In the Senate of the United States, 
August 10, 2021. 
Resolved, That the bill from the House of Representa-
tives (H.R. 3684) entitled ‘‘An Act to authorize funds for 
Federal-aid highways, highway safety programs, and transit 
programs, and for other purposes.’’, do pass with the fol-
lowing 
AMENDMENT: 
Strike all after the enacting clause and insert the 
following: 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘In-
frastructure Investment and Jobs Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References. 
DIVISION A—SURFACE TRANSPORTATION 
Sec. 10001. Short title. 
Sec. 10002. Definitions. 
Sec. 10003. Effective date.
† HR 3684 EAS 
TITLE I—FEDERAL-AID HIGHWAYS 
Subtitle A—Authorizations and Programs 
Sec. 11101. Authorization of appropriations. 
Sec. 11102. Obligation ceiling. 
Sec. 11103. Definitions. 
Sec. 11104. Apportionment. 
Sec. 11105. National highway performance program. 
Sec. 11106. Emergency relief. 
Sec. 11107. Federal share payable. 
Sec. 11108. Railway-highway grade crossings. 
Sec. 11109. Surface transportation block grant program. 
Sec. 11110. Nationally significant freight and highway projects. 
Sec. 11111. Highway safety improvement program. 
Sec. 11112. Federal lands transportation program. 
Sec. 11113. Federal lands access program. 
Sec. 11114. National highway freight program. 
Sec. 11115. Congestion mitigation and air quality improvement program. 
Sec. 11116. Alaska Highway. 
Sec. 11117. Toll roads, bridges, tunnels, and ferries. 
Sec. 11118. Bridge investment program. 
Sec. 11119. Safe routes to school. 
Sec. 11120. Highway use tax evasion projects. 
Sec. 11121. Construction of ferry boats and ferry terminal facilities. 
Sec. 11122. Vulnerable road user research. 
Sec. 11123. Wildlife crossing safety. 
Sec. 11124. Consolidation of programs. 
Sec. 11125. GAO report. 
Sec. 11126. Territorial and Puerto Rico highway program. 
Sec. 11127. Nationally significant Federal lands and Tribal projects program. 
Sec. 11128. Tribal high priority projects program. 
Sec. 11129. Standards. 
Sec. 11130. Public transportation. 
Sec. 11131. Reservation of certain funds. 
Sec. 11132. Rural surface transportation grant program. 
Sec. 11133. Bicycle transportation and pedestrian walkways. 
Sec. 11134. Recreational trails program. 
Sec. 11135. Updates to Manual on Uniform Traffic Control Devices. 
Subtitle B—Planning and Performance Management 
Sec. 11201. Transportation planning. 
Sec. 11202. Fiscal constraint on long-range transportation plans. 
Sec. 11203. State human capital plans. 
Sec. 11204. Prioritization process pilot program. 
Sec. 11205. Travel demand data and modeling. 
Sec. 11206. Increasing safe and accessible transportation options. 
Subtitle C—Project Delivery and Process Improvement 
Sec. 11301. Codification of One Federal Decision. 
Sec. 11302. Work zone process reviews. 
Sec. 11303. Transportation management plans. 
Sec. 11304. Intelligent transportation systems. 
Sec. 11305. Alternative contracting methods.
† HR 3684 EAS 
Sec. 11306. Flexibility for projects. 
Sec. 11307. Improved Federal-State stewardship and oversight agreements. 
Sec. 11308. Geomatic data. 
Sec. 11309. Evaluation of projects within an operational right-of-way. 
Sec. 11310. Preliminary engineering. 
Sec. 11311. Efficient implementation of NEPA for Federal land management 
projects. 
Sec. 11312. National Environmental Policy Act of 1969 reporting program. 
Sec. 11313. Surface transportation project delivery program written agreements. 
Sec. 11314. State assumption of responsibility for categorical exclusions. 
Sec. 11315. Early utility relocation prior to transportation project environmental 
review. 
Sec. 11316. Streamlining of section 4(f) reviews. 
Sec. 11317. Categorical exclusion for projects of limited Federal assistance. 
Sec. 11318. Certain gathering lines located on Federal land and Indian land. 
Sec. 11319. Annual report. 
Subtitle D—Climate Change 
Sec. 11401. Grants for charging and fueling infrastructure. 
Sec. 11402. Reduction of truck emissions at port facilities. 
Sec. 11403. Carbon reduction program. 
Sec. 11404. Congestion relief program. 
Sec. 11405. Promoting Resilient Operations for Transformative, Efficient, and 
Cost-saving Transportation (PROTECT) program. 
Sec. 11406. Healthy Streets program. 
Subtitle E—Miscellaneous 
Sec. 11501. Additional deposits into Highway Trust Fund. 
Sec. 11502. Stopping threats on pedestrians. 
Sec. 11503. Transfer and sale of toll credits. 
Sec. 11504. Study of impacts on roads from self-driving vehicles. 
Sec. 11505. Disaster relief mobilization study. 
Sec. 11506. Appalachian Regional Commission. 
Sec. 11507. Denali Commission. 
Sec. 11508. Requirements for transportation projects carried out through public- 
private partnerships. 
Sec. 11509. Reconnecting communities pilot program. 
Sec. 11510. Cybersecurity tool; cyber coordinator. 
Sec. 11511. Report on emerging alternative fuel vehicles and infrastructure. 
Sec. 11512. Nonhighway recreational fuel study. 
Sec. 11513. Buy America. 
Sec. 11514. High priority corridors on the National Highway System. 
Sec. 11515. Interstate weight limits. 
Sec. 11516. Report on air quality improvements. 
Sec. 11517. Roadside highway safety hardware. 
Sec. 11518. Permeable pavements study. 
Sec. 11519. Emergency relief projects. 
Sec. 11520. Study on stormwater best management practices. 
Sec. 11521. Stormwater best management practices reports. 
Sec. 11522. Invasive plant elimination program. 
Sec. 11523. Over-the-road bus tolling equity. 
Sec. 11524. Bridge terminology. 
Sec. 11525. Technical corrections. 
Sec. 11526. Working group on covered resources.
† HR 3684 EAS 
Sec. 11527. Blood transport vehicles. 
Sec. 11528. Pollinator-friendly practices on roadsides and highway rights-of-way. 
Sec. 11529. Active transportation infrastructure investment program. 
Sec. 11530. Highway cost allocation study. 
TITLE II—TRANSPORTATION INFRASTRUCTURE FINANCE AND 
INNOVATION 
Sec. 12001. Transportation Infrastructure Finance and Innovation Act of 1998 
amendments. 
Sec. 12002. Federal requirements for TIFIA eligibility and project selection. 
TITLE III—RESEARCH, TECHNOLOGY, AND EDUCATION 
Sec. 13001. Strategic innovation for revenue collection. 
Sec. 13002. National motor vehicle per-mile user fee pilot. 
Sec. 13003. Performance management data support program. 
Sec. 13004. Data integration pilot program. 
Sec. 13005. Emerging technology research pilot program. 
Sec. 13006. Research and technology development and deployment. 
Sec. 13007. Workforce development, training, and education. 
Sec. 13008. Wildlife-vehicle collision research. 
Sec. 13009. Transportation Resilience and Adaptation Centers of Excellence. 
Sec. 13010. Transportation access pilot program. 
TITLE IV—INDIAN AFFAIRS 
Sec. 14001. Definition of Secretary. 
Sec. 14002. Environmental reviews for certain tribal transportation facilities. 
Sec. 14003. Programmatic agreements for tribal categorical exclusions. 
Sec. 14004. Use of certain tribal transportation funds. 
Sec. 14005. Bureau of Indian Affairs road maintenance program. 
Sec. 14006. Study of road maintenance on Indian land. 
Sec. 14007. Maintenance of certain Indian reservation roads. 
Sec. 14008. Tribal transportation safety needs. 
Sec. 14009. Office of Tribal Government Affairs. 
DIVISION B—SURFACE TRANSPORTATION INVESTMENT ACT OF 2021 
Sec. 20001. Short title. 
Sec. 20002. Definitions. 
TITLE I—MULTIMODAL AND FREIGHT TRANSPORTATION 
Subtitle A—Multimodal Freight Policy 
Sec. 21101. Office of Multimodal Freight Infrastructure and Policy. 
Sec. 21102. Updates to National Freight Plan. 
Sec. 21103. State collaboration with National Multimodal Freight Network. 
Sec. 21104. Improving State freight plans. 
Sec. 21105. Implementation of National Multimodal Freight Network. 
Sec. 21106. Multi-State freight corridor planning. 
Sec. 21107. State freight advisory committees. 
Subtitle B—Multimodal Investment 
Sec. 21201. National infrastructure project assistance. 
Sec. 21202. Local and regional project assistance.
† HR 3684 EAS 
Sec. 21203. National culvert removal, replacement, and restoration grant pro-
gram. 
Sec. 21204. National multimodal cooperative freight research program. 
Sec. 21205. Rural and Tribal infrastructure advancement. 
Subtitle C—Railroad Rehabilitation and Improvement Financing Reforms 
Sec. 21301. RRIF codification and reforms. 
Sec. 21302. Substantive criteria and standards. 
Sec. 21303. Semiannual report on transit-oriented development eligibility. 
TITLE II—RAIL 
Sec. 22001. Short title. 
Subtitle A—Authorization of Appropriations 
Sec. 22101. Grants to Amtrak. 
Sec. 22102. Federal Railroad Administration. 
Sec. 22103. Consolidated rail infrastructure and safety improvements grants. 
Sec. 22104. Railroad crossing elimination program. 
Sec. 22105. Restoration and enhancement grants. 
Sec. 22106. Federal-State partnership for intercity passenger rail grants. 
Sec. 22107. Amtrak Office of Inspector General. 
Subtitle B—Amtrak Reforms 
Sec. 22201. Amtrak findings, mission, and goals. 
Sec. 22202. Composition of Amtrak’s Board of Directors. 
Sec. 22203. Station agents. 
Sec. 22204. Increasing oversight of changes to Amtrak long-distance routes and 
other intercity services. 
Sec. 22205. Improved oversight of Amtrak accounting. 
Sec. 22206. Improved oversight of Amtrak spending. 
Sec. 22207. Increasing service line and asset line plan transparency. 
Sec. 22208. Passenger experience enhancement. 
Sec. 22209. Amtrak smoking policy. 
Sec. 22210. Protecting Amtrak routes through rural communities. 
Sec. 22211. State-Supported Route Committee. 
Sec. 22212. Enhancing cross border service. 
Sec. 22213. Creating quality jobs. 
Sec. 22214. Amtrak daily long-distance service study. 
Subtitle C—Intercity Passenger Rail Policy 
Sec. 22301. Northeast Corridor planning. 
Sec. 22302. Northeast Corridor Commission. 
Sec. 22303. Consolidated rail infrastructure and safety improvements. 
Sec. 22304. Restoration and enhancement grants. 
Sec. 22305. Railroad crossing elimination program. 
Sec. 22306. Interstate rail compacts. 
Sec. 22307. Federal-State partnership for intercity passenger rail grants. 
Sec. 22308. Corridor identification and development program. 
Sec. 22309. Surface Transportation Board passenger rail program. 
Subtitle D—Rail Safety 
Sec. 22401. Railway-highway crossings program evaluation.
† HR 3684 EAS 
Sec. 22402. Grade crossing accident prediction model. 
Sec. 22403. Periodic updates to highway-rail crossing reports and plans. 
Sec. 22404. Blocked crossing portal. 
Sec. 22405. Data accessibility. 
Sec. 22406. Emergency lighting. 
Sec. 22407. Comprehensive rail safety review of Amtrak. 
Sec. 22408. Completion of hours of service and fatigue studies. 
Sec. 22409. Positive train control study. 
Sec. 22410. Operating crew member training, qualification, and certification. 
Sec. 22411. Transparency and safety. 
Sec. 22412. Research and development. 
Sec. 22413. Rail research and development center of excellence. 
Sec. 22414. Quarterly report on positive train control system performance. 
Sec. 22415. Speed limit action plans. 
Sec. 22416. New passenger service pre-revenue safety validation plan. 
Sec. 22417. Federal Railroad Administration accident and incident investiga-
tions. 
Sec. 22418. Civil penalty enforcement authority. 
Sec. 22419. Advancing safety and innovative technology. 
Sec. 22420. Passenger rail vehicle occupant protection systems. 
Sec. 22421. Federal Railroad Administration reporting requirements. 
Sec. 22422. National Academies study on trains longer than 7,500 feet. 
Sec. 22423. High-speed train noise emissions. 
Sec. 22424. Critical incident stress plans. 
Sec. 22425. Requirements for railroad freight cars placed into service in the 
United States. 
Sec. 22426. Railroad point of contact for public safety issues. 
Sec. 22427. Controlled substances testing for mechanical employees. 
TITLE III—MOTOR CARRIER SAFETY 
Sec. 23001. Authorization of appropriations. 
Sec. 23002. Motor carrier safety advisory committee. 
Sec. 23003. Combating human trafficking. 
Sec. 23004. Immobilization grant program. 
Sec. 23005. Commercial motor vehicle enforcement training and support. 
Sec. 23006. Study of commercial motor vehicle crash causation. 
Sec. 23007. Promoting women in the trucking workforce. 
Sec. 23008. State inspection of passenger-carrying commercial motor vehicles. 
Sec. 23009. Truck Leasing Task Force. 
Sec. 23010. Automatic emergency braking. 
Sec. 23011. Underride protection. 
Sec. 23012. Providers of recreational activities. 
Sec. 23013. Amendments to regulations relating to transportation of household 
goods in interstate commerce. 
Sec. 23014. Improving Federal-State motor carrier safety enforcement coordina-
tion. 
Sec. 23015. Limousine research. 
Sec. 23016. National Consumer Complaint Database. 
Sec. 23017. Electronic logging device oversight. 
Sec. 23018. Transportation of agricultural commodities and farm supplies. 
Sec. 23019. Modification of restrictions on certain commercial driver’s licenses. 
Sec. 23020. Report on human trafficking violations involving commercial motor 
vehicles. 
Sec. 23021. Broker guidance relating to Federal motor carrier safety regulations.
† HR 3684 EAS 
Sec. 23022. Apprenticeship pilot program. 
Sec. 23023. Limousine compliance with Federal safety standards. 
TITLE IV—HIGHWAY AND MOTOR VEHICLE SAFETY 
Subtitle A—Highway Traffic Safety 
Sec. 24101. Authorization of appropriations. 
Sec. 24102. Highway safety programs. 
Sec. 24103. Highway safety research and development. 
Sec. 24104. High-visibility enforcement programs. 
Sec. 24105. National priority safety programs. 
Sec. 24106. Multiple substance-impaired driving prevention. 
Sec. 24107. Minimum penalties for repeat offenders for driving while intoxicated 
or driving under the influence. 
Sec. 24108. Crash data. 
Sec. 24109. Review of Move Over or Slow Down Law public awareness. 
Sec. 24110. Review of laws, safety measures, and technologies relating to school 
buses. 
Sec. 24111. Motorcyclist Advisory Council. 
Sec. 24112. Safe Streets and Roads for All grant program. 
Sec. 24113. Implementation of GAO recommendations. 
Subtitle B—Vehicle Safety 
Sec. 24201. Authorization of appropriations. 
Sec. 24202. Recall completion. 
Sec. 24203. Recall engagement. 
Sec. 24204. Motor vehicle seat back safety standards. 
Sec. 24205. Automatic shutoff. 
Sec. 24206. Petitions by interested persons for standards and enforcement. 
Sec. 24207. Child safety seat accessibility study. 
Sec. 24208. Crash avoidance technology. 
Sec. 24209. Reduction of driver distraction. 
Sec. 24210. Rulemaking report. 
Sec. 24211. Global harmonization. 
Sec. 24212. Headlamps. 
Sec. 24213. New Car Assessment Program. 
Sec. 24214. Hood and bumper standards. 
Sec. 24215. Emergency medical services and 9–1–1. 
Sec. 24216. Early warning reporting. 
Sec. 24217. Improved vehicle safety databases. 
Sec. 24218. National Driver Register Advisory Committee repeal. 
Sec. 24219. Research on connected vehicle technology. 
Sec. 24220. Advanced impaired driving technology. 
Sec. 24221. GAO report on crash dummies. 
Sec. 24222. Child safety. 
TITLE V—RESEARCH AND INNOVATION 
Sec. 25001. Intelligent Transportation Systems Program Advisory Committee. 
Sec. 25002. Smart Community Resource Center. 
Sec. 25003. Federal support for local decisionmaking. 
Sec. 25004. Bureau of Transportation Statistics. 
Sec. 25005. Strengthening mobility and revolutionizing transportation grant pro-
gram. 
Sec. 25006. Electric vehicle working group.
† HR 3684 EAS 
Sec. 25007. Risk and system resilience. 
Sec. 25008. Coordination on emerging transportation technology. 
Sec. 25009. Interagency Infrastructure Permitting Improvement Center. 
Sec. 25010. Rural opportunities to use transportation for economic success initia-
tive. 
Sec. 25011. Safety data initiative. 
Sec. 25012. Advanced transportation research. 
Sec. 25013. Open research initiative. 
Sec. 25014. Transportation research and development 5-year strategic plan. 
Sec. 25015. Research planning modifications. 
Sec. 25016. Incorporation of Department of Transportation research. 
Sec. 25017. University transportation centers program. 
Sec. 25018. National travel and tourism infrastructure strategic plan. 
Sec. 25019. Local hiring preference for construction jobs. 
Sec. 25020. Transportation workforce development. 
Sec. 25021. Intermodal Transportation Advisory Board repeal. 
Sec. 25022. GAO cybersecurity recommendations. 
Sec. 25023. Volpe oversight. 
Sec. 25024. Modifications to grant program. 
Sec. 25025. Drug-impaired driving data collection. 
Sec. 25026. Report on marijuana research. 
Sec. 25027. GAO study on improving the efficiency of traffic systems. 
TITLE VI—HAZARDOUS MATERIALS 
Sec. 26001. Authorization of appropriations. 
Sec. 26002. Assistance for local emergency response training grant program. 
Sec. 26003. Real-time emergency response information. 
TITLE VII—GENERAL PROVISIONS 
Sec. 27001. Performance measurement, transparency, and accountability. 
Sec. 27002. Coordination regarding forced labor. 
Sec. 27003. Department of Transportation spectrum audit. 
Sec. 27004. Study and reports on the travel and tourism activities of the Depart-
ment. 
TITLE VIII—SPORT FISH RESTORATION AND RECREATIONAL 
BOATING SAFETY 
Sec. 28001. Sport fish restoration and recreational boating safety. 
DIVISION C—TRANSIT 
Sec. 30001. Definitions. 
Sec. 30002. Metropolitan transportation planning. 
Sec. 30003. Statewide and nonmetropolitan transportation planning. 
Sec. 30004. Planning programs. 
Sec. 30005. Fixed guideway capital investment grants. 
Sec. 30006. Formula grants for rural areas. 
Sec. 30007. Public transportation innovation. 
Sec. 30008. Bus testing facilities. 
Sec. 30009. Transit-oriented development. 
Sec. 30010. General provisions. 
Sec. 30011. Public transportation emergency relief program. 
Sec. 30012. Public transportation safety program. 
Sec. 30013. Administrative provisions.
† HR 3684 EAS 
Sec. 30014. National transit database. 
Sec. 30015. Apportionment of appropriations for formula grants. 
Sec. 30016. State of good repair grants. 
Sec. 30017. Authorizations. 
Sec. 30018. Grants for buses and bus facilities. 
Sec. 30019. Washington Metropolitan Area Transit Authority safety, account-
ability, and investment. 
DIVISION D—ENERGY 
Sec. 40001. Definitions. 
TITLE I—GRID INFRASTRUCTURE AND RESILIENCY 
Subtitle A—Grid Infrastructure Resilience and Reliability 
Sec. 40101. Preventing outages and enhancing the resilience of the electric grid. 
Sec. 40102. Hazard mitigation using disaster assistance. 
Sec. 40103. Electric grid reliability and resilience research, development, and 
demonstration. 
Sec. 40104. Utility demand response. 
Sec. 40105. Siting of interstate electric transmission facilities. 
Sec. 40106. Transmission facilitation program. 
Sec. 40107. Deployment of technologies to enhance grid flexibility. 
Sec. 40108. State energy security plans. 
Sec. 40109. State energy program. 
Sec. 40110. Power marketing administration transmission borrowing authority. 
Sec. 40111. Study of codes and standards for use of energy storage systems across 
sectors. 
Sec. 40112. Demonstration of electric vehicle battery second-life applications for 
grid services. 
Sec. 40113. Columbia Basin power management. 
Subtitle B—Cybersecurity 
Sec. 40121. Enhancing grid security through public-private partnerships. 
Sec. 40122. Energy Cyber Sense program. 
Sec. 40123. Incentives for advanced cybersecurity technology investment. 
Sec. 40124. Rural and municipal utility advanced cybersecurity grant and tech-
nical assistance program. 
Sec. 40125. Enhanced grid security. 
Sec. 40126. Cybersecurity plan. 
Sec. 40127. Savings provision. 
TITLE II—SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES 
Sec. 40201. Earth Mapping Resources Initiative. 
Sec. 40202. National Cooperative Geologic Mapping Program. 
Sec. 40203. National Geological and Geophysical Data Preservation Program. 
Sec. 40204. USGS energy and minerals research facility. 
Sec. 40205. Rare earth elements demonstration facility. 
Sec. 40206. Critical minerals supply chains and reliability. 
Sec. 40207. Battery processing and manufacturing. 
Sec. 40208. Electric drive vehicle battery recycling and second-life applications 
program. 
Sec. 40209. Advanced energy manufacturing and recycling grant program. 
Sec. 40210. Critical minerals mining and recycling research.
† HR 3684 EAS 
Sec. 40211. 21st Century Energy Workforce Advisory Board. 
TITLE III—FUELS AND TECHNOLOGY INFRASTRUCTURE 
INVESTMENTS 
Subtitle A—Carbon Capture, Utilization, Storage, and Transportation 
Infrastructure 
Sec. 40301. Findings. 
Sec. 40302. Carbon utilization program. 
Sec. 40303. Carbon capture technology program. 
Sec. 40304. Carbon dioxide transportation infrastructure finance and innovation. 
Sec. 40305. Carbon storage validation and testing. 
Sec. 40306. Secure geologic storage permitting. 
Sec. 40307. Geologic carbon sequestration on the outer Continental Shelf. 
Sec. 40308. Carbon removal. 
Subtitle B—Hydrogen Research and Development 
Sec. 40311. Findings; purpose. 
Sec. 40312. Definitions. 
Sec. 40313. Clean hydrogen research and development program. 
Sec. 40314. Additional clean hydrogen programs. 
Sec. 40315. Clean hydrogen production qualifications. 
Subtitle C—Nuclear Energy Infrastructure 
Sec. 40321. Infrastructure planning for micro and small modular nuclear reac-
tors. 
Sec. 40322. Property interests relating to certain projects and protection of infor-
mation relating to certain agreements. 
Sec. 40323. Civil nuclear credit program. 
Subtitle D—Hydropower 
Sec. 40331. Hydroelectric production incentives. 
Sec. 40332. Hydroelectric efficiency improvement incentives. 
Sec. 40333. Maintaining and enhancing hydroelectricity incentives. 
Sec. 40334. Pumped storage hydropower wind and solar integration and system 
reliability initiative. 
Sec. 40335. Authority for pumped storage hydropower development using mul-
tiple Bureau of Reclamation reservoirs. 
Sec. 40336. Limitations on issuance of certain leases of power privilege. 
Subtitle E—Miscellaneous 
Sec. 40341. Solar energy technologies on current and former mine land. 
Sec. 40342. Clean energy demonstration program on current and former mine 
land. 
Sec. 40343. Leases, easements, and rights-of-way for energy and related purposes 
on the outer Continental Shelf. 
TITLE IV—ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND 
DATA COLLECTION 
Subtitle A—Department of Energy Loan Program 
Sec. 40401. Department of Energy loan programs.
† HR 3684 EAS 
Subtitle B—Energy Information Administration 
Sec. 40411. Definitions. 
Sec. 40412. Data collection in the electricity sector. 
Sec. 40413. Expansion of energy consumption surveys. 
Sec. 40414. Data collection on electric vehicle integration with the electricity 
grids. 
Sec. 40415. Plan for the modeling and forecasting of demand for minerals used 
in the energy sector. 
Sec. 40416. Expansion of international energy data. 
Sec. 40417. Plan for the National Energy Modeling System. 
Sec. 40418. Report on costs of carbon abatement in the electricity sector. 
Sec. 40419. Harmonization of efforts and data. 
Subtitle C—Miscellaneous 
Sec. 40431. Consideration of measures to promote greater electrification of the 
transportation sector. 
Sec. 40432. Office of public participation. 
Sec. 40433. Digital climate solutions report. 
Sec. 40434. Study and report by the Secretary of Energy on job loss and impacts 
on consumer energy costs due to the revocation of the permit for 
the Keystone XL pipeline. 
Sec. 40435. Study on impact of electric vehicles. 
Sec. 40436. Study on impact of forced labor in China on the electric vehicle sup-
ply chain. 
TITLE V—ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE 
Subtitle A—Residential and Commercial Energy Efficiency 
Sec. 40501. Definitions. 
Sec. 40502. Energy efficiency revolving loan fund capitalization grant program. 
Sec. 40503. Energy auditor training grant program. 
Subtitle B—Buildings 
Sec. 40511. Cost-effective codes implementation for efficiency and resilience. 
Sec. 40512. Building, training, and assessment centers. 
Sec. 40513. Career skills training. 
Sec. 40514. Commercial building energy consumption information sharing. 
Subtitle C—Industrial Energy Efficiency 
PART I—INDUSTRY 
Sec. 40521. Future of industry program and industrial research and assessment 
centers. 
Sec. 40522. Sustainable manufacturing initiative. 
PART II—SMART MANUFACTURING 
Sec. 40531. Definitions. 
Sec. 40532. Leveraging existing agency programs to assist small and medium 
manufacturers. 
Sec. 40533. Leveraging smart manufacturing infrastructure at National Labora-
tories. 
Sec. 40534. State manufacturing leadership.
† HR 3684 EAS 
Sec. 40535. Report. 
Subtitle D—Schools and Nonprofits 
Sec. 40541. Grants for energy efficiency improvements and renewable energy im-
provements at public school facilities. 
Sec. 40542. Energy efficiency materials pilot program. 
Subtitle E—Miscellaneous 
Sec. 40551. Weatherization assistance program. 
Sec. 40552. Energy Efficiency and Conservation Block Grant Program. 
Sec. 40553. Survey, analysis, and report on employment and demographics in the 
energy, energy efficiency, and motor vehicle sectors of the United 
States. 
Sec. 40554. Assisting Federal Facilities with Energy Conservation Technologies 
grant program. 
Sec. 40555. Rebates. 
Sec. 40556. Model guidance for combined heat and power systems and waste heat 
to power systems. 
TITLE VI—METHANE REDUCTION INFRASTRUCTURE 
Sec. 40601. Orphaned well site plugging, remediation, and restoration. 
TITLE VII—ABANDONED MINE LAND RECLAMATION 
Sec. 40701. Abandoned Mine Reclamation Fund authorization of appropriations. 
Sec. 40702. Abandoned mine reclamation fee. 
Sec. 40703. Amounts distributed from Abandoned Mine Reclamation Fund. 
Sec. 40704. Abandoned hardrock mine reclamation. 
TITLE VIII—NATURAL RESOURCES-RELATED INFRASTRUCTURE, 
WILDFIRE MANAGEMENT, AND ECOSYSTEM RESTORATION 
Sec. 40801. Forest Service Legacy Road and Trail Remediation Program. 
Sec. 40802. Study and report on feasibility of revegetating reclaimed mine sites. 
Sec. 40803. Wildfire risk reduction. 
Sec. 40804. Ecosystem restoration. 
Sec. 40805. GAO study. 
Sec. 40806. Establishment of fuel breaks in forests and other wildland vegetation. 
Sec. 40807. Emergency actions. 
Sec. 40808. Joint Chiefs Landscape Restoration Partnership program. 
TITLE IX—WESTERN WATER INFRASTRUCTURE 
Sec. 40901. Authorizations of appropriations. 
Sec. 40902. Water storage, groundwater storage, and conveyance projects. 
Sec. 40903. Small water storage and groundwater storage projects. 
Sec. 40904. Critical maintenance and repair. 
Sec. 40905. Competitive grant program for large-scale water recycling and reuse 
program. 
Sec. 40906. Drought contingency plan funding requirements. 
Sec. 40907. Multi-benefit projects to improve watershed health. 
Sec. 40908. Eligible desalination projects. 
Sec. 40909. Clarification of authority to use coronavirus fiscal recovery funds to 
meet a non-Federal matching requirement for authorized Bureau 
of Reclamation water projects.
† HR 3684 EAS 
Sec. 40910. Federal assistance for groundwater recharge, aquifer storage, and 
water source substitution projects. 
TITLE X—AUTHORIZATION OF APPROPRIATIONS FOR ENERGY ACT 
OF 2020 
Sec. 41001. Energy storage demonstration projects. 
Sec. 41002. Advanced reactor demonstration program. 
Sec. 41003. Mineral security projects. 
Sec. 41004. Carbon capture demonstration and pilot programs. 
Sec. 41005. Direct air capture technologies prize competitions. 
Sec. 41006. Water power projects. 
Sec. 41007. Renewable energy projects. 
Sec. 41008. Industrial emissions demonstration projects. 
TITLE XI—WAGE RATE REQUIREMENTS 
Sec. 41101. Wage rate requirements. 
TITLE XII—MISCELLANEOUS 
Sec. 41201. Office of Clean Energy Demonstrations. 
Sec. 41202. Extension of Secure Rural Schools and Community Self-Determina-
tion Act of 2000. 
DIVISION E—DRINKING WATER AND WASTEWATER 
INFRASTRUCTURE 
Sec. 50001. Short title. 
Sec. 50002. Definition of Administrator. 
TITLE I—DRINKING WATER 
Sec. 50101. Technical assistance and grants for emergencies affecting public 
water systems. 
Sec. 50102. Drinking water State revolving loan funds. 
Sec. 50103. Source water petition program. 
Sec. 50104. Assistance for small and disadvantaged communities. 
Sec. 50105. Reducing lead in drinking water. 
Sec. 50106. Operational sustainability of small public water systems. 
Sec. 50107. Midsize and large drinking water system infrastructure resilience and 
sustainability program. 
Sec. 50108. Needs assessment for nationwide rural and urban low-income commu-
nity water assistance. 
Sec. 50109. Rural and low-income water assistance pilot program. 
Sec. 50110. Lead contamination in school drinking water. 
Sec. 50111. Indian reservation drinking water program. 
Sec. 50112. Advanced drinking water technologies. 
Sec. 50113. Cybersecurity support for public water systems. 
Sec. 50114. State response to contaminants. 
Sec. 50115. Annual study on boil water advisories. 
TITLE II—CLEAN WATER 
Sec. 50201. Research, investigations, training, and information. 
Sec. 50202. Wastewater efficiency grant pilot program. 
Sec. 50203. Pilot program for alternative water source projects. 
Sec. 50204. Sewer overflow and stormwater reuse municipal grants.
† HR 3684 EAS 
Sec. 50205. Clean water infrastructure resiliency and sustainability program. 
Sec. 50206. Small and medium publicly owned treatment works circuit rider pro-
gram. 
Sec. 50207. Small publicly owned treatment works efficiency grant program. 
Sec. 50208. Grants for construction and refurbishing of individual household de-
centralized wastewater systems for individuals with low or mod-
erate income. 
Sec. 50209. Connection to publicly owned treatment works. 
Sec. 50210. Clean water State revolving funds. 
Sec. 50211. Water infrastructure and workforce investment. 
Sec. 50212. Grants to Alaska to improve sanitation in rural and Native villages. 
Sec. 50213. Water data sharing pilot program. 
Sec. 50214. Final rating opinion letters. 
Sec. 50215. Water infrastructure financing reauthorization. 
Sec. 50216. Small and disadvantaged community analysis. 
Sec. 50217. Stormwater infrastructure technology. 
Sec. 50218. Water Reuse Interagency Working Group. 
Sec. 50219. Advanced clean water technologies study. 
Sec. 50220. Clean watersheds needs survey. 
Sec. 50221. Water Resources Research Act amendments. 
Sec. 50222. Enhanced aquifer use and recharge. 
DIVISION F—BROADBAND 
TITLE I—BROADBAND GRANTS FOR STATES, DISTRICT OF 
COLUMBIA, PUERTO RICO, AND TERRITORIES 
Sec. 60101. Findings. 
Sec. 60102. Grants for broadband deployment. 
Sec. 60103. Broadband DATA maps. 
Sec. 60104. Report on future of Universal Service Fund. 
Sec. 60105. Broadband deployment locations map. 
TITLE II—TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS. 
Sec. 60201. Tribal connectivity technical amendments. 
TITLE III—DIGITAL EQUITY ACT OF 2021 
Sec. 60301. Short title. 
Sec. 60302. Definitions. 
Sec. 60303. Sense of Congress. 
Sec. 60304. State Digital Equity Capacity Grant Program. 
Sec. 60305. Digital Equity Competitive Grant Program. 
Sec. 60306. Policy research, data collection, analysis and modeling, evaluation, 
and dissemination. 
Sec. 60307. General provisions. 
TITLE IV—ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE 
Sec. 60401. Enabling middle mile broadband infrastructure. 
TITLE V—BROADBAND AFFORDABILITY 
Sec. 60501. Definitions. 
Sec. 60502. Broadband affordability. 
Sec. 60503. Coordination with certain other Federal agencies. 
Sec. 60504. Adoption of consumer broadband labels.
† HR 3684 EAS 
Sec. 60505. GAO report. 
Sec. 60506. Digital discrimination. 
TITLE VI—TELECOMMUNICATIONS INDUSTRY WORKFORCE 
Sec. 60601. Short title. 
Sec. 60602. Telecommunications interagency working group. 
Sec. 60603. Telecommunications workforce guidance. 
Sec. 60604. GAO assessment of workforce needs of the telecommunications indus-
try. 
DIVISION G—OTHER AUTHORIZATIONS 
TITLE I—INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND 
Sec. 70101. Indian Water Rights Settlement Completion Fund. 
TITLE II—WILDFIRE MITIGATION 
Sec. 70201. Short title. 
Sec. 70202. Definitions. 
Sec. 70203. Establishment of Commission. 
Sec. 70204. Duties of Commission. 
Sec. 70205. Powers of Commission. 
Sec. 70206. Commission personnel matters. 
Sec. 70207. Termination of Commission. 
TITLE III—REFORESTATION 
Sec. 70301. Short title. 
Sec. 70302. Reforestation following wildfires and other unplanned events. 
Sec. 70303. Report. 
TITLE IV—RECYCLING PRACTICES 
Sec. 70401. Best practices for battery recycling and labeling guidelines. 
Sec. 70402. Consumer recycling education and outreach grant program; Federal 
procurement. 
TITLE V—BIOPRODUCT PILOT PROGRAM 
Sec. 70501. Pilot program on use of agricultural commodities in construction and 
consumer products. 
TITLE VI—CYBERSECURITY 
Subtitle A—Cyber Response and Recovery Act 
Sec. 70601. Short title. 
Sec. 70602. Declaration of a significant incident. 
Subtitle B—State and Local Cybersecurity Improvement Act 
Sec. 70611. Short title. 
Sec. 70612. State and Local Cybersecurity Grant Program. 
TITLE VII—PUBLIC-PRIVATE PARTNERSHIPS 
Sec. 70701. Value for money analysis.
† HR 3684 EAS 
TITLE VIII—FEDERAL PERMITTING IMPROVEMENT 
Sec. 70801. Federal permitting improvement. 
TITLE IX—BUILD AMERICA, BUY AMERICA 
Subtitle A—Build America, Buy America 
Sec. 70901. Short title. 
PART I—BUY AMERICA SOURCING REQUIREMENTS 
Sec. 70911. Findings. 
Sec. 70912. Definitions. 
Sec. 70913. Identification of deficient programs. 
Sec. 70914. Application of Buy America preference. 
Sec. 70915. OMB guidance and standards. 
Sec. 70916. Technical assistance partnership and consultation supporting De-
partment of Transportation Buy America requirements. 
Sec. 70917. Application. 
PART II—MAKE IT IN AMERICA 
Sec. 70921. Regulations relating to Buy American Act. 
Sec. 70922. Amendments relating to Buy American Act. 
Sec. 70923. Made in America Office. 
Sec. 70924. Hollings Manufacturing Extension Partnership activities. 
Sec. 70925. United States obligations under international agreements. 
Sec. 70926. Definitions. 
Sec. 70927. Prospective amendments to internal cross-references. 
Subtitle B—BuyAmerican.gov 
Sec. 70931. Short title. 
Sec. 70932. Definitions. 
Sec. 70933. Sense of Congress on buying American. 
Sec. 70934. Assessment of impact of free trade agreements. 
Sec. 70935. Judicious use of waivers. 
Sec. 70936. Establishment of BuyAmerican.gov website. 
Sec. 70937. Waiver Transparency and Streamlining for contracts. 
Sec. 70938. Comptroller General report. 
Sec. 70939. Rules of construction. 
Sec. 70940. Consistency with international agreements. 
Sec. 70941. Prospective amendments to internal cross-references. 
Subtitle C—Make PPE in America 
Sec. 70951. Short title. 
Sec. 70952. Findings. 
Sec. 70953. Requirement of long-term contracts for domestically manufactured 
personal protective equipment. 
TITLE X—ASSET CONCESSIONS 
Sec. 71001. Asset concessions. 
TITLE XI—CLEAN SCHOOL BUSES AND FERRIES 
Sec. 71101. Clean school bus program.
† HR 3684 EAS 
Sec. 71102. Electric or low-emitting ferry pilot program. 
Sec. 71103. Ferry service for rural communities. 
Sec. 71104. Expanding the funding authority for renovating, constructing, and 
expanding certain facilities. 
DIVISION H—REVENUE PROVISIONS 
TITLE I—HIGHWAY TRUST FUND 
Sec. 80101. Extension of Highway Trust Fund expenditure authority. 
Sec. 80102. Extension of highway-related taxes. 
Sec. 80103. Further additional transfers to trust fund. 
TITLE II—CHEMICAL SUPERFUND 
Sec. 80201. Extension and modification of certain superfund excise taxes. 
TITLE III—CUSTOMS USER FEES 
Sec. 80301. Extension of customs user fees. 
TITLE IV—BOND PROVISIONS 
Sec. 80401. Private activity bonds for qualified broadband projects. 
Sec. 80402. Carbon dioxide capture facilities. 
Sec. 80403. Increase in national limitation amount for qualified highway or sur-
face freight transportation facilities. 
TITLE V—RELIEF FOR TAXPAYERS AFFECTED BY DISASTERS OR 
OTHER CRITICAL EVENTS 
Sec. 80501. Modification of automatic extension of certain deadlines in the case 
of taxpayers affected by Federally declared disasters. 
Sec. 80502. Modifications of rules for postponing certain acts by reason of service 
in combat zone or contingency operation. 
Sec. 80503. Tolling of time for filing a petition with the tax court. 
Sec. 80504. Authority to postpone certain tax deadlines by reason of significant 
fires. 
TITLE VI—OTHER PROVISIONS 
Sec. 80601. Modification of tax treatment of contributions to the capital of a cor-
poration. 
Sec. 80602. Extension of interest rate stabilization. 
Sec. 80603. Information reporting for brokers and digital assets. 
Sec. 80604. Termination of employee retention credit for employers subject to clo-
sure due to COVID–19. 
DIVISION I—OTHER MATTERS 
Sec. 90001. Extension of direct spending reductions through fiscal year 2031. 
Sec. 90002. Strategic Petroleum Reserve drawdown and sale. 
Sec. 90003. Findings regarding unused unemployment insurance funds. 
Sec. 90004. Requiring manufacturers of certain single-dose container or single-use 
package drugs payable under part B of the Medicare program 
to provide refunds with respect to discarded amounts of such 
drugs. 
Sec. 90005. Extension of enterprise guarantee fees.
† HR 3684 EAS 
Sec. 90006. Moratorium on implementation of rule relating to eliminating the 
anti-kickback statute safe harbor protection for prescription drug 
rebates. 
Sec. 90007. Rescission of COVID–19 appropriations. 
Sec. 90008. Spectrum auctions. 
DIVISION J—APPROPRIATIONS 
TITLE I—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
ADMINISTRATION, AND RELATED AGENCIES 
TITLE II—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 
TITLE III—ENERGY AND WATER DEVELOPMENT AND RELATED 
AGENCIES 
TITLE IV—FINANCIAL SERVICES AND GENERAL GOVERNMENT 
TITLE V—DEPARTMENT OF HOMELAND SECURITY 
TITLE VI—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND 
RELATED AGENCIES 
TITLE VII—LABOR, HEALTH AND HUMAN SERVICES, AND 
EDUCATION, AND RELATED AGENCIES 
TITLE VIII—TRANSPORTATION, HOUSING AND URBAN 
DEVELOPMENT, AND RELATED AGENCIES 
TITLE IX—GENERAL PROVISIONS—THIS DIVISION 
DIVISION K—MINORITY BUSINESS DEVELOPMENT 
Sec. 100001. Short title. 
Sec. 100002. Definitions. 
Sec. 100003. Minority Business Development Agency. 
TITLE I—EXISTING INITIATIVES 
Subtitle A—Market Development, Research, and Information 
Sec. 100101. Private sector development. 
Sec. 100102. Public sector development. 
Sec. 100103. Research and information. 
Subtitle B—Minority Business Development Agency Business Center Program 
Sec. 100111. Definition. 
Sec. 100112. Purpose. 
Sec. 100113. Establishment. 
Sec. 100114. Grants and cooperative agreements. 
Sec. 100115. Minimizing disruptions to existing MBDA Business Center pro-
gram. 
Sec. 100116. Publicity. 
TITLE II—NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY 
FOR MINORITY BUSINESSES 
Sec. 100201. Annual diverse business forum on capital formation.
† HR 3684 EAS 
Sec. 100202. Agency study on alternative financing solutions. 
Sec. 100203. Educational development relating to management and entrepreneur-
ship. 
TITLE III—RURAL MINORITY BUSINESS CENTER PROGRAM 
Sec. 100301. Definitions. 
Sec. 100302. Business centers. 
Sec. 100303. Report to Congress. 
Sec. 100304. Study and report. 
TITLE IV—MINORITY BUSINESS DEVELOPMENT GRANTS 
Sec. 100401. Grants to nonprofit organizations that support minority business 
enterprises. 
TITLE V—MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL 
Sec. 100501. Purpose. 
Sec. 100502. Composition and term. 
Sec. 100503. Duties. 
TITLE VI—FEDERAL COORDINATION OF MINORITY BUSINESS 
PROGRAMS 
Sec. 100601. General duties. 
Sec. 100602. Participation of Federal departments and agencies. 
TITLE VII—ADMINISTRATIVE POWERS OF THE AGENCY; 
MISCELLANEOUS PROVISIONS 
Sec. 100701. Administrative powers. 
Sec. 100702. Federal assistance. 
Sec. 100703. Recordkeeping. 
Sec. 100704. Review and report by Comptroller General. 
Sec. 100705. Biannual reports; recommendations. 
Sec. 100706. Separability. 
Sec. 100707. Executive Order 11625. 
Sec. 100708. Authorization of appropriations. 
SEC. 2. REFERENCES. 
Except as expressly provided otherwise, any reference 
to ‘‘this Act’’ contained in any division of this Act shall 
be treated as referring only to the provisions of that divi-
sion.
† HR 3684 EAS 
(A) TRIBAL TRANSPORTATION PROGRAM.— 
For the tribal transportation program under sec-
tion 202 of title 23, United States Code— 
(i) $578,460,000 for fiscal year 2022; 
(ii) $589,960,000 for fiscal year 2023; 
(iii) $602,460,000 for fiscal year 2024; 
(iv) $612,960,000 for fiscal year 2025; 
and 
(v) $627,960,000 for fiscal year 2026. 
(B) FEDERAL LANDS TRANSPORTATION PRO-
GRAM.— 
(i) IN
GENERAL.—For the Federal 
lands transportation program under section 
203 of title 23, United States Code— 
(I) $421,965,000 for fiscal year 
2022; 
(II) $429,965,000 for fiscal year 
2023; 
(III) $438,965,000 for fiscal year 
2024; 
(IV) $447,965,000 for fiscal year 
2025; and 
(V) $455,965,000 for fiscal year 
2026.
† HR 3684 EAS 
(ii) 
ALLOCATION.—Of 
the 
amount 
made available for a fiscal year under 
clause (i)— 
(I) the amount for the National 
Park Service is— 
(aa) $332,427,450 for fiscal 
year 2022; 
(bb) $338,867,450 for fiscal 
year 2023; 
(cc) $346,237,450 for fiscal 
year 2024; 
(dd) $353,607,450 for fiscal 
year 2025; and 
(ee) $360,047,450 for fiscal 
year 2026; 
(II) the amount for the United 
States Fish and Wildlife Service is 
$36,000,000 for each of fiscal years 
2022 through 2026; and 
(III) the amount for the Forest 
Service is— 
(aa) $24,000,000 for fiscal 
year 2022; 
(bb) $25,000,000 for fiscal 
year 2023;
† HR 3684 EAS 
(cc) $26,000,000 for fiscal 
year 2024; 
(dd) $27,000,000 for fiscal 
year 2025; and 
(ee) $28,000,000 for fiscal 
year 2026. 
(C) FEDERAL LANDS ACCESS PROGRAM.— 
For the Federal lands access program under sec-
tion 204 of title 23, United States Code— 
(i) $285,975,000 for fiscal year 2022; 
(ii) $291,975,000 for fiscal year 2023; 
(iii) $296,975,000 for fiscal year 2024; 
(iv) $303,975,000 for fiscal year 2025; 
and 
(v) $308,975,000 for fiscal year 2026. 
(4) TERRITORIAL AND PUERTO RICO HIGHWAY 
PROGRAM.—For the territorial and Puerto Rico high-
way program under section 165 of title 23, United 
States Code— 
(A) $219,000,000 for fiscal year 2022; 
(B) $224,000,000 for fiscal year 2023; 
(C) $228,000,000 for fiscal year 2024; 
(D) $232,500,000 for fiscal year 2025; and 
(E) $237,000,000 for fiscal year 2026.
† HR 3684 EAS 
(5) NATIONALLY
SIGNIFICANT
FREIGHT
AND 
HIGHWAY
PROJECTS.—For nationally significant 
freight and highway projects under section 117 of title 
23, United States Code— 
(A) $1,000,000,000 for fiscal year 2022; 
(B) $1,000,000,000 for fiscal year 2023; 
(C) $1,000,000,000 for fiscal year 2024; 
(D) $900,000,000 for fiscal year 2025; and 
(E) $900,000,000 for fiscal year 2026. 
(b) OTHER PROGRAMS.— 
(1) IN
GENERAL.—The following amounts are 
authorized to be appropriated out of the Highway 
Trust Fund (other than the Mass Transit Account): 
(A) BRIDGE
INVESTMENT
PROGRAM.—To 
carry out the bridge investment program under 
section 124 of title 23, United States Code— 
(i) $600,000,000 for fiscal year 2022; 
(ii) $640,000,000 for fiscal year 2023; 
(iii) $650,000,000 for fiscal year 2024; 
(iv) $675,000,000 for fiscal year 2025; 
and 
(v) $700,000,000 for fiscal year 2026. 
(B) CONGESTION
RELIEF
PROGRAM.—To 
carry out the congestion relief program under 
section 129(d) of title 23, United States Code,
† HR 3684 EAS 
$50,000,000 for each of fiscal years 2022 through 
2026. 
(C) CHARGING AND FUELING INFRASTRUC-
TURE GRANTS.—To carry out section 151(f) of 
title 23, United States Code— 
(i) $300,000,000 for fiscal year 2022; 
(ii) $400,000,000 for fiscal year 2023; 
(iii) $500,000,000 for fiscal year 2024; 
(iv) $600,000,000 for fiscal year 2025; 
and 
(v) $700,000,000 for fiscal year 2026. 
(D) 
RURAL
SURFACE
TRANSPORTATION 
GRANT PROGRAM.—To carry out the rural sur-
face transportation grant program under section 
173 of title 23, United States Code— 
(i) $300,000,000 for fiscal year 2022; 
(ii) $350,000,000 for fiscal year 2023; 
(iii) $400,000,000 for fiscal year 2024; 
(iv) $450,000,000 for fiscal year 2025; 
and 
(v) $500,000,000 for fiscal year 2026. 
(E) PROTECT GRANTS.— 
(i) IN GENERAL.—To carry out sub-
section (d) of the PROTECT program 
under section 176 of title 23, United States
† HR 3684 EAS 
Code, for each of fiscal years 2022 through 
2026— 
(I) $250,000,000 for fiscal year 
2022; 
(II) $250,000,000 for fiscal year 
2023; 
(III) $300,000,000 for fiscal year 
2024; 
(IV) $300,000,000 for fiscal year 
2025; and 
(V) $300,000,000 for fiscal year 
2026. 
(ii) ALLOCATION.—Of the amounts 
made available under clause (i)— 
(I) for planning grants under 
paragraph (3) of that subsection— 
(aa) $25,000,000 for fiscal 
year 2022; 
(bb) $25,000,000 for fiscal 
year 2023; 
(cc) $30,000,000 for fiscal 
year 2024; 
(dd) $30,000,000 for fiscal 
year 2025; and
† HR 3684 EAS 
(ee) $30,000,000 for fiscal 
year 2026; 
(II) for resilience improvement 
grants under paragraph (4)(A) of that 
subsection— 
(aa) $175,000,000 for fiscal 
year 2022; 
(bb) $175,000,000 for fiscal 
year 2023; 
(cc) $210,000,000 for fiscal 
year 2024; 
(dd) $210,000,000 for fiscal 
year 2025; and 
(ee) $210,000,000 for fiscal 
year 2026; 
(III) for community resilience 
and evacuation route grants under 
paragraph (4)(B) of that subsection— 
(aa) $25,000,000 for fiscal 
year 2022; 
(bb) $25,000,000 for fiscal 
year 2023; 
(cc) $30,000,000 for fiscal 
year 2024;
† HR 3684 EAS 
(dd) $30,000,000 for fiscal 
year 2025; and 
(ee) $30,000,000 for fiscal 
year 2026; and 
(IV) for at-risk coastal infrastruc-
ture grants under paragraph (4)(C) of 
that subsection— 
(aa) $25,000,000 for fiscal 
year 2022; 
(bb) $25,000,000 for fiscal 
year 2023; 
(cc) $30,000,000 for fiscal 
year 2024; 
(dd) $30,000,000 for fiscal 
year 2025; and 
(ee) $30,000,000 for fiscal 
year 2026. 
(F) REDUCTION OF TRUCK EMISSIONS AT 
PORT FACILITIES.— 
(i) IN GENERAL.—To carry out the re-
duction of truck emissions at port facilities 
under section 11402, $50,000,000 for each of 
fiscal years 2022 through 2026. 
(ii) 
TREATMENT.—Amounts 
made 
available under clause (i) shall be available
† HR 3684 EAS 
for obligation in the same manner as if 
those amounts were apportioned under 
chapter 1 of title 23, United States Code. 
(G) NATIONALLY
SIGNIFICANT
FEDERAL 
LANDS AND TRIBAL PROJECTS.— 
(i) IN GENERAL.—To carry out the na-
tionally significant Federal lands and trib-
al projects program under section 1123 of 
the FAST Act (23 U.S.C. 201 note; Public 
Law 114–94), $55,000,000 for each of fiscal 
years 2022 through 2026. 
(ii) 
TREATMENT.—Amounts 
made 
available under clause (i) shall be available 
for obligation in the same manner as if 
those amounts were apportioned under 
chapter 1 of title 23, United States Code. 
(2) GENERAL FUND.— 
(A) BRIDGE INVESTMENT PROGRAM.— 
(i) IN
GENERAL.—In addition to 
amounts made available under paragraph 
(1)(A), there are authorized to be appro-
priated to carry out the bridge investment 
program under section 124 of title 23, 
United States Code—
† HR 3684 EAS 
(I) $600,000,000 for fiscal year 
2022; 
(II) $640,000,000 for fiscal year 
2023; 
(III) $650,000,000 for fiscal year 
2024; 
(IV) $675,000,000 for fiscal year 
2025; and 
(V) $700,000,000 for fiscal year 
2026. 
(ii) 
ALLOCATION.—Amounts 
made 
available under clause (i) shall be allocated 
in the same manner as if made available 
under paragraph (1)(A). 
(B) NATIONALLY
SIGNIFICANT
FEDERAL 
LANDS AND TRIBAL PROJECTS PROGRAM.—In ad-
dition to amounts made available under para-
graph (1)(G), there is authorized to be appro-
priated to carry out section 1123 of the FAST 
Act (23 U.S.C. 201 note; Public Law 114–94) 
$300,000,000 for each of fiscal years 2022 
through 2026. 
(C) HEALTHY
STREETS
PROGRAM.—There 
is authorized to be appropriated to carry out the 
Healthy Streets program under section 11406
† HR 3684 EAS 
$100,000,000 for each of fiscal years 2022 
through 2026. 
(D) TRANSPORTATION RESILIENCE AND AD-
APTATION CENTERS OF EXCELLENCE.—There is 
authorized to be appropriated to carry out sec-
tion 520 of title 23, United States Code, 
$100,000,000 for each of fiscal years 2022 
through 2026. 
(E) OPEN CHALLENGE AND RESEARCH PRO-
POSAL PILOT PROGRAM.—There is authorized to 
be appropriated to carry out the open challenge 
and research proposal pilot program under sec-
tion 13006(e) $15,000,000 for each of fiscal years 
2022 through 2026. 
(c) RESEARCH, TECHNOLOGY, AND EDUCATION AU-
THORIZATIONS.— 
(1) IN
GENERAL.—The following amounts are 
authorized to be appropriated out of the Highway 
Trust Fund (other than the Mass Transit Account): 
(A) HIGHWAY
RESEARCH
AND
DEVELOP-
MENT PROGRAM.—To carry out section 503(b) of 
title 23, United States Code, $147,000,000 for 
each of fiscal years 2022 through 2026. 
(B) TECHNOLOGY AND INNOVATION DEPLOY-
MENT PROGRAM.—To carry out section 503(c) of
† HR 3684 EAS 
title 23, United States Code, $110,000,000 for 
each of fiscal years 2022 through 2026. 
(C) TRAINING AND EDUCATION.—To carry 
out section 504 of title 23, United States Code— 
(i) $25,000,000 for fiscal year 2022; 
(ii) $25,250,000 for fiscal year 2023; 
(iii) $25,500,000 for fiscal year 2024; 
(iv) $25,750,000 for fiscal year 2025; 
and 
(v) $26,000,000 for fiscal year 2026. 
(D) INTELLIGENT
TRANSPORTATION
SYS-
TEMS
PROGRAM.—To carry out sections 512 
through 518 of title 23, United States Code, 
$110,000,000 for each of fiscal years 2022 
through 2026. 
(E) UNIVERSITY TRANSPORTATION CENTERS 
PROGRAM.—To carry out section 5505 of title 49, 
United States Code— 
(i) $80,000,000 for fiscal year 2022; 
(ii) $80,500,000 for fiscal year 2023; 
(iii) $81,000,000 for fiscal year 2024; 
(iv) $81,500,000 for fiscal year 2025; 
and 
(v) $82,000,000 for fiscal year 2026.
† HR 3684 EAS 
(F) BUREAU OF TRANSPORTATION STATIS-
TICS.—To carry out chapter 63 of title 49, 
United States Code— 
(i) $26,000,000 for fiscal year 2022; 
(ii) $26,250,000 for fiscal year 2023; 
(iii) $26,500,000 for fiscal year 2024; 
(iv) $26,750,000 for fiscal year 2025; 
and 
(v) $27,000,000 for fiscal year 2026. 
(2) ADMINISTRATION.—The Federal Highway 
Administration shall— 
(A) administer the programs described in 
subparagraphs (A), (B), and (C) of paragraph 
(1); and 
(B) in consultation with relevant modal ad-
ministrations, administer the programs described 
in paragraph (1)(D). 
(3) APPLICABILITY OF TITLE 23, UNITED STATES 
CODE.—Amounts authorized to be appropriated by 
paragraph (1) shall— 
(A) be available for obligation in the same 
manner as if those funds were apportioned under 
chapter 1 of title 23, United States Code, except 
that the Federal share of the cost of a project or 
activity carried out using those funds shall be 80
† HR 3684 EAS 
percent, unless otherwise expressly provided by 
this division (including the amendments by this 
division) or otherwise determined by the Sec-
retary; and 
(B) remain available until expended and 
not be transferable, except as otherwise provided 
by this division. 
(d) PILOT PROGRAMS.—The following amounts are 
authorized to be appropriated out of the Highway Trust 
Fund (other than the Mass Transit Account): 
(1) WILDLIFE CROSSINGS PILOT PROGRAM.—For 
the wildlife crossings pilot program under section 171 
of title 23, United States Code— 
(A) $60,000,000 for fiscal year 2022; 
(B) $65,000,000 for fiscal year 2023; 
(C) $70,000,000 for fiscal year 2024; 
(D) $75,000,000 for fiscal year 2025; and 
(E) $80,000,000 for fiscal year 2026. 
(2) 
PRIORITIZATION
PROCESS
PILOT
PRO-
GRAM.— 
(A) IN
GENERAL.—For the prioritization 
process pilot program under section 11204, 
$10,000,000 for each of fiscal years 2022 through 
2026.
† HR 3684 EAS 
(B) TREATMENT.—Amounts made available 
under subparagraph (A) shall be available for 
obligation in the same manner as if those 
amounts were apportioned under chapter 1 of 
title 23, United States Code. 
(3) RECONNECTING
COMMUNITIES
PILOT
PRO-
GRAM.— 
(A) 
PLANNING
GRANTS.—For 
planning 
grants under the reconnecting communities pilot 
program under section 11509(c), $30,000,000 for 
each of fiscal years 2022 through 2026. 
(B) CAPITAL CONSTRUCTION GRANTS.—For 
capital construction grants under the recon-
necting communities pilot program under section 
11509(d)— 
(i) $65,000,000 for fiscal year 2022; 
(ii) $68,000,000 for fiscal year 2023; 
(iii) $70,000,000 for fiscal year 2024; 
(iv) $72,000,000 for fiscal year 2025; 
and 
(v) $75,000,000 for fiscal year 2026. 
(C) TREATMENT.—Amounts made available 
under subparagraph (A) or (B) shall be available 
for obligation in the same manner as if those 
amounts were apportioned under chapter 1 of
† HR 3684 EAS 
title 23, United States Code, except that those 
amounts shall remain available until expended. 
(e) DISADVANTAGED BUSINESS ENTERPRISES.— 
(1) FINDINGS.—Congress finds that— 
(A) while significant progress has occurred 
due to the establishment of the disadvantaged 
business enterprise program, discrimination and 
related barriers continue to pose significant ob-
stacles for minority- and women-owned busi-
nesses seeking to do business in Federally as-
sisted surface transportation markets across the 
United States; 
(B) the continuing barriers described in 
subparagraph (A) merit the continuation of the 
disadvantaged business enterprise program; 
(C) Congress has received and reviewed tes-
timony and documentation of race and gender 
discrimination from numerous sources, including 
congressional hearings and roundtables, scientific 
reports, reports issued by public and private 
agencies, news stories, reports of discrimination 
by organizations and individuals, and discrimi-
nation lawsuits, which show that race- and gen-
der-neutral efforts alone are insufficient to ad-
dress the problem;
† HR 3684 EAS 
same socially and economically disadvan-
taged individual or individuals that have 
average annual gross receipts during the 
preceding 3 fiscal years in excess of 
$26,290,000, as adjusted annually by the 
Secretary for inflation. 
(B) SOCIALLY
AND
ECONOMICALLY
DIS-
ADVANTAGED INDIVIDUALS.—The term ‘‘socially 
and economically disadvantaged individuals’’ 
has the meaning given the term in section 8(d) 
of the Small Business Act (15 U.S.C. 637(d)) 
and relevant subcontracting regulations issued 
pursuant to that Act, except that women shall be 
presumed to be socially and economically dis-
advantaged individuals for purposes of this sub-
section. 
(3) AMOUNTS
FOR
SMALL
BUSINESS
CON-
CERNS.—Except to the extent that the Secretary deter-
mines otherwise, not less than 10 percent of the 
amounts made available for any program under this 
division (other than section 14004), division C, and 
section 403 of title 23, United States Code, shall be 
expended through small business concerns owned and 
controlled by socially and economically disadvantaged 
individuals.
† HR 3684 EAS 
(4) ANNUAL LISTING OF DISADVANTAGED BUSI-
NESS ENTERPRISES.—Each State shall annually— 
(A) survey and compile a list of the small 
business concerns referred to in paragraph (3) in 
the State, including the location of the small 
business concerns in the State; and 
(B) notify the Secretary, in writing, of the 
percentage of the small business concerns that 
are controlled by— 
(i) women; 
(ii) socially and economically dis-
advantaged 
individuals 
(other 
than 
women); and 
(iii) individuals who are women and 
are otherwise socially and economically dis-
advantaged individuals. 
(5) UNIFORM CERTIFICATION.— 
(A) IN GENERAL.—The Secretary shall es-
tablish minimum uniform criteria for use by 
State governments in certifying whether a con-
cern qualifies as a small business concern for the 
purpose of this subsection. 
(B) INCLUSIONS.—The minimum uniform 
criteria established under subparagraph (A) shall
† HR 3684 EAS 
include, with respect to a potential small busi-
ness concern— 
(i) on-site visits; 
(ii) personal interviews with personnel; 
(iii) issuance or inspection of licenses; 
(iv) analyses of stock ownership; 
(v) listings of equipment; 
(vi) analyses of bonding capacity; 
(vii) listings of work completed; 
(viii) examination of the resumes of 
principal owners; 
(ix) analyses of financial capacity; 
and 
(x) analyses of the type of work pre-
ferred. 
(6) REPORTING.—The Secretary shall establish 
minimum requirements for use by State governments 
in reporting to the Secretary— 
(A) information concerning disadvantaged 
business enterprise awards, commitments, and 
achievements; and 
(B) such other information as the Secretary 
determines to be appropriate for the proper mon-
itoring of the disadvantaged business enterprise 
program.
† HR 3684 EAS 
(7) COMPLIANCE WITH COURT ORDERS.—Noth-
ing in this subsection limits the eligibility of an indi-
vidual or entity to receive funds made available 
under this division, division C, and section 403 of 
title 23, United States Code, if the entity or person 
is prevented, in whole or in part, from complying 
with paragraph (3) because a Federal court issues a 
final order in which the court finds that a require-
ment or the implementation of paragraph (3) is un-
constitutional. 
(8) SENSE OF CONGRESS ON PROMPT PAYMENT 
OF DBE SUBCONTRACTORS.—It is the sense of Con-
gress that— 
(A) the Secretary should take additional 
steps to ensure that recipients comply with sec-
tion 26.29 of title 49, Code of Federal Regula-
tions (the disadvantaged business enterprises 
prompt payment rule), or any corresponding 
regulation, in awarding Federally funded trans-
portation contracts under laws and regulations 
administered by the Secretary; and 
(B) such additional steps should include in-
creasing the ability of the Department to track 
and keep records of complaints and to make that 
information publicly available.
† HR 3684 EAS 
SEC. 11102. OBLIGATION CEILING. 
(a) GENERAL LIMITATION.—Subject to subsection (e), 
and notwithstanding any other provision of law, the obliga-
tions for Federal-aid highway and highway safety construc-
tion programs shall not exceed— 
(1) $57,473,430,072 for fiscal year 2022; 
(2) $58,764,510,674 for fiscal year 2023; 
(3) $60,095,782,888 for fiscal year 2024; 
(4) $61,314,170,545 for fiscal year 2025; and 
(5) $62,657,105,821 for fiscal year 2026. 
(b) EXCEPTIONS.—The limitations under subsection 
(a) shall not apply to obligations under or for— 
(1) section 125 of title 23, United States Code; 
(2) section 147 of the Surface Transportation As-
sistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 
2714); 
(3) section 9 of the Federal-Aid Highway Act of 
1981 (95 Stat. 1701); 
(4) subsections (b) and (j) of section 131 of the 
Surface Transportation Assistance Act of 1982 (96 
Stat. 2119); 
(5) subsections (b) and (c) of section 149 of the 
Surface Transportation and Uniform Relocation As-
sistance Act of 1987 (101 Stat. 198);
† HR 3684 EAS 
(6) sections 1103 through 1108 of the Intermodal 
Surface Transportation Efficiency Act of 1991 (105 
Stat. 2027); 
(7) section 157 of title 23, United States Code 
(as in effect on June 8, 1998); 
(8) section 105 of title 23, United States Code 
(as in effect for fiscal years 1998 through 2004, but 
only in an amount equal to $639,000,000 for each of 
those fiscal years); 
(9) Federal-aid highway programs for which ob-
ligation authority was made available under the 
Transportation Equity Act for the 21st Century (112 
Stat. 107) or subsequent Acts for multiple years or to 
remain available until expended, but only to the ex-
tent that the obligation authority has not lapsed or 
been used; 
(10) section 105 of title 23, United States Code 
(as in effect for fiscal years 2005 through 2012, but 
only in an amount equal to $639,000,000 for each of 
those fiscal years); 
(11) section 1603 of SAFETEA–LU (23 U.S.C. 
118 note; 119 Stat. 1248), to the extent that funds ob-
ligated in accordance with that section were not sub-
ject to a limitation on obligations at the time at
† HR 3684 EAS 
which the funds were initially made available for ob-
ligation; 
(12) section 119 of title 23, United States Code 
(as in effect for fiscal years 2013 through 2015, but 
only in an amount equal to $639,000,000 for each of 
those fiscal years); 
(13) section 119 of title 23, United States Code 
(as in effect for fiscal years 2016 through 2021, but 
only in an amount equal to $639,000,000 for each of 
those fiscal years); and 
(14) section 119 of title 23, United States Code 
(but, for fiscal years 2022 through 2026, only in an 
amount equal to $639,000,000 for each of those fiscal 
years). 
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For 
each of fiscal years 2022 through 2026, the Secretary— 
(1) shall not distribute obligation authority pro-
vided by subsection (a) for the fiscal year for— 
(A) amounts authorized for administrative 
expenses and programs by section 104(a) of title 
23, United States Code; and 
(B) amounts authorized for the Bureau of 
Transportation Statistics;
† HR 3684 EAS 
(2) shall not distribute an amount of obligation 
authority provided by subsection (a) that is equal to 
the unobligated balance of amounts— 
(A) made available from the Highway Trust 
Fund (other than the Mass Transit Account) for 
Federal-aid highway and highway safety con-
struction programs for previous fiscal years the 
funds for which are allocated by the Secretary 
(or apportioned by the Secretary under section 
202 or 204 of title 23, United States Code); and 
(B) for which obligation authority was pro-
vided in a previous fiscal year; 
(3) shall determine the proportion that— 
(A) the obligation authority provided by 
subsection (a) for the fiscal year, less the aggre-
gate of amounts not distributed under para-
graphs (1) and (2) of this subsection; bears to 
(B) the total of the sums authorized to be 
appropriated for the Federal-aid highway and 
highway safety construction programs (other 
than sums authorized to be appropriated for pro-
visions of law described in paragraphs (1) 
through (13) of subsection (b) and sums author-
ized to be appropriated for section 119 of title 
23, United States Code, equal to the amount re-
† HR 3684 EAS 
ferred to in subsection (b)(14) for the fiscal 
year), less the aggregate of the amounts not dis-
tributed under paragraphs (1) and (2) of this 
subsection; 
(4) shall distribute the obligation authority pro-
vided by subsection (a), less the aggregate amounts 
not distributed under paragraphs (1) and (2), for 
each of the programs (other than programs to which 
paragraph (1) applies) that are allocated by the Sec-
retary under this division and title 23, United States 
Code, or apportioned by the Secretary under section 
202 or 204 of that title, by multiplying— 
(A) the proportion determined under para-
graph (3); by 
(B) the amounts authorized to be appro-
priated for each such program for the fiscal year; 
and 
(5) shall distribute the obligation authority pro-
vided by subsection (a), less the aggregate amounts 
not distributed under paragraphs (1) and (2) and the 
amounts distributed under paragraph (4), for Fed-
eral-aid highway and highway safety construction 
programs that are apportioned by the Secretary 
under title 23, United States Code (other than the 
amounts apportioned for the national highway per-
† HR 3684 EAS 
formance program in section 119 of title 23, United 
States Code, that are exempt from the limitation 
under subsection (b)(14) and the amounts appor-
tioned under sections 202 and 204 of that title) in the 
proportion that— 
(A) amounts authorized to be appropriated 
for the programs that are apportioned under title 
23, United States Code, to each State for the fis-
cal year; bears to 
(B) the total of the amounts authorized to 
be appropriated for the programs that are ap-
portioned under title 23, United States Code, to 
all States for the fiscal year. 
(d) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (c), the Secretary 
shall, after August 1 of each of fiscal years 2022 through 
2026— 
(1) revise a distribution of the obligation author-
ity made available under subsection (c) if an amount 
distributed cannot be obligated during that fiscal 
year; and 
(2) redistribute sufficient amounts to those States 
able to obligate amounts in addition to those pre-
viously distributed during that fiscal year, giving pri-
ority to those States having large unobligated bal-
† HR 3684 EAS 
ances of funds apportioned under sections 144 (as in 
effect on the day before the date of enactment of 
MAP–21 (Public Law 112–141; 126 Stat. 405)) and 
104 of title 23, United States Code. 
(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO 
TRANSPORTATION RESEARCH PROGRAMS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), obligation limitations imposed by sub-
section (a) shall apply to contract authority for trans-
portation research programs carried out under chap-
ter 5 of title 23, United States Code. 
(2) EXCEPTION.—Obligation authority made 
available under paragraph (1) shall— 
(A) remain available for a period of 4 fiscal 
years; and 
(B) be in addition to the amount of any 
limitation imposed on obligations for Federal- 
aid highway and highway safety construction 
programs for future fiscal years. 
(f) REDISTRIBUTION
OF
CERTAIN
AUTHORIZED 
FUNDS.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of distribution of obligation authority under 
subsection (c) for each of fiscal years 2022 through 
2026, the Secretary shall distribute to the States any
† HR 3684 EAS 
funds (excluding funds authorized for the program 
under section 202 of title 23, United States Code) 
that— 
(A) are authorized to be appropriated for 
the fiscal year for Federal-aid highway pro-
grams; and 
(B) the Secretary determines will not be al-
located to the States (or will not be apportioned 
to the States under section 204 of title 23, 
United States Code), and will not be available 
for obligation, for the fiscal year because of the 
imposition of any obligation limitation for the 
fiscal year. 
(2) RATIO.—Funds shall be distributed under 
paragraph (1) in the same proportion as the distribu-
tion of obligation authority under subsection (c)(5). 
(3) AVAILABILITY.—Funds distributed to each 
State under paragraph (1) shall be available for any 
purpose described in section 133(b) of title 23, United 
States Code. 
SEC. 11103. DEFINITIONS. 
Section 101(a) of title 23, United States Code, is 
amended— 
(1) in paragraph (4)—
† HR 3684 EAS 
(A) in subparagraph (A), by inserting ‘‘as-
sessing resilience,’’ after ‘‘surveying,’’; 
(B) in subparagraph (G), by striking ‘‘and’’ 
at the end; 
(C) by redesignating subparagraph (H) as 
subparagraph (I); and 
(D) by inserting after subparagraph (G) the 
following: 
‘‘(H) improvements that reduce the number 
of wildlife-vehicle collisions, such as wildlife 
crossing structures; and’’; 
(2) by redesignating paragraphs (17) through 
(34) as paragraphs (18), (19), (20), (21), (22), (23), 
(25), (26), (27), (28), (29), (30), (31), (32), (33), (34), 
(35), and (36), respectively; 
(3) by inserting after paragraph (16) the fol-
lowing: 
‘‘(17) NATURAL
INFRASTRUCTURE.—The term 
‘natural infrastructure’ means infrastructure that 
uses, restores, or emulates natural ecological processes 
and— 
‘‘(A) is created through the action of nat-
ural physical, geological, biological, and chem-
ical processes over time;
† HR 3684 EAS 
‘‘(B) is created by human design, engineer-
ing, and construction to emulate or act in con-
cert with natural processes; or 
‘‘(C) involves the use of plants, soils, and 
other natural features, including through the cre-
ation, restoration, or preservation of vegetated 
areas using materials appropriate to the region 
to manage stormwater and runoff, to attenuate 
flooding and storm surges, and for other related 
purposes.’’; 
(4) by inserting after paragraph (23) (as so re-
designated) the following: 
‘‘(24) RESILIENCE.—The term ‘resilience’, with 
respect to a project, means a project with the ability 
to anticipate, prepare for, or adapt to conditions or 
withstand, respond to, or recover rapidly from dis-
ruptions, including the ability— 
‘‘(A)(i) to resist hazards or withstand im-
pacts from weather events and natural disasters; 
or 
‘‘(ii) to reduce the magnitude or duration of 
impacts of a disruptive weather event or natural 
disaster on a project; and 
‘‘(B) to have the absorptive capacity, adapt-
ive capacity, and recoverability to decrease
† HR 3684 EAS 
project vulnerability to weather events or other 
natural disasters.’’; and 
(5) in subparagraph (A) of paragraph (32) (as 
so redesignated)— 
(A) by striking the period at the end and 
inserting ‘‘; and’’; 
(B) by striking ‘‘through the implementa-
tion’’ and inserting the following: ‘‘through— 
‘‘(i) the implementation’’; and 
(C) by adding at the end the following: 
‘‘(ii) the consideration of incorporating 
natural infrastructure.’’. 
SEC. 11104. APPORTIONMENT. 
(a) ADMINISTRATIVE EXPENSES.—Section 104(a)(1) 
of title 23, United States Code, is amended by striking sub-
paragraphs (A) through (E) and inserting the following: 
‘‘(A) $490,964,697 for fiscal year 2022; 
‘‘(B) $500,783,991 for fiscal year 2023; 
‘‘(C) $510,799,671 for fiscal year 2024; 
‘‘(D) $521,015,664 for fiscal year 2025; and 
‘‘(E) $531,435,977 for fiscal year 2026.’’. 
(b) DIVISION AMONG PROGRAMS OF STATE SHARE.— 
Section 104(b) of title 23, United States Code, is amended 
in subsection (b)—
† HR 3684 EAS 
(1) in the matter preceding paragraph (1), by 
inserting ‘‘the carbon reduction program under sec-
tion 175, to carry out subsection (c) of the PROTECT 
program under section 176,’’ before ‘‘and to carry out 
section 134’’; 
(2) in paragraph (1), by striking ‘‘63.7 percent’’ 
and inserting ‘‘59.0771195921461 percent’’; 
(3) in paragraph (2), by striking ‘‘29.3 percent’’ 
and inserting ‘‘28.7402203421251 percent’’; 
(4) in paragraph (3), by striking ‘‘7 percent’’ 
and inserting ‘‘6.70605141316253 percent’’; 
(5) by striking paragraph (4) and inserting the 
following: 
‘‘(4) CONGESTION MITIGATION AND AIR QUALITY 
IMPROVEMENT PROGRAM.— 
‘‘(A) IN
GENERAL.—For the congestion 
mitigation and air quality improvement pro-
gram, an amount determined for the State under 
subparagraphs (B) and (C). 
‘‘(B) TOTAL
AMOUNT.—The total amount 
for the congestion mitigation and air quality im-
provement program for all States shall be— 
‘‘(i) $2,536,490,803 for fiscal year 
2022;
† HR 3684 EAS 
‘‘(ii) $2,587,220,620 for fiscal year 
2023; 
‘‘(iii) $2,638,965,032 for fiscal year 
2024; 
‘‘(iv) $2,691,744,332 for fiscal year 
2025; and 
‘‘(v) $2,745,579,213 for fiscal year 
2026. 
‘‘(C) STATE SHARE.—For each fiscal year, 
the Secretary shall distribute among the States 
the total amount for the congestion mitigation 
and air quality improvement program under 
subparagraph (B) so that each State receives an 
amount equal to the proportion that— 
‘‘(i) the amount apportioned to the 
State for the congestion mitigation and air 
quality improvement program for fiscal 
year 2020; bears to 
‘‘(ii) the total amount of funds appor-
tioned to all States for that program for fis-
cal year 2020.’’; 
(6) in paragraph (5)— 
(A) by striking subparagraph (B) and in-
serting the following:
† HR 3684 EAS 
‘‘(B) TOTAL
AMOUNT.—The total amount 
set aside for the national highway freight pro-
gram for all States shall be— 
‘‘(i) $1,373,932,519 for fiscal year 
2022; 
‘‘(ii) $1,401,411,169 for fiscal year 
2023; 
‘‘(iii) $1,429,439,392 for fiscal year 
2024; 
‘‘(iv) $1,458,028,180 for fiscal year 
2025; and 
‘‘(v) $1,487,188,740 for fiscal year 
2026.’’; and 
(B) by striking subparagraph (D); and 
(7) by striking paragraph (6) and inserting the 
following: 
‘‘(6) METROPOLITAN PLANNING.— 
‘‘(A) IN GENERAL.—To carry out section 
134, an amount determined for the State under 
subparagraphs (B) and (C). 
‘‘(B) TOTAL
AMOUNT.—The total amount 
for metropolitan planning for all States shall 
be— 
‘‘(i) $ 438,121,139 for fiscal year 2022; 
‘‘(ii) $446,883,562 for fiscal year 2023;
† HR 3684 EAS 
‘‘(iii) $455,821,233 for fiscal year 
2024; 
‘‘(iv) $464,937,657 for fiscal year 2025; 
and 
‘‘(v) $474,236,409 for fiscal year 2026. 
‘‘(C) STATE SHARE.—For each fiscal year, 
the Secretary shall distribute among the States 
the total amount to carry out section 134 under 
subparagraph (B) so that each State receives an 
amount equal to the proportion that— 
‘‘(i) the amount apportioned to the 
State to carry out section 134 for fiscal 
year 2020; bears to 
‘‘(ii) the total amount of funds appor-
tioned to all States to carry out section 134 
for fiscal year 2020. 
‘‘(7) CARBON
REDUCTION
PROGRAM.—For the 
carbon 
reduction 
program 
under 
section 
175, 
2.56266964565637 percent of the amount remaining 
after distributing amounts under paragraphs (4), (5), 
and (6). 
‘‘(8) PROTECT FORMULA PROGRAM.—To carry 
out subsection (c) of the PROTECT program under 
section 176, 2.91393900690991 percent of the amount
† HR 3684 EAS 
remaining after distributing amounts under para-
graphs (4), (5), and (6).’’. 
(c) CALCULATION OF AMOUNTS.—Section 104(c) of 
title 23, United States Code, is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘each of fiscal years 2016 
through 2020’’ and inserting ‘‘fiscal year 2022 
and each fiscal year thereafter’’; 
(B) in subparagraph (A)— 
(i) by striking clause (i) and inserting 
the following: 
‘‘(i) the base apportionment; by’’; and 
(ii) in clause (ii)(I), by striking ‘‘fiscal 
year 2015’’ and inserting ‘‘fiscal year 
2021’’; and 
(C) by striking subparagraph (B) and in-
serting the following: 
‘‘(B) GUARANTEED AMOUNTS.—The initial 
amounts resulting from the calculation under 
subparagraph (A) shall be adjusted to ensure 
that each State receives an aggregate apportion-
ment that is— 
‘‘(i) equal to at least 95 percent of the 
estimated tax payments paid into the High-
† HR 3684 EAS 
way Trust Fund (other than the Mass 
Transit Account) in the most recent fiscal 
year for which data are available that 
are— 
‘‘(I) attributable to highway users 
in the State; and 
‘‘(II) associated with taxes in ef-
fect on July 1, 2019, and only up to 
the rate those taxes were in effect on 
that date; 
‘‘(ii) at least 2 percent greater than the 
apportionment that the State received for 
fiscal year 2021; and 
‘‘(iii) at least 1 percent greater than 
the apportionment that the State received 
for the previous fiscal year.’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘fiscal years 2016 through 
2020’’ and inserting ‘‘fiscal year 2022 and each 
fiscal year thereafter’’; and 
(B) by inserting ‘‘the carbon reduction pro-
gram under section 175, to carry out subsection 
(c) of the PROTECT program under section 
176,’’ before ‘‘and to carry out section 134’’.
† HR 3684 EAS 
(d) METROPOLITAN PLANNING.—Section 104(d)(1)(A) 
of title 23, United States Code, is amended by striking 
‘‘paragraphs (5)(D) and (6) of subsection (b)’’ each place 
it appears and inserting ‘‘subsection (b)(6)’’. 
(e) SUPPLEMENTAL FUNDS.—Section 104 of title 23, 
United States Code, is amended by striking subsection (h). 
(f) BASE APPORTIONMENT DEFINED.—Section 104 of 
title 23, United States Code, is amended— 
(1) by redesignating subsection (i) as subsection 
(h); and 
(2) in subsection (h) (as so redesignated)— 
(A) by striking ‘‘means’’ in the matter pre-
ceding paragraph (1) and all that follows 
through ‘‘the combined amount’’ in paragraph 
(1) and inserting ‘‘means the combined amount’’; 
(B) by striking ‘‘and to carry out section 
134; minus’’ and inserting ‘‘the carbon reduction 
program under section 175, to carry out sub-
section (c) of the PROTECT program under sec-
tion 176, and to carry out section 134.’’; and 
(C) by striking paragraph (2). 
SEC. 11105. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 
Section 119 of title 23, United States Code, is amend-
ed— 
(1) in subsection (b)—
† HR 3684 EAS 
(A) in paragraph (2), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (3), by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(4) to provide support for activities to increase 
the resiliency of the National Highway System to 
mitigate the cost of damages from sea level rise, ex-
treme weather events, flooding, wildfires, or other nat-
ural disasters.’’; 
(2) in subsection (d)(2), by adding at the end the 
following: 
‘‘(Q) Undergrounding public utility infra-
structure carried out in conjunction with a 
project otherwise eligible under this section. 
‘‘(R) Resiliency improvements on the Na-
tional Highway System, including protective 
features described in subsection (k)(2). 
‘‘(S) Implement activities to protect seg-
ments of the National Highway System from cy-
bersecurity threats.’’; 
(3) in subsection (e)(4)(D), by striking ‘‘anal-
ysis’’ and inserting ‘‘analyses, both of which shall 
take into consideration extreme weather and resil-
ience’’; and
† HR 3684 EAS 
(4) by adding at the end the following: 
‘‘(k) PROTECTIVE FEATURES.— 
‘‘(1) IN GENERAL.—A State may use not more 
than 15 percent of the funds apportioned to the State 
under section 104(b)(1) for each fiscal year for 1 or 
more protective features on a Federal-aid highway or 
bridge not on the National Highway System, if the 
protective feature is designed to mitigate the risk of 
recurring damage or the cost of future repairs from 
extreme weather events, flooding, or other natural dis-
asters. 
‘‘(2) PROTECTIVE
FEATURES
DESCRIBED.—A 
protective feature referred to in paragraph (1) in-
cludes— 
‘‘(A) raising roadway grades; 
‘‘(B) relocating roadways in a base flood-
plain to higher ground above projected flood ele-
vation levels or away from slide prone areas; 
‘‘(C) stabilizing slide areas; 
‘‘(D) stabilizing slopes; 
‘‘(E) lengthening or raising bridges to in-
crease waterway openings; 
‘‘(F) increasing the size or number of drain-
age structures;
† HR 3684 EAS 
‘‘(G) replacing culverts with bridges or 
upsizing culverts; 
‘‘(H) installing seismic retrofits on bridges; 
‘‘(I) adding scour protection at bridges, in-
stalling riprap, or adding other scour, stream 
stability, coastal, or other hydraulic counter-
measures, including spur dikes; and 
‘‘(J) the use of natural infrastructure to 
mitigate the risk of recurring damage or the cost 
of future repair from extreme weather events, 
flooding, or other natural disasters. 
‘‘(3) SAVINGS PROVISION.—Nothing in this sub-
section limits the ability of a State to carry out a 
project otherwise eligible under subsection (d) using 
funds apportioned under section 104(b)(1).’’. 
SEC. 11106. EMERGENCY RELIEF. 
Section 125 of title 23, United States Code, is amend-
ed— 
(1) in subsection (a)(1), by inserting ‘‘wildfire,’’ 
after ‘‘severe storm,’’; 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) RESTRICTION
ON ELIGIBILITY.—Funds under 
this section shall not be used for the repair or reconstruction 
of a bridge that has been permanently closed to all vehicular
† HR 3684 EAS 
traffic by the State or responsible local official because of 
imminent danger of collapse due to a structural deficiency 
or physical deterioration.’’; and 
(3) in subsection (d)— 
(A) in paragraph (2)(A)— 
(i) by striking the period at the end 
and inserting ‘‘; and’’; 
(ii) by striking ‘‘a facility that meets 
the current’’ and inserting the following: ‘‘a 
facility that— 
‘‘(i) meets the current’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) incorporates economically justifi-
able improvements that will mitigate the 
risk of recurring damage from extreme 
weather, flooding, and other natural disas-
ters.’’; 
(B) by redesignating paragraph (3) as 
paragraph (4); and 
(C) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) PROTECTIVE FEATURES.— 
‘‘(A) IN GENERAL.—The cost of an improve-
ment that is part of a project under this section
† HR 3684 EAS 
shall be an eligible expense under this section if 
the improvement is a protective feature that will 
mitigate the risk of recurring damage or the cost 
of future repair from extreme weather, flooding, 
and other natural disasters. 
‘‘(B) PROTECTIVE FEATURES DESCRIBED.— 
A protective feature referred to in subparagraph 
(A) includes— 
‘‘(i) raising roadway grades; 
‘‘(ii) relocating roadways in a flood-
plain to higher ground above projected flood 
elevation levels or away from slide prone 
areas; 
‘‘(iii) stabilizing slide areas; 
‘‘(iv) stabilizing slopes; 
‘‘(v) lengthening or raising bridges to 
increase waterway openings; 
‘‘(vi) increasing the size or number of 
drainage structures; 
‘‘(vii) replacing culverts with bridges 
or upsizing culverts; 
‘‘(viii) installing seismic retrofits on 
bridges; 
‘‘(ix) 
adding 
scour 
protection 
at 
bridges, installing riprap, or adding other
† HR 3684 EAS 
scour, stream stability, coastal, or other hy-
draulic countermeasures, including spur 
dikes; and 
‘‘(x) the use of natural infrastructure 
to mitigate the risk of recurring damage or 
the cost of future repair from extreme 
weather, flooding, and other natural disas-
ters.’’. 
SEC. 11107. FEDERAL SHARE PAYABLE. 
Section 120 of title 23, United States Code, is amend-
ed— 
(1) in subsection (c)— 
(A) in paragraph (1), in the first sentence, 
by inserting ‘‘vehicle-to-infrastructure commu-
nication equipment,’’ after ‘‘breakaway utility 
poles,’’; 
(B) in subparagraph (3)(B)— 
(i) in clause (v), by striking ‘‘or’’ at 
the end; 
(ii) by redesignating clause (vi) as 
clause (vii); and 
(iii) by inserting after clause (v) the 
following: 
‘‘(vi) contractual provisions that pro-
vide safety contingency funds to incorporate
† HR 3684 EAS 
safety enhancements to work zones prior to 
or during roadway construction activities; 
or’’; and 
(C) by adding at the end the following: 
‘‘(4) POOLED
FUNDING.—Notwithstanding any 
other provision of law, the Secretary may waive the 
non-Federal share of the cost of a project or activity 
under section 502(b)(6) that is carried out with 
amounts apportioned under section 104(b)(2) after 
considering appropriate factors, including whether— 
‘‘(A) decreasing or eliminating the non-Fed-
eral share would best serve the interests of the 
Federal-aid highway program; and 
‘‘(B) the project or activity addresses na-
tional or regional high priority research, devel-
opment, and technology transfer problems in a 
manner that would benefit multiple States or 
metropolitan planning organizations.’’; 
(2) in subsection (e)— 
(A) in paragraph (1), by striking ‘‘180 
days’’ and inserting ‘‘270 days’’; and 
(B) in paragraph (4), by striking ‘‘perma-
nent’’; and 
(3) by adding at the end the following:
† HR 3684 EAS 
‘‘(l) FEDERAL
SHARE
FLEXIBILITY
PILOT
PRO-
GRAM.— 
‘‘(1) ESTABLISHMENT.—Not later than 180 days 
after the date of enactment of the Surface Transpor-
tation Reauthorization Act of 2021, the Secretary 
shall establish a pilot program (referred to in this 
subsection as the ‘pilot program’) to give States addi-
tional flexibility with respect to the Federal require-
ments under this section. 
‘‘(2) PROGRAM.— 
‘‘(A) IN
GENERAL.—Notwithstanding any 
other provision of law, a State participating in 
the pilot program (referred to in this subsection 
as a ‘participating State’) may determine the 
Federal share on a project, multiple-project, or 
program basis for projects under any of the fol-
lowing: 
‘‘(i) The national highway perform-
ance program under section 119. 
‘‘(ii) The surface transportation block 
grant program under section 133. 
‘‘(iii) The highway safety improvement 
program under section 148.
† HR 3684 EAS 
‘‘(iv) The congestion mitigation and 
air quality improvement program under 
section 149. 
‘‘(v) The national highway freight pro-
gram under section 167. 
‘‘(vi) The carbon reduction program 
under section 175. 
‘‘(vii) Subsection (c) of the PROTECT 
program under section 176. 
‘‘(B) REQUIREMENTS.— 
‘‘(i) MAXIMUM FEDERAL SHARE.—Sub-
ject to clause (iii), the Federal share of the 
cost of an individual project carried out 
under a program described in subparagraph 
(A) by a participating State and to which 
the participating State is applying the Fed-
eral share requirements under the pilot pro-
gram may be up to 100 percent. 
‘‘(ii) MINIMUM FEDERAL SHARE.—No 
individual project carried out under a pro-
gram described in subparagraph (A) by a 
participating State and to which the par-
ticipating State is applying the Federal 
share requirements under the pilot program 
shall have a Federal share of 0 percent.
† HR 3684 EAS 
‘‘(iii) DETERMINATION.—The average 
annual Federal share of the total cost of all 
projects authorized under a program de-
scribed in subparagraph (A) to which a 
participating State is applying the Federal 
share requirements under the pilot program 
shall be not more than the average of the 
maximum Federal share of those projects if 
those projects were not carried out under the 
pilot program. 
‘‘(C) SELECTION.— 
‘‘(i) APPLICATION.—A State seeking to 
be a participating State shall— 
‘‘(I) submit to the Secretary an 
application in such form, at such time, 
and containing such information as 
the Secretary may require; and 
‘‘(II) have in place adequate fi-
nancial controls to allow the State to 
determine the average annual Federal 
share requirements under the pilot pro-
gram. 
‘‘(ii) REQUIREMENT.—For each of fis-
cal years 2022 through 2026, the Secretary
† HR 3684 EAS 
shall select not more than 10 States to be 
participating States.’’. 
SEC. 11108. RAILWAY-HIGHWAY GRADE CROSSINGS. 
(a) IN GENERAL.—Section 130(e) of title 23, United 
States Code, is amended— 
(1) in the heading, by striking ‘‘PROTECTIVE 
DEVICES’’ and inserting ‘‘RAILWAY-HIGHWAY GRADE 
CROSSINGS’’; and 
(2) in paragraph (1)— 
(A) in subparagraph (A), by striking ‘‘and 
the installation of protective devices at railway- 
highway crossings’’ in the matter preceding 
clause (i) and all that follows through ‘‘2020.’’ in 
clause (v) and inserting the following: ‘‘, the in-
stallation of protective devices at railway-high-
way crossings, the replacement of functionally 
obsolete warning devices, and as described in 
subparagraph (B), not less than $245,000,000 for 
each of fiscal years 2022 through 2026.’’; and 
(B) by striking subparagraph (B) and in-
serting the following: 
‘‘(B) REDUCING
TRESPASSING
FATALITIES 
AND INJURIES.—A State may use funds set aside 
under subparagraph (A) for projects to reduce
† HR 3684 EAS 
pedestrian fatalities and injuries from tres-
passing at grade crossings.’’. 
(b) FEDERAL SHARE.—Section 130(f)(3) of title 23, 
United States Code, is amended by striking ‘‘90 percent’’ 
and inserting ‘‘100 percent’’. 
(c) INCENTIVE PAYMENTS FOR AT-GRADE CROSSING 
CLOSURES.—Section 130(i)(3)(B) of title 23, United States 
Code, is amended by striking ‘‘$7,500’’ and inserting 
‘‘$100,000’’. 
(d) EXPENDITURE OF FUNDS.—Section 130(k) of title 
23, United States Code, is amended by striking ‘‘2 percent’’ 
and inserting ‘‘8 percent’’. 
(e) GAO STUDY.—Not later than 3 years after the date 
of enactment of this Act, the Comptroller General of the 
United States shall submit to Congress a report that in-
cludes an analysis of the effectiveness of the railway-high-
way crossings program under section 130 of title 23, United 
States Code. 
(f) SENSE OF CONGRESS RELATING TO TRESPASSER 
DEATHS ALONG RAILROAD RIGHTS-OF-WAY.—It is the 
sense of Congress that the Department should, where fea-
sible, coordinate departmental efforts to prevent or reduce 
trespasser deaths along railroad rights-of-way and at or 
near railway-highway crossings.
† HR 3684 EAS 
SEC. 11109. SURFACE TRANSPORTATION BLOCK GRANT 
PROGRAM. 
(a) IN GENERAL.—Section 133 of title 23, United 
States Code, is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (B)— 
(I) by adding ‘‘or’’ at the end; 
(II) by striking ‘‘facilities eligi-
ble’’ and inserting the following: ‘‘fa-
cilities— 
‘‘(i) that are eligible’’; and 
(III) by adding at the end the fol-
lowing: 
‘‘(ii) that are privately or majority- 
privately owned, but that the Secretary de-
termines provide a substantial public trans-
portation benefit or otherwise meet the fore-
most needs of the surface transportation sys-
tem described in section 101(b)(3)(D);’’; 
(ii) in subparagraph (E), by striking 
‘‘and’’ at the end; 
(iii) in subparagraph (F), by striking 
the period at the end and inserting ‘‘; and’’; 
and 
(iv) by adding at the end the following:
† HR 3684 EAS 
‘‘(G) wildlife crossing structures.’’; 
(B) 
in 
paragraph 
(3), 
by 
inserting 
‘‘148(a)(4)(B)(xvii),’’ after ‘‘119(g),’’; 
(C) 
by 
redesignating 
paragraphs 
(4) 
through (15) as paragraphs (5), (6), (7), (8), (9), 
(10), (11), (12), (13), (20), (21), and (22), re-
spectively; 
(D) in paragraph (5) (as so redesignated), 
by striking ‘‘railway-highway grade crossings’’ 
and inserting ‘‘projects eligible under section 130 
and installation of safety barriers and nets on 
bridges’’; 
(E) in paragraph (7) (as so redesignated)— 
(i) by inserting ‘‘including the mainte-
nance and restoration of existing rec-
reational trails,’’ after ‘‘section 206’’; and 
(ii) by striking ‘‘the safe routes to 
school program under section 1404 of 
SAFETEA–LU (23 U.S.C. 402 note)’’ and 
inserting ‘‘the safe routes to school program 
under section 208’’; 
(F) by inserting after paragraph (13) (as so 
redesignated) the following: 
‘‘(14) Projects and strategies designed to reduce 
the number of wildlife-vehicle collisions, including
† HR 3684 EAS 
project-related planning, design, construction, moni-
toring, and preventative maintenance. 
‘‘(15) The installation of electric vehicle charging 
infrastructure and vehicle-to-grid infrastructure. 
‘‘(16) The installation and deployment of current 
and emerging intelligent transportation technologies, 
including the ability of vehicles to communicate with 
infrastructure, buildings, and other road users. 
‘‘(17) Planning and construction of projects that 
facilitate intermodal connections between emerging 
transportation technologies, such as magnetic levita-
tion and hyperloop. 
‘‘(18) Protective features, including natural in-
frastructure, to enhance the resilience of a transpor-
tation facility otherwise eligible for assistance under 
this section. 
‘‘(19) Measures to protect a transportation facil-
ity otherwise eligible for assistance under this section 
from cybersecurity threats.’’; and 
(G) by adding at the end the following: 
‘‘(23) Rural barge landing, dock, and waterfront 
infrastructure projects in accordance with subsection 
(j). 
‘‘(24) Projects to enhance travel and tourism.’’; 
(2) in subsection (c)—
† HR 3684 EAS 
(A) in paragraph (2), by striking ‘‘para-
graphs (4) through (11)’’ and inserting ‘‘para-
graphs (5) through (15) and paragraph (23)’’; 
(B) in paragraph (3), by striking ‘‘and’’ at 
the end; 
(C) by redesignating paragraph (4) as 
paragraph (5); and 
(D) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) for a bridge project for the replacement of 
a low water crossing (as defined by the Secretary) 
with a bridge; and’’; 
(3) in subsection (d)— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘reservation’’ and 
inserting ‘‘set aside’’; and 
(ii) in subparagraph (A)— 
(I) in the matter preceding clause 
(i), by striking ‘‘the percentage speci-
fied in paragraph (6) for a fiscal year’’ 
and inserting ‘‘55 percent for each of 
fiscal years 2022 through 2026’’; and 
(II) by striking clauses (ii) and 
(iii) and inserting the following:
† HR 3684 EAS 
‘‘(ii) in urbanized areas of the State 
with an urbanized area population of not 
less than 50,000 and not more than 
200,000; 
‘‘(iii) in urban areas of the State with 
a population not less than 5,000 and not 
more than 49,999; and 
‘‘(iv) in other areas of the State with 
a population less than 5,000; and’’; 
(B) by striking paragraph (3) and inserting 
the following: 
‘‘(3) LOCAL CONSULTATION.— 
‘‘(A) CONSULTATION WITH METROPOLITAN 
PLANNING
ORGANIZATIONS.—For purposes of 
clause (ii) of paragraph (1)(A), a State shall— 
‘‘(i) establish a process to consult with 
all metropolitan planning organizations in 
the State that represent an urbanized area 
described in that clause; and 
‘‘(ii) describe how funds allocated for 
areas described in that clause will be allo-
cated equitably among the applicable ur-
banized areas during the period of fiscal 
years 2022 through 2026.
† HR 3684 EAS 
‘‘(B) 
CONSULTATION
WITH
REGIONAL 
TRANSPORTATION
PLANNING
ORGANIZATIONS.— 
For purposes of clauses (iii) and (iv) of para-
graph (1)(A), before obligating funding attrib-
uted to an area with a population less than 
50,000, a State shall consult with the regional 
transportation planning organizations that rep-
resent the area, if any.’’; and 
(C) by striking paragraph (6); 
(4) in subsection (e)(1), in the matter preceding 
subparagraph (A), by striking ‘‘fiscal years 2016 
through 2020’’ and inserting ‘‘fiscal years 2022 
through 2026’’; 
(5) in subsection (f)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘or low water crossing 
(as defined by the Secretary)’’ after ‘‘a high-
way bridge’’; and 
(ii) by inserting ‘‘or low water crossing 
(as defined by the Secretary)’’ after ‘‘other 
than a bridge’’; 
(B) in paragraph (2)(A)— 
(i) by striking ‘‘activities described in 
subsection (b)(2) for off-system bridges’’ and 
inserting ‘‘activities described in para-
† HR 3684 EAS 
graphs (1)(A) and (10) of subsection (b) for 
off-system bridges, projects and activities 
described in subsection (b)(1)(A) for the re-
placement of low water crossings with 
bridges, and projects and activities de-
scribed in subsection (b)(10) for low water 
crossings (as defined by the Secretary),’’; 
and 
(ii) by striking ‘‘15 percent’’ and in-
serting ‘‘20 percent’’; and 
(C) in paragraph (3), in the matter pre-
ceding subparagraph (A)— 
(i) by striking ‘‘bridge or rehabilita-
tion of a bridge’’ and inserting ‘‘bridge, re-
habilitation of a bridge, or replacement of a 
low water crossing (as defined by the Sec-
retary) with a bridge’’; and 
(ii) by inserting ‘‘or, in the case of a 
replacement of a low water crossing with a 
bridge, is determined by the Secretary on 
completion to have improved the safety of 
the location’’ after ‘‘no longer a deficient 
bridge’’; 
(6) in subsection (g)—
† HR 3684 EAS 
(A) in the subsection heading, by striking 
‘‘LESS THAN 5,000’’ and inserting ‘‘LESS THAN 
50,000’’; and 
(B) by striking paragraph (1) and inserting 
the following: 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(c), and except as provided in paragraph (2), up to 
15 percent of the amounts required to be obligated by 
a State under clauses (iii) and (iv) of subsection 
(d)(1)(A) for each fiscal year may be obligated on— 
‘‘(A) roads functionally classified as rural 
minor collectors or local roads; or 
‘‘(B) on critical rural freight corridors des-
ignated under section 167(e).’’; and 
(7) by adding at the end the following: 
‘‘(j) RURAL BARGE LANDING, DOCK, AND WATER-
FRONT INFRASTRUCTURE PROJECTS.— 
‘‘(1) IN GENERAL.—A State may use not more 
than 5 percent of the funds apportioned to the State 
under section 104(b)(2) for eligible rural barge land-
ing, dock, and waterfront infrastructure projects de-
scribed in paragraph (2). 
‘‘(2) ELIGIBLE
PROJECTS.—An eligible rural 
barge landing, dock, or waterfront infrastructure 
project referred to in paragraph (1) is a project for
† HR 3684 EAS 
the planning, designing, engineering, or construction 
of a barge landing, dock, or other waterfront infra-
structure in a rural community or a Native village 
(as defined in section 3 of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1602)) that is off the road 
system. 
‘‘(k) PROJECTS IN RURAL AREAS.— 
‘‘(1) SET
ASIDE.—Notwithstanding subsection 
(c), in addition to the activities described in sub-
sections (b) and (g), of the amounts apportioned to a 
State for each fiscal year to carry out this section, not 
more than 15 percent may be— 
‘‘(A) used on eligible projects under sub-
section (b) or maintenance activities on roads 
functionally classified as rural minor collectors 
or local roads, ice roads, or seasonal roads; or 
‘‘(B) transferred to— 
‘‘(i) the Appalachian Highway System 
Program under 14501 of title 40; or 
‘‘(ii) the Denali access system program 
under section 309 of the Denali Commission 
Act of 1998 (42 U.S.C. 3121 note; Public 
Law 105–277). 
‘‘(2) 
SAVINGS
CLAUSE.—Amounts 
allocated 
under subsection (d) shall not be used to carry out
† HR 3684 EAS 
this subsection, except at the request of the applicable 
metropolitan planning organization.’’. 
(b) SET-ASIDE.— 
(1) IN
GENERAL.—Section 133(h) of title 23, 
United States Code, is amended— 
(A) in paragraph (1)— 
(i) in the heading, by striking ‘‘RES-
ERVATION
OF
FUNDS’’ and inserting ‘‘IN 
GENERAL’’; and 
(ii) in the matter preceding subpara-
graph (A), by striking ‘‘for each fiscal year’’ 
and all that follows through ‘‘and’’ at the 
end of subparagraph (A)(ii) and inserting 
the following: ‘‘for fiscal year 2022 and each 
fiscal year thereafter— 
‘‘(A) the Secretary shall set aside an 
amount equal to 10 percent to carry out this 
subsection; and’’; 
(B) by striking paragraph (2) and inserting 
the following: 
‘‘(2) ALLOCATION WITHIN A STATE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), funds set aside for a State 
under paragraph (1) shall be obligated within 
that State in the manner described in subsection
† HR 3684 EAS 
(d), except that, for purposes of this paragraph 
(after funds are made available under paragraph 
(5))— 
‘‘(i) for fiscal year 2022 and each fis-
cal year thereafter, the percentage referred 
to in paragraph (1)(A) of that subsection 
shall be deemed to be 59 percent; and 
‘‘(ii) paragraph (3) of subsection (d) 
shall not apply. 
‘‘(B) LOCAL CONTROL.—A State may allo-
cate up to 100 percent of the funds referred to in 
subparagraph (A)(i) if— 
‘‘(i) the State submits to the Secretary 
a plan that describes— 
‘‘(I) how funds will be allocated to 
counties, metropolitan planning orga-
nizations, 
regional 
transportation 
planning organizations as described in 
section 135(m), or local governments; 
‘‘(II) how the entities described in 
subclause (I) will carry out a competi-
tive process to select projects for fund-
ing and report selected projects to the 
State;
† HR 3684 EAS 
‘‘(III) the legal, financial, and 
technical capacity of the entities de-
scribed in subclause (I); 
‘‘(IV) how input was gathered 
from the entities described in subclause 
(I) to ensure those entities will be able 
to comply with the requirements of this 
subsection; and 
‘‘(V) how the State will comply 
with paragraph (8); and 
‘‘(ii) the Secretary approves the plan 
submitted under clause (i).’’; 
(C) by striking paragraph (3) and inserting 
the following: 
‘‘(3) ELIGIBLE
PROJECTS.—Funds set aside 
under this subsection may be obligated for— 
‘‘(A) projects or activities described in sec-
tion 101(a)(29) or 213, as those provisions were 
in effect on the day before the date of enactment 
of the FAST Act (Public Law 114–94; 129 Stat. 
1312); 
‘‘(B) projects and activities under the safe 
routes to school program under section 208; and
† HR 3684 EAS 
‘‘(C) activities in furtherance of a vulner-
able road user safety assessment (as defined in 
section 148(a)).’’; 
(D) in paragraph (4)— 
(i) by striking subparagraph (A); 
(ii) by redesignating subparagraph (B) 
as subparagraph (A); 
(iii) in subparagraph (A) (as so redes-
ignated)— 
(I) by redesignating clauses (vii) 
and (viii) as clauses (viii) and (ix), re-
spectively; 
(II) by inserting after clause (vi) 
the following: 
‘‘(vii) a metropolitan planning organi-
zation that serves an urbanized area with a 
population of 200,000 or fewer;’’; 
(III) in clause (viii) (as so redes-
ignated), by striking ‘‘responsible’’ and 
all that follows through ‘‘programs; 
and’’ and inserting a semicolon; 
(IV) in clause (ix) (as so redesig-
nated)— 
(aa) by inserting ‘‘that serves 
an urbanized area with a popu-
† HR 3684 EAS 
lation of over 200,000’’ after 
‘‘metropolitan planning organiza-
tion’’; and 
(bb) by striking the period at 
the end and inserting ‘‘; and’’; 
and 
(V) by adding at the end the fol-
lowing: 
‘‘(x) a State, at the request of an entity 
described in clauses (i) through (ix).’’; and 
(iv) by adding at the end the following: 
‘‘(B) COMPETITIVE PROCESS.—A State or 
metropolitan planning organization required to 
obligate funds in accordance with paragraph (2) 
shall develop a competitive process to allow eligi-
ble entities to submit projects for funding that 
achieve the objectives of this subsection. 
‘‘(C) SELECTION.—A metropolitan plan-
ning organization for an area described in sub-
section (d)(1)(A)(i) shall select projects under the 
competitive process described in subparagraph 
(B) in consultation with the relevant State. 
‘‘(D) 
PRIORITIZATION.—The 
competitive 
process described in subparagraph (B) shall in-
clude prioritization of project location and im-
† HR 3684 EAS 
pact in high-need areas as defined by the State, 
such as low-income, transit-dependent, rural, or 
other areas.’’; 
(E) in paragraph (5)(A), by striking ‘‘re-
served under this section’’ and inserting ‘‘set 
aside under this subsection’’; 
(F) in paragraph (6)— 
(i) in subparagraph (B), by striking 
‘‘reserved’’ and inserting ‘‘set aside’’; and 
(ii) by adding at the end the following: 
‘‘(C) IMPROVING ACCESSIBILITY AND EFFI-
CIENCY.— 
‘‘(i) IN GENERAL.—A State may use 
an amount equal to not more than 5 per-
cent of the funds set aside for the State 
under this subsection, 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 pro-
viding— 
‘‘(I) to applicants for projects 
under this subsection application as-
sistance, technical assistance, and as-
sistance in reducing the period of time
† HR 3684 EAS 
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 ad-
minister this subsection. 
‘‘(ii) USE OF FUNDS.—Amounts used 
under clause (i) may be expended— 
‘‘(I) directly by the State; or 
‘‘(II) through contracts with State 
agencies, private entities, or nonprofit 
entities.’’; 
(G) by redesignating paragraph (7) as 
paragraph (8); 
(H) by inserting after paragraph (6) the 
following: 
‘‘(7) FEDERAL SHARE.— 
‘‘(A) REQUIRED AGGREGATE NON-FEDERAL 
SHARE.—The average annual non-Federal share 
of the total cost of all projects for which funds 
are obligated under this subsection in a State for 
a fiscal year shall be not less than the average 
non-Federal share of the cost of the projects that 
would otherwise apply.
† HR 3684 EAS 
‘‘(B) FLEXIBLE FINANCING.—Subject to sub-
paragraph (A), notwithstanding section 120— 
‘‘(i) funds made available to 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 an eligible project de-
scribed in section 148(e)(1); and 
‘‘(II) is consistent with the State 
strategic highway safety plan (as de-
fined in section 148(a)); 
‘‘(ii) the non-Federal share for a 
project under this subsection may be cal-
culated on a project, multiple-project, or 
program basis; and 
‘‘(iii) the Federal share of the cost of 
an individual project in this section may be 
up to 100 percent. 
‘‘(C) REQUIREMENT.—Subparagraph (B) 
shall only apply to a State if the State has ade-
quate financial controls, as certified by the Sec-
retary, to account for the average annual non- 
Federal share under this paragraph.’’; and 
(I) in subparagraph (A) of paragraph (8) 
(as so redesignated)—
† HR 3684 EAS 
(i) in the matter preceding clause (i), 
by striking ‘‘describes’’ and inserting ‘‘in-
cludes’’; and 
(ii) by striking clause (ii) and insert-
ing the following: 
‘‘(ii) a list of each project selected for 
funding for each fiscal year, including, for 
each project— 
‘‘(I) the fiscal year during which 
the project was selected; 
‘‘(II) the fiscal year in which the 
project is anticipated to be funded; 
‘‘(III) the recipient; 
‘‘(IV) the location, including the 
congressional district; 
‘‘(V) the type; 
‘‘(VI) the cost; and 
‘‘(VII) a brief description.’’. 
(2) STATE TRANSFERABILITY.—Section 126(b)(2) 
of title 23, United States Code, is amended— 
(A) by striking the period at the end and 
inserting ‘‘; and’’; 
(B) by striking ‘‘reserved for a State under 
section 133(h) for a fiscal year may’’ and insert-
† HR 3684 EAS 
ing the following: ‘‘set aside for a State under 
section 133(h) for a fiscal year— 
‘‘(A) may’’; and 
(C) by adding at the end the following: 
‘‘(B) may only be transferred if the Sec-
retary certifies that the State— 
‘‘(i) held a competition in compliance 
with the guidance issued to carry out sec-
tion 133(h) and provided sufficient time for 
applicants to apply; 
‘‘(ii) offered to each eligible entity, and 
provided on request of an eligible entity, 
technical assistance; and 
‘‘(iii) demonstrates that there were not 
sufficiently suitable applications from eligi-
ble entities to use the funds to be trans-
ferred.’’. 
SEC. 11110. NATIONALLY SIGNIFICANT FREIGHT AND HIGH-
WAY PROJECTS. 
(a) IN GENERAL.—Section 117 of title 23, United 
States Code, is amended— 
(1) in the section heading, by inserting 
‘‘multimodal’’ before ‘‘freight’’; 
(2) in subsection (a)(2)—
† HR 3684 EAS 
(A) in subparagraph (A), by inserting ‘‘in 
and across rural and urban areas’’ after ‘‘peo-
ple’’; 
(B) in subparagraph (C), by inserting ‘‘or 
freight’’ after ‘‘highway’’; 
(C) in subparagraph (E), by inserting ‘‘or 
freight’’ after ‘‘highway’’; and 
(D) in subparagraph (F), by inserting ‘‘, 
including highways that support movement of 
energy equipment’’ after ‘‘security’’; 
(3) in subsection (b), by adding at the end the 
following: 
‘‘(3) GRANT
ADMINISTRATION.—The Secretary 
may— 
‘‘(A) retain not more than a total of 2 per-
cent of the funds made available to carry out 
this section for the National Surface Transpor-
tation and Innovative Finance Bureau to review 
applications for grants under this section; and 
‘‘(B) transfer portions of the funds retained 
under subparagraph (A) to the relevant Admin-
istrators to fund the award and oversight of 
grants provided under this section.’’; 
(4) in subsection (c)(1)—
† HR 3684 EAS 
(A) by redesignating subparagraph (H) as 
subparagraph (I); and 
(B) by inserting after subparagraph (G) the 
following: 
‘‘(H) A multistate corridor organization.’’; 
(5) in subsection (d)— 
(A) in paragraph (1)(A)— 
(i) in clause (iii)(II), by striking ‘‘or’’ 
at the end; 
(ii) in clause (iv), by striking ‘‘and’’ at 
the end; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(v) a wildlife crossing project; 
‘‘(vi) a surface transportation infra-
structure project that— 
‘‘(I) is located within the bound-
aries of or functionally connected to an 
international border crossing area in 
the United States; 
‘‘(II) improves a transportation 
facility owned by a Federal, State, or 
local government entity; and
† HR 3684 EAS 
‘‘(III) increases throughput effi-
ciency of the border crossing described 
in subclause (I), including— 
‘‘(aa) a project to add lanes; 
‘‘(bb) a project to add tech-
nology; and 
‘‘(cc) other surface transpor-
tation improvements; 
‘‘(vii) a project for a marine highway 
corridor designated by the Secretary under 
section 55601(c) of title 46 (including an 
inland waterway corridor), if the Secretary 
determines that the project— 
‘‘(I) is functionally connected to 
the National Highway Freight Net-
work; and 
‘‘(II) is likely to reduce on-road 
mobile source emissions; or 
‘‘(viii) a highway, bridge, or freight 
project 
carried 
out 
on 
the 
National 
Multimodal Freight Network established 
under section 70103 of title 49; and’’; and 
(B) in paragraph (2)(A), in the matter pre-
ceding clause (i)—
† HR 3684 EAS 
(i) by striking ‘‘$600,000,000’’ and in-
serting ‘‘30 percent’’; and 
(ii) by striking ‘‘fiscal years 2016 
through 2020, in the aggregate,’’ and insert-
ing ‘‘each of fiscal years 2022 through 
2026’’; 
(6) in subsection (e)— 
(A) in paragraph (1), by striking ‘‘10 per-
cent’’ and inserting ‘‘not less than 15 percent’’; 
(B) in paragraph (3)— 
(i) in subparagraph (A), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (B), by striking 
the period at the end and inserting ‘‘; and’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(C) the effect of the proposed project on 
safety on freight corridors with significant haz-
ards, such as high winds, heavy snowfall, flood-
ing, rockslides, mudslides, wildfire, wildlife cross-
ing onto the roadway, or steep grades.’’; and 
(C) by adding at the end the following: 
‘‘(4) REQUIREMENT.—Of the amounts reserved 
under paragraph (1), not less than 30 percent shall
† HR 3684 EAS 
be used for projects in rural areas (as defined in sub-
section (i)(3)).’’; 
(7) in subsection (f)(2), by inserting ‘‘(including 
a project to replace or rehabilitate a culvert, or to re-
duce stormwater runoff for the purpose of improving 
habitat for aquatic species)’’ after ‘‘environmental 
mitigation’’; 
(8) in subsection (h)— 
(A) in paragraph (2), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (3), by striking the period 
at the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(4) enhancement of freight resilience to natural 
hazards or disasters, including high winds, heavy 
snowfall, flooding, rockslides, mudslides, wildfire, 
wildlife crossing onto the roadway, or steep grades; 
‘‘(5) whether the project will improve the shared 
transportation corridor of a multistate corridor orga-
nization, if applicable; and 
‘‘(6) prioritizing projects located in States in 
which neither the State nor an eligible entity in that 
State has been awarded a grant under this section.’’;
† HR 3684 EAS 
(9) in subsection (i)(2), by striking ‘‘other grants 
under this section’’ and inserting ‘‘grants under sub-
section (e)’’; 
(10) in subsection (j)— 
(A) by striking the subsection designation 
and heading and all that follows through ‘‘The 
Federal share’’ in paragraph (1) and inserting 
the following: 
‘‘(j) FEDERAL ASSISTANCE.— 
‘‘(1) FEDERAL SHARE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B) or for a grant under sub-
section (q), the Federal share’’; 
(B) in paragraph (1), by adding at the end 
the following: 
‘‘(B) SMALL PROJECTS.—In the case of a 
project described in subsection (e)(1), the Federal 
share of the cost of the project shall be 80 per-
cent.’’; and 
(C) in paragraph (2)— 
(i) by striking ‘‘Federal assistance 
other’’ and inserting ‘‘Except for grants 
under subsection (q), Federal assistance 
other’’; and
† HR 3684 EAS 
(ii) by striking ‘‘except that the total 
Federal’’ and inserting the following: ‘‘ex-
cept that— 
‘‘(A) for a State with a population density 
of not more than 80 persons per square mile of 
land area, based on the 2010 census, the max-
imum share of the total Federal assistance pro-
vided for a project receiving a grant under this 
section shall be the applicable share under sec-
tion 120(b); and 
‘‘(B) for a State not described in subpara-
graph (A), the total Federal’’; 
(11) by redesignating subsections (k) through (n) 
as subsections (l), (m), (n), and (p), respectively; 
(12) by inserting after subsection (j) the fol-
lowing: 
‘‘(k) EFFICIENT USE OF NON-FEDERAL FUNDS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law and subject to approval by the Sec-
retary under paragraph (2)(B), in the case of any 
grant for a project under this section, during the pe-
riod beginning on the date on which the grant recipi-
ent is selected and ending on the date on which the 
grant agreement is signed—
† HR 3684 EAS 
‘‘(A) the grant recipient may obligate and 
expend non-Federal funds with respect to the 
project for which the grant is provided; and 
‘‘(B) any non-Federal funds obligated or ex-
pended in accordance with subparagraph (A) 
shall be credited toward the non-Federal cost 
share for the project for which the grant is pro-
vided. 
‘‘(2) REQUIREMENTS.— 
‘‘(A) APPLICATION.—In order to obligate 
and expend non-Federal funds under paragraph 
(1), the grant recipient shall submit to the Sec-
retary a request to obligate and expend non-Fed-
eral funds under that paragraph, including— 
‘‘(i) a description of the activities the 
grant recipient intends to fund; 
‘‘(ii) a justification for advancing the 
activities described in clause (i), including 
an assessment of the effects to the project 
scope, schedule, and budget if the request is 
not approved; and 
‘‘(iii) the level of risk of the activities 
described in clause (i).
100 
† HR 3684 EAS 
‘‘(B) APPROVAL.—The Secretary shall ap-
prove or disapprove each request submitted 
under subparagraph (A). 
‘‘(C) COMPLIANCE
WITH
APPLICABLE
RE-
QUIREMENTS.—Any non-Federal funds obligated 
or expended under paragraph (1) shall comply 
with all applicable requirements, including any 
requirements included in the grant agreement. 
‘‘(3) EFFECT.—The obligation or expenditure of 
any non-Federal funds in accordance with this sub-
section shall not— 
‘‘(A) affect the signing of a grant agreement 
or other applicable grant procedures with respect 
to the applicable grant; 
‘‘(B) create an obligation on the part of the 
Federal Government to repay any non-Federal 
funds if the grant agreement is not signed; or 
‘‘(C) affect the ability of the recipient of the 
grant to obligate or expend non-Federal funds to 
meet the non-Federal cost share for the project 
for which the grant is provided after the period 
described in paragraph (1).’’; 
(13) in subsection (n) (as so redesignated), by 
striking paragraph (1) and inserting the following:
101 
† HR 3684 EAS 
‘‘(1) IN GENERAL.—Not later than 60 days be-
fore the date on which a grant is provided for a 
project under this section, the Secretary shall submit 
to the Committees on Commerce, Science, and Trans-
portation and Environment and Public Works of the 
Senate and the Committee on Transportation and In-
frastructure of the House of Representatives a report 
describing the proposed grant, including— 
‘‘(A) an evaluation and justification for the 
applicable project; and 
‘‘(B) a description of the amount of the pro-
posed grant award.’’; 
(14) by inserting after subsection (n) (as so re-
designated) the following: 
‘‘(o) APPLICANT NOTIFICATION.— 
‘‘(1) IN GENERAL.—Not later than 60 days after 
the date on which a grant recipient for a project 
under this section is selected, the Secretary shall pro-
vide to each eligible applicant not selected for that 
grant a written notification that the eligible appli-
cant was not selected. 
‘‘(2) INCLUSION.—A written notification under 
paragraph (1) shall include an offer for a written or 
telephonic debrief by the Secretary that will pro-
vide—
102 
† HR 3684 EAS 
‘‘(A) detail on the evaluation of the applica-
tion of the eligible applicant; and 
‘‘(B) an explanation of and guidance on the 
reasons the application was not selected for a 
grant under this section. 
‘‘(3) RESPONSE.— 
‘‘(A) IN GENERAL.—Not later than 30 days 
after the eligible applicant receives a written no-
tification under paragraph (1), if the eligible ap-
plicant opts to receive a debrief described in 
paragraph (2), the eligible applicant shall notify 
the Secretary that the eligible applicant is re-
questing a debrief. 
‘‘(B) DEBRIEF.—If the eligible applicant 
submits a request for a debrief under subpara-
graph (A), the Secretary shall provide the debrief 
by not later than 60 days after the date on which 
the Secretary receives the request for a debrief.’’; 
and 
(15) by striking subsection (p) (as so redesig-
nated) and inserting the following: 
‘‘(p) REPORTS.— 
‘‘(1) ANNUAL REPORT.— 
‘‘(A) IN
GENERAL.—Notwithstanding any 
other provision of law, not later than 30 days
103 
† HR 3684 EAS 
after the date on which the Secretary selects a 
project for funding under this section, the Sec-
retary shall submit to the Committee on Envi-
ronment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure 
of the House of Representatives a report that de-
scribes the reasons for selecting the project, based 
on any criteria established by the Secretary in 
accordance with this section. 
‘‘(B) INCLUSIONS.—The report submitted 
under subparagraph (A) shall specify each cri-
terion established by the Secretary that the 
project meets. 
‘‘(C) AVAILABILITY.—The Secretary shall 
make available on the website of the Department 
of Transportation the report submitted under 
subparagraph (A). 
‘‘(D) APPLICABILITY.—This paragraph ap-
plies to all projects described in subparagraph 
(A) that the Secretary selects on or after October 
1, 2021. 
‘‘(2) COMPTROLLER GENERAL.— 
‘‘(A) ASSESSMENT.—The Comptroller Gen-
eral of the United States shall conduct an assess-
ment of the establishment, solicitation, selection,
104 
† HR 3684 EAS 
and justification process with respect to the 
funding of projects under this section. 
‘‘(B) REPORT.—Not later than 1 year after 
the date of enactment of the Surface Transpor-
tation Reauthorization Act of 2021 and annually 
thereafter, the Comptroller General of the United 
States shall submit to the Committee on Envi-
ronment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure 
of the House of Representatives a report that de-
scribes, for each project selected to receive fund-
ing under this section— 
‘‘(i) the process by which each project 
was selected; 
‘‘(ii) the factors that went into the se-
lection of each project; and 
‘‘(iii) the justification for the selection 
of each project based on any criteria estab-
lished by the Secretary in accordance with 
this section. 
‘‘(3) INSPECTOR
GENERAL.—Not later than 1 
year after the date of enactment of the Surface Trans-
portation Reauthorization Act of 2021 and annually 
thereafter, the Inspector General of the Department of 
Transportation shall—
105 
† HR 3684 EAS 
‘‘(A) conduct an assessment of the establish-
ment, solicitation, selection, and justification 
process with respect to the funding of projects 
under this section; and 
‘‘(B) submit to the Committee on Environ-
ment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure 
of the House of Representatives a final report 
that describes the findings of the Inspector Gen-
eral of the Department of Transportation with 
respect to the assessment conducted under sub-
paragraph (A). 
‘‘(q) STATE INCENTIVES PILOT PROGRAM.— 
‘‘(1) ESTABLISHMENT.—There is established a 
pilot program to award grants to eligible applicants 
for projects eligible for grants under this section (re-
ferred to in this subsection as the ‘pilot program’). 
‘‘(2) PRIORITY.—In awarding grants under the 
pilot program, the Secretary shall give priority to an 
application that offers a greater non-Federal share of 
the cost of a project relative to other applications 
under the pilot program. 
‘‘(3) FEDERAL SHARE.— 
‘‘(A) IN
GENERAL.—Notwithstanding any 
other provision of law, the Federal share of the
106 
† HR 3684 EAS 
cost of a project assisted with a grant under the 
pilot program may not exceed 50 percent. 
‘‘(B) NO FEDERAL INVOLVEMENT.— 
‘‘(i) IN GENERAL.—For grants award-
ed under the pilot program, except as pro-
vided in clause (ii), an eligible applicant 
may not use Federal assistance to satisfy 
the non-Federal share of the cost under sub-
paragraph (A). 
‘‘(ii) EXCEPTION.—An eligible appli-
cant may use funds from a secured loan (as 
defined in section 601(a)) to satisfy the 
non-Federal share of the cost under sub-
paragraph (A) if the loan is repayable from 
non-Federal funds. 
‘‘(4) RESERVATION.— 
‘‘(A) IN GENERAL.—Of the amounts made 
available to provide grants under this section, 
the Secretary shall reserve for each fiscal year 
$150,000,000 to provide grants under the pilot 
program. 
‘‘(B) UNUTILIZED AMOUNTS.—In any fiscal 
year during which applications under this sub-
section are insufficient to effect an award or al-
location of the entire amount reserved under sub-
107 
† HR 3684 EAS 
paragraph (A), the Secretary shall use the unuti-
lized amounts to provide other grants under this 
section. 
‘‘(5) SET-ASIDES.— 
‘‘(A) SMALL PROJECTS.— 
‘‘(i) IN GENERAL.—Of the amounts re-
served under paragraph (4)(A), the Sec-
retary shall reserve for each fiscal year not 
less than 10 percent for projects eligible for 
a grant under subsection (e). 
‘‘(ii) REQUIREMENT.—For a grant 
awarded from the amount reserved under 
clause (i)— 
‘‘(I) the requirements of subsection 
(e) shall apply; and 
‘‘(II) the requirements of sub-
section (g) shall not apply. 
‘‘(B) RURAL PROJECTS.— 
‘‘(i) IN GENERAL.—Of the amounts re-
served under paragraph (4)(A), the Sec-
retary shall reserve for each fiscal year not 
less than 25 percent for projects eligible for 
a grant under subsection (i). 
‘‘(ii) REQUIREMENT.—For a grant 
awarded from the amount reserved under
108 
† HR 3684 EAS 
clause (i), the requirements of subsection (i) 
shall apply. 
‘‘(6) REPORT TO CONGRESS.—Not later than 2 
years after the date of enactment of this subsection, 
the Secretary shall submit to the Committee on Envi-
ronment and Public Works and the Committee on 
Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastruc-
ture of the House of Representatives a report that de-
scribes the administration of the pilot program, in-
cluding— 
‘‘(A) the number, types, and locations of eli-
gible applicants that have applied for grants 
under the pilot program; 
‘‘(B) the number, types, and locations of 
grant recipients under the pilot program; 
‘‘(C) an assessment of whether implementa-
tion of the pilot program has incentivized eligi-
ble applicants to offer a greater non-Federal 
share for grants under the pilot program; and 
‘‘(D) any recommendations for modifica-
tions to the pilot program. 
‘‘(r) MULTISTATE
CORRIDOR
ORGANIZATION
DE-
FINED.—For purposes of this section, the term ‘multistate 
corridor organization’ means an organization of a group
109 
† HR 3684 EAS 
of States developed through cooperative agreements, coali-
tions, or other arrangements to promote regional coopera-
tion, planning, and shared project implementation for pro-
grams and projects to improve transportation system man-
agement and operations for a shared transportation cor-
ridor. 
‘‘(s) ADDITIONAL AUTHORIZATION
OF APPROPRIA-
TIONS.—In addition to amounts made available from the 
Highway Trust Fund, there are authorized to be appro-
priated to carry out this section, to remain available for 
a period of 3 fiscal years following the fiscal year for which 
the amounts are appropriated— 
‘‘(1) $1,000,000,000 for fiscal year 2022; 
‘‘(2) $1,100,000,000 for fiscal year 2023; 
‘‘(3) $1,200,000,000 for fiscal year 2024; 
‘‘(4) $1,300,000,000 for fiscal year 2025; and 
‘‘(5) $1,400,000,000 for fiscal year 2026.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
1 of title 23, United States Code, is amended by striking 
the item relating to section 117 and inserting the following: 
‘‘117. Nationally significant multimodal freight and highway projects.’’. 
(c) EFFICIENT USE OF NON-FEDERAL FUNDS.— 
(1) IN
GENERAL.—Notwithstanding any other 
provision of law, in the case of a grant described in 
paragraph (2), section 117(k) of title 23, United
110 
† HR 3684 EAS 
States Code, shall apply to the grant as if the grant 
was a grant provided under that section. 
(2) GRANT DESCRIBED.—A grant referred to in 
paragraph (1) is a grant that is— 
(A) provided under a competitive discre-
tionary grant program administered by the Fed-
eral Highway Administration; 
(B) for a project eligible under title 23, 
United States Code; and 
(C) in an amount greater than $5,000,000. 
SEC. 11111. 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)— 
(i) in clause (i), by inserting ‘‘that 
provides for the safety of all road users, as 
appropriate, 
including 
a 
multimodal 
roundabout’’ after ‘‘improvement’’; 
(ii) in clause (vi), by inserting ‘‘or a 
grade separation project’’ after ‘‘devices’’; 
(iii) by striking clause (viii) and in-
serting the following:
111 
† HR 3684 EAS 
‘‘(viii) Construction or installation of 
features, measures, and road designs to 
calm traffic and reduce vehicle speeds.’’; 
(iv) by striking clause (xxvi) and in-
serting the following: 
‘‘(xxvi) Installation or upgrades of 
traffic control devices for pedestrians and 
bicyclists, including pedestrian hybrid bea-
cons and the addition of bicycle movement 
phases to traffic signals.’’; and 
(v) by striking clauses (xxvii) and 
(xxviii) and inserting the following: 
‘‘(xxvii) Roadway improvements that 
provide separation between pedestrians and 
motor vehicles or between bicyclists and 
motor vehicles, including medians, pedes-
trian crossing islands, protected bike lanes, 
and protected intersection features. 
‘‘(xxviii) A pedestrian security feature 
designed to slow or stop a motor vehicle. 
‘‘(xxix) A physical infrastructure safe-
ty project not described in clauses (i) 
through (xxviii).’’;
112 
† HR 3684 EAS 
(B) 
by 
redesignating 
paragraphs 
(9) 
through (12) as paragraphs (10), (12), (13), and 
(14), respectively; 
(C) by inserting after paragraph (8) the fol-
lowing: 
‘‘(9) SAFE SYSTEM APPROACH.—The term ‘safe 
system approach’ means a roadway design— 
‘‘(A) that emphasizes minimizing the risk of 
injury or fatality to road users; and 
‘‘(B) that— 
‘‘(i) takes into consideration the possi-
bility and likelihood of human error; 
‘‘(ii) accommodates human injury tol-
erance by taking into consideration likely 
accident types, resulting impact forces, and 
the ability of the human body to withstand 
impact forces; and 
‘‘(iii) takes into consideration vulner-
able road users.’’; 
(D) by inserting after paragraph (10) (as so 
redesignated) the following: 
‘‘(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
113 
† HR 3684 EAS 
title that is consistent with the State strategic 
highway safety plan. 
‘‘(B) INCLUSION.—The term ‘specified safe-
ty project’ includes a project that— 
‘‘(i) promotes public awareness and in-
forms the public regarding highway safety 
matters (including safety for motorcyclists, 
bicyclists, pedestrians, individuals with dis-
abilities, and other road users); 
‘‘(ii) facilitates enforcement of traffic 
safety laws; 
‘‘(iii) provides infrastructure and in-
frastructure-related equipment to support 
emergency services; 
‘‘(iv) conducts safety-related research to 
evaluate 
experimental 
safety 
counter-
measures or equipment; or 
‘‘(v) supports safe routes to school non-
infrastructure-related activities described in 
section 208(g)(2).’’; 
(E) in paragraph (13) (as so redesig-
nated)— 
(i) by redesignating subparagraphs 
(G), (H), and (I) as subparagraphs (H), 
(I), and (J), respectively; and
114 
† HR 3684 EAS 
(ii) by inserting after subparagraph 
(F) the following; 
‘‘(G) includes a vulnerable road user safety 
assessment;’’; and 
(F) by adding at the end the following: 
‘‘(15) VULNERABLE ROAD USER.—The term ‘vul-
nerable road user’ means a nonmotorist— 
‘‘(A) with a fatality analysis reporting sys-
tem person attribute code that is included in the 
definition of the term ‘number of non-motorized 
fatalities’ in section 490.205 of title 23, Code of 
Federal Regulations (or successor regulations); or 
‘‘(B) described in the term ‘number of non- 
motorized serious injuries’ in that section. 
‘‘(16) VULNERABLE ROAD USER SAFETY ASSESS-
MENT.—The term ‘vulnerable road user safety assess-
ment’ means an assessment of the safety performance 
of the State with respect to vulnerable road users and 
the plan of the State to improve the safety of vulner-
able road users as described in subsection (l).’’; 
(2) in subsection (c)— 
(A) in paragraph (1)(A), by striking ‘‘sub-
sections (a)(11)’’ and inserting ‘‘subsections 
(a)(13)’’; and 
(B) in paragraph (2)—
115 
† HR 3684 EAS 
(i) in subparagraph (A)(vi), by insert-
ing ‘‘and to differentiate the safety data for 
vulnerable road users, including bicyclists, 
motorcyclists, and pedestrians, from other 
road users’’ after ‘‘crashes’’; 
(ii) in subparagraph (B)(i), by strik-
ing ‘‘(including motorcyclists), bicyclists, 
pedestrians,’’ and inserting ‘‘, vulnerable 
road 
users 
(including 
motorcyclists, 
bicyclists, pedestrians),’’; and 
(iii) in subparagraph (D)— 
(I) in clause (iv), by striking 
‘‘and’’ at the end; 
(II) in clause (v), by striking the 
semicolon at the end and inserting ‘‘; 
and’’; and 
(III) by adding at the end the fol-
lowing: 
‘‘(vi) improves the ability of the State 
to differentiate the fatalities and serious in-
juries of vulnerable road users, including 
bicyclists, motorcyclists, and pedestrians, 
from other road users;’’; 
(3) in subsection (d)(2)(B)(i), by striking ‘‘sub-
section (a)(11)’’ and inserting ‘‘subsection (a)(13)’’;
116 
† HR 3684 EAS 
(4) in subsection (e), by adding at the end the 
following: 
‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFETY 
PROJECTS.— 
‘‘(A) IN GENERAL.—To advance the imple-
mentation of a State strategic highway safety 
plan, a State may use not more than 10 percent 
of the amounts apportioned to the State under 
section 104(b)(3) for a fiscal year to carry out 
specified safety projects. 
‘‘(B) RULE OF CONSTRUCTION.—Nothing in 
this paragraph requires 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 car-
ried out 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.—Nothing in this paragraph pro-
hibits the use of funds made available under 
other provisions of this title for a specified
117 
† HR 3684 EAS 
safety project that is a noninfrastructure 
project.’’; 
(5) in subsection (g), by adding at the end the 
following: 
‘‘(3) VULNERABLE ROAD USER SAFETY.—If the 
total annual fatalities of vulnerable road users in a 
State represents not less than 15 percent of the total 
annual crash fatalities in the State, that State shall 
be required to obligate not less than 15 percent of the 
amounts apportioned to the State under section 
104(b)(3) for the following fiscal year for highway 
safety improvement projects to address the safety of 
vulnerable road users.’’; and 
(6) by adding at the end the following: 
‘‘(l) VULNERABLE
ROAD
USER
SAFETY
ASSESS-
MENT.— 
‘‘(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this subsection, each State 
shall complete a vulnerable road user safety assess-
ment. 
‘‘(2) CONTENTS.—A vulnerable road user safety 
assessment under paragraph (1) shall include— 
‘‘(A) a quantitative analysis of vulnerable 
road user fatalities and serious injuries that—
118 
† HR 3684 EAS 
‘‘(i) includes data such as location, 
roadway functional classification, design 
speed, speed limit, and time of day; 
‘‘(ii) considers the demographics of the 
locations of fatalities and serious injuries, 
including race, ethnicity, income, and age; 
and 
‘‘(iii) based on the data, identifies 
areas as ‘high-risk’ to vulnerable road users; 
and 
‘‘(B) a program of projects or strategies to 
reduce safety risks to vulnerable road users in 
areas identified as high-risk under subparagraph 
(A)(iii). 
‘‘(3) USE OF DATA.—In carrying out a vulner-
able road user safety assessment under paragraph (1), 
a State shall use data from the most recent 5-year pe-
riod for which data is available. 
‘‘(4) REQUIREMENTS.—In carrying out a vulner-
able road user safety assessment under paragraph (1), 
a State shall— 
‘‘(A) take into consideration a safe system 
approach; and 
‘‘(B) consult with local governments, metro-
politan planning organizations, and regional
119 
† HR 3684 EAS 
transportation planning organizations that rep-
resent a high-risk area identified under para-
graph (2)(A)(iii). 
‘‘(5) UPDATE.—A State shall update the vulner-
able road user safety assessment of the State in ac-
cordance with the updates required to the State stra-
tegic highway safety plan under subsection (d). 
‘‘(6) REQUIREMENT FOR TRANSPORTATION SYS-
TEM
ACCESS.—The program of projects developed 
under paragraph (2)(B) may not degrade transpor-
tation system access for vulnerable road users. 
‘‘(7) GUIDANCE.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this subsection, the 
Secretary shall develop guidance for States to 
carry out this subsection. 
‘‘(B) CONSULTATION.—In developing the 
guidance under this paragraph, the Secretary 
shall consult with the States and relevant safety 
stakeholders.’’. 
(b) HIGH-RISK RURAL ROADS.— 
(1) STUDY.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall up-
date the study under section 1112(b)(1) of MAP–21 
(23 U.S.C. 148 note; Public Law 112–141).
120 
† HR 3684 EAS 
(2) PUBLICATION OF REPORT.—Not later than 2 
years after the date of enactment of this Act, the Sec-
retary shall publish on the website of the Department 
of Transportation an update to the report described 
in section 1112(b)(2) of MAP–21 (23 U.S.C. 148 note; 
Public Law 112–141). 
(3) BEST PRACTICES MANUAL.—Not later than 
180 days after the date on which the report is pub-
lished under 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; Public 
Law 112–141). 
SEC. 11112. FEDERAL LANDS TRANSPORTATION PROGRAM. 
Section 203(a) of title 23, United States Code, is 
amended— 
(1) 
in 
paragraph 
(1)(D), 
by 
striking 
‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’; and 
(2) by adding at the end the following: 
‘‘(6) NATIVE
PLANT
MATERIALS.—In carrying 
out an activity described in paragraph (1), the entity 
carrying out the activity shall consider, to the max-
imum extent practicable— 
‘‘(A) the use of locally adapted native plant 
materials; and
121 
† HR 3684 EAS 
‘‘(B) designs that minimize runoff and heat 
generation.’’. 
SEC. 11113. FEDERAL LANDS ACCESS PROGRAM. 
(a) FEDERAL SHARE.—Section 201 of title 23, United 
States Code, is amended— 
(1) in subsection (b)(7)(B), by striking ‘‘deter-
mined in accordance with section 120’’, and inserting 
‘‘be up to 100 percent’’; and 
(2) in subsection (c)(8)(A), by striking ‘‘5 per-
cent’’ and inserting ‘‘20 percent’’. 
(b) FEDERAL LANDS ACCESS PROGRAM.—Section 
204(a) of title 23, United States Code, is amended— 
(1) in paragraph (1)(A)— 
(A) in the matter preceding clause (i), by 
inserting ‘‘context-sensitive solutions,’’ after ‘‘res-
toration,’’; 
(B) in clause (i), by inserting ‘‘, including 
interpretive panels in or adjacent to those areas’’ 
after ‘‘areas’’; 
(C) in clause (v), by striking ‘‘and’’ at the 
end; 
(D) by redesignating clause (vi) as clause 
(ix); and 
(E) by inserting after clause (v) the fol-
lowing:
122 
† HR 3684 EAS 
‘‘(vi) contextual wayfinding markers; 
‘‘(vii) landscaping; 
‘‘(viii) cooperative mitigation of visual 
blight, including screening or removal; 
and’’; and 
(2) by adding at the end the following: 
‘‘(6) NATIVE
PLANT
MATERIALS.—In carrying 
out an activity described in paragraph (1), the Sec-
retary shall ensure that the entity carrying out the 
activity considers, to the maximum extent prac-
ticable— 
‘‘(A) the use of locally adapted native plant 
materials; and 
‘‘(B) designs that minimize runoff and heat 
generation.’’. 
SEC. 11114. NATIONAL HIGHWAY FREIGHT PROGRAM. 
Section 167 of title 23, United States Code, is amend-
ed— 
(1) in subsection (e)— 
(A) in paragraph (2), by striking ‘‘150 
miles’’ and inserting ‘‘300 miles’’; and 
(B) by adding at the end the following: 
‘‘(3) RURAL
STATES.—Notwithstanding para-
graph (2), a State with a population per square mile 
of area that is less than the national average, based
123 
† HR 3684 EAS 
on the 2010 census, may designate as critical rural 
freight corridors a maximum of 600 miles of highway 
or 25 percent of the primary highway freight system 
mileage in the State, whichever is greater.’’; 
(2) in subsection (f)(4), by striking ‘‘75 miles’’ 
and inserting ‘‘150 miles’’; and 
(3) in subsection (i)(5)(B)— 
(A) in the matter preceding clause (i), by 
striking ‘‘10 percent’’ and inserting ‘‘30 per-
cent’’; 
(B) in clause (i), by striking ‘‘and’’ at the 
end; 
(C) in clause (ii), by striking the period at 
the end and inserting a semicolon; and 
(D) by adding at the end the following: 
‘‘(iii) for the modernization or reha-
bilitation of a lock and dam, if the Sec-
retary determines that the project— 
‘‘(I) is functionally connected to 
the National Highway Freight Net-
work; and 
‘‘(II) is likely to reduce on-road 
mobile source emissions; and 
‘‘(iv) on a marine highway corridor, 
connector, or crossing designated by the Sec-
124 
† HR 3684 EAS 
retary under section 55601(c) of title 46 
(including an inland waterway corridor, 
connector, or crossing), if the Secretary de-
termines that the project— 
‘‘(I) is functionally connected to 
the National Highway Freight Net-
work; and 
‘‘(II) is likely to reduce on-road 
mobile source emissions.’’. 
SEC. 11115. CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT PROGRAM. 
Section 149 of title 23, United States Code, is amend-
ed— 
(1) in subsection (b)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘subsection (d)’’ and inserting ‘‘sub-
sections (d) and (m)(1)(B)(ii)’’ 
(B) in paragraph (7), by inserting ‘‘shared 
micromobility (including bikesharing and shared 
scooter systems),’’ after ‘‘carsharing,’’; 
(C) in paragraph (8)— 
(i) in subparagraph (A)— 
(I) in the matter preceding clause 
(i), by inserting ‘‘replacements or’’ be-
fore ‘‘retrofits’’;
125 
† HR 3684 EAS 
(II) by striking clause (i) and in-
serting the following: 
‘‘(i) verified technologies (as defined in 
section 791 of the Energy Policy Act of 
2005 (42 U.S.C. 16131)) for motor vehicles 
(as defined in section 216 of the Clean Air 
Act (42 U.S.C. 7550)); or’’; and 
(III) in clause (ii)(II), by striking 
‘‘or’’ at the end; and 
(ii) in subparagraph (B), by inserting 
‘‘replacements or’’ before ‘‘retrofits’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(C) the purchase of medium- or heavy-duty 
zero emission vehicles and related charging 
equipment;’’; 
(D) in paragraph (9), by striking the pe-
riod at the end and inserting a semicolon; and 
(E) by adding at the end the following: 
‘‘(10) if the project is for the modernization or 
rehabilitation of a lock and dam that— 
‘‘(A) is functionally connected to the Fed-
eral-aid highway system; and
126 
† HR 3684 EAS 
‘‘(B) the Secretary determines is likely to 
contribute to the attainment or maintenance of 
a national ambient air quality standard; or 
‘‘(11) if the project is on a marine highway cor-
ridor, connector, or crossing designated by the Sec-
retary under section 55601(c) of title 46 (including 
an inland waterway corridor, connector, or crossing) 
that— 
‘‘(A) is functionally connected to the Fed-
eral-aid highway system; and 
‘‘(B) the Secretary determines is likely to 
contribute to the attainment or maintenance of 
a national ambient air quality standard.’’; 
(2) in subsection (c), by adding at the end the 
following: 
‘‘(4) LOCKS AND DAMS; MARINE HIGHWAYS.—For 
each fiscal year, a State may not obligate more than 
10 percent of the funds apportioned to the State 
under section 104(b)(4) for projects described in para-
graphs (10) and (11) of subsection (b).’’; 
(3) in subsection (f)(4)(A), by inserting ‘‘and 
nonroad vehicles and nonroad engines used in con-
struction projects or port-related freight operations’’ 
after ‘‘motor vehicles’’; 
(4) in subsection (g)—
127 
† HR 3684 EAS 
(A) in paragraph (1)(B)— 
(i) in the subparagraph heading, by 
inserting ‘‘REPLACEMENT OR’’ before ‘‘RET-
ROFIT’’; 
(ii) by striking ‘‘The term ‘diesel ret-
rofit’ ’’ and inserting ‘‘The term ‘diesel re-
placement or retrofit’ ’’; and 
(iii) by inserting ‘‘or retrofit’’ after 
‘‘replacement’’; 
(B) in paragraph (2), in the matter pre-
ceding subparagraph (A), by inserting ‘‘replace-
ment or’’ before ‘‘retrofit’’; and 
(C) in paragraph (3), by inserting ‘‘replace-
ments or’’ before ‘‘retrofits’’; 
(5) in subsection (k)(1), by striking ‘‘that reduce 
such fine particulate matter emissions in such area, 
including diesel retrofits.’’ and inserting ‘‘that— 
‘‘(A) reduce such fine particulate matter 
emissions in such area, including diesel replace-
ments or retrofits; and 
‘‘(B) to the extent practicable, prioritize 
benefits to disadvantaged communities or low-in-
come populations living in, or immediately adja-
cent to, such area.’’; 
(6) in subsection (l), by adding at the following:
128 
† HR 3684 EAS 
‘‘(3) ASSISTANCE TO METROPOLITAN PLANNING 
ORGANIZATIONS.— 
‘‘(A) IN
GENERAL.—On the request of a 
metropolitan planning organization, the Sec-
retary may assist the metropolitan planning or-
ganization tracking progress made in minority 
or low-income populations as part of a perform-
ance plan under this subsection. 
‘‘(B) SAVINGS PROVISION.—Nothing in this 
paragraph provides the Secretary the author-
ity— 
‘‘(i) to change the performance meas-
ures under section 150(c)(5) or the perform-
ance 
targets 
established 
under 
section 
134(h)(2) or 150(d); or 
‘‘(ii) to establish any other Federal re-
quirement.’’; and 
(7) by striking subsection (m) and inserting the 
following: 
‘‘(m) OPERATING ASSISTANCE.— 
‘‘(1) IN GENERAL.—A State may obligate funds 
apportioned under section 104(b)(4) in an area of the 
State that is otherwise eligible for obligations of such 
funds for operating costs— 
‘‘(A) under chapter 53 of title 49; or
129 
† HR 3684 EAS 
‘‘(B) on— 
‘‘(i) a system for which CMAQ funding 
was eligible, made available, obligated, or 
expended in fiscal year 2012; or 
‘‘(ii) a State-supported Amtrak route 
with a valid cost-sharing agreement under 
section 209 of the Passenger Rail Invest-
ment and Improvement Act of 2008 (49 
U.S.C. 24101 note; Public Law 110–432) 
and no current nonattainment areas under 
subsection (d). 
‘‘(2) NO
TIME
LIMITATION.—Operating assist-
ance provided under paragraph (1) shall have no im-
posed time limitation if the operating assistance is 
for— 
‘‘(A) a route described in subparagraph (B) 
of that paragraph; or 
‘‘(B) a transit system that is located in— 
‘‘(i) a non-urbanized area; or 
‘‘(ii) an urbanized area with a popu-
lation of 200,000 or fewer.’’. 
SEC. 11116. ALASKA HIGHWAY. 
Section 218 of title 23, United States Code, is amended 
to read as follows:
130 
† HR 3684 EAS 
‘‘§ 218. Alaska Highway 
‘‘(a) Recognizing the benefits that will accrue to the 
State of Alaska and to the United States from the recon-
struction of the Alaska Highway from the Alaskan border 
at Beaver Creek, Yukon Territory, to Haines Junction in 
Canada and the Haines Cutoff Highway from Haines 
Junction in Canada to Haines, Alaska, the Secretary may 
provide for the necessary reconstruction of the highway 
using funds awarded through an applicable competitive 
grant program, if the highway meets all applicable eligi-
bility requirements for the program, except for the specific 
requirements established by the agreement for the Alaska 
Highway Project between the Government of the United 
States and the Government of Canada. In addition to the 
funds described in the previous sentence, notwithstanding 
any other provision of law and on agreement with the State 
of Alaska, the Secretary is authorized to expend on such 
highway or the Alaska Marine Highway System any Fed-
eral-aid highway funds apportioned to the State of Alaska 
under this title at a Federal share of 100 per centum. No 
expenditures shall be made for the construction of the por-
tion of such highways that are in Canada unless an agree-
ment is in place between the Government of Canada and 
the Government of the United States (including an agree-
ment in existence on the date of enactment of the Surface
131 
† HR 3684 EAS 
Transportation Reauthorization Act of 2021) that provides, 
in part, that the Canadian Government— 
‘‘(1) will provide, without participation of funds 
authorized under this title, all necessary right-of-way 
for the reconstruction of such highways; 
‘‘(2) will not impose any highway toll, or permit 
any such toll to be charged for the use of such high-
ways by vehicles or persons; 
‘‘(3) will not levy or assess, directly or indi-
rectly, any fee, tax, or other charge for the use of such 
highways by vehicles or persons from the United 
States that does not apply equally to vehicles or per-
sons of Canada; 
‘‘(4) will continue to grant reciprocal recognition 
of vehicle registration and driver’s licenses in accord-
ance with agreements between the United States and 
Canada; and 
‘‘(5) will maintain such highways after their 
completion in proper condition adequately to serve 
the needs of present and future traffic. 
‘‘(b) The survey and construction work undertaken in 
Canada pursuant to this section shall be under the general 
supervision of the Secretary. 
‘‘(c) For purposes of this section, the term ‘Alaska Ma-
rine Highway System’ includes all existing or planned
132 
† HR 3684 EAS 
transportation facilities and equipment in Alaska, includ-
ing the lease, purchase, or construction of vessels, terminals, 
docks, floats, ramps, staging areas, parking lots, bridges 
and approaches thereto, and necessary roads. 
‘‘(d) Notwithstanding any other provision of law, a 
project assisted under this section in the State of Alaska 
shall be treated as a project on a Federal-aid highway under 
chapter 1.’’. 
SEC. 11117. TOLL ROADS, BRIDGES, TUNNELS, AND FER-
RIES. 
(a) IN GENERAL.—Section 129(c) of title 23, United 
States Code, is amended in the matter preceding paragraph 
(1) by striking ‘‘the construction of ferry boats and ferry 
terminal facilities, whether toll or free,’’ and inserting ‘‘the 
construction of ferry boats and ferry terminal facilities (in-
cluding ferry maintenance facilities), whether toll or free, 
and the procurement of transit vehicles used exclusively as 
an integral part of an intermodal ferry trip,’’. 
(b) DIESEL FUEL FERRY VESSELS.— 
(1) 
IN
GENERAL.—Notwithstanding 
section 
147(b), in the case of a project to replace or retrofit 
a diesel fuel ferry vessel that provides substantial 
emissions reductions, the Federal share of the cost of 
the project may be up to 85 percent, as determined 
by the State.
133 
† HR 3684 EAS 
(2) SUNSET.—The authority provided by para-
graph (1) shall terminate on September 30, 2025. 
SEC. 11118. BRIDGE INVESTMENT PROGRAM. 
(a) IN GENERAL.—Chapter 1 of title 23, United States 
Code, is amended by inserting after section 123 the fol-
lowing: 
‘‘§ 124. Bridge investment program 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE PROJECT.— 
‘‘(A) IN
GENERAL.—The term ‘eligible 
project’ means a project to replace, rehabilitate, 
preserve, or protect 1 or more bridges on the Na-
tional Bridge Inventory under section 144(b). 
‘‘(B) 
INCLUSIONS.—The 
term 
‘eligible 
project’ includes— 
‘‘(i) a bundle of projects described in 
subparagraph (A), regardless of whether the 
bundle of projects meets the requirements of 
section 144(j)(5); and 
‘‘(ii) a project to replace or rehabilitate 
culverts for the purpose of improving flood 
control and improved habitat connectivity 
for aquatic species.
134 
† HR 3684 EAS 
‘‘(2) LARGE PROJECT.—The term ‘large project’ 
means an eligible project with total eligible project 
costs of greater than $100,000,000. 
‘‘(3) PROGRAM.—The term ‘program’ means the 
bridge investment program established by subsection 
(b)(1). 
‘‘(b) ESTABLISHMENT OF BRIDGE INVESTMENT PRO-
GRAM.— 
‘‘(1) IN GENERAL.—There is established a bridge 
investment program to provide financial assistance 
for eligible projects under this section. 
‘‘(2) GOALS.—The goals of the program shall 
be— 
‘‘(A) to improve the safety, efficiency, and 
reliability of the movement of people and freight 
over bridges; 
‘‘(B) to 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 within 
the next 3 years; 
‘‘(ii) the total person miles traveled 
over bridges—
135 
† HR 3684 EAS 
‘‘(I) in poor condition; or 
‘‘(II) in fair condition and at risk 
of falling into poor condition within 
the next 3 years; 
‘‘(iii) the number of bridges that— 
‘‘(I) do not meet current geometric 
design standards; or 
‘‘(II) cannot meet the load and 
traffic requirements typical of the re-
gional transportation network; and 
‘‘(iv) the total person miles traveled 
over bridges that— 
‘‘(I) do not meet current geometric 
design standards; or 
‘‘(II) cannot meet the load and 
traffic requirements typical of the re-
gional transportation network; and 
‘‘(C) to provide financial assistance that 
leverages and encourages non-Federal contribu-
tions from sponsors and stakeholders involved in 
the planning, design, and construction of eligible 
projects. 
‘‘(c) GRANT AUTHORITY.—
136 
† HR 3684 EAS 
‘‘(1) IN
GENERAL.—In carrying out the pro-
gram, the Secretary may award grants, on a competi-
tive basis, in accordance with this section. 
‘‘(2) GRANT AMOUNTS.—Except as otherwise pro-
vided, a grant under the program shall be— 
‘‘(A) in the case of a large project, in an 
amount that is— 
‘‘(i) adequate to fully fund the project 
(in combination with other financial re-
sources identified in the application); and 
‘‘(ii) not less than $50,000,000; and 
‘‘(B) in the case of any other eligible 
project, in an amount that is— 
‘‘(i) adequate to fully fund the project 
(in combination with other financial re-
sources identified in the application); and 
‘‘(ii) not less than $2,500,000. 
‘‘(3) MAXIMUM
AMOUNT.—Except as otherwise 
provided, for an eligible project receiving assistance 
under the program, the amount of assistance provided 
by the Secretary under this section, as a share of eli-
gible project costs, shall be— 
‘‘(A) in the case of a large project, not more 
than 50 percent; and
137 
† HR 3684 EAS 
‘‘(B) in the case of any other eligible 
project, not more than 80 percent. 
‘‘(4) FEDERAL SHARE.— 
‘‘(A) MAXIMUM FEDERAL INVOLVEMENT.— 
Federal assistance other than a grant under the 
program may be used to satisfy the non-Federal 
share of the cost of a project for which a grant 
is made, except that the total Federal assistance 
provided for a project receiving a grant under 
the program may not exceed the Federal share 
for the project under section 120. 
‘‘(B) OFF-SYSTEM BRIDGES.—In the case of 
an eligible project for an off-system bridge (as 
defined in section 133(f)(1))— 
‘‘(i) Federal assistance other than a 
grant under the program may be used to 
satisfy the non-Federal share of the cost of 
a project; and 
‘‘(ii) notwithstanding subparagraph 
(A), the total Federal assistance provided 
for the project shall not exceed 90 percent of 
the total eligible project costs. 
‘‘(C) FEDERAL LAND MANAGEMENT AGEN-
CIES
AND
TRIBAL
GOVERNMENTS.—Notwith-
standing any other provision of law, Federal
138 
† HR 3684 EAS 
funds other than Federal funds made available 
under this section may be used to pay the re-
maining share of the cost of a project under the 
program by a Federal land management agency 
or a Tribal government or consortium of Tribal 
governments. 
‘‘(5) CONSIDERATIONS.— 
‘‘(A) IN
GENERAL.—In awarding grants 
under the program, the Secretary shall con-
sider— 
‘‘(i) in the case of a large project, the 
ratings assigned under subsection (g)(5)(A); 
‘‘(ii) in the case of an eligible project 
other than a large project, the quality rat-
ing assigned under subsection (f)(3)(A)(ii); 
‘‘(iii) the average daily person and 
freight throughput supported by the eligible 
project; 
‘‘(iv) the number and percentage of 
bridges within the same State as the eligible 
project that are in poor condition; 
‘‘(v) the extent to which the eligible 
project demonstrates cost savings by bun-
dling multiple bridge projects;
139 
† HR 3684 EAS 
‘‘(vi) in the case of an eligible project 
of a Federal land management agency, the 
extent to which the grant would reduce a 
Federal liability or Federal infrastructure 
maintenance backlog; 
‘‘(vii) 
geographic 
diversity 
among 
grant recipients, including the need for a 
balance between the needs of rural and 
urban communities; and 
‘‘(viii) the extent to which a bridge 
that would be assisted with a grant— 
‘‘(I) is, without that assistance— 
‘‘(aa) at risk of falling into 
or remaining in poor condition; 
or 
‘‘(bb) in fair condition and 
at risk of falling into poor condi-
tion within the next 3 years; 
‘‘(II) does not meet current geo-
metric design standards based on— 
‘‘(aa) the current use of the 
bridge; or 
‘‘(bb) load and traffic re-
quirements typical of the regional
140 
† HR 3684 EAS 
corridor or local network in which 
the bridge is located; or 
‘‘(III) does not meet current seis-
mic design standards. 
‘‘(B) 
REQUIREMENT.—The 
Secretary 
shall— 
‘‘(i) give priority to an application for 
an eligible project that is located within a 
State for which— 
‘‘(I) 2 or more applications for el-
igible projects within the State were 
submitted for the current fiscal year 
and an average of 2 or more applica-
tions for eligible projects within the 
State were submitted in prior fiscal 
years of the program; and 
‘‘(II) fewer than 2 grants have 
been awarded for eligible projects with-
in the State under the program; 
‘‘(ii) during the period of fiscal years 
2022 through 2026, for each State described 
in clause (i), select— 
‘‘(I) not fewer than 1 large project 
that the Secretary determines is justi-
141 
† HR 3684 EAS 
fied under the evaluation under sub-
section (g)(4); or 
‘‘(II) 2 eligible projects that are 
not large projects that the Secretary 
determines are justified under the eval-
uation under subsection (f)(3); and 
‘‘(iii) not be required to award a grant 
for an eligible project that the Secretary 
does not determine is justified under an 
evaluation under subsection (f)(3) or (g)(4). 
‘‘(6) CULVERT LIMITATION.—Not more than 5 
percent of the amounts made available for each fiscal 
year for grants under the program may be used for 
eligible projects that consist solely of culvert replace-
ment or rehabilitation. 
‘‘(d) ELIGIBLE ENTITY.—The Secretary may make a 
grant under the program to any of the following: 
‘‘(1) A State or a group of States. 
‘‘(2) A metropolitan planning organization that 
serves an urbanized area (as designated by the Bu-
reau of the Census) with a population of over 
200,000. 
‘‘(3) A unit of local government or a group of 
local governments.
142 
† HR 3684 EAS 
‘‘(4) A political subdivision of a State or local 
government. 
‘‘(5) A special purpose district or public author-
ity with a transportation function. 
‘‘(6) A Federal land management agency. 
‘‘(7) A Tribal government or a consortium of 
Tribal governments. 
‘‘(8) A multistate or multijurisdictional group of 
entities described in paragraphs (1) through (7). 
‘‘(e) ELIGIBLE PROJECT REQUIREMENTS.—The Sec-
retary may make a grant under the program only to an 
eligible entity for an eligible project that— 
‘‘(1) in the case of a large project, the Secretary 
recommends for funding in the annual report on 
funding recommendations under subsection (g)(6), ex-
cept as provided in subsection (g)(1)(B); 
‘‘(2) is reasonably expected to begin construction 
not later than 18 months after the date on which 
funds are obligated for the project; and 
‘‘(3) is based on the results of preliminary engi-
neering. 
‘‘(f) COMPETITIVE PROCESS AND EVALUATION OF ELI-
GIBLE PROJECTS OTHER THAN LARGE PROJECTS.— 
‘‘(1) COMPETITIVE PROCESS.— 
‘‘(A) IN GENERAL.—The Secretary shall—
143 
† HR 3684 EAS 
‘‘(i) for the first fiscal year for which 
funds are made available for obligation 
under the program, not later than 60 days 
after the date on which the template under 
subparagraph (B)(i) is developed, and in 
subsequent fiscal years, not later than 60 
days after the date on which amounts are 
made available for obligation under the pro-
gram, solicit grant applications for eligible 
projects other than large projects; and 
‘‘(ii) not later than 120 days after the 
date on which the solicitation under clause 
(i) expires, conduct evaluations under para-
graph (3). 
‘‘(B) REQUIREMENTS.—In carrying out 
subparagraph (A), the Secretary shall— 
‘‘(i) develop a template for applicants 
to use to summarize project needs and bene-
fits, including benefits described in para-
graph (3)(B)(i); and 
‘‘(ii) enable applicants to use data 
from the National Bridge Inventory under 
section 144(b) to populate templates de-
scribed in clause (i), as applicable.
144 
† HR 3684 EAS 
‘‘(2) APPLICATIONS.—An eligible entity shall 
submit to the Secretary an application at such time, 
in such manner, and containing such information as 
the Secretary may require. 
‘‘(3) EVALUATION.— 
‘‘(A) IN GENERAL.—Prior to providing a 
grant under this subsection, the Secretary 
shall— 
‘‘(i) conduct an evaluation of each eli-
gible project for which an application is re-
ceived under this subsection; and 
‘‘(ii) assign a quality rating to the eli-
gible project on the basis of the evaluation 
under clause (i). 
‘‘(B) REQUIREMENTS.—In carrying out an 
evaluation under subparagraph (A), the Sec-
retary shall— 
‘‘(i) consider information on project 
benefits submitted by the applicant using 
the template developed under paragraph 
(1)(B)(i), including whether the project will 
generate, as determined by the Secretary— 
‘‘(I) costs avoided by the preven-
tion of closure or reduced use of the 
bridge to be improved by the project;
145 
† HR 3684 EAS 
‘‘(II) in the case of a bundle of 
projects, benefits from executing the 
projects as a bundle compared to as in-
dividual projects; 
‘‘(III) safety benefits, including 
the reduction of accidents and related 
costs; 
‘‘(IV) person and freight mobility 
benefits, including congestion reduction 
and reliability improvements; 
‘‘(V) national or regional eco-
nomic benefits; 
‘‘(VI) benefits from long-term re-
siliency to extreme weather events, 
flooding, or other natural disasters; 
‘‘(VII) benefits from protection (as 
described in section 133(b)(10)), in-
cluding improving seismic or scour 
protection; 
‘‘(VIII) environmental benefits, 
including wildlife connectivity; 
‘‘(IX) benefits to nonvehicular and 
public transportation users; 
‘‘(X) benefits of using—
146 
† HR 3684 EAS 
‘‘(aa) innovative design and 
construction techniques; or 
‘‘(bb) innovative technologies; 
or 
‘‘(XI) reductions in maintenance 
costs, including, in the case of a feder-
ally-owned bridge, cost savings to the 
Federal budget; and 
‘‘(ii) consider whether and the extent to 
which the benefits, including the benefits de-
scribed in clause (i), are more likely than 
not to outweigh the total project costs. 
‘‘(g) COMPETITIVE PROCESS, EVALUATION, AND AN-
NUAL REPORT FOR LARGE PROJECTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) APPLICATIONS.—The Secretary shall 
establish an annual date by which an eligible en-
tity submitting an application for a large 
project shall submit to the Secretary such infor-
mation as the Secretary may require, including 
information described in paragraph (2), in order 
for a large project to be considered for a rec-
ommendation by the Secretary for funding in the 
next annual report under paragraph (6).
147 
† HR 3684 EAS 
‘‘(B) 
FIRST
FISCAL
YEAR.—Notwith-
standing subparagraph (A), for the first fiscal 
year for which funds are made available for obli-
gation for grants under the program, the Sec-
retary may establish a date by which an eligible 
entity submitting an application for a large 
project shall submit to the Secretary such infor-
mation as the Secretary may require, including 
information described in paragraph (2), in order 
for a large project to be considered for immediate 
execution of a grant agreement. 
‘‘(2) INFORMATION REQUIRED.—The information 
referred to in paragraph (1) includes— 
‘‘(A) all necessary information required for 
the Secretary to evaluate the large project; and 
‘‘(B) information sufficient for the Sec-
retary to determine that— 
‘‘(i) the large project meets the applica-
ble requirements under this section; and 
‘‘(ii) there is a reasonable likelihood 
that the large project will continue to meet 
the requirements under this section. 
‘‘(3) DETERMINATION; NOTICE.—On making a 
determination that information submitted to the Sec-
retary under paragraph (1) is sufficient, the Sec-
148 
† HR 3684 EAS 
retary shall provide a written notice of that deter-
mination to— 
‘‘(A) the eligible entity that submitted the 
application; 
‘‘(B) the Committee on Environment and 
Public Works of the Senate; and 
‘‘(C) the Committee on Transportation and 
Infrastructure of the House of Representatives. 
‘‘(4) EVALUATION.—The Secretary may rec-
ommend a large project for funding in the annual re-
port under paragraph (6), or, in the case of the first 
fiscal year for which funds are made available for ob-
ligation for grants under the program, immediately 
execute a grant agreement for a large project, only if 
the Secretary evaluates the proposed project and de-
termines that the project is justified because the 
project— 
‘‘(A) addresses a need to improve the condi-
tion of the bridge, as determined by the Sec-
retary, consistent with the goals of the program 
under subsection (b)(2); 
‘‘(B) will generate, as determined by the 
Secretary—
149 
† HR 3684 EAS 
‘‘(i) costs avoided by the prevention of 
closure or reduced use of the bridge to be 
improved by the project; 
‘‘(ii) in the case of a bundle of projects, 
benefits from executing the projects as a 
bundle compared to as individual projects; 
‘‘(iii) safety benefits, including the re-
duction of accidents and related costs; 
‘‘(iv) person and freight mobility bene-
fits, including congestion reduction and re-
liability improvements; 
‘‘(v) national or regional economic 
benefits; 
‘‘(vi) benefits from long-term resiliency 
to extreme weather events, flooding, or other 
natural disasters; 
‘‘(vii) benefits from protection (as de-
scribed in section 133(b)(10)), including 
improving seismic or scour protection; 
‘‘(viii) environmental benefits, includ-
ing wildlife connectivity; 
‘‘(ix) benefits to nonvehicular and pub-
lic transportation users; 
‘‘(x) benefits of using—
150 
† HR 3684 EAS 
‘‘(I) innovative design and con-
struction techniques; or 
‘‘(II) innovative technologies; or 
‘‘(xi) reductions in maintenance costs, 
including, in the case of a federally-owned 
bridge, cost savings to the Federal budget; 
‘‘(C) is cost effective based on an analysis of 
whether the benefits and avoided costs described 
in subparagraph (B) are expected to outweigh 
the project costs; 
‘‘(D) is supported by other Federal or non- 
Federal financial commitments or revenues ade-
quate to fund ongoing maintenance and preser-
vation; and 
‘‘(E) is consistent with the objectives of an 
applicable asset management plan of the project 
sponsor, including a State asset management 
plan under section 119(e) in the case of a project 
on the National Highway System that is spon-
sored by a State. 
‘‘(5) RATINGS.— 
‘‘(A) IN GENERAL.—The Secretary shall de-
velop a methodology to evaluate and rate a large 
project on a 5-point scale (the points of which
151 
† HR 3684 EAS 
include ‘high’, ‘medium-high’, ‘medium’, ‘me-
dium-low’, and ‘low’) for each of— 
‘‘(i) paragraph (4)(B); 
‘‘(ii) paragraph (4)(C); and 
‘‘(iii) paragraph (4)(D). 
‘‘(B) REQUIREMENT.—To be considered jus-
tified and receive a recommendation for funding 
in the annual report under paragraph (6), a 
project shall receive a rating of not less than 
‘medium’ for each rating required under sub-
paragraph (A). 
‘‘(C) INTERIM METHODOLOGY.—In the first 
fiscal year for which funds are made available 
for obligation for grants under the program, the 
Secretary may establish an interim methodology 
to evaluate and rate a large project for each of— 
‘‘(i) paragraph (4)(B); 
‘‘(ii) paragraph (4)(C); and 
‘‘(iii) paragraph (4)(D). 
‘‘(6) 
ANNUAL
REPORT
ON
FUNDING
REC-
OMMENDATIONS FOR LARGE PROJECTS.— 
‘‘(A) IN GENERAL.—Not later than the first 
Monday in February of each year, the Secretary 
shall submit to the Committees on Transpor-
tation and Infrastructure and Appropriations of
152 
† HR 3684 EAS 
the House of Representatives and the Committees 
on Environment and Public Works and Appro-
priations of the Senate a report that includes— 
‘‘(i) a list of large projects that have 
requested a recommendation for funding 
under a new grant agreement from funds 
anticipated to be available to carry out this 
subsection in the next fiscal year; 
‘‘(ii) the evaluation under paragraph 
(4) and ratings under paragraph (5) for 
each project referred to in clause (i); 
‘‘(iii) the grant amounts that the Sec-
retary recommends providing to large 
projects in the next fiscal year, including— 
‘‘(I) scheduled payments under 
previously 
signed 
multiyear 
grant 
agreements under subsection (j); 
‘‘(II) payments for new grant 
agreements, 
including 
single-year 
grant agreements and multiyear grant 
agreements; and 
‘‘(III) 
a 
description 
of 
how 
amounts anticipated to be available for 
the program from the Highway Trust
153 
† HR 3684 EAS 
Fund for that fiscal year will be dis-
tributed; and 
‘‘(iv) for each project for which the Sec-
retary recommends a new multiyear grant 
agreement under subsection (j), the proposed 
payout schedule for the project. 
‘‘(B) LIMITATIONS.— 
‘‘(i) IN GENERAL.—The Secretary shall 
not recommend in an annual report under 
this paragraph a new multiyear grant 
agreement provided from funds from the 
Highway Trust Fund unless the Secretary 
determines that the project can be completed 
using funds that are anticipated to be 
available from the Highway Trust Fund in 
future fiscal years. 
‘‘(ii) GENERAL FUND PROJECTS.—The 
Secretary— 
‘‘(I) may recommend for funding 
in an annual report under this para-
graph a large project using funds from 
the general fund of the Treasury; but 
‘‘(II) shall not execute a grant 
agreement for that project unless—
154 
† HR 3684 EAS 
‘‘(aa) funds other than from 
the Highway Trust Fund have 
been 
made 
available 
for 
the 
project; and 
‘‘(bb) the Secretary deter-
mines that the project can be com-
pleted using funds other than 
from the Highway Trust Fund 
that are anticipated to be avail-
able in future fiscal years. 
‘‘(C) 
CONSIDERATIONS.—In 
selecting 
projects to recommend for funding in the annual 
report under this paragraph, or, in the case of 
the first fiscal year for which funds are made 
available for obligation for grants under the pro-
gram, projects for immediate execution of a 
grant agreement, the Secretary shall— 
‘‘(i) consider the amount of funds 
available 
in 
future 
fiscal 
years 
for 
multiyear grant agreements as described in 
subparagraph (B); and 
‘‘(ii) assume the availability of funds 
in future fiscal years for multiyear grant 
agreements that extend beyond the period of 
authorization based on the amount made
155 
† HR 3684 EAS 
available for large projects under the pro-
gram in the last fiscal year of the period of 
authorization. 
‘‘(D) PROJECT
DIVERSITY.—In selecting 
projects to recommend for funding in the annual 
report under this paragraph, the Secretary shall 
ensure diversity among projects recommended 
based on— 
‘‘(i) the amount of the grant requested; 
and 
‘‘(ii) grants for an eligible project for 
1 bridge compared to an eligible project that 
is a bundle of projects. 
‘‘(h) ELIGIBLE PROJECT COSTS.—A grant received for 
an eligible project under the program may be used for— 
‘‘(1) development phase activities, including 
planning, feasibility analysis, revenue forecasting, en-
vironmental review, preliminary engineering and de-
sign work, and other preconstruction activities; 
‘‘(2) construction, reconstruction, rehabilitation, 
acquisition of real property (including land related to 
the project and improvements to the land), environ-
mental mitigation, construction contingencies, acqui-
sition of equipment, and operational improvements
156 
† HR 3684 EAS 
directly related to improving system performance; 
and 
‘‘(3) expenses related to the protection (as de-
scribed in section 133(b)(10)) of a bridge, including 
seismic or scour protection. 
‘‘(i) TIFIA PROGRAM.—On the request of an eligible 
entity carrying out an eligible project, the Secretary may 
use amounts awarded to the entity to pay subsidy and ad-
ministrative costs necessary to provide to the entity Federal 
credit assistance under chapter 6 with respect to the eligible 
project for which the grant was awarded. 
‘‘(j) MULTIYEAR GRANT AGREEMENTS
FOR LARGE 
PROJECTS.— 
‘‘(1) IN GENERAL.—A large project that receives 
a grant under the program in an amount of not less 
than $100,000,000 may be carried out through a 
multiyear grant agreement in accordance with this 
subsection. 
‘‘(2) REQUIREMENTS.—A multiyear grant agree-
ment for a large project described in paragraph (1) 
shall— 
‘‘(A) establish the terms of participation by 
the Federal Government in the project; 
‘‘(B) establish the maximum amount of 
Federal financial assistance for the project in ac-
157 
† HR 3684 EAS 
cordance with paragraphs (3) and (4) of sub-
section (c); 
‘‘(C) establish a payout schedule for the 
project that provides for disbursement of the full 
grant amount by not later than 4 fiscal years 
after the fiscal year in which the initial amount 
is provided; 
‘‘(D) determine the period of time for com-
pleting the project, even if that period extends be-
yond the period of an authorization; and 
‘‘(E) attempt to improve timely and effi-
cient management of the project, consistent with 
all applicable Federal laws (including regula-
tions). 
‘‘(3) SPECIAL FINANCIAL RULES.— 
‘‘(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 para-
graph, to obligate an additional amount 
from future available budget authority spec-
ified in law.
158 
† HR 3684 EAS 
‘‘(B) STATEMENT OF CONTINGENT COMMIT-
MENT.—The agreement shall state that the con-
tingent commitment is not an obligation of the 
Federal Government. 
‘‘(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 financing terms 
reasonably available for the project at the 
time of borrowing. 
‘‘(ii) CERTIFICATION.—The applicant 
shall certify to the Secretary that the appli-
cant has shown reasonable diligence in seek-
ing the most favorable financing terms. 
‘‘(4) ADVANCE PAYMENT.—Notwithstanding any 
other provision of law, 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 for eligible project 
costs of the large project until the amount speci-
159 
† HR 3684 EAS 
fied in the multiyear grant agreement for the 
project for that fiscal year becomes available for 
obligation; and 
‘‘(B) if the eligible entity uses funds as de-
scribed in subparagraph (A), the funds used 
shall be reimbursed from the amount made avail-
able under the multiyear grant agreement for the 
project. 
‘‘(k) UNDERTAKING PARTS OF PROJECTS IN ADVANCE 
UNDER LETTERS OF NO PREJUDICE.— 
‘‘(1) IN GENERAL.—The Secretary may pay to 
an applicant all eligible project costs under the pro-
gram, including costs for an activity for an eligible 
project incurred prior to the date on which the project 
receives funding under the program if— 
‘‘(A) before the applicant carries out the ac-
tivity, the Secretary approves through a letter to 
the applicant the activity in the same manner as 
the Secretary approves other activities as eligible 
under the program; 
‘‘(B) a record of decision, a finding of no 
significant impact, or a categorical exclusion 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) has been issued for 
the eligible project; and
160 
† HR 3684 EAS 
‘‘(C) the activity is carried out without 
Federal assistance and in accordance with all 
applicable procedures and requirements. 
‘‘(2) INTEREST AND OTHER FINANCING COSTS.— 
‘‘(A) IN GENERAL.—For purposes of para-
graph (1), the cost of carrying out an activity 
for an eligible project includes the amount of in-
terest and other financing costs, including any 
interest earned and payable on bonds, to the ex-
tent interest and other financing costs are ex-
pended in carrying out the activity for the eligi-
ble project, except that interest and other financ-
ing costs may not be more than the cost of the 
most favorable financing terms reasonably avail-
able for the eligible project at the time of bor-
rowing. 
‘‘(B) CERTIFICATION.—The applicant shall 
certify to the Secretary that the applicant has 
shown reasonable diligence in seeking the most 
favorable financing terms under subparagraph 
(A). 
‘‘(3) NO OBLIGATION OR INFLUENCE ON REC-
OMMENDATIONS.—An approval by the Secretary 
under paragraph (1)(A) shall not—
161 
† HR 3684 EAS 
‘‘(A) constitute an obligation of the Federal 
Government; or 
‘‘(B) alter or influence any evaluation 
under subsection (f)(3)(A)(i) or (g)(4) or any 
recommendation by the Secretary for funding 
under the program. 
‘‘(l) FEDERALLY-OWNED BRIDGES.— 
‘‘(1) DIVESTITURE CONSIDERATION.—In the case 
of a bridge owned by a Federal land management 
agency for which that agency applies for a grant 
under the program, the agency— 
‘‘(A) shall consider options to divest the 
bridge to a State or local entity after completion 
of the project; and 
‘‘(B) may apply jointly with the State or 
local entity to which the bridge may be divested. 
‘‘(2) TREATMENT.—Notwithstanding any other 
provision of law, section 129 shall apply to a bridge 
that was previously owned by a Federal land man-
agement agency and has been transferred to a non- 
Federal entity under paragraph (1) in the same man-
ner as if the bridge was never federally owned. 
‘‘(m) TREATMENT
OF PROJECTS.—Notwithstanding 
any other provision of law, a project assisted under this
162 
† HR 3684 EAS 
section shall be treated as a project on a Federal-aid high-
way under this chapter. 
‘‘(n) CONGRESSIONAL NOTIFICATION.—Not later than 
30 days before making a grant for an eligible project under 
the program, the Secretary shall submit to the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment and Public 
Works of the Senate a written notification of the proposed 
grant that includes— 
‘‘(1) an evaluation and justification for the eligi-
ble project; and 
‘‘(2) the amount of the proposed grant. 
‘‘(o) REPORTS.— 
‘‘(1) ANNUAL REPORT.—Not later than August 1 
of each fiscal year, the Secretary shall make available 
on the website of the Department of Transportation 
an annual report that lists each eligible project for 
which a grant has been provided under the program 
during the fiscal year. 
‘‘(2) GAO ASSESSMENT AND REPORT.—Not later 
than 3 years after the date of enactment of the Sur-
face Transportation Reauthorization Act of 2021, the 
Comptroller General of the United States shall— 
‘‘(A) conduct an assessment of the adminis-
trative establishment, solicitation, selection, and
163 
† HR 3684 EAS 
justification process with respect to the funding 
of grants under the program; and 
‘‘(B) submit to the Committee on Transpor-
tation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment 
and Public Works of the Senate a report that de-
scribes— 
‘‘(i) the adequacy and fairness of the 
process under which each eligible project 
that received a grant under the program 
was selected; and 
‘‘(ii) the justification and criteria used 
for the selection of each eligible project. 
‘‘(p) LIMITATION.— 
‘‘(1) LARGE PROJECTS.—Of the amounts made 
available out of the Highway Trust Fund (other than 
the Mass Transit Account) to carry out this section 
for each of fiscal years 2022 through 2026, not less 
than 50 percent, in aggregate, shall be used for large 
projects. 
‘‘(2) UNUTILIZED AMOUNTS.—If, in fiscal year 
2026, the Secretary determines that grants under the 
program will not allow for the requirement under 
paragraph (1) to be met, the Secretary shall use the
164 
† HR 3684 EAS 
unutilized amounts to make other grants under the 
program during that fiscal year. 
‘‘(q) TRIBAL TRANSPORTATION FACILITY BRIDGE SET 
ASIDE.— 
‘‘(1) IN GENERAL.—Of the amounts made avail-
able from the Highway Trust Fund (other than the 
Mass Transit Account) for a fiscal year to carry out 
this section, the Secretary shall use, to carry out sec-
tion 202(d)— 
‘‘(A) $16,000,000 for fiscal year 2022; 
‘‘(B) $18,000,000 for fiscal year 2023; 
‘‘(C) $20,000,000 for fiscal year 2024; 
‘‘(D) $22,000,000 for fiscal year 2025; and 
‘‘(E) $24,000,000 for fiscal year 2026. 
‘‘(2) TREATMENT.—For purposes of section 201, 
funds made available for section 202(d) under para-
graph (1) shall be considered to be part of the tribal 
transportation program.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
1 of title 23, United States Code, is amended by inserting 
after the item relating to section 123 the following: 
‘‘124. Bridge investment program.’’. 
SEC. 11119. SAFE ROUTES TO SCHOOL. 
(a) IN GENERAL.—Chapter 2 of title 23, United States 
Code, is amended by inserting after section 207 the fol-
lowing:
165 
† HR 3684 EAS 
‘‘§ 208. Safe routes to school 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) IN THE VICINITY OF SCHOOLS.—The term 
‘in the vicinity of schools’, with respect to a school, 
means the approximately 2-mile area within bicy-
cling and walking distance of the school. 
‘‘(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.— 
The term ‘primary, middle, and high schools’ means 
schools 
providing 
education 
from 
kindergarten 
through 12th grade. 
‘‘(b) ESTABLISHMENT.—Subject to the requirements of 
this section, the Secretary shall establish and carry out a 
safe routes to school program for the benefit of children in 
primary, middle, and high schools. 
‘‘(c) PURPOSES.—The purposes of the program estab-
lished under subsection (b) shall be— 
‘‘(1) to enable and encourage children, including 
those with disabilities, to walk and bicycle to school; 
‘‘(2) to make bicycling and walking to school a 
safer and more appealing transportation alternative, 
thereby encouraging a healthy and active lifestyle 
from an early age; and 
‘‘(3) to facilitate the planning, development, and 
implementation of projects and activities that will 
improve safety and reduce traffic, fuel consumption, 
and air pollution in the vicinity of schools.
166 
† HR 3684 EAS 
‘‘(d) APPORTIONMENT OF FUNDS.— 
‘‘(1) IN GENERAL.—Subject to paragraphs (2), 
(3), and (4), amounts made available to carry out 
this section for a fiscal year shall be apportioned 
among the States so that each State receives the 
amount equal to the proportion that— 
‘‘(A) the total student enrollment in pri-
mary, middle, and high schools in each State; 
bears to 
‘‘(B) the total student enrollment in pri-
mary, middle, and high schools in all States. 
‘‘(2) MINIMUM APPORTIONMENT.—No State shall 
receive an apportionment under this section for a fis-
cal year of less than $1,000,000. 
‘‘(3) 
SET-ASIDE
FOR
ADMINISTRATIVE
EX-
PENSES.—Before apportioning under this subsection 
amounts made available to carry out this section for 
a fiscal year, the Secretary shall set aside not more 
than $3,000,000 of those amounts for the administra-
tive expenses of the Secretary in carrying out this sec-
tion. 
‘‘(4) DETERMINATION
OF
STUDENT
ENROLL-
MENTS.—Determinations under this subsection relat-
ing to student enrollments shall be made by the Sec-
retary.
167 
† HR 3684 EAS 
‘‘(e) ADMINISTRATION OF AMOUNTS.—Amounts appor-
tioned to a State under this section shall be administered 
by the State department of transportation. 
‘‘(f) ELIGIBLE RECIPIENTS.—Amounts apportioned to 
a State under this section shall be used by the State to pro-
vide financial assistance to State, local, Tribal, and re-
gional agencies, including nonprofit organizations, that 
demonstrate an ability to meet the requirements of this sec-
tion. 
‘‘(g) ELIGIBLE PROJECTS AND ACTIVITIES.— 
‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.— 
‘‘(A) IN
GENERAL.—Amounts apportioned 
to a State under this section may be used for the 
planning, design, and construction of infrastruc-
ture-related projects that will substantially im-
prove the ability of students to walk and bicycle 
to school, including sidewalk improvements, traf-
fic calming and speed reduction improvements, 
pedestrian and bicycle crossing improvements, 
on-street bicycle facilities, off-street bicycle and 
pedestrian facilities, secure bicycle parking fa-
cilities, and traffic diversion improvements in 
the vicinity of schools. 
‘‘(B) LOCATION OF PROJECTS.—Infrastruc-
ture-related projects under subparagraph (A)
168 
† HR 3684 EAS 
may be carried out on any public road or any 
bicycle or pedestrian pathway or trail in the vi-
cinity of schools. 
‘‘(2) 
NONINFRASTRUCTURE-RELATED
ACTIVI-
TIES.— 
‘‘(A) IN GENERAL.—In addition to projects 
described in paragraph (1), amounts appor-
tioned to a State under this section may be used 
for noninfrastructure-related activities to encour-
age walking and bicycling to school, including 
public awareness campaigns and outreach to 
press and community leaders, traffic education 
and enforcement in the vicinity of schools, stu-
dent sessions on bicycle and pedestrian safety, 
health, and environment, and funding for train-
ing, volunteers, and managers of safe routes to 
school programs. 
‘‘(B) ALLOCATION.—Not less than 10 per-
cent and not more than 30 percent of the amount 
apportioned to a State under this section for a 
fiscal year shall be used for noninfrastructure-re-
lated activities under this paragraph. 
‘‘(3) SAFE ROUTES TO SCHOOL COORDINATOR.— 
Each State shall use a sufficient amount of the appor-
tionment of the State for each fiscal year to fund a
169 
† HR 3684 EAS 
full-time position of coordinator of the safe routes to 
school program of the State. 
‘‘(h) CLEARINGHOUSE.— 
‘‘(1) IN
GENERAL.—The Secretary shall make 
grants to a national nonprofit organization engaged 
in promoting safe routes to schools— 
‘‘(A) to operate a national safe routes to 
school clearinghouse; 
‘‘(B) to develop information and edu-
cational programs on safe routes to school; and 
‘‘(C) to provide technical assistance and 
disseminate techniques and strategies used for 
successful safe routes to school programs. 
‘‘(2) FUNDING.—The Secretary shall carry out 
this subsection using amounts set aside for adminis-
trative expenses under subsection (d)(3). 
‘‘(i) TREATMENT
OF
PROJECTS.—Notwithstanding 
any other provision of law, a project assisted under this 
section shall be treated as a project on a Federal-aid high-
way under chapter 1.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) The analysis for chapter 2 of title 23, United 
States Code, is amended by inserting after the item 
relating to section 207 the following: 
‘‘208. Safe routes to school.’’.
170 
† HR 3684 EAS 
(2) Section 1404 of SAFETEA–LU (23 U.S.C. 
402 note; Public Law 109–59) is repealed. 
(3) The table of contents in section 1(b) of 
SAFETEA–LU (Public Law 109–59; 119 Stat. 1144) 
is amended by striking the item relating to section 
1404. 
SEC. 11120. HIGHWAY USE TAX EVASION PROJECTS. 
Section 143(b)(2)(A) of title 23, United States Code, 
is amended by striking ‘‘fiscal years 2016 through 2020’’ 
and inserting ‘‘fiscal years 2022 through 2026’’. 
SEC. 11121. CONSTRUCTION OF FERRY BOATS AND FERRY 
TERMINAL FACILITIES. 
Section 147 of title 23, United States Code, is amended 
by striking subsection (h) and inserting the following: 
‘‘(h) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated out of the Highway Trust 
Fund (other than the Mass Transit Account) to carry out 
this section— 
‘‘(1) $110,000,000 for fiscal year 2022; 
‘‘(2) $112,000,000 for fiscal year 2023; 
‘‘(3) $114,000,000 for fiscal year 2024; 
‘‘(4) $116,000,000 for fiscal year 2025; and 
‘‘(5) $118,000,000 for fiscal year 2026.’’. 
SEC. 11122. VULNERABLE ROAD USER RESEARCH. 
(a) DEFINITIONS.—In this subsection:
171 
† HR 3684 EAS 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Secretary, acting through the Ad-
ministrator of the Federal Highway Administration. 
(2) VULNERABLE ROAD USER.—The term ‘‘vul-
nerable road user’’ has the meaning given the term in 
section 148(a) of title 23, United States Code. 
(b) ESTABLISHMENT OF RESEARCH PLAN.—The Ad-
ministrator shall establish a research plan to prioritize re-
search on roadway designs, the development of safety coun-
termeasures to minimize fatalities and serious injuries to 
vulnerable road users, and the promotion of bicycling and 
walking, including research relating to— 
(1) roadway safety improvements, including 
traffic calming techniques and vulnerable road user 
accommodations appropriate in a suburban arterial 
context; 
(2) the impacts of traffic speeds, and access to 
low-traffic stress corridors, on safety and rates of bi-
cycling and walking; 
(3) tools to evaluate the impact of transportation 
improvements on projected rates and safety of bicy-
cling and walking; and 
(4) other research areas to be determined by the 
Administrator.
172 
† HR 3684 EAS 
(c) VULNERABLE ROAD USER ASSESSMENTS.—The 
Administrator shall— 
(1) review each vulnerable road user safety as-
sessment submitted by a State under section 148(l) of 
title 23, United States Code, and other relevant 
sources of data to determine what, if any, standard 
definitions and methods should be developed through 
guidance to enable a State to collect pedestrian injury 
and fatality data; and 
(2) in the first progress update under subsection 
(d)(2), provide— 
(A) the results of the determination de-
scribed in paragraph (1); and 
(B) the recommendations of the Secretary 
with respect to the collection and reporting of 
data on the safety of vulnerable road users. 
(d) SUBMISSION; PUBLICATION.— 
(1) SUBMISSION OF PLAN.—Not later than 180 
days after the date of enactment of this Act, the Ad-
ministrator shall submit to the Committee on Envi-
ronment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of 
the House of Representatives the research plan de-
scribed in subsection (b).
173 
† HR 3684 EAS 
(2) PROGRESS
UPDATES.—Not later than 2 
years after the date of enactment of this Act, and bi-
annually thereafter, the Administrator shall submit to 
the Committees described in paragraph (1)— 
(A) updates on the progress and findings of 
the research conducted pursuant to the plan de-
scribed in subsection (b); and 
(B) in the first submission under this para-
graph, the results and recommendations de-
scribed in subsection (c)(2). 
SEC. 11123. WILDLIFE CROSSING SAFETY. 
(a) DECLARATION OF POLICY.—Section 101(b)(3)(D) 
of title 23, United States Code, is amended, in the matter 
preceding clause (i), by inserting ‘‘resilient,’’ after ‘‘effi-
cient,’’. 
(b) WILDLIFE CROSSINGS PILOT PROGRAM.— 
(1) IN GENERAL.—Chapter 1 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 171. Wildlife crossings pilot program 
‘‘(a) FINDING.—Congress finds that greater adoption 
of wildlife-vehicle collision safety countermeasures is in the 
public interest because— 
‘‘(1) according to the report of the Federal High-
way Administration entitled ‘Wildlife-Vehicle Colli-
174 
† HR 3684 EAS 
sion Reduction Study’, there are more than 1,000,000 
wildlife-vehicle collisions every year; 
‘‘(2) wildlife-vehicle collisions— 
‘‘(A) present a danger to— 
‘‘(i) human safety; and 
‘‘(ii) wildlife survival; and 
‘‘(B) represent a persistent concern that re-
sults in tens of thousands of serious injuries and 
hundreds of fatalities on the roadways of the 
United States; and 
‘‘(3) the total annual cost associated with wild-
life-vehicle collisions has been estimated to be 
$8,388,000,000; and 
‘‘(4) wildlife-vehicle collisions are a major threat 
to the survival of species, including birds, reptiles, 
mammals, and amphibians. 
‘‘(b) ESTABLISHMENT.—The Secretary shall establish 
a competitive wildlife crossings pilot program (referred to 
in this section as the ‘pilot program’) to provide grants for 
projects that seek to achieve— 
‘‘(1) a reduction in the number of wildlife-vehicle 
collisions; and 
‘‘(2) in carrying out the purpose described in 
paragraph (1), improved habitat connectivity for ter-
restrial and aquatic species.
175 
† HR 3684 EAS 
‘‘(c) ELIGIBLE ENTITIES.—An entity eligible to apply 
for a grant under the pilot program is— 
‘‘(1) a State highway agency, or an equivalent 
of that agency; 
‘‘(2) a metropolitan planning organization (as 
defined in section 134(b)); 
‘‘(3) a unit of local government; 
‘‘(4) a regional transportation authority; 
‘‘(5) a special purpose district or public author-
ity with a transportation function, including a port 
authority; 
‘‘(6) an Indian tribe (as defined in section 
207(m)(1)), including a Native village and a Native 
Corporation (as those terms are defined in section 3 
of the Alaska Native Claims Settlement Act (43 
U.S.C. 1602)); 
‘‘(7) a Federal land management agency; or 
‘‘(8) a group of any of the entities described in 
paragraphs (1) through (7). 
‘‘(d) APPLICATIONS.— 
‘‘(1) IN GENERAL.—To be eligible to receive a 
grant under the pilot program, an eligible entity shall 
submit to the Secretary an application at such time, 
in such manner, and containing such information as 
the Secretary may require.
176 
† HR 3684 EAS 
‘‘(2) REQUIREMENT.—If an application under 
paragraph (1) is submitted by an eligible entity other 
than an eligible entity described in paragraph (1) or 
(7) of subsection (c), the application shall include 
documentation that the State highway agency, or an 
equivalent of that agency, of the State in which the 
eligible entity is located was consulted during the de-
velopment of the application. 
‘‘(3) GUIDANCE.—To enhance consideration of 
current and reliable data, eligible entities may obtain 
guidance from an agency in the State with jurisdic-
tion over fish and wildlife. 
‘‘(e) CONSIDERATIONS.—In selecting grant recipients 
under the pilot program, the Secretary shall take into con-
sideration the following: 
‘‘(1) Primarily, the extent to which the proposed 
project of an eligible entity is likely to protect motor-
ists and wildlife by reducing the number of wildlife- 
vehicle collisions and improve habitat connectivity for 
terrestrial and aquatic species. 
‘‘(2) Secondarily, the extent to which the pro-
posed project of an eligible entity is likely to accom-
plish the following: 
‘‘(A) Leveraging Federal investment by en-
couraging non-Federal contributions to the
177 
† HR 3684 EAS 
project, including projects from public-private 
partnerships. 
‘‘(B) Supporting local economic develop-
ment and improvement of visitation opportuni-
ties. 
‘‘(C) Incorporation of innovative tech-
nologies, including advanced design techniques 
and other strategies to enhance efficiency and ef-
fectiveness in reducing wildlife-vehicle collisions 
and improving habitat connectivity for terres-
trial and aquatic species. 
‘‘(D) Provision of educational and outreach 
opportunities. 
‘‘(E) Monitoring and research to evaluate, 
compare effectiveness of, and identify best prac-
tices in, selected projects. 
‘‘(F) Any other criteria relevant to reducing 
the number of wildlife-vehicle collisions and im-
proving habitat connectivity for terrestrial and 
aquatic species, as the Secretary determines to be 
appropriate, subject to the condition that the im-
plementation of the pilot program shall not be 
delayed in the absence of action by the Secretary 
to identify additional criteria under this sub-
paragraph.
179 
† HR 3684 EAS 
provide funds to eligible partners of the 
project for which the grant was received de-
scribed in clause (ii), in accordance with 
the terms of the project agreement. 
‘‘(ii) 
ELIGIBLE
PARTNERS
DE-
SCRIBED.—The eligible partners referred to 
in clause (i) include— 
‘‘(I) a metropolitan planning or-
ganization (as defined in section 
134(b)); 
‘‘(II) a unit of local government; 
‘‘(III) a regional transportation 
authority; 
‘‘(IV) a special purpose district or 
public authority with a transportation 
function, including a port authority; 
‘‘(V) an Indian tribe (as defined 
in section 207(m)(1)), including a Na-
tive village and a Native Corporation 
(as those terms are defined in section 3 
of the Alaska Native Claims Settlement 
Act (43 U.S.C. 1602)); 
‘‘(VI) a Federal land management 
agency;
180 
† HR 3684 EAS 
‘‘(VII) a foundation, nongovern-
mental organization, or institution of 
higher education; 
‘‘(VIII) a Federal, Tribal, re-
gional, or State government entity; 
and 
‘‘(IX) a group of any of the enti-
ties described in subclauses (I) through 
(VIII). 
‘‘(3) COMPLIANCE.—An eligible entity that re-
ceives a grant under the pilot program and enters 
into a partnership described in paragraph (2) shall 
establish measures to verify that an eligible partner 
that receives funds from the grant complies with the 
conditions of the pilot program in using those funds. 
‘‘(g) REQUIREMENT.—The Secretary shall ensure that 
not less than 60 percent of the amounts made available for 
grants under the pilot program each fiscal year are for 
projects located in rural areas. 
‘‘(h) ANNUAL REPORT TO CONGRESS.— 
‘‘(1) IN GENERAL.—Not later than December 31 
of each calendar year, the Secretary shall submit to 
Congress, and make publicly available, a report de-
scribing the activities under the pilot program for the 
fiscal year that ends during that calendar year.
181 
† HR 3684 EAS 
‘‘(2) CONTENTS.—The report under paragraph 
(1) shall include— 
‘‘(A) a detailed description of the activities 
carried out under the pilot program; 
‘‘(B) an evaluation of the effectiveness of the 
pilot program in meeting the purposes described 
in subsection (b); and 
‘‘(C) policy recommendations to improve the 
effectiveness of the pilot program. 
‘‘(i) TREATMENT
OF
PROJECTS.—Notwithstanding 
any other provision of law, a project assisted under this 
section shall be treated as a project on a Federal-aid high-
way under this chapter.’’. 
(2) CLERICAL
AMENDMENT.—The analysis for 
chapter 1 of title 23, United States Code, is amended 
by inserting after the item relating to section 170 the 
following: 
‘‘171. Wildlife crossings pilot program.’’. 
(c) WILDLIFE VEHICLE COLLISION REDUCTION AND 
HABITAT CONNECTIVITY IMPROVEMENT.— 
(1) IN GENERAL.—Chapter 1 of title 23, United 
States Code (as amended by subsection (b)(1)), is 
amended by adding at the end the following: 
‘‘§ 172. Wildlife-vehicle collision reduction and habi-
tat connectivity improvement 
‘‘(a) STUDY.—
182 
† HR 3684 EAS 
‘‘(1) IN GENERAL.—The Secretary shall conduct 
a study (referred to in this subsection as the ‘study’) 
of the state, as of the date of the study, of the practice 
of methods to reduce collisions between motorists and 
wildlife (referred to in this section as ‘wildlife-vehicle 
collisions’). 
‘‘(2) CONTENTS.— 
‘‘(A) AREAS OF STUDY.—The study shall— 
‘‘(i) update and expand on, as appro-
priate— 
‘‘(I) the report entitled ‘Wildlife 
Vehicle Collision Reduction Study: 
2008 Report to Congress’; and 
‘‘(II) the document entitled ‘Wild-
life Vehicle Collision Reduction Study: 
Best Practices Manual’ and dated Oc-
tober 2008; and 
‘‘(ii) include— 
‘‘(I) an assessment, as of the date 
of the study, of— 
‘‘(aa) the causes of wildlife- 
vehicle collisions; 
‘‘(bb) the impact of wildlife- 
vehicle collisions on motorists and 
wildlife; and
183 
† HR 3684 EAS 
‘‘(cc) the impacts of roads 
and 
traffic 
on 
habitat 
connectivity for terrestrial and 
aquatic species; and 
‘‘(II) solutions and best practices 
for— 
‘‘(aa) reducing wildlife-vehi-
cle collisions; and 
‘‘(bb) 
improving 
habitat 
connectivity for terrestrial and 
aquatic species. 
‘‘(B) METHODS.—In carrying out the 
study, the Secretary shall— 
‘‘(i) conduct a thorough review of re-
search and data relating to— 
‘‘(I) wildlife-vehicle collisions; and 
‘‘(II) habitat fragmentation that 
results from transportation infrastruc-
ture; 
‘‘(ii) survey current practices of the 
Department of Transportation and State 
departments of transportation to reduce 
wildlife-vehicle collisions; and 
‘‘(iii) consult with—
184 
† HR 3684 EAS 
‘‘(I) appropriate experts in the 
field of wildlife-vehicle collisions; and 
‘‘(II) appropriate experts on the 
effects of roads and traffic on habitat 
connectivity for terrestrial and aquatic 
species. 
‘‘(3) REPORT.— 
‘‘(A) IN
GENERAL.—Not later than 18 
months after the date of enactment of the Surface 
Transportation Reauthorization Act of 2021, the 
Secretary shall submit to Congress a report on 
the results of the study. 
‘‘(B) CONTENTS.—The report under sub-
paragraph (A) shall include— 
‘‘(i) a description of— 
‘‘(I) the causes of wildlife-vehicle 
collisions; 
‘‘(II) the impacts of wildlife-vehi-
cle collisions; and 
‘‘(III) the impacts of roads and 
traffic on— 
‘‘(aa) species listed as threat-
ened species or endangered species 
under the Endangered Species Act 
of 1973 (16 U.S.C. 1531 et seq.);