173 
SEC. 1204. RAILWAY CROSSINGS. 
(a) IN GENERAL.—Section 130 of title 23, United 
States Code, is amended— 
(1) in the section heading by striking ‘‘Rail-
way-highway crossings’’ and inserting ‘‘Rail-
way crossings’’; 
(2) in subsection (a)— 
(A) by striking ‘‘Subject to section 120 and 
subsection (b) of this section, the entire’’ and in-
serting ‘‘IN GENERAL.—The’’; 
(B) by striking ‘‘then the entire’’ and in-
serting ‘‘the’’; and 
(C) by striking ‘‘, subject to section 120 and 
subsection (b) of this section,’’; 
(3) by amending subsection (b) to read as fol-
lows: 
‘‘(b) CLASSIFICATION.— 
‘‘(1) IN GENERAL.—The construction of projects 
for the elimination of hazards at railway crossings 
represents a benefit to the railroad. The Secretary 
shall classify the various types of projects involved in 
the elimination of hazards of railway-highway cross-
ings, and shall set for each such classification a per-
centage of the total project cost that represent the ben-
efit to the railroad or railroads for the purpose of de-
termining the railroad’s share of the total project cost. 
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The Secretary shall determine the appropriate classi-
fication of each project. 
‘‘(2) NONCASH CONTRIBUTIONS.— 
‘‘(A) IN GENERAL.—Not more than 5 per-
cent of the cost share described in paragraph (1) 
may be attributable to noncash contributions of 
materials and labor furnished by the railroad in 
connection with the construction of such project. 
‘‘(B) 
REQUIREMENT.—The 
requirements 
under section 200.306 and 200.403(g) of title 2, 
Code of Federal Regulations (or successor regula-
tions), shall apply to any noncash contributions 
under this subsection. 
‘‘(3) TOTAL PROJECT COST.—For the purposes of 
this subsection, the determination of the railroad’s 
share of the total project cost shall include environ-
ment, design, right-of-way, utility accommodation, 
and construction phases of the project.’’; 
(4) in subsection (c)— 
(A) by striking ‘‘Any railroad involved’’ 
and inserting ‘‘BENEFIT.—Any railroad in-
volved’’; 
(B) by striking ‘‘the net benefit’’ and insert-
ing ‘‘the cost associated with the benefit’’; and 
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(C) by striking ‘‘Such payment may consist 
in whole or in part of materials and labor fur-
nished by the railroad in connection with the 
construction of such project.’’; 
(5) by striking subsection (e) and inserting the 
following: 
‘‘(e) RAILWAY CROSSINGS.— 
‘‘(1) ELIGIBLE ACTIVITIES.—Funds apportioned 
to a State under section 104(b)(7) may be obligated 
for the following: 
‘‘(A) The elimination of hazards at rail-
way-highway crossings, including technology or 
protective upgrades. 
‘‘(B) Construction (including installation 
and replacement) of protective devices at rail-
way-highway crossings. 
‘‘(C) Infrastructure and noninfrastructure 
projects and strategies to prevent or reduce sui-
cide or trespasser fatalities and injuries along 
railroad rights-of-way and at or near railway- 
highway crossings. 
‘‘(D) Projects to mitigate any degradation 
in the level of access from a highway-grade cross-
ing closure. 
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‘‘(E) Bicycle and pedestrian railway grade 
crossing improvements, including underpasses 
and overpasses. 
‘‘(F) 
Projects 
eligible 
under 
section 
22907(c)(5) of title 49, provided that amounts 
obligated under this subparagraph— 
‘‘(i) shall be administered by the Sec-
retary in accordance with such section as if 
such amounts were made available to carry 
out such section; and 
‘‘(ii) may be used to pay up to 90 per-
cent of the non-Federal share of the cost of 
a project carried out under such section. 
‘‘(2) SPECIAL RULE.—If a State demonstrates to 
the satisfaction of the Secretary that the State has 
met all its needs for installation of protective devices 
at railway-highway crossings, the State may use 
funds made available by this section for other high-
way safety improvement program purposes.’’; 
(6) by striking subsection (f) and inserting the 
following: 
‘‘(f) FEDERAL SHARE.—Notwithstanding section 120, 
the Federal share payable on account of any project fi-
nanced with funds made available to carry out subsection 
(e) shall be up to 90 percent of the cost thereof.’’; 
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(7) by striking subsection (g) and inserting the 
following: 
‘‘(g) REPORT.— 
‘‘(1) STATE REPORT.— 
‘‘(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of the INVEST in 
America Act, and at least biennially thereafter, 
each State shall submit to the Secretary a report 
on the progress being made to implement the 
railway crossings program authorized by this 
section and the effectiveness of such improve-
ments. 
‘‘(B) CONTENTS.—Each State report under 
subparagraph (A) shall contain an assessment of 
the costs of the various treatments employed and 
subsequent accident experience at improved loca-
tions. 
‘‘(2) DEPARTMENTAL REPORT.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the deadline for the submission of a 
report under paragraph (1)(A), the Secretary 
shall publish on the website of the Department of 
Transportation a report on the progress being 
made by the State in implementing projects to 
improve railway-highway crossings. 
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‘‘(B) CONTENTS.—The report under sub-
paragraph (A) shall include— 
‘‘(i) the number of projects undertaken; 
‘‘(ii) distribution of such projects by 
cost range, road system, nature of treat-
ment, and subsequent accident experience at 
improved locations; 
‘‘(iii) an analysis and evaluation of 
each State program; 
‘‘(iv) the identification of any State 
found not to be in compliance with the 
schedule of improvements required by sub-
section (d); and 
‘‘(v) recommendations for future imple-
mentation of the railway crossings pro-
gram.’’; 
(8) in subsection (j)— 
(A) in the heading by inserting ‘‘AND PE-
DESTRIAN’’ after ‘‘BICYCLE’’; and 
(B) by inserting ‘‘and pedestrian’’ after ‘‘bi-
cycle’’; and 
(9) in subsection (l)— 
(A) in paragraph (1) by striking ‘‘Not later 
than’’ and all that follows through ‘‘each State’’ 
and inserting ‘‘Not later than 6 months after a 
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179 
new railway crossing becomes operational, each 
State’’; and 
(B) in paragraph (2) by striking ‘‘On a 
periodic’’ and all that follows through ‘‘every 
year thereafter’’ and inserting ‘‘On or before 
September 30 of each year’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
1 of title 23, United States Code, is amended by amending 
the item relating to section 130 to read as follows: 
‘‘130. Railway crossings.’’. 
(c) GAO STUDY.—Not later than 2 years after the date 
of enactment of this Act, the Comptroller General of the 
United States shall submit to Congress a report that in-
cludes an analysis of the effectiveness of the railway cross-
ing program under section 130 of title 23, United States 
Code. 
(d) SENSE OF CONGRESS RELATING TO TRESPASSER 
DEATHS ALONG RAILROAD RIGHTS-OF-WAY.—It is the 
sense of Congress that the Department of Transportation 
should, where feasible, coordinate departmental efforts to 
prevent or reduce trespasser deaths along railroad rights- 
of-way and at or near railway-highway crossings. 
SEC. 1205. SURFACE TRANSPORTATION PROGRAM. 
(a) IN GENERAL.—Section 133 of title 23, United 
States Code, is amended— 
(1) in the heading by striking ‘‘block grant’’; 
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(2) in subsection (a) by striking ‘‘block grant’’; 
(3) in subsection (b)— 
(A) by striking ‘‘block grant’’; 
(B) in paragraph (4) by striking ‘‘railway- 
highway grade crossings’’ and inserting ‘‘projects 
eligible under section 130 and installation of 
safety barriers and nets on bridges’’; 
(C) in paragraph (6)— 
(i) by striking ‘‘Recreational’’ and in-
serting 
‘‘Transportation 
alternatives 
projects eligible under subsection (h), rec-
reational’’; and 
(ii) by striking ‘‘1404 of SAFETEA– 
LU (23 U.S.C. 402 note)’’ and inserting 
‘‘211’’; and 
(D) by adding at the end the following: 
‘‘(16) Protective features (including natural in-
frastructure and vegetation control and clearance) to 
enhance the resilience of a transportation facility oth-
erwise eligible for assistance under this section. 
‘‘(17) Projects to reduce greenhouse gas emissions 
eligible under section 171, including the installation 
of electric vehicle charging infrastructure. 
‘‘(18) Projects and strategies to reduce vehicle- 
caused wildlife mortality related to, or to restore and 
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maintain connectivity among terrestrial or aquatic 
habitats affected by, a transportation facility other-
wise eligible for assistance under this section. 
‘‘(19) A surface transportation project carried 
out in accordance with the national travel and tour-
ism infrastructure strategic plan under section 
1431(e) of the FAST Act (49 U.S.C. 301 note).’’; 
(4) in subsection (c)— 
(A) by striking ‘‘block grant’’ and inserting 
‘‘program’’; 
(B) by striking paragraph (3) and inserting 
the following: 
‘‘(3) for a project described in— 
‘‘(A) subsection (h); or 
‘‘(B) section 101(a)(29), as in effect on the 
day before the date of enactment of the FAST 
Act;’’; 
(C) by redesignating paragraph (4) as 
paragraph (5); and 
(D) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) for a project described in section 5308 of 
title 49; and’’; 
(5) in subsection (d)— 
(A) in paragraph (1)— 
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(i) by inserting ‘‘each fiscal year’’ after 
‘‘apportioned to a State’’; 
(ii) by striking ‘‘the reservation of’’ 
and inserting ‘‘setting aside’’; and 
(iii) in subparagraph (A)— 
(I) by striking ‘‘the percentage 
specified in paragraph (6) for a fiscal 
year’’ and inserting ‘‘57 percent for 
fiscal year 2022, 58 percent for fiscal 
year 2023, 59 percent for fiscal year 
2024, and 60 percent for fiscal year 
2025’’; 
(II) in clause (i) by striking ‘‘of 
over’’ and inserting ‘‘greater than’’; 
and 
(III) by striking clauses (ii) and 
(iii) and inserting the following: 
‘‘(ii) in urbanized areas of the State 
with an urbanized area population greater 
than 49,999 and less than 200,001; 
‘‘(iii) in urban areas of the State with 
a population greater than 4,999 and less 
than 50,000; and 
‘‘(iv) in other areas of the State with 
a population less than 5,000; and’’; 
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(B) in paragraph (3) by striking ‘‘block 
grant’’. 
(2) NONDISCRIMINATION.—Section 140(b) of title 
23, United States Code, is amended by striking ‘‘block 
grant’’. 
(3) 
PUBLIC
TRANSPORTATION.—Section 
142(e)(2) of title 23, United States Code, is amended 
by striking ‘‘block grant’’. 
(4) HIGHWAY
USE
TAX
EVASION
PROJECTS.— 
Section 143(b)(8) of title 23, United States Code, is 
amended in the heading by striking ‘‘BLOCK GRANT’’. 
(5) CONGESTION MITIGATION AND AIR QUALITY 
IMPROVEMENT PROGRAM.—Section 149(d) of title 23, 
United States Code, is amended— 
(A) in paragraph (1)(B) by striking ‘‘block 
grant’’; and 
(B) in paragraph (2)(A) by striking ‘‘block 
grant’’. 
(6) TERRITORIAL AND PUERTO RICO HIGHWAY 
PROGRAM.—Section 165 of title 23, United States 
Code, is amended— 
(A) in subsection (b)(2)(A)(ii) by striking 
‘‘block grant’’ each time such term appears; and 
(B) in subsection (c)(6)(A)(i) by striking 
‘‘block grant’’. 
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190 
(7) MAGNETIC
LEVITATION
TRANSPORTATION 
TECHNOLOGY
DEPLOYMENT
PROGRAM.—Section 
322(h)(3) of title 23, United States Code, is amended 
by striking ‘‘block grant’’. 
(8) 
TRAINING
AND
EDUCATION.—Section 
504(a)(4) of title 23, United States Code, is amended 
by striking ‘‘block grant’’. 
SEC. 1206. TRANSPORTATION ALTERNATIVES PROGRAM. 
Section 133(h) of title 23, United States Code, is 
amended to read as follows: 
‘‘(h) TRANSPORTATION ALTERNATIVES PROGRAM SET- 
ASIDE.— 
‘‘(1) SET ASIDE.—For each fiscal year, of the 
total funds apportioned to all States under section 
104(b)(2) for a fiscal year, the Secretary shall set 
aside an amount such that— 
‘‘(A) the Secretary sets aside a total amount 
under this subsection for a fiscal year equal to 
10 percent of such total funds; and 
‘‘(B) the State’s share of the amount set 
aside under subparagraph (A) is determined by 
multiplying the amount set aside under subpara-
graph (A) by the ratio that— 
‘‘(i) the amount apportioned to the 
State for the transportation enhancement 
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program for fiscal year 2009 under section 
133(d)(2), as in effect on the day before the 
date of enactment of MAP–21; bears to 
‘‘(ii) the total amount of funds appor-
tioned to all States for the transportation 
enhancements program for fiscal year 2009. 
‘‘(2) ALLOCATION WITHIN A STATE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), funds set aside for a State 
under paragraph (1) shall be obligated within 
that State in the manner described in subsections 
(d) and (e), except that, for purposes of this 
paragraph (after funds are made available under 
paragraph (5))— 
‘‘(i) for each fiscal year, the percentage 
referred to in paragraph (1)(A) of sub-
section (d) shall be deemed to be 66 percent; 
and 
‘‘(ii) paragraph (3) of subsection (d) 
shall not apply. 
‘‘(B) LOCAL CONTROL.— 
‘‘(i) IN GENERAL.—A State may make 
available up to 100 percent of the funds set 
aside under paragraph (1) to the entities 
described in subclause (I) if the State sub-
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