391 
(I) by inserting ‘‘reduce green-
house gas emissions,’’ after ‘‘promote 
energy conservation,’’; 
(II) by inserting ‘‘and public 
health’’ after ‘‘improve the quality of 
life’’; and 
(III) by inserting ‘‘, including 
housing and land use patterns’’ after 
‘‘economic development patterns’’; 
(ii) in subparagraph (I)— 
(I) by inserting ‘‘, sea level rise, 
extreme weather, and climate change’’ 
after ‘‘mitigate stormwater’’; and 
(II) by striking ‘‘and’’ after the 
semicolon; 
(iii) by redesignating subparagraph 
(J) as subparagraph (M); and 
(iv) by inserting after subparagraph 
(I) the following: 
‘‘(J) facilitate emergency management, re-
sponse, and evacuation and hazard mitigation; 
‘‘(K) improve the level of transportation 
system access; 
‘‘(L) support inclusive zoning policies and 
land use planning practices that incentivize af-
392 
fordable, elastic, and diverse housing supply, fa-
cilitate long-term economic growth by improving 
the accessibility of housing to jobs, and prevent 
high housing costs from displacing economically 
disadvantaged households; and’’; 
(B) in paragraph (2)— 
(i) by striking subparagraph (A) and 
inserting the following: 
‘‘(A) IN GENERAL.—Through the use of a 
performance-based approach, transportation in-
vestment decisions made as a part of the state-
wide transportation planning process shall sup-
port— 
‘‘(i) the national goals described in 
section 150(b); 
‘‘(ii) the consideration of transpor-
tation system access (consistent with sec-
tion 150(f)); 
‘‘(iii) the achievement of statewide 
targets established under section 150(d); 
and 
‘‘(iv) the general purposes described 
in section 5301 of title 49.’’; and
393 
(ii) in subparagraph (D) by striking 
‘‘statewide 
transportation 
improvement 
program’’ and inserting ‘‘STIP’’; and 
(C) in paragraph (3) by striking ‘‘state-
wide transportation improvement program’’ and 
inserting ‘‘STIP’’; 
(3) in subsection (e)(3) by striking ‘‘transpor-
tation 
improvement 
program’’ 
and 
inserting 
‘‘STIP’’; 
(4) in subsection (f)— 
(A) in paragraph (2)(D)— 
(i) in clause (i) by inserting ‘‘air qual-
ity, public health, housing, transportation, 
resilience, hazard mitigation, emergency 
management,’’ after ‘‘conservation,’’; and 
(ii) by amending clause (ii) to read as 
follows: 
‘‘(ii) COMPARISON
AND
CONSIDER-
ATION.—Consultation 
under 
clause 
(i) 
shall involve the comparison of transpor-
tation plans to other relevant plans and in-
ventories, including, if available— 
‘‘(I) State and tribal conservation 
plans or maps; and
394 
‘‘(II) inventories of natural or 
historic resources.’’; 
(B) in paragraph (3)(B)— 
(i) by striking ‘‘In carrying out’’ and 
inserting the following: 
‘‘(i) IN GENERAL.—in carrying out’’; 
(ii) 
by 
redesignating 
clauses 
(i) 
through (iv) as subclauses (I) through 
(IV), respectively; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) ADDITIONAL METHODS.—In ad-
dition to the methods described in clause 
(i), in carrying out subparagraph (A), the 
State shall, to the maximum extent prac-
ticable— 
‘‘(I) use virtual public involve-
ment, social media, and other web- 
based tools to encourage public par-
ticipation and solicit public feedback; 
and 
‘‘(II) use other methods, as ap-
propriate, to further encourage public 
participation of historically underrep-
395 
resented individuals in the transpor-
tation planning process.’’; 
(C) in paragraph (4)(A) by inserting ‘‘re-
duce greenhouse gas emissions and’’ after ‘‘po-
tential to’’; and 
(D) in paragraph (8) by inserting ‘‘green-
house gas emissions,’’ after ‘‘pollution,’’; 
(5) in subsection (g)— 
(A) in paragraph (1)(A) by striking ‘‘state-
wide transportation improvement program’’ and 
inserting ‘‘STIP’’; 
(B) in paragraph (3) by striking ‘‘opera-
tors),,’’ and inserting ‘‘operators),’’; 
(C) in paragraph (4) by striking ‘‘state-
wide transportation improvement program’’ and 
inserting ‘‘STIP’’ each place it appears; 
(D) in paragraph (5)— 
(i) in subparagraph (A) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’; 
(ii) in subparagraph (B)(ii) by strik-
ing ‘‘metropolitan transportation improve-
ment program’’ and inserting ‘‘TIP’’; 
(iii) in subparagraph (C) by striking 
‘‘transportation 
improvement 
program’’
396 
and inserting ‘‘STIP’’ each place it ap-
pears; 
(iv) in subparagraph (E) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’; 
(v) in subparagraph (F)(i) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’ each place it ap-
pears; 
(vi) in subparagraph (G)(ii) by strik-
ing ‘‘transportation improvement program’’ 
and inserting ‘‘STIP’’; and 
(vii) in subparagraph (H) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’; 
(E) in paragraph (6)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘transportation 
improvement program’’ and inserting 
‘‘STIP’’; and 
(II) by striking ‘‘and projects 
carried out under the bridge program 
or the Interstate maintenance pro-
gram’’; and 
(ii) in subparagraph (B)—
397 
(I) by striking ‘‘or under the 
bridge program or the Interstate 
maintenance program’’; 
(II) by striking ‘‘5310, 5311, 
5316, and 5317’’ and inserting ‘‘5310 
and 5311’’; and 
(III) 
by 
striking 
‘‘statewide 
transportation improvement program’’ 
and inserting ‘‘STIP’’; 
(F) in paragraph (7)— 
(i) in the heading by striking ‘‘TRANS-
PORTATION IMPROVEMENT PROGRAM’’ and 
inserting ‘‘STIP’’; and 
(ii) by striking ‘‘transportation im-
provement 
program’’ 
and 
inserting 
‘‘STIP’’; 
(G) in paragraph (8) by striking ‘‘state-
wide transportation plans and programs’’ and 
inserting ‘‘statewide transportation plans and 
STIPs’’; and 
(H) in paragraph (9) by striking ‘‘trans-
portation improvement program’’ and inserting 
‘‘STIP’’; 
(6) in subsection (h)(2)(A) by striking ‘‘Not 
later than 5 years after the date of enactment of the
398 
MAP–21,’’ and inserting ‘‘Not less frequently than 
once every 4 years,’’; 
(7) in subsection (k) by striking ‘‘transportation 
improvement program’’ and inserting ‘‘STIP’’ each 
place it appears; and 
(8) in subsection (m) by striking ‘‘transpor-
tation 
improvement 
programs’’ 
and 
inserting 
‘‘STIPs’’. 
SEC. 1403. NATIONAL GOALS AND PERFORMANCE MANAGE-
MENT MEASURES. 
(a) IN GENERAL.—Section 150 of title 23, United 
States Code, is amended— 
(1) in subsection (b)— 
(A) by redesignating paragraph (7) as 
paragraph (8); and 
(B) by inserting after paragraph (6) the 
following: 
‘‘(7) COMBATING
CLIMATE
CHANGE.—To re-
duce carbon dioxide and other greenhouse gas emis-
sions and reduce the climate impacts of the trans-
portation system.’’; 
(2) in subsection (c)— 
(A) in paragraph (1) by striking ‘‘Not 
later than 18 months after the date of enact-
399 
ment of the MAP–21, the Secretary’’ and in-
serting ‘‘The Secretary’’; and 
(B) by adding at the end the following: 
‘‘(7) GREENHOUSE GAS EMISSIONS.—The Sec-
retary shall establish, in consultation with the Ad-
ministrator of the Environmental Protection Agency, 
measures for States to use to assess— 
‘‘(A) carbon dioxide emissions per capita 
on public roads; and 
‘‘(B) any other greenhouse gas emissions 
per capita on public roads that the Secretary 
determines to be appropriate.’’; 
(3) in subsection (d)— 
(A) in paragraph (1)— 
(i) by striking ‘‘Not later than 1 year 
after the Secretary has promulgated the 
final rulemaking under subsection (c), 
each’’ and inserting ‘‘Each’’; and 
(ii) by striking ‘‘and (6)’’ and insert-
ing ‘‘(6), and (7)’’; and 
(B) by adding at the end the following: 
‘‘(3) REGRESSIVE TARGETS.— 
‘‘(A) IN GENERAL.—A State may not es-
tablish a regressive target for the measures de-
400 
scribed under paragraph (4) or paragraph (7) 
of subsection (c). 
‘‘(B) REGRESSIVE TARGET DEFINED.—In 
this paragraph, the term ‘regressive target’ 
means a target that fails to demonstrate con-
stant or improved performance for a particular 
measure.’’; 
(4) in subsection (e)— 
(A) by striking ‘‘Not later than 4 years 
after the date of enactment of the MAP–21 and 
biennially thereafter, a’’ and inserting ‘‘A’’; and 
(B) by inserting ‘‘biennial’’ after ‘‘the Sec-
retary a’’; and 
(5) by adding at the end the following: 
‘‘(f) TRANSPORTATION SYSTEM ACCESS.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish measures for States and metropolitan planning 
organizations to use to assess the level of safe, reli-
able, and convenient transportation system access 
to— 
‘‘(A) employment; and 
‘‘(B) services. 
‘‘(2) CONSIDERATIONS.—The measures estab-
lished pursuant to paragraph (1) shall include the
401 
ability for States and metropolitan planning organi-
zations to assess— 
‘‘(A) the change in the level of transpor-
tation system access for various modes of trav-
el, including connection to other modes of 
transportation, that would result from new 
transportation investments; 
‘‘(B) the level of transportation system ac-
cess for economically disadvantaged commu-
nities, including to affordable housing; and 
‘‘(C) the extent to which transportation ac-
cess is impacted by zoning policies and land use 
planning practices that effect the affordability, 
elasticity, and diversity of the housing supply. 
‘‘(3) DEFINITION OF SERVICES.—In this sub-
section, the term ‘services’ includes healthcare facili-
ties, child care, education and workforce training, 
food sources, banking and other financial institu-
tions, and other retail shopping establishments.’’. 
(b) METROPOLITAN TRANSPORTATION PLANNING.— 
Section 134 of title 23, United States Code, is further 
amended— 
(1) in subsection (j)(2)(D)—
402 
(A) by striking ‘‘PERFORMANCE
TARGET 
ACHIEVEMENT’’ in the heading and inserting 
‘‘PERFORMANCE MANAGEMENT’’; 
(B) by striking ‘‘The TIP’’ and inserting 
the following: 
‘‘(i) IN GENERAL.—The TIP’’; and 
(C) by adding at the end the following: 
‘‘(ii) TRANSPORTATION MANAGEMENT 
AREAS.—For metropolitan planning areas 
that represent an urbanized area des-
ignated as a transportation management 
area under subsection (k), the TIP shall 
include— 
‘‘(I) a discussion of the antici-
pated effect of the TIP toward achiev-
ing the performance targets estab-
lished in the metropolitan transpor-
tation plan, linking investment prior-
ities to such performance targets; and 
‘‘(II) a description of how the 
TIP would improve the overall level of 
transportation system access, con-
sistent with section 150(f).’’; 
(2) in subsection (k)— 
(A) in paragraph (3)(A)—
403 
(i) by striking ‘‘shall address conges-
tion management’’ and inserting the fol-
lowing: ‘‘shall address— 
‘‘(i) congestion management’’; 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) the overall level of transportation 
system access for various modes of travel 
within the metropolitan planning area, in-
cluding the level of access for economically 
disadvantaged 
communities, 
consistent 
with section 150(f), that is based on a co-
operatively developed and implemented 
metropolitan-wide strategy, assessing both 
new and existing transportation facilities 
eligible for funding under this title and 
chapter 53 of title 49.’’; and 
(B) in paragraph (5)(B)— 
(i) in clause (i) by striking ‘‘; and’’ 
and inserting a semicolon; 
(ii) in clause (ii) by striking the pe-
riod and inserting ‘‘; and’’; and
404 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) the TIP approved under clause 
(ii) improves the level of transportation 
system access, consistent with section 
150(f).’’; and 
(3) in subsection (l)(2)— 
(A) by striking ‘‘5 years after the date of 
enactment of the MAP–21’’ and inserting ‘‘2 
years after the date of enactment of the IN-
VEST in America Act, and every 2 years there-
after’’; 
(B) in subparagraph (C) by striking ‘‘and 
whether metropolitan planning organizations 
are developing meaningful performance targets; 
and’’ and inserting a semicolon; and 
(C) by striking subparagraph (D) and in-
serting the following: 
‘‘(D) a listing of all metropolitan planning 
organizations that are establishing performance 
targets and whether such performance targets 
established by the metropolitan planning orga-
nization are meaningful or regressive (as de-
fined in section 150(d)(3)(B)); and
405 
‘‘(E) the progress of implementing the 
measure established under section 150(f).’’. 
(c) STATEWIDE AND NONMETROPOLITAN TRANSPOR-
TATION PLANNING.—Section 135(g)(4) of title 23, United 
States Code, is further amended— 
(1) 
by 
striking 
‘‘PERFORMANCE
TARGET 
ACHIEVEMENT’’ in the heading and inserting ‘‘PER-
FORMANCE MANAGEMENT’’; 
(2) by striking ‘‘shall include, to the maximum 
extent practicable, a discussion’’ and inserting the 
following: ‘‘shall include— 
‘‘(A) a discussion’’; 
(3) by striking the period at the end and insert-
ing ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(B) a consideration of how the STIP im-
pacts the overall level of transportation system 
access, consistent with section 150(f).’’. 
(d) EFFECTIVE DATE.—The amendment made by 
subsection (a)(3)(B) shall take effect 1 year before the 
subsequent State target and reporting deadlines estab-
lished pursuant to section 150 of title 23, United States 
Code. 
(e) DEVELOPMENT
OF GREENHOUSE GAS MEAS-
URE.—Not later than 1 year after the date of enactment
406 
of this Act, the Secretary of Transportation shall issue 
such regulations as are necessary to carry out paragraph 
(7) of section 150(c) of title 23, United States Code, as 
added by this Act. 
(f) DEVELOPMENT
OF TRANSPORTATION SYSTEM 
ACCESS MEASURE.— 
(1) ESTABLISHMENT.—Not later than 120 days 
after the date of enactment of this Act, the Sec-
retary of Transportation shall establish a working 
group to assess the provisions of paragraphs (1) and 
(2) of section 150(f) and make recommendations re-
garding the establishment of measures for States 
and metropolitan planning organizations to use to 
assess the level of transportation system access for 
various modes of travel, consistent with section 
150(f) of title 23, United States Code. 
(2) MEMBERS.—The working group established 
pursuant to paragraph (1) shall include representa-
tives from— 
(A) the Department of Transportation; 
(B) State departments of transportation, 
including representatives that specialize in pe-
destrian and bicycle safety; 
(C) the Bureau of Transportation Statis-
tics;
407 
(D) metropolitan planning organizations 
representing transportation management areas 
(as those terms are defined in section 134 of 
title 23, United States Code); 
(E) other metropolitan planning organiza-
tions or local governments; 
(F) providers of public transportation; 
(G) nonprofit entities related to transpor-
tation, including relevant safety groups; 
(H) experts in the field of transportation 
access data; and 
(I) any other stakeholders, as determined 
by the Secretary. 
(3) REPORT.— 
(A) SUBMISSION.—Not later than 1 year 
after the establishment of the working group 
pursuant to paragraph (1), the working group 
shall submit to the Secretary a report of rec-
ommendations regarding the establishment of 
measures for States and metropolitan planning 
organizations to use to assess the level of trans-
portation system access, consistent with section 
150(f) of title 23, United States Code. 
(B) PUBLICATION.—Not later than 30 
days after the date on which the Secretary re-
408 
ceives the report under subparagraph (A), the 
Secretary shall publish the report on a publicly 
accessible website of the Department of Trans-
portation. 
(4) RULEMAKING.—Not later than 2 years after 
the date on which the Secretary receives the report 
under paragraph (3), the Secretary shall issue such 
regulations as are necessary to implement the re-
quirements of section 150(f) of title 23, United 
States Code. 
(5) TERMINATION.—The Secretary shall termi-
nate the working group established pursuant to 
paragraph (1) on the date on which the regulation 
issued pursuant to paragraph (4) takes effect. 
(g) TRANSPORTATION SYSTEM ACCESS DATA.— 
(1) IN GENERAL.—Not later than 90 days after 
the date on which the Secretary of Transportation 
establishes the measure required under section 
150(f) of title 23, United States Code, the Secretary 
shall develop or procure eligible transportation sys-
tem access data sets and analytical tools and make 
such data sets and analytical tools available to State 
departments of transportation and metropolitan 
planning areas that represent transportation man-
agement areas.
409 
(2) REQUIREMENTS.—An eligible transpor-
tation system access data set and analytical tool 
shall have the following characteristics: 
(A) The ability to quantify the level of 
safe, reliable, and convenient transportation 
system access to— 
(i) employment; 
(ii) services; and 
(iii) connections to other modes of 
transportation. 
(B) The ability to quantify transportation 
system access for various modes of travel, in-
cluding— 
(i) driving; 
(ii) public transportation; 
(iii) walking (including conveyance for 
persons with disabilities); and 
(iv) cycling (including micromobility). 
(C) The ability to disaggregate the level of 
transportation system access by various trans-
portation modes by a variety of population cat-
egories, including— 
(i) low-income populations; 
(ii) minority populations; 
(iii) age;
410 
(iv) disability; and 
(v) geographical location. 
(D) The ability to assess the change in the 
level of transportation system access that would 
result from new transportation investments. 
(3) CONSIDERATION.—An eligible transpor-
tation system access data set and analytical tool 
shall take into consideration safe and connected net-
works for walking, cycling, and persons with disabil-
ities. 
(h) DEFINITIONS.—In this section: 
(1) TRANSPORTATION
SYSTEM
ACCESS.—The 
term ‘‘transportation system access’’ has the mean-
ing given such term in section 101 of title 23, 
United States Code. 
(2) SERVICES.—The term ‘‘services’’ has the 
meaning given such term in section 150(f) of title 
23, United States Code. 
SEC. 1404. TRANSPORTATION DEMAND DATA AND MOD-
ELING STUDY. 
(a) STUDY.— 
(1) IN GENERAL.—The Secretary of Transpor-
tation shall conduct a study on transportation de-
mand data and modeling, including transportation 
demand forecasting, and make recommendations for
411 
developing and utilizing transportation and traffic 
demand models with a demonstrated record of accu-
racy. 
(2) CONTENTS.—In carrying out the study 
under this section, the Secretary shall— 
(A) collect observed transportation demand 
data and transportation demand forecasts from 
States and metropolitan planning organizations, 
including data and forecasts on— 
(i) traffic counts; 
(ii) transportation mode share and 
public transportation ridership; and 
(iii) vehicle occupancy measures; 
(B) compare the transportation demand 
forecasts with the observed transportation de-
mand data gathered under subparagraph (A), 
including an analysis of the level of accuracy of 
forecasts and possible reasons for large discrep-
ancies; and 
(C) use the information described in sub-
paragraphs (A) and (B) to— 
(i) develop best practices and guid-
ance for States and metropolitan planning 
organizations to use in forecasting trans-
412 
portation demand for future investments in 
transportation improvements; 
(ii) evaluate the impact of transpor-
tation investments, including new roadway 
capacity, on transportation behavior and 
transportation demand, including public 
transportation ridership, induced highway 
transportation, and congestion; 
(iii) support more accurate transpor-
tation demand forecasting by States and 
metropolitan planning organizations; 
(iv) enhance the capacity of States 
and metropolitan planning organizations 
to— 
(I) forecast transportation de-
mand; and 
(II) track observed transpor-
tation behavior responses, including 
induced transportation, to changes in 
transportation capacity, pricing, and 
land use patterns; and 
(v) develop transportation demand 
management strategies to maximize the ef-
ficiency of the transportation system, im-
413 
prove mobility, reduce congestion, and 
lower vehicle emissions. 
(3) COVERED ENTITIES.—In carrying out the 
study under this section, the Secretary shall ensure 
that data and forecasts described in paragraph 
(2)(A) are collected from— 
(A) States; 
(B) metropolitan planning organizations 
that serve an area with a population of 200,000 
people or fewer; and 
(C) metropolitan planning organizations 
that serve an area with a population of over 
200,000 people. 
(4) WORKING WITH THE PRIVATE SECTOR.—In 
carrying out this section, the Secretary may, and is 
encouraged to, procure additional data as necessary 
from university transportation centers, private sector 
providers, and other entities as is needed and may 
use funds authorized under section 503(b) of title 
23, United States Code, for carrying out this para-
graph. 
(5) 
WORKING
WITH
AFFECTED
COMMU-
NITIES.—In carrying out this section, the Secretary 
shall consult with, and collect data and input from, 
representatives of—
414 
(A) the Department of Transportation; 
(B) State departments of transportation; 
(C) metropolitan planning organizations; 
(D) local governments; 
(E) providers of public transportation; 
(F) nonprofit entities related to transpor-
tation, including safety, cycling, disability, and 
equity groups; and 
(G) any other stakeholders, as determined 
by the Secretary. 
(b) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall submit to 
Congress a report containing the findings of the study 
conducted under subsection (a). 
(c) SECRETARIAL SUPPORT.—The Secretary shall 
seek opportunities to support the transportation planning 
processes under sections 134 and 135 of title 23, United 
States Code, through the provision of data to States and 
metropolitan planning organizations to improve the qual-
ity of transportation plans, models, and demand forecasts. 
(d) UPDATE GUIDANCE AND REGULATIONS.—The 
Secretary shall— 
(1) update Department of Transportation guid-
ance and procedures to utilize best practices docu-
mented throughout the Federal program; and
415 
(2) ensure that best practices included in the 
report are incorporated into appropriate regulations 
as such regulations are updated. 
(e) CONTINUING
IMPROVEMENT.—The Secretary 
shall set out a process to repeat the study under this sec-
tion every 2 years as part of the conditions and perform-
ance report, including— 
(1) progress in the accuracy of model projec-
tions; 
(2) further recommendations for improvement; 
and 
(3) further changes to guidance, regulation, and 
procedures required for the Department of Trans-
portation to adopt best practices. 
SEC. 1405. FISCAL CONSTRAINT ON LONG-RANGE TRANS-
PORTATION PLANS. 
Not later than 1 year after the date of enactment 
of 
this 
Act, 
the 
Secretary 
shall 
amend 
section 
450.324(f)(11)(v) of title 23, Code of Federal Regulations, 
to ensure that the outer years of a metropolitan transpor-
tation plan are defined as ‘‘beyond the first 4 years’’.
416 
Subtitle E—Federal Lands, Tribes, 
and Territories 
SEC. 1501. TERRITORIAL AND PUERTO RICO HIGHWAY PRO-
GRAM. 
Section 165 of title 23, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) 
in 
paragraph 
(1) 
by 
striking 
‘‘$158,000,000’’ and inserting ‘‘$210,000,000’’; 
and 
(B) 
in 
paragraph 
(2) 
by 
striking 
‘‘$42,000,000’’ and inserting ‘‘$100,000,000’’; 
(2) in subsection (c)(6)(A)(iii) by striking ‘‘in 
accordance with subsections (b) and (c) of section 
129’’ and inserting ‘‘including such boats, facilities, 
and approaches that are privately or majority-pri-
vately owned, provided that such boats, facilities, 
and approaches provide a substantial public ben-
efit’’; and 
(3) by adding at the end the following: 
‘‘(d) PARTICIPATION OF TERRITORIES IN DISCRE-
TIONARY PROGRAMS.—For any program in which the Sec-
retary may allocate funds out of the Highway Trust Fund 
(other than the Mass Transit Account) to a State at the 
discretion of the Secretary, the Secretary may allocate
417 
funds to one or more territory for any project or activity 
that otherwise would be eligible under such program if 
such project or activity was being carried out in a State.’’. 
SEC. 1502. TRIBAL TRANSPORTATION PROGRAM. 
Section 202 of title 23, United States Code, is 
amended— 
(1) in subsection (d)— 
(A) in paragraph (1) by striking ‘‘improv-
ing deficient’’ and inserting ‘‘the construction 
and reconstruction of’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A) by inserting 
‘‘construct,’’ after ‘‘project to’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘deficient’’; and 
(II) by inserting ‘‘in poor condi-
tion’’ after ‘‘facility bridges’’; and 
(C) in paragraph (3)— 
(i) in the heading by striking ‘‘ELIGI-
BLE BRIDGES’’ and inserting ‘‘ELIGIBILITY 
FOR EXISTING BRIDGES’’; 
(ii) by striking ‘‘a bridge’’ and insert-
ing ‘‘an existing bridge’’; and 
(iii) in subparagraph (C) by striking 
‘‘structurally deficient or functionally obso-
418 
lete’’ and inserting ‘‘in poor condition’’; 
and 
(2) in subsection (e) by striking ‘‘for eligible 
projects described in section 148(a)(4).’’ and insert-
ing the following: ‘‘for— 
‘‘(A) eligible projects described in section 
148(a)(4); 
‘‘(B) projects to promote public awareness 
and education concerning highway safety mat-
ters (including bicycle, all-terrain, motorcyclist, 
and pedestrian safety); or 
‘‘(C) projects to enforce highway safety 
laws.’’. 
SEC. 1503. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. 
(a) TRIBAL TRANSPORTATION PROGRAM.—Section 
202 of title 23, United States Code, is amended— 
(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.— 
Before making any distribution under subsection (b), the 
Secretary shall set aside $50,000,000 from the funds 
made available under the tribal transportation program 
for each fiscal year to carry out the Tribal High Priority
419 
Projects program under section 1123 of MAP–21 (23 
U.S.C. 202 note).’’. 
(b) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.— 
Section 1123 of MAP–21 (23 U.S.C. 202 note) is amend-
ed— 
(1) in subsection (a)(1)(C) by striking ‘‘re-
quired by that section’’ and inserting ‘‘required 
under such program’’; 
(2) in subsection (b)(1) by striking ‘‘use 
amounts made available under subsection (h) to’’; 
(3) in subsection (d)— 
(A) in paragraph (2) by inserting ‘‘, in 
consultation with the Secretary of the Interior,’’ 
after ‘‘The Secretary’’; and 
(B) in paragraph (3) by striking ‘‘of the 
Interior’’ each place it appears; 
(4) in subsection (f) by striking ‘‘$1,000,000’’ 
and inserting ‘‘$5,000,000’’; 
(5) in subsection (g) by striking ‘‘and the Sec-
retary’’ and inserting ‘‘or the Secretary’’; and 
(6) by striking subsection (h) and inserting the 
following: 
‘‘(h) ADMINISTRATION.—The funds made available to 
carry out this section shall be administered in the same 
manner as funds made available for the Tribal transpor-
420 
tation program under section 202 of title 23, United 
States Code.’’. 
SEC. 1504. FEDERAL LANDS TRANSPORTATION PROGRAM. 
(a) IN GENERAL.—Section 203(a) of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(6) TRANSFER
FOR
HIGH-COMMUTER
COR-
RIDORS.— 
‘‘(A) REQUEST.—If the head of a covered 
agency determines that a high-commuter cor-
ridor requires additional investment, based on 
the criteria described in subparagraph (D), the 
head of a covered agency, with respect to such 
corridor, shall submit to the State— 
‘‘(i) information on condition of pave-
ments and bridges; 
‘‘(ii) an estimate of the amounts need-
ed to bring such corridor into a state of 
good repair, taking into consideration any 
planned future investments; and 
‘‘(iii) at the discretion of the head of 
a covered agency, a request that the State 
transfer to the covered agency, under the 
authority of section 132 or section 204, or 
to the Federal Highway Administration,
421 
under the authority of section 104, a por-
tion of such amounts necessary to address 
the condition of the corridor. 
‘‘(B) STATE
RESPONSE.—Not later than 
45 days after the date of receipt of the request 
described in subparagraph (A)(iii), the State 
shall— 
‘‘(i) approve the request; 
‘‘(ii) deny the request and explain the 
reasons for such denial; or 
‘‘(iii) request any additional informa-
tion necessary to take action on the re-
quest. 
‘‘(C) 
NOTIFICATION
TO
THE
SEC-
RETARY.—The head of a covered agency shall 
provide to the Secretary a copy of any request 
described under subparagraph (A)(iii) and re-
sponse described under subparagraph (B). 
‘‘(D) CRITERIA.—In making a determina-
tion under subparagraph (A), the head of a cov-
ered agency, with respect to the corridor, shall 
consider— 
‘‘(i) the condition of roads, bridges, 
and tunnels; and 
‘‘(ii) the average annual daily traffic.
422 
‘‘(E) DEFINITIONS.—In this paragraph: 
‘‘(i) COVERED
AGENCY.—The term 
‘covered agency’ means a Federal agency 
eligible to receive funds under this section, 
section 203, or section 204, including the 
Army Corps of Engineers, Bureau of Rec-
lamation, and the Bureau of Land Man-
agement. 
‘‘(ii) HIGH-COMMUTER
CORRIDOR.— 
The term ‘high-commuter corridor’ means 
a highway, bridge, or other transportation 
facility for which title and maintenance re-
sponsibility is vested in the Federal Gov-
ernment that has average annual daily 
traffic of not less than 20,000 vehicles.’’. 
(b) GAO STUDY REGARDING NPS MAINTENANCE.— 
(1) STUDY.—The Comptroller General of the 
United States shall study the National Park Service 
maintenance prioritization of Federal lands trans-
portation facilities. 
(2) CONTENTS.—At minimum, the study under 
paragraph (1) shall examine— 
(A) general administrative maintenance of 
the National Park Service;
423 
(B) how the National Park Service cur-
rently prioritizes maintenance of Federal facili-
ties covered under the Federal Lands Transpor-
tation Program; 
(C) what kind of maintenance the National 
Parkway Service is performing; 
(D) to what degree does the National Park 
Service prioritize high-commuter corridors; and 
(E) how the National Park Service can 
better service the needs of high commuter cor-
ridors. 
(3) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Comptroller Gen-
eral shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Environment and Pub-
lic Works of the Senate a report summarizing the 
study and the results of such study, including rec-
ommendations for addressing the maintenance needs 
and prioritization of high-commuter corridors. 
(4) DEFINITION
OF
HIGH-COMMUTER
COR-
RIDOR.—In this section, the term ‘‘high-commuter 
corridor’’ means a Federal lands transportation fa-
cility that has average annual daily traffic of not less 
than 20,000 vehicles.
424 
SEC. 1505. FEDERAL LANDS AND TRIBAL MAJOR PROJECTS 
PROGRAM. 
(a) IN GENERAL.—Chapter 2 of title 23, United 
States Code, is amended by inserting after section 207 the 
following: 
‘‘§ 208. Federal lands and Tribal major projects pro-
gram 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a Federal lands and Tribal major projects program 
(referred to in this section as the ‘program’) to provide 
funding to construct, reconstruct, or rehabilitate critical 
Federal lands and Tribal transportation infrastructure. 
‘‘(b) ELIGIBLE APPLICANTS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), entities eligible to receive funds under 
sections 201, 202, 203, and 204 may apply for fund-
ing under the program. 
‘‘(2) SPECIAL RULE.—A State, county, or unit 
of local government may only apply for funding 
under the program if sponsored by an eligible Fed-
eral land management agency or Indian Tribe. 
‘‘(c) ELIGIBLE PROJECTS.—An eligible project under 
the program shall be on a Federal lands transportation 
facility, a Federal lands access transportation facility, or 
a tribal transportation facility, except that such facility is
425 
not required to be included in an inventory described in 
section 202 or 203, and for which— 
‘‘(1) the project— 
‘‘(A) has completed the activities required 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) which has been 
demonstrated through— 
‘‘(i) a record of decision with respect 
to the project; 
‘‘(ii) a finding that the project has no 
significant impact; or 
‘‘(iii) a determination that the project 
is categorically excluded; or 
‘‘(B) is reasonably expected to begin con-
struction not later than 18 months after the 
date of obligation of funds for the project; and 
‘‘(2) the project has an estimated cost equal to 
or exceeding— 
‘‘(A) $12,500,000 if it is on a Federal 
lands transportation facility or a Federal lands 
access transportation facility; and 
‘‘(B) $5,000,000 if it is on a Tribal trans-
portation facility. 
‘‘(d) ELIGIBLE
ACTIVITIES.—Grant amounts re-
ceived for a project under this section may be used for—
426 
‘‘(1) development phase activities, including 
planning, feasibility analysis, revenue forecasting, 
environmental review, preliminary engineering and 
design work, and other preconstruction activities; 
and 
‘‘(2) construction, reconstruction, and rehabili-
tation activities. 
‘‘(e) APPLICATIONS.—Eligible applicants shall submit 
to the Secretary an application at such time, in such form, 
and containing such information as the Secretary may re-
quire. 
‘‘(f) PROJECT REQUIREMENTS.—The Secretary may 
select a project to receive funds under the program only 
if the Secretary determines that the project— 
‘‘(1) improves the condition of critical transpor-
tation facilities, including multimodal facilities; 
‘‘(2) cannot be easily and efficiently completed 
with amounts made available under section 202, 
203, or 204; and 
‘‘(3) is cost effective. 
‘‘(g) MERIT CRITERIA.—In making a grant under 
this section, the Secretary shall consider whether the 
project—
427 
‘‘(1) will generate state of good repair, resil-
ience, economic competitiveness, quality of life, mo-
bility, or safety benefits; 
‘‘(2) in the case of a project on a Federal lands 
transportation facility or a Federal lands access 
transportation facility, has costs matched by funds 
that are not provided under this section or this title; 
and 
‘‘(3) generates benefits for land owned by mul-
tiple Federal land management agencies or Indian 
Tribes, or which spans multiple States. 
‘‘(h) EVALUATION AND RATING.—To evaluate appli-
cations, the Secretary shall— 
‘‘(1) determine whether a project meets the re-
quirements under subsection (f); 
‘‘(2) evaluate, through a discernable and trans-
parent methodology, how each application addresses 
one or more merit criteria established under sub-
section (g); 
‘‘(3) assign a rating for each merit criteria for 
each application; and 
‘‘(4) consider applications only on the basis of 
such quality ratings and which meet the minimally 
acceptable level for each of the merit criteria. 
‘‘(i) COST SHARE.—
428 
‘‘(1) FEDERAL LANDS PROJECTS.— 
‘‘(A) IN GENERAL.—Notwithstanding sec-
tion 120, the Federal share of the cost of a 
project on a Federal lands transportation facil-
ity or a Federal lands access transportation fa-
cility shall be up to 90 percent. 
‘‘(B) 
NON-FEDERAL
SHARE.—Notwith-
standing any other provision of law, any Fed-
eral funds may be used to pay the non-Federal 
share of the cost of a project carried out under 
this section. 
‘‘(2) TRIBAL PROJECTS.—The Federal share of 
the cost of a project on a Tribal transportation facil-
ity shall be 100 percent. 
‘‘(j) USE OF FUNDS.—For each fiscal year, of the 
amounts made available to carry out this section, not more 
than 50 percent shall be used for eligible projects on Fed-
eral lands transportation facilities or Federal lands access 
transportation facilities and Tribal transportation facili-
ties, respectively.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 2 of title 23, United States Code, is amended by insert-
ing after the item relating to section 207 the following 
new item: 
‘‘208. Federal lands and Tribal major projects program.’’.
429 
(c) REPEAL.—Section 1123 of the FAST Act (23 
U.S.C. 201 note), and the item related to such section in 
the table of contents under section 1(b) of such Act, are 
repealed. 
SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AFFAIRS. 
Section 102 of title 49, United States Code, is 
amended— 
(1) in subsection (e)(1)— 
(A) by striking ‘‘6 Assistant’’ and inserting 
‘‘7 Assistant’’; 
(B) in subparagraph (C) by striking ‘‘; 
and’’ and inserting a semicolon; 
(C) by redesignating subparagraph (D) as 
subparagraph (E); and 
(D) by inserting after subparagraph (C) 
the following: 
‘‘(D) an Assistant Secretary for Tribal 
Government Affairs, who shall be appointed by 
the President; and’’; and 
(2) in subsection (f)— 
(A) in the heading by striking ‘‘DEPUTY 
ASSISTANT SECRETARY FOR TRIBAL GOVERN-
MENT AFFAIRS’’ and inserting ‘‘OFFICE
OF 
TRIBAL GOVERNMENT AFFAIRS’’; and
430 
(B) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) ESTABLISHMENT.—There is established in 
the Department an Office of Tribal Government Af-
fairs, under the Assistant Secretary for Tribal Gov-
ernment Affairs, to— 
‘‘(A) oversee the Tribal transportation self- 
governance program under section 207 of title 
23; 
‘‘(B) plan, coordinate, and implement poli-
cies and programs serving Indian Tribes and 
Tribal organizations; 
‘‘(C) coordinate Tribal transportation pro-
grams and activities in all offices and adminis-
trations of the Department; 
‘‘(D) provide technical assistance to Indian 
Tribes and Tribal organizations; 
‘‘(E) be a participant in any negotiated 
rulemakings relating to, or having an impact 
on, projects, programs, or funding associated 
with the tribal transportation program under 
section 202 of title 23; and 
‘‘(F) ensure that Department programs 
have in place, implement, and enforce require-
ments and obligations for regular and meaning-
431 
ful consultation and collaboration with Tribes 
and Tribal officials under Executive Order No. 
13175 and to serve as the primary advisor to 
the Secretary and other Department compo-
nents regarding violations of those require-
ments.’’. 
SEC. 1507. ALTERNATIVE CONTRACTING METHODS. 
(a) LAND MANAGEMENT AGENCIES
AND TRIBAL 
GOVERNMENTS.—Section 201 of title 23, United States 
Code, is amended by adding at the end the following: 
‘‘(f) ALTERNATIVE CONTRACTING METHODS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary may use a con-
tracting method available to a State under this title 
on behalf of— 
‘‘(A) a Federal land management agency, 
with respect to any funds available pursuant to 
section 203 or 204; 
‘‘(B) a Federal land management agency, 
with respect to any funds available pursuant to 
section 1535 of title 31 for any eligible use de-
scribed in sections 203(a)(1) and 204(a)(1) of 
this title; or
432 
‘‘(C) a Tribal Government, with respect to 
any 
funds 
available 
pursuant 
to 
section 
202(b)(7)(D). 
‘‘(2) METHODS
DESCRIBED.—The contracting 
methods referred to in paragraph (1) shall include, 
at a minimum— 
‘‘(A) project bundling; 
‘‘(B) bridge bundling; 
‘‘(C) design-build contracting; 
‘‘(D) 2-phase contracting; 
‘‘(E) long-term concession agreements; and 
‘‘(F) any method tested, or that could be 
tested, under an experimental program relating 
to contracting methods carried out by the Sec-
retary. 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection— 
‘‘(A) affects the application of the Federal 
share for a project carried out with a con-
tracting method under this subsection; or 
‘‘(B) modifies the point of obligation of 
Federal salaries and expenses.’’. 
(b) USE
OF ALTERNATIVE CONTRACTING METH-
OD.—In carrying out the amendments made by this sec-
tion, the Secretary shall—
433 
(1) in consultation with the applicable Federal 
land management agencies, establish procedures that 
are— 
(A) applicable to each alternative con-
tracting method; and 
(B) to the maximum extent practicable, 
consistent with requirements for Federal pro-
curement transactions; 
(2) solicit input on the use of each alternative 
contracting method from any affected industry prior 
to using such method; and 
(3) analyze and prepare an evaluation of the 
use of each alternative contracting method. 
SEC. 1508. DIVESTITURE OF FEDERALLY OWNED BRIDGES. 
(a) IN GENERAL.—The Commissioner of the Bureau 
of Reclamation may transfer ownership of a bridge that 
is owned by the Bureau of Reclamation if— 
(1) the ownership of the bridge is transferred to 
a State with the concurrence of such State; 
(2) the State to which ownership is transferred 
agrees to operate and maintain the bridge; 
(3) the transfer of ownership complies with all 
applicable Federal requirements, including— 
(A) section 138 of title 23, United States 
Code;
434 
(B) section 306108 of title 54, United 
States Code; and 
(C) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); and 
(4) the Bureau of Reclamation and the State to 
which ownership is being transferred jointly notify 
the Secretary of Transportation of the intent to con-
duct a transfer prior to such transfer. 
(b) ACCESS.—In a transfer of ownership of a bridge 
under this section, the Commissioner of the Bureau of 
Reclamation— 
(1) shall not be required to transfer ownership 
of the land on which the bridge is located or any ad-
jacent lands; and 
(2) shall make arrangements with the State to 
which ownership is being transferred to allow for 
adequate access to such bridge, including for the 
purposes of construction, maintenance, and bridge 
inspections pursuant to section 144 of title 23, 
United States Code. 
SEC. 1509. STUDY ON FEDERAL FUNDING AVAILABLE TO IN-
DIAN TRIBES. 
Not later than January 31 of each year, the Sec-
retary of Transportation shall submit to the Committee 
on Transportation and Infrastructure of the House of
435 
Representatives and the Committee on Environment and 
Public Works of the Senate a report that— 
(1) identifies the number of Indian Tribes that 
were direct recipients of funds under any discre-
tionary Federal highway, transit, or highway safety 
program in the prior fiscal year; 
(2) lists the total amount of such funds made 
available directly to such Tribes; 
(3) identifies the number and location of Indian 
Tribes that were indirect recipients of funds under 
any formula-based Federal highway, transit, or high-
way safety program in the prior fiscal year; and 
(4) lists the total amount of such funds made 
available indirectly to such tribes through states or 
other direct recipients of Federal highway, transit or 
highway safety funding. 
SEC. 1510. GAO STUDY. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a study on the deferred main-
tenance of United States forest roads, including— 
(1) the current backlog; 
(2) the current actions on such maintenance 
and backlog; 
(3) the impacts of public safety due to such de-
ferred maintenance; and
436 
(4) recommendations for Congress on ways to 
address such backlog. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General of the 
United States shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of 
the Senate a report containing the results of the study 
conducted under subsection (a). 
Subtitle F—Additional Provisions 
SEC. 1601. VISION ZERO. 
(a) IN GENERAL.—A local government, metropolitan 
planning organization, or regional transportation planning 
organization may develop and implement a vision zero 
plan to significantly reduce or eliminate transportation-re-
lated fatalities and serious injuries within a specified time-
frame, not to exceed 20 years. 
(b) USE
OF FUNDS.—Amounts apportioned to a 
State under paragraph (2) or (3) of section 104(b) of title 
23, United States Code, may be used to carry out a vision 
zero plan under this section. 
(c) CONTENTS OF PLAN.—A vision zero plan under 
this section shall include— 
(1) a description of programs, strategies, or 
policies intended to significantly reduce or eliminate
437 
transportation-related fatalities and serious injuries 
within a specified timeframe, not to exceed 20 years, 
that is consistent with a State strategic highway 
safety plan and uses existing transportation data 
and consideration of risk factors; 
(2) plans for implementation of, education of 
the public about, and enforcement of such programs, 
strategies, or policies; 
(3) a description of how such programs, strate-
gies, or policies, and the enforcement of such pro-
grams, strategies, or policies will— 
(A) equitably invest in the safety needs of 
low-income and minority communities; 
(B) ensure that such communities are not 
disproportionately targeted by law enforcement; 
and 
(C) protect the rights of members of such 
communities with respect to title VI of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d et seq.); 
and 
(4) a description of a mechanism to evaluate 
progress of the development and implementation of 
the plan, including the gathering and use of trans-
portation safety and demographic data.
438 
(d) INCLUSIONS.—A vision zero plan may include a 
complete streets prioritization plan that identifies a spe-
cific list of projects to— 
(1) create a connected network of active trans-
portation facilities, including sidewalks, bikeways, or 
pedestrian and bicycle trails, to connect communities 
and provide safe, reliable, affordable, and convenient 
access to employment, housing, and services, con-
sistent with the goals described in section 150(b) of 
title 23, United States Code; 
(2) integrate active transportation facilities with 
public transportation service or improve access to 
public transportation; and 
(3) improve transportation options for low-in-
come and minority communities. 
(e) COORDINATION.—A vision zero plan under this 
section shall provide for coordination of various subdivi-
sions of a unit of local government in the implementation 
of the plan, including subdivisions responsible for law en-
forcement, public health, data collection, and public works. 
(f) SAFETY PERFORMANCE MANAGEMENT.—A vision 
zero plan under this section is not sufficient to dem-
onstrate compliance with the safety performance or plan-
ning requirements of section 148 or 150 of title 23, United 
States Code.
439 
SEC. 1602. SPEED LIMITS. 
(a) SPEED LIMITS.—The Secretary of Transpor-
tation shall revise the Manual on Uniform Traffic Control 
Devices to provide for a safe system approach to setting 
speed limits, consistent with the safety recommendations 
issued by the National Transportation Safety Board on 
August 15, 2017, numbered H–17–27 and H–17–028. 
(b) CONSIDERATIONS.—In carrying out subpara-
graph (A), the Secretary shall consider— 
(1) crash statistics; 
(2) road geometry characteristics; 
(3) roadside characteristics; 
(4) traffic volume; 
(5) the possibility and likelihood of human 
error; 
(6) human injury tolerance; 
(7) the prevalence of vulnerable road users; and 
(8) any other consideration, consistent with a 
safe system approach, as determined by the Sec-
retary. 
(c) REPORT
ON SPEED MANAGEMENT PROGRAM 
PLAN.—Not later than 1 year after the date of enactment 
of this Act, the Secretary shall update and report on the 
implementation progress of the Speed Management Pro-
gram Plan of the Department of Transportation, as de-
scribed in the safety recommendation issued by the Na-
440 
tional Transportation Safety Board on August 15, 2017, 
numbered H–17–018. 
(d) DEFINITIONS.—In this section, the terms ‘‘safe 
system approach’’ and ‘‘vulnerable road user’’ have the 
meanings given such terms in section 148(a) of title 23, 
United States Code. 
SEC. 1603. BROADBAND INFRASTRUCTURE DEPLOYMENT. 
(a) DEFINITIONS.—In this section: 
(1) APPROPRIATE STATE AGENCY.—The term 
‘‘appropriate State agency’’ means a State govern-
mental agency that is recognized by the executive 
branch of the State as having the experience nec-
essary to evaluate and facilitate the installation and 
operation of broadband infrastructure within the 
State. 
(2) BROADBAND.—The term ‘‘broadband’’ has 
the meaning given the term ‘‘advanced telecommuni-
cations capability’’ in section 706 of the Tele-
communications Act of 1996 (47 U.S.C. 1302). 
(3) 
BROADBAND
CONDUIT.—The 
term 
‘‘broadband conduit’’ means a conduit or innerduct 
for fiber optic cables (or successor technology of 
greater quality and speed) that supports the provi-
sion of broadband.
441 
(4) BROADBAND INFRASTRUCTURE.—The term 
‘‘broadband infrastructure’’ means any buried or un-
derground facility and any wireless or wireline con-
nection that enables the provision of broadband. 
(5) 
BROADBAND
PROVIDER.—The 
term 
‘‘broadband provider’’ means an entity that provides 
broadband to any person or facilitates provision of 
broadband to any person, including, with respect to 
such entity— 
(A) a corporation, company, association, 
firm, partnership, nonprofit organization, or 
any other private entity; 
(B) a State or local broadband provider; 
(C) an Indian Tribe; and 
(D) a partnership between any of the enti-
ties described in subparagraphs (A), (B), and 
(C). 
(6) 
COVERED
HIGHWAY
CONSTRUCTION 
PROJECT.— 
(A) IN
GENERAL.—The term ‘‘covered 
highway construction project’’ means, without 
regard to ownership of a highway, a project to 
construct a new highway or an additional lane 
for an existing highway, to reconstruct an exist-
442 
ing highway, or new construction, including for 
a paved shoulder. 
(B) EXCLUSIONS.—The term ‘‘covered 
highway construction project’’ excludes any 
project— 
(i) awarded before the date on which 
regulations required under subsection (b) 
take effect; 
(ii) that does not include work beyond 
the edge of pavement or current paved 
shoulder; or 
(iii) that does not require excavation. 
(7) DIG ONCE REQUIREMENT.—The term ‘‘dig 
once requirement’’ means a requirement designed to 
reduce the cost and accelerate the deployment to 
broadband by minimizing the number and scale of 
repeated excavations for the installation and mainte-
nance of broadband conduit or broadband infrastruc-
ture in rights-of-way. 
(8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given such term in section 4(e) of 
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 5304(e)).
443 
(9) NTIA ADMINISTRATOR.—The term ‘‘NTIA 
Administrator’’ means the Assistant Secretary of 
Commerce for Communications and Information. 
(10) PROJECT.—The term ‘‘project’’ has the 
meaning given such term in section 101 of title 23, 
United States Code. 
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Transportation. 
(12) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 401 of title 23, 
United States Code. 
(13) STATE
OR
LOCAL
BROADBAND
PRO-
VIDER.—The term ‘‘State or local broadband pro-
vider’’ means a State or political subdivision thereof, 
or any agency, authority, or instrumentality of a 
State or political subdivision thereof, that provides 
broadband to any person or facilitates the provision 
of broadband to any person in that State. 
(14) TRIBAL GOVERNMENT.—The term ‘‘Tribal 
government’’ means the recognized governing body 
of an Indian Tribe or any agency, authority, or in-
strumentality of such governing body or such Indian 
Tribe. 
(b) DIG ONCE REQUIREMENT.—To facilitate the in-
stallation of broadband infrastructure, the Secretary shall,
444 
not later than 9 months after the date of enactment of 
this Act, promulgate regulations to ensure that each State 
that receives funds under chapter 1 of title 23, United 
States Code, meets the following requirements: 
(1) BROADBAND PLANNING.—The State depart-
ment of transportation, in consultation with appro-
priate State agencies, shall— 
(A) identify a broadband coordinator, who 
may have additional responsibilities in the State 
department of transportation or in another 
State agency, that is responsible for facilitating 
the broadband infrastructure right-of-way ef-
forts within the State; and 
(B) review existing State broadband plans, 
including existing dig once requirements of the 
State, 
municipal 
governments 
incorporated 
under State law, and Tribal governments within 
the State, to determine opportunities to coordi-
nate projects occurring within or across high-
way rights-of-way with planned broadband in-
frastructure projects. 
(2) NOTICE OF PLANNED CONSTRUCTION FOR 
BROADBAND PROVIDERS.—
445 
(A) NOTICE.—The State department of 
transportation, in consultation with appropriate 
State agencies, shall establish a process— 
(i) for the registration of broadband 
providers that seek to be included in the 
advance notification of, and opportunity to 
participate in, broadband infrastructure 
right-of-way facilitation efforts within the 
State; and 
(ii) 
to 
electronically 
notify 
all 
broadband 
providers 
registered 
under 
clause (i)— 
(I) of the State transportation 
improvement program on at least an 
annual basis; and 
(II) of projects within the high-
way right-of-way for which Federal 
funding is expected to be obligated in 
the subsequent fiscal year. 
(B) WEBSITE.—A State department of 
transportation shall be considered to meet the 
requirements of subparagraph (A) if such State 
department of transportation publishes on a 
public website—
446 
(i) the State transportation improve-
ment program on at least an annual basis; 
and 
(ii) projects within the highway right- 
of-way for which Federal funding is ex-
pected to be obligated in the subsequent 
fiscal year. 
(C) COORDINATION.—The State depart-
ment of transportation, in consultation with ap-
propriate State agencies, shall establish a proc-
ess for a broadband provider to commit to in-
stalling broadband conduit or broadband infra-
structure as part of any project. 
(3) REQUIRED INSTALLATION OF CONDUIT.— 
(A) IN GENERAL.—The State department 
of transportation shall install broadband con-
duit, in accordance with this paragraph, except 
as described in subparagraph (F), as part of 
any covered highway construction project, un-
less a broadband provider has committed to in-
stall broadband conduit or broadband infra-
structure as part of such project in a process 
described under paragraph (2)(C).
447 
(B) INSTALLATION REQUIREMENTS.—The 
State department of transportation shall ensure 
that— 
(i) 
an 
appropriate 
number 
of 
broadband conduits, as determined in con-
sultation with the appropriate State agen-
cies, are installed along the highway of a 
covered highway construction project to ac-
commodate multiple broadband providers, 
with consideration given to the availability 
of existing conduits; 
(ii) the size of each such conduit is 
consistent with industry best practices and 
is sufficient to accommodate potential de-
mand, as determined in consultation with 
the appropriate State agencies; 
(iii) hand holes and manholes nec-
essary for fiber access and pulling with re-
spect to such conduit are placed at inter-
vals consistent with standards determined 
in consultation with the appropriate State 
agencies (which may differ by type of road, 
topologies, and rurality) and consistent 
with safety requirements;
448 
(iv) each broadband conduit installed 
pursuant to this paragraph includes a pull 
tape and is capable of supporting fiber 
optic cable placement techniques consistent 
with best practices; and 
(v) is placed at a depth consistent 
with requirements of the covered highway 
construction project and best practices and 
that, in determining the depth of place-
ment, consideration is given to the location 
of existing utilities and cable separation re-
quirements of State and local electrical 
codes. 
(C) GUIDANCE FOR THE INSTALLATION OF 
BROADBAND CONDUIT.—The Secretary, in con-
sultation with the NTIA Administrator, shall 
issue guidance for best practices related to the 
installation of broadband conduit as described 
in this paragraph and of conduit and similar in-
frastructure for intelligent transportation sys-
tems (as such term is defined in section 501 of 
title 23, United States Code) that may utilize 
broadband conduit installed pursuant to this 
paragraph. 
(D) ACCESS.—
449 
(i) IN GENERAL.—The State depart-
ment of transportation shall ensure that 
any requesting broadband provider has ac-
cess to each broadband conduit installed 
pursuant to this paragraph, on a competi-
tively neutral and nondiscriminatory basis, 
and in accordance with State permitting, 
licensing, leasing, or other similar laws and 
regulations. 
(ii) FEE SCHEDULE.—The State de-
partment of transportation, in consultation 
with appropriate State agencies, shall pub-
lish a fee schedule for a broadband pro-
vider to access conduit installed pursuant 
to this paragraph. Fees in such schedule— 
(I) shall be consistent with the 
fees established pursuant to section 
224 of the Communications Act of 
1934 (47 U.S.C. 224); 
(II) may vary by topography, lo-
cation, type of road, rurality, and 
other factors in the determination of 
the State; and 
(III) may be updated not more 
frequently than annually.
450 
(iii) IN-KIND
COMPENSATION.—The 
State department of transportation may 
negotiate in-kind compensation with any 
broadband provider requesting access to 
broadband conduit installed under the pro-
visions of this paragraph as a replacement 
for part or all of, but not to exceed, the 
relevant fee in the fee schedule described 
in clause (ii). 
(iv) SAFETY
CONSIDERATIONS.—The 
State department of transportation shall 
require of broadband providers a process 
for safe access to the highway right-of-way 
during installation and on-going mainte-
nance of the broadband fiber optic cables 
including a traffic control safety plan. 
(v) COMMUNICATION.—A broadband 
provider with access to the conduit in-
stalled pursuant to this subsection shall 
notify and receive permission from the rel-
evant agencies of State responsible for the 
installation of such broadband conduit 
prior to accessing any highway or highway 
right-of-way, in accordance with applicable 
Federal requirements.
451 
(E) TREATMENT OF PROJECTS.—Notwith-
standing any other provision of law, broadband 
conduit and broadband infrastructure installa-
tion projects under this paragraph shall comply 
with section 113(a) of title 23, United States 
Code. 
(F) WAIVER AUTHORITY.— 
(i) IN GENERAL.—A State department 
of transportation may waive the required 
installation of broadband conduit for part 
or all of any covered highway construction 
project under this paragraph if, in the de-
termination of the State— 
(I) broadband infrastructure, ter-
restrial broadband infrastructure, aer-
ial 
broadband 
fiber 
cables, 
or 
broadband conduit is present near a 
majority of the length of the covered 
highway construction project; 
(II) the installation of conduit in-
creases overall costs of a covered high-
way construction project by 1.5 per-
cent or greater; 
(III) 
the 
installation 
of 
broadband conduit associated with
452 
covered highway construction project 
will not be utilized or connected to fu-
ture broadband infrastructure in the 
next 20 years, in the determination of 
the State department of transpor-
tation, in consultation with appro-
priate State agencies and potentially 
affected local governments and Tribal 
governments; 
(IV) the requirements of this 
paragraph would require installation 
of conduit redundant with a dig once 
requirement of a local or Tribal gov-
ernment; 
(V) there exists a circumstance 
involving force majeure; or 
(VI) other relevant factors, as de-
termined by the Secretary in consulta-
tion with the NTIA Administrator 
through regulation, warrant a waiver. 
(ii) CONTENTS OF WAIVER.—A waiver 
authorized 
under 
this 
subparagraph 
shall— 
(I) identify the covered highway 
construction project; and
453 
(II) include a brief description of 
the determination of the State for 
issuing such waiver. 
(iii) AVAILABILITY
OF
WAIVER.—A 
waiver authorized under this subparagraph 
shall be included in the plans, specifica-
tions, and estimates for the associated 
project, as long as such info is publicly 
available. 
(4) PRIORITY.—If a State provides for the in-
stallation of broadband infrastructure or broadband 
conduit in the right-of-way of an applicable project 
under this subsection, the State department of 
transportation, along with appropriate State agen-
cies, shall carry out appropriate measures to ensure 
that any existing broadband providers are afforded 
equal opportunity access, as compared to other 
broadband providers, with respect to the program 
under this subsection. 
(5) CONSULTATION.— 
(A) IN GENERAL.—In promulgating regu-
lations required by this subsection or to imple-
ment any part of this section, the Secretary 
shall consult— 
(i) the NTIA Administrator;
454 
(ii) the Federal Communications Com-
mission; 
(iii) State departments of transpor-
tation; 
(iv) appropriate State agencies; 
(v) agencies of local governments re-
sponsible for transportation and rights-of- 
way, utilities, and telecommunications and 
broadband; 
(vi) Tribal governments; 
(vii) broadband providers; and 
(viii) manufacturers of optical fiber, 
conduit, pull tape, and related items. 
(B) BROADBAND
USERS.—The Secretary 
shall ensure that the entities consulted under 
clauses (iii) through (vi) of subparagraph (A) 
include rural areas and populations with limited 
access to broadband infrastructure. 
(C) BROADBAND
PROVIDERS.—The Sec-
retary shall ensure that the entities consulted 
under clause (vii) of subparagraph (A) include 
entities who provide broadband to rural areas 
and 
populations 
with 
limited 
access 
to 
broadband infrastructure. 
(6) PROHIBITION ON UNFUNDED MANDATE.—
455 
(A) IN
GENERAL.—This subsection shall 
apply only to projects for which Federal obliga-
tions or expenditures are initially approved on 
or after the date regulations required under this 
subsection take effect. 
(B) NO
MANDATE.—Absent an available 
and dedicated Federal source of funding— 
(i) nothing in this subsection estab-
lishes a mandate or requirement that a 
State install broadband conduit in a high-
way right-of-way; and 
(ii) nothing in paragraph (3) shall es-
tablish any requirement for a State. 
(7) RULES OF CONSTRUCTION.— 
(A) STATE
LAW.—Nothing in this sub-
section shall be construed to require a State to 
install or allow the installation of broadband 
conduit or broadband infrastructure— 
(i) that is otherwise inconsistent with 
what is allowable under State law; or 
(ii) where the State lacks the author-
ity or property easement necessary for 
such installation. 
(B) NO REQUIREMENT FOR INSTALLATION 
OF MOBILE SERVICES EQUIPMENT.—Nothing in
456 
this section shall be construed to require a 
State, a municipal government incorporated 
under State law, or an Indian Tribe to install 
or allow for the installation of equipment essen-
tial for the provision of commercial mobile serv-
ices (as defined in section 332(d) of the Com-
munications Act of 1934 (47 U.S.C. 332(d))) 
or commercial mobile data service (as defined in 
section 6001 of the Middle Class Tax Relief 
and Job Creation Act of 2012 (47 U.S.C. 
1401)), other than broadband conduit and asso-
ciated 
equipment 
described 
in 
paragraph 
(3)(B). 
(c) RELATION
TO STATE DIG ONCE REQUIRE-
MENTS.—Nothing in subsection (b) or any regulations 
promulgated under subsection (b) shall be construed to 
alter or supersede any provision of a State law or regula-
tion that provides for a dig once requirement that includes 
similar or more stringent requirements to the provisions 
of subsection (b) and any regulations promulgated under 
subsection (b). 
(d) DIG ONCE FUNDING TASK FORCE.— 
(1) ESTABLISHMENT.—There is established an 
independent task force on funding the nationwide 
dig once requirement described in this section to be
457 
known as the ‘‘Dig Once Funding Task Force’’ 
(hereinafter referred to as the ‘‘Task Force’’). 
(2) DUTIES.—The duties of the Task Force 
shall be to— 
(A) estimate the annual cost for imple-
menting and administering a nationwide dig 
once requirement; and 
(B) propose and evaluate options for fund-
ing a nationwide dig once requirement described 
in this section that includes— 
(i) a discussion of the role and poten-
tial share of costs of— 
(I) the Federal Government; 
(II) State, local, and Tribal gov-
ernments; and 
(III) broadband providers; and 
(ii) consideration of the role of exist-
ing dig once requirements of State, local, 
and 
Tribal 
governments 
and 
private 
broadband investment, with a goal to not 
discourage or disincentivize such dig once 
requirements or such investment. 
(3) REPORTS.— 
(A) INTERIM
REPORT
AND
BRIEFING.— 
Not later than 9 months after the date of en-
458 
actment of this Act, the Task Force shall sub-
mit an interim report to Congress and provide 
briefings for Congress on the findings of the 
Task Force. 
(B) FINAL REPORT.—Not later than 12 
months after the date of enactment of this Act, 
the Task Force shall submit a final report to 
Congress on the findings of the Task Force. 
(4) MEMBERS.— 
(A) APPOINTMENTS.—The Task Force 
shall consist of 14 members, consisting of— 
(i) the two co-chairs described in sub-
paragraph (B); 
(ii) six members jointly appointed by 
the Speaker and minority leader of the 
House of Representatives, in consultation 
with the respective Chairs and Ranking 
Members of the— 
(I) the Committee on Transpor-
tation and Infrastructure of the 
House of Representatives; 
(II) the Committee on Energy 
and Commerce of the House of Rep-
resentatives; and
459 
(III) the Committee on Appro-
priations of the House of Representa-
tives; and 
(iii) six members jointly appointed by 
the majority leader and minority leader of 
the Senate, in consultation with the respec-
tive Chairs and Ranking Members of the— 
(I) the Committee on Environ-
ment and Public Works of the Senate; 
(II) the Committee on Com-
merce, Science, and Transportation of 
the Senate; and 
(III) the Committee on Appro-
priations of the Senate. 
(B) CO-CHAIRS.—The Task Force shall be 
co-chaired by the Secretary and the NTIA Ad-
ministrator, or their designees. 
(C) COMPOSITION.—The Task Force shall 
include at least— 
(i) one representative from a State de-
partment of transportation; 
(ii) one representative from a local 
government; 
(iii) one representative from a Tribal 
government;
460 
(iv) 
one 
representative 
from 
a 
broadband provider; 
(v) one representative from a State or 
local broadband provider; 
(vi) one representative from a labor 
union; and 
(vii) one representative from a public 
interest organization. 
(D) APPOINTMENT
DEADLINE.—Members 
shall be appointed to the Task Force not later 
than 60 days after the date of enactment of 
this Act. 
(E) EFFECT OF LACK OF APPOINTMENT 
BY APPOINTMENT DATE.—If one or more ap-
pointments required under subparagraph (A) is 
not made by the appointment date specified in 
subparagraph (D), the authority to make such 
appointment or appointments shall expire and 
the number of members of the Task Force shall 
be reduced by the number equal to the number 
of appointments so expired. 
(F) TERMS.—Members shall be appointed 
for the life of the Task Force. A vacancy in the 
Task Force shall not affect its powers and shall
461 
be filled in the same manner as the initial ap-
pointment was made. 
(5) CONSULTATIONS.—In carrying out the du-
ties required under this subsection, the Task Force 
shall consult, at a minimum— 
(A) the Federal Communications Commis-
sion; 
(B) agencies of States including— 
(i) State departments of transpor-
tation; and 
(ii) appropriate State agencies; 
(C) agencies of local governments respon-
sible for transportation and rights of way, utili-
ties, and telecommunications and broadband; 
(D) Tribal governments; 
(E) broadband providers and other tele-
communications providers; 
(F) labor unions; and 
(G) State or local broadband providers and 
Tribal governments that act as broadband pro-
viders. 
(6) ADDITIONAL PROVISIONS.— 
(A) EXPENSES FOR NON-FEDERAL MEM-
BERS.—Non-Federal members of the Task 
Force shall be allowed travel expenses, includ-
462 
ing per diem in lieu of subsistence, at rates au-
thorized for employees under subchapter I of 
chapter 57 of title 5, United States Code, while 
away from their homes or regular places of 
business in the performance of services for the 
Task Force. 
(B) STAFF.—Staff of the Task Force shall 
comprise detailees with relevant expertise from 
the Department of Transportation and the Na-
tional Telecommunications and Information Ad-
ministration, or another Federal agency the co- 
chairpersons consider appropriate, with the con-
sent of the head of the Federal agency, and 
such detailee shall retain the rights, status, and 
privileges of his or her regular employment 
without interruption. 
(C) ADMINISTRATIVE
ASSISTANCE.—The 
Secretary and NTIA Administrator shall pro-
vide to the Task Force on a reimbursable basis 
administrative support and other services for 
the performance of the functions of the Task 
Force. 
(7) TERMINATION.—The Task Force shall ter-
minate not later than 90 days after issuance of the 
final report required under paragraph (3)(B).
463 
(e) GAO STUDY.—The Comptroller General of the 
United States shall conduct a study on the deployment 
of broadband infrastructure to cities and counties with a 
population of not less than 2,500 and not more than 
50,000. 
SEC. 1604. STORMWATER BEST MANAGEMENT PRACTICES. 
(a) STUDY.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary of Transportation and the Administrator shall 
seek to enter into an agreement with the Transpor-
tation Research Board of the National Academy of 
Sciences to under which the Transportation Re-
search Board shall conduct a study— 
(A) to estimate pollutant loads from 
stormwater runoff from highways and pedes-
trian facilities eligible for assistance under title 
23, United States Code, to inform the develop-
ment of appropriate total maximum daily load 
requirements; 
(B) to provide recommendations (including 
recommended revisions to existing laws and reg-
ulations) regarding the evaluation and selection 
by State departments of transportation of po-
tential stormwater management and total max-
464 
imum daily load compliance strategies within a 
watershed, including environmental restoration 
and pollution abatement carried out under sec-
tion 328 of title 23, United States Code; 
(C) to examine the potential for the Sec-
retary to assist State departments of transpor-
tation in carrying out and communicating 
stormwater management practices for highways 
and pedestrian facilities that are eligible for as-
sistance under title 23, United States Code, 
through information-sharing agreements, data-
base assistance, or an administrative platform 
to provide the information described in sub-
paragraphs (A) and (B) to entities issued per-
mits under the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.); and 
(D) to examine the benefit of concen-
trating stormwater retrofits in impaired water-
sheds and selecting such retrofits according to 
a process that depends on a watershed manage-
ment plan developed in accordance with section 
319 of the Federal Water Pollution Control Act 
(33 U.S.C. 1329). 
(2) REQUIREMENTS.—In conducting the study 
under the agreement entered into pursuant to para-
465 
graph (1), the Transportation Research Board 
shall— 
(A) review and supplement, as appropriate, 
the methodologies examined and recommended 
in the 2019 report of the National Academies 
of Sciences, Engineering, and Medicine titled 
‘‘Approaches for Determining and Complying 
with TMDL Requirements Related to Roadway 
Stormwater Runoff’’; 
(B) consult with— 
(i) the Secretary of Transportation; 
(ii) the Secretary of Agriculture; 
(iii) the Administrator; 
(iv) the Secretary of the Army, acting 
through the Chief of Engineers; and 
(v) State departments of Transpor-
tation; and 
(C) solicit input from— 
(i) stakeholders with experience in im-
plementing stormwater management prac-
tices for projects; and 
(ii) 
educational 
and 
technical 
stormwater management groups. 
(3) REPORT.—In carrying out the agreement 
entered into pursuant to paragraph (1), not later
466 
than 18 months after the date of enactment of this 
Act, the Transportation Research Board shall sub-
mit to the Secretary of Transportation, the Adminis-
trator, the Committee on Transportation and Infra-
structure of the House of Representatives, and the 
Committee on Environment and Public Works of the 
Senate a report describing the results of the study. 
(b) STORMWATER BEST MANAGEMENT PRACTICES 
REPORTS.— 
(1) REISSUANCE.—Not later than 180 days 
after the date of enactment of this Act, the Adminis-
trator shall update and reissue the best management 
practices reports to reflect new information and ad-
vancements in stormwater management. 
(2) UPDATES.—Not less frequently than once 
every 5 years after the date on which the Secretary 
reissues the best management practices reports 
under paragraph (1), the Secretary shall update and 
reissue the best management practices reports, un-
less the contents of the best management practices 
reports have been incorporated (including by ref-
erence) into applicable regulations of the Secretary. 
(c) DEFINITIONS.—In this section:
467 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) 
BEST
MANAGEMENT
PRACTICES
RE-
PORTS.—The term ‘‘best management practices re-
ports’’ means— 
(A) the 2014 report sponsored by the De-
partment of Transportation titled ‘‘Determining 
the State of the Practice in Data Collection and 
Performance Measurement of Stormwater Best 
Management 
Practices’’ 
(FHWA–HEP–16– 
021); and 
(B) the 2000 report sponsored by the De-
partment of Transportation titled ‘‘Stormwater 
Best Management Practices in an Ultra-Urban 
Setting: Selection and Monitoring’’. 
(3) TOTAL MAXIMUM DAILY LOAD.—The term 
‘‘total maximum daily load’’ has the meaning given 
such term in section 130.2 of title 40, Code of Fed-
eral Regulations (or successor regulations). 
SEC. 1605. PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT- 
OF-WAY. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Architectural and 
Transportation Barriers Compliance Board established
468 
under section 502(a)(1) of the Rehabilitation Act of 1973 
(29 U.S.C. 792), in consultation with the Secretary of 
Transportation, shall establish accessibility guidelines set-
ting forth minimum standards for pedestrian facilities in 
the public right-of-way. 
(b) CONTENT
OF GUIDANCE.—The guidelines de-
scribed in subsection (a) shall be substantially similar to, 
and carried out under the same statutory authority as— 
(1) the notice of proposed rulemaking published 
on July 26, 2011, titled ‘‘Accessibility Guidelines for 
Pedestrian Facilities in the Public Right-of-Way’’ 
(76 Fed. Reg. 44664); and 
(2) the supplemental notice of proposed rule-
making published on February 13, 2013, titled ‘‘Ac-
cessibility Guidelines for Pedestrian Facilities in the 
Public Right-of-Way; Shared Use Paths’’ (78 Fed. 
Reg. 10110). 
(c) ADOPTION OF REGULATIONS.—Not later than 
180 days after the establishment of the guidelines pursu-
ant to subsection (a), the Secretary shall issue such regu-
lations as are necessary to adopt such guidelines. 
SEC. 1606. HIGHWAY FORMULA MODERNIZATION REPORT. 
(a) HIGHWAY FORMULA MODERNIZATION STUDY.— 
(1) IN GENERAL.—The Secretary of Transpor-
tation, in consultation with the State departments of
469 
transportation and representatives of local govern-
ments (including metropolitan planning organiza-
tions), shall conduct a highway formula moderniza-
tion study to assess the method and data used to ap-
portion Federal-aid highway funds under subsections 
(b) and (c) of section 104 of title 23, United States 
Code, and issue recommendations on such method 
and data. 
(2) ASSESSMENT.—The highway formula mod-
ernization study required under paragraph (1) shall 
include an assessment of, based on the latest avail-
able data, whether the apportionment method under 
such section results in— 
(A) an equitable distribution of funds 
based on the estimated tax payments attrib-
utable to— 
(i) highway users in the State that are 
paid into the Highway Trust Fund; and 
(ii) individuals in the State that are 
paid to the Treasury, based on contribu-
tions to the Highway Trust Fund from the 
general fund of the Treasury; and 
(B) the achievement of the goals described 
in section 101(b)(3) of title 23, United States 
Code.
470 
(3) CONSIDERATIONS.—In carrying out the as-
sessment under paragraph (2), the Secretary shall 
consider the following: 
(A) The factors described in sections 
104(b), 104(f)(2), 104(h)(2), 130(f), and 
144(e) of title 23, United States Code, as in ef-
fect on the date of enactment of SAFETEA– 
LU (Public Law 109–59). 
(B) The availability and accuracy of data 
necessary to calculate formula apportionments 
under the factors described in subparagraph 
(A). 
(C) The measures established under sec-
tion 150 of title 23, United States Code, and 
whether such measures are appropriate for con-
sideration as formula apportionment factors. 
(D) The results of the CMAQ formula 
modernization study required under subsection 
(b). 
(E) Any other factors that the Secretary 
determines are appropriate. 
(4) RECOMMENDATIONS.—The Secretary shall, 
in consultation with the State departments of trans-
portation and representatives of local governments 
(including metropolitan planning organizations), de-
471 
velop recommendations on a new apportionment 
method, including— 
(A) the factors recommended to be in-
cluded in such apportionment method; 
(B) the weighting recommended to be ap-
plied to the factors under subparagraph (A); 
and 
(C) any other recommendations to ensure 
that the apportionment method best achieves an 
equitable distribution of funds described under 
paragraph (2)(A) and the goals described in 
paragraph (2)(B). 
(b) CMAQ FORMULA MODERNIZATION STUDY.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of 
Transportation, in consultation with the Adminis-
trator of the Environmental Protection Agency, shall 
conduct an CMAQ formula modernization study to 
assess whether the apportionment method under sec-
tion 104(b)(4) of title 23, United States Code, re-
sults in a distribution of funds that best achieves the 
air quality goals of section 149 of such title. 
(2) CONSIDERATIONS.—In providing consulta-
tion under this subsection, the Administrator of the
472 
Environmental Protection Agency shall provide to 
the Secretary an analysis of— 
(A) factors that contribute to the appor-
tionment, including population, types of pollut-
ants, and severity of pollutants, as such factors 
were determined on the date prior to the date 
of enactment of MAP–21; 
(B) the weighting of the factors listed 
under subparagraph (A); and 
(C) the recency of the data used in making 
the apportionment under section 104(b)(4) of 
title 23, United States Code. 
(3) RECOMMENDATIONS.—If, in conducting the 
study under this subsection, the Secretary finds that 
modifying the apportionment method under section 
104(b)(4) of title 23, United States Code, would 
best achieve the air quality goals of section 149 of 
title 23, United States Code, the Secretary shall, in 
consultation with the Administrator, include in such 
study recommendations for a new apportionment 
method, including— 
(A) the factors recommended to be in-
cluded in such apportionment method;
473 
(B) the weighting recommended to be ap-
plied to the factors under subparagraph (A); 
and 
(C) any other recommendations to ensure 
that the apportionment method best achieves 
the air quality goals section 149 of such title. 
(c) REPORT.—No later than 2 years after the date 
of enactment of this Act, the Secretary shall submit to 
the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Envi-
ronment and Public Works of the Senate a report con-
taining the results of the highway formula modernization 
study and the CMAQ formula modernization study. 
SEC. 1607. CONSOLIDATION OF PROGRAMS. 
Section 1519 of MAP–21 (Public Law 112–141) is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘fiscal years 2016 through 
2020’’ and inserting ‘‘fiscal years 2022 through 
2025’’; and 
(B) by striking ‘‘$3,500,000’’ and insert-
ing ‘‘$4,000,000’’; 
(2) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and
474 
(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) FEDERAL SHARE.—The Federal share of the 
cost of a project or activity carried out under subsection 
(a) shall be 100 percent.’’. 
SEC. 1608. STUDENT OUTREACH REPORT TO CONGRESS. 
(a) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary of Transportation 
shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate 
a report that describes the efforts of the Department of 
Transportation to encourage elementary, secondary, and 
post-secondary students to pursue careers in the surface 
transportation sector. 
(b) CONTENTS.—The report required under sub-
section (a) shall include— 
(1) a description of efforts to increase aware-
ness of careers related to surface transportation 
among elementary, secondary, and post-secondary 
students; 
(2) a description of efforts to prepare and in-
spire such students for surface transportation ca-
reers;
475 
(3) a description of efforts to support the devel-
opment of a diverse, well-qualified workforce for fu-
ture surface transportation needs; and 
(4) the effectiveness of the efforts described in 
paragraphs (1) through (3). 
SEC. 1609. TASK FORCE ON DEVELOPING A 21ST CENTURY 
SURFACE TRANSPORTATION WORKFORCE. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall establish a task force on developing a 21st 
century surface transportation workforce (in this section 
referred to as the ‘‘Task Force’’). 
(b) DUTIES.—Not later than 12 months after the es-
tablishment of the Task Force under subsection (a), the 
Task Force shall develop and submit to the Secretary rec-
ommendations and strategies for the Department of 
Transportation to— 
(1) evaluate the current and future state of the 
surface transportation workforce, including projected 
job needs in the surface transportation sector; 
(2) identify factors influencing individuals pur-
suing careers in surface transportation, including 
barriers to attracting individuals into the workforce; 
(3) address barriers to retaining individuals in 
surface transportation careers;
476 
(4) identify and address potential impacts of 
emerging technologies on the surface transportation 
workforce; 
(5) increase access for vulnerable or underrep-
resented populations, especially women and minori-
ties, to high-skill, in-demand surface transportation 
careers; 
(6) facilitate and encourage elementary, sec-
ondary, and post-secondary students in the United 
States to pursue careers in the surface transpor-
tation sector; and 
(7) identify and develop pathways for students 
and individuals to secure pre-apprenticeships, reg-
istered apprenticeships, and other work-based learn-
ing opportunities in the surface transportation sector 
of the United States. 
(c) CONSIDERATIONS.—In developing recommenda-
tions and strategies under subsection (b), the Task Force 
shall— 
(1) identify factors that influence whether 
young people pursue careers in surface transpor-
tation, especially traditionally underrepresented pop-
ulations, including women and minorities; 
(2) consider how the Department, businesses, 
industry, labor, educators, and other stakeholders
477 
can coordinate efforts to support qualified individ-
uals in pursuing careers in the surface transpor-
tation sector; 
(3) identify methods of enhancing surface 
transportation pre-apprenticeships and registered 
apprenticeships, job skills training, mentorship, edu-
cation, and outreach programs that are exclusive to 
youth in the United States; and 
(4) identify potential sources of funding, includ-
ing grants and scholarships, that may be used to 
support youth and other qualified individuals in pur-
suing careers in the surface transportation sector. 
(d) CONSULTATION.—In developing the recommenda-
tions and strategies required under subsection (b), the 
Task Force may consult with— 
(1) local educational agencies and institutes of 
higher education, including community colleges and 
vocational schools; and 
(2) State workforce development boards. 
(e) REPORT.—Not later than 60 days after the sub-
mission of the recommendations and strategies under sub-
section (b), the Secretary shall submit to the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and
478 
Public Works of the Senate a report containing such rec-
ommendations and strategies. 
(f) COMPOSITION OF TASK FORCE.—The Secretary 
shall appoint members to the Task Force whose diverse 
background and expertise allow such members to con-
tribute balanced points of view and ideas in carrying out 
this section, comprised of equal representation from each 
of the following: 
(1) Industries in the surface transportation sec-
tor. 
(2) Surface transportation sector labor organi-
zations. 
(3) Such other surface transportation stake-
holders and experts as the Secretary considers ap-
propriate. 
(g) PERIOD OF APPOINTMENT.—Members shall be 
appointed to the Task Force for the duration of the exist-
ence of the Task Force. 
(h) COMPENSATION.—Task Force members shall 
serve without compensation. 
(i) SUNSET.—The Task Force shall terminate upon 
the submission of the report required under subsection (e). 
(j) DEFINITIONS.—In this section: 
(1) PRE-APPRENTICESHIP.—The term ‘‘pre-ap-
prenticeship’’ means a training model or program
479 
that prepares individuals for acceptance into a reg-
istered apprenticeship and has a demonstrated part-
nership with one or more registered apprenticeships. 
(2) REGISTERED APPRENTICESHIP.—The term 
‘‘registered apprenticeship’’ means an apprenticeship 
program registered under the Act of August 16, 
1937 (29 U.S.C. 50 et seq.; commonly known as the 
‘‘National Apprenticeship Act’’), that satisfies the 
requirements of parts 29 and 30 of title 29, Code 
of Federal Regulations (as in effect on January 1, 
2020). 
SEC. 1610. ON-THE-JOB TRAINING AND SUPPORTIVE SERV-
ICES. 
Section 140(b) of title 23, United States Code, is 
amended to read as follows: 
‘‘(b) WORKFORCE TRAINING AND DEVELOPMENT.— 
‘‘(1) IN GENERAL.—The Secretary, in coopera-
tion with the Secretary of Labor and any other de-
partment or agency of the Government, State agen-
cy, authority, association, institution, Indian Tribal 
government, corporation (profit or nonprofit), or any 
other organization or person, is authorized to de-
velop, conduct, and administer surface transpor-
tation and technology training, including skill im-
480 
provement programs, and to develop and fund sum-
mer transportation institutes. 
‘‘(2) STATE
RESPONSIBILITIES.—A State de-
partment of transportation participating in the pro-
gram under this subsection shall— 
‘‘(A) develop an annual workforce plan 
that identifies immediate and anticipated work-
force gaps and underrepresentation of women 
and minorities and a detailed plan to fill such 
gaps and address such underrepresentation; 
‘‘(B) establish an annual workforce devel-
opment compact with the State workforce devel-
opment board and appropriate agencies to pro-
vide a coordinated approach to workforce train-
ing, job placement, and identification of train-
ing and skill development program needs, which 
shall be coordinated to the extent practical with 
an institution or agency, such as a State work-
force development board under section 101 of 
the Workforce Innovation and Opportunities 
Act (29 U.S.C. 3111), that has established 
skills training, recruitment, and placement re-
sources; and 
‘‘(C) demonstrate program outcomes, in-
cluding—
481 
‘‘(i) impact on areas with transpor-
tation workforce shortages; 
‘‘(ii) diversity of training participants; 
‘‘(iii) number and percentage of par-
ticipants obtaining certifications or creden-
tials required for specific types of employ-
ment; 
‘‘(iv) employment outcome, including 
job placement and job retention rates and 
earnings, using performance metrics estab-
lished in consultation with the Secretary of 
Labor and consistent with metrics used by 
programs under the Workforce Innovation 
and Opportunity Act (29 U.S.C. 3101 et 
seq.); and 
‘‘(v) to the extent practical, evidence 
that the program did not preclude workers 
that participate in training or registered 
apprenticeship activities under the pro-
gram from being referred to, or hired on, 
projects funded under this chapter. 
‘‘(3) FUNDING.—From administrative funds 
made available under section 104(a), the Secretary 
shall deduct such sums as necessary, not to exceed 
$10,000,000 in each fiscal year, for the administra-
482 
tion of this subsection. Such sums shall remain 
available until expended. 
‘‘(4) NONAPPLICABILITY
OF
TITLE
41.—Sub-
sections (b) through (d) of section 6101 of title 41 
shall not apply to contracts and agreements made 
under the authority granted to the Secretary under 
this subsection. 
‘‘(5) USE OF SURFACE TRANSPORTATION PRO-
GRAM AND NATIONAL HIGHWAY PERFORMANCE PRO-
GRAM FUNDS.—Notwithstanding any other provision 
of law, not to exceed 1⁄2 of 1 percent of funds appor-
tioned to a State under paragraph (1) or (2) of sec-
tion 104(b) may be available to carry out this sub-
section upon request of the State transportation de-
partment to the Secretary.’’. 
SEC. 1611. APPALACHIAN DEVELOPMENT HIGHWAY SYS-
TEM FUNDING FLEXIBILITY. 
(a) IN GENERAL.—Any funds made available to a 
State for the Appalachian development highway system 
program under subtitle IV of title 40, United States Code, 
before the date of enactment of this Act may be used, at 
the request of such State to the Secretary of Transpor-
tation, for the purposes described in section 133(b) of title 
23, United States Code.
483 
(b) LIMITATION.—The authority in subsection (a) 
may only be used by an Appalachian development highway 
system State if all of the Appalachian development high-
way system corridors authorized by subtitle IV of title 40, 
United States Code, in such State, have been fully com-
pleted and are open to traffic prior to the State making 
a request to the Secretary as described in subsection (a). 
SEC. 1612. TRANSPORTATION EDUCATION DEVELOPMENT 
PROGRAM. 
Section 504 of title 23, United States Code, is 
amended— 
(1) in subsection (e)(1) by inserting ‘‘and (8) 
through (9)’’ after ‘‘paragraphs (1) through (4)’’; 
and 
(2) in subsection (f) by adding at the end the 
following: 
‘‘(4) REPORTS.—The Secretary shall submit to 
the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the 
Senate an annual report that includes— 
‘‘(A) a list of all grant recipients under 
this subsection;
484 
‘‘(B) an explanation of why each recipient 
was chosen in accordance with the criteria 
under paragraph (2); 
‘‘(C) a summary of each recipient’s objec-
tive to carry out the purpose described in para-
graph (1) and an analysis of progress made to-
ward achieving each such objective; 
‘‘(D) an accounting for the use of Federal 
funds obligated or expended in carrying out this 
subsection; and 
‘‘(E) an analysis of outcomes of the pro-
gram under this subsection.’’. 
SEC. 1613. WORKING GROUP ON CONSTRUCTION RE-
SOURCES. 
(a) ESTABLISHMENT.—Not later than 120 days after 
the date of enactment of this Act, the Secretary of Trans-
portation shall establish a working group (in this section 
referred to as the ‘‘Working Group’’) to conduct a study 
on access to covered resources for infrastructure projects. 
(b) MEMBERSHIP.— 
(1) APPOINTMENT.—The Secretary shall ap-
point to the Working Group individuals with knowl-
edge and expertise in the production and transpor-
tation of covered resources.
485 
(2) REPRESENTATION.—The Working Group 
shall include at least one representative of each of 
the following: 
(A) State departments of transportation. 
(B) State agencies associated with covered 
resources protection. 
(C) State planning and geologic survey and 
mapping agencies. 
(D) Commercial motor vehicle operators, 
including small business operators and opera-
tors who transport covered resources. 
(E) Covered resources producers. 
(F) Construction contractors. 
(G) Labor organizations. 
(H) Metropolitan planning organizations 
and regional planning organizations. 
(I) Indian Tribes, including Tribal elected 
leadership or Tribal transportation officials. 
(J) Any other stakeholders that the Sec-
retary determines appropriate. 
(3) TERMINATION.—The Working Group shall 
terminate 6 months after the date on which the Sec-
retary receives the report under subsection (e)(1). 
(c) DUTIES.—In carrying out the study required 
under subsection (a), the Working Group shall analyze—
486 
(1) the use of covered resources in transpor-
tation projects funded with Federal dollars; 
(2) how the proximity of covered resources to 
such projects affects the cost and environmental im-
pact of such projects; 
(3) whether and how State, Tribal, and local 
transportation and planning agencies consider cov-
ered resources when developing transportation 
projects; and 
(4) any challenges for transportation project 
sponsors regarding access and proximity to covered 
resources. 
(d) CONSULTATION.—In carrying out the study re-
quired under subsection (a), the Working Group shall con-
sult with, as appropriate— 
(1) chief executive officers of States; 
(2) State, Tribal, and local transportation and 
planning agencies; 
(3) other relevant State, Tribal, and local agen-
cies, including State agencies associated with cov-
ered resources protection; 
(4) members of the public with industry experi-
ence with respect to covered resources; 
(5) other Federal entities that provide funding 
for transportation projects; and
487 
(6) any other stakeholder the Working Group 
determines appropriate. 
(e) REPORTS.— 
(1) WORKING GROUP REPORT.—Not later than 
2 years after the date on which the Working Group 
is established, the Working Group shall submit to 
the Secretary a report that includes— 
(A) the findings of the study required 
under subsection (a), including a summary of 
comments received during the consultation 
process under subsection (d); and 
(B) any recommendations to preserve ac-
cess to and reduce the costs and environmental 
impacts of covered resources for infrastructure 
projects. 
(2) DEPARTMENTAL REPORT.—Not later than 
3 months after the date on which the Secretary re-
ceives the report under paragraph (1), the Secretary 
shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives 
and the Committee on Environment and Public 
Works of the Senate a summary of the findings 
under such report and any recommendations, as ap-
propriate. 
(f) DEFINITIONS.—In this section:
488 
(1) COVERED RESOURCES.—The term ‘‘covered 
resources’’ means common variety materials used in 
transportation infrastructure construction and main-
tenance, including stone, sand, and gravel. 
(2) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, and 
each territory or possession of the United States. 
SEC. 1614. NUMBERING SYSTEM OF HIGHWAY INTER-
CHANGES. 
(a) IN GENERAL.—Notwithstanding section 315 of 
title 23, United States Code, and section 1.36 of title 23, 
Code of Federal Regulations, the Secretary of Transpor-
tation may not impose a penalty on a State that does not 
comply with section 2E.31 of the Manual on Uniform 
Traffic Control Devices (or a successor section) with re-
spect to the numbering of highway interchanges. 
(b) APPLICABILITY.—Subsection (a) shall only apply 
to a method of numbering of a highway interchange in 
effect on the date of enactment of this Act. 
SEC. 1615. TOLL CREDITS. 
(a) PURPOSES.—The Secretary of Transportation 
shall— 
(1) identify the extent of the demand to pur-
chase toll credits;
489 
(2) identify the expected cash price of toll cred-
its; 
(3) analyze the impact of the exchange of toll 
credits on transportation expenditures; and 
(4) identify any other repercussions of estab-
lishing a toll credit exchange. 
(b) SOLICITATION.—To carry out the requirements of 
this section, the Secretary shall solicit information from 
States eligible to use a credit under section 120(i) of title 
23, United States Code, including— 
(1) the amount of unused toll credits, includ-
ing— 
(A) toll revenue generated and the sources 
of that revenue; 
(B) toll revenue used by public, quasi-pub-
lic, and private agencies to build, improve, or 
maintain highways, bridges, or tunnels that 
serve the public purpose of interstate commerce; 
and 
(C) an accounting of any Federal funds 
used by the public, quasi-public, or private 
agency to build, improve, or maintain the toll 
facility, to validate that the credit has been re-
duced by a percentage equal to the percentage 
of the total cost of building, improving, or
490 
maintaining the facility that was derived from 
Federal funds; 
(2) the documentation of maintenance of effort 
for toll credits earned by the State; and 
(3) the accuracy of the accounting system of 
the State to earn and track toll credits. 
(c) WEBSITE.—The Secretary shall make available a 
publicly accessible website on which a State eligible to use 
a credit under section 120(i) of title 23, United States 
Code shall publish the information described under sub-
section (b)(1). 
(d) EVALUATION AND RECOMMENDATIONS TO CON-
GRESS.—Not later than 2 years after the date of enact-
ment of this Act, the Secretary shall provide to the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Environment 
and Public Works of the Senate, and make publicly avail-
able on the website of the Department of Transpor-
tation— 
(1) an evaluation of the accuracy of the ac-
counting and documentation of toll credits earned 
under section 120(i); 
(2) a determination whether a toll credit mar-
ketplace is viable and cost effective;
491 
(3) estimates, to the extent possible, of the av-
erage sale price of toll credits; and 
(4) recommendations on any modifications nec-
essary, including legislative changes, to establish and 
implement a toll credit exchange program. 
(e) DEFINITION.—In this section, the term ‘‘State’’ 
has the meaning given the term in section 101(a) of title 
23, United States Code. 
SEC. 1616. TRANSPORTATION CONSTRUCTION MATERIALS 
PROCUREMENT. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of enactment of this Act, the Secretary of Trans-
portation shall initiate a review of the procurement proc-
esses used by State departments of transportation to se-
lect construction materials on projects utilizing Federal- 
aid highway funds. 
(b) CONTENTS.—The review under subsection (a) 
shall include— 
(1) a review of competitive practices in the bid-
ding process for transportation construction mate-
rials; 
(2) a list of States that currently issue bids 
that include flexibility in the type of construction 
materials used to meet the project specifications;
492 
(3) any information provided by States on con-
siderations that influence the decision to include 
competition by type of material in transportation 
construction projects; 
(4) any data on whether issuing bids that in-
clude flexibility in the type of construction materials 
used to meet the project specifications will affect 
project costs over the lifecycle of an asset; 
(5) any data on the degree to which competition 
leads to greater use of sustainable, innovative, or re-
silient materials; and 
(6) an evaluation of any barriers to more wide-
spread use of competitive bidding processes for 
transportation construction materials. 
(c) REPORT.—Not later than 18 months after the 
date of enactment of this Act, the Secretary shall submit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Environment and Public Works of the Senate, and make 
publicly available, a report on the review initiated by the 
Secretary pursuant to this section. 
SEC. 1617. CONSTRUCTION OF CERTAIN ACCESS AND DE-
VELOPMENT ROADS. 
Section 118(d) of title 23, United States Code, is 
amended by striking ‘‘and the Commonwealth of Puerto
493 
Rico’’ and inserting ‘‘, the Commonwealth of Puerto Rico, 
and any other territory of the United States’’. 
SEC. 1618. NATIONWIDE ROAD SAFETY ASSESSMENT. 
(a) IN GENERAL.—The Secretary of Transportation 
shall, every 2 years, conduct nationwide, on-the-ground 
road safety assessments focused on pedestrian and bicycle 
safety in each State. 
(b) REQUIREMENTS.—The assessments required 
under subsection (a) shall be conducted— 
(1) by Department of Transportation field of-
fices from the Federal Highway Administration, the 
National Highway Transportation Safety Adminis-
tration, the Federal Transit Administration, and the 
Federal Motor Carrier Safety Administration; and 
(2) in consultation with— 
(A) State and local agencies with jurisdic-
tion over pedestrian and bicycle safety; 
(B) pedestrian safety and bicycle safety 
advocacy organizations; and 
(C) other relevant pedestrian and bicycle 
safety stakeholders. 
(c) PURPOSES.—The purpose of the assessments 
under this section is to—
495 
(f) NATIONAL PEDESTRIAN AND BICYCLE SAFETY 
DATABASE.—The Secretary, in order to enhance pedes-
trian and bicycle safety and improve information sharing 
on pedestrian and bicycle safety challenges between the 
Federal Government and State and local governments, 
shall maintain a national pedestrian and bicycle safety 
database that includes— 
(1) a list of high-risk intersections, roads, and 
highways with a documented history of pedestrian or 
bicycle accidents or fatalities and details regarding 
those incidents; and 
(2) information on corrective measures that 
have been implemented at the State, local, or Fed-
eral level to enhance pedestrian and bicyclist safety 
at those high risk areas, including details on the na-
ture and date of corrective action. 
(g) STATE DEFINED.—In this section, the term 
‘‘State’’ means each of the States, the District of Colum-
bia, and Puerto Rico. 
SEC. 1619. WILDLIFE CROSSINGS. 
(a) IN GENERAL.— 
(1) OBLIGATION REQUIREMENT.—For each of 
fiscal years 2022 through 2025, of the amounts ap-
portioned to a State under paragraph (1) of section 
104(b) of title 23, United States Code, each State
496 
shall obligate amounts distributed to such State 
under subsection (b) for projects and strategies that 
reduce vehicle-caused wildlife mortality related to, or 
to restore and maintain connectivity among terres-
trial or aquatic habitats affected by, a transpor-
tation facility otherwise eligible for assistance under 
section 119 of title 23, United States Code. 
(2) TOTAL AMOUNT.—The total amount to be 
obligated by all States under paragraph (1) shall 
equal $75,000,000 for each of fiscal years 2022 
through 2025. 
(b) DISTRIBUTION.—Each State’s share of the 
amount described under subsection (a)(2) shall be deter-
mined by multiplying the amount described under such 
subsection by the ratio that— 
(1) the amount apportioned in the previous fis-
cal year to the State under section 104 of title 23, 
United States Code; bears to 
(2) the total amount of funds apportioned to all 
States in the previous fiscal year. 
(c) STATE FLEXIBILITY.— 
(1) IN GENERAL.—A State may opt out of the 
obligation requirement described under this section 
if the Governor of the State notifies the Secretary 
that the State has inadequate needs to justify the
497 
expenditure not later than 30 days prior to appor-
tionments being made for any fiscal year. 
(2) USE OF FUNDS.—A State that exercises the 
authority under paragraph (1) may use the funds 
described under this section for any purpose de-
scribed under section 119 of title 23, United States 
Code. 
SEC. 1620. CLIMATE RESILIENT TRANSPORTATION INFRA-
STRUCTURE STUDY. 
(a) CLIMATE RESILIENT TRANSPORTATION INFRA-
STRUCTURE STUDY.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall enter into an agreement with the Transpor-
tation Research Board of the National Academies to con-
duct a study of the actions needed to ensure that Federal 
agencies are taking into account current and future cli-
mate conditions in planning, designing, building, oper-
ating, maintaining, investing in, and upgrading any feder-
ally funded transportation infrastructure investments. 
(b) METHODOLOGIES.—In conducting the study, the 
Transportation Research Board shall build on the meth-
odologies examined and recommended in— 
(1) the 2018 report issued the American Soci-
ety of Civil Engineers, titled ‘‘Climate-Resilient In-
498 
frastructure: Adaptive Design and Risk Manage-
ment’’; and 
(2) the report issued by the California Climate- 
Safe Infrastructure Working Group, titled ‘‘Paying 
it Forward: The Path Toward Climate-Safe Infra-
structure in California’’. 
(c) CONTENTS OF STUDY.—The study shall include 
specific recommendations regarding the following: 
(1) Integrating scientific knowledge of projected 
climate change impacts, and other relevant data and 
information, into Federal infrastructure planning, 
design, engineering, construction, operation and 
maintenance. 
(2) Addressing critical information gaps and 
challenges. 
(3) Financing options to help fund climate-resil-
ient infrastructure. 
(4) A platform or process to facilitate commu-
nication between climate scientists and other experts 
with infrastructure planners, engineers and other 
relevant experts. 
(5) A stakeholder process to engage with rep-
resentatives of State, local, tribal and community 
groups.
499 
(6) A platform for tracking Federal funding of 
climate-resilient infrastructure. 
(7) Labor and workforce needs to implement 
climate-resilient 
transportation 
infrastructure 
projects including new and emerging skills, training 
programs, competencies and recognized postsec-
ondary credentials that may be required to ade-
quately equip the workforce. 
(8) Outlining how Federal infrastructure plan-
ning, design, engineering, construction, operation, 
and maintenance impact the environment and public 
health of disproportionately exposed communities. 
For purposes of this paragraph, the term ‘‘dis-
proportionately exposed communities’’ means a com-
munity in which climate change, pollution, or envi-
ronmental destruction have exacerbated systemic ra-
cial, regional, social, environmental, and economic 
injustices by disproportionately affecting indigenous 
peoples, communities of color, migrant communities, 
deindustrialized communities, depopulated rural 
communities, the poor, low-income workers, women, 
the elderly, people experiencing homelessness, people 
with disabilities, people who are incarcerated, or 
youth.
500 
(d) CONSIDERATIONS.—In carrying out the study, 
the Transportation Research Board shall determine the 
need for information related to climate resilient transpor-
tation infrastructure by considering— 
(1) the current informational and institutional 
barriers to integrating projected infrastructure risks 
posed by climate change into federal infrastructure 
planning, design, engineering, construction, oper-
ation and maintenance; 
(2) the critical information needed by engineers, 
planners and those charged with infrastructure up-
grades and maintenance to better incorporate cli-
mate change risks and impacts over the lifetime of 
projects; 
(3) how to select an appropriate, adaptive engi-
neering design for a range of future climate sce-
narios as related to infrastructure planning and in-
vestment; 
(4) how to incentivize and incorporate systems 
thinking into engineering design to maximize the 
benefits of multiple natural functions and emissions 
reduction, as well as regional planning; 
(5) how to take account of the risks of cas-
cading infrastructure failures and develop more ho-
501 
listic approaches to evaluating and mitigating cli-
mate risks; 
(6) how to ensure that investments in infra-
structure resilience benefit all communities, includ-
ing communities of color, low-income communities 
and tribal communities that face a disproportionate 
risk from climate change and in many cases have ex-
perienced long-standing unmet needs and under-
investment in critical infrastructure; 
(7) how to incorporate capital assessment and 
planning training and techniques, including a range 
of financing options to help local and State govern-
ments plan for and provide matching funds; 
(8) how federal agencies can track and monitor 
federally funded resilient infrastructure in a coordi-
nated fashion to help build the understanding of the 
cost-benefit of resilient infrastructure and to build 
the capacity for implementing resilient infrastruc-
ture; and 
(9) the occupations, skillsets, training pro-
grams, competencies and recognized postsecondary 
credentials that will be needed to implement such 
climate-resilient 
transportation 
infrastructure 
projects, and how to ensure that any new jobs cre-
ated by such projects ensure that priority hiring con-
502 
siderations are given to individuals facing barriers to 
employment, communities of color, low-income com-
munities and tribal communities that face a dis-
proportionate risk from climate change and have 
been excluded from job opportunities. 
(e) CONSULTATION.—In carrying out the study, the 
Transportation Research Board— 
(1) shall convene and consult with a panel of 
national experts, including operators and users of 
Federal transportation infrastructure and private 
sector stakeholders; and 
(2) is encouraged to consult with— 
(A) representatives from the thirteen fed-
eral agencies that comprise the United States 
Global Change Research Program; 
(B) representatives from the Department 
of the Treasury; 
(C) professional engineers with relevant ex-
pertise in infrastructure design; 
(D) scientists from the National Academies 
with relevant expertise; 
(E) scientists, social scientists and experts 
from academic and research institutions who 
have expertise in climate change projections and
503 
impacts; engineering; architecture; or other rel-
evant areas of expertise; 
(F) licensed architects with relevant expe-
rience in infrastructure design; 
(G) certified planners; 
(H) representatives of State, local and 
Tribal governments; 
(I) representatives of environmental justice 
groups; and 
(J) representatives of labor unions that 
represent key trades and industries involved in 
infrastructure projects. 
(f) REPORT.—Not later than 3 years after the date 
of enactment of this Act, the Transportation Research 
Board shall submit to the Secretary, the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives, and the Committee on Environment and 
Public Works of the Senate a report on the results of the 
study conducted under this section. 
SEC. 1621. ELIMINATION OF DUPLICATION OF ENVIRON-
MENTAL REVIEWS AND APPROVALS. 
The Secretary of Transportation shall issue a final 
rule implementing the program under section 330 of title 
23, United States Code.
504 
SEC. 1622. AMBER ALERTS ALONG MAJOR TRANSPOR-
TATION ROUTES. 
(a) IN GENERAL.—Section 303 of the PROTECT 
Act (34 U.S.C. 20503) is amended— 
(1) in the section heading, by inserting ‘‘AND 
MAJOR
TRANSPORTATION
ROUTES’’ 
after 
‘‘ALONG HIGHWAYS’’; 
(2) in subsection (a)— 
(A) by inserting ‘‘(referred to in this sec-
tion as the ‘Secretary’)’’ after ‘‘Secretary of 
Transportation’’; and 
(B) by inserting ‘‘and at airports, mari-
time ports, border crossing areas and check-
points, and ports of exit from the United 
States’’ after ‘‘along highways’’; 
(3) in subsection (b)— 
(A) in paragraph (1)— 
(i) by striking ‘‘other motorist infor-
mation systems to notify motorists’’ and 
inserting ‘‘other information systems to no-
tify motorists, aircraft passengers, ship 
passengers, and travelers’’; and 
(ii) by inserting ‘‘, aircraft passengers, 
ship passengers, and travelers’’ after ‘‘nec-
essary to notify motorists’’; and 
(B) in paragraph (2)—
505 
(i) in subparagraph (A), by striking 
‘‘other motorist information systems to no-
tify motorists’’ and inserting ‘‘other infor-
mation systems to notify motorists, air-
craft passengers, ship passengers, and 
travelers’’; 
(ii) in subparagraph (D), by inserting 
‘‘, aircraft passengers, ship passengers, 
and travelers’’ after ‘‘support the notifica-
tion of motorists’’; 
(iii) in subparagraph (E), by inserting 
‘‘, aircraft passengers, ship passengers, 
and travelers’’ after ‘‘motorists’’, each 
place it appears; 
(iv) in subparagraph (F), by inserting 
‘‘, aircraft passengers, ship passengers, 
and travelers’’ after ‘‘motorists’’; and 
(v) in subparagraph (G), by inserting 
‘‘, aircraft passengers, ship passengers, 
and travelers’’ after ‘‘motorists’’; 
(4) in subsection (c), by striking ‘‘other motor-
ist information systems to notify motorists’’, each 
place it appears, and inserting ‘‘other information 
systems to notify motorists, aircraft passengers, ship 
passengers, and travelers’’;
506 
(5) by amending subsection (d) to read as fol-
lows: 
‘‘(d) FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Federal share of the cost of any ac-
tivities funded by a grant under this section may not 
exceed 80 percent. 
‘‘(2) WAIVER.—If the Secretary determines 
that American Samoa, Guam, the Northern Mariana 
Islands, Puerto Rico, or the Virgin Islands of the 
United States is unable to comply with the require-
ment under paragraph (1), the Secretary shall waive 
such requirement.’’; 
(6) in subsection (g)— 
(A) by striking ‘‘In this section’’ and in-
serting ‘‘In this subtitle’’; and 
(B) by striking ‘‘or Puerto Rico’’ and in-
serting ‘‘American Samoa, Guam, Puerto Rico, 
the Northern Mariana Islands, the Virgin Is-
lands of the United States, and any other terri-
tory of the United States’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of contents in section 1(b) of the PROTECT 
Act (Public Law 108–21) is amended by striking the item 
relating to section 303 and inserting the following:
507 
‘‘Sec. 303. Grant program for notification and communications systems along 
highways and major transportation routes for recovery of ab-
ducted children.’’. 
SEC. 1623. NATURAL GAS, ELECTRIC BATTERY, AND ZERO 
EMISSION VEHICLES. 
Subsection (s) of section 127 of title 23, United 
States Code is amended to read as follows: 
‘‘(s) NATURAL GAS, ELECTRIC BATTERY, AND ZERO 
EMISSION VEHICLES.—A vehicle, if operated by an engine 
fueled primarily by natural gas, powered primarily by 
means of electric battery power, or fueled primarily by 
means of other zero emission fuel technologies, may exceed 
the weight limit on the power unit by up to 2,000 pounds 
(up to a maximum gross vehicle weight of 82,000 pounds) 
under this section.’’. 
SEC. 1624. GUIDANCE ON EVACUATION ROUTES. 
(a) IN GENERAL.— 
(1) GUIDANCE.—The Administrator of the Fed-
eral Highway Administration, in coordination with 
the Administrator of the Federal Emergency Man-
agement Agency, and consistent with guidance 
issued by the Federal Emergency Management 
Agency pursuant to section 1209 of the Disaster Re-
covery Reform Act of 2018 (Public Law 115–254), 
shall revise existing guidance or issue new guidance 
as appropriate for State, local, and Indian Tribal
508 
governments regarding the design, construction, 
maintenance, and repair of evacuation routes. 
(2) CONSIDERATIONS.—In revising or issuing 
guidance under subsection (a)(1), the Administrator 
of the Federal Highway Administration shall con-
sider— 
(A) methods that assist evacuation routes 
to— 
(i) withstand likely risks to viability, 
including flammability and hydrostatic 
forces; 
(ii) improve durability, strength (in-
cluding the ability to withstand tensile 
stresses and compressive stresses), and 
sustainability; and 
(iii) provide for long-term cost sav-
ings; 
(B) the ability of evacuation routes to ef-
fectively manage contraflow operations; 
(C) for evacuation routes on public lands, 
the viewpoints of the applicable Federal land 
management agency regarding emergency oper-
ations, sustainability, and resource protection; 
and
509 
(D) such other items the Administrator of 
the Federal Highway Administration considers 
appropriate. 
(3) REPORT.—In the case in which the Admin-
istrator of the Federal Highway Administration, in 
consultation with the Administrator of the Federal 
Emergency Management Agency, concludes existing 
guidance addresses the considerations in paragraph 
(2), The Administrator of the Federal Highway Ad-
ministration shall submit to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment 
and Public Works of the Senate a detailed report de-
scribing how existing guidance addresses such con-
siderations. 
(b) STUDY.—The Administrator of the Federal High-
way Administration, in coordination with the Adminis-
trator of the Federal Emergency Management Agency and 
State, local, territorial, and Indian Tribal governments, 
shall— 
(1) conduct a study of the adequacy of available 
evacuation routes to accommodate the flow of evac-
uees; and
510 
(2) submit recommendations to Congress on 
how to help with anticipated evacuation route flow, 
based on the study conducted under paragraph (1). 
SEC. 1625. HIGH PRIORITY CORRIDORS ON NATIONAL 
HIGHWAY SYSTEM. 
Section 1105(c) of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 is amended by adding at 
the end the following: 
‘‘(92) The Louisiana Capital Region High Pri-
ority Corridor, which shall generally follow— 
‘‘(A) Interstate 10, between its intersec-
tions with Interstate 12 and Louisiana High-
way 415; 
‘‘(B) Louisiana Highway 415, between its 
intersections with Interstate 10 and United 
States route 190; 
‘‘(C) United States route 190, between its 
intersections with Louisiana Highway 415 and 
intersection with Interstate 110; 
‘‘(D) Interstate 110, between its intersec-
tions with United States route 190 and Inter-
state 10; 
‘‘(E) Louisiana Highway 30, near St. Ga-
briel, LA and its intersections with Interstate 
10;
511 
‘‘(F) Louisiana Highway 1, near White 
Castle, LA and its intersection with Interstate 
10; and 
‘‘(G) A bridge connecting Louisiana High-
way 1 with Louisiana Highway 30, south of the 
Interstate described in subparagraph (A).’’. 
SEC. 1626. GUIDANCE ON INUNDATED AND SUBMERGED 
ROADS. 
Upon issuance of guidance issued pursuant to section 
1228 of the Disaster Recovery Reform Act of 2018 (Public 
Law 115–254), the Administrator of the Federal Highway 
Administration, in consultation with the Administrator of 
the Federal Emergency Management Agency, shall review 
such guidance and issue guidance regarding repair, res-
toration, and replacement of inundated and submerged 
roads damaged or destroyed by a major disaster declared 
pursuant to the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.) with 
respect to roads eligible for assistance under Federal 
Highway Administration programs. 
SEC. 1627. USE OF REVENUES. 
(a) WRITTEN ASSURANCES ON USE OF REVENUE.— 
Section 47107(b) of title 49, United States Code, is 
amended—
512 
(1) in each of paragraphs (1) and (2) by strik-
ing ‘‘local taxes’’ and inserting ‘‘local excise taxes’’; 
(2) in paragraph (3) by striking ‘‘State tax’’ 
and inserting ‘‘State excise tax’’; and 
(3) by adding at the end the following: 
‘‘(4) This subsection does not apply to State or local 
general sales taxes nor to State or local generally applica-
ble sales taxes.’’. 
(b) RESTRICTION ON USE OF REVENUES.—Section 
47133 of title 49, United States Code, is amended— 
(1) in subsection (a) in the matter preceding 
paragraph (1) by striking ‘‘Local taxes’’ and insert-
ing ‘‘Local excise taxes’’; 
(2) in subsection (b)(1) by striking ‘‘local 
taxes’’ and inserting ‘‘local excise taxes’’; 
(3) in subsection (c) by striking ‘‘State tax’’ 
and inserting ‘‘State excise tax’’; and 
(4) by adding at the end the following: 
‘‘(d) LIMITATION
ON APPLICABILITY.—This sub-
section does not apply to— 
‘‘(1) State or local general sales taxes; or 
‘‘(2) State or local generally applicable sales 
taxes.’’.
513 
SEC. 1628. DRY BULK WEIGHT TOLERANCE. 
Section 127 of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(v) DRY BULK WEIGHT TOLERANCE.— 
‘‘(1) DEFINITION
OF
DRY
BULK
GOODS.—In 
this subsection, the term ‘dry bulk goods’ means any 
homogeneous unmarked nonliquid cargo being trans-
ported in a trailer specifically designed for that pur-
pose. 
‘‘(2) WEIGHT
TOLERANCE.—Notwithstanding 
any other provision of this section, except for the 
maximum gross vehicle weight limitation, a commer-
cial motor vehicle transporting dry bulk goods may 
not exceed 110 percent of the maximum weight on 
any axle or axle group described in subsection (a), 
including any enforcement tolerance.’’. 
SEC. 1629. HIGHWAY USE TAX EVASION PROJECTS. 
Section 143(b)(2)(A) of title 23, United States Code, 
is amended by striking ‘‘2016 through 2020’’ and insert-
ing ‘‘2022 through 2025’’. 
SEC. 1630. THE UNITED STATES OPPOSES CHILD LABOR. 
It is the policy of the United States that funds au-
thorized or made available by this Act, or the amendments 
made by this Act, should not be used to purchase products 
produced whole or in part through the use of child labor, 
as such term is defined in Article 3 of the International
514 
Labor Organization Convention concerning the prohibition 
and immediate action for the elimination of the worst 
forms of child labor (December 2, 2000), or in violation 
of human rights. 
SEC. 1631. REPORT ON COVID-RELATED FUNDING FOR 
AVIATION SECTOR. 
Not later than 45 days after the date of enactment 
of this Act, the Secretary of Transportation shall direct 
the Administrator of the Federal Aviation Administration 
to issue a report within 60 days to the House and Senate 
Committees of jurisdiction on specific sectors of the air-
port system of infrastructure that have yet to receive any 
COVID-related 
funding, 
and 
provide 
a 
plan 
for 
prioritizing these unfunded areas for the next round of 
funding. 
SEC. 1632. CLIMATE RESILIENCY REPORT BY GAO. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act and every 5 years thereafter, 
the Comptroller General shall evaluate and issue a report 
to Congress on the economic benefits, including avoided 
impacts on property and life, of the use of model, con-
sensus-based building codes, standards, and provisions 
that support resilience to climate risks and impacts, in-
cluding— 
(1) flooding;
515 
(2) wildfires; 
(3) hurricanes; 
(4) heat waves; 
(5) droughts; 
(6) rises in sea level; and 
(7) extreme weather. 
(b) REPORT ISSUES.—The report required under 
subsection (a) shall include the following: 
(1) Assesses the status of adoption of building 
codes, standards, and provisions within the States, 
territories, and tribes at the State or jurisdictional 
level; including whether the adopted codes meet or 
exceed the most recent published edition of a na-
tional, consensus-based model code. 
(2) Analysis of the extent to which pre-disaster 
mitigation measures provide benefits to the nation 
and individual States, territories and tribes, includ-
ing— 
(A) an economic analysis of the benefits to 
the design and construction of new resilient in-
frastructure; 
(B) losses avoided, including economic 
losses, number of structures (buildings, roads, 
bridges), and injuries and deaths by utilizing
516 
building codes and standards that prioritize re-
siliency; and 
(C) an economic analysis of the benefits to 
using hazard resistant building codes in rebuild-
ing and repairing infrastructure following a dis-
aster. 
(3) An assessment of the building codes and 
standards referenced or otherwise currently incor-
porated into Federal policies and programs, includ-
ing but not limited to grants, incentive programs, 
technical assistance and design and construction cri-
teria, administered by the Federal Emergency Man-
agement Agency (FEMA), and— 
(A) the extent to which such codes and 
standards contribute to increasing climate resil-
iency; 
(B) Recommendations for how FEMA 
could improve their use of codes and standards 
to prepare for climate change and address resil-
iency in housing, public buildings, and infra-
structure such as roads and bridges; and 
(C) how FEMA could increase efforts to 
support the adoption of hazard resistant codes 
by the States, territories, and tribes.
517 
(4) Recommendations for FEMA on how to bet-
ter incorporate climate resiliency into efforts to re-
build after natural disasters. 
SEC. 1633. AVIATION INDUSTRY ASSISTANCE FOR CLEANER 
AND QUIETER SKIES VOUCHER PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish 
and carry out a program, to be known as the ‘‘Aviation 
Industry Assistance for Cleaner and Quieter Skies Vouch-
er Program’’, under which the Secretary shall issue elec-
tronic vouchers to air carriers, subject to the specifications 
set forth in subsection (d), to offset the purchase or cost 
of a lease of eligible new aircraft in exchange for commit-
ments from such air carriers to decommission certain cur-
rently used aircraft and sell such aircraft for recycling of 
parts or disposal. 
(b) APPLICATION.—To be eligible for the program es-
tablished under subsection (a), an air carrier shall submit 
to the Secretary an application at such time, in such man-
ner, and containing such information as the Secretary may 
require, including a description of a currently used aircraft 
of the air carrier. 
(c) PROGRAM REQUIREMENTS.— 
(1) LIST OF ELIGIBLE AIRCRAFT.—In carrying 
out the program established under subsection (a), 
the Secretary, in consultation with the Adminis-
518 
trator, shall prepare, maintain, publicize, and make 
available through a publicly available website, lists 
of— 
(A) applicable currently used aircraft; 
(B) eligible aircraft for purchase or lease; 
and 
(C) registered aircraft recycling firms eligi-
ble to purchase currently used aircraft under 
this section. 
(2) COMMITMENT REQUIREMENT.—In carrying 
out the program established under subsection (a), 
the Secretary shall issue such regulations as are nec-
essary to establish requirements for an air carrier to 
purchase or lease an eligible aircraft described in 
subsection (a), including a timing requirement for 
the purchase of such, and decommissioning and sell-
ing of applicable currently used aircraft of the air 
carrier for recycling of parts or disposal, except as 
provided in subsection (f)(2). 
(d) VALUE OF VOUCHERS.—The Secretary may de-
termine the value of each voucher, not to exceed 
$10,000,000, based on the difference in emissions between 
the currently used aircraft being decommissioned and sold 
and the eligible aircraft being purchased or leased. In de-
termining the value of each voucher, the Secretary shall
519 
also consider if such eligible aircraft also include noise re-
duction, including whether such aircraft meet Stage 5 
standards. In addition, the Secretary shall consider seat 
capacity and typical stage length of both the currently 
used aircraft being decommissioned and sold and the eligi-
ble aircraft being purchased or leased in determining the 
value of the voucher. 
(e) REGULATIONS.—Not later than 180 days after 
the date of enactment of this Act, the Secretary shall issue 
such regulations as are necessary to carry out this section, 
including a requirement that a voucher may be used only 
to pay a new aircraft order, not an order placed (even if 
not not filled) before the date of enactment of this Act. 
(f) REGISTRATION.— 
(1) IN GENERAL.—The Secretary shall register 
aircraft recycling firms eligible to purchase currently 
used aircraft under this section and establish re-
quirements and procedures for the recycling of parts 
or disposal of such aircraft to ensure that such air-
craft are taken out of service and not used to de-
velop other aircraft with higher greenhouse gas 
emissions. 
(2) EXCEPTION.—Notwithstanding paragraph 
(1), in the case of an emergency declared by the Sec-
retary or a national emergency declared by the
520 
President, the Secretary may temporarily waive the 
provisions of such paragraph that prevent the use of 
aircraft taken out of service pursuant to this section 
for the purposes of responding to such emergency or 
national emergency. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to carry out the program established under this 
section $1,000,000,000 and such sums shall remain avail-
able until expended. 
(h) DEFINITIONS.—In this section the following defi-
nitions apply: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) AIR CARRIER.—The term ‘‘air carrier’’ has 
the meaning given such term in section 40102 of 
title 49, United States Code. 
(3) CURRENTLY
USED
AIRCRAFT.—The term 
‘‘currently used aircraft’’ means— 
(A) aircraft in the bottom 25 percent of 
the air carrier’s aircraft fleet in terms of fuel 
efficiency per seat; and 
(B) aircraft that have been in service for 
at least 1,500 hours in the previous calendar 
year.
521 
(4) ELIGIBLE
AIRCRAFT.—The term ‘‘eligible 
aircraft’’ means aircraft that must be new and con-
sidered by the Secretary highly fuel-efficient with 
some consideration given to their noise impact. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
SEC. 1634. AIRBORNE ULTRAFINE PARTICLE STUDY. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Administrator of the 
Federal Aviation Administration, jointly with the Adminis-
trator of the Environmental Protection Agency, shall enter 
into an agreement with an eligible institution of higher 
education to conduct a study examining airborne ultrafine 
particles and their effect on human health. 
(b) SCOPE OF STUDY.—The study conducted under 
subsection (a) shall— 
(1) summarize the relevant literature and stud-
ies done on airborne ultrafine particles worldwide; 
(2) focus on large hub commercial airports in— 
(A) Seattle; 
(B) Boston; 
(C) Chicago; 
(D) New York; 
(E) the Northern California Metroplex; 
(F) Phoenix;
522 
(G) the Southern California Metroplex; 
(H) the District of Columbia; and 
(I) Atlanta; 
(3) examine airborne ultrafine particles and 
their effect on human health, including— 
(A) characteristics of UFPs present in the 
air; 
(B) spatial and temporal distributions of 
UFP concentrations; 
(C) primary sources of UFPs; 
(D) the contribution of aircraft and airport 
operations to the distribution of UFP con-
centrations when compared to other sources; 
(E) potential health effects associated with 
elevated UFP exposures, including outcomes re-
lated to cardiovascular disease, respiratory in-
fection 
and 
disease, 
degradation 
of 
neurocognitive functions, and other health ef-
fects, that have been considered in previous 
studies; and 
(F) potential UFP exposures, especially to 
susceptible and vulnerable groups; 
(4) identify measures, including the use of sus-
tainable aviation fuels, intended to reduce emissions
523 
from aircraft and airport operations and assess po-
tential effects on emissions related to UFPs; and 
(5) identifies information gaps related to under-
standing relationships between UFP exposures and 
health effects, contributions of aviation-related emis-
sions to UFP exposures, and the effectiveness of 
mitigation measures. 
(c) ELIGIBILITY.—An institution of higher education 
is eligible to conduct the study if the institution— 
(1) is located in one of the areas identified in 
subsection (b); 
(2) applies to the Administrator of the Federal 
Aviation Administration in a timely fashion; 
(3) demonstrates to the satisfaction of the Ad-
ministrator that the institution is qualified to con-
duct the study; 
(4) agrees to submit to the Administrator, not 
later than 2 years after entering into an agreement 
under subsection (a), the results of the study, in-
cluding any source materials used; and 
(5) meets such other requirements as the Ad-
ministrator determines necessary. 
(d) COORDINATION.—The Administrator may coordi-
nate with the Administrator of the Environmental Protec-
tion Agency, the Secretary of Health and Human Services,
524 
and any other agency head whom the Administrator deems 
appropriate to provide data and other assistance necessary 
for the study. 
(e) REPORT.—Not later than 180 days after submis-
sion of the results of the study by the institution of higher 
education, the Administrator shall submit to the Com-
mittee on Transportation and Infrastructure and the 
Committee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
study including the results of the study submitted under 
subsection (c)(4) by the institution of higher education. 
(f) DEFINITION.—In this Act, the terms ‘‘ultrafine 
particle’’ and ‘‘UFP’’ mean particles with diameters less 
than or equal to 100 nanometers. 
SEC. 1635. STUDY ON COLONIAS. 
(a) IN GENERAL.—The Secretary of Transportation 
shall carry out a study on the infrastructure state of 
colonias, including surface, transit, water, and broadband 
infrastructure of such colonias. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall submit to 
the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report
525 
describing the results of the study under subsection (a), 
including any recommendations for congressional action 
on colonias. 
(c) COLONIAS DEFINED.—In this section, the term 
‘‘colonias’’ has the meaning given the term in section 
509(f)(8) of the Housing Act of 1949 (42 U.S.C. 
1479(f)(8)). 
SEC. 1636. GAO STUDY ON CAPITAL NEEDS OF PUBLIC FER-
RIES. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a study on the capital invest-
ment needs of United States public ferries and how Fed-
eral funding programs are meeting such needs. 
(b) CONSIDERATIONS.—In carrying out the study 
under subsection (a), the Comptroller General shall exam-
ine the feasibility of including United States public ferries 
in the conditions and performance report of the Depart-
ment of Transportation. 
(c) REPORT TO CONGRESS.—Not later than 1 year 
after the date of enactment of this Act, the Comptroller 
General shall submit to Congress a report describing the 
results of the study described in subsection (a), including 
any recommendations for how to include ferries in the con-
ditions and performance report of the Department of 
Transportation.
526 
SEC. 1637. USE OF MODELING AND SIMULATION TECH-
NOLOGY. 
It is the sense of Congress that the Department 
should utilize, to the fullest and most economically feasible 
extent practicable, modeling and simulation technology to 
analyze highway and public transportation projects au-
thorized by this Act to ensure that these projects— 
(1) will increase transportation capacity and 
safety, alleviate congestion, and reduce travel time 
and environmental impacts; and 
(2) are as cost effective as practicable. 
SEC. 1638. GAO STUDY ON PER-MILE USER FEE EQUITY. 
(a) ESTABLISHMENT.—Not later than 2 years after 
the date of enactment of this Act, the Comptroller General 
of the United States shall carry out a study on the impact 
of equity issues associated with per-mile user fee funding 
systems on the surface transportation system. 
(b) CONTENTS.—The study under subsection (a) 
shall include the following with respect to per-mile user 
fee systems: 
(1) The financial, social, and other impacts of 
per-mile user fee systems on individuals, including 
both men and women drivers, low-income individ-
uals, and individuals of different races.
527 
(2) The impact that access to alternative modes 
of transportation, including public transportation, 
has in carrying out per-mile user fee systems. 
(3) The ability to access jobs and services, 
which may include healthcare facilities, child care, 
education and workforce training, food sources, 
banking and other financial institutions, and other 
retail shopping establishments. 
(4) Equity issues for low-income individuals in 
urban and rural areas. 
(5) Any differing impacts on passenger vehicles 
and commercial vehicles. 
(c) INCLUSIONS.—In carrying out the study under 
subsection (a), the Comptroller General shall include an 
analysis of the following programs: 
(1) The State surface transportation system 
funding pilot program under section 6020 of the 
FAST Act; and 
(2) The national surface transportation system 
funding pilot under section 5402 of this Act. 
(d) REPORT.—Not later than 2 years after the date 
of the enactment after this Act, the Comptroller General 
shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate,
528 
and make publicly available, a report containing the re-
sults of the study under subsection (a), including rec-
ommendations for how to equitably implement per-mile 
user fee systems. 
(e) DEFINITIONS.— 
(1) PER-MILE USER FEE.—The term ‘‘per-mile 
user fee’’ means a revenue mechanism that— 
(A) is applied to road users operating 
motor vehicles on the surface transportation 
system; and 
(B) is based on the number of vehicle miles 
traveled by an individual road user. 
(2) COMMERCIAL VEHICLE.—The term ‘‘com-
mercial vehicle’’ has the meaning given the term 
commercial motor vehicle in section 31101 of title 
49, United States Code. 
SEC. 1639. GAO REVIEW OF EQUITY CONSIDERATIONS AT 
STATE DOTS. 
(a) REVIEW REQUIRED.—Not later than 1 year after 
the date of enactment of this Act, the Comptroller General 
shall undertake a review of the extent to which State de-
partments of transportation have in place best practices, 
standards, and protocols designed to ensure equity consid-
erations in transportation planning, project selection, and 
project delivery, including considerations of the diverse
529 
transportation needs of low-income populations, minority 
populations, women, and other diverse populations. 
(b) EVALUATION.—After the completion of the review 
under subsection (a), the Comptroller General shall issue 
and make available on a publicly accessible Website a re-
port detailing— 
(1) findings based on the review in subsection 
(a); 
(2) a comprehensive set of recommendations for 
State departments of transportation to improve eq-
uity considerations, which may include model legisla-
tion, best practices, or guidance; and 
(3) any recommendations to Congress for addi-
tional statutory authority needed to support State 
department of transportation efforts to incorporate 
equity considerations into transportation planning, 
project selection, and project delivery. 
(c) REPORT.—After completing the review and eval-
uation required under subsections (a) and (b), and not 
later than 2 years after the date of enactment of this Act, 
the Comptroller General shall make available on a publicly 
accessible Website, a report that includes— 
(1) findings based on the review conducted 
under subsection (a);
530 
(2) the outcome of the evaluation conducted 
under subsection (b); 
(3) a comprehensive set of recommendations to 
improve equity considerations in the public transpor-
tation industry, including recommendations for stat-
utory changes if applicable; and 
(4) the actions that the Secretary of Transpor-
tation could take to effectively address the rec-
ommendations provided under paragraph (3). 
SEC. 1640. STUDY ON EFFECTIVENESS OF SUICIDE PREVEN-
TION NETS AND BARRIERS FOR STRUCTURES 
OTHER THAN BRIDGES. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study to identify— 
(1) the types of structures, other than bridges, 
that attract a high number of individuals attempting 
suicide-by-jumping; 
(2) the characteristics that distinguish struc-
tures identified under paragraph (1) from similar 
structures that do not attract a high number of indi-
viduals attempting suicide-by-jumping; 
(3) the types of nets or barriers that are effec-
tive at reducing suicide-by-jumping with respect to 
the structures identified under paragraph (1);
531 
(4) methods of reducing suicide-by-jumping 
with respect to the structures identified under para-
graph (1) other than nets and barriers; 
(5) quantitative measures of the effectiveness of 
the nets and barriers identified under paragraph (3); 
(6) quantitative measures of the effectiveness of 
the additional methods identified under paragraph 
(4); 
(7) the entities that typically install the nets 
and barriers identified under paragraph (3); and 
(8) the costs of the nets and barriers identified 
under paragraph (3). 
(b) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Comptroller General shall 
submit to the Committee on Transportation and Infra-
structure and the Committee on Energy and Commerce 
of the House of Representatives and the Committee on 
Health, Education, Labor, and Pensions and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report on the results of the study conducted 
under subsection (a). 
SEC. 1641. COMPTROLLER GENERAL STUDY ON NATIONAL 
DUI REPORTING. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a study on the reporting of
532 
alcohol-impaired driving arrest and citation results into 
Federal databases to facilitate the widespread identifica-
tion of repeat impaired driving offenders. 
(b) INCLUSIONS.—The study conducted under sub-
section (a) shall include a detailed assessment of— 
(1) the extent to which State and local criminal 
justice agencies are reporting alcohol-impaired driv-
ing arrest and citation results into Federal data-
bases; 
(2) barriers on the Federal, State, and local lev-
els to the reporting of alcohol-impaired driving ar-
rest and citation results into Federal databases, as 
well as barriers to the use of those systems by crimi-
nal justice agencies; 
(3) Federal, State, and local resources available 
to improve the reporting of alcohol-impaired driving 
arrest and citation results into Federal databases; 
(4) recommendations for policies and programs 
to be carried out by the National Highway Traffic 
Safety Administration; and 
(5) recommendations for programs and grant 
funding to be authorized by Congress. 
(c) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General of the 
United States shall submit to the appropriate committees
533 
of Congress a report on the results of the study conducted 
under subsection (a). 
SEC. 1642. FUTURE INTERSTATE DESIGNATION AND OPER-
ATION. 
Section 1105(e)(5)(A) of the Intermodal Surface 
Transportation Efficiency Act of 1991 is amended by in-
serting ‘‘subclauses (I) through (IX) of subsection 
(c)(38)(A)(i), subsection (c)(38)(A)(iv),’’ after ‘‘subsection 
(c)(37),’’. 
TITLE II—PUBLIC 
TRANSPORTATION 
Subtitle A—Federal Transit 
Administration 
SEC. 2101. AUTHORIZATIONS. 
(a) IN GENERAL.—Section 5338 of title 49, United 
States Code, is amended to read as follows: 
‘‘§ 5338. Authorizations 
‘‘(a) GRANTS.— 
‘‘(1) IN
GENERAL.—There shall be available 
from the Mass Transit Account of the Highway 
Trust Fund to carry out sections 5305, 5307, 5308, 
5310, 5311, 5312, 5314, 5318, 5320, 5328, 5335, 
5337, 5339, and 5340— 
‘‘(A) $16,185,800,000 for fiscal year 2022; 
‘‘(B) $16,437,600,000 for fiscal year 2023;
535 
$448,679,469 
for 
fiscal 
year 
2024, 
and 
$455,723,737 for fiscal year 2025 shall be 
available to carry out section 5310, of which 
not less than— 
‘‘(i) $5,075,500 for fiscal year 2022, 
$5,154,678 
for 
fiscal 
year 
2023, 
$5,237,153 for fiscal year 2024, and 
$5,319,376 for fiscal year 2025 shall be 
available to carry out section 5310(j); and 
‘‘(ii) $20,302,000 for fiscal year 2022, 
$20,618,711 
for 
fiscal 
year 
2023, 
$20,948,611 for fiscal year 2024, and 
$21,277,504 for fiscal year 2025 shall be 
available to carry out section 5310(k); 
‘‘(E) $1,025,199,724 for fiscal year 2022, 
$1,041,192,839 
for 
fiscal 
year 
2023, 
$1,057,851,925 for fiscal year 2024, and 
$1,074,460,200 for fiscal year 2025 shall be 
available to carry out section 5311, of which 
not less than— 
‘‘(i) $55,679,500 for fiscal year 2022, 
$56,392,100 
for 
fiscal 
year 
2023, 
$57,134,374 for fiscal year 2024, and 
$57,874,383 for fiscal year 2025 shall be
536 
available to carry out section 5311(c)(1); 
and 
‘‘(ii) $50,755,000 for fiscal year 2022, 
$51,546,778 
for 
fiscal 
year 
2023, 
$52,371,526 for fiscal year 2024, and 
$53,193,759 for fiscal year 2025 shall be 
available to carry out section 5311(c)(2); 
‘‘(F) $33,498,300 for fiscal year 2022, 
$34,020,873 for fiscal year 2023, $34,565,207 
for fiscal year 2024, and $35,107,881 for fiscal 
year 2025 shall be available to carry out section 
5312, of which not less than— 
‘‘(i) $5,075,500 for fiscal year 2022, 
$5,154,678 
for 
fiscal 
year 
2023, 
$5,237,153 for fiscal year 2024, and 
$5,319,376 for fiscal year 2025 shall be 
available to carry out each of sections 
5312(d)(3), 5312(d)(4) and 5312(j); 
‘‘(ii) $3,045,300 for fiscal year 2022, 
$3,092,807 
for 
fiscal 
year 
2023, 
$3,142,292 for fiscal year 2024, and 
$3,191,626 for fiscal year 2025 shall be 
available to carry out section 5312(h); and 
‘‘(iii) $10,151,000 for fiscal year 
2022, $10,309,356 for fiscal year 2023,
537 
$10,474,305 for fiscal year 2024, and 
$10,638,752 for fiscal year 2025 shall be 
available to carry out section 5312(i); 
‘‘(G) $23,347,300 for fiscal year 2022, 
$23,711,518 for fiscal year 2023, $24,090,902 
for fiscal year 2024, and $24,469,129 for fiscal 
year 2025 shall be available to carry out section 
5314, of which not less than— 
‘‘(i) $4,060,400 for fiscal year 2022, 
$4,123,742 
for 
fiscal 
year 
2023, 
$4,189,722 for fiscal year 2024, and 
$4,255,501 for fiscal year 2025 shall be 
available to carry out section of 5314(a); 
‘‘(ii) $5,075,500 for fiscal year 2022, 
$5,154,678 
for 
fiscal 
year 
2023, 
$5,237,153 for fiscal year 2024, and 
$5,319,376 for fiscal year 2025 shall be 
available to carry out section 5314(c); and 
‘‘(iii) $12,181,200 for fiscal year 
2022, $12,371,227 for fiscal year 2023, 
$12,569,166 for fiscal year 2024, and 
$12,766,502 for fiscal year 2025 shall be 
available to carry out section 5314(b)(2); 
‘‘(H) $5,075,500 for fiscal year 2022, 
$5,154,678 for fiscal year 2023, $5,237,153 for
538 
fiscal year 2024, and $5,319,376 for fiscal year 
2025 shall be available to carry out section 
5318; 
‘‘(I) $30,453,000 for fiscal year 2022, 
$30,928,067 for fiscal year 2023, $31,422,916 
for fiscal year 2024, and $31,916,256 for fiscal 
year 2025 shall be available to carry out section 
5328, of which not less than— 
‘‘(i) $25,377,500 for fiscal year 2022, 
$25,773,389 
for 
fiscal 
year 
2023, 
$26,185,763 for fiscal year 2024, and 
$26,596,880 for fiscal year 2025 shall be 
available to carry out section of 5328(b); 
and 
‘‘(ii) $2,537,750 for fiscal year 2022, 
$2,577,339 
for 
fiscal 
year 
2023, 
$2,618,576 for fiscal year 2024, and 
$2,659,688 for fiscal year 2025 shall be 
available to carry out section 5328(c); 
‘‘(J) $4,060,400 for fiscal year 2022, 
$4,123,742 for fiscal year 2023, $4,189,722 for 
fiscal year 2024, and $4,255,501 for fiscal year 
2025 shall be available to carry out section 
5335;
539 
‘‘(K) $4,192,573,361 for fiscal year 2022, 
$4,266,448,314 
for 
fiscal 
year 
2023, 
$4,344,093,870 for fiscal year 2024, and 
$4,422,314,724 for fiscal year 2025 shall be 
available to carry out section 5337; 
‘‘(L) to carry out the bus formula program 
under section 5339(a)— 
‘‘(i) $1,240,328,213 for fiscal year 
2022, $1,259,667,334 for fiscal year 2023, 
$1,279,832,171 for fiscal year 2024, and 
$1,299,925,536 for fiscal year 2025; ex-
cept that 
‘‘(ii) 15 percent of the amounts under 
clause (i) shall be available to carry out 
5339(d); 
‘‘(M) $437,080,000 for fiscal year 2022, 
$424,748,448 
for 
fiscal 
year 
2023, 
$387,944,423 
for 
fiscal 
year 
2024, 
and 
$351,100,151 for fiscal year 2025 shall be 
available to carry out section 5339(b); 
‘‘(N) $375,000,000 for fiscal year 2022, 
$400,000,000 
for 
fiscal 
year 
2023, 
$450,000,000 
for 
fiscal 
year 
2024, 
and 
$500,000,000 for fiscal year 2025 shall be 
available to carry out section 5339(c); and
540 
‘‘(O) $587,133,905 for each of fiscal years 
2022 through 2025 shall be available to carry 
out section 5340 to provide financial assistance 
for urbanized areas under section 5307 and 
rural areas under section 5311, of which— 
‘‘(i) $309,688,908 for each of fiscal 
years 2022 through 2025 shall be for 
growing States under section 5340(c); and 
‘‘(ii) $277,444,997 for each of fiscal 
years 2022 through 2025 shall be for high 
density States under section 5340(d). 
‘‘(b) CAPITAL INVESTMENT GRANTS.—There are au-
thorized to be appropriated to carry out section 5309 
$3,500,000,000 for fiscal year 2022, $4,250,000,000 for 
fiscal year 2023, $5,000,000,000 for fiscal year 2024, and 
5,500,000,000 for fiscal year 2025. 
‘‘(c) ADMINISTRATION.— 
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated 
to 
carry 
out 
section 
5334, 
$142,060,785 for fiscal year 2022, $144,191,696 for 
fiscal year 2023, $146,412,248 for fiscal year 2024, 
and 148,652,356 for fiscal year 2025. 
‘‘(2) SECTION 5329.—Of the amounts author-
ized to be appropriated under paragraph (1), not 
less than $6,000,000 for each of fiscal years 2022
541 
through 2025 shall be available to carry out section 
5329. 
‘‘(3) SECTION
5326.—Of the amounts made 
available under paragraph (2), not less than 
$2,500,000 for each of fiscal years 2022 through 
2025 shall be available to carry out section 5326. 
‘‘(d) OVERSIGHT.— 
‘‘(1) IN
GENERAL.—Of the amounts made 
available to carry out this chapter for a fiscal year, 
the Secretary may use not more than the following 
amounts for the activities described in paragraph 
(2): 
‘‘(A) 0.5 percent of amounts made avail-
able to carry out section 5305. 
‘‘(B) 0.75 percent of amounts made avail-
able to carry out section 5307. 
‘‘(C) 1 percent of amounts made available 
to carry out section 5309. 
‘‘(D) 1 percent of amounts made available 
to carry out section 601 of the Passenger Rail 
Investment and Improvement Act of 2008 
(Public Law 110–432; 126 Stat. 4968). 
‘‘(E) 0.5 percent of amounts made avail-
able to carry out section 5310.
542 
‘‘(F) 0.5 percent of amounts made avail-
able to carry out section 5311. 
‘‘(G) 1 percent of amounts made available 
to carry out section 5337, of which not less 
than 25 percent of such amounts shall be avail-
able to carry out section 5329 and of which not 
less than 10 percent of such amounts shall be 
made available to carry out section 5320. 
‘‘(H) 1 percent of amounts made available 
to carry out section 5339 of which not less than 
10 percent of such amounts shall be made 
available to carry out section 5320. 
‘‘(I) 1 percent of amounts made available 
to carry out section 5308. 
‘‘(2) ACTIVITIES.—The activities described in 
this paragraph are as follows: 
‘‘(A) Activities to oversee the construction 
of a major capital project. 
‘‘(B) Activities to review and audit the 
safety and security, procurement, management, 
and financial compliance of a recipient or sub-
recipient of funds under this chapter. 
‘‘(C) Activities to provide technical assist-
ance generally, and to provide technical assist-
ance to correct deficiencies identified in compli-
543 
ance reviews and audits carried out under this 
section. 
‘‘(3) GOVERNMENT
SHARE
OF
COSTS.—The 
Government shall pay the entire cost of carrying out 
a contract under this subsection/activities described 
in paragraph (2). 
‘‘(4) AVAILABILITY
OF
CERTAIN
FUNDS.— 
Funds made available under paragraph (1)(C) shall 
be made available to the Secretary before allocating 
the funds appropriated to carry out any project 
under a full funding grant agreement. 
‘‘(e) GRANTS AS CONTRACTUAL OBLIGATIONS.— 
‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST 
FUND.—A grant or contract that is approved by the 
Secretary and financed with amounts made available 
from the Mass Transit Account of the Highway 
Trust Fund pursuant to this section is a contractual 
obligation of the Government to pay the Government 
share of the cost of the project. 
‘‘(2) 
GRANTS
FINANCED
FROM
GENERAL 
FUND.—A grant or contract that is approved by the 
Secretary and financed with amounts appropriated 
in advance from the general fund of the Treasury 
pursuant to this section is a contractual obligation 
of the Government to pay the Government share of
544 
the cost of the project only to the extent that 
amounts are appropriated for such purpose by an 
Act of Congress. 
‘‘(f) AVAILABILITY OF AMOUNTS.—Amounts made 
available by or appropriated under this section shall re-
main available until expended. 
‘‘(g) LIMITATION ON FINANCIAL ASSISTANCE FOR 
STATE-OWNED ENTERPRISES.— 
‘‘(1) IN GENERAL.—Funds provided under this 
section may not be used in awarding a contract, sub-
contract, grant, or loan to an entity that is owned 
or controlled by, is a subsidiary of, or is otherwise 
related legally or financially to a corporation based 
in a country that— 
‘‘(A) is identified as a nonmarket economy 
country (as defined in section 771(18) of the 
Tariff Act of 1930 (19 U.S.C. 1677(18))) as of 
the date of enactment of this Act; 
‘‘(B) was identified by the United States 
Trade Representative in the most recent report 
required by section 182 of the Trade Act of 
1974 (19 U.S.C. 2242) as a priority foreign 
country under subsection (a)(2) of that section; 
and
545 
‘‘(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 financially’ 
does not include a minority relationship or invest-
ment. 
‘‘(3) INTERNATIONAL AGREEMENTS.—This sub-
section shall be applied in a manner consistent with 
the obligations of the United States under inter-
national agreements.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 5311 of title 49, United States 
Code, is amended by striking ‘‘5338(a)(2)(F)’’ and 
inserting ‘‘5338(a)(2)(E)’’. 
(2) Section 5312(i)(1) of title 49, United States 
Code, is amended by striking ‘‘5338(a)(2)(G)(ii)’’ 
and inserting ‘‘5338(a)(2)(F)(iii)’’. 
(3) Section 5333(b) of title 49, United States 
Code, is amended by striking ‘‘5328, 5337, and 
5338(b)’’ each place it appears and inserting ‘‘and 
5337’’. 
(4) Section 5336 of title 49, United States 
Code, is amended—
546 
(A) in subsection (d)(1) by striking 
‘‘5338(a)(2)(C)’’ 
and 
inserting 
‘‘5338(a)(2)(B)’’; and 
(B) 
in 
subsection 
(h) 
by 
striking 
‘‘5338(a)(2)(C)’’ 
and 
inserting 
‘‘5338(a)(2)(B)’’. 
(5) Subsections (c) and (d)(1) of section 5327 
of title 49, United States Code, are amended by 
striking ‘‘5338(f)’’ and inserting ‘‘5338(d)’’. 
(6) Section 5340(b) of title 49, United States 
Code, is amended by striking ‘‘5338(b)(2)(N)’’ and 
inserting ‘‘5338(a)(2)(O)’’. 
SEC. 2102. CHAPTER 53 DEFINITIONS. 
Section 5302 of title 49, United States Code, is 
amended— 
(1) in paragraph (1)(E)— 
(A) by striking ‘‘and the installation’’ and 
inserting ‘‘, the installation’’; and 
(B) by inserting ‘‘, and bikeshare projects’’ 
after ‘‘public transportation vehicles’’; 
(2) in paragraph (3)— 
(A) in subparagraph (G) by striking clause 
(iii) and inserting the following: 
‘‘(iii) provides a fair share of revenue 
established by the Secretary that will be
547 
used for public transportation, except for a 
joint development that is a community 
service (as defined by the Federal Transit 
Administration), publicly operated facility, 
or offers a minimum of 50 percent of units 
as affordable housing, meaning legally 
binding affordability restricted housing 
units available to tenants with incomes 
below 60 percent of the area median in-
come or owners with incomes below the 
area median;’’; and 
(B) in subparagraph (N)— 
(i) by striking ‘‘no emission’’ and in-
serting ‘‘zero emission’’; and 
(ii) by striking ‘‘(as defined in section 
5339(c))’’; and 
(3) by adding at the end the following: 
‘‘(25) 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.
548 
‘‘(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. 
‘‘(26) ASSAULT ON A TRANSIT WORKER.—The 
term ‘assault on a transit worker’ means any cir-
cumstance in which an individual knowingly, without 
lawful authority or permission, and with intent to 
endanger the safety of any individual, or with a 
reckless disregard for the safety of human life, inter-
feres with, disables, or incapacitates any transit 
worker while the transit worker is performing his or 
her duties.’’. 
SEC. 2103. GENERAL PROVISIONS. 
Section 5323 of title 49, United States Code, is 
amended— 
(1) in subsection (d)— 
(A) in paragraph (1) by striking ‘‘urban 
area’’ and inserting ‘‘urbanized area’’; 
(B) by adding at the end the following:
549 
‘‘(3) EXCEPTIONS.—This subsection shall not 
apply to financial assistance under this chapter— 
‘‘(A) in which the non-Federal share of 
project costs are provided from amounts re-
ceived under a service agreement with a State 
or local social service agency or private social 
service 
organization 
pursuant 
to 
section 
5307(d)(3)(E) or section 5311(g)(3)(C); 
‘‘(B) provided to a recipient or sub-
recipient whose sole receipt of such assistance 
derives from section 5310; or 
‘‘(C) provided to a recipient operating a 
fixed route service that is— 
‘‘(i) for a period of less than 30 days; 
‘‘(ii) accessible to the public; 
‘‘(iii) contracted by a local govern-
ment entity that provides local cost share 
to the recipient; and 
‘‘(iv) not contracted for the purposes 
of a convention or on behalf of a conven-
tion and visitors bureau. 
‘‘(4) GUIDELINES.—The Secretary shall publish 
guidelines for grant recipients and private bus oper-
ators that clarify when and how a transit agency 
may step back and provide the service in the event
550 
a registered charter provider does not contact the 
customer, provide a quote, or provide the service.’’; 
(2) in subsection (h)— 
(A) in paragraph (1) by adding ‘‘or’’ at the 
end; and 
(B) by striking paragraph (2) and redesig-
nating paragraph (3) as paragraph (2); 
(3) by striking subsection (j) and inserting the 
following: 
‘‘(j) REPORTING ACCESSIBILITY COMPLAINTS.— 
‘‘(1) IN GENERAL.—The Secretary shall ensure 
that an individual who believes that he or she, or a 
specific class in which the individual belongs, has 
been subjected to discrimination on the basis of dis-
ability by a State or local governmental entity, pri-
vate nonprofit organization, or Tribe that operates a 
public transportation service and is a recipient or 
subrecipient of funds under this chapter, may, by 
the individual or by an authorized representative, file 
a complaint with the Department of Transportation. 
‘‘(2) PROCEDURES.—Not later than 1 year 
after the date of enactment of the INVEST in 
America Act, the Secretary shall implement proce-
dures that allow an individual to submit a complaint 
described in paragraph (1) by phone, mail-in form,
551 
and online through the website of the Office of Civil 
Rights of the Federal Transit Administration. 
‘‘(3) NOTICE TO INDIVIDUALS WITH DISABIL-
ITIES.—Not later than 12 months after the date of 
enactment of the INVEST in America Act, the Sec-
retary shall require that each public transit provider 
and contractor providing paratransit services shall 
include on a publicly available website of the service 
provider, any related mobile device application, and 
online service— 
‘‘(A) notice that an individual can file a 
disability-related complaint with the local tran-
sit agency and the process and any timelines for 
filing such a complaint; 
‘‘(B) the telephone number, or a com-
parable electronic means of communication, for 
the disability assistance hotline of the Office of 
Civil Rights of the Federal Transit Administra-
tion; 
‘‘(C) notice that a consumer can file a dis-
ability related complaint with the Office of Civil 
Rights of the Federal Transit Administration; 
and 
‘‘(D) an active link to the website of the 
Office of Civil Rights of the Federal Transit
552 
Administration for an individual to file a dis-
ability-related complaint. 
‘‘(4) INVESTIGATION
OF
COMPLAINTS.—Not 
later than 60 days after the last day of each fiscal 
year, the Secretary shall publish a report that lists 
the disposition of complaints described in paragraph 
(1), including— 
‘‘(A) the number and type of complaints 
filed with Department of Transportation; 
‘‘(B) the number of complaints inves-
tigated by the Department; 
‘‘(C) the result of the complaints that were 
investigated by the Department including 
whether the complaint was resolved— 
‘‘(i) informally; 
‘‘(ii) by issuing a violation through a 
noncompliance Letter of Findings; or 
‘‘(iii) by other means, which shall be 
described; and 
‘‘(D) if a violation was issued for a com-
plaint, whether the Department resolved the 
noncompliance by— 
‘‘(i) reaching a voluntary compliance 
agreement with the entity;
553 
‘‘(ii) referring the matter to the Attor-
ney General; or 
‘‘(iii) by other means, which shall be 
described. 
‘‘(5) REPORT.—The Secretary shall, upon im-
plementation of this section and annually thereafter, 
submit to the Committee on Transportation and In-
frastructure of the House of Representatives, the 
Committee on Banking, Housing, and Urban Affairs 
of the Senate, and make publicly available a report 
containing the information collected under this sec-
tion.’’; 
(4) by striking subsection (m) and inserting the 
following: 
‘‘(m) PREAWARD AND POSTDELIVERY REVIEW OF 
ROLLING STOCK PURCHASES.—The Secretary shall pre-
scribe regulations requiring a preaward and postdelivery 
review of a grant under this chapter to buy rolling stock 
to ensure compliance with bid specifications requirements 
of grant recipients under this chapter. Under this sub-
section, grantee inspections and review are required, and 
a manufacturer certification is not sufficient.’’; and 
(5) in subsection (r)— 
(A) by inserting ‘‘or beneficial’’ after ‘‘det-
rimental’’;
554 
(B) by striking the period at the end and 
inserting ‘‘; and’’; 
(C) by striking ‘‘under this chapter may 
not deny’’ and inserting the following: ‘‘under 
this chapter— 
‘‘(1) may not deny’’; and 
(D) by adding at the end the following: 
‘‘(2) shall respond to any request for reasonable 
access within 75 days of the receipt of the request 
and, if a recipient of assistance under this chapter 
denies access to a private intercity or charter trans-
portation operator based on the reasonable access 
standards, provide, in writing, the reasons for the 
denial.’’. 
SEC. 2104. MISCELLANEOUS PROVISIONS. 
(a) STATE
OF GOOD REPAIR GRANTS.—Section 
5337(e) of title 49, United States Code, is amended by 
adding at the end the following: 
‘‘(3) ACCESSIBILITY
COSTS.—Notwithstanding 
paragraph (1), the Federal share of the net project 
cost of a project to provide accessibility in compli-
ance with the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.) shall be 90 per-
cent.’’.
556 
(2) in subsection (c) by inserting ‘‘, any data on 
each assault on a transit worker, and pedestrian in-
juries and fatalities as a result of an impact with a 
bus. Each of the data sets shall be publicly reported 
without aggregating the data with other safety data’’ 
after ‘‘by the recipient’’. 
(e) URBANIZED AREA FORMULA GRANTS.—Section 
5307 of title 49, United States Code, is amended— 
(1) in subsection (a)(2)(A)— 
(A) in clause (i) by striking ‘‘or’’ at the 
end; and 
(B) by adding at the end the following: 
‘‘(iii) operate a minimum of 101 buses 
and a maximum of 125 buses in fixed 
route service or demand response service, 
excluding ADA complementary paratransit 
service, during peak service hours, in an 
amount not to exceed 25 percent of the 
share of the apportionment which is attrib-
utable to such systems within the urban-
ized area, as measured by vehicle revenue 
hours; or’’; 
(2) in subsection (a)(2)(B)— 
(A) in clause (i) by striking ‘‘or’’ at the 
end;
557 
(B) in clause (ii) by striking the period at 
the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(iii) operate a minimum of 101 buses 
and a maximum of 125 buses in fixed 
route service or demand response service, 
excluding ADA complementary paratransit 
service, during peak service hours, in an 
amount not to exceed 25 percent of the 
share of the apportionment allocated to 
such systems within the urbanized area, as 
determined by the local planning process 
and included in the designated recipient’s 
final program of projects prepared under 
subsection (b).’’; and 
(3) in subsection (b)— 
(A) in paragraph (6) by striking ‘‘and’’ at 
the end; 
(B) by redesignating paragraph (7) as 
paragraph (8); and 
(C) by inserting after paragraph (6) the 
following: 
‘‘(7) ensure that the proposed program of 
projects provides improved access to transit for the 
individuals described in section 5336(j); and’’.
558 
(f) 
TECHNICAL
CORRECTION.—Section 
5307(a)(2)(B)(ii) of title 49, United States Code, is 
amended by striking ‘‘service during peak’’ and inserting 
‘‘service, during peak’’. 
(g) IMPOSITION OF DEADLINE.—Section 5324 of title 
49, United States Code, is amended by adding at the end 
the following: 
‘‘(f) IMPOSITION OF DEADLINE.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary may not require any 
project funded under this section to advance to the 
construction obligation stage before the date that is 
the last day of the sixth fiscal year after the later 
of— 
‘‘(A) the date on which the Governor de-
clared the emergency, as described in subsection 
(d)(1)(A); or 
‘‘(B) the date on which the President de-
clared the emergency to be a major disaster, as 
described in such subsection. 
‘‘(2) EXTENSION OF DEADLINE.—If the Sec-
retary imposes a deadline for advancement to the 
construction obligation stage pursuant to paragraph 
(1), the Secretary may, upon the request of the Gov-
ernor of the State, issue an extension of not more
559 
than 1 year to complete such advancement, and may 
issue additional extensions after the expiration of 
any extension, if the Secretary determines the Gov-
ernor of the State has provided suitable justification 
to warrant such an extension.’’. 
(h) TRANSPORTATION DEVELOPMENT CREDITS AS 
LOCAL MATCH.— 
(1) SECTION 5307.—Section 5307(d)(3) of title 
49, United States Code, is amended— 
(A) in subparagraph (D) by striking ‘‘; 
and’’ and inserting a semicolon; 
(B) in subparagraph (E) by striking the 
period and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(F) transportation development credits.’’. 
(2) SECTION 5309.—Section 5309 of title 49, 
United States Code, is amended— 
(A) in subsection (f) by adding at the end 
the following: 
‘‘(3) TRANSPORTATION
DEVELOPMENT
CRED-
ITS.—For purposes of assessments and determina-
tions under this subsection or subsection (h), trans-
portation development credits that are included as a 
source of local financing or match shall be treated 
the same as other sources of local financing.’’; and
560 
(B) in subsection (l)(4)— 
(i) in subparagraph (B) by striking ‘‘; 
or’’ and inserting a semicolon; 
(ii) in subparagraph (C) by striking 
the period and inserting ‘‘; or’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(D) transportation development credits.’’. 
(3) SECTION
5339.—Section 5339(a)(7)(B) of 
title 49, United States Code, is amended— 
(A) in clause (iv) by striking ‘‘; or’’ and in-
serting a semicolon; 
(B) in clause (v) by striking the period and 
inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(vi) transportation development cred-
its.’’. 
SEC. 2105. POLICIES AND PURPOSES. 
Section 5301(b) of title 49, United States Code, is 
amended— 
(1) in paragraph (7) by striking ‘‘; and’’ and in-
serting a semicolon; 
(2) in paragraph (8) by striking the period and 
inserting a semicolon; and 
(3) by adding at the end the following:
561 
‘‘(9) reduce the contributions of the surface 
transportation system to the total carbon pollution 
of the United States; and 
‘‘(10) improve the resiliency of the public trans-
portation network to withstand weather events and 
other natural disasters.’’. 
SEC. 2106. FISCAL YEAR 2022 FORMULAS. 
For fiscal year 2022, the Secretary shall apportion 
and distribute formula funds provided for under chapter 
53 of title 49, United States Code, using data submitted 
to the 2019 National Transit Database. 
SEC. 2107. METROPOLITAN TRANSPORTATION PLANNING. 
Section 5303 of title 49, United States Code, is 
amended— 
(1) by amending subsection (a)(1) to read as 
follows: 
‘‘(1) to encourage and promote the safe and ef-
ficient management, operation, and development of 
surface transportation systems that will serve the 
mobility needs of people and freight, foster economic 
growth and development within and between States 
and urbanized areas, and take into consideration re-
siliency and climate change adaptation needs while 
reducing transportation-related fuel consumption, air 
pollution, and greenhouse gas emissions through
562 
metropolitan and statewide transportation planning 
processes identified in this chapter; and’’. 
(2) in subsection (b)— 
(A) by redesignating paragraphs (6) and 
(7) as paragraphs (7) and (8), respectively; and 
(B) by inserting after paragraph (5) the 
following: 
‘‘(6) STIP.—The term ‘STIP’ means a state-
wide transportation improvement program developed 
by a State under section 135(g).’’; 
(3) in subsection (c)— 
(A) in paragraph (1) by striking ‘‘and 
transportation improvement programs’’ and in-
serting ‘‘and TIPs’’; and 
(B) by adding at the end the following: 
‘‘(4) CONSIDERATION.—In developing the plans 
and TIPs, metropolitan planning organizations shall 
consider direct and indirect emissions of greenhouse 
gases.’’; 
(4) in subsection (d)— 
(A) in paragraph (2) by striking ‘‘Not 
later than 2 years after the date of enactment 
of the Federal Public Transportation Act of 
2012, each’’ and inserting ‘‘Each’’;
563 
(B) in paragraph (3) by adding at the end 
the following: 
‘‘(D) CONSIDERATIONS.— 
‘‘(i) EQUITABLE AND PROPORTIONAL 
REPRESENTATION.—In designating offi-
cials or representatives under paragraph 
(2), the metropolitan planning organization 
shall consider the equitable and propor-
tional representation of the population of 
the metropolitan planning area. 
‘‘(ii) SAVINGS
CLAUSE.—Nothing in 
this paragraph shall require a metropolitan 
planning organization in existence on the 
date of enactment of this subparagraph to 
be restructured. 
‘‘(iii) 
REDESIGNATION.—Notwith-
standing clause (ii), the requirements of 
this paragraph shall apply to any metro-
politan planning organization redesignated 
under paragraph (6).’’; 
(C) in paragraph (6)(B) by striking ‘‘para-
graph (2)’’ and inserting ‘‘paragraphs (2) or 
(3)(D)’’; and 
(D) in paragraph (7)—
564 
(i) by striking ‘‘an existing metropoli-
tan planning area’’ and inserting ‘‘an ur-
banized area’’; and 
(ii) by striking ‘‘the existing metro-
politan planning area’’ and inserting ‘‘the 
area’’; 
(5) in subsection (g)— 
(A) in paragraph (1) by striking ‘‘a metro-
politan area’’ and inserting ‘‘an urbanized 
area’’; 
(B) in paragraph (2) by striking ‘‘MPOS’’ 
and 
inserting 
‘‘METROPOLITAN
PLANNING 
AREAS’’ 
(C) in paragraph (3)(A) by inserting 
‘‘emergency response and evacuation, climate 
change adaptation and resilience,’’ after ‘‘dis-
aster risk reduction,’’; and 
(D) by adding at the end the following: 
‘‘(4) COORDINATION BETWEEN MPOS.— 
‘‘(A) IN GENERAL.—If more than one met-
ropolitan planning organization is designated 
within an urbanized area under subsection 
(d)(7), the metropolitan planning organizations 
designated within the area shall ensure, to the 
maximum extent practicable, the consistency of
565 
any data used in the planning process, includ-
ing information used in forecasting transpor-
tation demand. 
‘‘(B) SAVINGS CLAUSE.—Nothing in this 
paragraph requires metropolitan planning orga-
nizations designated within a single urbanized 
area to jointly develop planning documents, in-
cluding a unified long-range transportation plan 
or unified TIP.’’; 
(6) in subsection (h)(1)— 
(A) by striking subparagraph (E) and in-
serting the following: 
‘‘(E) protect and enhance the environment, 
promote energy conservation, reduce greenhouse 
gas emissions, improve the quality of life and 
public health, and promote consistency between 
transportation improvements and State and 
local planned growth and economic development 
patterns, including housing and land use pat-
terns;’’; 
(B) in subparagraph (H) by striking 
‘‘and’’ at the end; 
(C) in subparagraph (I) by striking the pe-
riod at the end and inserting ‘‘and reduce or 
mitigate stormwater, sea level rise, extreme
566 
weather, and climate change impacts of surface 
transportation;’’; and 
(D) by inserting after subparagraph (I) the 
following: 
‘‘(J) facilitate emergency management, re-
sponse, and evacuation and hazard mitigation; 
‘‘(K) improve the level of transportation 
system access; and 
‘‘(L) support inclusive zoning policies and 
land use planning practices that incentivize af-
fordable, elastic, and diverse housing supply, fa-
cilitate long-term economic growth by improving 
the accessibility of housing to jobs, and prevent 
high housing costs from displacing economically 
disadvantaged households.’’; 
(7) in subsection (h)(2) by striking subpara-
graph (A) and inserting the following: 
‘‘(A) IN GENERAL.—Through the use of a 
performance-based approach, transportation in-
vestment decisions made as a part of the metro-
politan transportation planning process shall 
support the national goals described in section 
150(b), the achievement of metropolitan and 
statewide targets established under section 
150(d), the improvement of transportation sys-
567 
tem access (consistent with section 150(f)), and 
the general purposes described in section 5301 
of title 49.’’; 
(8) in subsection (i)— 
(A) in paragraph (2)(D)(i) by inserting 
‘‘reduce greenhouse gas emissions and’’ before 
‘‘restore and maintain’’; 
(B) in paragraph (2)(G) by inserting ‘‘and 
climate change’’ after ‘‘infrastructure to natural 
disasters’’; 
(C) in paragraph (2)(H) by inserting 
‘‘greenhouse gas emissions,’’ after ‘‘pollution,’’; 
(D) in paragraph (5)— 
(i) in subparagraph (A) by inserting 
‘‘air quality, public health, housing, trans-
portation, resilience, hazard mitigation, 
emergency management,’’ after ‘‘conserva-
tion,’’; and 
(ii) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) ISSUES.—The consultation shall in-
volve, as appropriate, comparison of transpor-
tation plans to other relevant plans, including, 
if available—
568 
‘‘(i) State conservation plans or maps; 
and 
‘‘(ii) inventories of natural or historic 
resources.’’; and 
(E) by amending paragraph (6)(C) to read 
as follows: 
‘‘(C) METHODS.— 
‘‘(i) IN
GENERAL.—In carrying out 
subparagraph (A), the metropolitan plan-
ning organization shall, to the maximum 
extent practicable— 
‘‘(I) hold any public meetings at 
convenient and accessible locations 
and times; 
‘‘(II) employ visualization tech-
niques to describe plans; and 
‘‘(III) make public information 
available in electronically accessible 
format and means, such as the inter-
net, as appropriate to afford reason-
able opportunity for consideration of 
public information under subpara-
graph (A). 
‘‘(ii) ADDITIONAL METHODS.—In ad-
dition to the methods described in clause
569 
(i), in carrying out subparagraph (A), the 
metropolitan planning organization shall, 
to the maximum extent practicable— 
‘‘(I) use virtual public involve-
ment, social media, and other web- 
based tools to encourage public par-
ticipation and solicit public feedback; 
and 
‘‘(II) use other methods, as ap-
propriate, to further encourage public 
participation of historically underrep-
resented individuals in the transpor-
tation planning process.’’; 
(9) in subsection (j)— 
(A) by striking ‘‘transportation improve-
ment program’’ and inserting ‘‘TIP’’ each place 
it appears; and 
(B) in paragraph (2)(D)— 
(i) by striking ‘‘PERFORMANCE TAR-
GET ACHIEVEMENT’’ and inserting ‘‘PER-
FORMANCE MANAGEMENT’’; 
(ii) by striking ‘‘The TIP’’ and insert-
ing the following: 
‘‘(i) IN GENERAL.—The TIP’’; and
570 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) TRANSPORTATION MANAGEMENT 
AREAS.—For metropolitan planning areas 
that represent an urbanized area des-
ignated as a transportation management 
area under subsection (k), the TIP shall 
include— 
‘‘(I) a discussion of the antici-
pated effect of the TIP toward achiev-
ing the performance targets estab-
lished in the metropolitan transpor-
tation plan, linking investment prior-
ities to such performance targets; and 
‘‘(II) a description of how the 
TIP would improve the overall level of 
transportation system access, con-
sistent with section 150(f) of title 
23.’’; 
(10) in subsection (k)— 
(A) in paragraph (3)(A)— 
(i) by striking ‘‘shall address conges-
tion management’’ and inserting the fol-
lowing: ‘‘shall address— 
‘‘(i) congestion management’’;
571 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) the overall level of transportation 
system access for various modes of travel 
within the metropolitan planning area, in-
cluding the level of access for economically 
disadvantaged 
communities, 
consistent 
with section 150(f) of title 23, that is 
based on a cooperatively developed and im-
plemented metropolitan-wide strategy, as-
sessing both new and existing transpor-
tation facilities eligible for funding under 
this chapter and title 23.’’; and 
(B) in paragraph (5)(B)— 
(i) in clause (i) by striking ‘‘; and’’ 
and inserting a semicolon; 
(ii) in clause (ii) by striking the pe-
riod and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) the TIP approved under clause 
(ii) improves the level of transportation
572 
system access, consistent with section 
150(f) of title 23.’’; 
(11) in subsection (l)(2)— 
(A) by striking ‘‘5 years after the date of 
enactment of the Federal Public Transportation 
Act of 2012’’ and inserting ‘‘2 years after the 
date of enactment of the INVEST in America 
Act, and every 2 years thereafter,’’; 
(B) in subparagraph (C) by striking ‘‘and 
whether metropolitan planning organizations 
are developing meaningful performance targets; 
and’’ and inserting a semicolon; and 
(C) by striking subparagraph (D) and in-
serting the following: 
‘‘(D) a listing of all metropolitan planning 
organizations that are establishing performance 
targets and whether such performance targets 
established by the metropolitan planning orga-
nization are meaningful or regressive (as de-
fined in section 150(d)(3)(B) of title 23); and 
‘‘(E) the progress of implementing the 
measure established under section 150(f) of 
title 23.’’; and 
(12) by striking ‘‘Federally’’ each place it ap-
pears and inserting ‘‘federally’’.
573 
SEC. 2108. STATEWIDE AND NONMETROPOLITAN TRANS-
PORTATION PLANNING. 
Section 5304 of title 49, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1) by striking ‘‘state-
wide transportation improvement program’’ and 
inserting ‘‘STIP’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘The statewide trans-
portation plan and the’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—The statewide trans-
portation plan and the’’; 
(ii) by striking ‘‘transportation im-
provement 
program’’ 
and 
inserting 
‘‘STIP’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) CONSIDERATION.—In developing the 
statewide transportation plans and STIPs, 
States shall consider direct and indirect emis-
sions of greenhouse gases.’’; and 
(C) in paragraph (3) by striking ‘‘trans-
portation improvement program’’ and inserting 
‘‘STIP’’;
574 
(2) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (E)— 
(I) by inserting ‘‘reduce green-
house gas emissions,’’ after ‘‘promote 
energy conservation,’’; 
(II) by inserting ‘‘and public 
health’’ after ‘‘improve the quality of 
life’’; and 
(III) by inserting ‘‘, including 
housing and land use patterns’’ after 
‘‘economic development patterns’’; 
(ii) in subparagraph (H) by striking 
‘‘and’’; 
(iii) in subparagraph (I) by striking 
the period at the end and inserting ‘‘and 
reduce or mitigate stormwater, sea level 
rise, extreme weather, and climate change 
impacts of surface transportation;’’; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(J) facilitate emergency management, re-
sponse, and evacuation and hazard mitigation; 
‘‘(K) improve the level of transportation 
system access; and
575 
‘‘(L) support inclusive zoning policies and 
land use planning practices that incentivize af-
fordable, elastic, and diverse housing supply, fa-
cilitate long-term economic growth by improving 
the accessibility of housing to jobs, and prevent 
high housing costs from displacing economically 
disadvantaged households.’’; 
(B) in paragraph (2)— 
(i) by striking subparagraph (A) and 
inserting the following: 
‘‘(A) IN GENERAL.—Through the use of a 
performance-based approach, transportation in-
vestment decisions made as a part of the state-
wide transportation planning process shall sup-
port— 
‘‘(i) the national goals described in 
section 150(b); 
‘‘(ii) the consideration of transpor-
tation system access (consistent with sec-
tion 150(f)); 
‘‘(iii) the achievement of statewide 
targets established under section 150(d); 
and 
‘‘(iv) the general purposes described 
in section 5301 of title 49.’’; and
576 
(ii) in subparagraph (D) by striking 
‘‘statewide 
transportation 
improvement 
program’’ and inserting ‘‘STIP’’; and 
(C) in paragraph (3) by striking ‘‘state-
wide transportation improvement program’’ and 
inserting ‘‘STIP’’; 
(3) in subsection (e)(3) by striking ‘‘transpor-
tation 
improvement 
program’’ 
and 
inserting 
‘‘STIP’’; 
(4) in subsection (f)— 
(A) in paragraph (2)(D)— 
(i) in clause (i) by inserting ‘‘air qual-
ity, public health, housing, transportation, 
resilience, hazard mitigation, emergency 
management,’’ after ‘‘conservation,’’; and 
(ii) by amending clause (ii) to read as 
follows: 
‘‘(ii) COMPARISON
AND
CONSIDER-
ATION.—Consultation 
under 
clause 
(i) 
shall involve the comparison of transpor-
tation plans to other relevant plans and in-
ventories, including, if available— 
‘‘(I) State and tribal conservation 
plans or maps; and
577 
‘‘(II) inventories of natural or 
historic resources.’’; 
(B) in paragraph (3)(B)— 
(i) by striking ‘‘In carrying out’’ and 
inserting the following: 
‘‘(i) IN GENERAL.—in carrying out’’; 
(ii) 
by 
redesignating 
clauses 
(i) 
through (iv) as subclauses (I) through 
(IV), respectively; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) ADDITIONAL METHODS.—In ad-
dition to the methods described in clause 
(i), in carrying out subparagraph (A), the 
State shall, to the maximum extent prac-
ticable— 
‘‘(I) use virtual public involve-
ment, social media, and other web- 
based tools to encourage public par-
ticipation and solicit public feedback; 
and 
‘‘(II) use other methods, as ap-
propriate, to further encourage public 
participation of historically underrep-
578 
resented individuals in the transpor-
tation planning process.’’; 
(C) in paragraph (4)(A) by inserting ‘‘re-
duce greenhouse gas emissions and’’ after ‘‘po-
tential to’’; and 
(D) in paragraph (8) by inserting ‘‘includ-
ing consideration of the role that intercity buses 
may play in reducing congestion, pollution, 
greenhouse gas emissions, and energy consump-
tion in a cost-effective manner and strategies 
and investments that preserve and enhance 
intercity bus systems, including systems that 
are privately owned and operated’’ after ‘‘trans-
portation system’’; 
(5) in subsection (g)— 
(A) in paragraph (1)(A) by striking ‘‘state-
wide transportation improvement program’’ and 
inserting ‘‘STIP’’; 
(B) in paragraph (4)— 
(i) by striking ‘‘PERFORMANCE TAR-
GET ACHIEVEMENT’’ and inserting ‘‘PER-
FORMANCE MANAGEMENT’’; 
(ii) by striking ‘‘shall include, to the 
maximum extent practicable, a discussion’’ 
and inserting the following: ‘‘shall include
579 
‘‘(A) a discussion’’; 
(iii) by striking the period at the end 
and inserting ‘‘; and’’; 
(iv) by striking ‘‘statewide transpor-
tation improvement program’’ and insert-
ing ‘‘STIP’’ each place it appears; and 
(v) by adding at the end the following: 
‘‘(B) a consideration of how the STIP im-
pacts the overall level of transportation system 
access, consistent with section 150(f) of title 
23.’’; 
(C) in paragraph (5)— 
(i) in subparagraph (A) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’; 
(ii) in subparagraph (B)(ii) by strik-
ing ‘‘metropolitan transportation improve-
ment program’’ and inserting ‘‘TIP’’; 
(iii) in subparagraph (C) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’ each place it ap-
pears; 
(iv) in subparagraph (E) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’;
580 
(v) in subparagraph (F)(i) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’ each place it ap-
pears; 
(vi) in subparagraph (G)(ii) by strik-
ing ‘‘transportation improvement program’’ 
and inserting ‘‘STIP’’; and 
(vii) in subparagraph (H) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’; 
(D) in paragraph (6)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘transportation 
improvement program’’ and inserting 
‘‘STIP’’; and 
(II) by striking ‘‘and projects 
carried out under the bridge program 
or the Interstate maintenance pro-
gram under title 23’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘or under the 
bridge program or the Interstate 
maintenance program’’; and
581 
(II) by striking ‘‘statewide trans-
portation improvement program’’ and 
inserting ‘‘STIP’’; 
(E) in paragraph (7)— 
(i) in the heading by striking ‘‘TRANS-
PORTATION IMPROVEMENT PROGRAM’’ and 
inserting ‘‘STIP’’; and 
(ii) by striking ‘‘transportation im-
provement 
program’’ 
and 
inserting 
‘‘STIP’’; 
(F) in paragraph (8) by striking ‘‘state-
wide transportation plans and programs’’ and 
inserting ‘‘statewide transportation plans and 
STIPs’’; and 
(G) in paragraph (9) by striking ‘‘trans-
portation improvement program’’ and inserting 
‘‘STIP’’; 
(6) in subsection (h)(2)(A) by striking ‘‘Not 
later than 5 years after the date of enactment of the 
Federal Public Transportation Act of 2012,’’ and in-
serting ‘‘Not less frequently than once every 4 
years,’’; 
(7) in subsection (j) by striking ‘‘transportation 
improvement program’’ and inserting ‘‘STIP’’ each 
place it appears; and
582 
(8) in subsection (l) by striking ‘‘transportation 
improvement programs’’ and inserting ‘‘STIPs’’. 
SEC. 2109. OBLIGATION LIMITATION. 
Notwithstanding any other provision of law, the total 
of all obligations from amounts made available from the 
Mass Transit Account of the Highway Trust Fund by sub-
section (a) of section 5338 of title 49, United States Code, 
shall not exceed— 
(1) $16,185,800,000 in fiscal year 2022; 
(2) $16,437,600,000 in fiscal year 2023; 
(3) $16,700,600,000 in fiscal year 2024; and 
(4) $16,963,600,000 in fiscal year 2025. 
SEC. 2110. PUBLIC TRANSPORTATION EMERGENCY RELIEF 
FUNDS. 
Section 5324 of title 49, United States Code, is fur-
ther amended by adding at the end the following: 
‘‘(g) IMPOSITION OF DEADLINE.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary may not require any 
project funded pursuant to this section to advance to 
the construction obligation stage before the date 
that is the last day of the sixth fiscal year after the 
later of—
583 
‘‘(A) the date on which the Governor de-
clared the emergency, as described in subsection 
(a)(2); or 
‘‘(B) the date on which the President de-
clared a major disaster, as described in such 
subsection. 
‘‘(2) EXTENSION OF DEADLINE.—If the Sec-
retary imposes a deadline for advancement to the 
construction obligation stage pursuant to paragraph 
(1), the Secretary may, upon the request of the Gov-
ernor of the State, issue an extension of not more 
than 1 year to complete such advancement, and may 
issue additional extensions after the expiration of 
any extension, if the Secretary determines the Gov-
ernor of the State has provided suitable justification 
to warrant an extension.’’. 
SEC. 2111. CERTIFICATION REQUIREMENTS. 
The certification requirements described in section 
661.12 of title 49, Code of Federal Regulations, shall, 
after the date of enactment of this Act, include a certifi-
cation that buses or other rolling stock (including train 
control, communication and traction power equipment) 
being procured do not contain or use any covered tele-
communications equipment or services, as such term is de-
fined by section 889 of the John S. McCain National De-
584 
fense Authorization Act for Fiscal Year 2019 (Public Law 
115–232). 
SEC. 2112. HOLD HARMLESS. 
Notwithstanding any other provision of law, for fiscal 
years 2021 and 2022, the Secretary of Transportation 
shall allow project sponsors, at the request of such spon-
sor, to submit ridership and service data and projections 
collected before January 20, 2020 and projections based 
on that data to determine project eligibility under section 
5309 of title 49, United States Code. 
Subtitle B—Improving Frequency 
and Ridership 
SEC. 2201. MULTI-JURISDICTIONAL BUS FREQUENCY AND 
RIDERSHIP COMPETITIVE GRANTS. 
(a) IN GENERAL.—Chapter 53 of title 49, United 
States Code, is amended by inserting after section 5307 
the following new section: 
‘‘§ 5308. Multi-jurisdictional bus frequency and rider-
ship competitive grants 
‘‘(a) IN GENERAL.—The Secretary shall make grants 
under this section, on a competitive basis, to eligible re-
cipients to increase the frequency and ridership of public 
transit buses. 
‘‘(b) APPLICATIONS.—To be eligible for a grant 
under this section, an eligible recipient shall submit to the
585 
Secretary an application at such time, in such manner, 
and containing such information as the Secretary may re-
quire. 
‘‘(c) APPLICATION TIMING.—Not later than 90 days 
after amounts are made available to carry out this section, 
the Secretary shall solicit grant applications from eligible 
recipients for projects described in subsection (d). 
‘‘(d) USES OF FUNDS.—An eligible recipient of a 
grant under this section shall use such grant for capital 
projects that— 
‘‘(1) increase— 
‘‘(A) the frequency of bus service; 
‘‘(B) bus ridership; and 
‘‘(C) total person throughput; and 
‘‘(2) are consistent with, and as described in, 
the design guidance issued by the National Associa-
tion of City Transportation Officials and titled 
‘Transit Street Design Guide’. 
‘‘(e) GRANT CRITERIA.—In making grants under this 
section, the Secretary shall consider the following: 
‘‘(1) Each eligible recipient’s projected increase 
in bus frequency. 
‘‘(2) Each eligible recipient’s projected increase 
in bus ridership.
586 
‘‘(3) Each eligible recipient’s projected increase 
in total person throughput. 
‘‘(4) The degree of regional collaboration de-
scribed in each eligible recipient’s application, in-
cluding collaboration with— 
‘‘(A) a local government entity that oper-
ates a public transportation service; 
‘‘(B) local government agencies that con-
trol street design; 
‘‘(C) metropolitan planning organizations 
(as such term is defined in section 5303); and 
‘‘(D) State departments of transportation. 
‘‘(f) GRANT TIMING.—The Secretary shall award 
grants under this section not later than 120 days after 
the date on which the Secretary completes the solicitation 
described in subsection (c). 
‘‘(g) REQUIREMENTS OF THE SECRETARY.—In car-
rying out the program under this section, the Secretary 
shall— 
‘‘(1) not later than the date described in sub-
section (c), publish in the Federal Register a list of 
all metrics and evaluation procedures to be used in 
making grants under this section; and 
‘‘(2) publish in the Federal Register—
587 
‘‘(A) a summary of the final metrics and 
evaluations used in making grants under this 
section; and 
‘‘(B) a list of the ratings of eligible recipi-
ents receiving a grant under this section based 
on such metrics and evaluations. 
‘‘(h) FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—The Federal share of the 
cost of a project carried out under this section shall 
not exceed 80 percent. 
‘‘(2) RESTRICTION ON GRANT AMOUNTS.—The 
Secretary may make a grant for a project under this 
section in an amount up to 150 percent of the 
amount— 
‘‘(A) provided for such project under title 
23; and 
‘‘(B) provided for such project from non- 
Federal funds budgeted for roadways. 
‘‘(i) REQUIREMENTS OF SECTION 5307.—Except as 
otherwise provided in this section, a grant under this sec-
tion shall be subject to the requirements of section 5307. 
‘‘(j) AVAILABILITY OF FUNDS.— 
‘‘(1) IN GENERAL.—Amounts made available to 
carry out this section shall remain available for 4
588 
fiscal years after the fiscal year for which the 
amount was made available. 
‘‘(2) UNOBLIGATED AMOUNTS.—After the expi-
ration of the period described in paragraph (1) for 
an amount made available to carry out this section, 
any unobligated amounts made available to carry out 
this section shall be added to the amounts made 
available for the following fiscal year. 
‘‘(k) ELIGIBLE RECIPIENTS.—In this section, the 
term ‘eligible recipient’ means a recipient of a grant under 
section 5307 in an urbanized area with a population great-
er than 500,000.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 53 of title 49, United States Code, is amended by in-
serting after the item relating to section 5307 the fol-
lowing new item: 
‘‘5308. Multi-jurisdictional bus frequency and ridership competitive grants.’’. 
SEC. 2202. INCENTIVIZING FREQUENCY IN THE URBAN FOR-
MULA. 
Section 5336 of title 49, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (2)— 
(i) in subparagraph (A)—
589 
(I) in the matter preceding clause 
(i) by striking ‘‘95.61 percent’’ and 
inserting ‘‘95 percent’’; 
(II) in clause (i) by striking 
‘‘95.61 percent’’ and inserting ‘‘95 
percent’’; and 
(III) in clause (ii) by striking 
‘‘95.61 percent’’ and inserting ‘‘95 
percent’’; and 
(ii) in subparagraph (B)— 
(I) in the matter preceding clause 
(i) by striking ‘‘4.39 percent’’ and in-
serting ‘‘5 percent’’; 
(II) in clause (i)— 
(aa) by inserting ‘‘in the 
highest 25 percent of routes by 
ridership’’ 
before 
‘‘multiplied 
by’’; and 
(bb) by striking ‘‘vehicle 
passenger miles traveled for each 
dollar of operating cost in an 
area’’ and inserting ‘‘vehicles op-
erating in peak revenue service 
per hour in the highest 25 per-
cent of routes by ridership’’; and
590 
(III) in clause (ii)— 
(aa) by inserting ‘‘in the 
highest 25 percent of routes by 
ridership’’ 
before 
‘‘multiplied 
by’’; and 
(bb) by striking ‘‘vehicle 
passenger miles traveled for each 
dollar of operating cost in all 
areas’’ and inserting ‘‘vehicles 
operating in peak revenue service 
per hour in the highest 25 per-
cent of routes by ridership’’; and 
(B) by adding at the end the following: 
‘‘(3) SPECIAL RULE.—For fiscal year 2022, the 
percentage— 
‘‘(A) in paragraph (2)(A) in the matter 
preceding clause (i) shall be treated as 100 per-
cent; and 
‘‘(B) in paragraph (2)(B) in the matter 
preceding clause (i) shall be treated as 0 per-
cent.’’; 
(2) in subsection (c)— 
(A) in paragraph (1) by striking ‘‘90.8 
percent’’ and inserting ‘‘90 percent’’ each place 
it appears;
591 
(B) in paragraph (2)— 
(i) by striking ‘‘9.2 percent’’ and in-
serting ‘‘8 percent’’; 
(ii) by striking ‘‘200,000’’ and insert-
ing ‘‘500,000’’; 
(iii) by striking subparagraph (A) and 
inserting the following: 
‘‘(A) the number of bus passenger miles 
traveled on the highest 25 percent of routes by 
ridership multiplied by the number of buses op-
erating in peak revenue service per hour on the 
highest 25 percent of routes by ridership; di-
vided by’’; and 
(iv) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) the total number of bus passenger 
miles traveled on the highest 25 percent of 
routes by ridership multiplied by the total num-
ber of buses operating in peak revenue service 
per hour on the highest 25 percent of routes by 
ridership in all areas.’’; and 
(C) by adding at the end the following: 
‘‘(3) Two percent of the total amount appor-
tioned under this subsection shall be apportioned so 
that each urbanized area with a population of at