176 
cans with Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.). 
‘‘(B) Construction, planning, and design of 
infrastructure-related projects and systems that 
will provide safe routes for nondrivers, includ-
ing children, older adults, and individuals with 
disabilities to access daily needs. 
‘‘(C) Conversion and use of abandoned 
railroad corridors for trails for pedestrians, 
bicyclists, or other nonmotorized transportation 
users. 
‘‘(D) Construction of turnouts, overlooks, 
and viewing areas. 
‘‘(E) Community improvement activities, 
including— 
‘‘(i) inventory, control, or removal of 
outdoor advertising; 
‘‘(ii) historic preservation and reha-
bilitation of historic transportation facili-
ties; 
‘‘(iii) vegetation management prac-
tices in transportation rights-of-way to im-
prove roadway safety, prevent against 
invasive species, and provide erosion con-
trol; and 
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‘‘(iv) archaeological activities relating 
to impacts from implementation of a trans-
portation project eligible under this title. 
‘‘(F) Any environmental mitigation activ-
ity, including pollution prevention and pollution 
abatement activities and mitigation to address 
stormwater management, control, and water 
pollution prevention or abatement related to 
highway construction or due to highway runoff, 
including activities described in sections 328(a) 
and 329. 
‘‘(G) Projects and strategies to reduce ve-
hicle-caused wildlife mortality related to, or to 
restore and maintain connectivity among terres-
trial or aquatic habitats affected by, a transpor-
tation facility otherwise eligible for assistance 
under this subsection. 
‘‘(H) The recreational trails program 
under section 206. 
‘‘(I) The safe routes to school program 
under section 211. 
‘‘(J) Activities in furtherance of a vulner-
able road user assessment described in section 
148. 
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‘‘(K) Any other projects or activities de-
scribed in section 101(a)(29) or section 213, as 
such sections were in effect on the day before 
the date of enactment of the FAST Act (Public 
Law 114–94). 
‘‘(4) ACCESS TO FUNDS.— 
‘‘(A) IN GENERAL.—A State or metropoli-
tan planning organization required to obligate 
funds in accordance with paragraph (2) shall 
develop a competitive process to allow eligible 
entities to submit projects for funding that 
achieve the objectives of this subsection. A met-
ropolitan planning organization for an area de-
scribed in subsection (d)(1)(A)(i) shall select 
projects under such process in consultation with 
the relevant State. 
‘‘(B) ELIGIBLE ENTITY DEFINED.—In this 
paragraph, the term ‘eligible entity’ means— 
‘‘(i) a local government; 
‘‘(ii) a regional transportation author-
ity; 
‘‘(iii) a transit agency; 
‘‘(iv) a natural resource or public land 
agency; 
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‘‘(v) a school district, local education 
agency, or school; 
‘‘(vi) a tribal government; 
‘‘(vii) a metropolitan planning organi-
zation that serves an urbanized area with 
a population of 200,000 or fewer; 
‘‘(viii) a nonprofit organization car-
rying out activities related to transpor-
tation; 
‘‘(ix) any other local or regional gov-
ernmental entity with responsibility for or 
oversight of transportation or recreational 
trails (other than a metropolitan planning 
organization that serves an urbanized area 
with a population of over 200,000 or a 
State agency) that the State determines to 
be eligible, consistent with the goals of this 
subsection; and 
‘‘(x) a State, at the request of any en-
tity listed in clauses (i) through (x). 
‘‘(5) 
CONTINUATION
OF
CERTAIN
REC-
REATIONAL TRAILS PROJECTS.— 
‘‘(A) IN GENERAL.—For each fiscal year, a 
State shall— 
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‘‘(i) obligate an amount of funds set 
aside under this subsection equal to 175 
percent of the amount of the funds appor-
tioned to the State for fiscal year 2009 
under section 104(h)(2), as in effect on the 
day before the date of enactment of MAP– 
21, for projects relating to recreational 
trails under section 206; 
‘‘(ii) return 1 percent of the funds de-
scribed in clause (i) to the Secretary for 
the administration of such program; and 
‘‘(iii) comply with the provisions of 
the administration of the recreational trails 
program under section 206, including the 
use of apportioned funds described in sub-
section (d)(3)(A) of such section. 
‘‘(B) STATE FLEXIBILITY.—A State may 
opt out of the recreational trails program under 
this paragraph if the Governor of the State no-
tifies the Secretary not later than 30 days prior 
to the date on which an apportionment is made 
under section 104 for any fiscal year. 
‘‘(6) IMPROVING
ACCESSIBILITY
AND
EFFI-
CIENCY.— 
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‘‘(A) IN GENERAL.—A State may use an 
amount equal to not more than 5 percent of the 
funds set aside for the State under this sub-
section, after allocating funds in accordance 
with paragraph (2)(A), to improve the ability of 
applicants to access funding for projects under 
this subsection in an efficient and expeditious 
manner by providing— 
‘‘(i) to applicants for projects under 
this subsection application assistance, tech-
nical assistance, and assistance in reducing 
the period of time between the selection of 
the project and the obligation of funds for 
the project; and 
‘‘(ii) funding for 1 or more full-time 
State employee positions to administer this 
subsection. 
‘‘(B) USE
OF
FUNDS.—Amounts used 
under subparagraph (A) may be expended— 
‘‘(i) directly by the State; or 
‘‘(ii) through contracts with State 
agencies, private entities, or nonprofit enti-
ties. 
‘‘(7) FEDERAL SHARE.— 
‘‘(A) FLEXIBLE MATCH.— 
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‘‘(i) IN
GENERAL.—Notwithstanding 
section 120— 
‘‘(I) the non-Federal share for a 
project under this subsection may be 
calculated on a project, multiple- 
project, or program basis; and 
‘‘(II) the Federal share of the 
cost of an individual project in this 
subsection may be up to 100 percent. 
‘‘(ii) 
AGGREGATE
NON-FEDERAL 
SHARE.—The average annual non-Federal 
share of the total cost of all projects for 
which funds are obligated under this sub-
section in a State for a fiscal year shall be 
not less than the non-Federal share au-
thorized for the State under section 
120(b). 
‘‘(iii) REQUIREMENT.—This subpara-
graph shall only apply to a State if such 
State has adequate financial controls, as 
certified by the Secretary, to account for 
the average annual non-Federal share 
under this subparagraph. 
‘‘(B) 
SAFETY
PROJECTS.—Notwith-
standing section 120, funds made available to 
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carry out section 148 may be credited toward 
the non-Federal share of the costs of a project 
under this subsection if the project— 
‘‘(i) is a project described in section 
148(e)(1); and 
‘‘(ii) is consistent with the State stra-
tegic highway safety plan (as defined in 
section 148(a)). 
‘‘(8) FLEXIBILITY.— 
‘‘(A) STATE AUTHORITY.— 
‘‘(i) IN GENERAL.—A State may use 
not more than 50 percent of the funds set 
aside under this subsection that are avail-
able for obligation in any area of the State 
(suballocated consistent with the require-
ments of subsection (d)(1)(B)) for any 
purpose eligible under subsection (b). 
‘‘(ii) RESTRICTION.—Funds may be 
used as described in clause (i) only if the 
State demonstrates to the Secretary that 
the State— 
‘‘(I) held a competition in compli-
ance with the requirements of this 
subsection in such form as the Sec-
retary determines appropriate; 
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‘‘(II) offered technical assistance 
to all eligible entities and provided 
such assistance upon request by an el-
igible entity; and 
‘‘(III) demonstrates that there 
were not sufficient suitable applica-
tions from eligible entities to use the 
funds described in clause (i). 
‘‘(B) MPO AUTHORITY.— 
‘‘(i) IN
GENERAL.—A metropolitan 
planning organization that represents an 
urbanized area with a population of great-
er than 200,000 may use not more than 
50 percent of the funds set aside under 
this subsection for an urbanized area de-
scribed in subsection (d)(1)(A)(i) for any 
purpose eligible under subsection (b). 
‘‘(ii) RESTRICTION.—Funds may be 
used as described in clause (i) only if the 
Secretary certifies that the metropolitan 
planning organization— 
‘‘(I) held a competition in compli-
ance with the requirements of this 
subsection in such form as the Sec-
retary determines appropriate; and 
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185 
‘‘(II) demonstrates that there 
were not sufficient suitable applica-
tions from eligible entities to use the 
funds described in clause (i). 
‘‘(9) ANNUAL REPORTS.— 
‘‘(A) IN GENERAL.—Each State or metro-
politan planning organization responsible for 
carrying out the requirements of this subsection 
shall submit to the Secretary an annual report 
that describes— 
‘‘(i) the number of project applica-
tions received for each fiscal year, includ-
ing— 
‘‘(I) the aggregate cost of the 
projects for which applications are re-
ceived; and 
‘‘(II) the types of projects to be 
carried out, expressed as percentages 
of the total apportionment of the 
State under this subsection; and 
‘‘(ii) the list of each project selected 
for funding for each fiscal year, including 
specifying the fiscal year for which the 
project was selected, the fiscal year in 
which the project is anticipated to be fund-
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186 
ed, the recipient, the location, the type, 
and a brief description. 
‘‘(B) PUBLIC
AVAILABILITY.—The Sec-
retary shall make available to the public, in a 
user-friendly format on the website of the De-
partment of Transportation, a copy of each an-
nual report submitted under subparagraph 
(A).’’. 
SEC. 1207. BRIDGE INVESTMENT. 
(a) IN GENERAL.—Section 144 of title 23, United 
States Code, is amended— 
(1) in the section heading by striking ‘‘Na-
tional bridge and tunnel inventory and 
inspection 
standards’’ 
and 
inserting 
‘‘Bridges and tunnels’’; 
(2) in subsection (a)(1)(B) by striking ‘‘defi-
cient’’; 
(3) in subsection (b)(5) by striking ‘‘struc-
turally deficient bridge’’ and inserting ‘‘bridge classi-
fied as in poor condition’’; 
(4) in subsection (d)— 
(A) in paragraph (2) by striking ‘‘Not 
later than 2 years after the date of enactment 
of the MAP–21, each’’ and inserting ‘‘Each’’; 
and 
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(B) by striking paragraph (4); 
(5) in subsection (j)— 
(A) in paragraph (2) by inserting ‘‘, 124,’’ 
after ‘‘section 119’’; 
(B) in paragraph (3)(A) by inserting ‘‘, 
124,’’ after ‘‘section 119’’; and 
(C) in paragraph (5) by striking ‘‘financial 
characteristics’’ and all that follows through the 
end and inserting ‘‘Federal share.’’; and 
(6) by adding at the end the following: 
‘‘(l) HIGHWAY BRIDGE REPLACEMENT AND REHA-
BILITATION.— 
‘‘(1) GOALS.—The goals of this subsection shall 
be to— 
‘‘(A) support the achievement of a state of 
good repair for the Nation’s bridges; 
‘‘(B) improve the safety, efficiency, and re-
liability of the movement of people and freight 
over bridges; and 
‘‘(C) improve the condition of bridges in 
the United States by reducing— 
‘‘(i) the number of bridges— 
‘‘(I) in poor condition; or 
‘‘(II) in fair condition and at risk 
of falling into poor condition; 
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‘‘(ii) the total person miles traveled 
over bridges— 
‘‘(I) in poor condition; or 
‘‘(II) in fair condition and at risk 
of falling into poor condition; 
‘‘(iii) the number of bridges that— 
‘‘(I) do not meet current geo-
metric design standards; or 
‘‘(II) cannot meet the load and 
traffic requirements typical of the re-
gional transportation network; and 
‘‘(iv) the total person miles traveled 
over bridges that— 
‘‘(I) do not meet current geo-
metric design standards; or 
‘‘(II) cannot meet the load and 
traffic requirements typical of the re-
gional transportation network. 
‘‘(2) BRIDGES ON PUBLIC ROADS.— 
‘‘(A) MINIMUM
BRIDGE
INVESTMENT.— 
Excluding the amounts described in subpara-
graph (C), of the total funds apportioned to a 
State under paragraphs (1) and (2) of section 
104(b) for fiscal years 2022 to 2025, a State 
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shall obligate not less than 20 percent for 
projects described in subparagraph (E). 
‘‘(B) PROGRAM FLEXIBILITY.—A State re-
quired to obligate funds under subparagraph 
(A) may use any combination of funds appor-
tioned to a State under paragraphs (1) and (2) 
of section 104(b). 
‘‘(C) 
LIMITATION.—Amounts 
described 
below may not be used for the purposes of cal-
culating or meeting the minimum bridge invest-
ment requirement under subparagraph (A)— 
‘‘(i) amounts described in section 
133(d)(1)(A); 
‘‘(ii) amounts set aside under section 
133(h); and 
‘‘(iii) amounts described in section 
505(a). 
‘‘(D) RULE OF CONSTRUCTION.—Nothing 
in this section shall be construed to prohibit the 
expenditure of funds described in subparagraph 
(C) for bridge projects eligible under such sec-
tion. 
‘‘(E) ELIGIBLE
PROJECTS.—Funds re-
quired to be obligated in accordance with para-
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graph (2)(A) may be obligated for projects or 
activities that— 
‘‘(i) are otherwise eligible under either 
section 119 or section 133, as applicable; 
‘‘(ii) support the achievement of per-
formance targets of the State established 
under section 150 or provide support for 
the condition and performance of bridges 
on public roads within the State; and 
‘‘(iii) replace, reconstruct, rehabilitate, 
preserve, or protect a bridge included on 
the national bridge inventory authorized by 
subsection (b), including through— 
‘‘(I) seismic retrofits; 
‘‘(II) systematic preventive main-
tenance; 
‘‘(III) installation of scour coun-
termeasures; 
‘‘(IV) the use of innovative mate-
rials that extend the service life of the 
bridge and reduce preservation costs, 
as compared to conventionally de-
signed and constructed bridges; 
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‘‘(V) the use of nontraditional 
production techniques, including fac-
tory prefabrication; 
‘‘(VI) painting for purposes of 
bridge protection; 
‘‘(VII) application of calcium 
magnesium acetate, sodium acetate/ 
formate, or other environmentally ac-
ceptable, minimally corrosive anti- 
icing and deicing compositions; 
‘‘(VIII) corrosion control; 
‘‘(IX) construction of protective 
features (including natural infrastruc-
ture) alone or in combination with 
other activities eligible under this 
paragraph to enhance resilience of a 
bridge; 
‘‘(X) bridge security counter-
measures; 
‘‘(XI) impact protection meas-
ures for bridges; 
‘‘(XII) inspection and evaluation 
of bridges; and 
‘‘(XIII) training for bridge in-
spectors consistent with subsection (i). 
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‘‘(F) BUNDLES
OF
PROJECTS.—A State 
may use a bundle of projects as described in 
subsection (j) to satisfy the requirements of 
subparagraph (A), if each project in the bundle 
is otherwise eligible under subparagraph (E). 
‘‘(G) FLEXIBILITY.—The Secretary may, 
at the request of a State, reduce the required 
obligation under subparagraph (A) if— 
‘‘(i) the reduction is consistent with a 
State’s asset management plan for the Na-
tional Highway System; 
‘‘(ii) the reduction will not limit a 
State’s ability to meet its performance tar-
gets under section 150 or to improve the 
condition and performance of bridges on 
public roads within the State; and 
‘‘(iii) the State demonstrates that it 
has inadequate needs to justify the expend-
iture. 
‘‘(H) BRIDGE INVESTMENT REPORT.—The 
Secretary shall annually publish on the website 
of the Department of Transportation a bridge 
investment report that includes— 
‘‘(i) the total Federal funding obli-
gated for bridge projects in the most re-
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cent fiscal year, on a State-by-State basis 
and broken out by Federal program; 
‘‘(ii) the total Federal funding obli-
gated, on a State-by-State basis and bro-
ken out by Federal program, for bridge 
projects carried out pursuant to the min-
imum 
bridge 
investment 
requirements 
under subparagraph (A); 
‘‘(iii) the progress made by each State 
toward meeting the minimum bridge in-
vestment requirement under subparagraph 
(A) for such State, both cumulatively and 
for the most recent fiscal year; 
‘‘(iv) a summary of— 
‘‘(I) each request made under 
subparagraph (G) by a State for a re-
duction in the minimum bridge invest-
ment requirement under subpara-
graph (A); and 
‘‘(II) for each request described 
in subclause (I) that is granted by the 
Secretary— 
‘‘(aa) the percentage and 
dollar amount of the reduction; 
and 
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‘‘(bb) an explanation of how 
the State met each of the criteria 
described in subparagraph (G); 
and 
‘‘(v) a summary of— 
‘‘(I) each request made by a 
State for a reduction in the obligation 
requirements under section 133(f); 
and 
‘‘(II) for each request that is 
granted by the Secretary— 
‘‘(aa) the percentage and 
dollar amount of the reduction; 
and 
‘‘(bb) an explanation of how 
the Secretary made the deter-
mination 
under 
section 
133(f)(2)(B). 
‘‘(I) OFF-SYSTEM BRIDGES.—A State may 
apply amounts obligated under this subsection 
or section 133(f)(2)(A) to the obligation re-
quirements of both this subsection and section 
133(f). 
‘‘(J) NHS PENALTY.—A State may apply 
amounts obligated under this subsection or sec-
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tion 119(f)(2) to the obligation requirements of 
both this subsection and section 119(f)(2). 
‘‘(K) COMPLIANCE.—If a State fails to 
satisfy the requirements of subparagraph (A) 
by the end of fiscal year 2025, the Secretary 
may subject the State to appropriate program 
sanctions under section 1.36 of title 23, Code of 
Federal Regulations (or successor regula-
tions).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by strik-
ing the item relating to section 144 and inserting the fol-
lowing: 
‘‘144. Bridges and tunnels.’’. 
SEC. 1208. CONSTRUCTION OF FERRY BOATS AND FERRY 
TERMINAL FACILITIES. 
Section 147 of title 23, United States Code, is 
amended— 
(1) by striking subsection (h); and 
(2) by redesignating subsections (i) and (j) as 
subsections (h) and (i), respectively. 
SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 
(a) IN GENERAL.—Section 148 of title 23, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (4)(B)— 
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(i) by striking ‘‘only includes a 
project’’ 
and 
inserting 
‘‘includes 
a 
project’’; 
(ii) in clause (xiii) by inserting ‘‘, in-
cluding the development of a vulnerable 
road user safety assessment or a vision 
zero plan under section 1601 of the IN-
VEST in America Act’’ after ‘‘safety plan-
ning’’; 
(iii) by amending clause (xviii) to read 
as follows: 
‘‘(xviii) Safe routes to school infra-
structure-related projects eligible under 
section 211.’’; 
(iv) in clause (xxvi) by inserting ‘‘or 
leading pedestrian intervals’’ after ‘‘hybrid 
beacons’’; and 
(v) by striking clause (xxviii) and in-
serting the following: 
‘‘(xxviii) A pedestrian security feature 
designed to slow or stop a motor vehicle. 
‘‘(xxix) Installation of infrastructure 
improvements, including sidewalks, cross-
walks, signage, and bus stop shelters or 
protected waiting areas.’’; 
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(B) in paragraph (11)— 
(i) in subparagraph (E) by inserting 
‘‘Tribal,’’ after ‘‘State,’’; 
(ii) by redesignating subparagraphs 
(G), (H), and (I) as subparagraphs (H), 
(I), and (J), respectively; and 
(iii) by inserting after subparagraph 
(F) the following: 
‘‘(G) includes a vulnerable road user safety 
assessment described under paragraph (16);’’; 
(C) by redesignating paragraphs (10), 
(11), and (12) as paragraphs (12), (13), and 
(14), respectively; 
(D) by inserting after paragraph (9) the 
following: 
‘‘(10) SAFE
SYSTEM
APPROACH.—The term 
‘safe system approach’ means a roadway design that 
emphasizes minimizing the risk of injury or fatality 
to road users and that— 
‘‘(A) takes into consideration the possi-
bility and likelihood of human error; 
‘‘(B) accommodates human injury toler-
ance by taking into consideration likely accident 
types, resulting impact forces, and the human 
body’s ability to withstand such forces; and 
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‘‘(C) takes into consideration vulnerable 
road users. 
‘‘(11) SPECIFIED SAFETY PROJECT.— 
‘‘(A) IN
GENERAL.—The term ‘specified 
safety project’ means a project carried out for 
the purpose of safety under any other section of 
this title that is consistent with the State stra-
tegic highway safety plan. 
‘‘(B) INCLUSION.—The term ‘specified 
safety project’ includes a project that— 
‘‘(i) promotes public awareness and 
informs the public regarding highway safe-
ty matters (including safety for motorcy-
clists, bicyclists, pedestrians, individuals 
with disabilities, and other road users); 
‘‘(ii) facilitates enforcement of traffic 
safety laws; 
‘‘(iii) provides infrastructure and in-
frastructure-related equipment to support 
emergency services; 
‘‘(iv) conducts safety-related research 
to evaluate experimental safety counter-
measures or equipment; or 
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‘‘(v) supports safe routes to school 
noninfrastructure-related 
activities 
de-
scribed under section 211(e)(2).’’; and 
(E) by adding at the end the following: 
‘‘(15) VULNERABLE
ROAD
USER.—The term 
‘vulnerable road user’ means a nonmotorist— 
‘‘(A) with a fatality analysis reporting sys-
tem person attribute code that is included in 
the definition of the term ‘number of non-mo-
torized fatalities’ in section 490.205 of title 23, 
Code of Federal Regulations (or successor regu-
lation); or 
‘‘(B) described in the term ‘number of 
non-motorized serious injuries’ in such section. 
‘‘(16) VULNERABLE
ROAD
USER
SAFETY
AS-
SESSMENT.—The term ‘vulnerable road user safety 
assessment’ means an assessment of the safety per-
formance of the State with respect to vulnerable 
road users and the plan of the State to improve the 
safety of vulnerable road users described in sub-
section (l).’’; 
(2) in subsection (c)— 
(A) in paragraph (1) by striking ‘‘(a)(11)’’ 
and inserting ‘‘(a)(13)’’; and 
(B) in paragraph (2)— 
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(i) in subparagraph (A)(vi) by insert-
ing ‘‘, consistent with the vulnerable road 
user 
safety 
assessment’’ 
after 
‘‘non-
motorized crashes’’; 
(ii) in subparagraph (B)(i)— 
(I) by inserting ‘‘, consistent with 
a safe system approach,’’ after ‘‘iden-
tify’’; 
(II) by inserting ‘‘excessive de-
sign speeds and speed limits,’’ after 
‘‘crossing needs,’’; and 
(III) by striking ‘‘motorists (in-
cluding motorcyclists), bicyclists, pe-
destrians, and other highway users’’ 
and inserting ‘‘road users’’; and 
(iii) in subparagraph (D)(iii) by strik-
ing ‘‘motorists (including motorcyclists), 
bicyclists, pedestrians, persons with disabil-
ities, and other highway users’’ and insert-
ing ‘‘road users’’; 
(3) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (A) by striking 
‘‘Not later than 1 year after the date of 
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enactment of the MAP–21, the’’ and in-
serting ‘‘The’’; and 
(ii) in subparagraph (B)— 
(I) in clause (iv) by inserting 
‘‘and serious injury’’ after ‘‘fatality’’; 
(II) in clause (vii) by striking ‘‘; 
and’’ and inserting a semicolon; 
(III) 
by 
redesignating 
clause 
(viii) as clause (ix); and 
(IV) by inserting after clause 
(vii) the following: 
‘‘(viii) the findings of a vulnerable 
road user safety assessment of the State; 
and’’; and 
(B) in paragraph (2)(B)(i) by striking 
‘‘subsection (a)(11)’’ and inserting ‘‘subsection 
(a)(13)’’; 
(4) in subsection (e)— 
(A) in paragraph (1)(C) by striking ‘‘, 
without regard to whether the project is in-
cluded in an applicable State strategic highway 
safety plan’’; and 
(B) by adding at the end the following: 
‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFE-
TY PROJECTS.— 
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‘‘(A) IN GENERAL.—To advance the imple-
mentation of a State strategic highway safety 
plan, a State may use not more than 10 percent 
of the amounts apportioned to the State under 
section 104(b)(3) for a fiscal year to carry out 
specified safety projects. 
‘‘(B) RULE
OF
STATUTORY
CONSTRUC-
TION.—Nothing in this paragraph shall be con-
strued to require a State to revise any State 
process, plan, or program in effect on the date 
of enactment of this paragraph. 
‘‘(C) EFFECT OF PARAGRAPH.— 
‘‘(i) 
REQUIREMENTS.—A 
project 
funded under this paragraph shall be sub-
ject to all requirements under this section 
that apply to a highway safety improve-
ment project. 
‘‘(ii) 
OTHER
APPORTIONED
PRO-
GRAMS.—Subparagraph (A) shall not apply 
to amounts that may be obligated for non-
infrastructure projects apportioned under 
any other paragraph of section 104(b).’’; 
(5) in subsection (g)— 
(A) by amending paragraph (1) to read as 
follows: 
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‘‘(1) HIGH-RISK RURAL ROAD SAFETY.— 
‘‘(A) IN GENERAL.—If a State determines 
that the fatality rate on rural roads in such 
State for the most recent 2-year period for 
which data are available exceeds the median fa-
tality rate for rural roads among all States, 
that State shall be required to— 
‘‘(i) obligate over the 2 fiscal years 
following the fiscal year in which such de-
termination is made for projects on high- 
risk rural roads an amount not less than 
7.5 percent of the amounts apportioned to 
the State under section 104(b)(3) for fiscal 
year 2020; and 
‘‘(ii) include, in the subsequent update 
to the State strategic highway safety plan, 
strategies to reduce the fatality rate. 
‘‘(B) SOURCE OF FUNDS.—Any amounts 
obligated under subparagraph (A) shall be from 
amounts apportioned under section 104(b)(2) 
(from the portion of such funds that are avail-
able for obligation in any area of the State). 
‘‘(C) CONSULTATION.—In carrying out a 
project with an amount obligated under sub-
paragraph (A), a State shall consult with, as 
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applicable, 
local 
governments, 
metropolitan 
planning organizations, and regional transpor-
tation planning organizations.’’; 
(B) in paragraph (2)— 
(i) in the heading by striking ‘‘DRIV-
ERS’’ and inserting ‘‘ROAD USERS’’; and 
(ii) by striking ‘‘address the increases 
in’’ and inserting ‘‘reduce’’; and 
(C) by adding at the end the following: 
‘‘(3) VULNERABLE ROAD USER SAFETY.— 
‘‘(A) IN
GENERAL.—Beginning 2 years 
after the date of enactment of the INVEST in 
America Act, if a State determines that the 
number of vulnerable road user fatalities and 
serious injuries per capita in such State over 
the most recent 2-year period for which data 
are available exceeds the median number of 
such fatalities and serious injuries among all 
States, that State shall be required to obligate 
over the 2 fiscal years following the fiscal year 
in which such determination is made an amount 
that is not less than 50 percent of the amount 
set aside in such State under section 133(h)(1) 
for fiscal year 2020 for projects identified in 
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the program of projects described in subsection 
(l)(2)(C). 
‘‘(B) SOURCE OF FUNDS.—Any amounts 
obligated under subparagraph (A) shall be from 
amounts apportioned under section 104(b)(2) 
(from the portion of such funds that are avail-
able for obligation in any area of the State).’’; 
(6) in subsection (h)(1)(A) by inserting ‘‘, in-
cluding any efforts to reduce vehicle speed’’ after 
‘‘under this section’’; and 
(7) by adding at the end the following: 
‘‘(l) VULNERABLE ROAD USER SAFETY ASSESS-
MENT.— 
‘‘(1) IN
GENERAL.—Not later than 2 years 
after date of enactment of the INVEST in America 
Act, each State shall create a vulnerable road user 
safety assessment. 
‘‘(2) CONTENTS.—A vulnerable road user safety 
assessment required under paragraph (1) shall in-
clude— 
‘‘(A) a description of the location within 
the State of each vulnerable road user fatality 
and serious injury and the design speed of the 
roadway at any such location; 
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‘‘(B) a description of any corridors identi-
fied by a State that pose a high risk of a vul-
nerable road user fatality or serious injury and 
the design speeds of such corridors; and 
‘‘(C) a program of projects or strategies to 
reduce safety risks to vulnerable road users in 
corridors identified under subparagraph (B). 
‘‘(3) ANALYSIS.—In creating a vulnerable road 
user safety assessment under this subsection, a 
State shall assess the last 5 years of available data. 
‘‘(4) REQUIREMENTS.—In creating a vulnerable 
road user safety assessment under this subsection, a 
State shall— 
‘‘(A) take into consideration a safe system 
approach; and 
‘‘(B) consult with local governments, met-
ropolitan planning organizations, and regional 
transportation planning organizations that rep-
resent a high-risk area identified under para-
graph (2)(B). 
‘‘(5) UPDATE.—A State shall update a vulner-
able road user safety assessment on the same sched-
ule as the State updates the State strategic highway 
safety plan. 
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‘‘(6) TRANSPORTATION SYSTEM ACCESS.—The 
program of projects developed under paragraph 
(2)(C) may not degrade transportation system ac-
cess for vulnerable road users.’’. 
(b) TECHNICAL AMENDMENT.—Section 148 of title 
23, United States Code, is amended— 
(1) in the heading for subsection (a)(8) by 
striking ‘‘ROAD
USERS’’ and inserting ‘‘ROAD 
USER’’; and 
(2) in subsection (i)(2)(D) by striking ‘‘safety 
safety’’ and inserting ‘‘safety’’. 
(c) HIGH-RISK RURAL ROADS.— 
(1) STUDY.—Not later than 2 years after the 
date of enactment of this Act, the Secretary of 
Transportation shall update the study described in 
paragraph (1) of section 1112(b) of MAP–21 (23 
U.S.C. 148 note). 
(2) PUBLICATION OF REPORT.—Not later than 
2 years after the date of enactment of this Act, the 
Secretary shall publish on the website of the Depart-
ment of Transportation an updated report of the re-
port described in paragraph (2) of section 1112(b) 
of MAP–21 (23 U.S.C. 148 note). 
(3) BEST PRACTICES MANUAL.—Not later than 
180 days after the date of submission of the report 
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described in paragraph (2), the Secretary shall up-
date the best practices manual described in section 
1112(b)(3) of MAP–21 (23 U.S.C. 148 note). 
SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT PROGRAM. 
Section 149 of title 23, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (1)(A)(ii) by striking 
‘‘subsection (h)’’ and inserting ‘‘subsection (i)’’; 
(B) in paragraph (7) by inserting ‘‘shared 
micromobility (including bikesharing and shared 
scooter systems),’’ after ‘‘carsharing,’’; 
(C) in paragraph (8)(B) by striking ‘‘; or’’ 
and inserting a semicolon; 
(D) in paragraph (9) by striking the period 
and inserting ‘‘; or’’; and 
(E) by adding at the end the following: 
‘‘(10) if the project or program mitigates sea-
sonal or temporary traffic congestion from long-haul 
travel or tourism.’’; 
(2) in subsection (c)— 
(A) in paragraph (2)— 
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(i) in the heading by inserting ‘‘, HY-
DROGEN VEHICLE,’’ after ‘‘ELECTRIC VE-
HICLE’’; 
(ii) by inserting ‘‘hydrogen or’’ after 
‘‘charging stations or’’; and 
(iii) by inserting ‘‘, hydrogen-pow-
ered,’’ after ‘‘battery powered’’; and 
(B) in paragraph (3) by inserting ‘‘, and is 
consistent with section 166’’ after ‘‘travel 
times’’; and 
(3) by striking subsection (m) and inserting the 
following: 
‘‘(m) OPERATING ASSISTANCE.— 
‘‘(1) PROJECTS.—A State may obligate funds 
apportioned under section 104(b)(4) in an area of 
such State that is otherwise eligible for obligations 
of such funds for operating costs under chapter 53 
of title 49 or on a system for which CMAQ funding 
was made available, obligated, or expended in fiscal 
year 2012, or, notwithstanding subsection (b), on a 
State-supported Amtrak route with a cost-sharing 
agreement under section 209 of the Passenger Rail 
Investment and Improvement Act of 2008. 
‘‘(2) 
TIME
LIMITATION.—Funds 
obligated 
under paragraph (1) shall have— 
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‘‘(A) a time limitation of not less than 3 
years; and 
‘‘(B) in the case of projects that dem-
onstrate continued net air quality benefits, as 
determined annually by the Secretary in con-
sultation with the Administrator of the Envi-
ronmental Protection Agency, no imposed time 
limitation.’’. 
SEC. 1211. ELECTRIC VEHICLE CHARGING STATIONS. 
(a) ELECTRIC VEHICLE CHARGING STATIONS.— 
Chapter 1 of title 23, United States Code, is amended by 
inserting after section 154 the following new section: 
‘‘§ 155. Electric vehicle charging stations 
‘‘(a) IN GENERAL.—Any electric vehicle charging in-
frastructure funded under this title shall be subject to the 
requirements of this section. 
‘‘(b) INTEROPERABILITY.— 
‘‘(1) IN
GENERAL.—Electric vehicle charging 
stations shall provide, at a minimum, the following 
charging connector types: 
‘‘(A) CCS. 
‘‘(B) CHAdeMO. 
‘‘(2) SAVINGS CLAUSE.—Nothing in this sub-
section shall prevent the use of charging types other 
than the connectors described in paragraph (1) if, at 
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a minimum, such connectors meet applicable indus-
try standards and are compatible with a majority of 
electric vehicles in operation. 
‘‘(c) OPEN ACCESS TO PAYMENT.—Electric vehicle 
charging stations shall provide payment methods available 
to all members of the public to ensure secure, convenient, 
and equal access and shall not be limited by membership 
to a particular payment provider. 
‘‘(d) TREATMENT OF PROJECTS.—Notwithstanding 
any other provision of law, any project to install electric 
vehicle charging infrastructure shall be treated as if the 
project is located on a Federal-aid highway.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by insert-
ing after the item relating to section 154 the following 
new item: 
‘‘155. Electric vehicle charging stations.’’. 
(c) ELECTRIC VEHICLE CHARGING SIGNAGE.—The 
Secretary of Transportation shall update the Manual on 
Uniform Traffic Control Devices to— 
(1) ensure uniformity in providing road users 
direction to electric charging stations that are open 
to the public; and 
(2) allow the use of Specific Service signs for 
electric vehicle charging station providers. 
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SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM. 
Section 167 of title 23, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (6) by striking ‘‘; and’’ 
and inserting a semicolon; and 
(B) by striking paragraph (7) and insert-
ing the following: 
‘‘(7) to reduce the environmental impacts of 
freight movement on the National Highway Freight 
Network, including— 
‘‘(A) greenhouse gas emissions; 
‘‘(B) local air pollution; 
‘‘(C) minimizing, capturing, or treating 
stormwater runoff and addressing other adverse 
impacts to water quality; and 
‘‘(D) wildlife habitat loss; and 
‘‘(8) to decrease any adverse impact of freight 
transportation on communities located near freight 
facilities or freight corridors.’’; 
(2) in subsection (e) by adding at the end the 
following: 
‘‘(3) ADDITIONAL
MILEAGE.—Notwithstanding 
paragraph (2), a State that has designated at least 
90 percent of its maximum mileage described in 
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paragraph (2) may designate up to an additional 
150 miles of critical rural freight corridors.’’; 
(3) in subsection (f) by adding at the end the 
following: 
‘‘(5) ADDITIONAL
MILEAGE.—Notwithstanding 
paragraph (4), a State that has designated at least 
90 percent of its maximum mileage described in 
paragraph (4) may designate up to an additional 75 
miles of critical urban freight corridors under para-
graphs (1) and (2).’’; 
(4) in subsection (h) by striking ‘‘Not later 
than’’ and all that follows through ‘‘shall prepare’’ 
and inserting ‘‘As part of the report required under 
section 503(b)(8), the Administrator shall biennially 
prepare’’; 
(5) in subsection (i)— 
(A) by striking paragraphs (2) and (3); 
(B) by amending paragraph (4) to read as 
follows: 
‘‘(4) FREIGHT
PLANNING.—Notwithstanding 
any other provision of law, a State may not obligate 
funds apportioned to the State under section 
104(b)(5) unless the State has developed, updated, 
or amended, as applicable, a freight plan in accord-
ance with section 70202 of title 49.’’; 
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(C) in paragraph (5)— 
(i) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) LIMITATION.—The Federal share of 
a project described in subparagraph (C)(xxiii) 
shall fund only elements of such project that 
provide public benefits.’’; and 
(ii) in subparagraph (C)— 
(I) in clause (iii) by inserting 
‘‘and freight management and oper-
ations systems’’ after ‘‘freight trans-
portation systems’’; and 
(II) by amending clause (xxiii) to 
read as follows: 
‘‘(xxiii) Freight intermodal or freight 
rail projects, including— 
‘‘(I) projects within the bound-
aries of public or private freight rail 
or water facilities (including ports); 
‘‘(II) projects that provide sur-
face transportation infrastructure nec-
essary to facilitate direct intermodal 
interchange, transfer, and access into 
or out of the facility; and 
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215 
‘‘(III) any other surface trans-
portation project to improve the flow 
of freight into or out of a facility de-
scribed in subclause (I) or (II).’’; 
(D) in paragraph (6) by striking ‘‘para-
graph (5)’’ and inserting ‘‘paragraph (3)’’; and 
(E) by redesignating paragraphs (4), (5), 
(6), and (7) as paragraphs (2), (3), (4), and 
(5), respectively; and 
(6) in subsection (k)(1)(A)(ii) by striking 
‘‘ports-of entry’’ and inserting ‘‘ports-of-entry’’. 
SEC. 1213. CARBON POLLUTION REDUCTION. 
(a) IN GENERAL.—Chapter 1 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 171. Carbon pollution reduction 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a carbon pollution reduction program to support the 
reduction of greenhouse gas emissions from the surface 
transportation system. 
‘‘(b) ELIGIBLE PROJECTS.—A project is eligible for 
funding under this section if such project— 
‘‘(1) is expected to yield a significant reduction 
in greenhouse gas emissions from the surface trans-
portation system; 
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‘‘(2) will help a State meet the greenhouse gas 
emissions performance targets established under sec-
tion 150(c)(7); and 
‘‘(3) is eligible for assistance under this title or 
under chapter 53 of title 49; or 
‘‘(4) is a capital project, as such term is defined 
in section 22906 of title 49, to improve intercity rail 
passenger transportation, provided that the project 
will yield a significant reduction in single occupant 
vehicle trips and improve mobility on public roads. 
‘‘(c) GUIDANCE.—The Secretary shall issue guidance 
on methods of determining the reduction of single occu-
pant vehicle trips and improvement of mobility on public 
roads as those factors relate to intercity rail passenger 
transportation projects under subsection (b)(4). 
‘‘(d) OPERATING EXPENSES.—With respect to funds 
provided for an eligible project under this section, a State 
may use not more than 10 percent of such funds for oper-
ating expenses relating to such project if such project is 
for public transportation, passenger rail, or transportation 
systems management and operations. 
‘‘(e) SINGLE-OCCUPANCY VEHICLE HIGHWAY FA-
CILITIES.—None of the funds provided under this section 
may be used for a project that will result in the construc-
tion of new capacity available to single occupant vehicles 
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217 
unless the project consists of a high occupancy vehicle fa-
cility and is consistent with section 166. 
‘‘(f) EVALUATION.— 
‘‘(1) IN GENERAL.—The Secretary shall annu-
ally evaluate the progress of each State in carrying 
out the program under this section by comparing the 
percent change in carbon dioxide emissions per cap-
ita on public roads in the State calculated as— 
‘‘(A) the annual carbon dioxide emissions 
per capita on public roads in the State for the 
most recent year for which there is data; di-
vided by 
‘‘(B) the average annual carbon dioxide 
emissions per capita on public roads in the 
State in calendar years 2015 through 2019. 
‘‘(2) MEASURES.—In conducting the evaluation 
under paragraph (1), the Secretary shall— 
‘‘(A) prior to the effective date of the 
greenhouse gas performance measures under 
section 150(c)(7), use such data as are avail-
able, which may include data on motor fuels 
usage published by the Federal Highway Ad-
ministration and information on emissions fac-
tors or coefficients published by the Energy In-
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218 
formation Administration of the Department of 
Energy; and 
‘‘(B) following the effective date of the 
greenhouse gas performance measures under 
section 150(c)(7), use such measures. 
‘‘(g) PROGRESS REPORT.—The Secretary shall annu-
ally issue a carbon pollution reduction progress report, to 
be made publicly available on the website of the Depart-
ment of Transportation, that includes— 
‘‘(1) the results of the evaluation under sub-
section (f) for each State; and 
‘‘(2) a ranking of all the States by the criteria 
under subsection (f), with the States that, for the 
year covered by such report, have the largest per-
centage reduction in annual carbon dioxide emissions 
per capita on public roads being ranked the highest. 
‘‘(h) HIGH-PERFORMING STATES.— 
‘‘(1) DESIGNATION.—For purposes of this sec-
tion, each State that is 1 of the 15 highest ranked 
States, as determined under subsection (g)(2), and 
that achieves a reduction in carbon dioxide emissions 
per capita on public roads, as determined by the 
evaluation in subsection (f), shall be designated as a 
high-performing State for the following fiscal year. 
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‘‘(2) USE OF FUNDS.—For each State that is 
designated as a high-performing State under para-
graph (1)— 
‘‘(A) notwithstanding section 120, the 
State may use funds made available under this 
title to pay the non-Federal share of a project 
under this section during any year for which 
such State is designated as a high-performing 
State; and 
‘‘(B) notwithstanding section 126, the 
State may transfer up to 50 percent of funds 
apportioned under section 104(b)(9) to the pro-
gram under section 104(b)(2) in any year for 
which such State is designated as a high-per-
forming State. 
‘‘(3) TRANSFER.—For each State that is 1 of 
the 15 lowest ranked States, as determined under 
subsection (g)(2), the Secretary shall transfer 10 
percent of the amount apportioned to the State 
under section 104(b)(2) in the fiscal year following 
the year in which the State is so ranked, not includ-
ing amounts set aside under section 133(d)(1)(A) 
and under section 133(h) or 505(a), to the appor-
tionment of the State under section 104(b)(9). 
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‘‘(4) LIMITATION.—The Secretary shall not 
conduct a transfer under paragraph (3)— 
‘‘(A) until the first fiscal year following the 
effective date of greenhouse gas performance 
measures under section 150(c)(7); and 
‘‘(B) with respect to a State in any fiscal 
year following the year in which such State 
achieves a reduction in carbon dioxide emissions 
per capita on public roads in such year as de-
termined by the evaluation under subsection (f). 
‘‘(i) REPORT.—Not later than 2 years after the date 
of enactment of this section and periodically thereafter, 
the Secretary, in consultation with the Administrator of 
the Environmental Protection Agency, shall issue a re-
port— 
‘‘(1) detailing, based on the best available 
science, what types of projects eligible for assistance 
under this section are expected to provide the most 
significant greenhouse gas emissions reductions from 
the surface transportation sector; and 
‘‘(2) detailing, based on the best available 
science, what types of projects eligible for assistance 
under this section are not expected to provide sig-
nificant greenhouse gas emissions reductions from 
the surface transportation sector.’’. 
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(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by add-
ing at the end the following new item: 
‘‘171. Carbon pollution reduction.’’. 
SEC. 1214. RECREATIONAL TRAILS. 
Section 206 of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(j) USE OF OTHER APPORTIONED FUNDS.—Funds 
apportioned to a State under section 104(b) that are obli-
gated for recreational trails and related projects shall be 
administered as if such funds were made available for pur-
poses described under this section.’’. 
SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM. 
(a) IN GENERAL.—Chapter 2 of title 23, United 
States Code, is amended by inserting after section 210 the 
following: 
‘‘§ 211. Safe routes to school program 
‘‘(a) PROGRAM.—The Secretary shall carry out a safe 
routes to school program for the benefit of children in pri-
mary, middle, and high schools. 
‘‘(b) PURPOSES.—The purposes of the program shall 
be— 
‘‘(1) to enable and encourage children, includ-
ing those with disabilities, to walk and bicycle to 
school; 
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‘‘(2) to make bicycling and walking to school a 
safer and more appealing transportation alternative, 
thereby encouraging a healthy and active lifestyle 
from an early age; and 
‘‘(3) to facilitate the planning, development, 
and implementation of projects and activities that 
will improve safety and reduce traffic, fuel consump-
tion, and air pollution in the vicinity of schools. 
‘‘(c) USE OF FUNDS.—Amounts apportioned to a 
State under paragraphs (2) and (3) of section 104(b) may 
be used to carry out projects, programs, and other activi-
ties under this section. 
‘‘(d) ELIGIBLE ENTITIES.—Projects, programs, and 
activities funded under this section may be carried out by 
eligible entities described under section 133(h)(4)(B) that 
demonstrate an ability to meet the requirements of this 
section. 
‘‘(e) ELIGIBLE PROJECTS AND ACTIVITIES.— 
‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.— 
‘‘(A) IN GENERAL.—A State may obligate 
funds under this section for the planning, de-
sign, and construction of infrastructure-related 
projects that will substantially improve the abil-
ity of students to walk and bicycle to school, in-
cluding sidewalk improvements, traffic calming 
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and speed reduction improvements, pedestrian 
and bicycle crossing improvements, on-street bi-
cycle facilities, off-street bicycle and pedestrian 
facilities, secure bicycle parking facilities, and 
traffic diversion improvements in the vicinity of 
schools. 
‘‘(B) LOCATION
OF
PROJECTS.—Infra-
structure-related projects under subparagraph 
(A) may be carried out on any public road or 
any bicycle or pedestrian pathway or trail in the 
vicinity of schools. 
‘‘(2) NONINFRASTRUCTURE-RELATED
ACTIVI-
TIES.—In addition to projects described in para-
graph (1), a State may obligate funds under this 
section for noninfrastructure-related activities to en-
courage walking and bicycling to school, including— 
‘‘(A) public awareness campaigns and out-
reach to press and community leaders; 
‘‘(B) traffic education and enforcement in 
the vicinity of schools; 
‘‘(C) student sessions on bicycle and pedes-
trian safety, health, and environment; 
‘‘(D) programs that address personal safe-
ty; and 
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‘‘(E) funding for training, volunteers, and 
managers of safe routes to school programs. 
‘‘(3) SAFE
ROUTES
TO
SCHOOL
COORDI-
NATOR.—Each State receiving an apportionment 
under paragraphs (2) and (3) of section 104(b) shall 
use a sufficient amount of the apportionment to 
fund a full-time position of coordinator of the 
State’s safe routes to school program. 
‘‘(f) FEDERAL SHARE.—The Federal share of the 
cost of a project, program, or activity under this section 
shall be 100 percent. 
‘‘(g) CLEARINGHOUSE.— 
‘‘(1) IN GENERAL.—The Secretary shall main-
tain a national safe routes to school clearinghouse 
to— 
‘‘(A) develop information and educational 
programs on safe routes to school; and 
‘‘(B) provide technical assistance and dis-
seminate techniques and strategies used for 
successful safe routes to school programs. 
‘‘(2) FUNDING.—The Secretary shall carry out 
this subsection using amounts authorized to be ap-
propriated for administrative expenses under section 
104(a). 
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‘‘(h) TREATMENT OF PROJECTS.—Notwithstanding 
any other provision of law, projects carried out under this 
section shall be treated as projects on a Federal-aid high-
way under chapter 1 of this title. 
‘‘(i) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) IN THE VICINITY OF SCHOOLS.—The term 
‘in the vicinity of schools’ means, with respect to a 
school, the area within bicycling and walking dis-
tance of the school (approximately 2 miles). 
‘‘(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.— 
The term ‘primary, middle, and high schools’ means 
schools providing education from kindergarten 
through twelfth grade.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) REPEAL.—Section 1404 of SAFETEA–LU 
(Public Law 109–59; 119 Stat. 1228–1230), and 
the item relating to such section in the table of con-
tents in section 1(b) of such Act, are repealed. 
(2) ANALYSIS.—The analysis for chapter 2 of 
title 23, United States Code, is amended by insert-
ing after the item relating to section 210 the fol-
lowing: 
‘‘211. Safe routes to school program.’’. 
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SEC. 1216. BICYCLE TRANSPORTATION AND PEDESTRIAN 
WALKWAYS. 
Section 217 of title 23, United States Code, is 
amended— 
(1) in subsection (d)— 
(A) by striking ‘‘104(b)(3)’’ and inserting 
‘‘104(b)(4)’’; and 
(B) by striking ‘‘a position’’ and inserting 
‘‘one or more positions’’; 
(2) in subsection (e) by striking ‘‘bicycles’’ and 
inserting ‘‘pedestrians and bicyclists’’ each place 
such term appears; and 
(3) in subsection (j) by striking paragraph (2) 
and inserting the following: 
‘‘(2) ELECTRIC
BICYCLE.—The term ‘electric 
bicycle’ means any bicycle, tricycle, or other motor-
ized conveyance— 
‘‘(A) weighing under 100 pounds; 
‘‘(B) with a low-powered electric motor; 
‘‘(C) with a top motor-powered speed not 
in excess of 20 miles per hour; and 
‘‘(D) that can safely share a bicycle trans-
portation facility with other users of such facil-
ity.’’. 
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Subtitle C—Project-Level 
Investments 
SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIG-
NIFICANCE. 
(a) IN GENERAL.—Section 117 of title 23, United 
States Code, is amended to read as follows: 
‘‘§ 117. Projects of national and regional significance 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a projects of national and regional significance pro-
gram under which the Secretary may make grants to, and 
establish multiyear grant agreements with, eligible entities 
in accordance with this section. 
‘‘(b) APPLICATIONS.—To be eligible for a grant 
under this section, an eligible entity shall submit to the 
Secretary an application in such form, in such manner, 
and containing such information as the Secretary may re-
quire. 
‘‘(c) GRANT AMOUNTS AND PROJECT COSTS.— 
‘‘(1) IN
GENERAL.—Each grant made under 
this section— 
‘‘(A) shall be in an amount that is at least 
$25,000,000; and 
‘‘(B) shall be for a project that has eligible 
project costs that are reasonably anticipated to 
equal or exceed the lesser of— 
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‘‘(i) $100,000,000; or 
‘‘(ii) in the case of a project— 
‘‘(I) located in 1 State, 30 per-
cent of the amount apportioned under 
this chapter to the State in the most 
recently completed fiscal year; or 
‘‘(II) located in more than 1 
State, 50 percent of the amount ap-
portioned under this chapter to the 
participating State with the largest 
apportionment under this chapter in 
the most recently completed fiscal 
year. 
‘‘(2) LARGE PROJECTS.—For a project that has 
eligible project costs that are reasonably anticipated 
to equal or exceed $500,000,000, a grant made 
under this section— 
‘‘(A) shall be in an amount sufficient to 
fully fund the project, or in the case of a public 
transportation project, a minimum operable 
segment, in combination with other funding 
sources, including non-Federal financial com-
mitment, identified in the application; and 
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‘‘(B) may be awarded pursuant to the 
process under subsection (d), as necessary 
based on the amount of the grant. 
‘‘(d) MULTIYEAR GRANT AGREEMENTS FOR LARGE 
PROJECTS.— 
‘‘(1) IN
GENERAL.—A large project that re-
ceives a grant under this section may be carried out 
through a multiyear grant agreement in accordance 
with this subsection. 
‘‘(2) 
REQUIREMENTS.—A 
multiyear 
grant 
agreement for a large project shall— 
‘‘(A) establish the terms of participation by 
the Federal Government in the project; 
‘‘(B) establish the amount of Federal fi-
nancial assistance for the project; 
‘‘(C) establish a schedule of anticipated 
Federal obligations for the project that provides 
for obligation of the full grant amount by not 
later than 4 fiscal years after the fiscal year in 
which the initial amount is provided; and 
‘‘(D) determine the period of time for com-
pleting the project, even if such period extends 
beyond the period of an authorization. 
‘‘(3) SPECIAL RULES.— 
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‘‘(A) IN
GENERAL.—A multiyear grant 
agreement under this subsection— 
‘‘(i) shall obligate an amount of avail-
able budget authority specified in law; and 
‘‘(ii) may include a commitment, con-
tingent on amounts to be specified in law 
in advance for commitments under this 
paragraph, 
to 
obligate 
an 
additional 
amount from future available budget au-
thority specified in law. 
‘‘(B) CONTINGENT COMMITMENT.—A con-
tingent commitment under this subsection is 
not an obligation of the Federal Government 
under section 1501 of title 31. 
‘‘(C) INTEREST
AND
OTHER
FINANCING 
COSTS.— 
‘‘(i) IN GENERAL.—Interest and other 
financing costs of carrying out a part of 
the project within a reasonable time shall 
be considered a cost of carrying out the 
project under a multiyear grant agreement, 
except that eligible costs may not be more 
than the cost of the most favorable financ-
ing terms reasonably available for the 
project at the time of borrowing. 
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‘‘(ii) CERTIFICATION.—The applicant 
shall certify to the Secretary that the ap-
plicant has shown reasonable diligence in 
seeking the most favorable financing 
terms. 
‘‘(4) ADVANCE
PAYMENT.—An eligible entity 
carrying out a large project under a multiyear grant 
agreement— 
‘‘(A) may use funds made available to the 
eligible entity under this title or title 49 for eli-
gible project costs of the large project; and 
‘‘(B) shall be reimbursed, at the option of 
the eligible entity, for such expenditures from 
the amount made available under the multiyear 
grant agreement for the project in that fiscal 
year or a subsequent fiscal year. 
‘‘(e) ELIGIBLE PROJECTS.— 
‘‘(1) IN GENERAL.—The Secretary may make a 
grant under this section only for a project that is a 
project eligible for assistance under this title or 
chapter 53 of title 49 and is— 
‘‘(A) a bridge project carried out on the 
National Highway System; 
‘‘(B) a project to improve person through-
put that is— 
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‘‘(i) a highway project carried out on 
the National Highway System; 
‘‘(ii) a public transportation project; 
or 
‘‘(iii) a capital project, as such term is 
defined in section 22906 of title 49, to im-
prove intercity rail passenger transpor-
tation; or 
‘‘(C) a project to improve freight through-
put that is— 
‘‘(i) a highway freight project carried 
out on the National Highway Freight Net-
work established under section 167 or on 
the National Highway System; 
‘‘(ii) a freight intermodal, freight rail, 
or railway-highway grade crossing or grade 
separation project; or 
‘‘(iii) within the boundaries of a public 
or private freight rail, water (including 
ports), or intermodal facility and that is a 
surface 
transportation 
infrastructure 
project necessary to facilitate direct inter-
modal interchange, transfer, or access into 
or out of the facility. 
‘‘(2) LIMITATION.— 
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‘‘(A) 
CERTAIN
FREIGHT
PROJECTS.— 
Projects described in clauses (ii) and (iii) of 
paragraph (1)(C) may receive a grant under 
this section only if— 
‘‘(i) the project will make a significant 
improvement to the movement of freight 
on the National Highway System; and 
‘‘(ii) the Federal share of the project 
funds only elements of the project that 
provide public benefits. 
‘‘(B) CERTAIN
PROJECTS
FOR
PERSON 
THROUGHPUT.—Projects described in clauses 
(ii) and (iii) of paragraph (1)(B) may receive a 
grant under this section only if the project will 
make a significant improvement in mobility on 
public roads. 
‘‘(f) ELIGIBLE PROJECT COSTS.—An eligible entity 
receiving a grant under this section may use such grant 
for— 
‘‘(1) development phase activities, including 
planning, feasibility analysis, revenue forecasting, 
environmental review, preliminary engineering and 
design work, and other preconstruction activities; 
and 
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‘‘(2) construction, reconstruction, rehabilitation, 
acquisition of real property (including land related 
to the project and improvements to the land), envi-
ronmental mitigation, construction contingencies, ac-
quisition of equipment, and operational improve-
ments directly related to improving system perform-
ance. 
‘‘(g) PROJECT REQUIREMENTS.—The Secretary may 
select a project described under this section for funding 
under this section only if the Secretary determines that 
the project— 
‘‘(1) generates significant regional or national 
economic, mobility, safety, resilience, or environ-
mental benefits; 
‘‘(2) is cost effective; 
‘‘(3) is based on the results of preliminary engi-
neering; 
‘‘(4) has secured or will secure acceptable levels 
of non-Federal financial commitments, including— 
‘‘(A) 1 or more stable and dependable 
sources of funding and financing to construct, 
maintain, and operate the project; and 
‘‘(B) contingency amounts to cover unan-
ticipated cost increases; 
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‘‘(5) cannot be easily and efficiently completed 
without additional Federal funding or financial as-
sistance available to the project sponsor, beyond ex-
isting Federal apportionments; and 
‘‘(6) is reasonably expected to begin construc-
tion not later than 18 months after the date of obli-
gation of funds for the project. 
‘‘(h) MERIT CRITERIA AND CONSIDERATIONS.— 
‘‘(1) MERIT CRITERIA.—In awarding a grant 
under this section, the Secretary shall evaluate the 
following merit criteria: 
‘‘(A) The extent to which the project sup-
ports achieving a state of good repair. 
‘‘(B) The level of benefits the project is ex-
pected to generate, including— 
‘‘(i) the costs avoided by the preven-
tion of closure or reduced use of the asset 
to be improved by the project; 
‘‘(ii) reductions in maintenance costs 
over the life of the asset; 
‘‘(iii) safety benefits, including the re-
duction of accidents and related costs; 
‘‘(iv) improved person or freight 
throughput, including congestion reduction 
and reliability improvements; 
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‘‘(v) national and regional economic 
benefits; 
‘‘(vi) resilience benefits; 
‘‘(vii) environmental benefits, includ-
ing reduction in greenhouse gas emissions 
and air quality benefits; and 
‘‘(viii) benefits to all users of the 
project, including pedestrian, bicycle, non-
vehicular, railroad, and public transpor-
tation users. 
‘‘(C) How the benefits compare to the 
costs of the project. 
‘‘(D) The average number of people or vol-
ume of freight, as applicable, supported by the 
project. 
‘‘(2) 
ADDITIONAL
CONSIDERATIONS.—In 
awarding a grant under this section, the Secretary 
shall also consider the following: 
‘‘(A) Whether the project serves an area of 
persistent poverty. 
‘‘(B) Whether the project uses innovative 
technologies, innovative design and construction 
techniques, or pavement materials that dem-
onstrate reductions in greenhouse gas emissions 
through sequestration or innovative manufac-
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turing processes and, if so, the degree to which 
such technologies, techniques, or materials are 
used. 
‘‘(C) 
Whether 
the 
project 
improves 
connectivity between modes of transportation 
moving people or goods in the Nation or region. 
‘‘(D) Whether the project provides new or 
improved connections between at least 2 metro-
politan areas with a population of at least 
500,000. 
‘‘(i) PROJECT SELECTION.— 
‘‘(1) EVALUATION.—To evaluate applications 
for funding under this section, the Secretary shall— 
‘‘(A) determine whether a project is eligible 
for a grant under this section; 
‘‘(B) evaluate, through a methodology that 
is discernible and transparent to the public, 
how each application addresses the merit cri-
teria pursuant to subsection (h); 
‘‘(C) assign a quality rating for each merit 
criteria for each application based on the eval-
uation in subparagraph (B); 
‘‘(D) ensure that applications receive final 
consideration by the Secretary to receive an 
award under this section only on the basis of 
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such quality ratings and that the Secretary 
gives final consideration only to applications 
that meet the minimally acceptable level for 
each of the merit criteria; and 
‘‘(E) award grants only to projects rated 
highly under the evaluation and rating process. 
‘‘(2) 
CONSIDERATIONS
FOR
LARGE 
PROJECTS.—In awarding a grant for a large project, 
the Secretary shall— 
‘‘(A) consider the amount of funds avail-
able in future fiscal years for the program 
under this section; and 
‘‘(B) assume the availability of funds in fu-
ture fiscal years for the program that extend 
beyond the period of authorization based on the 
amount made available for the program in the 
last fiscal year of the period of authorization. 
‘‘(3) GEOGRAPHIC DISTRIBUTION.—In awarding 
grants under this section, the Secretary shall ensure 
geographic diversity and a balance between rural 
and urban communities among grant recipients over 
fiscal years 2022 through 2025. 
‘‘(4) PUBLICATION OF METHODOLOGY.— 
‘‘(A) IN GENERAL.—Prior to the issuance 
of any notice of funding opportunity for grants 
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under this section, the Secretary shall publish 
and make publicly available on the Depart-
ment’s website— 
‘‘(i) a detailed explanation of the 
merit criteria developed under subsection 
(h); 
‘‘(ii) a description of the evaluation 
process under this subsection; and 
‘‘(iii) how the Secretary shall deter-
mine whether a project satisfies each of 
the requirements under subsection (g). 
‘‘(B) UPDATES.—The Secretary shall up-
date and make publicly available on the website 
of the Department of Transportation such in-
formation at any time a revision to the informa-
tion described in subparagraph (A) is made. 
‘‘(C) INFORMATION REQUIRED.—The Sec-
retary shall include in the published notice of 
funding opportunity for a grant under this sec-
tion detailed information on the rating method-
ology and merit criteria to be used to evaluate 
applications, or a reference to the information 
on the website of the Department of Transpor-
tation, as required by subparagraph (A). 
‘‘(j) FEDERAL SHARE.— 
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‘‘(1) IN GENERAL.—The Federal share of the 
cost of a project carried out with a grant under this 
section may not exceed 60 percent. 
‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—Fed-
eral assistance other than a grant under this section 
may be used to satisfy the non-Federal share of the 
cost of a project for which such a grant is made, ex-
cept that the total Federal assistance provided for a 
project receiving a grant under this section may not 
exceed 80 percent of the total project cost. 
‘‘(k) TREATMENT OF PROJECTS.— 
‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 
shall, with respect to a project funded by a grant 
under this section, apply— 
‘‘(A) the requirements of this title to a 
highway project; 
‘‘(B) the requirements of chapter 53 of 
title 49 to a public transportation project; and 
‘‘(C) the requirements of section 22905 of 
title 49 to a passenger rail or freight rail 
project. 
‘‘(2) MULTIMODAL PROJECTS.— 
‘‘(A) IN GENERAL.—Except as otherwise 
provided in this paragraph, if an eligible project 
is a multimodal project, the Secretary shall— 
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‘‘(i) determine the predominant modal 
component of the project; and 
‘‘(ii) apply the applicable requirements 
of such predominant modal component to 
the project. 
‘‘(B) EXCEPTIONS.— 
‘‘(i) PASSENGER
OR
FREIGHT
RAIL 
COMPONENT.—For 
any 
passenger 
or 
freight rail component of a project, the re-
quirements of section 22907(j)(2) of title 
49 shall apply. 
‘‘(ii) PUBLIC TRANSPORTATION COM-
PONENT.—For any public transportation 
component of a project, the requirements 
of section 5333 of title 49 shall apply. 
‘‘(C) BUY AMERICA.—In applying the Buy 
American requirements under section 313 of 
this title and sections 5320, 22905(a), and 
24305(f) of title 49 to a multimodal project 
under this paragraph, the Secretary shall— 
‘‘(i) consider the various modal com-
ponents of the project; and 
‘‘(ii) seek to maximize domestic jobs. 
‘‘(3) 
FEDERAL-AID
HIGHWAY
REQUIRE-
MENTS.—Notwithstanding any other provision of 
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this subsection, the Secretary shall require recipients 
of grants under this section to comply with sub-
section (a) of section 113 with respect to public 
transportation projects, passenger rail projects, and 
freight rail projects, in the same manner that recipi-
ents of grants are required to comply with such sub-
section for construction work performed on highway 
projects on Federal-aid highways. 
‘‘(l) TIFIA PROGRAM.—At the request of an eligible 
entity under this section, the Secretary may use amounts 
awarded to the entity to pay subsidy and administrative 
costs necessary to provide the entity Federal credit assist-
ance under chapter 6 with respect to the project for which 
the grant was awarded. 
‘‘(m) ADMINISTRATION.—Of the amounts made 
available to carry out this section, the Secretary may use 
up to $5,000,000 for the costs of administering the pro-
gram under this section. 
‘‘(n) TECHNICAL
ASSISTANCE.—Of the amounts 
made available to carry out this section, the Secretary may 
reserve up to $5,000,000,000 to provide technical assist-
ance to eligible entities. 
‘‘(o) CONGRESSIONAL REVIEW.— 
‘‘(1) NOTIFICATION.—Not less than 60 days be-
fore making an award under this section, the Sec-
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retary 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, the Committee on Banking, Housing, and 
Urban Affairs, and the Committee on Commerce, 
Science, and Transportation of the Senate— 
‘‘(A) a list of all applications determined to 
be eligible for a grant by the Secretary; 
‘‘(B) the quality ratings assigned to each 
application pursuant to subsection (i); 
‘‘(C) a list of applications that received 
final consideration by the Secretary to receive 
an award under this section; 
‘‘(D) each application proposed to be se-
lected for a grant award; 
‘‘(E) proposed grant amounts, including 
for each new multiyear grant agreement, the 
proposed payout schedule for the project; and 
‘‘(F) an analysis of the impacts of any 
large projects proposed to be selected on exist-
ing commitments and anticipated funding levels 
for the next 4 fiscal years, based on information 
available to the Secretary at the time of the re-
port. 
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‘‘(2) COMMITTEE REVIEW.—Before the last day 
of the 60-day period described in paragraph (1), 
each Committee described in paragraph (1) shall re-
view the Secretary’s list of proposed projects. 
‘‘(3) CONGRESSIONAL DISAPPROVAL.—The Sec-
retary may not make a grant or any other obligation 
or commitment to fund a project under this section 
if a joint resolution is enacted disapproving funding 
for the project before the last day of the 60-day pe-
riod described in paragraph (1). 
‘‘(p) TRANSPARENCY.— 
‘‘(1) IN
GENERAL.—Not later than 30 days 
after awarding a grant for a project under this sec-
tion, the Secretary shall send to all applicants, and 
publish on the website of the Department of Trans-
portation— 
‘‘(A) a summary of each application made 
to the program for the grant application period; 
and 
‘‘(B) the evaluation and justification for 
the project selection, including ratings assigned 
to all applications and a list of applications that 
received final consideration by the Secretary to 
receive an award under this section, for the 
grant application period. 
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‘‘(2) BRIEFING.—The Secretary shall provide, 
at the request of a grant applicant under this sec-
tion, the opportunity to receive a briefing to explain 
any reasons the grant applicant was not awarded a 
grant. 
‘‘(q) DEFINITIONS.—In this section: 
‘‘(1) AREAS
OF
PERSISTENT
POVERTY.—The 
term ‘areas of persistent poverty’ has the meaning 
given such term in section 172(l). 
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) a State or a group of States; 
‘‘(B) a unit of local government, including 
a metropolitan planning organization, or a 
group of local governments; 
‘‘(C) a political subdivision of a State or 
local government; 
‘‘(D) a special purpose district or public 
authority with a transportation function, includ-
ing a port authority; 
‘‘(E) a tribal government or a consortium 
of tribal governments; 
‘‘(F) a Federal agency eligible to receive 
funds under section 201, 203, or 204 that ap-
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246 
plies jointly with a State or group of States; 
and 
‘‘(G) a multistate or multijurisdictional 
group of entities described in this paragraph.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by strik-
ing the item relating to section 117 and inserting the fol-
lowing: 
‘‘117. Projects of national and regional significance.’’. 
SEC. 1302. COMMUNITY TRANSPORTATION INVESTMENT 
GRANT PROGRAM. 
(a) IN GENERAL.—Chapter 1 of title 23, United 
States Code, as amended by this title, is further amended 
by adding at the end the following: 
‘‘§ 173. Community transportation investment grant 
program 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a community transportation investment grant pro-
gram to improve surface transportation safety, state of 
good repair, accessibility, and environmental quality 
through infrastructure investments. 
‘‘(b) GRANT AUTHORITY.— 
‘‘(1) IN GENERAL.—In carrying out the pro-
gram established under subsection (a), the Secretary 
shall make grants, on a competitive basis, to eligible 
entities in accordance with this section. 
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‘‘(2) GRANT AMOUNT.—The maximum amount 
of a grant under this section shall be $25,000,000. 
‘‘(c) APPLICATIONS.—To be eligible for a grant under 
this section, an eligible entity shall submit to the Secretary 
an application in such form, at such time, and containing 
such information as the Secretary may require. 
‘‘(d) ELIGIBLE PROJECT COSTS.—Grant amounts for 
an eligible project carried out under this section may be 
used for— 
‘‘(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, rehabilitation, 
acquisition of real property (including land related 
to the project and improvements to such land), envi-
ronmental mitigation, construction contingencies, ac-
quisition of equipment, and operational improve-
ments. 
‘‘(e) RURAL AREAS.— 
‘‘(1) IN GENERAL.—The Secretary shall reserve 
not less than 25 percent of the amounts made avail-
able to carry out this section for projects located in 
rural areas. 
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‘‘(2) DEFINITION
OF
RURAL
AREA.—In this 
subsection, the term ‘rural area’ means all areas of 
a State not included in urbanized areas. 
‘‘(3) EXCESS FUNDING.—If the Secretary de-
termines that there are insufficient qualified appli-
cants to use the funds set aside under this sub-
section, the Secretary may use such funds for grants 
for any projects eligible under this section. 
‘‘(f) EVALUATION.—To evaluate applications under 
this section, the Secretary shall— 
‘‘(1) develop a process to objectively evaluate 
applications on the benefits of the project proposed 
in such application— 
‘‘(A) to transportation safety, including re-
ductions in traffic fatalities and serious injuries; 
‘‘(B) to state of good repair, including im-
proved condition of bridges and pavements; 
‘‘(C) to transportation system access, in-
cluding improved access to jobs and services; 
and 
‘‘(D) in reducing greenhouse gas emis-
sions; 
‘‘(2) develop a rating system to assign a nu-
meric value to each application, based on each of the 
criteria described in paragraph (1); 
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‘‘(3) compare the total benefits of each applica-
tion submitted, as determined by the rating system 
developed under paragraph (2), with the costs of 
such application, and rank each application based on 
the results of the comparison; and 
‘‘(4) ensure that only such applications that are 
ranked highly based on the results of the comparison 
conducted under paragraph (3) are considered to re-
ceive a grant under this section. 
‘‘(g) WEIGHTING.—In establishing the evaluation 
process under subsection (f), the Secretary may assign dif-
ferent weights to the criteria developed under subsection 
(f)(1) based on project type, population served by a 
project, and other context-sensitive considerations, pro-
vided that— 
‘‘(1) each application is rated on all criteria de-
veloped under subsection (f)(1); and 
‘‘(2) each application has the same possible 
minimum and maximum rating, regardless of any 
differences in the weighting of criteria. 
‘‘(h) TRANSPARENCY.— 
‘‘(1) PUBLICLY
AVAILABLE
INFORMATION.— 
Prior to the issuance of any notice of funding oppor-
tunity under this section, the Secretary shall make 
publicly available on the website of the Department 
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of Transportation a detailed explanation of the eval-
uation and rating process developed under sub-
section (f), including any differences in the 
weighting of criteria pursuant to subsection (g), if 
applicable, and update such website for each revision 
of the evaluation and rating process. 
‘‘(2) NOTIFICATIONS TO CONGRESS.—The Sec-
retary shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives, the Committee on Environment and Public 
Works of the Senate, the Committee on Banking, 
Housing, and Urban Affairs of the Senate, and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate the following written notifica-
tions: 
‘‘(A) A notification when the Secretary 
publishes or updates the information required 
under paragraph (1). 
‘‘(B) Not later than 30 days prior to the 
date on which the Secretary awards a grant 
under this section, a notification that in-
cludes— 
‘‘(i) the ratings of each application 
submitted pursuant to subsection (f)(2); 
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‘‘(ii) the ranking of each application 
submitted pursuant to subsection (f)(3); 
and 
‘‘(iii) a list of all applications that re-
ceive final consideration by the Secretary 
to receive an award under this section pur-
suant to subsection (f)(4). 
‘‘(C) Not later than 3 business days prior 
to the date on which the Secretary announces 
the award of a grant under this section, a noti-
fication describing each grant to be awarded, 
including the amount and the recipient. 
‘‘(i) TECHNICAL
ASSISTANCE.—Of the amounts 
made available to carry out this section, the Secretary may 
reserve up to $3,000,000 to provide technical assistance 
to eligible entities. 
‘‘(j) ADMINISTRATION.—Of the amounts made avail-
able to carry out this section, the Secretary may reserve 
up to $5,000,000 for the administrative costs of carrying 
out the program under this section. 
‘‘(k) TREATMENT OF PROJECTS.— 
‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 
shall, with respect to a project funded by a grant 
under this section, apply— 
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‘‘(A) the requirements of this title to a 
highway project; 
‘‘(B) the requirements of chapter 53 of 
title 49 to a public transportation project; and 
‘‘(C) the requirements of section 22905 of 
title 49 to a passenger rail or freight rail 
project. 
‘‘(2) MULTIMODAL PROJECTS.— 
‘‘(A) IN GENERAL.—Except as otherwise 
provided in this paragraph, if an eligible project 
is a multimodal project, the Secretary shall— 
‘‘(i) determine the predominant modal 
component of the project; and 
‘‘(ii) apply the applicable requirements 
of such predominant modal component to 
the project. 
‘‘(B) EXCEPTIONS.— 
‘‘(i) PASSENGER
OR
FREIGHT
RAIL 
COMPONENT.—For 
any 
passenger 
or 
freight rail component of a project, the re-
quirements of section 22907(j)(2) of title 
49 shall apply. 
‘‘(ii) PUBLIC TRANSPORTATION COM-
PONENT.—For any public transportation 
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253 
component of a project, the requirements 
of section 5333 of title 49 shall apply. 
‘‘(C) BUY AMERICA.—In applying the Buy 
American requirements under section 313 of 
this title and sections 5320, 22905(a), and 
24305(f) of title 49 to a multimodal project 
under this paragraph, the Secretary shall— 
‘‘(i) consider the various modal com-
ponents of the project; and 
‘‘(ii) seek to maximize domestic jobs. 
‘‘(3) 
FEDERAL-AID
HIGHWAY
REQUIRE-
MENTS.—Notwithstanding any other provision of 
this subsection, the Secretary shall require recipients 
of grants under this section to comply with sub-
section (a) of section 113 with respect to public 
transportation projects, passenger rail projects, and 
freight rail projects, in the same manner that recipi-
ents of grants are required to comply with such sub-
section for construction work performed on highway 
projects on Federal-aid highways. 
‘‘(l) TRANSPARENCY.— 
‘‘(1) IN
GENERAL.—Not later than 30 days 
after awarding a grant for a project under this sec-
tion, the Secretary shall send to all applicants, and 
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publish on the website of the Department of Trans-
portation— 
‘‘(A) a summary of each application made 
to the program for the grant application period; 
and 
‘‘(B) the evaluation and justification for 
the project selection, including ratings and 
rankings assigned to all applications and a list 
of applications that received final consideration 
by the Secretary to receive an award under this 
section, for the grant application period. 
‘‘(2) BRIEFING.—The Secretary shall provide, 
at the request of a grant applicant under this sec-
tion, the opportunity to receive a briefing to explain 
any reasons the grant applicant was not awarded a 
grant. 
‘‘(m) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) a metropolitan planning organization; 
‘‘(B) a unit of local government; 
‘‘(C) a transit agency; 
‘‘(D) a Tribal Government or a consortium 
of tribal governments; 
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‘‘(E) a multijurisdictional group of entities 
described in this paragraph; or 
‘‘(F) a State that applies for a grant under 
this section jointly with an entity described in 
subparagraphs (A) through (E). 
‘‘(2) ELIGIBLE
PROJECT.—The term ‘eligible 
project’ means any project eligible under this title or 
chapter 53 of title 49.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is further amended 
by adding at the end the following new item: 
‘‘173. Community transportation investment grant program.’’. 
SEC. 1303. GRANTS FOR CHARGING AND FUELING INFRA-
STRUCTURE TO MODERNIZE AND RECON-
NECT AMERICA FOR THE 21ST CENTURY. 
(a) PURPOSE.—The purpose of this section is to es-
tablish a grant program to strategically deploy electric ve-
hicle charging infrastructure and hydrogen fueling infra-
structure along designated alternative fuel corridors that 
will be accessible to all drivers of electric vehicles and hy-
drogen vehicles. 
(b) GRANT PROGRAM.—Section 151 of title 23, 
United States Code, is amended— 
(1) in subsection (a) by striking ‘‘Not later 
than 1 year after the date of enactment of the 
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FAST Act, the Secretary shall’’ and inserting ‘‘The 
Secretary shall periodically’’; 
(2) in subsection (b)(2) by inserting ‘‘previously 
designated by the Federal Highway Administration 
or’’ after ‘‘fueling corridors’’; 
(3) in subsection (d)— 
(A) by striking ‘‘5 years after the date of 
establishment of the corridors under subsection 
(a), and every 5 years thereafter’’ and inserting 
‘‘180 days after the date of enactment of the 
INVEST in America Act’’; and 
(B) by inserting ‘‘establish a recurring 
process to regularly’’ after ‘‘the Secretary 
shall’’; 
(4) in subsection (e)— 
(A) in paragraph (1) by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in paragraph (2)— 
(i) by striking ‘‘establishes an aspira-
tional goal of achieving’’ and inserting ‘‘de-
scribes efforts to achieve’’; and 
(ii) by striking ‘‘by the end of fiscal 
year 2020.’’ and inserting a semicolon; and 
(C) by adding at the end the following: 
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‘‘(3) summarizes best practices and provides 
guidance, developed through consultation with the 
Secretary of Energy, for project development of elec-
tric vehicle charging infrastructure, hydrogen fueling 
infrastructure, and natural gas fueling infrastruc-
ture at the State, tribal, and local level to allow for 
the predictable deployment of such infrastructure; 
and 
‘‘(4) summarizes the progress and implementa-
tion of the grant program under subsection (f), in-
cluding— 
‘‘(A) a description of how funds awarded 
through the grant program under subsection (f) 
will aid efforts to achieve strategic deployment 
of electric vehicle charging infrastructure and 
hydrogen fueling infrastructure in those cor-
ridors; 
‘‘(B) the total number and location of 
charging stations installed under subsection (f); 
and 
‘‘(C) the total estimated greenhouse gas 
emissions that have been reduced through the 
use of electric vehicle charging or hydrogen 
fueling infrastructure funded under subsection 
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258 
(f) using the methodology identified in para-
graph (3)(B).’’; and 
(5) by adding at the end the following: 
‘‘(f) ELECTRIC VEHICLE CHARGING AND HYDROGEN 
FUELING INFRASTRUCTURE GRANTS.— 
‘‘(1) ESTABLISHMENT.—Not later than 1 year 
after the date of enactment of the INVEST in 
America Act, the Secretary shall establish a grant 
program to award grants to eligible entities for elec-
tric vehicle charging and hydrogen fueling infra-
structure projects. 
‘‘(2) ELIGIBLE ENTITY.—An entity eligible to 
receive a grant under this subsection is— 
‘‘(A) a State or political subdivision of a 
State; 
‘‘(B) a metropolitan planning organization; 
‘‘(C) a unit of local government; 
‘‘(D) a special purpose district or public 
authority with a transportation function, includ-
ing a port authority; 
‘‘(E) a Tribal government; 
‘‘(F) an authority, agency, or instrumen-
tality of, or an entity owned by, 1 or more of 
the entities described in subparagraphs (A) 
through (E); or 
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‘‘(G) a group of entities described in sub-
paragraphs (A) through (F). 
‘‘(3) APPLICATION.—To be eligible to receive a 
grant under this subsection, an eligible entity shall 
submit to the Secretary an application at such time, 
in such manner, and containing such information as 
the Secretary shall require, including— 
‘‘(A) a description of— 
‘‘(i) the public accessibility of the 
charging or fueling infrastructure proposed 
to be funded with a grant under this sub-
section, including— 
‘‘(I) charging or fueling con-
nector types; 
‘‘(II) publicly available informa-
tion on real-time availability; and 
‘‘(III) payment methods available 
to all members of the public to ensure 
secure, convenient, fair, and equal ac-
cess and not limited by membership to 
a particular provider; 
‘‘(ii) collaborative engagement with 
the entity with jurisdiction over the road-
way and any other relevant stakeholders 
(including automobile manufacturers, utili-
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ties, infrastructure providers, technology 
providers, electric charging and hydrogen 
fuel providers, metropolitan planning orga-
nizations, States, Indian Tribes, units of 
local government, fleet owners, fleet man-
agers, fuel station owners and operators, 
labor organizations, infrastructure con-
struction and component parts suppliers, 
and multistate and regional entities)— 
‘‘(I) to foster enhanced, coordi-
nated, public-private or private invest-
ment in electric vehicle charging and 
hydrogen fueling infrastructure; 
‘‘(II) to expand deployment of 
electric vehicle charging or hydrogen 
fueling infrastructure; 
‘‘(III) to protect personal privacy 
and ensure cybersecurity; and 
‘‘(IV) to ensure that a properly 
trained workforce is available to con-
struct and install electric vehicle 
charging or hydrogen fueling infra-
structure; 
‘‘(iii) the location of the station or 
fueling site, including consideration of— 
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‘‘(I) the availability of onsite 
amenities for vehicle operators, includ-
ing restrooms or food facilities; 
‘‘(II) access in compliance with 
the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.); 
‘‘(III) height and fueling capacity 
requirements for facilities that charge 
or refuel large vehicles, including 
semitrailer trucks; and 
‘‘(IV) appropriate distribution to 
avoid redundancy and fill charging or 
fueling gaps; 
‘‘(iv) infrastructure installation that 
can be responsive to technology advance-
ments, including accommodating autono-
mous vehicles and future charging meth-
ods; 
‘‘(v) the long-term operation and 
maintenance of the electric vehicle charg-
ing or hydrogen fueling infrastructure to 
avoid stranded assets and protect the in-
vestment of public funds in such infra-
structure; and 
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‘‘(vi) in the case of an applicant that 
is not a State department of transpor-
tation, the degree of coordination with the 
applicable State department of transpor-
tation; and 
‘‘(B) an assessment of the estimated 
greenhouse gas emissions and air pollution from 
vehicle emissions that will be reduced through 
the use of electric vehicle charging or hydrogen 
fueling infrastructure, which shall be conducted 
using one standardized methodology or tool as 
determined by the Secretary. 
‘‘(4) CONSIDERATIONS.—In selecting eligible 
entities to receive a grant under this subsection, the 
Secretary shall— 
‘‘(A) consider the extent to which the ap-
plication of the eligible entity would— 
‘‘(i) reduce estimated greenhouse gas 
emissions and air pollution from vehicle 
emissions, weighted by the total Federal 
investment in the project; 
‘‘(ii) improve alternative fueling cor-
ridor networks by— 
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‘‘(I) converting corridor-pending 
corridors to corridor-ready corridors; 
or 
‘‘(II) in the case of corridor- 
ready corridors, providing additional 
capacity— 
‘‘(aa) to meet excess demand 
for charging or fueling infra-
structure; or 
‘‘(bb) to reduce congestion 
at existing charging or fueling in-
frastructure in high-traffic loca-
tions; 
‘‘(iii) meet current or anticipated mar-
ket demands for charging or fueling infra-
structure; 
‘‘(iv) enable or accelerate the con-
struction of charging or fueling infrastruc-
ture that would be unlikely to be completed 
without Federal assistance; and 
‘‘(v) support a long-term competitive 
market for electric vehicle charging infra-
structure or hydrogen fueling infrastruc-
ture that does not significantly impair ex-
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isting electric vehicle charging or hydrogen 
fueling infrastructure providers; and 
‘‘(B) ensure, to the maximum extent prac-
ticable, geographic diversity among grant recipi-
ents to ensure that electric vehicle charging in-
frastructure or hydrogen fueling infrastructure 
is available throughout the United States. 
‘‘(5) USE OF FUNDS.— 
‘‘(A) IN
GENERAL.—Any grant made 
under this subsection shall be— 
‘‘(i) directly related to the charging or 
fueling of a vehicle; and 
‘‘(ii) only for charging or fueling in-
frastructure that is open to the general 
public. 
‘‘(B) LOCATION OF INFRASTRUCTURE.— 
‘‘(i) IN GENERAL.—Any electric vehi-
cle charging or hydrogen fueling infra-
structure acquired and installed with a 
grant under this subsection shall be located 
along an alternative fuel corridor des-
ignated under this section or by a State or 
group of States. 
‘‘(ii) 
EXCEPTION.—Notwithstanding 
clause (i), the Secretary may make a grant 
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for electric vehicle charging infrastructure 
not on a designated alternative fuel cor-
ridor if the applicant demonstrates that 
the proposed charging infrastructure would 
expand deployment of electric vehicle 
charging to a greater number of users than 
investments on such corridor. 
‘‘(C) OPERATING ASSISTANCE.— 
‘‘(i) IN GENERAL.—Subject to clauses 
(ii) and (iii), an eligible entity that receives 
a grant under this subsection may use a 
portion of the funds for operating costs for 
the first 5 years of operations after the in-
stallation of electric vehicle charging or hy-
drogen fueling infrastructure while the fa-
cility transitions to independent system op-
erations. 
‘‘(ii) INCLUSION.—Operating assist-
ance under this subparagraph shall be lim-
ited to costs allocable to operating and 
maintaining the electric vehicle charging or 
hydrogen fueling infrastructure and serv-
ice. 
‘‘(iii) LIMITATION.—Operating assist-
ance under this subparagraph may not ex-
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ceed the amount of a contract under sub-
paragraph (A) to acquire and install elec-
tric vehicle charging or hydrogen fueling 
infrastructure. 
‘‘(D) SIGNS.— 
‘‘(i) IN
GENERAL.—Subject to this 
paragraph and paragraph (6)(B), an eligi-
ble entity that receives a grant under this 
subsection may use a portion of the funds 
to acquire and install— 
‘‘(I) traffic control devices lo-
cated in the right-of-way to provide 
directional information to electric ve-
hicle charging or hydrogen fueling in-
frastructure acquired, installed, or op-
erated with the grant under this sub-
section; and 
‘‘(II) on-premises signs to pro-
vide information about electric vehicle 
charging or hydrogen fueling infra-
structure acquired, installed, or oper-
ated with a grant under this sub-
section. 
‘‘(ii) 
REQUIREMENT.—Any 
traffic 
control device or on-premises sign ac-
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quired, installed, or operated with a grant 
under this subsection shall comply with the 
Manual on Uniform Traffic Control De-
vices, if located in the right-of-way. 
‘‘(E) REVENUE.—An eligible entity receiv-
ing a grant under this subsection and a private 
entity referred to in subparagraph (F) may 
enter into a cost-sharing agreement under 
which the private entity submits to the eligible 
entity a portion of the revenue from the electric 
vehicle charging or hydrogen fueling infrastruc-
ture. 
‘‘(F) PRIVATE ENTITY.— 
‘‘(i) IN GENERAL.—An eligible entity 
receiving a grant under this subsection 
may use the funds in accordance with this 
paragraph to contract with a private entity 
for installation, operation, or maintenance 
of electric vehicle charging or hydrogen 
fueling infrastructure. 
‘‘(ii) INCLUSION.—An eligible private 
entity shall include a privately, publicly, or 
cooperatively owned electric utility. 
‘‘(6) PROJECT REQUIREMENTS.— 
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‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, any project funded by a 
grant under this subsection shall be treated as 
a project on a Federal-aid highway. 
‘‘(B) 
ELECTRIC
VEHICLE
CHARGING 
PROJECTS.—A project for electric vehicle charg-
ing infrastructure funded by a grant under this 
subsection shall be subject to the requirements 
of section 155. 
‘‘(7) FEDERAL SHARE.—The Federal share of 
the cost of a project carried out with a grant under 
this subsection shall not exceed 80 percent of the 
total project cost.’’. 
SEC. 1304. COMMUNITY CLIMATE INNOVATION GRANTS. 
(a) IN GENERAL.—Chapter 1 of title 23, United 
States Code, as amended by this title, is further amended 
by inserting after section 171 the following: 
‘‘§ 172. Community climate innovation grants 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a community climate innovation grant program (in 
this section referred to as the ‘Program’) to make grants, 
on a competitive basis, for locally selected projects that 
reduce greenhouse gas emissions while improving the mo-
bility, accessibility, and connectivity of the surface trans-
portation system. 
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‘‘(b) PURPOSE.—The purpose of the Program shall 
be to support communities in reducing greenhouse gas 
emissions from the surface transportation system. 
‘‘(c) ELIGIBLE APPLICANTS.—The Secretary may 
make grants under the Program to the following entities: 
‘‘(1) A metropolitan planning organization. 
‘‘(2) A unit of local government or a group of 
local governments. 
‘‘(3) A subdivision of a local government. 
‘‘(4) A transit agency. 
‘‘(5) A special purpose district with a transpor-
tation function or a port authority. 
‘‘(6) A Tribal government or a consortium of 
tribal governments. 
‘‘(7) A multijurisdictional group of entities de-
scribed in paragraphs (1) through (6). 
‘‘(d) APPLICATIONS.—To be eligible for a grant 
under the Program, an entity specified in subsection (c) 
shall submit to the Secretary an application in such form, 
at such time, and containing such information as the Sec-
retary determines appropriate. 
‘‘(e) ELIGIBLE PROJECTS.—The Secretary may only 
provide a grant under the Program for a project that is 
expected to yield a significant reduction in greenhouse gas 
emissions from the surface transportation system and— 
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‘‘(1) is a project eligible for assistance under 
this title or under chapter 53 of title 49; or 
‘‘(2) is a capital project as defined in section 
22906 of title 49 to improve intercity passenger rail 
that will yield a significant reduction in single occu-
pant vehicle trips and improve mobility on public 
roads. 
‘‘(f) ELIGIBLE USES.—Grant amounts received for a 
project under the Program may be used for— 
‘‘(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, rehabilitation, 
acquisition of real property (including land related 
to the project and improvements to the land), envi-
ronmental mitigation, construction contingencies, ac-
quisition of equipment, and operational improve-
ments. 
‘‘(g) PROJECT PRIORITIZATION.—In making grants 
for projects under the Program, the Secretary shall give 
priority to projects that are expected to yield the most sig-
nificant reductions in greenhouse gas emissions from the 
surface transportation system. 
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‘‘(h) ADDITIONAL
CONSIDERATIONS.—In making 
grants for projects under the Program, the Secretary shall 
consider the extent to which— 
‘‘(1) a project maximizes greenhouse gas reduc-
tions in a cost-effective manner; 
‘‘(2) a project reduces dependence on single-oc-
cupant vehicle trips or provides additional transpor-
tation options; 
‘‘(3) a project improves the connectivity and ac-
cessibility of the surface transportation system, par-
ticularly to low- and zero-emission forms of trans-
portation, including public transportation, walking, 
and bicycling; 
‘‘(4) an applicant has adequately considered or 
will adequately consider, including through the op-
portunity for public comment, the environmental jus-
tice and equity impacts of the project; 
‘‘(5) a project contributes to geographic diver-
sity among grant recipients, including to achieve a 
balance between urban, suburban, and rural commu-
nities; 
‘‘(6) a project serves low-income communities, 
including areas of persistent poverty; and 
‘‘(7) a project uses pavement materials that 
demonstrate reductions in greenhouse gas emissions 
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through sequestration or innovative manufacturing 
processes. 
‘‘(i) FUNDING.— 
‘‘(1) 
MAXIMUM
AMOUNT.—The 
maximum 
amount of a grant under the Program shall be 
$25,000,000. 
‘‘(2) TECHNICAL ASSISTANCE.—Of the amounts 
made available to carry out the Program, the Sec-
retary may use up to 1 percent to provide technical 
assistance to applicants and potential applicants. 
‘‘(j) TREATMENT OF PROJECTS.— 
‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 
shall, with respect to a project funded by a grant 
under this section, apply— 
‘‘(A) the requirements of this title to a 
highway project; 
‘‘(B) the requirements of chapter 53 of 
title 49 to a public transportation project; and 
‘‘(C) the requirements of section 22905 of 
title 49 to a passenger rail or freight rail 
project. 
‘‘(2) MULTIMODAL PROJECTS.— 
‘‘(A) IN GENERAL.—Except as otherwise 
provided in this paragraph, if an eligible project 
is a multimodal project, the Secretary shall— 
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‘‘(i) determine the predominant modal 
component of the project; and 
‘‘(ii) apply the applicable requirements 
of such predominant modal component to 
the project. 
‘‘(B) EXCEPTIONS.— 
‘‘(i) PASSENGER
OR
FREIGHT
RAIL 
COMPONENT.—For 
any 
passenger 
or 
freight rail component of a project, the re-
quirements of section 22907(j)(2) of title 
49 shall apply. 
‘‘(ii) PUBLIC TRANSPORTATION COM-
PONENT.—For any public transportation 
component of a project, the requirements 
of section 5333 of title 49 shall apply. 
‘‘(C) BUY AMERICA.—In applying the Buy 
American requirements under section 313 of 
this title and sections 5320, 22905(a), and 
24305(f) of title 49 to a multimodal project 
under this paragraph, the Secretary shall— 
‘‘(i) consider the various modal com-
ponents of the project; and 
‘‘(ii) seek to maximize domestic jobs. 
‘‘(3) 
FEDERAL-AID
HIGHWAY
REQUIRE-
MENTS.—Notwithstanding any other provision of 
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this subsection, the Secretary shall require recipients 
of grants under this section to comply with sub-
section (a) of section 113 with respect to public 
transportation projects, passenger rail projects, and 
freight rail projects, in the same manner that recipi-
ents of grants are required to comply with such sub-
section for construction work performed on highway 
projects on Federal-aid highways. 
‘‘(k) SINGLE-OCCUPANCY VEHICLE HIGHWAY FA-
CILITIES.—None of the funds provided under this section 
may be used for a project that will result in the construc-
tion of new capacity available to single occupant vehicles 
unless the project consists of a high-occupancy vehicle fa-
cility and is consistent with section 166. 
‘‘(l) DEFINITION OF AREAS OF PERSISTENT POV-
ERTY.—In this section, the term ‘areas of persistent pov-
erty’ means— 
‘‘(1) any county that has had 20 percent or 
more of the population of such county living in pov-
erty over the past 30 years, as measured by the 
1990 and 2000 decennial censuses and the most re-
cent Small Area Income and Poverty Estimates; and 
‘‘(2) any census tract with a poverty rate of at 
least 20 percent, as measured by the most recent 5- 
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year data series available from the American Com-
munity Survey of the Bureau of the Census.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by insert-
ing after the item relating to section 171 the following: 
‘‘172. Community climate innovation grants.’’. 
SEC. 1305. METRO PERFORMANCE PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall provide funding to metropolitan planning or-
ganizations in accordance with this section to enhance 
local decision making and control in delivering projects to 
address local transportation needs. 
(b) DESIGNATION.— 
(1) IN
GENERAL.—The Secretary shall des-
ignate high-performing metropolitan planning orga-
nizations based on the criteria in paragraph (3) to 
be direct recipients of funds under this section. 
(2) RESPONSIBILITIES.—A direct recipient shall 
assume, with respect to the amounts made available 
under this section, any responsibility for the over-
sight of Federal funds vested in a State department 
of transportation under chapter 1 of title 23, United 
States Code. 
(3) CRITERIA.—In designating an applicant 
under this subsection, the Secretary shall consider— 
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(A) the legal, financial, and technical ca-
pacity of the applicant; 
(B) the level of coordination between the 
applicant and— 
(i) the State department of transpor-
tation of the State or States in which the 
metropolitan planning area represented by 
the applicant is located; 
(ii) local governments and providers of 
public transportation within the metropoli-
tan planning area represented by the appli-
cant; and 
(iii) if more than 1 metropolitan plan-
ning organization is designated within an 
urbanized area represented by the appli-
cant, any other such metropolitan planning 
organization; 
(C) in the case of an applicant that rep-
resents an urbanized area population of greater 
than 200,000, the effectiveness of project deliv-
ery and timely obligation of funds made avail-
able under section 133(d)(1)(A)(i) of title 23, 
United States Code; 
(D) if the applicant or a local government 
within the metropolitan planning area that the 
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applicant represents has been the recipient of a 
discretionary grant from the Secretary within 
the preceding 5 years, the administration of 
such grant; 
(E) the extent to which the planning and 
decision making process of the applicant, in-
cluding the long-range transportation plan and 
the approved transportation improvement pro-
gram under section 134 of such title, support— 
(i) the performance goals established 
under section 150(b) of such title; and 
(ii) the achievement of metropolitan 
or statewide performance targets estab-
lished under section 150(c) of such title; 
and 
(F) any other criteria established by the 
Secretary. 
(4) REQUIREMENTS.— 
(A) CALL
FOR
NOMINATION.—Not later 
than April 1, 2022, the Secretary shall publish 
in the Federal Register a notice soliciting appli-
cations for designation under this subsection. 
(B) GUIDANCE.—The notification under 
paragraph (1) shall include guidance on the re-
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quirements and responsibilities of a direct re-
cipient under this section. 
(C) 
DETERMINATION.—The 
Secretary 
shall make all designations under this section 
for fiscal year 2023 not later than June 1, 
2022. 
(5) TERM.—Except as provided in paragraph 
(6), a designation under this subsection shall— 
(A) be for a period of not less than 5 
years; and 
(B) be renewable. 
(6) TERMINATION.— 
(A) IN GENERAL.—The Secretary shall es-
tablish procedures for the termination of a des-
ignation under this subsection. 
(B) 
CONSIDERATIONS.—In 
establishing 
procedures under subparagraph (A), the Sec-
retary shall consider— 
(i) with respect to projects carried out 
under this section, compliance with the re-
quirements of title 23, United States Code, 
or chapter 53 of title 49, United States 
Code; and 
(ii) the obligation rate of any funds— 
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(I) made available under this sec-
tion; and 
(II) in the case of a metropolitan 
planning organization that represents 
a metropolitan planning area with an 
urbanized area population of greater 
than 200,000, made available under 
section 133(d)(1)(A) of title 23, 
United States Code. 
(c) USE OF FUNDS.— 
(1) ELIGIBLE PROJECTS.—Funds made avail-
able under this section may be obligated for the pur-
poses described in section 133(b) of title 23, United 
States Code. 
(2) ADMINISTRATIVE
EXPENSES
AND
TECH-
NICAL ASSISTANCE.—Of the amounts made available 
under this section, the Secretary may set aside not 
more than $5,000,000 for program management, 
oversight, and technical assistance to direct recipi-
ents. 
(d) RESPONSIBILITIES OF DIRECT RECIPIENTS.— 
(1) DIRECT
AVAILABILITY
OF
FUNDS.—Not-
withstanding title 23, United States Code, the 
amounts made available under this section shall be 
allocated to each direct recipient for obligation. 
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(2) PROJECT DELIVERY.— 
(A) IN GENERAL.—At the request of the 
direct recipient, the State may collaborate with 
a project sponsor to ensure delivery of the 
project and compliance with all applicable Fed-
eral requirements. 
(B) USE
OF
FUNDS.—Amounts made 
available under this section may be used to 
compensate the State for costs incurred in pro-
viding technical assistance under this para-
graph. 
(3) DISTRIBUTION OF AMOUNTS AMONG DIRECT 
RECIPIENTS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), on the first day of the fiscal year for 
which funds are made available under this sec-
tion, the Secretary shall allocate such funds to 
each direct recipient as the proportion of the 
population (as determined by data collected by 
the Bureau of the Census) of the urbanized 
area represented by any 1 direct recipient bears 
to the total population of all of urbanized areas 
represented by all direct recipients. 
(B) MINIMUM AND MAXIMUM AMOUNTS.— 
Each direct recipient shall receive not less than 
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$10,000,000 and not more than $50,000,000 
each fiscal year. 
(C) MINIMUM GUARANTEED AMOUNT.—In 
making a determination whether to designate a 
metropolitan planning organization as a direct 
recipient under subsection (b), the Secretary 
shall ensure that each direct recipient receives 
the minimum required allocation under sub-
paragraph (B). 
(D) 
ADDITIONAL
AMOUNTS.—If 
any 
amounts remain unallocated after the distribu-
tion described in this subsection, such remain-
ing amounts and an associated amount of obli-
gation limitation shall be made available for the 
purposes described in clauses (i) and (ii) of sec-
tion 133(d)(1)(A) of title 23, United States 
Code, and distributed among the States in pro-
portion to the relative shares of the population 
(as determined by data collected by the Bureau 
of the Census) of the urbanized areas of each 
State bears to the total population of all urban-
ized areas across all States. 
(4) ASSUMPTION OF RESPONSIBILITY OF THE 
SECRETARY.— 
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(A) IN
GENERAL.—For projects carried 
out with funds provided under this section, the 
direct recipient may assume the responsibilities 
of the Secretary under title 23, United States 
Code, for design, plans, specifications, esti-
mates, contract awards, and inspections with 
respect to the projects unless the Secretary de-
termines that the assumption is not appro-
priate. 
(B) AGREEMENT.—The Secretary and the 
direct recipient shall enter into an agreement 
relating to the extent to which the direct recipi-
ent assumes the responsibilities of the Secretary 
under this paragraph. 
(C) LIMITATIONS.—The Secretary shall re-
tain responsibilities described in subparagraph 
(A) for any project that the Secretary deter-
mines to be in a high-risk category, including 
projects on the National Highway System. 
(e) EXPENDITURE OF FUNDS.— 
(1) CONSISTENCY WITH METROPOLITAN PLAN-
NING.—Except as otherwise provided in this section, 
programming and expenditure of funds for projects 
under this section shall be consistent with the re-
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quirements of section 134 of title 23, United States 
Code. 
(2) SELECTION OF PROJECTS.— 
(A) IN
GENERAL.—Notwithstanding sub-
sections (j)(5) and (k)(4) of section 134 of such 
title, a direct recipient shall select, from the ap-
proved transportation improvement program 
under section 134 of such title, all projects de-
scribed under this section, including projects on 
the National Highway System. 
(B) ELIGIBLE PROJECTS.—The project se-
lection process described in this subsection shall 
apply to all federally funded projects within the 
boundaries of a metropolitan planning area 
served by a direct recipient that are carried out 
under this section. 
(C) CONSULTATION REQUIRED.—In select-
ing a project under this subsection, the metro-
politan planning organization shall consult 
with— 
(i) in the case of a highway project, 
the State and locality in which such project 
is located; and 
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(ii) in the case of a transit project, 
any affected public transportation oper-
ator. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
section shall be construed to limit the ability of a di-
rect recipient to partner with a State department of 
transportation or other recipient of Federal funds 
under title 23, United States Code, or chapter 53 of 
title 49, United States Code, to carry out a project. 
(f) TREATMENT OF FUNDS.— 
(1) IN GENERAL.—Except as provided in this 
section, funds made available to carry out this sec-
tion shall be treated as funds apportioned under title 
23, United States Code. 
(2) 
TREATMENT
OF
PROJECTS.—Notwith-
standing any other provision of law, any project 
using funds provided under this section shall be 
treated as a project on a Federal-aid highway under 
chapter 1 of title 23, United States Code. 
(3) FEDERAL SHARE.—The Federal share of 
the cost of a project carried out under this section 
shall be determined in accordance with section 120 
of title 23, United States Code. 
(g) REPORT.— 
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(1) DIRECT
RECIPIENT
REPORT.—Not later 
than 60 days after the end of each fiscal year, each 
direct recipient shall submit to the Secretary a re-
port that includes— 
(A) a list of projects funded with amounts 
provided under this section; 
(B) a description of any obstacles to com-
plete projects or timely obligation of funds; and 
(C) recommendations to improve the effec-
tiveness of the program under this section. 
(2) REPORT TO CONGRESS.—Not later than Oc-
tober 1, 2024, the Secretary shall submit to the 
Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a re-
port that— 
(A) summarizes the findings of each direct 
recipient provided under paragraph (1); 
(B) describes the efforts undertaken by 
both direct recipients and the Secretary to en-
sure compliance with the requirements of title 
23 and chapter 53 of title 49, United States 
Code; 
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(C) analyzes the capacity of direct recipi-
ents to receive direct allocations of funds under 
chapter 1 of title 23, United States Code; and 
(D) provides recommendations from the 
Secretary to— 
(i) improve the administration, over-
sight, and performance of the program es-
tablished under this section; 
(ii) improve the effectiveness of direct 
recipients to complete projects and obligate 
funds in a timely manner; and 
(iii) evaluate options to expand the 
authority provided under this section, in-
cluding to allow for the direct allocation to 
metropolitan planning organizations of 
funds made available to carry out clause 
(i) or (ii) of section 133(d)(1)(A) of title 
23, United States Code. 
(3) UPDATE.—Not less frequently than every 2 
years, the Secretary shall update the report de-
scribed in paragraph (2). 
(h) DEFINITIONS.— 
(1) DIRECT RECIPIENT.—In this section, the 
term ‘‘direct recipient’’ means a metropolitan plan-
ning organization designated by the Secretary as 
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high-performing under subsection (b) and that was 
directly allocated funds as described in subsection 
(d). 
(2) METROPOLITAN
PLANNING
AREA.—The 
term ‘‘metropolitan planning area’’ has the meaning 
given such term in section 134 of title 23, United 
States Code. 
(3) 
METROPOLITAN
PLANNING
ORGANIZA-
TION.—The term ‘‘metropolitan planning organiza-
tion’’ has the meaning given such term in section 
134 of title 23, United States Code. 
(4) NATIONAL
HIGHWAY
SYSTEM.—The term 
‘‘National Highway System’’ has the meaning given 
such term in section 101 of title 23, United States 
Code. 
(5) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 101 of title 23, 
United States Code. 
(6) URBANIZED AREA.—The term ‘‘urbanized 
area’’ has the meaning given such term in section 
134 of title 23, United States Code. 
SEC. 1306. GRIDLOCK REDUCTION GRANT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a gridlock reduction program to 
make grants, on a competitive basis, for projects to re-
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duce, and mitigate the adverse impacts of, traffic conges-
tion. 
(b) APPLICATIONS.—To be eligible for a grant under 
this section, an applicant shall submit to the Secretary an 
application in such form, at such time, and containing 
such information as the Secretary determines appropriate. 
(c) ELIGIBLE
APPLICANTS.—The Secretary may 
make grants under this section to an applicant that is 
serving an urbanized area, as designated by the Bureau 
of the Census, with a population of not less than 
1,000,000 and that is— 
(1) a metropolitan planning organization; 
(2) a unit of local government or a group of 
local governments; 
(3) a multijurisdictional group of entities de-
scribed in paragraphs (1) and (2); or 
(4) a State that is in partnership with an entity 
described in paragraph (1), (2), or (3). 
(d) ELIGIBLE PROJECTS.—The Secretary may award 
grants under this section to applicants that submit a com-
prehensive program of surface transportation-related 
projects to reduce traffic congestion and related adverse 
impacts, including a project for 1 or more of the following: 
(1) Transportation systems management and 
operations. 
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(2) Intelligent transportation systems. 
(3) Real-time traveler information. 
(4) Traffic incident management. 
(5) Active traffic management. 
(6) Traffic signal timing. 
(7) Multimodal travel payment systems. 
(8) Transportation demand management, in-
cluding employer-based commuting programs such 
as carpool, vanpool, transit benefit, parking cashout, 
shuttle, or telework programs. 
(9) A project to provide transportation options 
to reduce traffic congestion, including— 
(A) a project under chapter 53 of title 49, 
United States Code; and 
(B) a bicycle or pedestrian project, includ-
ing a project to provide safe and connected ac-
tive transportation networks. 
(10) Any other project, as determined appro-
priate by the Secretary. 
(e) AWARD PRIORITIZATION.— 
(1) IN
GENERAL.—In selecting grants under 
this section, the Secretary shall prioritize applicants 
serving urbanized areas, as described in subsection 
(c), that are experiencing a high degree of recurrent 
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transportation congestion, as determined by the Sec-
retary. 
(2) ADDITIONAL CONSIDERATIONS.—In select-
ing grants under this section, the Secretary shall 
also consider the extent to which the project 
would— 
(A) reduce traffic congestion and improve 
the reliability of the surface transportation sys-
tem; 
(B) mitigate the adverse impacts of traffic 
congestion on the surface transportation sys-
tem, including safety and environmental im-
pacts; 
(C) maximize the use of existing capacity; 
and 
(D) employ innovative, integrated, and 
multimodal solutions to the items described in 
subparagraphs (A), (B), and (C). 
(f) FEDERAL SHARE.— 
(1) IN GENERAL.—The Federal share of the 
cost of a project carried out under this section may 
not exceed 60 percent. 
(2) MAXIMUM FEDERAL SHARE.—Federal as-
sistance other than a grant for a project under this 
section may be used to satisfy the non-Federal share 
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of the cost of such project, except that the total Fed-
eral assistance provided for a project receiving a 
grant under this section may not exceed 80 percent 
of the total project cost. 
(g) USE OF FUNDS.—Funds made available for a 
project under this section may be used for— 
(1) development phase activities, including plan-
ning, feasibility analysis, revenue forecasting, envi-
ronmental review, preliminary engineering and de-
sign work, and other preconstruction activities; and 
(2) construction, reconstruction, rehabilitation, 
acquisition of real property (including land related 
to the project and improvements to the land), envi-
ronmental mitigation, construction contingencies, ac-
quisition of equipment, and operational improve-
ments. 
(h) FUNDING.— 
(1) GRANT AMOUNT.—A grant under this sec-
tion shall be in an amount not less than 
$10,000,000 and not more than $50,000,000. 
(2) 
AVAILABILITY.—Funds 
made 
available 
under this program shall be available until expended. 
(i) FREIGHT PROJECT SET-ASIDE.— 
(1) IN GENERAL.—The Secretary shall set aside 
not less than 50 percent of the funds made available 
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to carry out this section for grants for freight 
projects under this subsection. 
(2) ELIGIBLE USES.—The Secretary shall pro-
vide funds set aside under this subsection to appli-
cants that submit a comprehensive program of sur-
face 
transportation-related 
projects 
to 
reduce 
freight-related traffic congestion and related adverse 
impacts, including— 
(A) freight intelligent transportation sys-
tems; 
(B) real-time freight parking information; 
(C) real-time freight routing information; 
(D) freight transportation and delivery 
safety projects; 
(E) first-mile and last-mile delivery solu-
tions; 
(F) shifting freight delivery to off-peak 
travel times; 
(G) reducing greenhouse gas emissions and 
air pollution from freight transportation and 
delivery, including through the use of innovative 
vehicles that produce fewer greenhouse gas 
emissions; 
(H) use of centralized delivery locations; 
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(I) designated freight vehicle parking and 
staging areas; 
(J) curb space management; and 
(K) other projects, as determined appro-
priate by the Secretary. 
(3) AWARD PRIORITIZATION.— 
(A) IN GENERAL.—In providing funds set 
aside under this section, the Secretary shall 
prioritize applicants serving urbanized areas, as 
described in subsection (c), that are experi-
encing a high degree of recurrent congestion 
due to freight transportation, as determined by 
the Secretary. 
(B) ADDITIONAL
CONSIDERATIONS.—In 
providing funds set aside under this subsection, 
the Secretary shall consider the extent to which 
the proposed project— 
(i) reduces freight-related traffic con-
gestion and improves the reliability of the 
freight transportation system; 
(ii) mitigates the adverse impacts of 
freight-related traffic congestion on the 
surface transportation system, including 
safety and environmental impacts; 
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(iii) maximizes the use of existing ca-
pacity; 
(iv) employs innovative, integrated, 
and multimodal solutions to the items de-
scribed in clauses (i) through (iii); and 
(v) leverages Federal funds with non- 
Federal contributions. 
(4) FLEXIBILITY.—If the Secretary determines 
that there are insufficient qualified applicants to use 
the funds set aside under this subsection, the Sec-
retary may use such funds for grants for any 
projects eligible under this section. 
(j) REPORT.— 
(1) RECIPIENT REPORT.—The Secretary shall 
ensure that not later than 2 years after the Sec-
retary awards grants under this section, the recipi-
ent of each such grant submits to the Secretary a 
report that contains— 
(A) information on each activity or project 
that received funding under this section; 
(B) a summary of any non-Federal re-
sources leveraged by a grant under this section; 
(C) any statistics, measurements, or quan-
titative assessments that demonstrate the con-
gestion reduction, reliability, safety, and envi-
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ronmental benefits achieved through activities 
or projects that received funding under this sec-
tion; and 
(D) any additional information required by 
the Secretary. 
(2) REPORT TO CONGRESS.—Not later than 6 
months after the date specified in paragraph (1), the 
Secretary shall submit to the Committee on Trans-
portation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment and 
Public Works, the Committee on Commerce, Science, 
and Transportation, and the Committee on Banking, 
Housing, and Urban Affairs of the Senate, and 
make publicly available on a website, a report detail-
ing— 
(A) a summary of any information pro-
vided under paragraph (1); and 
(B) recommendations and best practices 
to— 
(i) reduce traffic congestion, including 
freight-related traffic congestion, and im-
prove the reliability of the surface trans-
portation system; 
(ii) mitigate the adverse impacts of 
traffic congestion, including freight-related 
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traffic congestion, on the surface transpor-
tation system, including safety and envi-
ronmental impacts; and 
(iii) employ innovative, integrated, 
and multimodal solutions to the items de-
scribed in clauses (i) and (ii). 
(k) NOTIFICATION.—Not later than 3 business days 
before awarding a grant under this section, the Secretary 
shall notify the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Environment and Public Works, the Committee 
on Commerce, Science, and Transportation, and the Com-
mittee on Banking, Housing, and Urban Affairs of the 
Senate of the intention to award such a grant. 
(l) TREATMENT OF PROJECTS.— 
(1) FEDERAL REQUIREMENTS.—The Secretary 
shall, with respect to a project funded by a grant 
under this section, apply— 
(A) the requirements of title 23, United 
States Code, to a highway project; 
(B) the requirements of chapter 53 of title 
49, United States Code, to a public transpor-
tation project; and 
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(C) the requirements of section 22905 of 
title 49, United States Code, to a passenger rail 
or freight rail project. 
(2) MULTIMODAL PROJECTS.— 
(A) IN
GENERAL.—Except as otherwise 
provided in this paragraph, if an eligible project 
is a multimodal project, the Secretary shall— 
(i) determine the predominant modal 
component of the project; and 
(ii) apply the applicable requirements 
of such predominant modal component to 
the project. 
(B) EXCEPTIONS.— 
(i) PASSENGER
OR
FREIGHT
RAIL 
COMPONENT.—For 
any 
passenger 
or 
freight rail component of a project, the re-
quirements of section 22907(j)(2) of title 
49, United States Code, shall apply. 
(ii) PUBLIC TRANSPORTATION COMPO-
NENT.—For any public transportation 
component of a project, the requirements 
of section 5333 of title 49, United States 
Code, shall apply. 
(C) BUY AMERICA.—In applying the Buy 
American requirements under section 313 of 
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title 23, United States Code, and sections 5320, 
22905(a), and 24305(f) of title 49, United 
States Code, to a multimodal project under this 
paragraph, the Secretary shall— 
(i) consider the various modal compo-
nents of the project; and 
(ii) seek to maximize domestic jobs. 
(3) FEDERAL-AID HIGHWAY REQUIREMENTS.— 
Notwithstanding any other provision of this sub-
section, the Secretary shall require recipients of 
grants under this section to comply with subsection 
(a) of section 113 of title 23, United States Code, 
with respect to public transportation projects, pas-
senger rail projects, and freight rail projects, in the 
same manner that recipients of grants are required 
to comply with such subsection for construction 
work performed on highway projects on Federal-aid 
highways. 
(m) TREATMENT OF FUNDS.—Except as provided in 
subsection (l), funds authorized for the purposes described 
in this section shall be available for obligation in the same 
manner as if the funds were apportioned under chapter 
1 of title 23, United States Code. 
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SEC. 1307. REBUILD RURAL GRANT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a rebuild rural grant program to im-
prove the safety, state of good repair, and connectivity of 
transportation infrastructure in rural communities. 
(b) GRANT AUTHORITY.— 
(1) IN GENERAL.—In carrying out the program 
established in subsection (a), the Secretary shall 
make grants, on a competitive basis, in accordance 
with this section. 
(2) GRANT AMOUNT.—A grant made under this 
program shall be for no more than $25,000,000. 
(c) ELIGIBLE
APPLICANTS.—The Secretary may 
make a grant under this section to— 
(1) a State; 
(2) a metropolitan planning organization or a 
regional transportation planning organization; 
(3) a unit of local government; 
(4) a Federal land management agency; 
(5) a Tribal government or a consortium of 
Tribal governments; and 
(6) a multijurisdictional group of entities de-
scribed in this subsection. 
(d) APPLICATIONS.—To be eligible for a grant under 
this section, an entity specified under subsection (c) shall 
submit to the Secretary an application in such form, at 
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such time, and containing such information as the Sec-
retary determines is appropriate. 
(e) ELIGIBLE PROJECTS.—The Secretary shall pro-
vide grants under this section to projects eligible under 
title 23, United States Code, including projects on and off 
the Federal-aid highway system, that improve safety, state 
of good repair, or connectivity in a rural community, in-
cluding projects to— 
(1) improve transportation safety, including 
projects on high-risk rural roads and on Federal 
lands; 
(2) improve state of good repair, including 
projects to repair and rehabilitate bridges on and off 
the Federal-aid highway system; 
(3) provide or increase access to jobs and serv-
ices; 
(4) provide or increase access to— 
(A) a grain elevator; 
(B) an agricultural facility; 
(C) a mining facility; 
(D) a forestry facility; 
(E) an intermodal facility; or 
(F) any other facility that supports the 
economy of a rural community; and 
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(5) reduce vehicle-wildlife collisions and improve 
habitat connectivity. 
(f) ELIGIBLE PROJECT COSTS.—Grant amounts for 
a project under this section may be used for— 
(1) development phase activities, including plan-
ning, feasibility analysis, revenue forecasting, envi-
ronmental review, preliminary engineering and de-
sign work, and other preconstruction activities; and 
(2) construction, reconstruction, rehabilitation, 
acquisition of real property (including land related 
to the project and improvements to the land), envi-
ronmental mitigation, construction contingencies, ac-
quisition of equipment, and operational improve-
ments. 
(g) FEDERAL SHARE.— 
(1) IN GENERAL.—The share of the cost of a 
project provided with a grant under this section may 
not exceed 80 percent of the total cost of such 
project. 
(2) MAXIMUM FEDERAL ASSISTANCE.—Federal 
assistance other than a grant under this section may 
be used to satisfy up to 100 percent of the total cost 
of such project. 
(h) PRIORITY.—In making grants under this section, 
the Secretary shall prioritize projects that address— 
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(1) significant transportation safety challenges; 
(2) state of good repair challenges that pose 
safety risks or risks to a local economy; 
(3) economic development challenges; 
(4) connectivity challenges that limit access to 
jobs or services; and 
(5) coordination of projects in the highway 
right-of-way with proposed broadband service infra-
structure needs. 
(i) NOTIFICATION.—Not later than 3 business days 
before awarding a grant under this section, the Secretary 
of Transportation shall notify the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of 
the Senate of the intention to award such a grant. 
(j) TREATMENT
OF PROJECTS.—Notwithstanding 
any other provision of law, a project carried out under this 
section shall be treated as if the project is located on a 
Federal-aid highway. 
(k) DEFINITION OF RURAL COMMUNITY.—In this 
section, the term ‘‘rural community’’ means an area that 
is not an urbanized area, as such term is defined in section 
101(a) of title 23, United States Code. 
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SEC. 1308. PARKING FOR COMMERCIAL MOTOR VEHICLES. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a program under which the Secretary 
shall make grants, on a competitive basis, to eligible enti-
ties to address the shortage of parking for commercial 
motor vehicles to improve the safety of commercial motor 
vehicle operators. 
(b) APPLICATIONS.—To be eligible for a grant under 
this section, an eligible entity shall submit to the Secretary 
an application in such form, at such time, and containing 
such information as the Secretary may require. 
(c) ELIGIBLE PROJECTS.—Projects eligible under 
this section are projects that— 
(1) construct safety rest areas that include 
parking for commercial motor vehicles; 
(2) construct commercial motor vehicle parking 
facilities— 
(A) adjacent to private commercial truck-
stops and travel plazas; 
(B) within the boundaries of, or adjacent 
to, a publicly owned freight facility, including a 
port terminal operated by a public authority; 
and 
(C) at existing facilities, including inspec-
tion and weigh stations and park-and-ride loca-
tions; 
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(3) open existing weigh stations, safety rest 
areas, and park-and-ride facilities to commercial 
motor vehicle parking; 
(4) facilitate access to publicly and privately 
provided commercial motor vehicle parking, such as 
through the use of intelligent transportation sys-
tems; 
(5) construct turnouts along a Federal-aid 
highway for commercial motor vehicles; 
(6) make capital improvements to public com-
mercial motor vehicle parking facilities that are 
closed on a seasonal basis to allow the facilities to 
remain open year-round; 
(7) open existing commercial motor vehicle 
chain-up areas that are closed on a seasonal basis to 
allow the facilities to remain open year-round for 
commercial motor vehicle parking; 
(8) address commercial motor vehicle parking 
and layover needs in emergencies that strain the ca-
pacity of existing publicly and privately provided 
commercial motor vehicle parking; and 
(9) make improvements to existing commercial 
motor vehicle parking facilities, including advanced 
truckstop electrification systems. 
(d) USE OF FUNDS.— 
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(1) IN GENERAL.—An eligible entity may use a 
grant under this section for— 
(A) development phase activities, including 
planning, feasibility analysis, benefit-cost anal-
ysis, environmental review, preliminary engi-
neering 
and 
design 
work, 
and 
other 
preconstruction activities necessary to advance 
a project described in subsection (c); and 
(B) construction and operational improve-
ments, as such terms are defined in section 101 
of title 23, United States Code. 
(2) PRIVATE SECTOR PARTICIPATION.—An eli-
gible entity that receives a grant under this section 
may partner with a private entity to carry out an eli-
gible project under this section. 
(3) LIMITATION.—Not more than 10 percent of 
the amounts made available to carry out this section 
may be used to promote the availability of existing 
commercial motor vehicle parking. 
(e) SELECTION CRITERIA.—In making grants under 
this section, the Secretary shall consider— 
(1) in the case of construction of new commer-
cial motor vehicle parking capacity, the shortage of 
public and private commercial motor vehicle parking 
near the project; and 
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(2) the extent to which each project— 
(A) would increase commercial motor vehi-
cle parking capacity or utilization; 
(B) would facilitate the efficient movement 
of freight; 
(C) would improve safety, traffic conges-
tion, and air quality; 
(D) is cost effective; and 
(E) reflects consultation with motor car-
riers, commercial motor vehicle operators, and 
private providers of commercial motor vehicle 
parking. 
(f) NOTIFICATION OF CONGRESS.—Not later than 3 
business days before awarding a grant under this section, 
the Secretary of Transportation shall notify the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Environment 
and Public Works of the Senate of the intention to award 
such a grant. 
(g) TREATMENT OF FUNDS.— 
(1) 
TREATMENT
OF
PROJECTS.—Notwith-
standing any other provision of law, any project 
funded by a grant under this section shall be treated 
as a project on a Federal-aid highway under chapter 
1 of title 23, United States Code. 
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(2) FEDERAL SHARE.—The Federal share of 
the cost of a project under this section shall be de-
termined in accordance with subsections (b) and (c) 
of section 120 of title 23, United States Code. 
(h) AMENDMENT TO MAP–21.—Section 1401(c)(1) 
of MAP–21 (23 U.S.C. 137 note) is amended— 
(1) by inserting ‘‘and private providers of com-
mercial motor vehicle parking’’ after ‘‘personnel’’; 
and 
(2) in subparagraph (A) by striking ‘‘the capa-
bility of the State to provide’’ and inserting ‘‘the 
availability of’’. 
(i) SURVEY; COMPARATIVE ASSESSMENT; REPORT.— 
(1) UPDATE.—Not later than 18 months after 
the date of enactment of this Act, the Secretary 
shall update the survey of each State required under 
section 1401(c)(1) of the MAP–21 (23 U.S.C. 137 
note). 
(2) REPORT.—Not later than 1 year after the 
deadline under paragraph (1), the Secretary shall 
publish on the website of the Department of Trans-
portation and 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 that— 
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(A) evaluates the availability of adequate 
parking and rest facilities for commercial motor 
vehicles engaged in interstate transportation; 
(B) evaluates the effectiveness of the 
projects funded under this section in improving 
access to truck parking; and 
(C) reports on the progress being made to 
provide adequate commercial motor vehicle 
parking facilities in the State. 
(3) CONSULTATION.—The Secretary shall pre-
pare the report required under paragraph (2) in con-
sultation with— 
(A) relevant State motor carrier safety 
personnel; 
(B) motor carriers and commercial motor 
vehicle operators; and 
(C) private providers of commercial motor 
vehicle parking. 
(j) DEFINITIONS.—In this section: 
(1) COMMERCIAL MOTOR VEHICLE.—The term 
‘‘commercial motor vehicle’’ has the meaning given 
such term in section 31132 of title 49, United 
States Code. 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
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309 
(A) a State; 
(B) a metropolitan planning organization; 
(C) a unit of local government; 
(D) a political subdivision of a State or 
local government carrying out responsibilities 
relating to commercial motor vehicle parking; 
and 
(E) a multistate or multijurisdictional 
group of entities described in subparagraphs 
(A) through (D). 
(3) SAFETY
REST
AREA.—The term ‘‘safety 
rest area’’ has the meaning given such term in sec-
tion 120(c) of title 23, United States Code. 
SEC. 
1309. 
ACTIVE 
TRANSPORTATION 
CONNECTIVITY 
GRANT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish an active transportation connectivity 
grant program to provide for safe and connected active 
transportation facilities. 
(b) GRANT AUTHORITY.—In carrying out the pro-
gram established in subsection (a), the Secretary shall 
make grants, on a competitive basis, in accordance with 
this section. 
(c) ELIGIBLE
APPLICANTS.—The Secretary may 
make a grant under this section to— 
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(1) a State; 
(2) a metropolitan planning organization; 
(3) a regional transportation authority; 
(4) a unit of local government; 
(5) a Federal land management agency; 
(6) a natural resource or public land agency; 
(7) a Tribal government or a consortium of 
Tribal governments; 
(8) any local or regional governmental entity 
with responsibility for or oversight of transportation 
or recreational trails; and 
(9) a multistate or multijurisdictional group of 
entities described in this subsection. 
(d) APPLICATIONS.—To be eligible for a grant under 
this section, an entity specified under subsection (c) shall 
submit to the Secretary an application in such form, at 
such time, and containing such information as the Sec-
retary determines is appropriate. 
(e) ELIGIBLE PROJECTS.—The Secretary shall pro-
vide grants under this section to projects that improve the 
connectivity and the use of active transportation facili-
ties— 
(1) including— 
(A) active transportation networks; 
(B) active transportation spines; and 
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311 
(C) planning related to the development 
of— 
(i) active transportation networks; 
(ii) active transportation spines; and 
(iii) complete streets plans to create a 
connected network of active transportation 
facilities, including sidewalks, bikeways, or 
pedestrian and bicycle trails; and 
(2) that have— 
(A) total project costs of not less than 
$15,000,000; or 
(B) in the case of planning grants under 
subsection (f), a total cost of not less than 
$100,000. 
(f) PLANNING GRANTS.—Of the amounts made avail-
able to carry out this section, the Secretary may use not 
more than 10 percent to provide planning grants to eligi-
ble applicants for activities under subsection (e)(1)(C). 
(g) CONSIDERATIONS.—In making grants under this 
section, the Secretary shall consider the extent to which— 
(1) a project is likely to provide substantial ad-
ditional opportunities for walking and bicycling, in-
cluding through the creation of— 
(A) active transportation networks con-
necting destinations within or between commu-
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312 
nities, including schools, workplaces, residences, 
businesses, recreation areas, and other commu-
nity areas; and 
(B) active transportation spines connecting 
2 or more communities, metropolitan areas, or 
States; 
(2) an applicant has adequately considered or 
will consider, including through the opportunity for 
public comment, the environmental justice and eq-
uity impacts of the project; 
(3) the project would improve safety for vulner-
able road users, including through the use of com-
plete street design policies or a safe system ap-
proach; and 
(4) a project integrates active transportation fa-
cilities with public transportation services, where 
available, to improve access to public transportation. 
(h) LIMITATION.— 
(1) IN GENERAL.—The share of the cost of a 
project assisted with a grant under this section may 
not exceed 80 percent. 
(2) MAXIMUM FEDERAL ASSISTANCE.—Federal 
assistance other than a grant under this section may 
be used to satisfy up to 100 percent of the total 
project cost. 
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313 
(i) ELIGIBLE
PROJECT
COSTS.—Amounts made 
available for a project under this section may be used 
for— 
(1) development phase activities, including plan-
ning, feasibility analysis, revenue forecasting, envi-
ronmental review, preliminary engineering and de-
sign work, and other preconstruction activities; and 
(2) construction, reconstruction, rehabilitation, 
acquisition of real property (including land related 
to the project and improvements to the land), envi-
ronmental mitigation, construction contingencies, ac-
quisition of equipment, and operational improve-
ments. 
(j) NOTIFICATION.—Not later than 3 business days 
before awarding a grant under this section, the Secretary 
of Transportation shall notify the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of 
the Senate of the intention to award such a grant. 
(k) TREATMENT
OF PROJECTS.—Notwithstanding 
any other provision of law, a project carried out under this 
section shall be treated in the manner described under sec-
tion 133(i) of title 23, United States Code. 
(l) DEFINITIONS.—In this section: 
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314 
(1) ACTIVE TRANSPORTATION.—The term ‘‘ac-
tive transportation’’ means mobility options powered 
primarily by human energy, including bicycling and 
walking. 
(2) ACTIVE TRANSPORTATION NETWORK.—The 
term ‘‘active transportation network’’ means facili-
ties built for active transportation, including side-
walks, bikeways, and pedestrian and bicycle trails, 
that connect destinations within a community, a 
metropolitan area, or on Federal lands. 
(3) ACTIVE
TRANSPORTATION
SPINE.—The 
term ‘‘active transportation spine’’ means facilities 
built for active transportation, including sidewalks, 
bikeways, and pedestrian and bicycle trails, that con-
nect communities, metropolitan areas, Federal lands, 
or States. 
(4) SAFE SYSTEM APPROACH.—The term ‘‘safe 
system approach’’ has the meaning given such term 
in section 148(a) of title 23, United States Code. 
(5) VULNERABLE ROAD USER.—The term ‘‘vul-
nerable road user’’ has the meaning given such term 
in section 148(a) of title 23, United States Code. 
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315 
Subtitle D—Planning, Performance 
Management, and Asset Man-
agement 
SEC. 1401. METROPOLITAN TRANSPORTATION PLANNING. 
Section 134 of title 23, United States Code, is 
amended— 
(1) in subsection (a) by striking ‘‘resiliency 
needs while minimizing transportation-related fuel 
consumption and air pollution’’ and inserting ‘‘resil-
iency and climate change adaptation needs while re-
ducing transportation-related fuel consumption, air 
pollution, and greenhouse gas emissions’’; 
(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: 
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‘‘(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 MAP–21, each’’ and inserting ‘‘Each’’; 
(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 
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317 
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)— 
(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: 
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‘‘(4) COORDINATION BETWEEN MPOS.— 
‘‘(A) IN GENERAL.—If more than 1 metro-
politan 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 
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 
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319 
patterns, including housing and land use pat-
terns;’’; 
(B) in subparagraph (I)— 
(i) by inserting ‘‘, sea level rise, ex-
treme weather, and climate change’’ after 
‘‘stormwater’’; and 
(ii) by striking ‘‘and’’ at the end; 
(C) by redesignating subparagraph (J) as 
subparagraph (L); 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’’; 
(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-
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320 
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— 
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321 
‘‘(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 
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322 
(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) by striking ‘‘transportation 
improvement program’’ and inserting ‘‘TIP’’ each 
place it appears; and 
(10) by striking ‘‘Federally’’ each place it ap-
pears and inserting ‘‘federally’’. 
SEC. 1402. STATEWIDE AND NONMETROPOLITAN TRANS-
PORTATION PLANNING. 
Section 135 of title 23, United States Code, is 
amended— 
(1) in subsection (a)— 
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(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’’; 
(2) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (E)— 
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324 
(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 (L); 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; and’’; 
(B) in paragraph (2)— 
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325 
(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(c); 
and 
‘‘(iv) the general purposes described 
in section 5301 of title 49.’’; and 
(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’’; 
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326 
(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 
‘‘(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’’; 
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327 
(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-
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,’’; 
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(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’’ 
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’’ 
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329 
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 under this title’’; and 
(ii) in subparagraph (B)— 
(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 
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330 
(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 
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 
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(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-
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-
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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-
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-
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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 
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 
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transportation, that would result from new 
transportation investments; and 
‘‘(B) the level of transportation system ac-
cess for economically disadvantaged commu-
nities, including to affordable housing. 
‘‘(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)— 
(A) by striking ‘‘PERFORMANCE TARGET 
ACHIEVEMENT’’ 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 
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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)— 
(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-
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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 
(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’’; 
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(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 
‘‘(E) the progress of implementing the 
measure established under section 150(f) and 
related requirements under this section and sec-
tion 135.’’. 
(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’’ 
and 
inserting 
‘‘PERFORMANCE 
MANAGEMENT’’; 
(2) by striking ‘‘shall include, to the maximum 
extent practicable, a discussion’’ and inserting the 
following: ‘‘shall include— 
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‘‘(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 the day before the 
first day of the subsequent performance period established 
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 
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 
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and metropolitan planning organizations to use to 
assess the level of transportation system access for 
various modes of travel, consistent with sections 
134, 135, and 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) metropolitan planning organizations 
representing transportation management areas 
(as those terms are defined in section 134 of 
title 23, United States Code); 
(D) other metropolitan planning organiza-
tions or local governments; 
(E) providers of public transportation; 
(F) nonprofit entities related to transpor-
tation, including relevant safety groups; 
(G) experts in the field of transportation 
access data; and 
(H) any other stakeholders, as determined 
by the Secretary. 
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(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 sec-
tions 134, 135, and 150(f) of title 23, United 
States Code. 
(B) PUBLICATION.—Not later than 30 
days after the date on which the Secretary re-
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 sections 134, 135, and 150(f) of title 
23, United States Code. 
(5) TERMINATION.—The Secretary shall termi-
nate the working group established pursuant to 
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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. 
(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. 
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(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 micomobility). 
(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; 
(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. 
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(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. 
(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; 
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(B) compare the transportation demand 
forecasts with the observed transportation de-
mand data gathered under subparagraph (A); 
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-
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 
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(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-
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. 
(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). 
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(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. 
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’’; 
and 
(2) in subsection (c)(2) by adding at the end 
the following: 
‘‘(C) TIFIA.—Funds provided under this 
subsection shall not be considered Federal as-
sistance for purposes of section 603(b)(9), as 
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provided under subparagraph (C) of such sec-
tion.’’. 
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-
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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.—Before 
making any distribution under subsection (b), the Sec-
retary 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 Projects 
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349 
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-
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tation program under section 202 of title 23, United 
States Code.’’. 
SEC. 1504. FEDERAL LANDS TRANSPORTATION PROGRAM. 
Section 203(a) of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(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 to the Federal 
Highway Administration, under the au-
thority of section 104, a portion of such 
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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. 
‘‘(E) DEFINITIONS.—In this paragraph: 
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‘‘(i) COVERED
AGENCY.—The term 
‘covered agency’ means a Federal agency 
eligible to receive funds under this section 
or section, section 203, or section 204. 
‘‘(ii) HIGH-COMMUTER
CORRIDOR.— 
The term ‘high-commuter corridor’ means 
a Federal lands transportation facility that 
has average annual daily traffic of not less 
than 20,000 vehicles.’’. 
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 
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