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stores, or emulates natural ecological processes 
that— 
‘‘(i) is created through the action of 
natural physical, geological, biological, and 
chemical processes over time; 
‘‘(ii) is created by human design, en-
gineering, and construction to emulate or 
act in concert with natural processes; or 
‘‘(iii) involves the use of plants, soils, 
and other natural features, including 
through the creation, restoration, or pres-
ervation of vegetated areas using materials 
appropriate to the region to manage 
stormwater and runoff, to attenuate flood-
ing and storm surges, and for other related 
purposes. 
‘‘(B) INCLUSION.—The term ‘natural in-
frastructure’ includes green infrastructure and 
nature-based solutions.’’; 
(J) by inserting after paragraph (27), as 
so redesignated, the following: 
‘‘(28) PROTECTIVE FEATURE.— 
‘‘(A) IN GENERAL.—The term ‘protective 
feature’ means an improvement to a highway, 
bridge, or other transportation facility designed 
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to increase resilience or mitigate the risk of re-
curring damage or the cost of future repairs 
from climate change effects (including sea level 
rise), flooding, and extreme events or other nat-
ural disasters (including wildfires, seismic activ-
ity, and landslides). 
‘‘(B) INCLUSIONS.—The term ‘protective 
feature’ includes— 
‘‘(i) raising roadway grades; 
‘‘(ii) relocating roadways to higher 
ground above projected flood elevation lev-
els or away from slide prone areas; 
‘‘(iii) stabilizing slide areas, including 
areas that are at risk of flooding, rock-
slides, and mudslides following a wildfire; 
‘‘(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; 
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‘‘(ix) scour, stream stability, coastal, 
and other hydraulic countermeasures; 
‘‘(x) the use of natural infrastructure; 
‘‘(xi) integration of the use of tradi-
tional and natural infrastructure features; 
‘‘(xii) undergrounding public utilities 
in the course of other infrastructure im-
provements eligible under this title; and 
‘‘(xiii) 
permeable 
pavements 
for 
stormwater management.’’; 
(K) by inserting after paragraph (30), as 
so redesignated, the following: 
‘‘(31) REPEATEDLY DAMAGED FACILITY.—The 
term ‘repeatedly damaged facility’ means a road, 
highway, or bridge that has required repair and re-
construction activities on 2 or more occasions due to 
natural disasters or catastrophic failures resulting in 
emergencies declared by the Governor of the State 
in which the road, highway, or bridge is located or 
emergencies or major disasters declared by the 
President under the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.). 
‘‘(32) RESILIENCE.— 
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‘‘(A) IN GENERAL.—The term ‘resilience’ 
means, with respect to a facility, the ability 
to— 
‘‘(i) anticipate, prepare for, or adapt 
to conditions; or 
‘‘(ii) withstand, respond to, or recover 
rapidly from disruptions. 
‘‘(B) INCLUSIONS.—Such term includes, 
with respect to a facility, the ability to— 
‘‘(i) resist hazards or withstand im-
pacts from disruptions; 
‘‘(ii) reduce the magnitude, duration, 
or impact of a disruption; or 
‘‘(iii) have the absorptive capacity, 
adaptive capacity, and recoverability to de-
crease vulnerability to a disruption.’’; and 
(L) by inserting after paragraph (39), as 
so redesignated, the following: 
‘‘(40) TRANSPORTATION
DEMAND
MANAGE-
MENT; TDM.—The terms ‘transportation demand 
management’ and ‘TDM’ mean the use of strategies 
to inform and encourage travelers to maximize the 
efficiency of a transportation system leading to im-
proved mobility, reduced congestion, and lower vehi-
cle emissions. 
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‘‘(41) TRANSPORTATION
DEMAND
MANAGE-
MENT STRATEGIES.—The term ‘transportation de-
mand management strategies’ means the use of 
planning, programs, policy, marketing, communica-
tions, incentives, pricing, data, and technology to 
shift travel mode, routes used, departure times, 
number of trips, and location and design of work 
spaces or public attractions. 
‘‘(42) TRANSPORTATION SYSTEM ACCESS.—The 
term ‘transportation system access’ means the abil-
ity to travel by automobile, public transportation, 
pedestrian, and bicycle networks, measured by travel 
time, taking into consideration— 
‘‘(A) the impacts of the level of travel 
stress for non-motorized users; 
‘‘(B) costs for low-income travelers; and 
‘‘(C) the extent to which transportation ac-
cess is impacted by zoning policies and land use 
planning practices that effect the affordability, 
elasticity, and diversity of the housing supply.’’; 
and 
(2) in subsection (b)— 
(A) in paragraph (1) by striking ‘‘De-
fense,’’ and inserting ‘‘Defense Highways,’’; 
(B) in paragraph (3)— 
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(i) in subparagraph (A) by striking 
‘‘Century’’ and inserting ‘‘century’’; 
(ii) in subparagraph (G) by striking ‘‘; 
and’’ and inserting a semicolon; 
(iii) in subparagraph (H) by striking 
‘‘Century.’’ and inserting ‘‘century;’’; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(I) safety is the highest priority of the 
Department of Transportation, and the Sec-
retary and States should take all actions nec-
essary to meet the transportation needs of the 
21st century for all road users; 
‘‘(J) climate change presents a significant 
risk to safety, the economy, and national secu-
rity, and reducing the contributions of the 
transportation system to the Nation’s total car-
bon pollution is critical; and 
‘‘(K) the Secretary and States should take 
appropriate measures and ensure investments 
to increase the resilience of the Nation’s trans-
portation system.’’; and 
(C) in paragraph (4)(A) by inserting 
‘‘while ensuring that environmental protections 
are maintained’’ after ‘‘review process’’. 
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SEC. 1104. APPORTIONMENT. 
(a) IN GENERAL.—Section 104 of title 23, United 
States Code, is amended— 
(1) in subsection (a)(1) by striking subpara-
graphs (A) through (E) and inserting the following: 
‘‘(A) $530,000,000 for fiscal year 2023; 
‘‘(B) $543,000,000 for fiscal year 2024; 
‘‘(C) $557,000,000 for fiscal year 2025; 
and 
‘‘(D) $572,000,000 for fiscal year 2026.’’; 
(2) by striking subsections (b) and (c) and in-
serting the following: 
‘‘(b) DIVISION
AMONG
PROGRAMS
OF
STATE’S 
SHARE OF BASE APPORTIONMENT.—The Secretary shall 
distribute the amount of the base apportionment appor-
tioned to a State for a fiscal year under subsection (c) 
among the covered programs as follows: 
‘‘(1) NATIONAL HIGHWAY PERFORMANCE PRO-
GRAM.—For the national highway performance pro-
gram, 55.09 percent of the amount remaining after 
distributing amounts under paragraphs (4), (6), (7), 
and (10). 
‘‘(2) SURFACE
TRANSPORTATION
PROGRAM.— 
For the surface transportation program, 28.43 per-
cent of the amount remaining after distributing 
amounts under paragraphs (4), (6), (7), and (10). 
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‘‘(3) HIGHWAY
SAFETY
IMPROVEMENT
PRO-
GRAM.—For the highway safety improvement pro-
gram, 6.19 percent of the amount remaining after 
distributing amounts under paragraphs (4), (6), (7), 
and (10). 
‘‘(4) CONGESTION MITIGATION AND AIR QUAL-
ITY IMPROVEMENT PROGRAM.— 
‘‘(A) IN
GENERAL.—For the congestion 
mitigation and air quality improvement pro-
gram, an amount determined for the State 
under subparagraphs (B) and (C). 
‘‘(B) TOTAL AMOUNT.—The total amount 
for the congestion mitigation and air quality 
improvement program for all States shall be— 
‘‘(i) $2,913,925,833 for fiscal year 
2023; 
‘‘(ii) $2,964,919,535 for fiscal year 
2024; 
‘‘(iii) $3,024,217,926 for fiscal year 
2025; and 
‘‘(iv) $3,078,653,849 for fiscal year 
2026. 
‘‘(C) STATE SHARE.—For each fiscal year, 
the Secretary shall distribute among the States 
the amount for the congestion mitigation and 
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air quality improvement program under sub-
paragraph (B) so that each State receives an 
amount equal to the proportion that— 
‘‘(i) the amount apportioned to the 
State for the congestion mitigation and air 
quality improvement program for fiscal 
year 2020; bears to 
‘‘(ii) the total amount of funds appor-
tioned to all States for such program for 
fiscal year 2020. 
‘‘(5) 
NATIONAL
HIGHWAY
FREIGHT
PRO-
GRAM.—For the national highway freight program, 
3.38 percent of the amount remaining after distrib-
uting amounts under paragraphs (4), (6), (7), and 
(10). 
‘‘(6) METROPOLITAN PLANNING.— 
‘‘(A) 
IN
GENERAL.—For 
metropolitan 
planning, an amount determined for the State 
under subparagraphs (B) and (C). 
‘‘(B) TOTAL AMOUNT.—The total amount 
for metropolitan planning for all States shall 
be— 
‘‘(i) $507,500,000 for fiscal year 
2023; 
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‘‘(ii) $516,381,250 for fiscal year 
2024; 
‘‘(iii) $526,708,875 for fiscal year 
2025; and 
‘‘(iv) $536,189,635 for fiscal year 
2026. 
‘‘(C) STATE SHARE.—For each fiscal year, 
the Secretary shall distribute among the States 
the amount for metropolitan planning under 
subparagraph (B) so that each State receives 
an amount equal to the proportion that— 
‘‘(i) the amount apportioned to the 
State for metropolitan planning for fiscal 
year 2020; bears to 
‘‘(ii) the total amount of funds appor-
tioned to all States for metropolitan plan-
ning for fiscal year 2020. 
‘‘(7) RAILWAY CROSSINGS.— 
‘‘(A) IN GENERAL.—For the railway cross-
ings program, an amount determined for the 
State under subparagraphs (B) and (C). 
‘‘(B) TOTAL AMOUNT.—The total amount 
for the railway crossings program for all States 
shall be $245,000,000 for each of fiscal years 
2023 through 2026. 
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‘‘(C) STATE SHARE.— 
‘‘(i) IN
GENERAL.—For each fiscal 
year, the Secretary shall distribute among 
the States the amount for the railway 
crossings program under subparagraph (B) 
as follows: 
‘‘(I) 50 percent of the amount for 
a fiscal year shall be apportioned to 
States by the formula set forth in sec-
tion 104(b)(3)(A) (as in effect on the 
day before the date of enactment of 
MAP–21). 
‘‘(II) 50 percent of the amount 
for a fiscal year shall be apportioned 
to States in the ratio that total public 
railway-highway crossings in each 
State bears to the total of such cross-
ings in all States. 
‘‘(ii) MINIMUM
APPORTIONMENT.— 
Notwithstanding clause (i), for each fiscal 
year, each State shall receive a minimum 
of one-half of 1 percent of the total 
amount for the railway crossings program 
for such fiscal year under subparagraph 
(B). 
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‘‘(8) PREDISASTER
MITIGATION
PROGRAM.— 
For the predisaster mitigation program, 2.96 per-
cent of the amount remaining after distributing 
amounts under paragraphs (4), (6), (7), and (10). 
‘‘(9) CARBON
POLLUTION
REDUCTION
PRO-
GRAM.—For the carbon pollution reduction program, 
3.95 percent of the amount remaining after distrib-
uting amounts under paragraphs (4), (6), (7), and 
(10). 
‘‘(10) CLEAN CORRIDORS.— 
‘‘(A) IN
GENERAL.—For the clean cor-
ridors program, an amount determined for the 
State under subparagraphs (B) and (C). 
‘‘(B) TOTAL AMOUNT.—The total amount 
for the clean corridors program for all States 
shall be $1,000,000,000 for each of fiscal years 
2023 through 2026. 
‘‘(C) STATE SHARE.—For each fiscal year, 
the Secretary shall distribute among the States 
the total amount for the clean corridors pro-
gram under subparagraph (B) so that each 
State receives the amount equal to the propor-
tion that— 
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‘‘(i) the total base apportionment de-
termined for the State under subsection 
(c); bears to 
‘‘(ii) the total base apportionments for 
all States under subsection (c). 
‘‘(c) CALCULATION OF AMOUNTS.— 
‘‘(1) STATE SHARE.—For each of fiscal years 
2023 through 2026, the amount for each State shall 
be determined as follows: 
‘‘(A) 
INITIAL
AMOUNTS.—The 
initial 
amounts for each State shall be determined by 
multiplying— 
‘‘(i) each of— 
‘‘(I) the base apportionment; and 
‘‘(II) 
supplemental 
funds 
re-
served under subsection (h)(1) for the 
highway safety improvement program; 
by 
‘‘(ii) the share for each State, which 
shall be equal to the proportion that— 
‘‘(I) the amount of apportion-
ments that the State received for fis-
cal year 2020; bears to 
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‘‘(II) the amount of those appor-
tionments received by all States for 
fiscal year 2020. 
‘‘(B) ADJUSTMENTS
TO
AMOUNTS.—The 
initial amounts resulting from the calculation 
under subparagraph (A) shall be adjusted to 
ensure that each State receives an aggregate 
apportionment equal to at least 95 percent of 
the estimated tax payments attributable to 
highway users in the State paid into the High-
way Trust Fund (other than the Mass Transit 
Account) in the most recent fiscal year for 
which data are available. 
‘‘(2) STATE APPORTIONMENT.—On October 1 
of fiscal years 2023 through 2026, the Secretary 
shall apportion the sums authorized to be appro-
priated for expenditure on the covered programs in 
accordance with paragraph (1).’’; 
(3) in subsection (d)(1)(A)— 
(A) in clause (i) by striking ‘‘paragraphs 
(5)(D) and (6) of subsection (b)’’ and inserting 
‘‘subsection (b)(6)’’; and 
(B) in clause (ii) by striking ‘‘paragraphs 
(5)(D) and (6) of subsection (b)’’ and inserting 
‘‘subsection (b)(6)’’; and 
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(4) by striking subsections (h) and (i) and in-
serting the following: 
‘‘(h) SUPPLEMENTAL FUNDS.— 
‘‘(1) AMOUNT.—Before making an apportion-
ment for a fiscal year under subsection (c), the Sec-
retary shall reserve for the highway safety improve-
ment program under section 148 $500,000,000 for 
each of fiscal years 2023 through 2026 for the pur-
pose of the safe streets set-aside under section 
148(m). 
‘‘(2) TREATMENT OF FUNDS.—Funds reserved 
under paragraph (1) and apportioned to a State 
under subsection (c) shall be treated as if appor-
tioned under subsection (b)(3), and shall be in addi-
tion to amounts apportioned under such subsection. 
‘‘(i) DEFINITIONS.—In this section: 
‘‘(1) BASE APPORTIONMENT.—The term ‘base 
apportionment’ means— 
‘‘(A) the combined amount authorized for 
the covered programs; minus 
‘‘(B) the supplemental funds reserved 
under subsection (h) for the highway safety im-
provement program. 
‘‘(2) COVERED PROGRAMS.—The term ‘covered 
programs’ means— 
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‘‘(A) the national highway performance 
program under section 119; 
‘‘(B) the surface transportation program 
under section 133; 
‘‘(C) the highway safety improvement pro-
gram under section 148; 
‘‘(D) the congestion mitigation and air 
quality improvement program under section 
149; 
‘‘(E) the national highway freight program 
under section 167; 
‘‘(F) metropolitan planning under section 
134; 
‘‘(G) the railway crossings program under 
section 130; 
‘‘(H) the predisaster mitigation program 
under section 124; 
‘‘(I) the carbon pollution reduction pro-
gram under section 171; and 
‘‘(J) the clean corridors program under 
section 151.’’. 
(b) FEDERAL SHARE PAYABLE.—Section 120(c)(3) 
of title 23, United States Code, is amended— 
(1) in subparagraph (A) by striking ‘‘(5)(D),’’; 
and 
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(2) 
in 
subparagraph 
(C)(i) 
by 
striking 
‘‘(5)(D),’’. 
(c) METROPOLITAN TRANSPORTATION PLANNING; 
TITLE 23.—Section 134(p) of title 23, United States 
Code, is amended by striking ‘‘paragraphs (5)(D) and (6) 
of section 104(b)’’ and inserting ‘‘section 104(b)(6)’’. 
(d) STATEWIDE AND NONMETROPOLITAN TRANSPOR-
TATION PLANNING.—Section 135(i) of title 23, United 
States Code, is amended by striking ‘‘paragraphs (5)(D) 
and (6) of section 104(b)’’ and inserting ‘‘section 
104(b)(6)’’. 
(e) METROPOLITAN TRANSPORTATION PLANNING; 
TITLE 49.—Section 5303(p) of title 49, United States 
Code, is amended by striking ‘‘section 104(b)(5)’’ and in-
serting ‘‘section 104(b)(6)’’. 
SEC. 1105. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST 
FUND. 
Section 105 of title 23, United States Code, is 
amended— 
(1) in subsection (a) by striking ‘‘FAST Act’’ 
and inserting ‘‘INVEST in America Act’’; 
(2) in subsection (c)— 
(A) in paragraph (1)(A) by striking ‘‘to be 
appropriated’’ each place it appears; and 
(B) by adding at the end the following: 
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‘‘(4) SPECIAL RULE.— 
‘‘(A) ADJUSTMENT.—In making an adjust-
ment under paragraph (1) for an allocation, 
reservation, or set-aside from an amount au-
thorized from the Highway Account or Mass 
Transit Account described in subparagraph (B), 
the Secretary shall— 
‘‘(i) determine the ratio that— 
‘‘(I) the amount authorized to be 
appropriated for the allocation, res-
ervation, or set-aside from the account 
for the fiscal year; bears to 
‘‘(II) the total amount authorized 
to be appropriated for such fiscal year 
for all programs under such account; 
‘‘(ii) multiply the ratio determined 
under clause (i) by the amount of the ad-
justment 
determined 
under 
subsection 
(b)(1)(B); and 
‘‘(iii) adjust the amount that the Sec-
retary would have allocated for the alloca-
tion, reservation, or set-aside for such fis-
cal year but for this section by the amount 
calculated under clause (ii). 
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‘‘(B) ALLOCATIONS, RESERVATIONS, AND 
SET-ASIDES.—The allocations, reservations, and 
set-asides described in this subparagraph are— 
‘‘(i) from the amount made available 
for a fiscal year for the Federal lands 
transportation program under section 203, 
the amounts allocated for a fiscal year for 
the National Park Service, the United 
States Fish and Wildlife Service, the 
United States Forest Service, the Corps of 
Engineers, the Bureau of Land Manage-
ment, the Bureau of Reclamation, and 
independent Federal agencies with natural 
resource and land management responsibil-
ities; 
‘‘(ii) the amount made available for 
the Puerto Rico highway program under 
section 165(a)(1); 
‘‘(iii) the amount made available for 
the territorial highway program under sec-
tion 165(a)(2); 
‘‘(iv) from the amounts made avail-
able for a fiscal year for the urbanized 
areas formula grants under section 5307 
of title 49, the amounts allocated for a fis-
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SEC. 1106. TRANSPARENCY. 
(a) APPORTIONMENT.—Section 104 of title 23, 
United States Code, is amended by striking subsection (g) 
and inserting the following: 
‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY AND 
ACCOUNTABILITY REPORTS.— 
‘‘(1) REQUIREMENT.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
compile data in accordance with this subsection 
on the use of Federal-aid highway funds made 
available under this title. 
‘‘(B) USER
FRIENDLY
DATA.—The data 
compiled under subparagraph (A) shall be in a 
user friendly format that can be searched, 
downloaded, disaggregated, and filtered by data 
category. 
‘‘(2) PROJECT DATA.— 
‘‘(A) IN
GENERAL.—Not later than 120 
days after the end of each fiscal year, the Sec-
retary shall make available on the website of 
the Department of Transportation a report that 
describes— 
‘‘(i) the location of each active project 
within each State during such fiscal year, 
including in which congressional district or 
districts such project is located; 
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‘‘(ii) the total cost of such project; 
‘‘(iii) the amount of Federal funding 
obligated for such project; 
‘‘(iv) the program or programs from 
which Federal funds have been obligated 
for such project; 
‘‘(v) whether such project is located in 
an area of the State with a population of— 
‘‘(I) less than 5,000 individuals; 
‘‘(II) 5,000 or more individuals 
but less than 50,000 individuals; 
‘‘(III) 50,000 or more individuals 
but less than 200,001 individuals; or 
‘‘(IV) greater than 200,000 indi-
viduals; 
‘‘(vi) whether such project is located 
in an area of persistent poverty; 
‘‘(vii) the type of improvement being 
made by such project, including catego-
rizing such project as— 
‘‘(I) 
a 
road 
reconstruction 
project; 
‘‘(II) a new road construction 
project; 
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‘‘(III) a new bridge construction 
project; 
‘‘(IV) 
a 
bridge 
rehabilitation 
project; or 
‘‘(V) 
a 
bridge 
replacement 
project; and 
‘‘(viii) the functional classification of 
the roadway on which such project is lo-
cated. 
‘‘(B) INTERACTIVE MAP.—In addition to 
the data made available under subparagraph 
(A), the Secretary shall make available on the 
website of the Department of Transportation an 
interactive map that displays, for each active 
project, the information described in clauses (i) 
through (v) of subparagraph (A). 
‘‘(3) STATE DATA.— 
‘‘(A) APPORTIONED AND ALLOCATED PRO-
GRAMS.—The website described in paragraph 
(2)(A) shall be updated annually to display the 
Federal-aid highway funds apportioned and al-
located to each State under this title, includ-
ing— 
‘‘(i) the amount of funding available 
for obligation by the State, including prior 
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unobligated balances, at the start of the 
fiscal year; 
‘‘(ii) the amount of funding obligated 
by the State during such fiscal year; 
‘‘(iii) the amount of funding remain-
ing available for obligation by the State at 
the end of such fiscal year; and 
‘‘(iv) changes in the obligated, unex-
pended balance for the State. 
‘‘(B) PROGRAMMATIC DATA.—The data de-
scribed in subparagraph (A) shall include— 
‘‘(i) the amount of funding by each 
apportioned and allocated program for 
which the State received funding under 
this title; 
‘‘(ii) the amount of funding trans-
ferred between programs by the State dur-
ing the fiscal year using the authority pro-
vided under section 126; and 
‘‘(iii) the amount and program cat-
egory of Federal funds exchanged as de-
scribed in section 106(g)(6). 
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) ACTIVE PROJECT.— 
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‘‘(i) IN GENERAL.—The term ‘active 
project’ means a Federal-aid highway 
project using funds made available under 
this title on which those funds were obli-
gated or expended during the fiscal year 
for which the estimated total cost as of the 
start of construction is greater than 
$5,000,000. 
‘‘(ii) EXCLUSION.—The term ‘active 
project’ does not include any project for 
which funds are transferred to agencies 
other than the Federal Highway Adminis-
tration. 
‘‘(B) INTERACTIVE MAP.—The term ‘inter-
active map’ means a map displayed on the pub-
lic website of the Department of Transportation 
that allows a user to select and view informa-
tion for each active project, State, and congres-
sional district. 
‘‘(C) STATE.—The term ‘State’ means any 
of the 50 States or the District of Columbia.’’. 
(b) PROJECT APPROVAL AND OVERSIGHT.—Section 
106 of title 23, United States Code, is amended— 
(1) in subsection (g)— 
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(A) in paragraph (4) by striking subpara-
graph (B) and inserting the following: 
‘‘(B) ASSISTANCE TO STATES.—The Sec-
retary shall— 
‘‘(i) develop criteria for States to use 
to make the determination required under 
subparagraph (A); and 
‘‘(ii) provide training, guidance, and 
other assistance to States and subrecipi-
ents as needed to ensure that projects ad-
ministered by subrecipients comply with 
the requirements of this title. 
‘‘(C) PERIODIC
REVIEW.—The Secretary 
shall review, not less frequently than every 2 
years, the monitoring of subrecipients by the 
States.’’; and 
(B) by adding at the end the following: 
‘‘(6) FEDERAL
FUNDING
EXCHANGE
PRO-
GRAMS.— 
‘‘(A) IN GENERAL.—If a State allows a 
subrecipient to exchange Federal funds pro-
vided under this title that are allocated to such 
subrecipient for State or local funds, the State 
must certify to the Secretary that the State— 
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‘‘(i) has prevailing wage requirements 
that are comparable to the requirements 
under section 113 that apply to the use of 
such State or local funds; and 
‘‘(ii) shall ensure that the prevailing 
wage requirements described in clause (i) 
apply to the use of such State or local 
funds. 
‘‘(B) APPLICABILITY.—The requirements 
of this paragraph shall apply only if the re-
quirements of section 113 would be applicable 
to a covered project if such project was carried 
out using Federal funds. 
‘‘(C) COVERED
PROJECT
DEFINED.—In 
this paragraph, the term ‘covered project’ 
means a project carried out with exchanged 
State or local funds as described in subpara-
graph (A).’’; 
(2) in subsection (h)(3)— 
(A) in subparagraph (B) by striking ‘‘, as 
determined by the Secretary,’’; and 
(B) in subparagraph (D) by striking ‘‘shall 
assess’’ and inserting ‘‘in the case of a project 
proposed to be advanced as a public-private 
partnership, shall include a detailed value for 
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money analysis or comparable analysis to deter-
mine’’; and 
(3) by adding at the end the following: 
‘‘(k) MEGAPROJECTS.— 
‘‘(1) 
COMPREHENSIVE
RISK
MANAGEMENT 
PLAN.—To be authorized for the construction of a 
megaproject, the recipient of Federal financial as-
sistance under this title for such megaproject shall 
submit to the Secretary a comprehensive risk man-
agement plan that contains— 
‘‘(A) a description of the process by which 
the recipient will identify, quantify, and monitor 
the risks, including natural hazards, that might 
result in cost overruns, project delays, reduced 
construction quality, or reductions in benefits 
with respect to the megaproject; 
‘‘(B) examples of mechanisms the recipient 
will use to track risks identified pursuant to 
subparagraph (A); 
‘‘(C) a plan to control such risks; and 
‘‘(D) such assurances as the Secretary de-
termines appropriate that the recipient shall, 
with respect to the megaproject— 
‘‘(i) regularly submit to the Secretary 
updated cost estimates; and 
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‘‘(ii) maintain and regularly reassess 
financial reserves for addressing known 
and unknown risks. 
‘‘(2) PEER REVIEW GROUP.— 
‘‘(A) IN
GENERAL.—Not later than 90 
days after the date on which a megaproject is 
authorized for construction, the recipient of 
Federal financial assistance under this title for 
such megaproject shall establish a peer review 
group for such megaproject that consists of at 
least 5 individuals (including at least 1 indi-
vidual with project management experience) to 
give expert advice on the scientific, technical, 
and 
project 
management 
aspects 
of 
the 
megaproject. 
‘‘(B) MEMBERSHIP.— 
‘‘(i) IN
GENERAL.—Not later than 
180 days after the date of enactment of 
this subsection, the Secretary shall estab-
lish guidelines describing how a recipient 
described in subparagraph (A) shall— 
‘‘(I) recruit and select members 
for a peer review group established 
under such subparagraph; and 
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‘‘(II) make publicly available the 
criteria for such selection and identify 
the members so selected. 
‘‘(ii) CONFLICT
OF
INTEREST.—No 
member of a peer review group for a 
megaproject may have a direct or indirect 
financial interest in such megaproject. 
‘‘(C) TASKS.—A peer review group estab-
lished under subparagraph (A) by a recipient of 
Federal financial assistance for a megaproject 
shall— 
‘‘(i) meet annually until completion of 
the megaproject; 
‘‘(ii) not later than 90 days after the 
date of the establishment of the peer re-
view group and not later than 90 days 
after the date of any significant change, as 
determined by the Secretary, to the scope, 
schedule, or budget of the megaproject, re-
view the scope, schedule, and budget of the 
megaproject, including planning, engineer-
ing, financing, and any other elements de-
termined appropriate by the Secretary; and 
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‘‘(iii) submit to the Secretary, Con-
gress, and such recipient a report on the 
findings of each review under clause (ii). 
‘‘(3) TRANSPARENCY.—Not later than 90 days 
after the submission of a report under paragraph 
(2)(C)(iii), the Secretary shall publish on the website 
of the Department of Transportation such report. 
‘‘(4) MEGAPROJECT
DEFINED.—In this sub-
section, the term ‘megaproject’ means a project 
under this title that has an estimated total cost of 
$2,000,000,000 or more, and such other projects as 
may be identified by the Secretary. 
‘‘(l) SPECIAL EXPERIMENTAL PROJECTS.— 
‘‘(1) PUBLIC
AVAILABILITY.—The Secretary 
shall publish on the website of the Department of 
Transportation a copy of all letters of interest, pro-
posals, workplans, and reports related to the special 
experimental project authority pursuant to section 
502(b). The Secretary shall redact confidential busi-
ness information, as necessary, from any such infor-
mation published. 
‘‘(2) NOTIFICATION.—Not later than 3 days be-
fore making a determination to proceed with an ex-
periment under a letter of interest described in para-
graph (1), the Secretary shall provide notification 
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and a description of the proposed experiment to the 
Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on 
Environment and Public Works of the Senate. 
‘‘(3) REPORT TO CONGRESS.—Not later than 2 
years after the date of enactment of the INVEST in 
America Act, the Secretary shall submit to the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on En-
vironment and Public Works of the Senate a report 
that includes— 
‘‘(A) a summary of each experiment de-
scribed in this subsection carried out over the 
previous 5 years; and 
‘‘(B) legislative recommendations, if any, 
based on the findings of such experiments. 
‘‘(m) COMPETITIVE GRANT PROGRAM OVERSIGHT 
AND ACCOUNTABILITY.— 
‘‘(1) IN
GENERAL.—To ensure the account-
ability and oversight of the discretionary grant selec-
tion process administered by the Secretary, a cov-
ered program shall be subject to the requirements of 
this section, in addition to the requirements applica-
ble to each covered program. 
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‘‘(2) APPLICATION
PROCESS.—The Secretary 
shall— 
‘‘(A) develop a template for applicants to 
use to summarize— 
‘‘(i) project needs and benefits; and 
‘‘(ii) any factors, requirements, or 
considerations established for the applica-
ble covered program; 
‘‘(B) create a data driven process to evalu-
ate, as set forth in the covered program, each 
eligible project for which an application is re-
ceived; and 
‘‘(C) make a determination, based on the 
evaluation made pursuant to subparagraph (B), 
on any ratings, rankings, scores, or similar 
metrics for applications made to the covered 
program. 
‘‘(3) NOTIFICATION
OF
CONGRESS.—Not less 
than 15 days before making a grant for a covered 
program, the Secretary shall notify, in writing, the 
Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on 
the Environment and Public Works of the Senate 
of— 
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‘‘(A) the amount for each project proposed 
to be selected; 
‘‘(B) a description of the review process; 
‘‘(C) for each application, the determina-
tion made under paragraph (2)(C); and 
‘‘(D) a detailed explanation of the basis for 
each award proposed to be selected. 
‘‘(4) NOTIFICATION OF APPLICANTS.—Not later 
than 30 days after making a grant for a project 
under a covered program, the Secretary shall send 
to all applicants under such covered program, and 
publish on the website of the Department of Trans-
portation— 
‘‘(A) a summary of each application made 
to the covered program for the given round of 
funding; and 
‘‘(B) the evaluation and justification for 
the project selection, including all ratings, 
rankings, scores, or similar metrics for applica-
tions made to the covered program for the given 
round of funding during each phase of the 
grant selection process. 
‘‘(5) BRIEFING.—The Secretary shall provide, 
at the request of a grant applicant of a covered pro-
gram, the opportunity to receive a briefing to explain 
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any reasons the grant applicant was not awarded a 
grant. 
‘‘(6) TEMPLATE.—The Secretary shall, to the 
extent practicable, develop a template as described 
in paragraph (2)(A) for any discretionary program 
administered by the Secretary that is not a covered 
program. 
‘‘(7) COVERED PROGRAM DEFINED.—The term 
‘covered program’ means each of the following dis-
cretionary grant programs: 
‘‘(A) Community climate innovation grants 
under section 172. 
‘‘(B) Federal lands and tribal major 
projects grants under section 208. 
‘‘(C) Mobility through advanced tech-
nologies grants under section 503(c)(4). 
‘‘(D) Rebuild rural bridges program under 
section 1307 of the INVEST in America Act. 
‘‘(E) Parking for commercial motor vehicle 
grants under section 1308 of the INVEST in 
America Act. 
‘‘(F) 
Active 
connected 
transportation 
grants under section 1309 of the INVEST in 
America Act. 
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‘‘(G) Wildlife crossings grants under sec-
tion 1310 of the INVEST in America Act. 
‘‘(H) Reconnecting neighborhoods capital 
construction grants under section 1311(d) of 
the INVEST in America Act.’’. 
(c) DIVISION OFFICE CONSISTENCY.—Not later than 
1 year after the date of enactment of this Act, the Comp-
troller General of the United States shall submit to Con-
gress a report that— 
(1) analyzes the consistency of determinations 
among division offices of the Federal Highway Ad-
ministration; and 
(2) makes recommendations to improve the con-
sistency of such determinations. 
(d) IMPROVING RISK BASED STEWARDSHIP
AND 
OVERSIGHT.—Not later than 180 days after the date of 
enactment of this Act, the Administrator of the Federal 
Highway Administration shall reference U.S. DOT Office 
of Inspector General Report No. ST2020035 and take the 
following actions, as necessary, to improve the risk based 
stewardship and oversight of the Federal Highway Admin-
istration: 
(1) Update and implement Federal Highway 
Administration guidance for risk-based project in-
volvement to clarify the requirements for its project 
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risk-assessment process, including expectations for 
conducting and documenting the risk assessment 
and criteria to guide the reevaluation of project 
risks. 
(2) Identify and notify division offices of the 
Federal Highway Administration about sources of 
information that can inform the project risk-assess-
ment process. 
(3) Update and implement Federal Highway 
Administration guidance for risk-based project in-
volvement to clarify how the link between elevated 
risks and associated oversight activities, changes to 
oversight actions, and the results of its risk-based 
involvement should be documented in project over-
sight plans. 
(4) Develop and implement a process to rou-
tinely monitor the implementation and evaluate the 
effectiveness of Federal Highway Administration 
risk-based project involvement. 
SEC. 1107. COMPLETE AND CONTEXT SENSITIVE STREET 
DESIGN. 
(a) STANDARDS.—Section 109 of title 23, United 
States Code, is amended— 
(1) in subsection (a)— 
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(A) in paragraph (1) by striking ‘‘planned 
future traffic of the highway in a manner that 
is conducive to’’ and inserting ‘‘future oper-
ational performance of the facility in a manner 
that enhances’’; and 
(B) in paragraph (2) by inserting ‘‘, taking 
into consideration context sensitive design prin-
ciples’’ after ‘‘each locality’’; 
(2) in subsection (b)— 
(A) by striking ‘‘The geometric’’ and in-
serting ‘‘DESIGN CRITERIA
FOR
THE INTER-
STATE SYSTEM.—The geometric’’; and 
(B) by striking ‘‘the types and volumes of 
traffic anticipated for such project for the twen-
ty-year period commencing on the date of ap-
proval by the Secretary, under section 106 of 
this title, of the plans, specifications, and esti-
mates for actual construction of such project’’ 
and inserting ‘‘the existing and future oper-
ational performance of the facility’’; 
(3) in subsection (c)(1)— 
(A) in subparagraph (C) by striking ‘‘; 
and’’ and inserting a semicolon; 
(B) in subparagraph (D) by striking the 
period and inserting ‘‘; and’’; and 
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(C) by adding at the end the following: 
‘‘(E) context sensitive design principles.’’; 
(4) by striking subsection (o) and inserting the 
following: 
‘‘(o) COMPLIANCE WITH STATE LAWS FOR NON- 
NHS PROJECTS.— 
‘‘(1) IN GENERAL.—Projects (other than high-
way projects on the National Highway System) 
shall— 
‘‘(A) be designed, constructed, operated, 
and maintained in accordance with State laws, 
regulations, directives, safety standards, design 
standards, and construction standards; and 
‘‘(B) take into consideration context sen-
sitive design principles. 
‘‘(2) DESIGN FLEXIBILITY.— 
‘‘(A) IN GENERAL.— 
‘‘(i) IN
GENERAL.—A local jurisdic-
tion may select the most appropriate de-
sign publication for the roadway context in 
which the local jurisdiction is located for 
the design of a project on a roadway (other 
than a highway on the National Highway 
System) if— 
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‘‘(I) the local jurisdiction pro-
vides notification and justification of 
the use of such design publication to 
any State in which the project is lo-
cated; and 
‘‘(II) the design complies with all 
other applicable Federal and State 
laws. 
‘‘(ii) REVIEW.—If a State rejects a 
local jurisdiction’s selection of a design 
publication under this subparagraph, the 
local jurisdiction may submit notification 
and justification of such use to the Sec-
retary. The Secretary shall make a deter-
mination to approve or deny such submis-
sion not later than 90 days after receiving 
such submission. 
‘‘(B) STATE-OWNED ROADS.—In the case 
of a roadway under the ownership of the State, 
the local jurisdiction may select the most appro-
priate design publication only with the concur-
rence of the State. 
‘‘(C) PROGRAMMATIC
BASIS.—The Sec-
retary may consider the use of a design publica-
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tion under this paragraph on a programmatic 
basis.’’; and 
(5) by adding at the end the following: 
‘‘(s) CONTEXT SENSITIVE DESIGN.— 
‘‘(1) 
CONTEXT
SENSITIVE
DESIGN
PRIN-
CIPLES.—The Secretary shall consult with State and 
local officials prior to approving any roadway design 
publications under this section to ensure that the de-
sign publications provide adequate flexibility for a 
project sponsor to select the appropriate design of a 
roadway, consistent with context sensitive design 
principles. 
‘‘(2) POLICIES OR PROCEDURES.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the Secretary publishes the final guidance 
described in paragraph (3), each State shall 
adopt policies or procedures to evaluate the con-
text of a proposed roadway and select the ap-
propriate design, consistent with context sen-
sitive design principles. 
‘‘(B) LOCAL
GOVERNMENTS.—The Sec-
retary and States shall encourage local govern-
ments to adopt policies or procedures described 
under subparagraph (A). 
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‘‘(C) CONSIDERATIONS.—The policies or 
procedures developed under this paragraph 
shall take into consideration the guidance devel-
oped by the Secretary under paragraph (3). 
‘‘(3) GUIDANCE.— 
‘‘(A) IN GENERAL.— 
‘‘(i) NOTICE.—Not later than 1 year 
after the date of enactment of this sub-
section, the Secretary shall publish guid-
ance on the official website of the Depart-
ment of Transportation on context sen-
sitive design. 
‘‘(ii) PUBLIC
REVIEW
AND
COM-
MENT.—The guidance described in this 
paragraph shall be finalized following an 
opportunity for public review and com-
ment. 
‘‘(iii) UPDATE.—The Secretary shall 
periodically update the guidance described 
in this paragraph, including the model 
policies or procedures described under sub-
paragraph (B)(v). 
‘‘(B) CONTENTS.—The guidance described 
in this paragraph shall— 
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‘‘(i) provide best practices for States, 
metropolitan planning organizations, re-
gional transportation planning organiza-
tions, local governments, or other project 
sponsors to implement context sensitive de-
sign principles; 
‘‘(ii) identify opportunities to modify 
planning, scoping, design, and development 
procedures to more effectively combine 
modes of transportation into integrated fa-
cilities that meet the needs of each of such 
modes of transportation in an appropriate 
balance; 
‘‘(iii) identify metrics to assess the 
context of the facility, including sur-
rounding land use or roadside characteris-
tics; 
‘‘(iv) assess the expected operational 
and safety performance of facility design; 
and 
‘‘(v) establish model policies or proce-
dures, consistent with the findings of such 
guidance, for a State or other project spon-
sor to evaluate the context of a proposed 
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facility and select the appropriate facility 
design for the context. 
‘‘(C) TOPICS OF EMPHASIS.—In addition 
to the contents in subparagraph (B), the guid-
ance shall emphasize— 
‘‘(i) procedures for identifying the 
needs of users of all ages and abilities of 
a particular roadway; 
‘‘(ii) procedures for identifying the 
types and designs of facilities needed to 
serve various modes of transportation; 
‘‘(iii) safety and other benefits pro-
vided by carrying out context sensitive de-
sign principles; 
‘‘(iv) common barriers to carrying out 
context sensitive design principles; 
‘‘(v) procedures for overcoming the 
most common barriers to carrying out con-
text sensitive design principles; 
‘‘(vi) procedures for identifying the 
costs associated with carrying out context 
sensitive design principles; 
‘‘(vii) procedures for maximizing local 
cooperation in the introduction of context 
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sensitive design principles and carrying out 
those principles; and 
‘‘(viii) procedures for assessing and 
modifying the facilities and operational 
characteristics of existing roadways to im-
prove consistency with context sensitive de-
sign principles. 
‘‘(4) 
FUNDING.—Amounts 
made 
available 
under sections 104(b)(6) and 505 of this title may 
be used for States, local governments, metropolitan 
planning organizations, or regional transportation 
planning organizations to adopt policies or proce-
dures to evaluate the context of a proposed roadway 
and select the appropriate design, consistent with 
context sensitive design principles.’’. 
(b) CONFORMING AMENDMENT.—Section 1404(b) of 
the FAST Act (23 U.S.C. 109 note) is repealed. 
SEC. 1108. FEDERAL SHARE. 
(a) IN GENERAL.—Section 120(c)(3)(B) of title 23, 
United States Code, is amended— 
(1) by striking clauses (i) and (ii) and inserting 
the following: 
‘‘(i) prefabricated bridge elements and 
systems, innovative materials, and other 
technologies to reduce bridge construction 
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time, extend service life, and reduce preser-
vation costs, as compared to conventionally 
designed and constructed bridges; 
‘‘(ii) innovative construction equip-
ment, materials, techniques, or practices, 
including the use of in-place recycling tech-
nology, digital 3-dimensional modeling 
technologies, and advanced digital con-
struction management systems;’’; 
(2) by redesignating clause (vi) as clause (ix); 
(3) in clause (v) by striking ‘‘or’’ at the end; 
and 
(4) by inserting after clause (v) the following: 
‘‘(vi) innovative pavement materials 
that demonstrate reductions in— 
‘‘(I) greenhouse gas emissions 
through sequestration or innovative 
manufacturing processes; or 
‘‘(II) 
local 
air 
pollution, 
stormwater runoff, or noise pollution; 
‘‘(vii) innovative culvert materials that 
are made with recycled content and dem-
onstrate reductions in greenhouse gas 
emissions; 
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‘‘(viii) contractual provisions that pro-
vide safety contingency funds to incor-
porate safety enhancements to work zones 
prior to or during roadway construction 
and maintenance activities; or’’. 
(b) ENVIRONMENTAL JUSTICE COMMUNITIES.—Sec-
tion 120(c) of title 23, United States Code, is amended 
by adding at the end the following: 
‘‘(4) 
ENVIRONMENTAL
JUSTICE
COMMU-
NITIES.—The Federal share payable on account of a 
project, program, or activity carried out with funds 
apportioned under section 104(b)(5) may be in-
creased by up to 10 percent, up to 100 percent of 
the total project cost of any such project, program, 
or activity that the Secretary determines benefits an 
environmental justice community through reducing 
adverse environmental exposures that may dis-
proportionately impact such communities.’’. 
(c) TECHNICAL AMENDMENT.—Section 107(a)(2) of 
title 23, United States Code, is amended by striking ‘‘sub-
section (c) of’’. 
SEC. 1109. TRANSFERABILITY OF FEDERAL-AID HIGHWAY 
FUNDS. 
Section 126(b) of title 23, United States Code, is 
amended— 
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(1) in the heading by inserting ‘‘AND PRO-
GRAMS’’ after ‘‘SET-ASIDES’’; 
(2) in paragraph 
(1) 
by 
striking 
‘‘and 
133(d)(1)(A)’’ and inserting ‘‘, 130, 133(d)(1)(A), 
133(h), 148(m), 149, 151(f), and 171’’; and 
(3) by striking paragraph (2) and inserting the 
following: 
‘‘(2) ENVIRONMENTAL
PROGRAMS.—With re-
spect to an apportionment under either paragraph 
(4) or paragraph (9) of section 104(b), and notwith-
standing paragraph (1), a State may only transfer 
not more than 50 percent from the amount of the 
apportionment of either such paragraph to the ap-
portionment under the other such paragraph in a 
fiscal year.’’. 
SEC. 1110. TOLLING. 
(a) TOLL ROADS, BRIDGES, TUNNELS, AND FER-
RIES.—Section 129 of title 23, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) IN GENERAL.— 
‘‘(A) AUTHORIZATION.—Subject to the 
provisions of this section, Federal participation 
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shall be permitted on the same basis and in the 
same manner as construction of toll-free high-
ways is permitted under this chapter in the— 
‘‘(i) initial construction of a toll high-
way, bridge, or tunnel or approach to the 
highway, bridge, or tunnel; 
‘‘(ii) initial construction of 1 or more 
lanes or other improvements that increase 
capacity of a highway, bridge, or tunnel 
(other than a highway on the Interstate 
System) and conversion of that highway, 
bridge, or tunnel to a tolled facility, if the 
number of toll-free lanes, excluding auxil-
iary lanes, after the construction is not less 
than the number of toll-free lanes, exclud-
ing auxiliary lanes, before the construction; 
‘‘(iii) initial construction of 1 or more 
lanes or other improvements that increase 
the capacity of a highway, bridge, or tun-
nel on the Interstate System and conver-
sion of that highway, bridge, or tunnel to 
a tolled facility, if the number of toll-free 
non-HOV lanes, excluding auxiliary lanes, 
after such construction is not less than the 
number of toll-free non-HOV lanes, exclud-
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ing auxiliary lanes, before such construc-
tion; 
‘‘(iv) reconstruction, resurfacing, res-
toration, rehabilitation, or replacement of a 
toll highway, bridge, or tunnel or approach 
to the highway, bridge, or tunnel; 
‘‘(v) reconstruction or replacement of 
a toll-free bridge or tunnel and conversion 
of the bridge or tunnel to a toll facility; 
‘‘(vi) reconstruction of a toll-free Fed-
eral-aid highway (other than a highway on 
the Interstate System) and conversion of 
the highway to a toll facility; 
‘‘(vii) reconstruction, restoration, or 
rehabilitation of a highway on the Inter-
state System if the number of toll-free 
non-HOV lanes, excluding auxiliary lanes, 
after reconstruction, restoration, or reha-
bilitation is not less than the number of 
toll-free non-HOV lanes, excluding auxil-
iary lanes, before reconstruction, restora-
tion, or rehabilitation; 
‘‘(viii) conversion of a high occupancy 
vehicle lane on a highway, bridge, or tun-
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nel to a toll facility, subject to the require-
ments of section 166; and 
‘‘(ix) preliminary studies to determine 
the feasibility of a toll facility for which 
Federal participation is authorized under 
this paragraph. 
‘‘(B) AGREEMENT TO TOLL.— 
‘‘(i) IN
GENERAL.—Before the Sec-
retary may authorize tolling under this 
subsection, the public authority with juris-
diction over or that operates a highway, 
bridge, or tunnel shall enter into an agree-
ment with the Secretary to ensure compli-
ance with the requirements of this sub-
section. 
‘‘(ii) APPLICABILITY.— 
‘‘(I) IN GENERAL.—The require-
ments of this subparagraph shall 
apply to— 
‘‘(aa) Federal participation 
under subparagraph (A); 
‘‘(bb) any prior Federal par-
ticipation in the facility proposed 
to be tolled; and 
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‘‘(cc) conversion, with or 
without Federal participation, of 
a non-tolled lane on the National 
Highway System to a toll facility 
under subparagraph (E). 
‘‘(II) HOV FACILITY.—Except as 
otherwise provided in this subsection 
or section 166, the provisions of this 
paragraph shall not apply to a high 
occupancy vehicle facility. 
‘‘(iii) MAJOR FEDERAL ACTION.—Ap-
proval by the Secretary of an agreement to 
toll under this paragraph shall be consid-
ered a major Federal action under the Na-
tional Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.). 
‘‘(C) AGREEMENT CONDITIONS.—Prior to 
entering into an agreement to toll under sub-
paragraph (B), the public authority shall certify 
to the Secretary that— 
‘‘(i) the public authority has estab-
lished procedures to ensure the toll meets 
the purposes and requirements of this sub-
section; 
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‘‘(ii) the toll facility shall provide for 
access at no cost to public transportation 
vehicles and over-the-road buses serving 
the public; and 
‘‘(iii) the toll facility shall provide for 
the regional interoperability of electronic 
toll collection, including through tech-
nologies or business practices. 
‘‘(D) CONSIDERATION OF IMPACTS.— 
‘‘(i) IN GENERAL.—Prior to entering 
into an agreement to toll under subpara-
graph (B), the Secretary shall ensure the 
public authority has adequately considered, 
including by providing an opportunity for 
public comment, the following factors with-
in the corridor: 
‘‘(I) Congestion impacts on both 
the toll facility and in the corridor or 
cordon (including adjacent toll-free fa-
cilities). 
‘‘(II) In the case of a non-attain-
ment or maintenance area, air quality 
impacts. 
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‘‘(III) Planned investments to 
improve public transportation or other 
non-tolled alternatives in the corridor. 
‘‘(IV) Environmental justice and 
equity impacts. 
‘‘(V) Impacts on freight move-
ment. 
‘‘(VI) Economic impacts on busi-
nesses. 
‘‘(ii) CONSIDERATION
IN
ENVIRON-
MENTAL
REVIEW.—Nothing in this sub-
paragraph shall limit a public authority 
from meeting the requirements of this sub-
paragraph through the environmental re-
view process, as applicable. 
‘‘(E) CONGESTION PRICING.— 
‘‘(i) IN
GENERAL.—The Secretary 
may authorize conversion of a non-tolled 
lane on the National Highway System to a 
toll facility to utilize pricing to manage the 
demand to use the toll facility by varying 
the toll amount that is charged. 
‘‘(ii) REQUIREMENT.—Prior to enter-
ing into an agreement to convert a non- 
tolled lane on the National Highway Sys-
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tem to a toll facility, the Secretary shall 
ensure (in addition to the requirements 
under subparagraphs (B), (C), and (D)) 
that such toll facility and any planned in-
vestments to improve public transportation 
or other non-tolled alternatives in the cor-
ridor are reasonably expected to improve 
mobility and efficiency in the cordon or 
corridor, as described in clauses (iii) and 
(iv). 
‘‘(iii) PERFORMANCE MONITORING.— 
A public authority that enters into an 
agreement to convert a non-tolled lane to 
a toll facility under this subparagraph 
shall— 
‘‘(I) establish, monitor, and sup-
port a performance monitoring, eval-
uation, and reporting program— 
‘‘(aa) for the toll facility 
that 
provides 
for 
continuous 
monitoring, assessment, and re-
porting on the impacts that the 
pricing structure may have on 
the operation of the toll facility; 
and 
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‘‘(bb) that considers the im-
pacts of congestion pricing of the 
toll facility on the operation of 
the corridor or cordon; 
‘‘(II) submit to the Secretary an-
nual reports of the impacts described 
in subclause (I); and 
‘‘(III) if the toll facility becomes 
degraded, as described in clause (iv), 
submit to the Secretary an annual up-
date that describes the actions pro-
posed to bring the toll facility into 
compliance and the progress made on 
such actions. 
‘‘(iv) DETERMINATION.— 
‘‘(I) DEGRADED
OPERATION.— 
For purposes of clause (iii)(III), the 
operation of a toll facility shall be 
considered to be degraded if vehicles 
operating on the toll facility are fail-
ing to maintain a minimum average 
operating speed 90 percent of the 
time over a consecutive 180-day pe-
riod during peak hour periods. 
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‘‘(II) CORRIDOR OR CORDON OP-
ERATION.—The public authority with 
jurisdiction over or that operates the 
toll facility shall consider options that 
improve public transportation or other 
non-tolled alternatives that improve 
mobility and efficiency in the corridor 
or cordon, including increased person 
or freight throughput or reduced per-
son hours of delay. 
‘‘(III) DEFINITION OF MINIMUM 
AVERAGE OPERATING SPEED.—In this 
subparagraph, the term ‘minimum av-
erage operating speed’ means— 
‘‘(aa) 35 miles per hour, in 
the case of a toll facility with a 
speed limit of 45 miles per hour 
or greater; or 
‘‘(bb) not more than 10 
miles per hour below the speed 
limit, in the case of a toll facility 
with a speed limit of less than 50 
miles per hour. 
‘‘(IV) EFFICIENT OPERATION.— 
The Secretary may set efficiency and 
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mobility performance standards as an 
alternative to minimum operating 
speed for a toll facility if determined 
appropriate based on the context of 
such toll facility. 
‘‘(v) MAINTENANCE
OF
OPERATING 
PERFORMANCE.— 
‘‘(I) IN
GENERAL.—Not later 
than 180 days after the date on which 
a toll facility becomes degraded under 
clause (iv), the public authority with 
jurisdiction over the toll facility shall 
submit to the Secretary for approval a 
plan that details the actions the public 
authority will take to make significant 
progress toward bringing the toll facil-
ity into compliance with this subpara-
graph. 
‘‘(II) NOTICE OF APPROVAL OR 
DISAPPROVAL.—Not later than 60 
days after the date of receipt of a 
plan under subclause (I), the Sec-
retary shall provide to the public au-
thority a written notice indicating 
whether the Secretary has approved 
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or disapproved the plan based on a 
determination of whether the imple-
mentation of the plan will make sig-
nificant progress toward bringing the 
toll facility into compliance with this 
subparagraph. 
‘‘(III) UPDATE.—Until the date 
on which the Secretary determines 
that the public authority has brought 
the toll facility into compliance with 
this subparagraph, the public author-
ity shall submit annual updates that 
describe— 
‘‘(aa) the actions taken to 
bring the toll facility into compli-
ance; 
‘‘(bb) any actions taken to 
improve the operation of the cor-
ridor or cordon; and 
‘‘(cc) the progress made by 
those actions. 
‘‘(vi) CONSULTATION OF MPO.—If a 
toll facility authorized under this subpara-
graph is located on the National Highway 
System and in a metropolitan planning 
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area established in accordance with section 
134, the public authority shall consult with 
the metropolitan planning organization for 
the area. 
‘‘(vii) INCLUSION.—For the purposes 
of this paragraph, the corridor or cordon 
shall include toll-free facilities that are ad-
jacent to the toll facility.’’; 
(B) in paragraph (3)— 
(i) in subparagraph (A)— 
(I) in clause (iv) by striking 
‘‘and’’ at the end; and 
(II) by striking clause (v) and in-
serting the following: 
‘‘(v) any project eligible under this 
title or chapter 53 of title 49 that provides 
an efficiency or mobility benefit in the cor-
ridor or cordon, including by increasing 
person or freight throughput, increasing 
public transportation service, or reducing 
person hours of delay; 
‘‘(vi) toll or public transportation fare 
discounts, subsidies, or rebates for users of 
the toll facility or public transportation in 
the corridor that have no reasonable alter-
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native transportation method to the toll fa-
cility or for whom the tolls or public trans-
portation fares create a financial hardship, 
as determined by the public authority; and 
‘‘(vii) if the public authority certifies 
annually that the tolled facility is being 
adequately maintained and is not degraded 
as described under paragraph (1)(E), any 
revenues remaining after funding the ac-
tivities described in clauses (i) through (vi) 
shall be considered surplus revenue and 
may be used for any other purpose for 
which Federal funds may be obligated by a 
State under this title or chapter 53 of title 
49.’’; and 
(ii) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) TRANSPARENCY.— 
‘‘(i) ANNUAL AUDIT.— 
‘‘(I) IN GENERAL.—A public au-
thority with jurisdiction over a toll fa-
cility shall conduct or have an inde-
pendent auditor conduct an annual 
audit of toll facility records to verify 
adequate maintenance and compliance 
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with subparagraph (A), and report the 
results of the audits to the Secretary. 
‘‘(II) RECORDS.—On reasonable 
notice, the public authority shall make 
all records of the public authority per-
taining to the toll facility available for 
audit by the Secretary. 
‘‘(ii) USE OF REVENUES.—A State or 
public authority that obligates amounts 
under clauses (v), (vi), or (vii) of subpara-
graph (A) shall annually report to the Sec-
retary a list of activities funded with such 
amounts and the amount of funding pro-
vided for each such activity.’’; 
(C) in paragraph (8) by striking ‘‘as of the 
date of enactment of the MAP–21, before com-
mencing any activity authorized’’ and inserting 
‘‘, before commencing any activity authorized’’; 
(D) in paragraph (9)— 
(i) by striking ‘‘bus’’ and inserting 
‘‘vehicle’’; and 
(ii) by striking ‘‘buses’’ and inserting 
‘‘vehicles’’; and 
(E) by striking paragraph (10) and insert-
ing the following: 
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‘‘(10) 
INTEROPERABILITY
OF
ELECTRONIC 
TOLL COLLECTION.— 
‘‘(A) IN
GENERAL.—All toll facilities on 
Federal-aid highways shall provide for the re-
gional interoperability of electronic toll collec-
tion, including through technologies or business 
practices. 
‘‘(B) PROHIBITION ON RESTRICTION.—No 
State, or any political subdivision thereof, shall 
restrict the information that is shared across 
public and private toll facility operators or their 
agents or contractors for purposes of facili-
tating, operating, or maintaining electronic toll 
collection programs. 
‘‘(11) NONCOMPLIANCE.—If the Secretary con-
cludes that a public authority has not complied with 
the requirements of this subsection, the Secretary 
may take such action as may be necessary to ensure 
compliance with this section. 
‘‘(12) DEFINITIONS.—In this subsection, the 
following definitions apply: 
‘‘(A) FEDERAL PARTICIPATION.—The term 
‘Federal participation’ means the use of funds 
made available under this title. 
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‘‘(B) HIGH OCCUPANCY VEHICLE; HOV.— 
The term ‘high occupancy vehicle’ or ‘HOV’ 
means a vehicle with not fewer than 2 occu-
pants. 
‘‘(C) INITIAL CONSTRUCTION.— 
‘‘(i) IN GENERAL.—The term ‘initial 
construction’ means the construction of a 
highway, bridge, tunnel, or other facility at 
any time before it is open to traffic. 
‘‘(ii) EXCLUSIONS.—The term ‘initial 
construction’ does not include any improve-
ment to a highway, bridge, tunnel, or other 
facility after it is open to traffic. 
‘‘(D) OVER-THE-ROAD
BUS.—The term 
‘over-the-road bus’ has the meaning given the 
term in section 301 of the Americans with Dis-
abilities Act of 1990 (42 U.S.C. 12181). 
‘‘(E) 
PUBLIC
AUTHORITY.—The 
term 
‘public authority’ means a State, interstate 
compact of States, or public entity designated 
by a State. 
‘‘(F) 
PUBLIC
TRANSPORTATION
VEHI-
CLE.—The term ‘public transportation vehicle’ 
has the meaning given that term in section 166. 
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‘‘(G) TOLL FACILITY.—The term ‘toll fa-
cility’ means the tolled lanes of a highway, 
bridge, or tunnel or approach to the highway, 
bridge, or tunnel constructed or authorized to 
be tolled under this subsection.’’. 
(b) REPEAL OF INTERSTATE SYSTEM RECONSTRUC-
TION AND REHABILITATION PILOT PROGRAM.—Section 
1216 of the Transportation Equity Act for the 21st Cen-
tury (23 U.S.C. 129 note), and the item related to such 
section in the table of contents in section 1(b) of such Act, 
are repealed. 
(c) VALUE
PRICING
PILOT
PROGRAM.—Section 
1012(b) of the Intermodal Surface Transportation Effi-
ciency Act of 1991 (23 U.S.C. 149 note) is amended by 
adding at the end the following: 
‘‘(9) SUNSET.—The Secretary may not consider 
an expression of interest submitted under this sec-
tion after the date of enactment of this paragraph.’’. 
(d) SAVINGS CLAUSE.— 
(1) APPLICATION
OF
LIMITATIONS.—Any toll 
facility, including a high occupancy toll facility, de-
scribed in paragraph (2) shall be subject to the re-
quirements of sections 129(a) or 166 of title 23, 
United States Code, as applicable, as in effect on the 
day before the date of enactment of this Act. 
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(2) TOLL FACILITIES.—A toll facility, including 
a high occupancy toll facility, described in this sub-
section is a facility that, on the day prior to the date 
of enactment of this Act, was— 
(A) operating; 
(B) in the planning and design phase; or 
(C) in the construction phase. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall prohibit the Secretary, at the re-
quest of the public authority, from applying the re-
quirements of section 129(a) of title 23, United 
States Code, as amended by this Act. 
(e) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary of Transportation 
shall submit to Congress a report on the implementation 
of the interoperability of toll collection as required under 
section 1512(b) of MAP–21, including an assessment of 
the progress in, and barriers to, such implementation. 
SEC. 1111. HOV FACILITIES. 
Section 166 of title 23, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (4)(C)(iii) by striking 
‘‘transportation buses’’ and inserting ‘‘transpor-
tation vehicles’’; 
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(B) in paragraph (5)(B) by striking 
‘‘2019’’ and inserting ‘‘2025’’; and 
(C) by adding at the end the following: 
‘‘(6) EMERGENCY VEHICLES.—The public au-
thority may allow the following vehicles to use the 
HOV facility if the authority establishes require-
ments for clearly identifying the vehicles: 
‘‘(A) An emergency vehicle that is respond-
ing to an existing emergency. 
‘‘(B) A blood transport vehicle that is 
transporting blood between collection points and 
hospitals or storage centers.’’. 
(2) in subsection (d)(2)(A)(i) by striking ‘‘45 
miles per hour, in the case of a HOV facility with 
a speed limit of 50 miles per hour or greater’’ and 
inserting ‘‘35 miles per hour, in the case of a HOV 
facility with a speed limit of 45 miles per hour or 
greater’’; 
(3) in subsection (d)(2)(B) by striking ‘‘morn-
ing or evening weekday peak hour periods (or both)’’ 
and inserting ‘‘peak hour periods’’; 
(4) in subsection (e)— 
(A) by striking ‘‘Not later than 180 days 
after the date of enactment of this section, the 
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Administrator’’ and inserting ‘‘The Adminis-
trator’’; 
(B) in paragraph (1) by striking ‘‘and’’ at 
the end; 
(C) in paragraph (2) by striking the period 
at the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(3) not later than 180 days after the date of 
enactment of the INVEST in America Act, update 
the requirements established under paragraph (1).’’; 
and 
(5) in subsection (f)— 
(A) in paragraph (1)— 
(i) by striking subparagraphs (C), 
(D), and (F); and 
(ii) by redesignating subparagraphs 
(E), (G), (H), and (I) as subparagraphs 
(C), (D), (E), and (F), respectively; and 
(B) in paragraph (6)(B)(i) by striking 
‘‘public entity’’ and inserting ‘‘public transpor-
tation service that is a recipient or subrecipient 
of funds under chapter 53 of title 49’’. 
SEC. 1112. BUY AMERICA. 
(a) IN GENERAL.—Section 313 of title 23, United 
States Code, is amended— 
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(1) in subsection (a)— 
(A) by striking ‘‘Notwithstanding’’ and in-
serting ‘‘IN GENERAL.—Notwithstanding’’; 
(B) by striking ‘‘Secretary of Transpor-
tation’’ and inserting ‘‘Secretary’’; 
(C) by striking ‘‘the Surface Transpor-
tation Assistance Act of 1982 (96 Stat. 2097) 
or’’; and 
(D) by striking ‘‘and manufactured prod-
ucts’’ and inserting ‘‘manufactured products, 
and construction materials’’; 
(2) in subsection (b) by inserting ‘‘DETERMINA-
TION.—’’ before ‘‘The provisions’’; 
(3) in subsection (c) by striking ‘‘For purposes’’ 
and inserting ‘‘CALCULATION.—For purposes’’; 
(4) in subsection (d)— 
(A) by striking ‘‘The Secretary of Trans-
portation’’ and inserting ‘‘REQUIREMENTS.— 
The Secretary’’; and 
(B) by striking ‘‘the Surface Transpor-
tation Assistance Act of 1982 (96 Stat. 2097) 
or’’; 
(5) in subsection (g) by inserting ‘‘or within the 
scope of the applicable finding, determination, or en-
vironmental review decision made pursuant to au-
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thority granted by the Secretary under section 330, 
if applicable,’’ before ‘‘regardless of the’’; and 
(6) by adding at the end the following: 
‘‘(h) WAIVER PROCEDURE.— 
‘‘(1) IN GENERAL.—Not later than 120 days 
after the submission of a request for a waiver, the 
Secretary shall make a determination under para-
graph (1) or (2) of subsection (b) as to whether sub-
section (a) shall apply. 
‘‘(2) PUBLIC NOTIFICATION AND COMMENT.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days before making a determination regarding a 
waiver described in paragraph (1), the Sec-
retary shall provide notification and an oppor-
tunity for public comment on the request for 
such waiver. 
‘‘(B) NOTIFICATION REQUIREMENTS.—The 
notification required under subparagraph (A) 
shall— 
‘‘(i) describe whether the application 
is being made for a determination de-
scribed in subsection (b)(1); and 
‘‘(ii) be provided to the public by elec-
tronic means, including on the public 
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(F) WAIVER AUTHORITY.— 
(i) IN GENERAL.—A State department 
of transportation may waive the required 
installation of broadband conduit for part 
or all of any covered highway construction 
project under this paragraph if, in the de-
termination of the State department of 
transportation— 
(I) broadband infrastructure, ter-
restrial broadband infrastructure, aer-
ial 
broadband 
fiber 
cables, 
or 
broadband conduit is present near a 
majority of the length of the covered 
highway construction project; 
(II) installation of terrestrial or 
aerial broadband fiber cables associ-
ated with the covered highway con-
struction project is more appropriate 
for the context or a more cost-effec-
tive means to facilitate broadband 
service to an area not adequately 
served by broadband and such instal-
lation is present or planned; 
(III) 
the 
installation 
of 
broadband conduit increases overall 
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