183 
(B) by striking paragraph (3) and inserting 
the following: 
‘‘(3) LOCAL
COORDINATION
AND
CONSULTA-
TION.— 
‘‘(A) COORDINATION
WITH
METROPOLITAN 
PLANNING
ORGANIZATIONS.—For purposes of 
paragraph (1)(A)(ii), a State shall— 
‘‘(i) establish a process to coordinate 
with all metropolitan planning organiza-
tions in the State that represent an urban-
ized area described in such paragraph; and 
‘‘(ii) describe how funds described 
under paragraph (1)(A)(ii) will be allocated 
equitably among such urbanized areas dur-
ing the period of fiscal years 2022 through 
2025. 
‘‘(B) JOINT RESPONSIBILITY.—Each State 
and the Secretary shall jointly ensure compli-
ance with subparagraph (A). 
‘‘(C) 
CONSULTATION
WITH
REGIONAL 
TRANSPORTATION
PLANNING
ORGANIZATIONS.— 
For purposes of clauses (iii) and (iv) of para-
graph (1)(A), before obligating funding attrib-
uted to an area with a population less than 
50,000, a State shall consult with the regional 
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184 
transportation planning organizations that rep-
resent the area, if any.’’; 
(C) in the heading for paragraph (4) by 
striking ‘‘OVER 200,000’’ and inserting ‘‘GREATER 
THAN 200,000’’; 
(D) by striking paragraph (6) and insert-
ing the following: 
‘‘(6) TECHNICAL ASSISTANCE.— 
‘‘(A) IN GENERAL.—The State and all met-
ropolitan planning organizations in the State 
that represent an urbanized area with a popu-
lation of greater than 200,000 shall jointly estab-
lish a program to improve the ability of appli-
cants to deliver projects under this subsection in 
an efficient and expeditious manner and reduce 
the period of time between the selection of the 
project and the obligation of funds for the project 
by providing— 
‘‘(i) technical assistance and training 
to applicants for projects under this sub-
section; and 
‘‘(ii) funding for 1 or more full-time 
State employee positions to administer this 
subsection. 
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‘‘(B) ELIGIBLE FUNDS.—To carry out this 
paragraph— 
‘‘(i) a State shall set aside an amount 
equal to 1 percent of the funds available 
under paragraph (1)(A)(i); and 
‘‘(ii) at the request of an eligible met-
ropolitan planning organization, the State 
and metropolitan planning organization 
may jointly agree to use additional funds 
available under paragraph (1)(A)(i). 
‘‘(C) USE OF FUNDS.—Amounts used under 
this paragraph may be expended— 
‘‘(i) directly by the State; or 
‘‘(ii) through contracts with State 
agencies, private entities, or nonprofit orga-
nizations.’’; 
(6) in subsection (e)(1)— 
(A) by striking ‘‘over 200,000’’ and insert-
ing ‘‘greater than 200,000’’; and 
(B) by striking ‘‘2016 through 2020’’ and 
inserting ‘‘2022 through 2025’’; 
(7) by striking subsection (f) and inserting the 
following: 
‘‘(f) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.— 
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‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In 
this subsection, the term ‘off-system bridge’ means a 
bridge located on a public road, other than a bridge 
on a Federal-aid highway. 
‘‘(2) SPECIAL RULE.— 
‘‘(A) SET ASIDE.—Of the amounts appor-
tioned to a State for each fiscal year under this 
section other than the amounts described in sub-
paragraph (C), the State shall obligate for ac-
tivities described in subsection (b)(2) (as in effect 
on the day before the date of enactment of the 
FAST Act) for off-system bridges an amount 
that is not less than 20 percent of the amounts 
available to such State under this section in fis-
cal year 2020, not including the amounts de-
scribed in subparagraph (C). 
‘‘(B) REDUCTION OF EXPENDITURES.—The 
Secretary, after consultation with State and 
local officials, may reduce the requirement for 
expenditures for off-system bridges under sub-
paragraph (A) with respect to the State if the 
Secretary determines that the State has inad-
equate needs to justify the expenditure. 
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‘‘(C) LIMITATIONS.—The following amounts 
shall not be used for the purposes of meeting the 
requirements of subparagraph (A): 
‘‘(i) Amounts described in section 
133(d)(1)(A). 
‘‘(ii) Amounts set aside under section 
133(h). 
‘‘(iii) Amounts described in section 
505(a). 
‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL-AID 
HIGHWAYS.—Notwithstanding any other provision of 
law, with respect to any project not on a Federal-aid 
highway for the replacement of a bridge or rehabilita-
tion of a bridge that is wholly funded from State and 
local sources, is eligible for Federal funds under this 
section, is certified by the State to have been carried 
out in accordance with all standards applicable to 
such projects under this section, and is determined by 
the Secretary upon completion to be no longer a defi-
cient bridge— 
‘‘(A) any amount expended after the date of 
enactment of this subsection from State and local 
sources for the project in excess of 20 percent of 
the cost of construction of the project may be 
credited to the non-Federal share of the cost of 
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other bridge projects in the State that are eligible 
for Federal funds under this section; and 
‘‘(B) that crediting shall be conducted in ac-
cordance with procedures established by the Sec-
retary.’’; and 
(8) in subsection (g)(1)— 
(A) by striking ‘‘subsection (d)(1)(A)(ii) for 
each of fiscal years 2016 through 2020’’ and in-
serting ‘‘subsection (d)(1)(A)(iv) for each fiscal 
year’’; 
(B) by inserting ‘‘rural’’ after ‘‘functionally 
classified as’’; and 
(C) by inserting ‘‘or local roads, or on crit-
ical rural freight corridors designated under sec-
tion 167(e)’’ after ‘‘minor collectors’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
1 of title 23, United States Code, is amended by striking 
the item relating to section 133 and inserting the following: 
‘‘133. Surface transportation program.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) ADVANCE
ACQUISITION
OF
REAL
PROP-
ERTY.—Section 108(c) of title 23, United States Code, 
is amended— 
(A) in paragraph (2)(A) by striking ‘‘block 
grant’’; and 
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mits to the Secretary, and the Secretary ap-
proves, a plan that describes— 
‘‘(I) how such funds shall be made 
available to metropolitan planning or-
ganizations, regional transportation 
planning organizations, counties, or 
other regional transportation authori-
ties; 
‘‘(II) how the entities described in 
subclause (I) shall select projects for 
funding and how such entities shall re-
port selected projects to the State; 
‘‘(III) the legal, financial, and 
technical capacity of such entities; and 
‘‘(IV) the procedures in place to 
ensure such entities comply with the 
requirements of this title. 
‘‘(ii) REQUIREMENT.—A State that 
makes funding available under a plan ap-
proved under this subparagraph shall make 
available an equivalent amount of obliga-
tion authority to an entity described in 
clause (i)(I) to whom funds are made avail-
able under this subparagraph. 
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‘‘(3) ELIGIBLE
PROJECTS.—Funds set aside 
under this subsection may be obligated for any of the 
following projects or activities: 
‘‘(A) Construction, planning, and design of 
on-road and off-road trail facilities for pedes-
trians, bicyclists, and other nonmotorized forms 
of transportation, including sidewalks, bicycle 
infrastructure, pedestrian and bicycle signals, 
traffic calming techniques, lighting and other 
safety-related infrastructure, and transportation 
projects to achieve compliance with the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.). 
‘‘(B) Construction, planning, and design of 
infrastructure-related projects and systems that 
will provide safe routes for nondrivers, including 
children, older adults, and individuals with dis-
abilities to access daily needs. 
‘‘(C) Conversion and use of abandoned rail-
road 
corridors 
for 
trails 
for 
pedestrians, 
bicyclists, or other nonmotorized transportation 
users. 
‘‘(D) Construction of turnouts, overlooks, 
and viewing areas. 
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‘‘(E) Community improvement activities, 
including— 
‘‘(i) inventory, control, or removal of 
outdoor advertising; 
‘‘(ii) historic preservation and reha-
bilitation of historic transportation facili-
ties; 
‘‘(iii) vegetation management practices 
in transportation rights-of-way to improve 
roadway safety, prevent against invasive 
species, facilitate wildfire control, and pro-
vide erosion control; and 
‘‘(iv) archaeological activities relating 
to impacts from implementation of a trans-
portation project eligible under this title. 
‘‘(F) Any environmental mitigation activ-
ity, including pollution prevention and pollution 
abatement activities and mitigation to address 
stormwater management, control, and water pol-
lution prevention or abatement related to high-
way construction or due to highway runoff, in-
cluding activities described in sections 328(a) 
and 329. 
‘‘(G) Projects and strategies to reduce vehi-
cle-caused wildlife mortality related to, or to re-
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store and maintain connectivity among terres-
trial or aquatic habitats affected by, a transpor-
tation facility otherwise eligible for assistance 
under this subsection. 
‘‘(H) The recreational trails program under 
section 206. 
‘‘(I) The safe routes to school program 
under section 211. 
‘‘(J) Activities in furtherance of a vulner-
able road user assessment described in section 
148. 
‘‘(K) Any other projects or activities de-
scribed in section 101(a)(29) or section 213, as 
such sections were in effect on the day before the 
date of enactment of the FAST Act (Public Law 
114–94). 
‘‘(4) ACCESS TO FUNDS.— 
‘‘(A) IN GENERAL.—A State, metropolitan 
planning organization required to obligate funds 
in accordance with paragraph (2)(A), or an en-
tity required to obligate funds in accordance 
with paragraph (2)(B) shall develop a competi-
tive process to allow eligible entities to submit 
projects for funding that achieve the objectives of 
this subsection. A metropolitan planning organi-
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196 
zation for an area described in subsection 
(d)(1)(A)(i) shall select projects under such proc-
ess in consultation with the relevant State. 
‘‘(B) ELIGIBLE ENTITY DEFINED.—In this 
paragraph, the term ‘eligible entity’ means— 
‘‘(i) a local government, including a 
county or multi-county special district; 
‘‘(ii) a regional transportation author-
ity; 
‘‘(iii) a transit agency; 
‘‘(iv) a natural resource or public land 
agency; 
‘‘(v) a school district, local education 
agency, or school; 
‘‘(vi) a tribal government; 
‘‘(vii) a metropolitan planning organi-
zation that serves an urbanized area with a 
population of 200,000 or fewer; 
‘‘(viii) a nonprofit organization car-
rying out activities related to transpor-
tation; 
‘‘(ix) any other local or regional gov-
ernmental entity with responsibility for or 
oversight of transportation or recreational 
trails (other than a metropolitan planning 
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197 
organization that serves an urbanized area 
with a population of over 200,000 or a 
State agency) that the State determines to 
be eligible, consistent with the goals of this 
subsection; and 
‘‘(x) a State, at the request of any enti-
ty listed in clauses (i) through (ix). 
‘‘(5) CONTINUATION OF CERTAIN RECREATIONAL 
TRAILS PROJECTS.— 
‘‘(A) IN GENERAL.—For each fiscal year, a 
State shall— 
‘‘(i) obligate an amount of funds set 
aside under this subsection equal to 175 
percent of the amount of the funds appor-
tioned to the State for fiscal year 2009 
under section 104(h)(2), as in effect on the 
day before the date of enactment of MAP– 
21, for projects relating to recreational 
trails under section 206; 
‘‘(ii) return 1 percent of the funds de-
scribed in clause (i) to the Secretary for the 
administration of such program; and 
‘‘(iii) comply with the provisions of the 
administration of the recreational trails 
program under section 206, including the 
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use of apportioned funds described in sub-
section (d)(3)(A) of such section. 
‘‘(B) STATE
FLEXIBILITY.—A State may 
opt out of the recreational trails program under 
this paragraph if the Governor of the State noti-
fies the Secretary not later than 30 days prior 
to the date on which an apportionment is made 
under section 104 for any fiscal year. 
‘‘(6) 
IMPROVING
ACCESSIBILITY
AND
EFFI-
CIENCY.— 
‘‘(A) IN GENERAL.—A State may use an 
amount equal to not more than 5 percent of the 
funds set aside for the State under this sub-
section, after allocating funds in accordance with 
paragraph (2)(A), to improve the ability of ap-
plicants to access funding for projects under this 
subsection in an efficient and expeditious man-
ner by providing— 
‘‘(i) to applicants for projects under 
this subsection application assistance, tech-
nical assistance, and assistance in reducing 
the period of time between the selection of 
the project and the obligation of funds for 
the project; and 
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‘‘(ii) funding for 1 or more full-time 
State employee positions to administer this 
subsection. 
‘‘(B) USE OF FUNDS.—Amounts used under 
subparagraph (A) may be expended— 
‘‘(i) directly by the State; or 
‘‘(ii) through contracts with State 
agencies, private entities, or nonprofit enti-
ties. 
‘‘(7) FEDERAL SHARE.— 
‘‘(A) FLEXIBLE MATCH.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
section 120— 
‘‘(I) the non-Federal share for a 
project under this subsection may be 
calculated on a project, multiple- 
project, or program basis; and 
‘‘(II) the Federal share of the cost 
of an individual project in this sub-
section may be up to 100 percent. 
‘‘(ii) 
AGGREGATE
NON-FEDERAL 
SHARE.—The average annual non-Federal 
share of the total cost of all projects for 
which funds are obligated under this sub-
section in a State for a fiscal year shall be 
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not less than the non-Federal share author-
ized for the State under section 120(b). 
‘‘(iii) REQUIREMENT.—This subpara-
graph shall only apply to a State if such 
State has adequate financial controls, as 
certified by the Secretary, to account for the 
average annual non-Federal share under 
this subparagraph. 
‘‘(B) SAFETY PROJECTS.—Notwithstanding 
section 120, funds made available to carry out 
section 148 may be credited toward the non-Fed-
eral share of the costs of a project under this sub-
section if the project— 
‘‘(i) is a project described in section 
148(e)(1); and 
‘‘(ii) is consistent with the State stra-
tegic highway safety plan (as defined in sec-
tion 148(a)). 
‘‘(8) FLEXIBILITY.— 
‘‘(A) STATE AUTHORITY.— 
‘‘(i) IN GENERAL.—A State may use 
not more than 50 percent of the funds set 
aside under this subsection that are avail-
able for obligation in any area of the State 
(suballocated consistent with the require-
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201 
ments of subsection (d)(1)(B)) for any pur-
pose eligible under subsection (b). 
‘‘(ii) RESTRICTION.—Funds may be 
used as described in clause (i) only if the 
State demonstrates to the Secretary— 
‘‘(I) that the State held a competi-
tion in compliance with the require-
ments of this subsection in such form 
as the Secretary determines appro-
priate; 
‘‘(II) that the State offered tech-
nical assistance to all eligible entities 
and provided such assistance upon re-
quest by an eligible entity; and 
‘‘(III) that there were not suffi-
cient suitable applications from eligible 
entities to use the funds described in 
clause (i). 
‘‘(B) MPO AUTHORITY.— 
‘‘(i) IN
GENERAL.—A metropolitan 
planning organization that represents an 
urbanized area with a population of greater 
than 200,000 may use not more than 50 
percent of the funds set aside under this 
subsection for an urbanized area described 
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202 
in subsection (d)(1)(A)(i) for any purpose 
eligible under subsection (b). 
‘‘(ii) RESTRICTION.—Funds may be 
used as described in clause (i) only if the 
Secretary certifies that the metropolitan 
planning organization— 
‘‘(I) held a competition in compli-
ance with the requirements of this sub-
section in such form as the Secretary 
determines appropriate; and 
‘‘(II) demonstrates that there were 
not sufficient suitable applications 
from eligible entities to use the funds 
described in clause (i). 
‘‘(9) ANNUAL REPORTS.— 
‘‘(A) IN GENERAL.—Each State or metro-
politan planning organization responsible for 
carrying out the requirements of this subsection 
shall submit to the Secretary an annual report 
that describes— 
‘‘(i) the number of project applications 
received for each fiscal year, including— 
‘‘(I) the aggregate cost of the 
projects for which applications are re-
ceived; and 
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‘‘(II) the types of projects to be 
carried out, expressed as percentages of 
the total apportionment of the State 
under this subsection; and 
‘‘(ii) the list of each project selected for 
funding for each fiscal year, including 
specifying the fiscal year for which the 
project was selected, the fiscal year in which 
the project is anticipated to be funded, the 
recipient, the location, the type, and a brief 
description. 
‘‘(B) PUBLIC AVAILABILITY.—The Secretary 
shall make available to the public, in a user- 
friendly format on the website of the Department 
of Transportation, a copy of each annual report 
submitted under subparagraph (A).’’. 
SEC. 1207. BRIDGE INVESTMENT. 
(a) IN GENERAL.—Section 144 of title 23, United 
States Code, is amended— 
(1) in the section heading by striking ‘‘Na-
tional bridge and tunnel inventory and 
inspection standards’’ and inserting ‘‘Bridges 
and tunnels’’; 
(2) in subsection (a)(1)(B) by striking ‘‘defi-
cient’’; 
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‘‘(B) improve the safety, efficiency, and reli-
ability of the movement of people and freight 
over bridges; and 
‘‘(C) improve the condition of bridges in the 
United States by reducing— 
‘‘(i) the number of bridges— 
‘‘(I) in poor condition; or 
‘‘(II) in fair condition and at risk 
of falling into poor condition; 
‘‘(ii) the total person miles traveled 
over bridges— 
‘‘(I) in poor condition; or 
‘‘(II) in fair condition and at risk 
of falling into poor condition; 
‘‘(iii) the number of bridges that— 
‘‘(I) do not meet current geometric 
design standards; or 
‘‘(II) cannot meet the load and 
traffic requirements typical of the re-
gional transportation network; and 
‘‘(iv) the total person miles traveled 
over bridges that— 
‘‘(I) do not meet current geometric 
design standards; or 
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206 
‘‘(II) cannot meet the load and 
traffic requirements typical of the re-
gional transportation network. 
‘‘(2) BRIDGES ON PUBLIC ROADS.— 
‘‘(A) MINIMUM BRIDGE INVESTMENT.—Ex-
cluding the amounts described in subparagraph 
(C), of the total funds apportioned to a State 
under paragraphs (1) and (2) of section 104(b) 
for fiscal years 2022 to 2025, a State shall obli-
gate not less than 20 percent for projects de-
scribed in subparagraph (E). 
‘‘(B) PROGRAM FLEXIBILITY.—A State re-
quired to obligate funds under subparagraph (A) 
may use any combination of funds apportioned 
to a State under paragraphs (1) and (2) of sec-
tion 104(b). 
‘‘(C) 
LIMITATION.—Amounts 
described 
below may not be used for the purposes of calcu-
lating or meeting the minimum bridge invest-
ment requirement under subparagraph (A)— 
‘‘(i) amounts described in section 
133(d)(1)(A); 
‘‘(ii) amounts set aside under section 
133(h); and 
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‘‘(iii) amounts described in section 
505(a). 
‘‘(D) RULE OF CONSTRUCTION.—Nothing in 
this section shall be construed to prohibit the ex-
penditure of funds described in subparagraph 
(C) for bridge projects eligible under such sec-
tion. 
‘‘(E) ELIGIBLE PROJECTS.—Funds required 
to be obligated in accordance with paragraph 
(2)(A) may be obligated for projects or activities 
that— 
‘‘(i) are otherwise eligible under either 
section 119 or section 133, as applicable; 
‘‘(ii) support the achievement of per-
formance targets of the State established 
under section 150 or provide support for the 
condition and performance of bridges on 
public roads within the State; and 
‘‘(iii) remove a bridge classified as in 
poor condition in order to improve commu-
nity connectivity, or replace, reconstruct, 
rehabilitate, preserve, or protect a bridge in-
cluded on the national bridge inventory au-
thorized 
by 
subsection 
(b), 
including 
through— 
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208 
‘‘(I) seismic retrofits; 
‘‘(II) systematic preventive main-
tenance; 
‘‘(III) installation of scour coun-
termeasures; 
‘‘(IV) the use of innovative mate-
rials that extend the service life of the 
bridge and reduce preservation costs, 
as compared to conventionally designed 
and constructed bridges; 
‘‘(V) the use of nontraditional 
production techniques, including fac-
tory prefabrication; 
‘‘(VI) painting for purposes of 
bridge protection; 
‘‘(VII) application of calcium 
magnesium acetate, sodium acetate/for-
mate, or other environmentally accept-
able, minimally corrosive anti-icing 
and deicing compositions; 
‘‘(VIII) corrosion control; 
‘‘(IX) construction of protective 
features (including natural infrastruc-
ture) alone or in combination with 
other activities eligible under this 
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paragraph to enhance resilience of a 
bridge; 
‘‘(X) 
bridge 
security 
counter-
measures; 
‘‘(XI) impact protection measures 
for bridges; 
‘‘(XII) inspection and evaluation 
of bridges; and 
‘‘(XIII) training for bridge in-
spectors consistent with subsection (i). 
‘‘(F) BUNDLES
OF
PROJECTS.—A State 
may use a bundle of projects as described in sub-
section (j) to satisfy the requirements of subpara-
graph (A), if each project in the bundle is other-
wise eligible under subparagraph (E). 
‘‘(G) FLEXIBILITY.—The Secretary may, at 
the request of a State, reduce the required obliga-
tion under subparagraph (A) if— 
‘‘(i) the reduction is consistent with a 
State’s asset management plan for the Na-
tional Highway System; 
‘‘(ii) the reduction will not limit a 
State’s ability to meet its performance tar-
gets under section 150 or to improve the 
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condition and performance of bridges on 
public roads within the State; and 
‘‘(iii) the State demonstrates that it 
has inadequate needs to justify the expendi-
ture. 
‘‘(H) BRIDGE
INVESTMENT
REPORT.—The 
Secretary shall annually publish on the website 
of the Department of Transportation a bridge in-
vestment report that includes— 
‘‘(i) the total Federal funding obligated 
for bridge projects in the most recent fiscal 
year, on a State-by-State basis and broken 
out by Federal program; 
‘‘(ii) the total Federal funding obli-
gated, on a State-by-State basis and broken 
out by Federal program, for bridge projects 
carried out pursuant to the minimum 
bridge investment requirements under sub-
paragraph (A); 
‘‘(iii) the progress made by each State 
toward meeting the minimum bridge invest-
ment requirement under subparagraph (A) 
for such State, both cumulatively and for 
the most recent fiscal year; 
‘‘(iv) a summary of— 
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211 
‘‘(I) each request made under sub-
paragraph (G) by a State for a reduc-
tion in the minimum bridge invest-
ment requirement under subparagraph 
(A); and 
‘‘(II) for each request described in 
subclause (I) that is granted by the 
Secretary— 
‘‘(aa) the percentage and dol-
lar amount of the reduction; and 
‘‘(bb) an explanation of how 
the State met each of the criteria 
described in subparagraph (G); 
and 
‘‘(v) a summary of— 
‘‘(I) each request made by a State 
for a reduction in the obligation re-
quirements under section 133(f); and 
‘‘(II) for each request that is 
granted by the Secretary— 
‘‘(aa) the percentage and dol-
lar amount of the reduction; and 
‘‘(bb) an explanation of how 
the Secretary made the determina-
tion under section 133(f)(2)(B). 
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‘‘(I) OFF-SYSTEM BRIDGES.—A State may 
apply amounts obligated under this subsection or 
section 133(f)(2)(A) to the obligation require-
ments of both this subsection and section 133(f). 
‘‘(J) NHS PENALTY.—A State may apply 
amounts obligated under this subsection or sec-
tion 119(f)(2) to the obligation requirements of 
both this subsection and section 119(f)(2). 
‘‘(K) COMPLIANCE.—If a State fails to sat-
isfy the requirements of subparagraph (A) by the 
end of fiscal year 2025, the Secretary may sub-
ject the State to appropriate program sanctions 
under section 1.36 of title 23, Code of Federal 
Regulations (or successor regulations).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
1 of title 23, United States Code, is amended by striking 
the item relating to section 144 and inserting the following: 
‘‘144. Bridges and tunnels.’’. 
SEC. 1208. CONSTRUCTION OF FERRY BOATS AND FERRY 
TERMINAL FACILITIES. 
Section 147 of title 23, United States Code, is amend-
ed— 
(1) by striking subsection (h); and 
(2) by redesignating subsections (i) and (j) as 
subsections (h) and (i), respectively. 
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SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 
(a) IN GENERAL.—Section 148 of title 23, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (4)(B)— 
(i) by striking ‘‘only includes a 
project’’ and inserting ‘‘includes a project’’; 
(ii) in clause (xiii) by inserting ‘‘, in-
cluding the development of a vulnerable 
road user safety assessment or a vision zero 
plan under section 1601 of the INVEST in 
America Act’’ after ‘‘safety planning’’; 
(iii) by amending clause (xviii) to read 
as follows: 
‘‘(xviii) Safe routes to school infra-
structure-related projects eligible under sec-
tion 211.’’; 
(iv) in clause (xxvi) by inserting ‘‘or 
leading pedestrian intervals’’ after ‘‘hybrid 
beacons’’; and 
(v) by striking clause (xxviii) and in-
serting the following: 
‘‘(xxviii) A pedestrian security feature 
designed to slow or stop a motor vehicle. 
‘‘(xxix) Installation of infrastructure 
improvements, including sidewalks, cross-
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walks, signage, and bus stop shelters or pro-
tected waiting areas.’’; 
(B) in paragraph (11)— 
(i) in subparagraph (A)— 
(I) in clause (ix) by striking 
‘‘and’’ at the end; 
(II) by redesignating clause (x) as 
clause (xi); and 
(III) by inserting after clause (ix) 
the following: 
‘‘(x) State or local representatives of 
educational agencies to address safe routes 
to school and schoolbus safety; and’’; 
(ii) in subparagraph (E) by inserting 
‘‘Tribal,’’ after ‘‘State,’’; 
(iii) by redesignating subparagraphs 
(G), (H), and (I) as subparagraphs (H), 
(I), and (J), respectively; and 
(iv) by inserting after subparagraph 
(F) the following: 
‘‘(G) includes a vulnerable road user safety 
assessment described under paragraph (16);’’; 
(C) by redesignating paragraphs (10), (11), 
and (12) as paragraphs (12), (13), and (14), re-
spectively; 
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(D) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) SAFE SYSTEM APPROACH.—The term ‘safe 
system approach’ means a roadway design that em-
phasizes minimizing the risk of injury or fatality to 
road users and that— 
‘‘(A) takes into consideration the possibility 
and likelihood of human error; 
‘‘(B) accommodates human injury tolerance 
by taking into consideration likely crash types, 
resulting impact forces, and the human body’s 
ability to withstand such forces; and 
‘‘(C) takes into consideration vulnerable 
road users. 
‘‘(11) SPECIFIED SAFETY PROJECT.— 
‘‘(A) IN
GENERAL.—The term ‘specified 
safety project’ means a project carried out for the 
purpose of safety under any other section of this 
title that is consistent with the State strategic 
highway safety plan. 
‘‘(B) INCLUSION.—The term ‘specified safe-
ty project’ includes a project that— 
‘‘(i) promotes public awareness and in-
forms the public regarding highway safety 
matters (including safety for motorcyclists, 
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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 
under section 211(e)(2).’’; and 
(E) 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 regulation); or 
‘‘(B) described in the term ‘number of non- 
motorized serious injuries’ in such section. 
‘‘(16) VULNERABLE ROAD USER SAFETY ASSESS-
MENT.—The term ‘vulnerable road user safety assess-
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ment’ means an assessment of the safety performance 
of the State or a metropolitan planning organization 
within the State with respect to vulnerable road users 
and the plan of the State or metropolitan planning 
organization to improve the safety of vulnerable road 
users described in subsection (l).’’; 
(2) in subsection (c)— 
(A) in paragraph (1) by striking ‘‘(a)(11)’’ 
and inserting ‘‘(a)(13)’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A)(vi) by insert-
ing ‘‘, consistent with the vulnerable road 
user safety assessment’’ after ‘‘nonmotorized 
crashes’’; 
(ii) in subparagraph (B)(i)— 
(I) by inserting ‘‘, consistent with 
a safe system approach,’’ after ‘‘iden-
tify’’; 
(II) by inserting ‘‘excessive design 
speeds and speed limits,’’ after ‘‘cross-
ing needs,’’; and 
(III) by striking ‘‘motorists (in-
cluding motorcyclists), bicyclists, pe-
destrians, and other highway users’’ 
and inserting ‘‘road users’’; and 
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(iii) in subparagraph (D)(iii) by strik-
ing ‘‘motorists (including motorcyclists), 
bicyclists, pedestrians, persons with disabil-
ities, and other highway users’’ and insert-
ing ‘‘road users’’; 
(3) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (A) by striking 
‘‘Not later than 1 year after the date of en-
actment of the MAP–21, the’’ and inserting 
‘‘The’’; and 
(ii) in subparagraph (B)— 
(I) in clause (iv) by inserting 
‘‘and serious injury’’ after ‘‘fatality’’; 
(II) in clause (vii) by striking ‘‘; 
and’’ and inserting a semicolon; 
(III) 
by 
redesignating 
clause 
(viii) as clause (ix); and 
(IV) by inserting after clause (vii) 
the following: 
‘‘(viii) the findings of a vulnerable 
road user safety assessment of the State; 
and’’; and 
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(B) in paragraph (2)(B)(i) by striking 
‘‘subsection (a)(11)’’ and inserting ‘‘subsection 
(a)(13)’’; 
(4) in subsection (e)— 
(A) in paragraph (1)(C) by striking ‘‘, 
without regard to whether the project is included 
in an applicable State strategic highway safety 
plan’’; and 
(B) by adding at the end the following: 
‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFETY 
PROJECTS.— 
‘‘(A) IN GENERAL.—To advance the imple-
mentation of a State strategic highway safety 
plan, a State may use not more than 10 percent 
of the amounts apportioned to the State under 
section 104(b)(3) for a fiscal year to carry out 
specified safety projects. 
‘‘(B) RULE
OF
STATUTORY
CONSTRUC-
TION.—Nothing in this paragraph shall be con-
strued to require a State to revise any State 
process, plan, or program in effect on the date of 
enactment of this paragraph. 
‘‘(C) EFFECT OF PARAGRAPH.— 
‘‘(i) REQUIREMENTS.—A project fund-
ed under this paragraph shall be subject to 
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all requirements under this section that 
apply to a highway safety improvement 
project. 
‘‘(ii) 
OTHER
APPORTIONED
PRO-
GRAMS.—Subparagraph (A) shall not apply 
to amounts that may be obligated for non-
infrastructure projects apportioned under 
any other paragraph of section 104(b).’’; 
(5) in subsection (g)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) HIGH-RISK RURAL ROAD SAFETY.— 
‘‘(A) IN GENERAL.—If a State determines 
that the fatality rate on rural roads in such 
State for the most recent 2-year period for which 
data are available exceeds the median fatality 
rate for rural roads among all States, that State 
shall be required to— 
‘‘(i) obligate over the 2 fiscal years fol-
lowing the fiscal year in which such deter-
mination is made for projects on high-risk 
rural roads an amount not less than 7.5 
percent of the amounts apportioned to the 
State under section 104(b)(3) for fiscal year 
2020; and 
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‘‘(ii) include, in the subsequent update 
to the State strategic highway safety plan, 
strategies to reduce the fatality rate. 
‘‘(B) SOURCE OF FUNDS.—Any amounts ob-
ligated under subparagraph (A) shall be from 
amounts described under section 133(d)(1)(B). 
‘‘(C) ANNUAL DETERMINATION.—The deter-
mination described under subparagraph (A) 
shall be made on an annual basis. 
‘‘(D) CONSULTATION.—In carrying out a 
project with an amount obligated under subpara-
graph (A), a State shall consult with, as appli-
cable, local governments, metropolitan planning 
organizations, and regional transportation plan-
ning organizations.’’; 
(B) in paragraph (2)— 
(i) in the heading by striking ‘‘DRIV-
ERS’’ and inserting ‘‘ROAD USERS’’; and 
(ii) by striking ‘‘address the increases 
in’’ and inserting ‘‘reduce’’; and 
(C) by adding at the end the following: 
‘‘(3) VULNERABLE ROAD USER SAFETY.— 
‘‘(A) IN GENERAL.—Beginning on the date 
of enactment of the INVEST in America Act, if 
a State determines that the number of vulnerable 
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(2) PUBLICATION OF REPORT.—Not later than 2 
years after the date of enactment of this Act, the Sec-
retary shall publish on the website of the Department 
of Transportation an updated report of the report de-
scribed in paragraph (2) of section 1112(b) of MAP– 
21 (23 U.S.C. 148 note). 
(3) BEST PRACTICES MANUAL.—Not later than 
180 days after the date of submission of the report de-
scribed in paragraph (2), the Secretary shall update 
the best practices manual described in section 
1112(b)(3) of MAP–21 (23 U.S.C. 148 note). 
SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT PROGRAM. 
Section 149 of title 23, United States Code, is amend-
ed— 
(1) in subsection (b)— 
(A) in paragraph (1)(A)(ii) by striking 
‘‘subsection (h)’’ and inserting ‘‘subsection (i)’’; 
(B) in paragraph (7) by inserting ‘‘shared 
micromobility (including bikesharing and shared 
scooter systems),’’ after ‘‘carsharing,’’; 
(C) in paragraph (8)(B) by striking ‘‘; or’’ 
and inserting a semicolon; 
(D) in paragraph (9) by striking the period 
and inserting ‘‘; or’’; and 
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