts under laws and 
regulations administered by the Secretary; and 
(B) such additional steps should include 
increasing the Department of Transportation’s 
ability to track and keep records of complaints 
and to make that information publicly available. 
(d) LIMITATION
ON FINANCIAL ASSISTANCE
FOR 
STATE-OWNED ENTERPRISES.— 
(1) IN GENERAL.—Funds provided under this 
section may not be used in awarding or exercising 
an option on a previously awarded contract, a con-
tract, subcontract, grant, or loan to an entity that 
is owned or controlled by, is a subsidiary of, or is 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
otherwise related legally or financially to a corpora-
tion based in a country that— 
(A) is identified as a nonmarket economy 
country (as defined in section 771(18) of the 
Tariff Act of 1930 (19 U.S.C. 1677(18))) as of 
the date of enactment of this Act; 
(B) was identified by the United States 
Trade Representative in the most recent report 
required by section 182 of the Trade Act of 
1974 (19 U.S.C. 2242) as a priority foreign 
country under subsection (a)(2) of that section; 
and 
(C) is subject to monitoring by the Trade 
Representative under section 306 of the Trade 
Act of 1974 (19 U.S.C. 2416). 
(2) EXCEPTION.—For purposes of paragraph 
(1), the term ‘‘otherwise related legally or finan-
cially’’ does not include a minority relationship or in-
vestment. 
(3) INTERNATIONAL AGREEMENTS.—This sub-
section shall be applied in a manner consistent with 
the obligations of the United States under inter-
national agreements. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
SEC. 1102. OBLIGATION LIMITATION. 
(a) GENERAL LIMITATION.—Subject to subsection 
(e), and notwithstanding any other provision of law, the 
obligations for Federal-aid highway and highway safety 
construction programs shall not exceed— 
(1) øTo be supplied.¿ for fiscal year 2023; 
(2) øTo be supplied.¿ for fiscal year 2024; 
(3) øTo be supplied.¿ for fiscal year 2025; and 
(4) øTo be supplied.¿ for fiscal year 2026. 
(b) EXCEPTIONS.—The limitations under subsection 
(a) shall not apply to obligations under or for— 
(1) section 125 of title 23, United States Code; 
(2) section 147 of the Surface Transportation 
Assistance Act of 1978 (23 U.S.C. 144 note; 92 
Stat. 2714); 
(3) section 9 of the Federal-Aid Highway Act 
of 1981 (95 Stat. 1701); 
(4) subsections (b) and (j) of section 131 of the 
Surface Transportation Assistance Act of 1982 (96 
Stat. 2119); 
(5) subsections (b) and (c) of section 149 of the 
Surface Transportation and Uniform Relocation As-
sistance Act of 1987 (101 Stat. 198); 
(6) sections 1103 through 1108 of the Inter-
modal Surface Transportation Efficiency Act of 
1991 (Public Law 102–240); 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
only in an amount equal to $639,000,000 for each 
of those fiscal years); 
(13) section 119 of title 23, United States Code 
(but, for fiscal years 2016 through 2022, only in an 
amount equal to $639,000,000 for each of those fis-
cal years); 
(14) section 203 of title 23, United States Code 
(but, for fiscal years 2023 through 2026, only in an 
amount equal to $550,000,000 for each of those fis-
cal years); and 
(15) section 133(d)(1)(B) of title 23, United 
States Code (but, for fiscal years 2023 through 
2026, only in an amount equal to $89,000,000 for 
each of those fiscal years). 
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.— 
Subject to paragraph (1)(B), for each of fiscal years 2023 
through 2026, the Secretary of Transportation— 
(1)(A) shall not distribute obligation authority 
provided by subsection (a) for the fiscal year for— 
(i) amounts authorized for administrative 
expenses and programs by section 104(a) of 
title 23, United States Code; 
(ii) amounts authorized for the Bureau of 
Transportation Statistics; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(iii) amounts authorized for the tribal 
transportation program under section 202 of 
title 23, United States Code; and 
(iv) amounts authorized for the territorial 
and Puerto Rico highway program under sec-
tion 165(a) of title 23, United States Code; and 
(B) for each of fiscal years 2023 through 2026, 
in addition to the amounts described in subpara-
graph (A), shall not distribute obligation authority 
provided by subsection (a) for the fiscal year for 
amounts authorized for the metro performance pro-
gram under section 1305 of this Act; 
(2) shall not distribute an amount of obligation 
authority provided by subsection (a) that is equal to 
the unobligated balance of amounts— 
(A) made available from the Highway 
Trust Fund (other than the Mass Transit Ac-
count) for Federal-aid highway and highway 
safety construction programs for previous fiscal 
years, the funds for which are allocated by the 
Secretary (or apportioned by the Secretary 
under section 202 or 204 of title 23, United 
States Code); and 
(B) for which obligation authority was pro-
vided in a previous fiscal year; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
tioned under sections 202 and 204 of such title) in 
the proportion that— 
(A) amounts authorized to be appropriated 
for the programs that are apportioned under 
title 23, United States Code, to each State for 
the fiscal year; bears to 
(B) the total of the amounts authorized to 
be appropriated for the programs that are ap-
portioned under title 23, United States Code, to 
all States for the fiscal year. 
(d) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (c), the Secretary 
of Transportation shall, after August 1 of each of fiscal 
years 2023 through 2026— 
(1) revise a distribution of the obligation au-
thority made available under subsection (c) if an 
amount distributed cannot be obligated during that 
fiscal year; and 
(2) redistribute sufficient amounts to those 
States able to obligate amounts in addition to those 
previously distributed during that fiscal year, giving 
priority to those States having large unobligated bal-
ances of funds apportioned under section 104 of title 
23, United States Code. 
(e) SPECIAL LIMITATION.— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(1) IN GENERAL.—Except as provided in para-
graph (2), obligation limitations imposed by sub-
section (a) shall apply to contract authority for— 
(A) transportation research programs car-
ried out under chapter 5 of title 23, United 
States Code, and title V of this Act; and 
(B) the metro performance program under 
section 1305 of this Act. 
(2) EXCEPTION.—Obligation authority made 
available under paragraph (1) shall— 
(A) remain available for a period of 4 fis-
cal years; and 
(B) be in addition to the amount of any 
limitation imposed on obligations for Federal- 
aid highway and highway safety construction 
programs for future fiscal years. 
(f) LOP-OFF.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of distribution of obligation authority under 
subsection (c) for each of fiscal years 2023 through 
2026, the Secretary of Transportation shall dis-
tribute to the States any funds that— 
(A) are authorized to be appropriated for 
the fiscal year for Federal-aid highway pro-
grams; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(B) the Secretary determines will not be 
allocated to the States (or will not be appor-
tioned to the States under section 204 of title 
23, United States Code), and will not be avail-
able for obligation, for the fiscal year because 
of the imposition of any obligation limitation for 
the fiscal year. 
(2) RATIO.—Funds shall be distributed under 
paragraph (1) in the same proportion as the dis-
tribution of obligation authority under subsection 
(c)(5). 
(3) AVAILABILITY.—Funds distributed to each 
State under paragraph (1) shall be available for any 
purpose described in section 133(b) of title 23, 
United States Code. 
SEC. 1103. DEFINITIONS AND DECLARATION OF POLICY. 
Section 101 of title 23, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by redesignating paragraphs (1), (2), 
(3), (4), (5), (6), (7), (8), (9), (10), (11), (12), 
(13), (14), (15), (16), (17), (18), (19), (20), 
(21), (22), (23), (24), (25), (26), (27), (28), 
(29), (30), (31), (32), (33), and (34) as para-
graphs (2), (4), (5), (7), (9), (11), (12), (13), 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(14), (15), (17), (18), (19), (20), (21), (22), 
(24), (25), (26), (27), (29), (30), (33), (34), 
(35), (36), (37), (38), (39), (43), (44), (45), 
(46), and (47), respectively; 
(B) by inserting before paragraph (2), as 
so redesignated, the following: 
‘‘(1) 
ADAPTATION.—The 
term 
‘adaptation’ 
means an adjustment in natural or human systems 
in anticipation of, or in response to, a changing envi-
ronment in a way that moderates negative effects of 
extreme events or climate change.’’; 
(C) by inserting before paragraph (4), as 
so redesignated, the following: 
‘‘(3) AREAS
OF
PERSISTENT
POVERTY.—The 
term ‘areas of persistent poverty’ means— 
‘‘(A) any county that has had 20 percent 
or more of the population of such county living 
in poverty over the past 30 years, as measured 
by the 1990 and 2000 decennial censuses and 
the most recent Small Area Income and Poverty 
Estimates; 
‘‘(B) any census tract with a poverty rate 
of at least 20 percent, as measured by the most 
recent 5-year data series available from the 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
American Community Survey of the Bureau of 
the Census for all States and Puerto Rico; or 
‘‘(C) any other territory or possession of 
the United States that has had 20 percent or 
more of its population living in poverty over the 
past 30 years, as measured by the 1990, 2000, 
and 2010 decennial censuses, or equivalent 
data, of the Bureau of the Census.’’. 
(D) by inserting after paragraph (5), as so 
redesignated, the following: 
‘‘(6) CLIMATE
CHANGE.—The term ‘climate 
change’ means any significant change in the meas-
ures of climate lasting for an extended period of 
time, and may include major changes in tempera-
ture, precipitation, wind patterns, or sea level, 
among others, that occur over several decades or 
longer.’’; 
(E) in paragraph (7)(A), as so redesig-
nated, by inserting ‘‘assessing resilience,’’ after 
‘‘surveying,’’; 
(F) by inserting after paragraph (7), as so 
redesignated, the following: 
‘‘(8) 
CONTEXT
SENSITIVE
DESIGN
PRIN-
CIPLES.—The term ‘context sensitive design prin-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
ciples’ means principles for the design of a public 
road that— 
‘‘(A) provides for the safe and adequate 
accommodation, in all phases of project plan-
ning, design, and development, transportation 
facilities 
for 
users, 
including 
pedestrians, 
bicyclists, public transportation users, children, 
older individuals, individuals with disabilities, 
motorists, and freight vehicles; and 
‘‘(B) considers the context in which the fa-
cility is planned to be constructed to determine 
the appropriate facility design.’’; 
(G) by inserting after paragraph (9), as so 
redesignated, the following: 
‘‘(10) EVACUATION ROUTE.—The term ‘evacu-
ation route’ means a transportation route or system 
that— 
‘‘(A) is used to transport— 
‘‘(i) the public away from an emer-
gency event; or 
‘‘(ii) first responders and recovery re-
sources in the event of an emergency; and 
‘‘(B) is identified, consistent with sections 
134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by the 
eligible entity with jurisdiction over the area in 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
which the route is located for the purposes de-
scribed in subparagraph (A).’’; 
(H) by inserting after paragraph (15), as 
so redesignated, the following: 
‘‘(16) GREENHOUSE
GAS.—The term ‘green-
house gas’ has the meaning given the term in section 
211(o)(1)(G) of the Clean Air Act (42 U.S.C. 
7545(o)(1)(G)).’’; 
(I) by inserting after paragraph (21), as so 
redesignated, the following: 
‘‘(23) NATURAL INFRASTRUCTURE.— 
‘‘(A) IN GENERAL.—The term ‘natural in-
frastructure’ means infrastructure that uses, re-
stores, or emulates natural ecological processes 
that— 
‘‘(i) is created through the action of 
natural physical, geological, biological, and 
chemical processes over time; 
‘‘(ii) is created by human design, en-
gineering, and construction to emulate or 
act in concert with natural processes; or 
‘‘(iii) involves the use of plants, soils, 
and other natural features, including 
through the creation, restoration, or pres-
ervation of vegetated areas using materials 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
appropriate to the region to manage 
stormwater and runoff, to attenuate flood-
ing and storm surges, and for other related 
purposes. 
‘‘(B) INCLUSION.—The term ‘natural in-
frastructure’ includes green infrastructure and 
nature-based solutions.’’; 
(J) by inserting after paragraph (27), as 
so redesignated, the following: 
‘‘(28) PROTECTIVE FEATURE.— 
‘‘(A) IN GENERAL.—The term ‘protective 
feature’ means an improvement to a highway, 
bridge, or other transportation facility designed 
to increase resilience or mitigate the risk of re-
curring damage or the cost of future repairs 
from climate change effects (including sea level 
rise), flooding, and extreme events or other nat-
ural disasters (including wildfires, seismic activ-
ity, and landslides). 
‘‘(B) INCLUSIONS.—The term ‘protective 
feature’ includes— 
‘‘(i) raising roadway grades; 
‘‘(ii) relocating roadways to higher 
ground above projected flood elevation lev-
els or away from slide prone areas; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(iii) stabilizing slide areas; 
‘‘(iv) stabilizing slopes; 
‘‘(v) lengthening or raising bridges to 
increase waterway openings; 
‘‘(vi) increasing the size or number of 
drainage structures; 
‘‘(vii) replacing culverts with bridges 
or upsizing culverts; 
‘‘(viii) installing seismic retrofits on 
bridges; 
‘‘(ix) scour, stream stability, coastal, 
and other hydraulic countermeasures; 
‘‘(x) the use of natural infrastructure; 
‘‘(xi) integration of the use of tradi-
tional and natural infrastructure features; 
‘‘(xii) undergrounding public utilities 
in the course of other infrastructure im-
provements eligible under this title; and 
‘‘(xiii) 
permeable 
pavements 
for 
stormwater management.’’; 
(K) by inserting after paragraph (30), as 
so redesignated, the following: 
‘‘(31) REPEATEDLY DAMAGED FACILITY.—The 
term ‘repeatedly damaged facility’ means a road, 
highway, or bridge that has required repair and re-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
construction activities on 2 or more occasions due to 
natural disasters or catastrophic failures resulting in 
emergencies declared by the Governor of the State 
in which the road, highway, or bridge is located or 
emergencies or major disasters declared by the 
President under the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.). 
‘‘(32) RESILIENCE.— 
‘‘(A) IN GENERAL.—The term ‘resilience’ 
means, with respect to a facility, the ability 
to— 
‘‘(i) anticipate, prepare for, or adapt 
to conditions; or 
‘‘(ii) withstand, respond to, or recover 
rapidly from disruptions. 
‘‘(B) INCLUSIONS.—Such term includes, 
with respect to a facility, the ability to— 
‘‘(i) resist hazards or withstand im-
pacts from disruptions; 
‘‘(ii) reduce the magnitude, duration, 
or impact of a disruption; or 
‘‘(iii) have the absorptive capacity, 
adaptive capacity, and recoverability to de-
crease vulnerability to a disruption.’’; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(L) by inserting after paragraph (36), as 
so redesignated, the following: 
‘‘(40) TRANSPORTATION
DEMAND
MANAGE-
MENT; TDM.—The terms ‘transportation demand 
management’ and ‘TDM’ mean the use of strategies 
to inform and encourage travelers to maximize the 
efficiency of a transportation system leading to im-
proved mobility, reduced congestion, and lower vehi-
cle emissions. 
‘‘(41) TRANSPORTATION
DEMAND
MANAGE-
MENT STRATEGIES.—The term ‘transportation de-
mand management strategies’ means the use of 
planning, programs, policy, marketing, communica-
tions, incentives, pricing, data, and technology to 
shift travel mode, routes used, departure times, 
number of trips, and location and design work space 
or public attractions. 
‘‘(42) TRANSPORTATION SYSTEM ACCESS.—The 
term ‘transportation system access’ means the abil-
ity to travel by automobile, public transportation, 
pedestrian, and bicycle networks, measured by travel 
time, taking into consideration— 
‘‘(A) the impacts of the level of travel 
stress for non-motorized users; 
‘‘(B) costs for low-income travelers; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(C) the extent to which transportation ac-
cess is impacted by zoning policies and land use 
planning practices that effect the affordability, 
elasticity, and diversity of the housing supply.’’; 
and 
(2) in subsection (b)— 
(A) in paragraph (1) by striking ‘‘De-
fense,’’ and inserting ‘‘Defense Highways,’’; 
(B) in paragraph (3)— 
(i) in subparagraph (A) by striking 
‘‘Century’’ and inserting ‘‘century’’; 
(ii) in subparagraph (G) by striking ‘‘; 
and’’ and inserting a semicolon; 
(iii) in subparagraph (H) by striking 
‘‘Century.’’ and inserting ‘‘century;’’; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(I) safety is the highest priority of the 
Department of Transportation, and the Sec-
retary and States should take all actions nec-
essary to meet the transportation needs of the 
21st century for all road users; 
‘‘(J) climate change presents a significant 
risk to safety, the economy, and national secu-
rity, and reducing the contributions of the 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
transportation system to the Nation’s total car-
bon pollution is critical; and 
‘‘(K) the Secretary and States should take 
appropriate measures and ensure investments 
to increase the resilience of the Nation’s trans-
portation system.’’; and 
(C) in paragraph (4)(A) by inserting 
‘‘while ensuring that environmental protections 
are maintained’’ after ‘‘review process’’. 
SEC. 1104. APPORTIONMENT. 
(a) IN GENERAL.—Section 104 of title 23, United 
States Code, is amended— 
(1) in subsection (a)(1) by striking subpara-
graphs (A) through (E) and inserting the following: 
‘‘(A) $530,000,000 for fiscal year 2023; 
‘‘(B) $543,000,000 for fiscal year 2024; 
‘‘(C) $557,000,000 for fiscal year 2025; 
and 
‘‘(D) $572,000,000 for fiscal year 2026.’’; 
(2) by striking subsections (b) and (c) and in-
serting the following: 
‘‘(b) DIVISION
AMONG
PROGRAMS
OF
STATE’S 
SHARE OF BASE APPORTIONMENT.—The Secretary shall 
distribute the amount of the base apportionment appor-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
tioned to a State for a fiscal year under subsection (c) 
among the covered programs as follows: 
‘‘(1) NATIONAL HIGHWAY PERFORMANCE PRO-
GRAM.—For the national highway performance pro-
gram, 55.09 percent of the amount remaining after 
distributing amounts under paragraphs (4), (6), (7), 
and (10). 
‘‘(2) SURFACE
TRANSPORTATION
PROGRAM.— 
For the surface transportation program, 28.43 per-
cent of the amount remaining after distributing 
amounts under paragraphs (4), (6), (7), and (10). 
‘‘(3) HIGHWAY
SAFETY
IMPROVEMENT
PRO-
GRAM.—For the highway safety improvement pro-
gram, 6.19 percent of the amount remaining after 
distributing amounts under paragraphs (4), (6), (7), 
and (10). 
‘‘(4) CONGESTION MITIGATION AND AIR QUAL-
ITY IMPROVEMENT PROGRAM.— 
‘‘(A) IN
GENERAL.—For the congestion 
mitigation and air quality improvement pro-
gram, an amount determined for the State 
under subparagraphs (B) and (C). 
‘‘(B) TOTAL AMOUNT.—The total amount 
for the congestion mitigation and air quality 
improvement program for all States shall be— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(i) $2,913,925,833 for fiscal year 
2023; 
‘‘(ii) $2,964,919,535 for fiscal year 
2024; 
‘‘(iii) $3,024,217,926 for fiscal year 
2025; and 
‘‘(iv) $3,078,653,849 for fiscal year 
2026. 
‘‘(C) STATE SHARE.—For each fiscal year, 
the Secretary shall distribute among the States 
the amount for the congestion mitigation and 
air quality improvement program under sub-
paragraph (B) so that each State receives an 
amount equal to the proportion that— 
‘‘(i) the amount apportioned to the 
State for the congestion mitigation and air 
quality improvement program for fiscal 
year 2020; bears to 
‘‘(ii) the total amount of funds appor-
tioned to all States for such program for 
fiscal year 2020. 
‘‘(5) 
NATIONAL
HIGHWAY
FREIGHT
PRO-
GRAM.—For the national highway freight program, 
3.38 percent of the amount remaining after distrib-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
uting amounts under paragraphs (4), (6), (7), and 
(10). 
‘‘(6) METROPOLITAN PLANNING.— 
‘‘(A) 
IN
GENERAL.—For 
metropolitan 
planning, an amount determined for the State 
under subparagraphs (B) and (C). 
‘‘(B) TOTAL AMOUNT.—The total amount 
for metropolitan planning for all States shall 
be— 
‘‘(i) $507,500,000 for fiscal year 
2023; 
‘‘(ii) $516,381,250 for fiscal year 
2024; 
‘‘(iii) $526,708,875 for fiscal year 
2025; and 
‘‘(iv) $536,189,635 for fiscal year 
2026. 
‘‘(C) STATE SHARE.—For each fiscal year, 
the Secretary shall distribute among the States 
the amount for metropolitan planning under 
subparagraph (B) so that each State receives 
an amount equal to the proportion that— 
‘‘(i) the amount apportioned to the 
State for metropolitan planning for fiscal 
year 2020; bears to 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(ii) the total amount of funds appor-
tioned to all States for metropolitan plan-
ning for fiscal year 2020. 
‘‘(7) RAILWAY CROSSINGS.— 
‘‘(A) IN GENERAL.—For the railway cross-
ings program, an amount determined for the 
State under subparagraphs (B) and (C). 
‘‘(B) TOTAL AMOUNT.—The total amount 
for the railway crossings program for all States 
shall be $245,000,000 for each of fiscal years 
2023 through 2026. 
‘‘(C) STATE SHARE.— 
‘‘(i) IN
GENERAL.—For each fiscal 
year, the Secretary shall distribute among 
the States the amount for the railway 
crossings program under subparagraph (B) 
as follows: 
‘‘(I) 50 percent of the amount for 
a fiscal year shall be apportioned to 
States by the formula set forth in sec-
tion 104(b)(3)(A) (as in effect on the 
day before the date of enactment of 
MAP–21). 
‘‘(II) 50 percent of the amount 
for a fiscal year shall be apportioned 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
to States in the ratio that total public 
railway-highway crossings in each 
State bears to the total of such cross-
ings in all States. 
‘‘(ii) MINIMUM
APPORTIONMENT.— 
Notwithstanding clause (i), for each fiscal 
year, each State shall receive a minimum 
of one-half of 1 percent of the total 
amount for the railway crossings program 
for such fiscal year under subparagraph 
(B). 
‘‘(8) PREDISASTER
MITIGATION
PROGRAM.— 
For the predisaster mitigation program, 2.96 per-
cent of the amount remaining after distributing 
amounts under paragraphs (4), (6), (7), and (10). 
‘‘(9) CARBON
POLLUTION
REDUCTION
PRO-
GRAM.—For the carbon pollution reduction program, 
3.95 percent of the amount remaining after distrib-
uting amounts under paragraphs (4), (6), (7), and 
(10). 
‘‘(10) CLEAN CORRIDORS.— 
‘‘(A) IN
GENERAL.—For the clean cor-
ridors program, an amount determined for the 
State under subparagraphs (B) and (C). 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(B) TOTAL AMOUNT.—The total amount 
for the clean corridors program for all States 
shall be $1,000,000,000 for each of fiscal years 
2023 through 2026. 
‘‘(C) STATE SHARE.—For each fiscal year, 
the Secretary shall distribute among the States 
the total amount for the clean corridors pro-
gram under subparagraph (B) so that each 
State receives the amount equal to the propor-
tion that— 
‘‘(i) the total base apportionment de-
termined for the State under subsection 
(c); bears to 
‘‘(ii) the total base apportionments for 
all States under subsection (c). 
‘‘(c) CALCULATION OF AMOUNTS.— 
‘‘(1) STATE SHARE.—For each of fiscal years 
2023 through 2026, the amount for each State shall 
be determined as follows: 
‘‘(A) 
INITIAL
AMOUNTS.—The 
initial 
amounts for each State shall be determined by 
multiplying— 
‘‘(i) each of— 
‘‘(I) the base apportionment; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(II) 
supplemental 
funds 
re-
served under subsection (h)(1) for the 
highway safety improvement program; 
by 
‘‘(ii) the share for each State, which 
shall be equal to the proportion that— 
‘‘(I) the amount of apportion-
ments that the State received for fis-
cal year 2020; bears to 
‘‘(II) the amount of those appor-
tionments received by all States for 
fiscal year 2020. 
‘‘(B) ADJUSTMENTS
TO
AMOUNTS.—The 
initial amounts resulting from the calculation 
under subparagraph (A) shall be adjusted to 
ensure that each State receives an aggregate 
apportionment equal to at least 95 percent of 
the estimated tax payments attributable to 
highway users in the State paid into the High-
way Trust Fund (other than the Mass Transit 
Account) in the most recent fiscal year for 
which data are available. 
‘‘(2) STATE APPORTIONMENT.—On October 1 
of fiscal years 2023 through 2026, the Secretary 
shall apportion the sums authorized to be appro-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
priated for expenditure on the covered programs in 
accordance with paragraph (1).’’; 
(3) in subsection (d)(1)(A)— 
(A) in clause (i) by striking ‘‘paragraphs 
(5)(D) and (6) of subsection (b)’’ and inserting 
‘‘subsection (b)(6)’’; and 
(B) in clause (ii) by striking ‘‘paragraphs 
(5)(D) and (6) of subsection (b)’’ and inserting 
‘‘subsection (b)(6)’’; and 
(4) by striking subsections (h) and (i) and in-
serting the following: 
‘‘(h) SUPPLEMENTAL FUNDS.— 
‘‘(1) AMOUNT.—Before making an apportion-
ment for a fiscal year under subsection (c), the Sec-
retary shall reserve for the highway safety improve-
ment program under section 148 $500,000,000 for 
each of fiscal years 2023 through 2026 for the pur-
pose of the safe streets set-aside under section 
148(m). 
‘‘(2) TREATMENT OF FUNDS.—Funds reserved 
under paragraph (1) and apportioned to a State 
under subsection (c) shall be treated as if appor-
tioned under subsection (b)(3), and shall be in addi-
tion to amounts apportioned under such subsection. 
‘‘(i) DEFINITIONS.—In this section: 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(1) BASE APPORTIONMENT.—The term ‘base 
apportionment’ means— 
‘‘(A) the combined amount authorized for 
the covered programs; minus 
‘‘(B) the supplemental funds reserved 
under subsection (h) for the highway safety im-
provement program. 
‘‘(2) COVERED PROGRAMS.—The term ‘covered 
programs’ means— 
‘‘(A) the national highway performance 
program under section 119; 
‘‘(B) the surface transportation program 
under section 133; 
‘‘(C) the highway safety improvement pro-
gram under section 148; 
‘‘(D) the congestion mitigation and air 
quality improvement program under section 
149; 
‘‘(E) the national highway freight program 
under section 167; 
‘‘(F) metropolitan planning under section 
134; 
‘‘(G) the railway crossings program under 
section 130; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(H) the predisaster mitigation program 
under section 124; 
‘‘(I) the carbon pollution reduction pro-
gram under section 171; and 
‘‘(J) the clean corridors program under 
section 151.’’. 
(b) FEDERAL SHARE PAYABLE.—Section 120(c)(3) 
of title 23, United States Code, is amended— 
(1) in subparagraph (A) by striking ‘‘(5)(D),’’; 
and 
(2) 
in 
subparagraph 
(C)(i) 
by 
striking 
‘‘(5)(D),’’. 
(c) METROPOLITAN TRANSPORTATION PLANNING; 
TITLE 23.—Section 134(p) of title 23, United States 
Code, is amended by striking ‘‘paragraphs (5)(D) and (6) 
of section 104(b)’’ and inserting ‘‘section 104(b)(6)’’. 
(d) STATEWIDE AND NONMETROPOLITAN TRANSPOR-
TATION PLANNING.—Section 135(i) of title 23, United 
States Code, is amended by striking ‘‘paragraphs (5)(D) 
and (6) of section 104(b)’’ and inserting ‘‘section 
104(b)(6)’’. 
(e) METROPOLITAN TRANSPORTATION PLANNING; 
TITLE 49.—Section 5303(p) of title 49, United States 
Code, is amended by striking ‘‘section 104(b)(5)’’ and in-
serting ‘‘section 104(b)(6)’’. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
SEC. 1105. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST 
FUND. 
Section 105 of title 23, United States Code, is 
amended— 
(1) in subsection (a) by striking ‘‘FAST Act’’ 
and inserting ‘‘INVEST in America Act’’; 
(2) in subsection (c)— 
(A) in paragraph (1)(A) by striking ‘‘to be 
appropriated’’ each place it appears; and 
(B) by adding at the end the following: 
‘‘(4) SPECIAL RULE.— 
‘‘(A) ADJUSTMENT.—In making an adjust-
ment under paragraph (1) for an allocation, 
reservation, or set-aside from an amount au-
thorized from the Highway Account or Mass 
Transit Account described in subparagraph (B), 
the Secretary shall— 
‘‘(i) determine the ratio that— 
‘‘(I) the amount authorized to be 
appropriated for the allocation, res-
ervation, or set-aside from the account 
for the fiscal year; bears to 
‘‘(II) the total amount authorized 
to be appropriated for such fiscal year 
for all programs under such account; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(ii) multiply the ratio determined 
under clause (i) by the amount of the ad-
justment 
determined 
under 
subsection 
(b)(1)(B); and 
‘‘(iii) adjust the amount that the Sec-
retary would have allocated for the alloca-
tion, reservation, or set-aside for such fis-
cal year but for this section by the amount 
calculated under clause (ii). 
‘‘(B) ALLOCATIONS, RESERVATIONS, AND 
SET-ASIDES.—The allocations, reservations, and 
set-asides described in this subparagraph are— 
‘‘(i) from the amount made available 
for a fiscal year for the Federal lands 
transportation program under section 203, 
the amounts allocated for a fiscal year for 
the National Park Service, the United 
States Fish and Wildlife Service, the 
United States Forest Service, the Corps of 
Engineers, the Bureau of Land Manage-
ment, the Bureau of Reclamation, and 
independent Federal agencies with natural 
resource and land management responsibil-
ities; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(ii) the amount made available for 
the Puerto Rico highway program under 
section 165(a)(1); 
‘‘(iii) the amount made available for 
the territorial highway program under sec-
tion 165(a)(2); 
‘‘(iv) from the amounts made avail-
able for a fiscal year for the urbanized 
areas formula grants under section 5307 
of title 49, the amounts allocated for a fis-
cal year for the passenger ferry grant pro-
gram under section 5307(h) of such title; 
‘‘(v) from the amounts made available 
for a fiscal year for the formula grants for 
rural areas under section 5311 of such 
title, the amounts allocated for a fiscal 
year for public transportation on Indian 
reservations; 
‘‘(vi) from the amounts made avail-
able for a fiscal year for the public trans-
portation innovation program under sec-
tion 5312 of such title— 
‘‘(I) the amounts allocated for 
the zero emission vehicle component 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
(3) in subsection (d) by inserting ‘‘and section 
5324 of title 49’’ after ‘‘section 125’’; 
(4) in subsection (e)— 
(A) by striking ‘‘There is authorized’’ and 
inserting ‘‘For fiscal year 2023 and each fiscal 
year thereafter, there is authorized’’; and 
(B) by striking ‘‘for any of fiscal years 
2017 through 2020’’; and 
(5) in subsection (f)(1) by striking ‘‘section 
1102 or 3018 of the FAST Act’’ and inserting ‘‘any 
other provision of law’’. 
SEC. 1106. TRANSPARENCY. 
(a) APPORTIONMENT.—Section 104 of title 23, 
United States Code, is amended by striking subsection (g) 
and inserting the following: 
‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY AND 
ACCOUNTABILITY REPORTS.— 
‘‘(1) REQUIREMENT.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
compile data in accordance with this subsection 
on the use of Federal-aid highway funds made 
available under this title. 
‘‘(B) USER
FRIENDLY
DATA.—The data 
compiled under subparagraph (A) shall be in a 
user friendly format that can be searched, 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
downloaded, disaggregated, and filtered by data 
category. 
‘‘(2) PROJECT DATA.— 
‘‘(A) IN
GENERAL.—Not later than 120 
days after the end of each fiscal year, the Sec-
retary shall make available on the website of 
the Department of Transportation a report that 
describes— 
‘‘(i) the location of each active project 
within each State during such fiscal year, 
including in which congressional district or 
districts such project is located; 
‘‘(ii) the total cost of such project; 
‘‘(iii) the amount of Federal funding 
obligated for such project; 
‘‘(iv) the program or programs from 
which Federal funds have been obligated 
for such project; 
‘‘(v) whether such project is located in 
an area of the State with a population of— 
‘‘(I) less than 5,000 individuals; 
‘‘(II) 5,000 or more individuals 
but less than 50,000 individuals; 
‘‘(III) 50,000 or more individuals 
but less than 200,001 individuals; or 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(IV) greater than 200,000 indi-
viduals; 
‘‘(vi) whether such project is located 
in an area of persistent poverty; 
‘‘(vii) the type of improvement being 
made by such project, including catego-
rizing such project as— 
‘‘(I) 
a 
road 
reconstruction 
project; 
‘‘(II) a new road construction 
project; 
‘‘(III) a new bridge construction 
project; 
‘‘(IV) 
a 
bridge 
rehabilitation 
project; or 
‘‘(V) 
a 
bridge 
replacement 
project; and 
‘‘(viii) the functional classification of 
the roadway on which such project is lo-
cated. 
‘‘(B) INTERACTIVE MAP.—In addition to 
the data made available under subparagraph 
(A), the Secretary shall make available on the 
website of the Department of Transportation an 
interactive map that displays, for each active 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
project, the information described in clauses (i) 
through (v) of subparagraph (A). 
‘‘(3) STATE DATA.— 
‘‘(A) APPORTIONED AND ALLOCATED PRO-
GRAMS.—The website described in paragraph 
(2)(A) shall be updated annually to display the 
Federal-aid highway funds apportioned and al-
located to each State under this title, includ-
ing— 
‘‘(i) the amount of funding available 
for obligation by the State, including prior 
unobligated balances, at the start of the 
fiscal year; 
‘‘(ii) the amount of funding obligated 
by the State during such fiscal year; 
‘‘(iii) the amount of funding remain-
ing available for obligation by the State at 
the end of such fiscal year; and 
‘‘(iv) changes in the obligated, unex-
pended balance for the State. 
‘‘(B) PROGRAMMATIC DATA.—The data de-
scribed in subparagraph (A) shall include— 
‘‘(i) the amount of funding by each 
apportioned and allocated program for 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
which the State received funding under 
this title; 
‘‘(ii) the amount of funding trans-
ferred between programs by the State dur-
ing the fiscal year using the authority pro-
vided under section 126; and 
‘‘(iii) the amount and program cat-
egory of Federal funds exchanged as de-
scribed in section 106(g)(6). 
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) ACTIVE PROJECT.— 
‘‘(i) IN GENERAL.—The term ‘active 
project’ means a Federal-aid highway 
project using funds made available under 
this title on which those funds were obli-
gated or expended during the fiscal year 
for which the estimated total cost as of the 
start of construction is greater than 
$5,000,000. 
‘‘(ii) EXCLUSION.—The term ‘active 
project’ does not include any project for 
which funds are transferred to agencies 
other than the Federal Highway Adminis-
tration. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
100 
‘‘(B) INTERACTIVE MAP.—The term ‘inter-
active map’ means a map displayed on the pub-
lic website of the Department of Transportation 
that allows a user to select and view informa-
tion for each active project, State, and congres-
sional district. 
‘‘(C) STATE.—The term ‘State’ means any 
of the 50 States or the District of Columbia.’’. 
(b) PROJECT APPROVAL AND OVERSIGHT.—Section 
106 of title 23, United States Code, is amended— 
(1) in subsection (g)— 
(A) in paragraph (4) by striking subpara-
graph (B) and inserting the following: 
‘‘(B) ASSISTANCE TO STATES.—The Sec-
retary shall— 
‘‘(i) develop criteria for States to use 
to make the determination required under 
subparagraph (A); and 
‘‘(ii) provide training, guidance, and 
other assistance to States and subrecipi-
ents as needed to ensure that projects ad-
ministered by subrecipients comply with 
the requirements of this title. 
‘‘(C) PERIODIC
REVIEW.—The Secretary 
shall review, not less frequently than every 2 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
101 
years, the monitoring of subrecipients by the 
States.’’; and 
(B) by adding at the end the following: 
‘‘(6) FEDERAL
FUNDING
EXCHANGE
PRO-
GRAMS.— 
‘‘(A) IN GENERAL.—If a State allows a 
subrecipient to exchange Federal funds pro-
vided under this title that are allocated to such 
subrecipient for State or local funds, the State 
must certify to the Secretary that the State— 
‘‘(i) has prevailing wage requirements 
that are comparable to the requirements 
under section 113 that apply to the use of 
such State or local funds; and 
‘‘(ii) shall ensure that the prevailing 
wage requirements described in clause (i) 
apply to the use of such State or local 
funds. 
‘‘(B) APPLICABILITY.—The requirements 
of this paragraph shall apply only if the re-
quirements of section 113 would be applicable 
to a covered project if such project was carried 
out using Federal funds. 
‘‘(C) COVERED
PROJECT
DEFINED.—In 
this paragraph, the term ‘covered project’ 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
102 
means a project carried out with exchanged 
State or local funds as described in subpara-
graph (A).’’; 
(2) in subsection (h)(3)— 
(A) in subparagraph (B) by striking ‘‘, as 
determined by the Secretary,’’; and 
(B) in subparagraph (D) by striking ‘‘shall 
assess’’ and inserting ‘‘in the case of a project 
proposed to be advanced as a public-private 
partnership, shall include a detailed value for 
money analysis or comparable analysis to deter-
mine’’; and 
(3) by adding at the end the following: 
‘‘(k) MEGAPROJECTS.— 
‘‘(1) 
COMPREHENSIVE
RISK
MANAGEMENT 
PLAN.—To be authorized for the construction of a 
megaproject, the recipient of Federal financial as-
sistance under this title for such megaproject shall 
submit to the Secretary a comprehensive risk man-
agement plan that contains— 
‘‘(A) a description of the process by which 
the recipient will identify, quantify, and monitor 
the risks, including natural hazards, that might 
result in cost overruns, project delays, reduced 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
103 
construction quality, or reductions in benefits 
with respect to the megaproject; 
‘‘(B) examples of mechanisms the recipient 
will use to track risks identified pursuant to 
subparagraph (A); 
‘‘(C) a plan to control such risks; and 
‘‘(D) such assurances as the Secretary de-
termines appropriate that the recipient shall, 
with respect to the megaproject— 
‘‘(i) regularly submit to the Secretary 
updated cost estimates; and 
‘‘(ii) maintain and regularly reassess 
financial reserves for addressing known 
and unknown risks. 
‘‘(2) PEER REVIEW GROUP.— 
‘‘(A) IN
GENERAL.—Not later than 90 
days after the date on which a megaproject is 
authorized for construction, the recipient of 
Federal financial assistance under this title for 
such megaproject shall establish a peer review 
group for such megaproject that consists of at 
least 5 individuals (including at least 1 indi-
vidual with project management experience) to 
give expert advice on the scientific, technical, 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
104 
and 
project 
management 
aspects 
of 
the 
megaproject. 
‘‘(B) MEMBERSHIP.— 
‘‘(i) IN
GENERAL.—Not later than 
180 days after the date of enactment of 
this subsection, the Secretary shall estab-
lish guidelines describing how a recipient 
described in subparagraph (A) shall— 
‘‘(I) recruit and select members 
for a peer review group established 
under such subparagraph; and 
‘‘(II) make publicly available the 
criteria for such selection and identify 
the members so selected. 
‘‘(ii) CONFLICT
OF
INTEREST.—No 
member of a peer review group for a 
megaproject may have a direct or indirect 
financial interest in such megaproject. 
‘‘(C) TASKS.—A peer review group estab-
lished under subparagraph (A) by a recipient of 
Federal financial assistance for a megaproject 
shall— 
‘‘(i) meet annually until completion of 
the megaproject; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
105 
‘‘(ii) not later than 90 days after the 
date of the establishment of the peer re-
view group and not later than 90 days 
after the date of any significant change, as 
determined by the Secretary, to the scope, 
schedule, or budget of the megaproject, re-
view the scope, schedule, and budget of the 
megaproject, including planning, engineer-
ing, financing, and any other elements de-
termined appropriate by the Secretary; and 
‘‘(iii) submit to the Secretary, Con-
gress, and such recipient a report on the 
findings of each review under clause (ii). 
‘‘(3) TRANSPARENCY.—Not later than 90 days 
after the submission of a report under paragraph 
(2)(C)(iii), the Secretary shall publish on the website 
of the Department of Transportation such report. 
‘‘(4) MEGAPROJECT
DEFINED.—In this sub-
section, the term ‘megaproject’ means a project 
under this title that has an estimated total cost of 
$2,000,000,000 or more, and such other projects as 
may be identified by the Secretary. 
‘‘(l) SPECIAL EXPERIMENTAL PROJECTS.— 
‘‘(1) PUBLIC
AVAILABILITY.—The Secretary 
shall publish on the website of the Department of 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
106 
Transportation a copy of all letters of interest, pro-
posals, workplans, and reports related to the special 
experimental project authority pursuant to section 
502(b). The Secretary shall redact confidential busi-
ness information, as necessary, from any such infor-
mation published. 
‘‘(2) NOTIFICATION.—Not later than 3 days be-
fore making a determination to proceed with an ex-
periment under a letter of interest described in para-
graph (1), the Secretary shall provide notification 
and a description of the proposed experiment to the 
Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on 
Environment and Public Works of the Senate. 
‘‘(3) REPORT TO CONGRESS.—Not later than 2 
years after the date of enactment of the INVEST in 
America Act, the Secretary shall submit to the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on En-
vironment and Public Works of the Senate a report 
that includes— 
‘‘(A) a summary of each experiment de-
scribed in this subsection carried out over the 
previous 5 years; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
107 
‘‘(B) legislative recommendations, if any, 
based on the findings of such experiments. 
‘‘(m) COMPETITIVE GRANT PROGRAM OVERSIGHT 
AND ACCOUNTABILITY.— 
‘‘(1) IN
GENERAL.—To ensure the account-
ability and oversight of the discretionary grant selec-
tion process administered by the Secretary, a cov-
ered program shall be subject to the requirements of 
this section, in addition to the requirements applica-
ble to each covered program. 
‘‘(2) APPLICATION
PROCESS.—The Secretary 
shall— 
‘‘(A) develop a template for applicants to 
use to summarize— 
‘‘(i) project needs and benefits; and 
‘‘(ii) any factors, requirements, or 
considerations established for the applica-
ble covered program; 
‘‘(B) create a data driven process to evalu-
ate, as set forth in the covered program, each 
eligible project for which an application is re-
ceived; and 
‘‘(C) make a determination, based on the 
evaluation made pursuant to subparagraph (B), 
on any ratings, rankings, scores, or similar 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
108 
metrics for applications made to the covered 
program. 
‘‘(3) NOTIFICATION
OF
CONGRESS.—Not less 
than 15 days before making a grant for a covered 
program, the Secretary shall notify, in writing, the 
Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on 
the Environment and Public Works of the Senate 
of— 
‘‘(A) the amount for each project proposed 
to be selected; 
‘‘(B) a description of the review process; 
‘‘(C) for each application, the determina-
tion made under paragraph (2)(C); and 
‘‘(D) a detailed explanation of the basis for 
each award proposed to be selected. 
‘‘(4) NOTIFICATION OF APPLICANTS.—Not later 
than 30 days after making a grant for a project 
under a covered program, the Secretary shall send 
to all applicants under such covered program, and 
publish on the website of the Department of Trans-
portation— 
‘‘(A) a summary of each application made 
to the covered program for the given round of 
funding; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
109 
‘‘(B) the evaluation and justification for 
the project selection, including all ratings, 
rankings, scores, or similar metrics for applica-
tions made to the covered program for the given 
round of funding during each phase of the 
grant selection process. 
‘‘(5) BRIEFING.—The Secretary shall provide, 
at the request of a grant applicant of a covered pro-
gram, the opportunity to receive a briefing to explain 
any reasons the grant applicant was not awarded a 
grant. 
‘‘(6) TEMPLATE.—The Secretary shall, to the 
extent practicable, develop a template as described 
in paragraph (2)(A) for any discretionary program 
administered by the Secretary that is not a covered 
program. 
‘‘(7) COVERED PROGRAM DEFINED.—The term 
‘covered program’ means each of the following dis-
cretionary grant programs: 
‘‘(A) Community climate innovation grants 
under section 172. 
‘‘(B) Federal lands and tribal major 
projects grants under section 208. 
‘‘(C) Mobility through advanced tech-
nologies grants under section 503(c)(4). 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
110 
‘‘(D) Rebuild rural bridges program under 
section 1307 of the INVEST in America Act. 
‘‘(E) Parking for commercial motor vehicle 
grants under section 1308 of the INVEST in 
America Act. 
‘‘(F) 
Active 
connected 
transportation 
grants under section 1309 of the INVEST in 
America Act. 
‘‘(G) Wildlife crossings grants under sec-
tion 1310 of the INVEST in America Act. 
‘‘(H) Reconnecting neighborhoods capital 
construction grants under section 1311(d) of 
the INVEST in America Act.’’. 
(c) DIVISION OFFICE CONSISTENCY.—Not later than 
1 year after the date of enactment of this Act, the Comp-
troller General of the United States shall submit to Con-
gress a report that— 
(1) analyzes the consistency of determinations 
among division offices of the Federal Highway Ad-
ministration; and 
(2) makes recommendations to improve the con-
sistency of such determinations. 
(d) IMPROVING RISK BASED STEWARDSHIP
AND 
OVERSIGHT.—Not later than 180 days after the date of 
enactment of this Act, the Administrator of the Federal 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
111 
Highway Administration shall reference U.S. DOT Office 
of Inspector General Report No. ST2020035 and take the 
following actions, as necessary, to improve the risk based 
stewardship and oversight of the Federal Highway Admin-
istration: 
(1) Update and implement Federal Highway 
Administration guidance for risk-based project in-
volvement to clarify the requirements for its project 
risk-assessment process, including expectations for 
conducting and documenting the risk assessment 
and criteria to guide the reevaluation of project 
risks. 
(2) Identify and notify division offices of the 
Federal Highway Administration about sources of 
information that can inform the project risk-assess-
ment process. 
(3) Update and implement Federal Highway 
Administration guidance for risk-based project in-
volvement to clarify how the link between elevated 
risks and associated oversight activities, changes to 
oversight actions, and the results of its risk-based 
involvement should be documented in project over-
sight plans. 
(4) Develop and implement a process to rou-
tinely monitor the implementation and evaluate the 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
112 
effectiveness of Federal Highway Administration 
risk-based project involvement. 
SEC. 1107. COMPLETE AND CONTEXT SENSITIVE STREET 
DESIGN. 
(a) STANDARDS.—Section 109 of title 23, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1) by striking ‘‘planned 
future traffic of the highway in a manner that 
is conducive to’’ and inserting ‘‘future oper-
ational performance of the facility in a manner 
that enhances’’; and 
(B) in paragraph (2) by inserting ‘‘, taking 
into consideration context sensitive design prin-
ciples’’ after ‘‘each locality’’; 
(2) in subsection (b)— 
(A) by striking ‘‘The geometric’’ and in-
serting ‘‘DESIGN CRITERIA
FOR
THE INTER-
STATE SYSTEM.—The geometric’’; and 
(B) by striking ‘‘the types and volumes of 
traffic anticipated for such project for the twen-
ty-year period commencing on the date of ap-
proval by the Secretary, under section 106 of 
this title, of the plans, specifications, and esti-
mates for actual construction of such project’’ 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
113 
and inserting ‘‘the existing and future oper-
ational performance of the facility’’; 
(3) in subsection (c)(1)— 
(A) in subparagraph (C) by striking ‘‘; 
and’’ and inserting a semicolon; 
(B) in subparagraph (D) by striking the 
period and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(E) context sensitive design principles.’’; 
(4) by striking subsection (o) and inserting the 
following: 
‘‘(o) COMPLIANCE WITH STATE LAWS FOR NON- 
NHS PROJECTS.— 
‘‘(1) IN GENERAL.—Projects (other than high-
way projects on the National Highway System) 
shall— 
‘‘(A) be designed, constructed, operated, 
and maintained in accordance with State laws, 
regulations, directives, safety standards, design 
standards, and construction standards; and 
‘‘(B) take into consideration context sen-
sitive design principles. 
‘‘(2) DESIGN FLEXIBILITY.— 
‘‘(A) IN GENERAL.— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
114 
‘‘(i) IN
GENERAL.—A local jurisdic-
tion may select the most appropriate de-
sign publication for the roadway context in 
which the local jurisdiction is located for 
the design of a project on a roadway (other 
than a highway on the National Highway 
System) if— 
‘‘(I) the local jurisdiction pro-
vides notification and justification of 
the use of such design publication to 
any State in which the project is lo-
cated; and 
‘‘(II) the design complies with all 
other applicable Federal and State 
laws. 
‘‘(ii) REVIEW.—If a State rejects a 
local jurisdiction’s selection of a design 
publication under this subparagraph, the 
local jurisdiction may submit notification 
and justification of such use to the Sec-
retary. The Secretary shall make a deter-
mination to approve or deny such submis-
sion not later than 90 days after receiving 
such submission. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
115 
‘‘(B) STATE-OWNED ROADS.—In the case 
of a roadway under the ownership of the State, 
the local jurisdiction may select the most appro-
priate design publication only with the concur-
rence of the State. 
‘‘(C) PROGRAMMATIC
BASIS.—The Sec-
retary may consider the use of a design publica-
tion under this paragraph on a programmatic 
basis.’’; and 
(5) by adding at the end the following: 
‘‘(s) CONTEXT SENSITIVE DESIGN.— 
‘‘(1) 
CONTEXT
SENSITIVE
DESIGN
PRIN-
CIPLES.—The Secretary shall consult with State and 
local officials prior to approving any roadway design 
publications under this section to ensure that the de-
sign publications provide adequate flexibility for a 
project sponsor to select the appropriate design of a 
roadway, consistent with context sensitive design 
principles. 
‘‘(2) POLICIES OR PROCEDURES.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the Secretary publishes the final guidance 
described in paragraph (3), each State shall 
adopt policies or procedures to evaluate the con-
text of a proposed roadway and select the ap-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
116 
propriate design, consistent with context sen-
sitive design principles. 
‘‘(B) LOCAL
GOVERNMENTS.—The Sec-
retary and States shall encourage local govern-
ments to adopt policies or procedures described 
under subparagraph (A). 
‘‘(C) CONSIDERATIONS.—The policies or 
procedures developed under this paragraph 
shall take into consideration the guidance devel-
oped by the Secretary under paragraph (3). 
‘‘(3) GUIDANCE.— 
‘‘(A) IN GENERAL.— 
‘‘(i) NOTICE.—Not later than 1 year 
after the date of enactment of this sub-
section, the Secretary shall publish guid-
ance on the official website of the Depart-
ment of Transportation on context sen-
sitive design. 
‘‘(ii) PUBLIC
REVIEW
AND
COM-
MENT.—The guidance described in this 
paragraph shall be finalized following an 
opportunity for public review and com-
ment. 
‘‘(iii) UPDATE.—The Secretary shall 
periodically update the guidance described 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
117 
in this paragraph, including the model 
policies or procedures described under sub-
paragraph (B)(v). 
‘‘(B) CONTENTS.—The guidance described 
in this paragraph shall— 
‘‘(i) provide best practices for States, 
metropolitan planning organizations, re-
gional transportation planning organiza-
tions, local governments, or other project 
sponsors to implement context sensitive de-
sign principles; 
‘‘(ii) identify opportunities to modify 
planning, scoping, design, and development 
procedures to more effectively combine 
modes of transportation into integrated fa-
cilities that meet the needs of each of such 
modes of transportation in an appropriate 
balance; 
‘‘(iii) identify metrics to assess the 
context of the facility, including sur-
rounding land use or roadside characteris-
tics; 
‘‘(iv) assess the expected operational 
and safety performance of facility design; 
and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
118 
‘‘(v) establish model policies or proce-
dures, consistent with the findings of such 
guidance, for a State or other project spon-
sor to evaluate the context of a proposed 
facility and select the appropriate facility 
design for the context. 
‘‘(C) TOPICS OF EMPHASIS.—In addition 
to the contents in subparagraph (B), the guid-
ance shall emphasize— 
‘‘(i) procedures for identifying the 
needs of users of all ages and abilities of 
a particular roadway; 
‘‘(ii) procedures for identifying the 
types and designs of facilities needed to 
serve various modes of transportation; 
‘‘(iii) safety and other benefits pro-
vided by carrying out context sensitive de-
sign principles; 
‘‘(iv) common barriers to carrying out 
context sensitive design principles; 
‘‘(v) procedures for overcoming the 
most common barriers to carrying out con-
text sensitive design principles; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
119 
‘‘(vi) procedures for identifying the 
costs associated with carrying out context 
sensitive design principles; 
‘‘(vii) procedures for maximizing local 
cooperation in the introduction of context 
sensitive design principles and carrying out 
those principles; and 
‘‘(viii) procedures for assessing and 
modifying the facilities and operational 
characteristics of existing roadways to im-
prove consistency with context sensitive de-
sign principles. 
‘‘(4) 
FUNDING.—Amounts 
made 
available 
under sections 104(b)(6) and 505 of this title may 
be used for States, local governments, metropolitan 
planning organizations, or regional transportation 
planning organizations to adopt policies or proce-
dures to evaluate the context of a proposed roadway 
and select the appropriate design, consistent with 
context sensitive design principles.’’. 
(b) CONFORMING AMENDMENT.—Section 1404(b) of 
the FAST Act (23 U.S.C. 109 note) is repealed. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
120 
SEC. 1108. INNOVATIVE PROJECT DELIVERY FEDERAL 
SHARE. 
(a) IN GENERAL.—Section 120(c)(3)(B) of title 23, 
United States Code, is amended— 
(1) by striking clauses (i) and (ii) and inserting 
the following: 
‘‘(i) prefabricated bridge elements and 
systems, innovative materials, and other 
technologies to reduce bridge construction 
time, extend service life, and reduce preser-
vation costs, as compared to conventionally 
designed and constructed bridges; 
‘‘(ii) innovative construction equip-
ment, materials, techniques, or practices, 
including the use of in-place recycling tech-
nology, digital 3-dimensional modeling 
technologies, and advanced digital con-
struction management systems;’’; 
(2) by redesignating clause (vi) as clause (ix); 
(3) in clause (v) by striking ‘‘or’’ at the end; 
and 
(4) by inserting after clause (v) the following: 
‘‘(vi) innovative pavement materials 
that demonstrate reductions in— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
121 
‘‘(I) greenhouse gas emissions 
through sequestration or innovative 
manufacturing processes; or 
‘‘(II) 
local 
air 
pollution, 
stormwater runoff, or noise pollution; 
‘‘(vii) innovative culvert materials that 
are made with recycled content and dem-
onstrate reductions in greenhouse gas 
emissions; 
‘‘(viii) contractual provisions that pro-
vide safety contingency funds to incor-
porate safety enhancements to work zones 
prior to or during roadway construction 
and maintenance activities; or’’. 
(b) TECHNICAL AMENDMENT.—Section 107(a)(2) of 
title 23, United States Code, is amended by striking ‘‘sub-
section (c) of’’. 
SEC. 1109. TRANSFERABILITY OF FEDERAL-AID HIGHWAY 
FUNDS. 
Section 126(b) of title 23, United States Code, is 
amended— 
(1) in the heading by inserting ‘‘AND PRO-
GRAMS’’ after ‘‘SET-ASIDES’’; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
122 
(2) in 
paragraph 
(1) 
by 
striking 
‘‘and 
133(d)(1)(A)’’ and inserting ‘‘, 130, 133(d)(1)(A), 
133(h), 148(m), 149, 151(f), and 171’’; and 
(3) by striking paragraph (2) and inserting the 
following: 
‘‘(2) ENVIRONMENTAL
PROGRAMS.—With re-
spect to an apportionment under either paragraph 
(4) or paragraph (9) of section 104(b), and notwith-
standing paragraph (1), a State may only transfer 
not more than 50 percent from the amount of the 
apportionment of either such paragraph to the ap-
portionment under the other such paragraph in a 
fiscal year.’’. 
SEC. 1110. TOLLING. 
(a) TOLL ROADS, BRIDGES, TUNNELS, AND FER-
RIES.—Section 129 of title 23, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) IN GENERAL.— 
‘‘(A) AUTHORIZATION.—Subject to the 
provisions of this section, Federal participation 
shall be permitted on the same basis and in the 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
123 
same manner as construction of toll-free high-
ways is permitted under this chapter in the— 
‘‘(i) initial construction of a toll high-
way, bridge, or tunnel or approach to the 
highway, bridge, or tunnel; 
‘‘(ii) initial construction of 1 or more 
lanes or other improvements that increase 
capacity of a highway, bridge, or tunnel 
(other than a highway on the Interstate 
System) and conversion of that highway, 
bridge, or tunnel to a tolled facility, if the 
number of toll-free lanes, excluding auxil-
iary lanes, after the construction is not less 
than the number of toll-free lanes, exclud-
ing auxiliary lanes, before the construction; 
‘‘(iii) initial construction of 1 or more 
lanes or other improvements that increase 
the capacity of a highway, bridge, or tun-
nel on the Interstate System and conver-
sion of that highway, bridge, or tunnel to 
a tolled facility, if the number of toll-free 
non-HOV lanes, excluding auxiliary lanes, 
after such construction is not less than the 
number of toll-free non-HOV lanes, exclud-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
124 
ing auxiliary lanes, before such construc-
tion; 
‘‘(iv) reconstruction, resurfacing, res-
toration, rehabilitation, or replacement of a 
toll highway, bridge, or tunnel or approach 
to the highway, bridge, or tunnel; 
‘‘(v) reconstruction or replacement of 
a toll-free bridge or tunnel and conversion 
of the bridge or tunnel to a toll facility; 
‘‘(vi) reconstruction of a toll-free Fed-
eral-aid highway (other than a highway on 
the Interstate System) and conversion of 
the highway to a toll facility; 
‘‘(vii) reconstruction, restoration, or 
rehabilitation of a highway on the Inter-
state System if the number of toll-free 
non-HOV lanes, excluding auxiliary lanes, 
after reconstruction, restoration, or reha-
bilitation is not less than the number of 
toll-free non-HOV lanes, excluding auxil-
iary lanes, before reconstruction, restora-
tion, or rehabilitation; 
‘‘(viii) conversion of a high occupancy 
vehicle lane on a highway, bridge, or tun-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
125 
nel to a toll facility, subject to the require-
ments of section 166; and 
‘‘(ix) preliminary studies to determine 
the feasibility of a toll facility for which 
Federal participation is authorized under 
this paragraph. 
‘‘(B) AGREEMENT TO TOLL.— 
‘‘(i) IN
GENERAL.—Before the Sec-
retary may authorize tolling under this 
subsection, the public authority with juris-
diction over a highway, bridge, or tunnel 
shall enter into an agreement with the Sec-
retary to ensure compliance with the re-
quirements of this subsection. 
‘‘(ii) APPLICABILITY.— 
‘‘(I) IN GENERAL.—The require-
ments of this subparagraph shall 
apply to— 
‘‘(aa) Federal participation 
under subparagraph (A); 
‘‘(bb) any prior Federal par-
ticipation in the facility proposed 
to be tolled; and 
‘‘(cc) conversion, with or 
without Federal participation, of 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
126 
a non-tolled lane on the National 
Highway System to a toll facility 
under subparagraph (E). 
‘‘(II) HOV FACILITY.—Except as 
otherwise provided in this subsection 
or section 166, the provisions of this 
paragraph shall not apply to a high 
occupancy vehicle facility. 
‘‘(iii) MAJOR FEDERAL ACTION.—Ap-
proval by the Secretary of an agreement to 
toll under this paragraph shall be consid-
ered a major Federal action under the Na-
tional Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.). 
‘‘(C) AGREEMENT CONDITIONS.—Prior to 
entering into an agreement to toll under sub-
paragraph (B), the public authority shall certify 
to the Secretary that— 
‘‘(i) the public authority has estab-
lished procedures to ensure the toll meets 
the purposes and requirements of this sub-
section; 
‘‘(ii) the facility shall provide for ac-
cess at no cost to public transportation ve-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
127 
hicles and over-the-road buses serving the 
public; and 
‘‘(iii) the facility shall provide for the 
regional interoperability of electronic toll 
collection, including through technologies 
or business practices. 
‘‘(D) CONSIDERATION OF IMPACTS.— 
‘‘(i) IN GENERAL.—Prior to entering 
into an agreement to toll under subpara-
graph (B), the Secretary shall ensure the 
public authority has adequately considered, 
including by providing an opportunity for 
public comment, the following factors with-
in the corridor: 
‘‘(I) Congestion impacts on both 
the toll facility and in the corridor or 
cordon (including adjacent toll-free fa-
cilities). 
‘‘(II) In the case of a non-attain-
ment or maintenance area, air quality 
impacts. 
‘‘(III) Planned investments to 
improve public transportation or other 
non-tolled alternatives in the corridor. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
128 
‘‘(IV) Environmental justice and 
equity impacts. 
‘‘(V) Impacts on freight move-
ment. 
‘‘(VI) Economic impacts on busi-
nesses. 
‘‘(ii) CONSIDERATION
IN
ENVIRON-
MENTAL
REVIEW.—Nothing in this sub-
paragraph shall limit a public authority 
from meeting the requirements of this sub-
paragraph through the environmental re-
view process, as applicable. 
‘‘(E) CONGESTION PRICING.— 
‘‘(i) IN
GENERAL.—The Secretary 
may authorize conversion of a non-tolled 
lane on the National Highway System to a 
toll facility to utilize pricing to manage the 
demand to use the facility by varying the 
toll amount that is charged. 
‘‘(ii) REQUIREMENT.—Prior to enter-
ing into an agreement to convert a non- 
tolled lane on the National Highway Sys-
tem to a toll facility, the Secretary shall 
ensure (in addition to the requirements 
under subparagraphs (B), (C), and (D)) 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
129 
that such toll facility and the planned in-
vestments to improve public transportation 
or other non-tolled alternatives in the cor-
ridor are reasonably expected to improve 
the operation of the cordon or corridor, as 
described in clauses (iii) and (iv). 
‘‘(iii) PERFORMANCE MONITORING.— 
A public authority that enters into an 
agreement to convert a non-tolled lane to 
a toll facility under this subparagraph 
shall— 
‘‘(I) establish, monitor, and sup-
port a performance monitoring, eval-
uation, and reporting program— 
‘‘(aa) for the toll facility 
that 
provides 
for 
continuous 
monitoring, assessment, and re-
porting on the impacts that the 
pricing structure may have on 
the operation of the facility; and 
‘‘(bb) for the corridor or cor-
don that provides for continuous 
monitoring, assessment, and re-
porting on the impacts of conges-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
130 
tion pricing on the operation of 
the corridor or cordon; 
‘‘(II) submit to the Secretary an-
nual reports of the impacts described 
in subclause (I); and 
‘‘(III) if the facility or the cor-
ridor or cordon becomes degraded, as 
described in clause (iv), submit to the 
Secretary an annual update that de-
scribes the actions proposed to bring 
the toll facility into compliance and 
the progress made on such actions. 
‘‘(iv) DETERMINATION.— 
‘‘(I) DEGRADED
OPERATION.— 
For purposes of clause (iii)(III), the 
operation of a toll facility shall be 
considered to be degraded if vehicles 
operating on the facility are failing to 
maintain a minimum average oper-
ating speed 90 percent of the time 
over a consecutive 180-day period 
during peak hour periods. 
‘‘(II) DEGRADED
CORRIDOR
OR 
CORDON.—For the purposes of clause 
(iii)(III), a corridor or cordon shall be 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
131 
considered to be degraded if conges-
tion pricing or investments to improve 
public transportation or other non- 
tolled alternatives have not resulted 
in— 
‘‘(aa) an increase in person 
or freight throughput in the cor-
ridor or cordon; or 
‘‘(bb) a reduction in person 
hours of delay in the corridor or 
cordon, as determined by the 
Secretary. 
‘‘(III) DEFINITION OF MINIMUM 
AVERAGE OPERATING SPEED.—In this 
subparagraph, the term ‘minimum av-
erage operating speed’ means— 
‘‘(aa) 35 miles per hour, in 
the case of a toll facility with a 
speed limit of 45 miles per hour 
or greater; and 
‘‘(bb) not more than 10 
miles per hour below the speed 
limit, in the case of a toll facility 
with a speed limit of less than 50 
miles per hour. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
132 
‘‘(v) MAINTENANCE
OF
OPERATING 
PERFORMANCE.— 
‘‘(I) IN
GENERAL.—Not later 
than 180 days after the date on which 
a facility or a corridor or cordon be-
comes degraded under clause (iv), the 
public authority with jurisdiction over 
the facility shall submit to the Sec-
retary for approval a plan that details 
the actions the public authority will 
take to make significant progress to-
ward bringing the facility or corridor 
or cordon into compliance with this 
subparagraph. 
‘‘(II) NOTICE OF APPROVAL OR 
DISAPPROVAL.—Not later than 60 
days after the date of receipt of a 
plan under subclause (I), the Sec-
retary shall provide to the public au-
thority a written notice indicating 
whether the Secretary has approved 
or disapproved the plan based on a 
determination of whether the imple-
mentation of the plan will make sig-
nificant progress toward bringing the 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
133 
facility or corridor or cordon into 
compliance with this subparagraph. 
‘‘(III) UPDATE.—Until the date 
on which the Secretary determines 
that the public authority has brought 
the facility or corridor or cordon into 
compliance with this subparagraph, 
the public authority shall submit an-
nual updates that describe— 
‘‘(aa) the actions taken to 
bring the facility into compliance; 
‘‘(bb) the actions taken to 
bring the corridor or cordon into 
compliance; and 
‘‘(cc) the progress made by 
those actions. 
‘‘(IV) COMPLIANCE.—If a public 
authority fails to bring a facility into 
compliance under this subparagraph, 
the Secretary may subject the public 
authority 
to 
appropriate 
program 
sanctions under section 1.36 of title 
23, Code of Federal Regulations (or 
successor regulations), until the per-
formance is no longer degraded. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
134 
‘‘(vi) CONSULTATION OF MPO.—If a 
toll facility authorized under this subpara-
graph is located on the National Highway 
System and in a metropolitan planning 
area established in accordance with section 
134, the public authority shall consult with 
the metropolitan planning organization for 
the area. 
‘‘(vii) INCLUSION.—For the purposes 
of this paragraph, the corridor or cordon 
shall include toll-free facilities that are ad-
jacent to the toll facility.’’; 
(B) in paragraph (3)— 
(i) in subparagraph (A)— 
(I) in clause (iv) by striking 
‘‘and’’ at the end; and 
(II) by striking clause (v) and in-
serting the following: 
‘‘(v) any project eligible under this 
title or chapter 53 of title 49 that improves 
the operation of the corridor or cordon by 
increasing person or freight throughput 
and reducing person hours of delay; 
‘‘(vi) toll discounts or rebates for 
users of the toll facility that have no rea-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
135 
sonable alternative transportation method 
to the toll facility; and 
‘‘(vii) if the public authority certifies 
annually that the tolled facility is being 
adequately maintained and the cordon or 
corridor is not degraded under paragraph 
(1)(E), any revenues remaining after fund-
ing the activities described in clauses (i) 
through (vi) shall be considered surplus 
revenue and may be used for any other 
purpose for which Federal funds may be 
obligated by a State under this title or 
chapter 53 of title 49.’’; 
(ii) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) TRANSPARENCY.— 
‘‘(i) ANNUAL AUDIT.— 
‘‘(I) IN GENERAL.—A public au-
thority with jurisdiction over a toll fa-
cility shall conduct or have an inde-
pendent auditor conduct an annual 
audit of toll facility records to verify 
adequate maintenance and compliance 
with subparagraph (A), and report the 
results of the audits to the Secretary. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00135
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
136 
‘‘(II) RECORDS.—On reasonable 
notice, the public authority shall make 
all records of the public authority per-
taining to the toll facility available for 
audit by the Secretary. 
‘‘(ii) USE OF REVENUES.—A State or 
public authority that obligates amounts 
under clauses (v), (vi), or (vii) of subpara-
graph (A) shall annually report to the Sec-
retary a list of activities funded with such 
amounts and the amount of funding pro-
vided for each such activity.’’; 
(C) in paragraph (8) by striking ‘‘as of the 
date of enactment of the MAP–21, before com-
mencing any activity authorized’’ and inserting 
‘‘, before commencing any activity authorized’’; 
(D) in paragraph (9)— 
(i) by striking ‘‘bus’’ and inserting 
‘‘vehicle’’; and 
(ii) by striking ‘‘buses’’ and inserting 
‘‘vehicles’’; and 
(E) by striking paragraph (10) and insert-
ing the following: 
‘‘(10) 
INTEROPERABILITY
OF
ELECTRONIC 
TOLL COLLECTION.— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00136
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
137 
‘‘(A) IN
GENERAL.—All toll facilities on 
Federal-aid highways shall provide for the re-
gional interoperability of electronic toll collec-
tion, including through technologies or business 
practices. 
‘‘(B) PROHIBITION ON RESTRICTION.—No 
State, or any political subdivision thereof, shall 
restrict the information that is shared across 
public and private toll facility operators or their 
agents or contractors for purposes of facili-
tating, operating, or maintaining electronic toll 
collection programs. 
‘‘(11) NONCOMPLIANCE.—If the Secretary con-
cludes that a public authority has not complied with 
the requirements of this subsection, the Secretary 
may require the public authority to discontinue col-
lecting tolls until the public authority and the Sec-
retary enter into an agreement for the public author-
ity to achieve compliance with such requirements. 
‘‘(12) DEFINITIONS.—In this subsection, the 
following definitions apply: 
‘‘(A) FEDERAL PARTICIPATION.—The term 
‘Federal participation’ means the use of funds 
made available under this title. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00137
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
138 
‘‘(B) HIGH OCCUPANCY VEHICLE; HOV.— 
The term ‘high occupancy vehicle’ or ‘HOV’ 
means a vehicle with not fewer than 2 occu-
pants. 
‘‘(C) INITIAL CONSTRUCTION.— 
‘‘(i) IN GENERAL.—The term ‘initial 
construction’ means the construction of a 
highway, bridge, tunnel, or other facility at 
any time before it is open to traffic. 
‘‘(ii) EXCLUSIONS.—The term ‘initial 
construction’ does not include any improve-
ment to a highway, bridge, tunnel, or other 
facility after it is open to traffic. 
‘‘(D) OVER-THE-ROAD
BUS.—The term 
‘over-the-road bus’ has the meaning given the 
term in section 301 of the Americans with Dis-
abilities Act of 1990 (42 U.S.C. 12181). 
‘‘(E) 
PUBLIC
AUTHORITY.—The 
term 
‘public authority’ means a State, interstate 
compact of States, or public entity designated 
by a State. 
‘‘(F) 
PUBLIC
TRANSPORTATION
VEHI-
CLE.—The term ‘public transportation vehicle’ 
has the meaning given that term in section 166. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00138
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
139 
‘‘(G) TOLL FACILITY.—The term ‘toll fa-
cility’ means a toll highway, bridge, or tunnel or 
approach to the highway, bridge, or tunnel con-
structed or authorized to be tolled under this 
subsection.’’. 
(b) REPEAL OF INTERSTATE SYSTEM RECONSTRUC-
TION AND REHABILITATION PILOT PROGRAM.—Section 
1216 of the Transportation Equity Act for the 21st Cen-
tury (23 U.S.C. 129 note), and the item related to such 
section in the table of contents in section 1(b) of such Act, 
are repealed. 
(c) VALUE
PRICING
PILOT
PROGRAM.—Section 
1012(b) of the Intermodal Surface Transportation Effi-
ciency Act of 1991 (23 U.S.C. 149 note) is amended by 
adding at the end the following: 
‘‘(9) SUNSET.—The Secretary may not consider 
an expression of interest submitted under this sec-
tion after the date of enactment of this paragraph.’’. 
(d) SAVINGS CLAUSE.— 
(1) APPLICATION
OF
LIMITATIONS.—Any toll 
facility described in paragraph (2) shall be subject to 
the requirements of section 129(a)(3) of title 23, 
United States Code, as in effect on the day before 
the date of enactment of this Act. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00139
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
140 
(2) TOLL FACILITIES.—A toll facility described 
in this paragraph is a facility that, on the day prior 
to the date of enactment of this Act, was— 
(A) operating; 
(B) in the planning and design phase; or 
(C) in the construction phase. 
(e) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary of Transportation 
shall submit to Congress a report on the implementation 
of the interoperability of toll collection as required under 
section 1512(b) of MAP–21, including an assessment of 
the progress in, and barriers on, such implementation. 
SEC. 1111. HOV FACILITIES. 
Section 166 of title 23, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (4)(C)(iii) by striking 
‘‘transportation buses’’ and inserting ‘‘transpor-
tation vehicles’’; 
(B) in paragraph (5)(B) by striking 
‘‘2019’’ and inserting ‘‘2025’’; and 
(C) by adding at the end the following: 
‘‘(6) EMERGENCY VEHICLES.—The public au-
thority may allow the following vehicles to use the 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00140
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
141 
HOV facility if the authority establishes require-
ments for clearly identifying the vehicles: 
‘‘(A) An emergency vehicle that is respond-
ing to an existing emergency. 
‘‘(B) A blood transport vehicle that is 
transporting blood between collection points and 
hospitals or storage centers.’’. 
(2) in subsection (d)(2)(A)(i) by striking ‘‘45 
miles per hour, in the case of a HOV facility with 
a speed limit of 50 miles per hour or greater’’ and 
inserting ‘‘35 miles per hour, in the case of a HOV 
facility with a speed limit of 45 miles per hour or 
greater’’; 
(3) in subsection (d)(2)(B) by striking ‘‘morn-
ing or evening weekday peak hour periods (or both)’’ 
and inserting ‘‘peak hour periods’’; 
(4) in subsection (e)— 
(A) by striking ‘‘Not later than 180 days 
after the date of enactment of this section, the 
Administrator’’ and inserting ‘‘The Adminis-
trator’’; 
(B) in paragraph (1) by striking ‘‘and’’ at 
the end; 
(C) in paragraph (2) by striking the period 
at the end and inserting ‘‘; and’’; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00141
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
142 
(D) by adding at the end the following: 
‘‘(3) not later than 180 days after the date of 
enactment of the INVEST in America Act, update 
the requirements established under paragraph (1).’’; 
and 
(5) in subsection (f)— 
(A) in paragraph (1)— 
(i) by striking subparagraphs (C), 
(D), and (F); and 
(ii) by redesignating subparagraphs 
(E), (G), (H), and (I) as subparagraphs 
(C), (D), (E), and (F), respectively; and 
(B) in paragraph (6)(B)(i) by striking 
‘‘public entity’’ and inserting ‘‘public transpor-
tation service that is a recipient or subrecipient 
of funds under chapter 53 of title 49’’. 
SEC. 1112. BUY AMERICA. 
(a) IN GENERAL.—Section 313 of title 23, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘Notwithstanding’’ and in-
serting ‘‘IN GENERAL.—Notwithstanding’’; 
(B) by striking ‘‘Secretary of Transpor-
tation’’ and inserting ‘‘Secretary’’; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00142
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
143 
(C) by striking ‘‘the Surface Transpor-
tation Assistance Act of 1982 (96 Stat. 2097) 
or’’; and 
(D) by striking ‘‘and manufactured prod-
ucts’’ and inserting ‘‘manufactured products, 
and construction materials’’; 
(2) in subsection (b) by inserting ‘‘DETERMINA-
TION.—’’ before ‘‘The provisions’’; 
(3) in subsection (c) by striking ‘‘For purposes’’ 
and inserting ‘‘CALCULATION.—For purposes’’; 
(4) in subsection (d)— 
(A) by striking ‘‘The Secretary of Trans-
portation’’ and inserting ‘‘REQUIREMENTS.— 
The Secretary’’; and 
(B) by striking ‘‘the Surface Transpor-
tation Assistance Act of 1982 (96 Stat. 2097) 
or’’; and 
(5) by adding at the end the following: 
‘‘(h) WAIVER PROCEDURE.— 
‘‘(1) IN GENERAL.—Not later than 120 days 
after the submission of a request for a waiver, the 
Secretary shall make a determination under para-
graph (1) or (2) of subsection (b) as to whether sub-
section (a) shall apply. 
‘‘(2) PUBLIC NOTIFICATION AND COMMENT.— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00143
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
144 
‘‘(A) IN
GENERAL.—Not later than 30 
days before making a determination regarding a 
waiver described in paragraph (1), the Sec-
retary shall provide notification and an oppor-
tunity for public comment on the request for 
such waiver. 
‘‘(B) NOTIFICATION REQUIREMENTS.—The 
notification required under subparagraph (A) 
shall— 
‘‘(i) describe whether the application 
is being made for a determination de-
scribed in subsection (b)(1); and 
‘‘(ii) be provided to the public by elec-
tronic means, including on the public 
website of the Department of Transpor-
tation. 
‘‘(3) DETERMINATION.—Before a determination 
described in paragraph (1) takes effect, the Sec-
retary shall publish a detailed justification for such 
determination that addresses all public comments re-
ceived under paragraph (2)— 
‘‘(A) on the public website of the Depart-
ment of Transportation; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00144
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
145 
‘‘(B) if the Secretary issues a waiver with 
respect to such determination, in the Federal 
Register. 
‘‘(i) REVIEW OF NATIONWIDE WAIVERS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this subsection, and at 
least every 5 years thereafter, the Secretary shall re-
view any standing nationwide waiver issued by the 
Secretary under this section to ensure such waiver 
remains justified. 
‘‘(2) PUBLIC NOTIFICATION AND OPPORTUNITY 
FOR COMMENT.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days before the completion of a review under 
paragraph (1), the Secretary shall provide noti-
fication and an opportunity for public comment 
on such review. 
‘‘(B) MEANS OF NOTIFICATION.—Notifica-
tion provided under this subparagraph shall be 
provided by electronic means, including on the 
public website of the Department of Transpor-
tation. 
‘‘(3) DETAILED
JUSTIFICATION
IN
FEDERAL 
REGISTER.—After the completion of a review under 
paragraph (1), the Secretary shall publish in the 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00145
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
146 
Federal Register a detailed justification for the de-
termination made under paragraph (1) that address-
es all public comments received under paragraph 
(2). 
‘‘(4) CONSIDERATION.—In conducting the re-
view under paragraph (1), the Secretary shall con-
sider the 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 Appropria-
tions of the House of Representatives, the Committee on 
Environment and Public Works of the Senate, and the 
Committee on Appropriations of the Senate a report on 
the waivers provided under subsection (h) during the pre-
vious fiscal year and the justifications for such waivers. 
‘‘(k) CONSTRUCTION MATERIALS DEFINED.—In this 
section, the term ‘construction materials’ means primary 
materials that are commonly used in highway construc-
tion, as determined by the Secretary.’’. 
(b) CONSTRUCTION MATERIALS.— 
(1) ESTABLISHMENT OF REQUIREMENTS.—The 
Secretary shall issue such regulations as are nec-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00146
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
147 
essary to implement the amendment made sub-
section (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 sec-
tion— 
(A) shall seek to maximize jobs located in 
the United States; 
(B) may establish domestic content re-
quirements that increase over time, based on 
the current and expected future domestic avail-
ability 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 require-
ments 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, in-
cluding— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00147
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
148 
(A) construction materials; 
(B) manufactured products; 
(C) vehicles; and 
(D) alternative fuel infrastructure and 
electric vehicle supply equipment. 
(2) CONSIDERATIONS.—The research under 
paragraph (1) shall consider— 
(A) the domestic availability of covered 
items; 
(B) the supply chain for covered items. 
(C) the estimated market share of covered 
items from— 
(i) procurement under the Federal-aid 
highway program; 
(ii) procurement under other pro-
grams administered by the Secretary of 
Transportation; and 
(iii) other Federal procurement; and 
(D) the cost differential, if any, of domesti-
cally produced covered items as compared to 
non-domestically produced covered items. 
(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. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00148
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
149 
(4) DEFINITION OF COVERED ITEM.—For the 
purposes of this section, the term ‘‘covered item’’ 
means any material or product subject to the re-
quirements of section 313(a) of title 23, United 
States Code, that is commonly used in highway con-
struction or procured under the Federal-aid highway 
program. 
(d) SAFETEA–LU TECHNICAL CORRECTIONS ACT 
OF 2008.—Section 117 of the SAFETEA–LU Technical 
Corrections 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 
action as may be necessary to ensure that all laborers and 
mechanics employed by contractors and subcontractors on 
construction work performed on projects financed or oth-
erwise assisted in whole or in part by a loan, loan guar-
antee, grant, credit enhancement, or any other form of 
Federal assistance administered by the Secretary or the 
Department, including programs to capitalize revolving 
loan funds and subsequent financing cycles under such 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00149
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
150 
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 chapter 31 of title 40. With respect 
to the labor standards specified in this section, the Sec-
retary 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 sub-
section (b); and 
(3) in subsection (b), as so redesignated, by in-
serting ‘‘APPRENTICESHIP
AND SKILL TRAINING 
PROGRAMS.—’’ 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— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00150
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
151 
(1) by striking subparagraph (A) and inserting 
the following: 
‘‘(A) except as provided under subpara-
graph (C), have a term of not more than 3 
years;’’; 
(2) in subparagraph (B) by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) for any State that has assumed the 
responsibility for categorical exclusions under 
this section for at least 10 years, have a term 
of 5 years.’’. 
SEC. 1115. SURFACE TRANSPORTATION PROJECT DELIV-
ERY PROGRAM WRITTEN AGREEMENTS. 
Section 327 of title 23, United States Code, is 
amended— 
(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 insert-
ing the following: 
‘‘(5) except as provided under paragraph (7), 
have a term of not more than 5 years;’’; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00151
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
152 
(B) in paragraph (6) by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(7) for any State that has participated in a 
program under this section (or under a predecessor 
program) for at least 10 years, have a term of 10 
years.’’; 
(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), 
conduct 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 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00152
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
153 
agency of the United States for the purposes of section 
2412 of title 28.’’. 
SEC. 1116. CORROSION PREVENTION FOR BRIDGES. 
(a) DEFINITIONS.—In this section: 
(1) APPLICABLE BRIDGE PROJECTS.—The term 
‘‘applicable bridge projects’’ means a project for con-
struction, 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 
applicable 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 organiza-
tion that sets industry corrosion standards; or 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00153
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
154 
(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 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 applica-
ble bridge project. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00154
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
155 
(3) CORROSION
MANAGEMENT
SYSTEM.—In 
carrying out an applicable bridge project, a State de-
partment of transportation shall— 
(A) implement a corrosion management 
system that utilizes industry-recognized stand-
ards and corrosion mitigation and prevention 
methods to address— 
(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. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00155
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
156 
(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 cer-
tification of such contractor meets the standards of 
SSPC QP1, QP2, and QP3 or future versions of 
these standards. 
(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 em-
ploys to carry out aspects of applicable bridge projects as 
described in subsection (b)(2). 
SEC. 1117. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) States should utilize life-cycle cost analysis 
to evaluate the total economic cost of a transpor-
tation project over its expected lifetime; and 
(2) data indicating that future repair costs as-
sociated 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 
construction will help States identify the most cost- 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00156
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
157 
effective option, improve their economic perform-
ance, and lower the total cost of building and main-
taining 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 infra-
structure, renewable energy generation facilities, electrical 
transmission 
and 
distribution 
infrastructure, 
and 
broadband infrastructure and conduit shall be treated as 
a facility covered under part 645 of title 23, Code of Fed-
eral Regulations (or successor regulations), for purposes 
of being accommodated under section 109(l) of title 23, 
United States Code. 
(b) STATE APPROVAL.—A State, on behalf of the 
Secretary of Transportation, may approve the accommo-
dation of the infrastructure and facilities described in sub-
section (a) within any right-of-way on a Federal-aid high-
way pursuant 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 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00157
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
158 
title shall not apply to a covered public authority that re-
ceives funding under such title for pedestrian and bike 
safety improvements. 
(b) NO TOLL.—A covered public authority may not 
charge a toll, fee, or other levy for use of such improve-
ments. 
(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. 
(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 
Scenic Area in recognition of the outstanding nat-
ural, scenic, and recreational values of the area. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00158
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
159 
(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. 
Subtitle B—Programmatic 
Infrastructure Investment 
SEC. 1201. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 
Section 119 of title 23, United States Code, is 
amended— 
(1) by striking subsection (b) and inserting the 
following: 
‘‘(b) PURPOSES.—The purposes of the national high-
way performance program shall be— 
‘‘(1) to provide support for the condition and 
performance of the National Highway System, con-
sistent with the asset management plans of States; 
‘‘(2) to support progress toward the achieve-
ment of performance targets of States established 
under section 150; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00159
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
160 
‘‘(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 
System’’ and inserting ‘‘freight movement, envi-
ronmental sustainability, transportation system 
access, or combating climate change’’; 
(B) in paragraph (1)(B) by striking ‘‘and’’ 
at the end; 
(C) in paragraph (2)— 
(i) in subparagraph (G)— 
(I) in clause (i) by inserting 
‘‘and’’ at the end; 
(II) in clause (ii) by striking ‘‘; 
and’’ and inserting a period; and 
(III) by striking clause (iii); 
(ii) in subparagraph (I) by inserting 
‘‘, including the installation of safety bar-
riers and nets on bridges on the National 
Highway System’’ after ‘‘National High-
way System’’; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00160
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
161 
(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 in-
frastructure. 
‘‘(R) Projects on or off the National High-
way System to enhance resilience of a transpor-
tation facility eligible under section 124, includ-
ing protective features and natural infrastruc-
ture. 
‘‘(S) Projects and strategies to reduce ve-
hicle-caused wildlife mortality related to, or to 
restore and maintain connectivity among terres-
trial or aquatic habitats affected by, a transpor-
tation facility 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, 
remediation, or replacement of a highway on 
the National Highway System that creates a 
barrier to community connectivity to improve 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00161
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
162 
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; 
‘‘(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 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00162
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
163 
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 
shall take into consideration climate change ad-
aptation and resilience;’’; and 
(C) in paragraph (8) by striking ‘‘Not later 
than 18 months after the date of enactment of 
the MAP–21, the Secretary’’ and inserting 
‘‘The Secretary’’; and 
(4) by adding at the end the following: 
‘‘(k) BENEFIT-COST ANALYSIS.—In carrying out 
subsection (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; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00163
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
164 
‘‘(2) the benefit-cost analysis includes a consid-
eration 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 ben-
efit-cost analysis has a documented record of accu-
racy.’’. 
SEC. 1202. INCREASING THE RESILIENCE OF TRANSPOR-
TATION ASSETS. 
(a) PREDISASTER MITIGATION PROGRAM.— 
(1) IN GENERAL.—Chapter 1 of title 23, United 
States Code, is amended by inserting after section 
123 the following: 
‘‘§ 124. Predisaster mitigation program 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish and implement a predisaster mitigation program to 
enhance the resilience of the transportation system of the 
United States, mitigate the impacts of covered events, and 
ensure the efficient use of Federal resources. 
‘‘(b) ELIGIBLE ACTIVITIES.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
funds apportioned to the State under section 
104(b)(8) may be obligated for— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00164
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
165 
‘‘(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 
facility; and 
‘‘(iii) for an evacuation route identi-
fied in the vulnerability assessment re-
quired under section 134(i)(2)(I)(iii) or 
section 135(f)(10)(C) to— 
‘‘(I) improve the capacity or op-
eration of such evacuation route 
through communications and intel-
ligent transportation system equip-
ment and infrastructure, 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) 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00165
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
166 
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 stake-
holders plan for and prepare multimodal 
recovery efforts; and 
‘‘(ii) the establishment of region-wide 
telework training and programs. 
‘‘(2) INFRASTRUCTURE RESILIENCE AND ADAP-
TATION.—No funds shall be obligated to a project 
under this section unless the project meets each of 
the following criteria: 
‘‘(A) The project is designed to ensure re-
silience over the anticipated service life of the 
surface transportation infrastructure asset. 
‘‘(B) The project is identified in the metro-
politan or statewide transportation improve-
ment program as a project to address resilience 
vulnerabilities, 
consistent 
with 
section 
134(j)(3)(E) or 135(g)(5)(B)(iii). 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00166
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
167 
‘‘(3) PRIORITIZATION OF PROJECTS.—A State 
shall develop a process to prioritize projects under 
this section based on the degree to which the pro-
posed project would— 
‘‘(A) be cost effective 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, evacu-
ation, recovery, national security functions, or 
critical infrastructure; and 
‘‘(C) ease disruptions to vulnerable, at- 
risk, or transit-dependant populations. 
‘‘(c) GUIDANCE.—The Secretary shall provide guid-
ance to States to assist with the implementation of para-
graphs (2) and (3) of subsection (b). 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) COVERED
EVENT.—The term ‘covered 
event’ means a climate change effect (including sea 
level rise), 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-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00167
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
168 
frastructure asset’ means a facility eligible for as-
sistance under this title or chapter 53 of title 49.’’. 
(2) CONFORMING AMENDMENT.—The analysis 
for chapter 1 of title 23, United States Code, is 
amended by inserting after the item relating to sec-
tion 123 the following: 
‘‘124. Predisaster mitigation program.’’. 
(b) PROJECTS
IN FLOOD-PRONE AREAS.—Section 
109 of title 23, United States Code, is further amended 
by adding at the end the following: 
‘‘(t) PROJECTS
IN
FLOOD-PRONE
AREAS.—For 
projects and actions that, in whole or in part, encroach 
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.’’. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00168
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
169 
(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 fol-
lowing: 
‘‘(I) CLIMATE CHANGE AND RESILIENCE.— 
‘‘(i) IN
GENERAL.—The transpor-
tation planning process shall assess strate-
gies to reduce the climate change impacts 
of the surface transportation system and 
conduct a vulnerability assessment to iden-
tify opportunities to enhance the resilience 
of the surface transportation system and 
ensure the efficient use of Federal re-
sources. 
‘‘(ii) CLIMATE
CHANGE
MITIGATION 
AND
IMPACTS.—A long-range transpor-
tation plan shall— 
‘‘(I) identify investments and 
strategies to reduce transportation-re-
lated sources of greenhouse gas emis-
sions per capita; 
‘‘(II) identify investments and 
strategies to manage transportation 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00169
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
170 
demand and increase the rates of pub-
lic transportation ridership, walking, 
bicycling, and carpools; and 
‘‘(III) recommend zoning and 
other land use policies that would sup-
port infill, transit-oriented develop-
ment, and mixed use development. 
‘‘(iii) VULNERABILITY ASSESSMENT.— 
A long-range transportation plan shall in-
corporate a vulnerability assessment that— 
‘‘(I) includes a risk-based assess-
ment of vulnerabilities of critical 
transportation assets and systems to 
covered events (as such term is de-
fined in section 124); 
‘‘(II) considers, as applicable, the 
risk management analysis in the 
State’s asset management plan devel-
oped pursuant to section 119, and the 
State’s evaluation of reasonable alter-
natives to repeatedly damaged facili-
ties conducted under part 667 of title 
23, Code of Federal Regulations; 
‘‘(III) at the discretion of the 
metropolitan planning organization, 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00170
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
171 
identifies evacuation routes, assesses 
the ability of any such routes to pro-
vide safe passage for evacuation, ac-
cess to health care and public health 
facilities, and emergency response 
during an emergency event, and iden-
tifies any improvements or redundant 
facilities necessary to adequately fa-
cilitate safe passage; 
‘‘(IV) describes the metropolitan 
planning 
organization’s 
adaptation 
and resilience improvement strategies 
that will inform the transportation in-
vestment decisions of the metropolitan 
planning organization; and 
‘‘(V) is consistent with and com-
plementary of the State, Tribal, and 
local mitigation plans required under 
section 322 of the Robert T. Stafford 
Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5165). 
‘‘(iv) CONSULTATION.—The assess-
ment described in this subparagraph shall 
be developed in consultation with, as ap-
propriate, State, local, and Tribal officials 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00171
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
172 
responsible for land use, housing, resil-
ience, hazard mitigation, and emergency 
management.’’. 
(B) 
RESILIENCE
PROJECTS.—Section 
134(j)(3) of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(E) RESILIENCE
PROJECTS.—The TIP 
shall— 
‘‘(i) identify any projects that address 
the vulnerabilities identified by the assess-
ment in subsection (i)(2)(I)(iii); and 
‘‘(ii) describe how each project identi-
fied under clause (i) would improve the re-
silience of the transportation system.’’. 
(2) AMENDMENTS TO TITLE 49.— 
(A) CLIMATE CHANGE AND RESILIENCE.— 
Section 5303(i)(2) of title 49, United States 
Code, is amended by adding at the end the fol-
lowing: 
‘‘(I) CLIMATE CHANGE AND RESILIENCE.— 
‘‘(i) IN
GENERAL.—The transpor-
tation planning process shall assess strate-
gies to reduce the climate change impacts 
of the surface transportation system and 
conduct a vulnerability assessment to iden-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00172
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS