H.R. 2 — what changed

added This Act may be cited as the “Moving Forward Act”.

added “(84) The Central Texas Corridor, including the route—

added “(A) commencing in the vicinity of Texas Highway 338 in Odessa, Texas, running eastward generally following Interstate Route 20, connecting to Texas Highway 158 in the vicinity of Midland, Texas, then following Texas Highway 158 eastward to United States Route 87 and then following United States Route 87 southeastward, passing in the vicinity of San Angelo, Texas, and connecting to United States Route 190 in the vicinity of Brady, Texas;

added “(B) commencing at the intersection of Interstate Route 10 and United States Route 190 in Pecos County, Texas, and following United States Route 190 to Brady, Texas;

added “(C) following portions of United States Route 190 eastward, passing in the vicinity of Fort Hood, Killeen, Belton, Temple, Bryan, College Station, Huntsville, Livingston, Woodville, and Jasper, to the logical terminus of Texas Highway 63 at the Sabine River Bridge at Burrs Crossing and including a loop generally encircling Bryan/College Station, Texas;

added “(D) following United States Route 83 southward from the vicinity of Eden, Texas, to a logical connection to Interstate Route 10 at Junction, Texas;

added “(E) following United States Route 69 from Interstate Route 10 in Beaumont, Texas, north to United States Route 190 in the vicinity of Woodville, Texas;

added “(F) following United States Route 96 from Interstate Route 10 in Beaumont, Texas, north to United States Route 190 in the vicinity of Jasper, Texas; and

added “(G) following United States Route 190, State Highway 305, and United States Route 385 from Interstate Route 10 in Pecos County, Texas to Interstate 20 at Odessa, Texas.”

added “(91) The Central Louisiana Corridor commencing at the logical terminus of Louisiana Highway 8 at the Sabine River Bridge at Burrs Crossing and generally following portions of Louisiana Highway 8 to Leesville, Louisiana, and then eastward on Louisiana Highway 28, passing in the vicinity of Alexandria, Pineville, Walters, and Archie, to the logical terminus of United States Route 84 at the Mississippi River Bridge at Vidalia, Louisiana.”

added “(92) The Central Mississippi Corridor, including the route—

added “(A) commencing at the logical terminus of United States Route 84 at the Mississippi River and then generally following portions of United States Route 84 passing in the vicinity of Natchez, Brookhaven, Monticello, Prentiss, and Collins, to Interstate 59 in the vicinity of Laurel, Mississippi, and continuing on Interstate Route 59 north to Interstate Route 20 and on Interstate Route 20 to the Mississippi-Alabama State Border; and

added “(B) commencing in the vicinity of Laurel, Mississippi, running south on Interstate Route 59 to United States Route 98 in the vicinity of Hattiesburg, connecting to United States Route 49 south then following United States Route 49 south to Interstate Route 10 in the vicinity of Gulfport and following Mississippi Route 601 southerly terminating near the Mississippi State Port at Gulfport.”

added “(93) The Middle Alabama Corridor including the route—

added “(A) beginning at the Alabama-Mississippi Border generally following portions of I–20 until following a new interstate extension paralleling United States Highway 80 specifically:

added “(B) crossing Alabama Route 28 near Coatopa, Alabama, traveling eastward crossing United States Highway 43 and Alabama Route 69 near Selma, Alabama, traveling eastwards closely paralleling United States Highway 80 to the south crossing over Alabama Routes 22, 41, and 21, until its intersection with I–65 near Hope Hull, Alabama;

added “(C) continuing east along the proposed Montgomery Outer Loop south of Montgomery, Alabama where it would next join with I–85 east of Montgomery, Alabama;

added “(D) continuing along I–85 east bound until its intersection with United States Highway 280 near Opelika, Alabama or United States Highway 80 near Tuskegee, Alabama; and

added “(E) generally following the most expedient route until intersecting with existing United States Highway 80 (JR Allen Parkway) through Phenix City until continuing into Columbus, Georgia.”

added “(94) The Middle Georgia Corridor including the route—

added “(A) beginning at the Alabama-Georgia Border generally following the Fall Line Freeway from Columbus Georgia to Augusta, Georgia specifically:

added “(B) travelling along United States Route 80 (JR Allen Parkway) through Columbus, Georgia and near Fort Benning, Georgia, east to Talbot County, Georgia where it would follow Georgia Route 96, then commencing on Georgia Route 49C (Fort Valley Bypass) to Georgia Route 49 (Peach Parkway) to its intersection with Interstate route 75 in Byron, Georgia;

added “(C) continuing north along Interstate Route 75 through Warner Robins and Macon, Georgia where it would meet Interstate Route 16. Following Interstate 16 east it would next join United States Route 80 and then onto State Route 57; and

added “(D) commencing with State Route 57 which turns into State Route 24 near Milledgeville, Georgia would then bypass Wrens, Georgia with a newly constructed bypass. After the bypass it would join United States Route 1 near Fort Gordon into Augusta, Georgia where it will terminate at Interstate Route 520.”

removed In this division, the following definitions apply:

“(A) $ 506,302,525 for fiscal year 2022;

“(B) $ 509,708,000 for fiscal year 2023;

“(C) $ 520,084,000 for fiscal year 2024; and

“(D) $ 530,459,000 for fiscal year 2025.”

“(b) Division among programs of State’s share of apportionment—The Secretary shall distribute the amount apportioned to a State for a fiscal year under subsection (c) among the covered programs as follows:

“(1) National highway performance program—For the national highway performance program, 55.09 percent of the amount remaining after distributing amounts under paragraphs (4), (6), and (7).

“(2) Surface transportation program—For the surface transportation program, 28.43 percent of the amount remaining after distributing amounts under paragraphs (4), (6), and (7).

“(3) Highway safety improvement program—For the highway safety improvement program, 6.19 percent of the amount remaining after distributing amounts under paragraphs (4), (6), and (7).

“(4) Congestion mitigation and air quality improvement program

“(A) In general—For the congestion mitigation and air quality improvement program, 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 2022;

“(ii) $2,964,919,535 for fiscal year 2023;

“(iii) $3,024,217,926 for fiscal year 2024; and

“(iv) $3,078,653,849 for fiscal year 2025.

“(C) State share—For each fiscal year, the Secretary shall distribute among the States the amount for the congestion mitigation and air quality improvement program under subparagraph (B) so that each State receives an amount equal to the proportion that—

“(i) the amount apportioned to the State for the congestion mitigation and air quality improvement program for fiscal year 2020; bears to

“(ii) the total amount of funds apportioned to all States for such program for fiscal year 2020.

“(5) National highway freight program—For the national highway freight program, 3.38 percent of the amount remaining after distributing amounts under paragraphs (4), (6), and (7).

“(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 2022;

“(ii) $516,381,250 for fiscal year 2023;

“(iii) $526,708,875 for fiscal year 2024; and

“(iv) $536,189,635 for fiscal year 2025.

“(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 apportioned to all States for metropolitan planning for fiscal year 2020.

“(7) Railway crossings

“(A) In general—For the railway crossings 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 2022 through 2025.

“(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 section 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 crossings 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).

“(8) Predisaster mitigation program—For the predisaster mitigation program, 2.96 percent of the amount remaining after distributing amounts under paragraphs (4), (6), and (7).

“(9) Carbon pollution reduction program—For the carbon pollution reduction program, 3.95 percent of the amount remaining after distributing amounts under paragraphs (4), (6), and (7).

“(c) Calculation of amounts

“(1) State share—For each of fiscal years 2022 through 2025, 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) the combined amount authorized for appropriation for the fiscal year for the covered programs; by

“(ii) the share for each State, which shall be equal to the proportion that—

“(I) the amount of apportionments that the State received for fiscal year 2020; bears to

“(II) the amount of those apportionments 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 Highway 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 2022 through 2025, the Secretary shall apportion the sums authorized to be appropriated for expenditure on the covered programs in accordance with paragraph (1).”

“(h) Definition of covered programs—In this section, the term covered programs means—

“(1) the national highway performance program under section 119;

“(2) the surface transportation program under section 133;

“(3) the highway safety improvement program under section 148;

“(4) the congestion mitigation and air quality improvement program under section 149;

“(5) the national highway freight program under section 167;

“(6) metropolitan planning under section 134;

“(7) the railway crossings program under section 130;

“(8) the predisaster mitigation program under section 124; and

“(9) the carbon pollution reduction program under section 171.”

Section 105 of title 23, United States Code, is amended—

“(4) Special rule

“(A) Adjustment—In making an adjustment under paragraph (1) for an allocation, reservation, or set-aside from an amount authorized 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, reservation, 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 adjustment determined under subsection (b)(1)(B); and

“(iii) adjust the amount that the Secretary would have allocated for the allocation, reservation, or set-aside for such fiscal year but for this section by the amount calculated under clause (ii).

“(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, and the United States Forest Service;

changed “(ii) the amount made available for the Puerto Rico highway program under section 165(a)(1); and165(a)(1);

changed “(iii) the amount made available for the territorial highway program under section 165(a)(2).”165(a)(2);

added “(iv) from the amounts made available for a fiscal year for the urbanized areas formula grants under section 5307 of title 49, the amounts allocated for a fiscal year for the passenger ferry grant program under section 5307(h) of such title;

added “(v) from the amounts made available for a fiscal year for the formula grants for rural areas under section 5311 of such title, the amounts allocated for a fiscal year for public transportation on Indian reservations;

added “(vi) from the amounts made available for a fiscal year for the public transportation innovation program under section 5312 of such title—

added “(I) the amounts allocated for the zero emission vehicle component assessment under section 5312(h) of such title; and

added “(II) the amounts allocated for the transit cooperative research program under section 5312(i) of such title;

added “(vii) from the amounts made available for a fiscal year for the technical assistance and workforce development program of section 5314 of such title, the amounts allocated for the national transit institute under section 5314(c) of such title;

added “(viii) from the amounts made available for a fiscal year for the bus and bus facilities program under section 5339 of such title, the amounts allocated for a fiscal year for the zero emission grants under section 5339(c) of such title;

added “(ix) the amounts made available for growing States under section 5340(c) of such title; and

added “(x) the amounts made available for high density states under section 5340(d) of such title.”

“(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 Secretary 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;

“(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 200,000 individuals; or

“(IV) 200,000 or more individuals;

“(vi) whether such project is located in an area of persistent poverty, as defined in section 172(l);

“(vii) the type of improvement being made by such project, including categorizing such project as—

“(I) a road reconstruction project;

“(II) a new road construction project;

“(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 located.

“(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 programs—The website described in paragraph (2)(A) shall be updated annually to display the Federal-aid highway funds apportioned and allocated to each State under this title, including—

“(i) the amount of funding available for obligation by the State, including prior 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 remaining available for obligation by the State at the end of such fiscal year; and

“(iv) changes in the obligated, unexpended balance for the State.

“(B) Programmatic data—The data described 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 transferred between programs by the State during the fiscal year using the authority provided under section 126; and

“(iii) the amount and program category of Federal funds exchanged as described in section 106(g)(6).

“(4) Definitions—In this subsection:

“(A) Active project

“(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 obligated 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 Administration.

“(B) Interactive map—The term interactive map means a map displayed on the public website of the Department of Transportation that allows a user to select and view information for each active project, State, and congressional district.

“(C) State—The term State means any of the 50 States or the District of Columbia.”

“(B) Assistance to States—The Secretary 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 subrecipients as needed to ensure that projects administered 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.”

“(6) Federal funding exchange programs—A State may implement a program under which a subrecipient has the option to exchange Federal funds allocated to such subrecipient in accordance with the requirements of this title for State or local funds if the State certifies to the Secretary that the State has prevailing wage and domestic content requirements that are comparable to the requirements under sections 113 and 313 and that such requirements shall apply to projects carried out using such funds if such projects would have been subject to the requirements of sections 113 and 313 if such projects were carried out using Federal funds.”

“(k) Megaprojects

“(1) Comprehensive risk management plan—To be authorized for the construction of a megaproject, the recipient of Federal financial assistance under this title for such megaproject shall submit to the Secretary a comprehensive risk management 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 determines appropriate that the recipient shall, with respect to the megaproject—

“(i) regularly submit to the Secretary updated cost estimates; and

“(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 individual 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 establish 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

“(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 established 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 review 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, review the scope, schedule, and budget of the megaproject, including planning, engineering, financing, and any other elements determined appropriate by the Secretary; and

“(iii) submit to the Secretary, Congress, 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 subsection, 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, proposals, workplans, and reports related to the special experimental project authority pursuant to section 502(b). The Secretary shall redact confidential business information, as necessary, from any such information published.

“(2) Notification and opportunity for comment—Not later than 30 days before making a determination to proceed with an experiment under a letter of interest described in paragraph (1), the Secretary shall provide notification and an opportunity for public comment on the letter of interest and the Secretary’s proposed response.

“(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 Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that includes—

“(A) a summary of each experiment described 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 accountability and oversight of the discretionary grant selection process administered by the Secretary, a covered program shall be subject to the requirements of this section, in addition to the requirements applicable to each covered program.

“(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 applicable covered program;

“(B) create a data driven process to evaluate, as set forth in the covered program, each eligible project for which an application is received; 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—

“(A) the amount for each project proposed to be selected;

“(B) a description of the review process;

“(C) for each application, the determination 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 Transportation—

“(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 applications 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 program, the opportunity to receive a briefing to explain 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 discretionary grant programs:

“(A) Community climate innovation grants under section 172.

“(B) Electric vehicle charging and hydrogen fueling infrastructure grants under section 151(f).

“(C) Federal lands and tribal major projects grants under section 208.

“(D) Safe, efficient mobility through advanced technologies grants under section 503(c)(4).”

“(E) context sensitive design principles.”

“(o) Compliance with State laws for non-NHS projects

“(1) In general—Projects (other than highway 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 sensitive design principles.

“(2) Design flexibility

“(A) In general—A local jurisdiction may deviate from the roadway design publication used by the State 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—

changed “(i) notification and justification of the deviation is approved by provided to the Secretary; Secretary and the State; and

“(ii) the design complies with all other applicable Federal laws.

“(B) State-owned roads—In the case of a roadway under the ownership of the State, the local jurisdiction may only deviate from the roadway design publication used by the State with the concurrence of the State.

changed “(C) Programmatic basis—The Secretary may approve consider a deviation under this paragraph on a project, multiple project, or programmatic basis.”

“(s) Context sensitive design

“(1) Context sensitive design principles—The Secretary shall collaborate with the American Association of State Highway Transportation Officials to ensure that any roadway design publications approved by the Secretary under this section 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 context of a proposed roadway and select the appropriate design, consistent with context sensitive design principles.

“(B) Local governments—The Secretary and States shall encourage local governments to adopt policies or procedures described under subparagraph (A).

“(C) Considerations—The policies or procedures developed under this paragraph shall take into consideration the guidance developed 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 subsection, the Secretary shall publish guidance on the official website of the Department of Transportation on context sensitive design.

“(ii) Public review and comment—The guidance described in this paragraph shall be finalized following an opportunity for public review and comment.

“(iii) Update—The Secretary shall periodically update the guidance described in this paragraph, including the model policies or procedures described under subparagraph (B)(v).

“(B) Requirements—The guidance described in this paragraph shall—

“(i) provide best practices for States, metropolitan planning organizations, regional transportation planning organizations, local governments, or other project sponsors to carry out context sensitive design principles;

“(ii) identify opportunities to modify planning, scoping, design, and development procedures to more effectively combine modes of transportation into integrated facilities 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 surrounding land use or roadside characteristics;

“(iv) assess the expected operational and safety performance of alternative approaches to facility design; and

“(v) taking into consideration the findings of this guidance, establish model policies or procedures for a State or other project sponsor to evaluate the context of a proposed facility and select the appropriate facility design for the context.

“(C) Topics of emphasis—In publishing the guidance described in this paragraph, the Secretary 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 provided by carrying out context sensitive design principles;

“(iv) common barriers to carrying out context sensitive design principles;

“(v) procedures for overcoming the most common barriers to carrying out context 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 sensitive design principles and carrying out those principles; and

“(viii) procedures for assessing and modifying the facilities and operational characteristics of existing roadways to improve consistency with context sensitive design 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 procedures to evaluate the context of a proposed roadway and select the appropriate design, consistent with context sensitive design principles.”

Section 166 of title 23, United States Code, is amended—

“(3) not later than 180 days after the date of enactment of the INVEST in America Act, update the requirements established under paragraph (1).”

Section 119 of title 23, United States Code, is amended—

“(b) Purposes—The purposes of the national highway performance program shall be—

“(1) to provide support for the condition and performance of the National Highway System, consistent with the asset management plans of States;

“(2) to support progress toward the achievement of performance targets of States established under section 150;

“(3) to increase the resilience of Federal-aid highways and bridges; and

“(4) to provide support for the construction of new facilities on the National Highway System, consistent with subsection (d)(3).”

“(Q) Projects on or off the National Highway System to reduce greenhouse gas emissions that are eligible under section 171, including the installation of electric vehicle charging infrastructure.

“(R) Projects on or off the National Highway System to enhance resilience of a transportation facility, including protective features.

“(S) Projects and strategies to reduce vehicle-caused wildlife mortality related to, or to restore and maintain connectivity among terrestrial or aquatic habitats affected by, a transportation facility otherwise eligible for assistance under this section.

“(T) Projects on or off the National Highway System to improve an evacuation route eligible under section 124(b)(1)(C).

“(U) Undergrounding public utilities in the course of other infrastructure improvements eligible under this section to mitigate the cost of recurring damages from extreme weather events, wildfire or other natural disasters.”

“(3) a project that is otherwise eligible under this subsection to construct new capacity for single occupancy passenger vehicles only if the State—

“(A) has demonstrated progress in achieving a state of good repair, as defined in the State’s asset management plan, on the National Highway System;

“(B) demonstrates that the project—

“(i) supports the achievement of performance targets of the State established under section 150; and

“(ii) is more cost effective, as determined by benefit-cost analysis, than—

“(I) an operational improvement to the facility or corridor;

“(II) the construction of a transit project eligible for assistance under chapter 53 of title 49; or

“(III) the construction of a non-single occupancy passenger vehicle project that improves freight movement; and

“(C) has a public plan for maintaining and operating the new asset while continuing its progress in achieving a state of good repair under subparagraph (A).”

changed “(k) Benefit-cost Benefit-Cost analysis—In carrying out subsection (d)(3)(B)(ii), the Secretary shall establish a process for analyzing the cost and benefits of projects under such subsection, ensuring that—

“(1) the benefit-cost analysis includes a calculation of all the benefits addressed in the performance measures established under section 150;

“(2) the benefit-cost analysis includes a consideration of the total maintenance cost of an asset over the lifecycle of the asset; and

changed “(3) the State demonstrates that any travel transportation demand modeling used to calculate the benefit-cost analysis has a documented record of accuracy.”

“124. Predisaster mitigation program

“(a) Establishment—The Secretary shall establish and implement a predisaster mitigation program to enhance the resilience of the transportation system of the United States, mitigate the impacts of covered events, and ensure the efficient use of Federal resources.

“(b) Eligible activities

changed “(1) In general—Subject to paragraph (2), funds apportioned to the State under section 104(b)(8) may be obligated for construction activities, including construction of natural infrastructure or protective features features, and the development of such projects and programs that help agencies, agencies to—

“(A) increase the resilience of a surface transportation infrastructure asset to withstand a covered event;

“(B) relocate or provide a reasonable alternative to a repeatedly damaged facility;

“(C) for an evacuation route identified in the vulnerability assessment required under section 134(i)(2)(I)(iii) or section 135(f)(10)(C)—

“(i) improve the capacity or operation of such evacuation route through—

“(I) communications and intelligent transportation system equipment and infrastructure;

“(II) counterflow measures; and

“(III) shoulders; and

“(ii) relocate such evacuation route or provide a reasonable alternative to such evacuation route to address the risk of a covered event; and

“(D) recover from incidents that significantly disrupt a regions transportation system including—

“(i) predisaster training programs that help agencies and regional stakeholders plan for and prepare multimodal recovery efforts; and

“(ii) the establishment of regional wide telework training and programs.

“(2) Infrastructure resilience and adaptation—No funds shall be obligated to a project under this section unless the project meets each of the following criteria:

“(A) The project is designed to ensure resilience over the anticipated service life of the surface transportation infrastructure asset.

“(B) The project is identified in the metropolitan or statewide transportation improvement program as a project to address resilience vulnerabilities, consistent with section 134(j)(3)(E) or 135(g)(5)(B)(iii).

“(C) For a project in a flood-prone area, the project sponsor considers hydrologic and hydraulic data and methods that integrate current and projected changes in flooding based on climate science over the anticipated service life of the surface transportation infrastructure asset and future forecasted land use changes.

“(3) Prioritization of projects—A State shall develop a process to prioritize projects under this section based on the degree to which the proposed project would—

“(A) be cost effective;

changed “(B) reduce the risk of disruption to a surface transportation infrastructure asset considered critical to support population centers, freight movement, economic activity, evacuation, recovery, or national security functions; functions, or critical infrastructure; and

“(C) ease disruptions to vulnerable, at-risk, or transit-dependant populations.

“(c) Guidance—The Secretary shall provide guidance to States to assist with the implementation of paragraphs (2) and (3) of subsection (b).

“(d) Definitions—In this section:

“(1) Covered event—The term covered event means a climate change effect (including sea level rise), an extreme event, seismic activity, or any other natural disaster (including a wildfire or landslide).

“(2) Surface transportation infrastructure asset—The term surface transportation infrastructure asset means a facility eligible for assistance under this title or chapter 53 of title 49.”

“(I) Climate change and resilience

“(i) In general—The transportation planning process shall assess strategies to reduce the climate change impacts of the surface transportation system and conduct a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of Federal resources.

“(ii) Climate change mitigation and impacts—A long-range transportation plan shall—

“(I) identify investments and strategies to reduce transportation-related sources of greenhouse gas emissions per capita;

“(II) identify investments and strategies to manage transportation demand and increase the rates of public transportation ridership, walking, bicycling, and carpools; and

“(III) recommend zoning and other land use policies that would support infill, transit-oriented development, and mixed use development.

“(iii) Vulnerability assessment—A long-range transportation plan shall incorporate a vulnerability assessment that—

“(I) includes a risk-based assessment of vulnerabilities of critical transportation assets and systems to covered events (as such term is defined in section 124);

“(II) considers, as applicable, the risk management analysis in the State’s asset management plan developed pursuant to section 119, and the State’s evaluation of reasonable alternatives to repeatedly damaged facilities conducted under part 667 of title 23, Code of Federal Regulations;

changed “(III) identifies evacuation routes, assesses the ability of any such routes to provide safe passage for evacuation evacuation, access to health care and public health facilities, and emergency response during an emergency event, and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage;

“(IV) describes the metropolitan planning organization’s adaptation and resilience improvement strategies that will inform the transportation investment decisions of the metropolitan planning organization; and

“(V) is consistent with and complementary of the State and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165).

“(iv) Consultation—The assessment described in this subparagraph shall be developed in consultation with, as appropriate, State, local, and Tribal officials responsible for land use, housing, resilience, hazard mitigation, and emergency management.”

“(E) Resilience projects—The TIP shall—

“(i) identify projects that address the vulnerabilities identified by the assessment in subsection (i)(2)(I)(iii); and

“(ii) describe how each project identified under clause (i) would improve the resilience of the transportation system.”

“(I) Climate change and resilience

“(i) In general—The transportation planning process shall assess strategies to reduce the climate change impacts of the surface transportation system and conduct a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of Federal resources.

“(ii) Climate change mitigation and impacts—A long-range transportation plan shall—

“(I) identify investments and strategies to reduce transportation-related sources of greenhouse gas emissions per capita;

“(II) identify investments and strategies to manage transportation demand and increase the rates of public transportation ridership, walking, bicycling, and carpools; and

“(III) recommend zoning and other land use policies that would support infill, transit-oriented development, and mixed use development.

“(iii) Vulnerability assessment—A long-range transportation plan shall incorporate a vulnerability assessment that—

“(I) includes a risk-based assessment of vulnerabilities of critical transportation assets and systems to covered events (as such term is defined in section 124 of title 23);

“(II) considers, as applicable, the risk management analysis in the State’s asset management plan developed pursuant to section 119 of title 23, and the State’s evaluation of reasonable alternatives to repeatedly damaged facilities conducted under part 667 of title 23, Code of Federal Regulations;

changed “(III) identifies evacuation routes, assesses the ability of any such routes to provide safe passage for evacuation evacuation, access to health care and public health facilities, and emergency response during an emergency event, and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage;

“(IV) describes the metropolitan planning organization’s adaptation and resilience improvement strategies that will inform the transportation investment decisions of the metropolitan planning organization; and

“(V) is consistent with and complementary of the State and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165).

“(iv) Consultation—The assessment described in this subparagraph shall be developed in consultation, as appropriate, with State, local, and Tribal officials responsible for land use, housing, resilience, hazard mitigation, and emergency management.”

“(E) Resilience projects—The TIP shall—

“(i) identify projects that address the vulnerabilities identified by the assessment in subsection (i)(2)(I)(iii); and

“(ii) describe how each project identified under clause (i) would improve the resilience of the transportation system.”

“(10) Climate change and resilience

“(A) In general—The transportation planning process shall assess strategies to reduce the climate change impacts of the surface transportation system and conduct a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of Federal resources.

“(B) Climate change mitigation and impacts—A long-range transportation plan shall—

“(i) identify investments and strategies to reduce transportation-related sources of greenhouse gas emissions per capita;

“(ii) identify investments and strategies to manage transportation demand and increase the rates of public transportation ridership, walking, bicycling, and carpools; and

“(iii) recommend zoning and other land use policies that would support infill, transit-oriented development, and mixed use development.

“(C) Vulnerability assessment—A long-range transportation plan shall incorporate a vulnerability assessment that—

“(i) includes a risk-based assessment of vulnerabilities of critical transportation assets and systems to covered events (as such term is defined in section 124);

“(ii) considers, as applicable, the risk management analysis in the State’s asset management plan developed pursuant to section 119, and the State’s evaluation of reasonable alternatives to repeatedly damaged facilities conducted under part 667 of title 23, Code of Federal Regulations;

changed “(iii) identifies evacuation routes, assesses the ability of any such routes to provide safe passage for evacuation evacuation, access to health care and public health facilities, and emergency response during an emergency event, and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage;

“(iv) describes the States’s adaptation and resilience improvement strategies that will inform the transportation investment decisions of the State; and

“(v) is consistent with and complementary of the State and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165).

“(D) Consultation—The assessment described in this subparagraph shall be developed in consultation with, as appropriate, State, local, and Tribal officials responsible for land use, housing, resilience, hazard mitigation, and emergency management.”

“(iii) Resilience projects—The STIP shall—

“(I) identify projects that address the vulnerabilities identified by the assessment in subsection (i)(10)(B); and

“(II) describe how each project identified under subclause (I) would improve the resilience of the transportation system.”

“(10) Climate change and resilience

“(A) In general—The transportation planning process shall assess strategies to reduce the climate change impacts of the surface transportation system and conduct a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of Federal resources.

“(B) Climate change mitigation and impacts—A long-range transportation plan shall—

“(i) identify investments and strategies to reduce transportation-related sources of greenhouse gas emissions per capita;

“(ii) identify investments and strategies to manage transportation demand and increase the rates of public transportation ridership, walking, bicycling, and carpools; and

“(iii) recommend zoning and other land use policies that would support infill, transit-oriented development, and mixed use development.

“(C) Vulnerability assessment—A long-range transportation plan shall incorporate a vulnerability assessment that—

“(i) includes a risk-based assessment of vulnerabilities of critical transportation assets and systems to covered events (as such term is defined in section 124 of title 23);

“(ii) considers, as applicable, the risk management analysis in the State’s asset management plan developed pursuant to section 119 of title 23, and the State’s evaluation of reasonable alternatives to repeatedly damaged facilities conducted under part 667 of title 23, Code of Federal Regulations;

changed “(iii) identifies evacuation routes, assesses the ability of any such routes to provide safe passage for evacuation evacuation, access to health care and public health facilities, and emergency response during an emergency event, and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage;

“(iv) describes the State’s adaptation and resilience improvement strategies that will inform the transportation investment decisions of the State; and

“(v) is consistent with and complementary of the State and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165).

“(D) Consultation—The assessment described in this subparagraph shall be developed in consultation with, as appropriate, State, local, and Tribal officials responsible for land use, housing, resilience, hazard mitigation, and emergency management.”

“(iii) Resilience projects—The STIP shall—

“(I) identify projects that address the vulnerabilities identified by the assessment in subsection (i)(10)(B); and

“(II) describe how each project identified under subclause (I) would improve the resilience of the transportation system.”

“(1) In general—The Secretary may expend funds from the emergency fund authorized by this section only for the repair or reconstruction of highways on Federal-aid highways in accordance with this chapter.

“(2) Restrictions

“(A) In general—No funds shall be expended from the emergency fund authorized by this section unless—

“(i) an emergency has been declared by the Governor of the State with concurrence by the Secretary, unless the President has declared the emergency to be a major disaster for the purposes of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) for which concurrence of the Secretary is not required; and

“(ii) the Secretary has received an application from the State transportation department that includes a comprehensive list of all eligible project sites and repair costs by not later than 2 years after the natural disaster or catastrophic failure.

“(B) Cost limitation—The total cost of a project funded under this section may not exceed the cost of repair or reconstruction of a comparable facility unless the Secretary determines that the project incorporates economically justified betterments, including protective features to increase the resilience of the facility.

“(3) Special rule for bridge projects—In no case shall funds be used under this section for the repair or reconstruction of a bridge—

“(A) that has been permanently closed to all vehicular traffic by the State or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration; or

“(B) if a construction phase of a replacement structure is included in the approved statewide transportation improvement program at the time of an event described in subsection (a).”

“(g) Imposition of deadline

“(1) In general—Notwithstanding any other provision of law, the Secretary may not require any project funded under this section to advance to the construction obligation stage before the date that is the last day of the sixth fiscal year after the later of—

“(A) the date on which the Governor declared the emergency, as described in subsection (d)(2)(A)(i); or

“(B) the date on which the President declared the emergency to be a major disaster, as described in such subsection.

“(2) Extension of deadline—If the Secretary imposes a deadline for advancement to the construction obligation stage pursuant to paragraph (1), the Secretary may, upon the request of the Governor of the State, issue an extension of not more than 1 year to complete such advancement, and may issue additional extensions after the expiration of any extension, if the Secretary determines the Governor of the State has provided suitable justification to warrant such an extension.

changed “(h) Predisaster hazard Hazard mitigation pilot program

changed “(1) In General—The Secretary shall establish a predisaster hazard mitigation pilot program for the purpose of mitigating future hazards posed to Federal-aid highways.

changed “(2) Distribution of funds—Every 6 months, the Secretary shall total the amount of funds made available to each State, territory, Tribal or other eligible entity under the emergency relief program under this section during the preceding 6 months and remit an additional 5 percent from the Highway Trust Fund to such entities for eligible activities described in paragraph (3).funds

changed “(3) Eligible Activities—Funds made available under paragraph (2) shall be used for mitigation projects and activities that the Secretary determines are cost effective and which substantially reduce the risk of, or increase resilience to, future damage as a result “(A) Authorization of natural disasters, including by flood, hurricane, tidal wave, earthquake, severe storm, or landslide, by upgrading existing assets appropriations—There is authorized to meet or exceed design standards adopted by be appropriated such sums as may be necessary for the Federal Highway Administration by—pilot program established under this subsection.

changed “(A) relocating “(B) Calculation—Every 6 months, the Secretary shall calculate the total amount of outstanding eligible repair costs under the emergency relief program under this section, including the emergency relief backlog, for each State, territory, Tribal government, or elevating roadways;other eligible entity.

changed “(B) increasing the size “(C) Distribution—Any amounts made available under this subsection shall be distributed to each State, territory, Tribal government, or number of drainage structures, including culverts;other eligible entity based on—

changed “(C) installing mitigation measures to prevent “(i) the impairment of transportation assets as a result ratio of the intrusion total amount of floodwaters;outstanding eligible repair costs as described under subparagraph (B); bears to

changed “(D) improving bridges to expand water capacity and prevent flooding;“(ii) the total amounts appropriated for the purposes described in this subsection.

changed “(E) deepening channels to prevent asset inundation and improve drainage;“(D) Limitation—The distribution described under subparagraph (C) shall not exceed 5 percent of the amount described in subparagraph (B).

changed “(F) improving strength of natural “(3) Eligible activities—Amounts made available under this subsection shall be used for protective features adjacent to highway right-of-way to promote additional flood storage;or other hazard mitigation activities that—

changed “(G) installing or upgrading tide gates “(A) the Secretary determines are cost effective and flood gates;that reduce the risk of, or increase the resilience to, future damage to existing assets as a result of natural disasters; and

changed “(H) stabilizing slide areas or slopes;“(B) are eligible under section 124.

removed “(I) installing seismic retrofits for bridges;

removed “(J) adding scour protection at bridges;

removed “(K) adding scour, stream stability, coastal, or other hydraulic countermeasures, including riprap;

removed “(L) installing intelligent transportation system equipment to monitor infrastructure quality; and

removed “(M) any other protective features as determined by the Secretary.

“(4) Report—The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate an annual report detailing—

“(A) a description of the activities carried out under the pilot program;

“(B) an evaluation of the effectiveness of the pilot program in meeting purposes descried in paragraph (1);

“(C) policy recommendations to improve the effectiveness of the pilot program.

added “(5) Sunset—The authority provided under this subsection shall terminate on October 1, 2025.

“(i) Improving the emergency relief program—Not later than 90 days after the date of enactment of the INVEST in America Act, the Secretary shall—

“(1) revise the emergency relief manual of the Federal Highway Administration—

“(A) to include and reflect the definition of the term “resilience” (as defined in section 101(a));

“(B) to identify procedures that States may use to incorporate resilience into emergency relief projects; and

“(C) to encourage the use of context sensitive design principles and consideration of access for moderate- and low-income families impacted by a declared disaster;

“(2) develop best practices for improving the use of resilience in—

“(A) the emergency relief program under section 125; and

“(B) emergency relief efforts;

“(3) provide to division offices of the Federal Highway Administration and State departments of transportation information on the best practices developed under paragraph (2); and

“(4) develop and implement a process to track—

“(A) the consideration of resilience as part of the emergency relief program under section 125; and

“(B) the costs of emergency relief projects.

“(j) Definitions—In this section:

“(1) Comparable facility—The term comparable facility means a facility that meets the current geometric and construction standards required for the types and volume of traffic that the facility will carry over its design life.

“(2) Construction phase—The term construction phase means the phase of physical construction of a highway or bridge facility that is separate from any other identified phases, such as planning, design, or right-of-way phases, in the State transportation improvement program.

“(3) Open to public travel—The term open to public travel means with respect to a road, that, except during scheduled periods, extreme weather conditions, or emergencies, the road—

“(A) is maintained;

“(B) is open to the general public; and

“(C) can accommodate travel by a standard passenger vehicle, without restrictive gates or prohibitive signs or regulations, other than for general traffic control or restrictions based on size, weight, or class of registration.

“(4) Standard passenger vehicle—The term standard passenger vehicle means a vehicle with 6 inches of clearance from the lowest point of the frame, body, suspension, or differential to the ground.”

“(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 crossings, and shall set for each such classification a percentage of the total project cost that represent the benefit to the railroad or railroads for the purpose of determining the railroad's share of the total project cost. The Secretary shall determine the appropriate classification of each project.

“(2) Noncash contributions

“(A) In general—Not more than 5 percent 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 regulations), 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 environment, design, right-of-way, utility accommodation, and construction phases of the project.”

“(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 railway-highway crossings, including technology or protective upgrades.

changed “(B) Construction (including or installation and replacement) of protective devices (including replacement of functionally obsolete protective devices) at railway-highway crossings.

“(C) Infrastructure and noninfrastructure projects and strategies to prevent or reduce suicide 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 crossing closure.

“(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 Secretary 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 percent 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 highway safety improvement program purposes.”

“(f) Federal share—Notwithstanding section 120, the Federal share payable on account of any project financed with funds made available to carry out subsection (e) shall be up to 90 percent of the cost thereof.”

“(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 improvements.

“(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 locations.

“(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.

“(B) Contents—The report under subparagraph (A) shall include—

“(i) the number of projects undertaken;

“(ii) distribution of such projects by cost range, road system, nature of treatment, 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 subsection (d); and

“(v) recommendations for future implementation of the railway crossings program.”

“(16) Protective features (including natural infrastructure and vegetation control and clearance) to enhance the resilience of a transportation facility otherwise 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 maintain connectivity among terrestrial or aquatic habitats affected by, a transportation facility otherwise eligible for assistance under this section.

changed “(19) A surface transportation project carried out in accordance with the national travel and tourism infrastructure strategic plan under section 1431(e) of the FAST Act (49 U.S.C. 301 note).”note).

added “(20) roads in rural areas that primarily serve to transport agricultural products from a farm or ranch to a marketplace.”

“(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;”

“(4) for a project described in section 5308 of title 49; and”

“(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”

“(3) Local coordination and consultation

“(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 organizations in the State that represent an urbanized area described in such paragraph; and

“(ii) describe how funds described under paragraph (1)(A)(ii) will be allocated equitably among such urbanized areas during the period of fiscal years 2022 through 2025.

“(B) Joint responsibility—Each State and the Secretary shall jointly ensure compliance with subparagraph (A).

“(C) Consultation with regional transportation planning organizations—For purposes of clauses (iii) and (iv) of paragraph (1)(A), before obligating funding attributed to an area with a population less than 50,000, a State shall consult with the regional transportation planning organizations that represent the area, if any.”

“(6) Technical assistance

“(A) In general—The State and all metropolitan planning organizations in the State that represent an urbanized area with a population of greater than 200,000 shall jointly establish a program to improve the ability of applicants 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 subsection; and

changed “(ii) funding for 1 one or more full-time State employee positions to administer this subsection.

“(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 metropolitan 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 organizations.”

“(f) Bridges not on Federal-Aid highways

“(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 apportioned to a State for each fiscal year under this section other than the amounts described in subparagraph (C), the State shall obligate for activities 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 fiscal year 2020, not including the amounts described 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 subparagraph (A) with respect to the State if the Secretary determines that the State has inadequate needs to justify the expenditure.

“(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 rehabilitation 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 deficient 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 other bridge projects in the State that are eligible for Federal funds under this section; and

“(B) that crediting shall be conducted in accordance with procedures established by the Secretary.”

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 subparagraph (A) by the ratio that—

“(i) the amount apportioned to the State for the transportation enhancement 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 apportioned 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 subsection (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 submits to the Secretary, and the Secretary approves, a plan that describes—

“(I) how such funds shall be made available to metropolitan planning organizations, regional transportation planning organizations, counties, or other regional transportation authorities;

“(II) how the entities described in subclause (I) shall select projects for funding and how such entities shall report 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 approved under this subparagraph shall make available an equivalent amount of obligation authority to an entity described in clause (i)(I) to whom funds are made available under this subparagraph.

“(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 pedestrians, 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 Americans 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 disabilities to access daily needs.

“(C) Conversion and use of abandoned railroad corridors for trails for pedestrians, bicyclists, or other nonmotorized transportation users.

“(D) Construction of turnouts, overlooks, and viewing areas.

“(E) Community improvement activities, including—

“(i) inventory, control, or removal of outdoor advertising;

“(ii) historic preservation and rehabilitation of historic transportation facilities;

“(iii) vegetation management practices in transportation rights-of-way to improve roadway safety, prevent against invasive species, facilitate wildfire control, and provide erosion control; and

“(iv) archaeological activities relating to impacts from implementation of a transportation project eligible under this title.

“(F) Any environmental mitigation activity, including pollution prevention and pollution abatement activities and mitigation to address stormwater management, control, and water pollution prevention or abatement related to highway construction or due to highway runoff, including activities described in sections 328(a) and 329.

“(G) Projects and strategies to reduce vehicle-caused wildlife mortality related to, or to restore and maintain connectivity among terrestrial or aquatic habitats affected by, a transportation 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 vulnerable road user assessment described in section 148.

“(K) Any other projects or activities described 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 entity required to obligate funds in accordance with paragraph (2)(B) shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection. A metropolitan planning organization for an area described in subsection (d)(1)(A)(i) shall select projects under such process in consultation with the relevant State.

“(B) Eligible entity defined—In this paragraph, the term eligible entity means—

“(i) a local government, including a county or multi-county special district;

“(ii) a regional transportation authority;

“(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 organization that serves an urbanized area with a population of 200,000 or fewer;

“(viii) a nonprofit organization carrying out activities related to transportation;

“(ix) any other local or regional governmental entity with responsibility for or oversight of transportation or recreational trails (other than a metropolitan planning organization that serves an urbanized area with a population of over 200,000 or a State agency) that the State determines to be eligible, consistent with the goals of this subsection; and

“(x) a State, at the request of any entity 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 apportioned 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 described in clause (i) to the Secretary for the administration of such program; and

“(iii) comply with the provisions of the administration of the recreational trails program under section 206, including the use of apportioned funds described in subsection (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 notifies 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 efficiency

“(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 subsection, after allocating funds in accordance with paragraph (2)(A), to improve the ability of applicants to access funding for projects under this subsection in an efficient and expeditious manner by providing—

“(i) to applicants for projects under this subsection application assistance, technical assistance, and assistance in reducing the period of time between the selection of the project and the obligation of funds for the project; and

changed “(ii) funding for 1 one 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 entities.

“(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 subsection may be up to 100 percent.

“(ii) Aggregate non-Federal share—The average annual non-Federal share of the total cost of all projects for which funds are obligated under this subsection in a State for a fiscal year shall be not less than the non-Federal share authorized for the State under section 120(b).

“(iii) Requirement—This subparagraph 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-Federal share of the costs of a project under this subsection if the project—

“(i) is a project described in section 148(e)(1); and

“(ii) is consistent with the State strategic highway safety plan (as defined in section 148(a)).

“(8) Flexibility

“(A) State authority

“(i) In general—A State may use not more than 50 percent of the funds set aside under this subsection that are available for obligation in any area of the State (suballocated consistent with the requirements of subsection (d)(1)(B)) for any purpose eligible under subsection (b).

“(ii) Restriction—Funds may be used as described in clause (i) only if the State demonstrates to the Secretary—

“(I) that the State held a competition in compliance with the requirements of this subsection in such form as the Secretary determines appropriate;

“(II) that the State offered technical assistance to all eligible entities and provided such assistance upon request by an eligible entity; and

“(III) that there were not sufficient 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 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 compliance with the requirements of this subsection 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 metropolitan 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 received; and

“(II) the types of projects to be carried out, expressed as percentages of the total apportionment of the State under this subsection; and

“(ii) the list of each project selected for funding for each fiscal year, including specifying the fiscal year for which the project was selected, the fiscal year in which the project is anticipated to be 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).”

“(xviii) Safe routes to school infrastructure-related projects eligible under section 211.”

“(xxviii) A pedestrian security feature designed to slow or stop a motor vehicle.

“(xxix) Installation of infrastructure improvements, including sidewalks, crosswalks, signage, and bus stop shelters or protected waiting areas.”

“(x) State or local representatives of educational agencies to address safe routes to school and schoolbus safety; and”

“(G) includes a vulnerable road user safety assessment described under paragraph (16);”

“(10) Safe system approach—The term safe system approach means a roadway design that emphasizes minimizing the risk of injury or fatality to road users and that—

“(A) takes into consideration the 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 safety project includes a project that—

“(i) promotes public awareness and informs the public regarding highway safety matters (including safety for motorcyclists, bicyclists, pedestrians, individuals with disabilities, and other road users);

“(ii) facilitates enforcement of traffic safety laws;

“(iii) provides infrastructure and infrastructure-related equipment to support emergency services;

“(iv) conducts safety-related research to evaluate experimental safety countermeasures or equipment; or

“(v) supports safe routes to school noninfrastructure-related activities described under section 211(e)(2).”

“(15) Vulnerable road user—The term vulnerable road user means a nonmotorist—

“(A) with a fatality analysis reporting system 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 assessment—The term vulnerable road user safety assessment 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).”

“(viii) the findings of a vulnerable road user safety assessment of the State; and”

“(3) Flexible funding for specified safety projects

“(A) In general—To advance the implementation 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 construction—Nothing in this paragraph shall be construed to require a State to revise any State process, plan, or program in effect on the date of enactment of this paragraph.

“(C) Effect of paragraph

“(i) Requirements—A project funded under this paragraph shall be subject to all requirements under this section that apply to a highway safety improvement project.

“(ii) Other apportioned programs—Subparagraph (A) shall not apply to amounts that may be obligated for noninfrastructure projects apportioned under any other paragraph of section 104(b).”

“(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 following the fiscal year in which such determination is made for projects on high-risk rural roads an amount not less than 7.5 percent of the amounts apportioned to the State under section 104(b)(3) for fiscal year 2020; and

“(ii) include, in the subsequent update to the State strategic highway safety plan, strategies to reduce the fatality rate.

“(B) Source of funds—Any amounts obligated under subparagraph (A) shall be from amounts described under section 133(d)(1)(B).

“(C) Annual determination—The determination described under subparagraph (A) shall be made on an annual basis.

“(D) Consultation—In carrying out a project with an amount obligated under subparagraph (A), a State shall consult with, as applicable, local governments, metropolitan planning organizations, and regional transportation planning organizations.”

“(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 road user fatalities and serious injuries per capita in such State over the most recent 2-year period for which data are available exceeds the median number of such fatalities and serious injuries per capita among all States, that State shall be required to obligate over the 2 fiscal years following the fiscal year in which such determination is made an amount that is not less than 50 percent of the amount set aside in such State under section 133(h)(1) for fiscal year 2020, less any amounts obligated by a metropolitan planning organization in the State as required by subparagraph (D), for—

“(i) in the first fiscal year—

“(I) performing the vulnerable user safety assessment as prescribed by subsection (l);

“(II) providing matching funds for transportation alternatives safety project as identified in section 133(h)(7)(B); and

“(III) projects eligible under section 133(h)(3)(A), (B), (C), or (I); and

“(ii) in each fiscal year thereafter, the program of projects identified in subsection (l)(2)(C).

“(B) Source of funds—Any amounts obligated under subparagraph (A) shall be from amounts described in section 133(d)(1)(B).

“(C) Annual determination—The determination described under subparagraph (A) shall be made on an annual basis.

“(D) Metropolitan planning area with excessive fatalities and serious injuries per capita

“(i) Annual determination—Beginning on the date of enactment of the INVEST in America Act, a metropolitan planning organization representing an urbanized area with a population greater than 200,000 shall annually determine the number of vulnerable user road fatalities and serious injuries per capita in such area over the most recent 2-year period.

“(ii) Requirement to obligate funds—If such a metropolitan planning area organization determines that the number of vulnerable user road fatalities and serious injuries per capita in such area over the most recent 2-year period for which data are available exceeds the median number of such fatalities and serious injuries among all urbanized areas with a population of over 200,000, then there shall be obligated over the 2 fiscal years following the fiscal year in which such determination is made an amount that is not less than 50 percent of the amount set aside for that urbanized area under section 133(h)(2) for fiscal year 2020 for projects identified in the program of projects described in subsection (l)(7)(C).

“(E) Source of funds

“(i) Metropolitan planning organization in State required to obligate funds—For a metropolitan planning organization in a State required to obligate funds to vulnerable user safety under subparagraph (A), the State shall be required to obligate from such amounts required to be obligated for vulnerable road user safety under subparagraph (B) for projects described in subsection (l)(7).

“(ii) Other metropolitan planning organizations—For a metropolitan planning organization that is not located within a State required to obligate funds to vulnerable user safety under subparagraph (A), the State shall be required to obligate from amounts apportioned under section 104(b)(3) for projects described in subsection (l)(7).”

“(l) Vulnerable road user safety assessment

“(1) In general—Not later than 1 year after date of enactment of the INVEST in America Act, each State shall create a vulnerable road user safety assessment.

“(2) Contents—A vulnerable road user safety assessment required under paragraph (1) shall include—

“(A) a description of the location within the State of each vulnerable road user fatality and serious injury and the design speed of the roadway at any such location;

“(B) a description of any corridors identified by a State, in coordination with local governments, metropolitan planning organizations, and regional transportation planning organizations that pose a high risk of a vulnerable road user fatality or serious injury and the design speeds of such corridors; and

“(C) a program of projects or strategies to reduce safety risks to vulnerable road users in corridors identified under subparagraph (B), in coordination with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under subparagraph (B).

“(3) Analysis—In creating a vulnerable road user safety assessment under this subsection, a State shall assess the last 5 years of available data.

“(4) Requirements—In creating a vulnerable road user safety assessment under this subsection, a State shall—

“(A) take into consideration a safe system approach; and

“(B) coordinate with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under paragraph (2)(B).

“(5) Update—A State shall update a vulnerable road user safety assessment on the same schedule as the State updates the State strategic highway safety plan.

changed “(6) Transportation system access—The program of projects developed under paragraph (2)(C) may not degrade transportation system access for vulnerable road users.”users.

added “(7) Metropolitan planning area assessments—A metropolitan planning organization that represents an urbanized area with a population greater than 200,000 shall complete a vulnerable user safety assessment based on the most recent 5 years of available data, unless an assessment was completed in the previous 5 years, including—

added “(A) a description of the location within the urbanized area of each vulnerable road user fatality and serious injury and the design speed of the roadway at any such location;

added “(B) a description of any corridors that represent a high-risk area identified under paragraph (2)(B) that pose a high risk of a vulnerable road user fatality or serious injury and the design speeds of such corridors; and

added “(C) a program of projects or strategies to reduce safety risks to vulnerable road users in corridors identified under subparagraph (B).”

“155. Electric vehicle charging stations

“(a) In general—Any electric vehicle charging infrastructure funded under this title shall be subject to the requirements of this section.

“(b) Interoperability

“(1) In general—Electric vehicle charging stations funded under this title shall provide, at a minimum, two of the following charging connector types at the location:

“(A) CCS.

“(B) CHAdeMO.

changed “(C) An alternative connector that meets applicable industry safety standardsstandards.

“(2) Savings clause—Nothing in this subsection shall prevent the use of charging types other than the connectors described in paragraph (1) if, at a minimum, such connectors meet applicable industry safety standards and are compatible with a majority of electric vehicles in operation.

“(c) Open access to payment—Electric vehicle charging stations shall provide payment methods available to all members of the public to ensure secure, convenient, and equal access and shall not be limited by membership to a particular payment provider.

changed “(d) Treatment of projects—Notwithstanding any other provision of law, any project to install electric vehicle charging infrastructure shall be treated as if the project is located on a Federal-aid highway.highway.”

removed “(e) Certification—The Secretary of Commerce shall certify that no electric vehicle charging stations installed under this section use minerals sourced or processed with child labor, as such term is defined in Article 3 of the International Labor Organization Convention concerning the prohibition and immediate action for the elimination of the worst forms of child labor (December 2, 2000), or in violation of human rights.”

changed “(f) Interstate system rights-of wayrights-of-Way

changed “(1) In general—Notwithstanding subsections subsection (a) or (b), the Secretary shall permit, consistent with section 155, the charging of electric vehicles on rights-of-way of the Interstate System in—

“(A) a rest area; or

“(B) a fringe or corridor parking facility, including a park and ride facility.

“(2) Savings clause—Nothing in this subsection shall permit commercial activities on rights-of-way of the Interstate System, except as necessary for the charging of electric vehicles in accordance with this subsection.”

Section 167 of title 23, United States Code, is amended—

“(7) to reduce the environmental impacts of freight movement on the National Highway Freight Network, including—

“(A) greenhouse gas emissions;

changed “(B) local air pollution;pollution, including local pollution derived from vehicles idling at railway crossings;

“(C) minimizing, capturing, or treating stormwater runoff and addressing other adverse impacts to water quality; and

“(D) wildlife habitat loss; and

“(8) to decrease any adverse impact of freight transportation on communities located near freight facilities or freight corridors.”

“(3) Additional mileage—Notwithstanding paragraph (2), a State that has designated at least 90 percent of its maximum mileage described in paragraph (2) may designate up to an additional 150 miles of critical rural freight corridors.”

“(5) Additional mileage—Notwithstanding paragraph (4), a State that has designated at least 90 percent of its maximum mileage described in paragraph (4) may designate up to an additional 75 miles of critical urban freight corridors under paragraphs (1) and (2).”

“(4) Freight planning—Notwithstanding any other provision of law, a State may not obligate funds apportioned to the State under section 104(b)(5) unless the State has developed, updated, or amended, as applicable, a freight plan in accordance with section 70202 of title 49.”

“(B) Limitation—The Federal share of a project described in subparagraph (C)(xxiii) shall fund only elements of such project that provide public benefits.”

“(xxiii) Freight intermodal or freight rail projects, including—

“(I) projects within the boundaries of public or private freight rail or water facilities (including ports);

“(II) projects that provide surface transportation infrastructure necessary to facilitate direct intermodal interchange, transfer, and access into or out of the facility; and

“(III) any other surface transportation project to improve the flow of freight into or out of a facility described in subclause (I) or (II).”

“211. Safe routes to school program

“(a) Program—The Secretary shall carry out a safe routes to school program for the benefit of children in primary, middle, and high schools.

“(b) Purposes—The purposes of the program shall be—

“(1) to enable and encourage children, including those with disabilities, to walk and bicycle to school;

“(2) to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and

“(3) to facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools.

“(c) Use of funds—Amounts apportioned to a State under paragraphs (2) and (3) of section 104(b) may be used to carry out projects, programs, and other activities under this section.

“(d) Eligible entities—Projects, programs, and activities funded under this section may be carried out by eligible entities described under section 133(h)(4)(B) that demonstrate an ability to meet the requirements of this section.

“(e) Eligible projects and activities

“(1) Infrastructure-related projects

“(A) In general—A State may obligate funds under this section for the planning, design, and construction of infrastructure-related projects that will substantially improve the ability of students to walk and bicycle to school, including sidewalk improvements, traffic calming and speed reduction improvements, pedestrian and bicycle crossing improvements, on-street bicycle facilities, off-street bicycle and pedestrian facilities, secure bicycle parking facilities, and traffic diversion improvements in the vicinity of schools.

“(B) Location of projects—Infrastructure-related projects under subparagraph (A) may be carried out on any public road or any bicycle or pedestrian pathway or trail in the vicinity of schools.

“(2) Noninfrastructure-related activities—In addition to projects described in paragraph (1), a State may obligate funds under this section for noninfrastructure-related activities to encourage walking and bicycling to school, including—

“(A) public awareness campaigns and outreach to press and community leaders;

“(B) traffic education and enforcement in the vicinity of schools;

“(C) student sessions on bicycle and pedestrian safety, health, and environment;

“(D) programs that address personal safety; and

“(E) funding for training, volunteers, and managers of safe routes to school programs.

“(3) Safe routes to school coordinator—Each State receiving an apportionment under paragraphs (2) and (3) of section 104(b) shall use a sufficient amount of the apportionment to fund a full-time position of coordinator of the State’s safe routes to school program.

changed “(4) Rural school district outreach—A coordinator described in paragraph (3) shall conduct outreach to ensure that rural school districts in the State are aware of such State’s safe routes to school program and the any funds authorized by this section.

“(f) Federal share—The Federal share of the cost of a project, program, or activity under this section shall be 100 percent.

“(g) Clearinghouse

“(1) In general—The Secretary shall maintain a national safe routes to school clearinghouse to—

“(A) develop information and educational programs on safe routes to school; and

“(B) provide technical assistance and disseminate techniques and strategies used for successful safe routes to school programs.

“(2) Funding—The Secretary shall carry out this subsection using amounts authorized to be appropriated for administrative expenses under section 104(a).

“(h) Treatment of projects—Notwithstanding any other provision of law, projects carried out under this section shall be treated as projects on a Federal-aid highway under chapter 1 of this title.

“(i) Definitions—In this section, the following definitions apply:

“(1) In the vicinity of schools—The term in the vicinity of schools means, with respect to a school, the area within bicycling and walking distance of the school (approximately 2 miles).

“(2) Primary, middle, and high schools—The term primary, middle, and high schools means schools providing education from kindergarten through twelfth grade.”

“117. Projects of national and regional significance

“(a) Establishment—The Secretary shall establish a projects of national and regional significance program under which the Secretary may make grants to, and establish multiyear grant agreements with, eligible entities in accordance with this section.

“(b) Applications—To be eligible for a grant under this section, an eligible entity shall submit to the Secretary an application in such form, in such manner, and containing such information as the Secretary may require.

“(c) Grant amounts and project costs

“(1) In general—Each grant made under this section—

“(A) shall be in an amount that is at least $25,000,000; and

“(B) shall be for a project that has eligible project costs that are reasonably anticipated to equal or exceed the lesser of—

“(i) $100,000,000; or

“(ii) in the case of a project—

“(I) located in 1 State or territory, 30 percent of the amount apportioned under this chapter to the State or territory in the most recently completed fiscal year; or

“(II) located in more than 1 State or territory, 50 percent of the amount apportioned under this chapter to the participating State or territory with the largest apportionment under this chapter in the most recently completed fiscal year.

“(2) Large projects—For a project that has eligible project costs that are reasonably anticipated to equal or exceed $500,000,000, a grant made under this section—

“(A) shall be in an amount sufficient to fully fund the project, or in the case of a public transportation project, a minimum operable segment, in combination with other funding sources, including non-Federal financial commitment, identified in the application; and

“(B) may be awarded pursuant to the process under subsection (d), as necessary based on the amount of the grant.

“(d) Multiyear grant agreements for large projects

“(1) In general—A large project that receives a grant under this section may be carried out through a multiyear grant agreement in accordance with this subsection.

“(2) Requirements—A multiyear grant agreement for a large project shall—

“(A) establish the terms of participation by the Federal Government in the project;

“(B) establish the amount of Federal financial assistance for the project;

“(C) establish a schedule of anticipated Federal obligations for the project that provides for obligation of the full grant amount by not later than 4 fiscal years after the fiscal year in which the initial amount is provided; and

“(D) determine the period of time for completing the project, even if such period extends beyond the period of an authorization.

“(3) Special rules

“(A) In general—A multiyear grant agreement under this subsection—

“(i) shall obligate an amount of available budget authority specified in law; and

“(ii) may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law.

“(B) Contingent commitment—A contingent commitment under this subsection is not an obligation of the Federal Government under section 1501 of title 31.

“(C) Interest and other financing costs

“(i) In general—Interest and other financing costs of carrying out a part of the project within a reasonable time shall be considered a cost of carrying out the project under a multiyear grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing.

“(ii) Certification—The applicant shall certify to the Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms.

“(4) Advance payment—An eligible entity carrying out a large project under a multiyear grant agreement—

“(A) may use funds made available to the eligible entity under this title or title 49 for eligible project costs of the large project; and

“(B) shall be reimbursed, at the option of the eligible entity, for such expenditures from the amount made available under the multiyear grant agreement for the project in that fiscal year or a subsequent fiscal year.

“(e) Eligible projects

“(1) In general—The Secretary may make a grant under this section only for a project that is a project eligible for assistance under this title or chapter 53 of title 49 and is—

“(A) a bridge project carried out on the National Highway System, or that is eligible to be carried out under section 165;

“(B) a project to improve person throughput that is—

“(i) a highway project carried out on the National Highway System, or that is eligible to be carried out under section 165;

“(ii) a public transportation project; or

“(iii) a capital project, as such term is defined in section 22906 of title 49, to improve intercity rail passenger transportation; or

“(C) a project to improve freight throughput that is—

“(i) a highway freight project carried out on the National Highway Freight Network established under section 167 or on the National Highway System;

“(ii) a freight intermodal, freight rail, or railway-highway grade crossing or grade separation project; or

“(iii) within the boundaries of a public or private freight rail, water (including ports), or intermodal facility and that is a surface transportation infrastructure project necessary to facilitate direct intermodal interchange, transfer, or access into or out of the facility.

“(2) Limitation

“(A) Certain freight projects—Projects described in clauses (ii) and (iii) of paragraph (1)(C) may receive a grant under this section only if—

“(i) the project will make a significant improvement to the movement of freight on the National Highway System; and

“(ii) the Federal share of the project funds only elements of the project that provide public benefits.

“(B) Certain projects for person throughput—Projects described in clauses (ii) and (iii) of paragraph (1)(B) may receive a grant under this section only if the project will make a significant improvement in mobility on public roads.

“(f) Eligible project costs—An eligible entity receiving a grant under this section may use such grant for—

“(1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and

“(2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements directly related to improving system performance.

“(g) Project requirements—The Secretary may select a project described under this section for funding under this section only if the Secretary determines that the project—

“(1) generates significant regional or national economic, mobility, safety, resilience, or environmental benefits;

“(2) is cost effective;

“(3) is based on the results of preliminary engineering;

“(4) has secured or will secure acceptable levels of non-Federal financial commitments, including—

changed “(A) 1 one or more stable and dependable sources of funding and financing to construct, maintain, and operate the project; and

“(B) contingency amounts to cover unanticipated cost increases;

“(5) cannot be easily and efficiently completed without additional Federal funding or financial assistance available to the project sponsor, beyond existing Federal apportionments; and

“(6) is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project.

“(h) Merit criteria and considerations

“(1) Merit criteria—In awarding a grant under this section, the Secretary shall evaluate the following merit criteria:

“(A) The extent to which the project supports achieving a state of good repair.

“(B) The level of benefits the project is expected to generate, including—

“(i) the costs avoided by the prevention of closure or reduced use of the asset to be improved by the project;

“(ii) reductions in maintenance costs over the life of the asset;

“(iii) safety benefits, including the reduction of accidents and related costs;

“(iv) improved person or freight throughput, including congestion reduction and reliability improvements;

“(v) national and regional economic benefits;

“(vi) resilience benefits;

“(vii) environmental benefits, including reduction in greenhouse gas emissions and air quality benefits; and

“(viii) benefits to all users of the project, including pedestrian, bicycle, nonvehicular, railroad, and public transportation users.

“(C) How the benefits compare to the costs of the project.

“(D) The average number of people or volume of freight, as applicable, supported by the project, including visitors based on travel and tourism.

“(2) Additional considerations—In awarding a grant under this section, the Secretary shall also consider the following:

“(A) Whether the project serves low-income residents of low-income communities, including areas of persistent poverty, while not displacing such residents.

“(B) Whether the project uses innovative technologies, innovative design and construction techniques, or pavement materials that demonstrate reductions in greenhouse gas emissions through sequestration or innovative manufacturing processes and, if so, the degree to which such technologies, techniques, or materials are used.

“(C) Whether the project improves connectivity between modes of transportation moving people or goods in the Nation or region.

changed “(D) Whether the project provides new or improved connections between at least 2 two metropolitan areas with a population of at least 500,000.

added “(E) Whether the project would replace, reconstruct, or rehabilitate a high-commuter corridor (as such term is defined in section 203(a)(6)) that is in poor condition.

“(i) Project selection

“(1) Evaluation—To evaluate applications for funding under this section, the Secretary shall—

“(A) determine whether a project is eligible for a grant under this section;

“(B) evaluate, through a methodology that is discernible and transparent to the public, how each application addresses the merit criteria pursuant to subsection (h);

“(C) assign a quality rating for each merit criteria for each application based on the evaluation in subparagraph (B);

“(D) ensure that applications receive final consideration by the Secretary to receive an award under this section only on the basis of such quality ratings and that the Secretary gives final consideration only to applications that meet the minimally acceptable level for each of the merit criteria; and

“(E) award grants only to projects rated highly under the evaluation and rating process.

“(2) Considerations for large projects—In awarding a grant for a large project, the Secretary shall—

“(A) consider the amount of funds available in future fiscal years for the program under this section; and

“(B) assume the availability of funds in future fiscal years for the program that extend beyond the period of authorization based on the amount made available for the program in the last fiscal year of the period of authorization.

“(3) Geographic distribution—In awarding grants under this section, the Secretary shall ensure geographic diversity and a balance between rural and urban communities among grant recipients over fiscal years 2022 through 2025.

“(4) Publication of methodology

“(A) In general—Prior to the issuance of any notice of funding opportunity for grants under this section, the Secretary shall publish and make publicly available on the Department’s website—

“(i) a detailed explanation of the merit criteria developed under subsection (h);

“(ii) a description of the evaluation process under this subsection; and

“(iii) how the Secretary shall determine whether a project satisfies each of the requirements under subsection (g).

“(B) Updates—The Secretary shall update and make publicly available on the website of the Department of Transportation such information at any time a revision to the information described in subparagraph (A) is made.

“(C) Information required—The Secretary shall include in the published notice of funding opportunity for a grant under this section detailed information on the rating methodology and merit criteria to be used to evaluate applications, or a reference to the information on the website of the Department of Transportation, as required by subparagraph (A).

“(j) Federal share

“(1) In general—The Federal share of the cost of a project carried out with a grant under this section may not exceed 60 percent.

“(2) Maximum Federal involvement—Federal assistance other than a grant under this section may be used to satisfy the non-Federal share of the cost of a project for which such a grant is made, except that the total Federal assistance provided for a project receiving a grant under this section may not exceed 80 percent of the total project cost.

“(k) Treatment of projects

“(1) Federal requirements—The Secretary shall, with respect to a project funded by a grant under this section, apply—

“(A) the requirements of this title to a highway project;

“(B) the requirements of chapter 53 of title 49 to a public transportation project; and

“(C) the requirements of section 22905 of title 49 to a passenger rail or freight rail project.

“(2) Multimodal projects

“(A) In general—Except as otherwise provided in this paragraph, if an eligible project is a multimodal project, the Secretary shall—

“(i) determine the predominant modal component of the project; and

“(ii) apply the applicable requirements of such predominant modal component to the project.

“(B) Exceptions

“(i) Passenger or freight rail component—For any passenger or freight rail component of a project, the requirements of section 22907(j)(2) of title 49 shall apply.

“(ii) Public transportation component—For any public transportation component of a project, the requirements of section 5333 of title 49 shall apply.

“(C) Buy America—In applying the Buy American requirements under section 313 of this title and sections 5320, 22905(a), and 24305(f) of title 49 to a multimodal project under this paragraph, the Secretary shall—

“(i) consider the various modal components of the project; and

“(ii) seek to maximize domestic jobs.

“(3) Federal-aid highway requirements—Notwithstanding any other provision of this subsection, the Secretary shall require recipients of grants under this section to comply with subsection (a) of section 113 with respect to public transportation projects, passenger rail projects, and freight rail projects, in the same manner that recipients of grants are required to comply with such subsection for construction work performed on highway projects on Federal-aid highways.

“(l) TIFIA program—At the request of an eligible entity under this section, the Secretary may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide the entity Federal credit assistance under chapter 6 with respect to the project for which the grant was awarded.

“(m) Administration—Of the amounts made available to carry out this section, the Secretary may use up to $5,000,000 for the costs of administering the program under this section.

“(n) Technical assistance—Of the amounts made available to carry out this section, the Secretary may reserve up to $5,000,000 to provide technical assistance to eligible entities.

“(o) Congressional Review

“(1) Notification—Not less than 60 days before making an award under this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Commerce, Science, and Transportation of the Senate—

“(A) a list of all applications determined to be eligible for a grant by the Secretary;

“(B) the quality ratings assigned to each application pursuant to subsection (i);

“(C) a list of applications that received final consideration by the Secretary to receive an award under this section;

“(D) each application proposed to be selected for a grant award;

“(E) proposed grant amounts, including for each new multiyear grant agreement, the proposed payout schedule for the project; and

“(F) an analysis of the impacts of any large projects proposed to be selected on existing commitments and anticipated funding levels for the next 4 fiscal years, based on information available to the Secretary at the time of the report.

“(2) Committee review—Before the last day of the 60-day period described in paragraph (1), each Committee described in paragraph (1) shall review the Secretary’s list of proposed projects.

“(3) Congressional disapproval—The Secretary may not make a grant or any other obligation or commitment to fund a project under this section if a joint resolution is enacted disapproving funding for the project before the last day of the 60-day period described in paragraph (1).

“(p) Transparency

“(1) In general—Not later than 30 days after awarding a grant for a project under this section, the Secretary shall send to all applicants, and publish on the website of the Department of Transportation—

“(A) a summary of each application made to the program for the grant application period; and

“(B) the evaluation and justification for the project selection, including ratings assigned to all applications and a list of applications that received final consideration by the Secretary to receive an award under this section, for the grant application period.

“(2) Briefing—The Secretary shall provide, at the request of a grant applicant under this section, the opportunity to receive a briefing to explain any reasons the grant applicant was not awarded a grant.

“(q) Definitions—In this section:

“(1) Areas of persistent poverty—The term areas of persistent poverty has the meaning given such term in section 172(l).

“(2) Eligible entity—The term eligible entity means—

“(A) a State or a group of States;

“(B) a unit of local government, including a metropolitan planning organization, or a group of local governments;

“(C) a political subdivision of a State or local government;

“(D) a special purpose district or public authority with a transportation function, including a port authority;

“(E) a Tribal government or a consortium of Tribal governments;

added “(F) a Federal agency eligible to receive funds under section 201, 203, or 204, including the Army Corps of Engineers, Bureau of Reclamation, and the Bureau of Land Management, that applies jointly with a State or group of States;

removed “(F) a Federal agency eligible to receive funds under section 201, 203, or 204 that applies jointly with a State or group of States;

“(G) a territory; and

“(H) a multistate or multijurisdictional group of entities described in this paragraph.”

“(3) summarizes best practices and provides guidance, developed through consultation with the Secretary of Energy, for project development of electric vehicle charging infrastructure, hydrogen fueling infrastructure, and natural gas fueling infrastructure at the State, tribal, and local level to allow for the predictable deployment of such infrastructure; and

“(4) summarizes the progress and implementation of the grant program under subsection (f), including—

“(A) a description of how funds awarded through the grant program under subsection (f) will aid efforts to achieve strategic deployment of electric vehicle charging infrastructure, natural gas fueling, propane fueling, and hydrogen fueling infrastructure in those corridors;

“(B) the total number and location of charging and fueling stations installed under subsection (f); and

“(C) the total estimated greenhouse gas emissions that have been reduced through the use of electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure funded under subsection (f) using the methodology identified in paragraph (3)(B).”

“(f) Electric vehicle charging, natural gas fueling, propane fueling, and hydrogen fueling infrastructure grants

“(1) Establishment—Not later than 1 year after the date of enactment of the INVEST in America Act, the Secretary shall establish a grant program to award grants to eligible entities for electric vehicle charging, natural gas fueling, propane fueling, and hydrogen fueling infrastructure projects.

“(2) Eligible entity—An entity eligible to receive a grant under this subsection is—

“(A) a State (as such term is defined in section 401) or political subdivision of a State;

“(B) a metropolitan planning organization;

“(C) a unit of local government;

“(D) a special purpose district or public authority with a transportation function, including a port authority;

“(E) a Tribal government;

changed “(F) an authority, agency, or instrumentality of, or an entity owned by, 1 one or more of the entities described in subparagraphs (A) through (E); or

“(G) a group of entities described in subparagraphs (A) through (F).

“(3) Application—To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall require, including—

“(A) a description of—

“(i) the public accessibility of the charging or fueling infrastructure proposed to be funded with a grant under this subsection, including—

“(I) charging or fueling connector types;

“(II) publicly available information on real-time availability; and

“(III) payment methods available to all members of the public to ensure secure, convenient, fair, and equal access and not limited by membership to a particular provider;

changed “(ii) collaborative engagement with the entity with jurisdiction over the roadway and any other relevant stakeholders (including automobile manufacturers, utilities, infrastructure providers, technology providers, electric charging, natural gas, propane, and hydrogen fuel providers, metropolitan planning organizations, States, Indian Tribes, units of local government, fleet owners, fleet managers, fuel station owners and operators, labor organizations, environmental and environmental justice organizations, infrastructure construction and component parts suppliers, and multistate and regional entities)—

“(I) to foster enhanced, coordinated, public-private or private investment in electric vehicle charging, natural gas fueling, propane fueling, and hydrogen fueling infrastructure;

“(II) to expand deployment of electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure;

“(III) to protect personal privacy and ensure cybersecurity; and

“(IV) to ensure that a properly trained workforce is available to construct and install electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure;

“(iii) the location of the station or fueling site, including consideration of—

“(I) the availability of onsite amenities for vehicle operators, including restrooms or food facilities;

“(II) access in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);

“(III) height and fueling capacity requirements for facilities that charge or refuel large vehicles, including semitrailer trucks; and

“(IV) appropriate distribution to avoid redundancy and fill charging or fueling gaps;

“(iv) infrastructure installation that can be responsive to technology advancements, including accommodating autonomous vehicles and future charging methods;

“(v) the long-term operation and maintenance of the electric vehicle charging or hydrogen fueling infrastructure to avoid stranded assets and protect the investment of public funds in such infrastructure; and

“(vi) in the case of an applicant that is not a State department of transportation, the degree of coordination with the applicable State department of transportation; and

“(B) an assessment of the estimated greenhouse gas emissions and air pollution from vehicle emissions that will be reduced through the use of electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure, which shall be conducted using one standardized methodology or tool as determined by the Secretary.

“(4) Considerations—In selecting eligible entities to receive a grant under this subsection, the Secretary shall—

“(A) consider the extent to which the application of the eligible entity would—

“(i) reduce estimated greenhouse gas emissions and air pollution from vehicle emissions, weighted by the total Federal investment in the project;

“(ii) improve alternative fueling corridor networks by—

“(I) converting corridor-pending corridors to corridor-ready corridors; or

“(II) in the case of corridor-ready corridors, providing additional capacity—

changed “(aa) to meet excess demand for charging or fueling infrastructure; orinfrastructure;

changed “(bb) to reduce congestion at existing charging or fueling infrastructure in high-traffic locations;locations; or

changed “(iii) meet current or anticipated market demands for “(cc) to provide charging or fueling infrastructure;stations that support charging needs for current and future vehicles and minimize future upgrade costs;

added “(iii) meet current or anticipated market demands for charging or fueling infrastructure, including faster charging speeds;

“(iv) enable or accelerate the construction of charging or fueling infrastructure that would be unlikely to be completed without Federal assistance;

removed “(v) support a long-term competitive market for electric vehicle charging infrastructure, natural gas fueling, propane fueling, or hydrogen fueling infrastructure that does not significantly impair existing electric vehicle charging or hydrogen fueling infrastructure providers; and

changed “(vi) reducing greenhouse “(v) support a long-term competitive market for electric vehicle charging infrastructure, natural gas emissions in established goods-movement corridors, locations serving first- and last-mile freight near ports and freight hubs, and locations fueling, propane fueling, or hydrogen fueling infrastructure that optimize does not significantly impair existing electric vehicle charging or hydrogen fueling infrastructure networks and reduce hazardous air pollutants in communities disproportionately impacted by such pollutants; andproviders;

added “(vi) reduce greenhouse gas emissions in established goods-movement corridors, locations serving first- and last-mile freight near ports and freight hubs, and locations that optimize infrastructure networks and reduce hazardous air pollutants in communities disproportionately impacted by such pollutants;

added “(vii) plans for the use of renewable energy sources or zero emissions energy sources for the charging or fueling infrastructure; and

added “(viii) provide publicly available electric vehicle charging placement and construction in communities in which climate change, pollution, or environmental destruction have exacerbated systemic racial, regional, social, environmental, and economic injustices by disproportionately affecting indigenous peoples, communities of color, migrant communities, deindustrialized communities, depopulated rural communities, the poor low income workers, women, the elderly, the unhoused, individuals with disabilities, or youth; and

“(B) ensure, to the maximum extent practicable, geographic diversity among grant recipients to ensure that electric vehicle charging infrastructure or hydrogen fueling infrastructure is available throughout the United States.

“(5) Use of funds

“(A) In general—Any grant made under this subsection shall be—

“(i) directly related to the charging or fueling of a vehicle; and

“(ii) only for charging or fueling infrastructure that is open to the general public.

“(B) Location of infrastructure

“(i) In general—Any electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure acquired and installed with a grant under this subsection shall be located along an alternative fuel corridor designated under this section or by a State or group of States.

“(ii) Exception—Notwithstanding clause (i), the Secretary may make a grant for electric vehicle charging or hydrogen fueling infrastructure not on a designated alternative fuel corridor if the applicant demonstrates that the proposed charging or fueling infrastructure would expand deployment of electric vehicle charging or hydrogen fueling to a greater number of users than investments on such corridor.

“(C) Operating assistance

“(i) In general—Subject to clauses (ii) and (iii), an eligible entity that receives a grant under this subsection may use a portion of the funds for operating assistance for the first 5 years of operations after the installation of electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure while the facility transitions to independent system operations.

“(ii) Inclusion—Operating assistance under this subparagraph shall be limited to costs allocable to operating and maintaining the electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure and service.

“(iii) Limitation—Operating assistance under this subparagraph may not exceed the amount of a contract under subparagraph (A) to acquire and install electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure.

“(D) Signs

“(i) In general—Subject to this paragraph and paragraph (6)(B), an eligible entity that receives a grant under this subsection may use a portion of the funds to acquire and install—

“(I) traffic control devices located in the right-of-way to provide directional information to electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure acquired, installed, or operated with the grant under this subsection; and

“(II) on-premises signs to provide information about electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure acquired, installed, or operated with a grant under this subsection.

“(ii) Requirement—Any traffic control device or on-premises sign acquired, installed, or operated with a grant under this subsection shall comply with the Manual on Uniform Traffic Control Devices, if located in the highway right-of-way.

“(E) Revenue—An eligible entity receiving a grant under this subsection and a private entity referred to in subparagraph (F) may enter into a cost-sharing agreement under which the private entity submits to the eligible entity a portion of the revenue from the electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure.

“(F) Private entity

“(i) In general—An eligible entity receiving a grant under this subsection may use the funds in accordance with this paragraph to contract with a private entity for installation, operation, or maintenance of electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure.

“(ii) Inclusion—An eligible private entity includes privately, publicly, or cooperatively owned utilities, private electric vehicle service equipment and hydrogen fueling infrastructure providers, and retail fuel stations.

“(6) Project requirements

“(A) In general—Notwithstanding any other provision of law, any project funded by a grant under this subsection shall be treated as a project on a Federal-aid highway.

“(B) Electric vehicle charging projects—A project for electric vehicle charging infrastructure funded by a grant under this subsection shall be subject to the requirements of section 155.

“(7) Federal share—The Federal share of the cost of a project carried out with a grant under this subsection shall not exceed 80 percent of the total project cost.

added “(8) Study by the National Academies

added “(A) In general—The Secretary shall seek to enter into an agreement with the National Academies for the Transportation Research Board of the National Academy of Sciences shall—

added “(i) conduct a study on options for financing the placement of a national network of publicly available EV charging infrastructure along all eligible roads on the National Highway System that includes consideration of financial instruments and optimization of public-private partnerships; and

added “(ii) conduct a study to determine the maximum distance allowable between publicly available EV charging infrastructure, such that—

added “(I) a driver starting at any point along an eligible road on the National Highway System within the continental United States can drive to any other point along an eligible road on the National Highway System without running out of a charging power; and

added “(II) a driver starting at any point along an eligible road on the National Highway System within Hawaii, Alaska, or Puerto Rico can drive to any other point along an eligible road on the National Highway System within that same state or territory without running out of charging power.

added “(B) Submission to Congress—Not later than 2 years after the date of enactment of this subsection, the Secretary shall submit to Congress the results of the studies commissioned under subparagraph (A).”

removed “(8) Certification—The Secretary of Commerce shall certify that no projects carried out under this subsection use minerals sourced or processed with child labor, as such term is defined in Article 3 of the International Labor Organization Convention concerning the prohibition and immediate action for the elimination of the worst forms of child labor (December 2, 2000), or in violation of human rights.”

“172. Community climate innovation grants

“(a) Establishment—The Secretary shall establish a community climate innovation grant program (in this section referred to as the “Program”) to make grants, on a competitive basis, for locally selected projects that reduce greenhouse gas emissions while improving the mobility, accessibility, and connectivity of the surface transportation system.

“(b) Purpose—The purpose of the Program shall be to support communities in reducing greenhouse gas emissions from the surface transportation system.

“(c) Eligible applicants—The Secretary may make grants under the Program to the following entities:

“(1) A metropolitan planning organization.

“(2) A unit of local government or a group of local governments, or a county or multi-county special district.

“(3) A subdivision of a local government.

“(4) A transit agency.

“(5) A special purpose district with a transportation function or a port authority.

“(6) A Tribal government or a consortium of tribal governments.

“(7) A territory.

“(8) A multijurisdictional group of entities described in paragraphs (1) through (7).

“(d) Applications—To be eligible for a grant under the Program, an entity specified in subsection (c) shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate.

“(e) Eligible projects—The Secretary may only provide a grant under the Program for a project that is expected to yield a significant reduction in greenhouse gas emissions from the surface transportation system and—

“(1) is a project eligible for assistance under this title or under chapter 53 of title 49 or supports fueling infrastructure for fuels defined under section 9001(5) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101(5)); or

“(2) is a capital project as defined in section 22906 of title 49 to improve intercity passenger rail that will yield a significant reduction in single occupant vehicle trips and improve mobility on public roads.

“(f) Eligible uses—Grant amounts received for a project under the Program may be used for—

“(1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and

“(2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements.

“(g) Project prioritization—In making grants for projects under the Program, the Secretary shall give priority to projects that are expected to yield the most significant reductions in greenhouse gas emissions from the surface transportation system.

“(h) Additional considerations—In making grants for projects under the Program, the Secretary shall consider the extent to which—

“(1) a project maximizes greenhouse gas reductions in a cost-effective manner;

“(2) a project reduces dependence on single-occupant vehicle trips or provides additional transportation options;

“(3) a project improves the connectivity and accessibility of the surface transportation system, particularly to low- and zero-emission forms of transportation, including public transportation, walking, and bicycling;

“(4) an applicant has adequately considered or will adequately consider, including through the opportunity for public comment, the environmental justice and equity impacts of the project;

“(5) a project contributes to geographic diversity among grant recipients, including to achieve a balance between urban, suburban, and rural communities;

“(6) a project serves low-income residents of low-income communities, including areas of persistent poverty, while not displacing such residents;

“(7) a project uses pavement materials that demonstrate reductions in greenhouse gas emissions through sequestration or innovative manufacturing processes;

“(8) a project repurposes neglected or underused infrastructure, including abandoned highways, bridges, railways, trail ways, and adjacent underused spaces, into new hybrid forms of public space that support multiple modes of transportation; and

“(9) a project includes regional multimodal transportation system management and operations elements that will improve the effectiveness of such project and encourage reduction of single occupancy trips by providing the ability of users to plan, use, and pay for multimodal transportation alternatives.

“(i) Funding

“(1) Maximum amount—The maximum amount of a grant under the Program shall be $25,000,000.

“(2) Technical assistance—Of the amounts made available to carry out the Program, the Secretary may use up to 1 percent to provide technical assistance to applicants and potential applicants.

“(j) Treatment of projects

“(1) Federal requirements—The Secretary shall, with respect to a project funded by a grant under this section, apply—

“(A) the requirements of this title to a highway project;

“(B) the requirements of chapter 53 of title 49 to a public transportation project; and

“(C) the requirements of section 22905 of title 49 to a passenger rail or freight rail project.

“(2) Multimodal projects

“(A) In general—Except as otherwise provided in this paragraph, if an eligible project is a multimodal project, the Secretary shall—

“(i) determine the predominant modal component of the project; and

“(ii) apply the applicable requirements of such predominant modal component to the project.

“(B) Exceptions

“(i) Passenger or freight rail component—For any passenger or freight rail component of a project, the requirements of section 22907(j)(2) of title 49 shall apply.

“(ii) Public transportation component—For any public transportation component of a project, the requirements of section 5333 of title 49 shall apply.

“(C) Buy America—In applying the Buy American requirements under section 313 of this title and sections 5320, 22905(a), and 24305(f) of title 49 to a multimodal project under this paragraph, the Secretary shall—

“(i) consider the various modal components of the project; and

“(ii) seek to maximize domestic jobs.

“(3) Federal-aid highway requirements—Notwithstanding any other provision of this subsection, the Secretary shall require recipients of grants under this section to comply with subsection (a) of section 113 with respect to public transportation projects, passenger rail projects, and freight rail projects, in the same manner that recipients of grants are required to comply with such subsection for construction work performed on highway projects on Federal-aid highways.

“(k) Single-Occupancy vehicle highway facilities—None of the funds provided under this section may be used for a project that will result in the construction of new capacity available to single occupant vehicles unless the project consists of a high-occupancy vehicle facility and is consistent with section 166.

“(l) Definition of areas of persistent poverty—In this section, the term areas of persistent poverty means—

“(1) any county that has had 20 percent or more of the population of such county living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates;

“(2) any census tract with a poverty rate of at least 20 percent, as measured by the most recent 5-year data series available from the American Community Survey of the Bureau of the Census for all States and Puerto Rico; or

changed “(3) any other territory or possession of the United States that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990, 2000, and 2010 island areas decennial censuses, or equivalent data, of the Bureau of the Census.”Census.

added “(m) Public comment—Prior to issuing the notice of funding opportunity for funding under this section for fiscal year 2022, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall solicit public comment on the method of determining the significant reduction in greenhouse gas emissions required under subsection (e).

added “(n) Consultation—Prior to making an award under this section in a given fiscal year, the Secretary shall consult with the Administrator of the Environmental Protection Agency to determine which projects are expected to yield a significant reduction in greenhouse gas emissions as required under subsection (e).”

Section 134 of title 23, United States Code, is amended—

“(6) STIP—The term STIP means a statewide transportation improvement program developed by a State under section 135(g).”

“(4) Consideration—In developing the plans and TIPs, metropolitan planning organizations shall consider direct and indirect emissions of greenhouse gases.”

“(D) Considerations

“(i) Equitable and proportional representation—In designating officials or representatives under paragraph (2), the metropolitan planning organization shall consider the equitable and proportional representation of the population of the metropolitan planning area.

“(ii) Savings clause—Nothing in this paragraph shall require a metropolitan planning organization in existence on the date of enactment of this subparagraph to be restructured.

“(iii) Redesignation—Notwithstanding clause (ii), the requirements of this paragraph shall apply to any metropolitan planning organization redesignated under paragraph (6).”

“(4) Coordination between MPOs

changed “(A) In general—If more than 1 one metropolitan planning organization is designated within an urbanized area under subsection (d)(7), the metropolitan planning organizations designated within the area shall ensure, to the maximum extent practicable, the consistency of any data used in the planning process, including information used in forecasting transportation demand.

“(B) Savings clause—Nothing in this paragraph requires metropolitan planning organizations designated within a single urbanized area to jointly develop planning documents, including a unified long-range transportation plan or unified TIP.”

“(E) protect and enhance the environment, promote energy conservation, reduce greenhouse gas emissions, improve the quality of life and public health, and promote consistency between transportation improvements and State and local planned growth and economic development patterns, including housing and land use patterns;”

“(J) facilitate emergency management, response, and evacuation and hazard mitigation;

“(K) improve the level of transportation system access;

“(L) support inclusive zoning policies and land use planning practices that incentivize affordable, elastic, and diverse housing supply, facilitate long-term economic growth by improving the accessibility of housing to jobs, and prevent high housing costs from displacing economically disadvantaged households; and”

“(A) In general—Through the use of a performance-based approach, transportation investment decisions made as a part of the metropolitan transportation planning process shall support the national goals described in section 150(b), the achievement of metropolitan and statewide targets established under section 150(d), the improvement of transportation system access (consistent with section 150(f)), and the general purposes described in section 5301 of title 49.”

“(B) Issues—The consultation shall involve, as appropriate, comparison of transportation plans to other relevant plans, including, if available—

“(i) State conservation plans or maps; and

“(ii) inventories of natural or historic resources.”

“(C) Methods

“(i) In general—In carrying out subparagraph (A), the metropolitan planning organization shall, to the maximum extent practicable—

“(I) hold any public meetings at convenient and accessible locations and times;

“(II) employ visualization techniques to describe plans; and

“(III) make public information available in electronically accessible format and means, such as the internet, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A).

“(ii) Additional methods—In addition to the methods described in clause (i), in carrying out subparagraph (A), the metropolitan planning organization shall, to the maximum extent practicable—

“(I) use virtual public involvement, social media, and other web-based tools to encourage public participation and solicit public feedback; and

“(II) use other methods, as appropriate, to further encourage public participation of historically underrepresented individuals in the transportation planning process.”

“(7) Combating climate change—To reduce carbon dioxide and other greenhouse gas emissions and reduce the climate impacts of the transportation system.”

“(7) Greenhouse gas emissions—The Secretary shall establish, in consultation with the Administrator of the Environmental Protection Agency, measures for States to use to assess—

“(A) carbon dioxide emissions per capita on public roads; and

“(B) any other greenhouse gas emissions per capita on public roads that the Secretary determines to be appropriate.”

“(3) Regressive targets

“(A) In general—A State may not establish a regressive target for the measures described under paragraph (4) or paragraph (7) of subsection (c).

“(B) Regressive target defined—In this paragraph, the term regressive target means a target that fails to demonstrate constant or improved performance for a particular measure.”

“(f) Transportation system access

“(1) In general—The Secretary shall establish measures for States and metropolitan planning organizations to use to assess the level of safe, reliable, and convenient transportation system access to—

“(A) employment; and

“(B) services.

“(2) Considerations—The measures established pursuant to paragraph (1) shall include the ability for States and metropolitan planning organizations to assess—

“(A) the change in the level of transportation system access for various modes of travel, including connection to other modes of transportation, that would result from new transportation investments;

“(B) the level of transportation system access for economically disadvantaged communities, including to affordable housing; and

“(C) the extent to which transportation access is impacted by zoning policies and land use planning practices that effect the affordability, elasticity, and diversity of the housing supply.

“(3) Definition of services—In this subsection, the term services includes healthcare facilities, child care, education and workforce training, food sources, banking and other financial institutions, and other retail shopping establishments.”

“(i) In general—The TIP”

“(ii) Transportation management areas—For metropolitan planning areas that represent an urbanized area designated as a transportation management area under subsection (k), the TIP shall include—

“(I) a discussion of the anticipated effect of the TIP toward achieving the performance targets established in the metropolitan transportation plan, linking investment priorities to such performance targets; and

“(II) a description of how the TIP would improve the overall level of transportation system access, consistent with section 150(f).”

“(i) congestion management”

“(ii) the overall level of transportation system access for various modes of travel within the metropolitan planning area, including the level of access for economically disadvantaged communities, consistent with section 150(f), that is based on a cooperatively developed and implemented metropolitan-wide strategy, assessing both new and existing transportation facilities eligible for funding under this title and chapter 53 of title 49.”

“(iii) the TIP approved under clause (ii) improves the level of transportation system access, consistent with section 150(f).”

“(D) a listing of all metropolitan planning organizations that are establishing performance targets and whether such performance targets established by the metropolitan planning organization are meaningful or regressive (as defined in section 150(d)(3)(B)); and

“(E) the progress of implementing the measure established under section 150(f).”

“(A) a discussion”

“(B) a consideration of how the STIP impacts the overall level of transportation system access, consistent with section 150(f).”

“(6) Transfer for high-commuter corridors

“(A) Request—If the head of a covered agency determines that a high-commuter corridor requires additional investment, based on the criteria described in subparagraph (D), the head of a covered agency, with respect to such corridor, shall submit to the State—

“(i) information on condition of pavements and bridges;

“(ii) an estimate of the amounts needed to bring such corridor into a state of good repair, taking into consideration any planned future investments; and

“(iii) at the discretion of the head of a covered agency, a request that the State transfer to the covered agency, under the authority of section 132 or section 204, or to the Federal Highway Administration, under the authority of section 104, a portion of such amounts necessary to address the condition of the corridor.

“(B) State response—Not later than 45 days after the date of receipt of the request described in subparagraph (A)(iii), the State shall—

“(i) approve the request;

“(ii) deny the request and explain the reasons for such denial; or

“(iii) request any additional information necessary to take action on the request.

“(C) Notification to the Secretary—The head of a covered agency shall provide to the Secretary a copy of any request described under subparagraph (A)(iii) and response described under subparagraph (B).

“(D) Criteria—In making a determination under subparagraph (A), the head of a covered agency, with respect to the corridor, shall consider—

“(i) the condition of roads, bridges, and tunnels; and

“(ii) the average annual daily traffic.

“(E) Definitions—In this paragraph:

changed “(i) Covered agency—The term covered agency means a Federal agency eligible to receive funds under this section or section, section 203, or section 204.204, including the Army Corps of Engineers, Bureau of Reclamation, and the Bureau of Land Management.

changed “(ii) High-commuter corridor—The term high-commuter corridor means a Federal lands highway, bridge, or other transportation facility for which title and maintenance responsibility is vested in the Federal Government that has average annual daily traffic of not less than 20,000 vehicles.”

Section 102 of title 49, United States Code, is amended—

“(D) an Assistant Secretary for Tribal Government Affairs, who shall be appointed by the President; and”

“(1) Establishment—There is established in the Department an Office of Tribal Government Affairs, under the Assistant Secretary for Tribal Government Affairs, to—

“(A) oversee the Tribal transportation self-governance program under section 207 of title 23;

“(B) plan, coordinate, and implement policies and programs serving Indian Tribes and Tribal organizations;

“(C) coordinate Tribal transportation programs and activities in all offices and administrations of the Department;

changed “(D) provide technical assistance to Indian Tribes and Tribal organizations; andorganizations;

changed “(E) be a participant in any negotiated rulemakings relating to, or having an impact on, projects, programs, or funding associated with the tribal transportation program under section 202 of title 23.”23; and

added “(F) ensure that Department programs have in place, implement, and enforce requirements and obligations for regular and meaningful consultation and collaboration with Tribes and Tribal officials under Executive Order No. 13175 and to serve as the primary advisor to the Secretary and other Department components regarding violations of those requirements.”

removed “174. Balance Exchanges for Infrastructure Program

removed “(a) Definitions—In this section:

removed “(1) Administratively allocated—The term administratively allocated means the allocation by the Secretary of budget authority for a project under the TIFIA program that occurs when—

removed “(A) a potential applicant has been invited into the creditworthiness phase for a project under the TIFIA program; or

removed “(B) the project is subject to a master credit agreement (as defined in section 601(a)), in accordance with section 602(b)(2).

removed “(2) Appalachian state—The term Appalachian State means a State that contains 1 or more counties in the Appalachian region (as defined in section 14102(a) of title 40).

removed “(3) Program—The term program means the Balance Exchanges for Infrastructure Program established under subsection (b).

removed “(4) TIFIA carryover balance

removed “(A) In general—The term TIFIA carryover balance means the amounts made available for the TIFIA program for previous fiscal years that are unobligated and have not been administratively allocated.

removed “(B) Inclusion—The term TIFIA carryover balance includes—

removed “(i) the applicable amount of contract authority for the amounts described in subparagraph (A); and

removed “(ii) the equivalent amount of obligation limitation for the fiscal year in which the Secretary makes a transfer under subsection (f)(2).

removed “(5) TIFIA program—The term TIFIA program has the meaning given the term in section 601(a).

removed “(b) Establishment—The Secretary shall establish a program, to be known as the “Balance Exchanges for Infrastructure Program”, in accordance with this section to provide flexibility for the Secretary and States to improve highway infrastructure.

removed “(c) Offer To fund projects or exchange funds

removed “(1) Solicitation—For each fiscal year for which an amount is reserved under subsection (f)(1), the Secretary shall—

removed “(A) not later than December 1 of that fiscal year—

removed “(i) solicit requests from Appalachian States to return amounts under subsection (d)(1)(A); and

removed “(ii) solicit applications from Appalachian States for grants under subsection (e); and

removed “(B) require that, not later than 60 days after the date of the solicitations under subparagraph (A), each Appalachian State that elects to participate in the program shall submit to the Secretary either—

removed “(i) a request that describes the amount that the Appalachian State requests to return under subsection (d)(1)(A); or

removed “(ii) an application for a grant under subsection (e).

removed “(d) Exchange agreements

removed “(1) In general—The Secretary shall enter into an agreement with each Appalachian State that submits a request under subsection (c)(1)(A)(i) under which—

removed “(A) the Appalachian State shall return to the Secretary all, or at the discretion of the Appalachian State, a portion of, the unobligated amounts from the Highway Trust Fund (including the applicable amount of contract authority and an equal amount of special no-year obligation limitation associated with that contract authority) apportioned to the Appalachian State for the Appalachian development highway system under section 14501 of title 40 (but not including any amounts made available by an appropriations Act without an initial authorization); and

removed “(B) the Secretary shall transfer to the Appalachian State, from amounts transferred to the program under subsection (f)(2) for that fiscal year, an amount (including the applicable amount of contract authority and an equal amount of annual obligation limitation) equal to the amount that the Appalachian State returned under subparagraph (A) that shall be used to carry out projects described in paragraph (3).

removed “(2) State limitation—The amount of contract authority returned by an Appalachian State under paragraph (1)(A) may not exceed the amount of the special no-year obligation limitation available to the Appalachian State prior to the return of the special no-year obligation limitation under that paragraph.

removed “(3) Eligible projects

removed “(A) In general—A project eligible to be carried out using funds transferred to an Appalachian State under paragraph (1)(B) is a project described in subsections (b) and (c) of section 133.

removed “(B) Federal share—The Federal share of the cost of a project carried out using funds transferred to an Appalachian State under paragraph (1)(B) shall be up to 100 percent, at the discretion of the Appalachian State.

removed “(C) Application of section 133—Except as otherwise provided in this paragraph, section 133 shall not apply to a project carried out using funds transferred to an Appalachian State under paragraph (1)(B).

removed “(4) Total limitation—For each fiscal year, the total amount exchanged under paragraph (1) shall not exceed the amount available to be transferred to the program under subsection (f).

removed “(5) Amounts exchanged—For each fiscal year, if the total amount requested by all Appalachian States to return under paragraph (1)(A) is greater than the amount described in paragraph (4), the Secretary shall exchange amounts under paragraph (1) based on the proportion that—

removed “(A) the amount requested to be returned for the fiscal year by the Appalachian State; bears to

removed “(B) the amount requested to be returned for the fiscal year by all Appalachian States.

removed “(e) Appalachian development highway system corridor grants

removed “(1) In general—Using amounts returned to the Secretary under subsection (d)(1)(A), the Secretary shall provide grants of contract authority, to remain available until expended, and subject to special no-year obligation limitation, on a competitive basis to Appalachian States for eligible projects described in paragraph (2).

removed “(2) Eligible project—A project eligible to be carried out with a grant under this subsection is a project that is—

removed “(A) eligible under section 14501 of title 40 as of the date of enactment of this section; and

removed “(B) reasonably expected to begin construction by not later than 2 years after the date of obligation of funds provided under this subsection for the project.

removed “(3) Application—To be eligible to receive a grant under this subsection, an Appalachian State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

removed “(4) Federal share—The Federal share of the cost of a project carried out using a grant provided under this subsection shall be up to 100 percent, at the discretion of the Appalachian State.

removed “(5) Limitation—An Appalachian State that enters into an agreement to exchange funds under subsection (d) for any fiscal year shall not be eligible to receive a grant under this subsection.

removed “(f) Transfer from TIFIA program

removed “(1) In general—On October 1 of each fiscal year, the Secretary shall reserve, for the purpose of funding transfers under paragraph (2) until the transfers are completed, the amount of TIFIA carryover balance that exceeds the amount available to carry out the TIFIA program for that fiscal year.

removed “(2) Transfers—For each fiscal year, not later than 60 days after the date on which the Secretary receives the responses to the solicitations under subsection (c)(1), the Secretary shall transfer from the TIFIA program to the program an amount of contract authority and equal amount of obligation limitation that is equal to the lesser of—

removed “(A) the total amount requested by all Appalachian States for the fiscal year under subsection (c)(1)(B)(i);

removed “(B) the total amount requested by all Appalachian States for grants under subsection (c)(1)(B)(ii); and

removed “(C) the amount reserved under paragraph (1).”

added Section 1519 of MAP–21 (Public Law 112–141) is amended—

added “(b) Federal share—The Federal share of the cost of a project or activity carried out under subsection (a) shall be 100 percent.”

removed Section 1519 of MAP–21 (Public Law 112–141) is amended—

removed “(b) Federal share—The Federal share of the cost of a project or activity carried out under subsection (a) shall be 100 percent.”

added Section 140(b) of title 23, United States Code, is amended to read as follows:

added “(b) Workforce training and development

added “(1) In general—The Secretary, in cooperation with the Secretary of Labor and any other department or agency of the Government, State agency, authority, association, institution, Indian Tribal government, corporation (profit or nonprofit), or any other organization or person, is authorized to develop, conduct, and administer surface transportation and technology training, including skill improvement programs, and to develop and fund summer transportation institutes.

added “(2) State responsibilities—A State department of transportation participating in the program under this subsection shall—

added “(A) develop an annual workforce plan that identifies immediate and anticipated workforce gaps and underrepresentation of women and minorities and a detailed plan to fill such gaps and address such underrepresentation;

added “(B) establish an annual workforce development compact with the State workforce development board and appropriate agencies to provide a coordinated approach to workforce training, job placement, and identification of training and skill development program needs, which shall be coordinated to the extent practical with an institution or agency, such as a State workforce development board under section 101 of the Workforce Innovation and Opportunities Act (29 U.S.C. 3111), that has established skills training, recruitment, and placement resources; and

added “(C) demonstrate program outcomes, including—

added “(i) impact on areas with transportation workforce shortages;

added “(ii) diversity of training participants;

added “(iii) number and percentage of participants obtaining certifications or credentials required for specific types of employment;

added “(iv) employment outcome, including job placement and job retention rates and earnings, using performance metrics established in consultation with the Secretary of Labor and consistent with metrics used by programs under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.); and

added “(v) to the extent practical, evidence that the program did not preclude workers that participate in training or registered apprenticeship activities under the program from being referred to, or hired on, projects funded under this chapter.

added “(3) Funding—From administrative funds made available under section 104(a), the Secretary shall deduct such sums as necessary, not to exceed $10,000,000 in each fiscal year, for the administration of this subsection. Such sums shall remain available until expended.

added “(4) Nonapplicability of title 41—Subsections (b) through (d) of section 6101 of title 41 shall not apply to contracts and agreements made under the authority granted to the Secretary under this subsection.

added “(5) Use of surface transportation program and national highway performance program funds—Notwithstanding any other provision of law, not to exceed ½ of 1 percent of funds apportioned to a State under paragraph (1) or (2) of section 104(b) may be available to carry out this subsection upon request of the State transportation department to the Secretary.”

removed Section 140(b) of title 23, United States Code, is amended to read as follows:

removed “(b) Workforce training and development

removed “(1) In general—The Secretary, in cooperation with the Secretary of Labor and any other department or agency of the Government, State agency, authority, association, institution, Indian Tribal government, corporation (profit or nonprofit), or any other organization or person, is authorized to develop, conduct, and administer surface transportation and technology training, including skill improvement programs, and to develop and fund summer transportation institutes.

removed “(2) State responsibilities—A State department of transportation participating in the program under this subsection shall—

removed “(A) develop an annual workforce plan that identifies immediate and anticipated workforce gaps and underrepresentation of women and minorities and a detailed plan to fill such gaps and address such underrepresentation;

removed “(B) establish an annual workforce development compact with the State workforce development board and appropriate agencies to provide a coordinated approach to workforce training, job placement, and identification of training and skill development program needs, which shall be coordinated to the extent practical with an institution or agency, such as a State workforce development board under section 101 of the Workforce Innovation and Opportunities Act (29 U.S.C. 3111), that has established skills training, recruitment, and placement resources; and

removed “(C) demonstrate program outcomes, including—

removed “(i) impact on areas with transportation workforce shortages;

removed “(ii) diversity of training participants;

removed “(iii) number and percentage of participants obtaining certifications or credentials required for specific types of employment;

removed “(iv) employment outcome, including job placement and job retention rates and earnings, using performance metrics established in consultation with the Secretary of Labor and consistent with metrics used by programs under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.); and

removed “(v) to the extent practical, evidence that the program did not preclude workers that participate in training or registered apprenticeship activities under the program from being referred to, or hired on, projects funded under this chapter.

removed “(3) Funding—From administrative funds made available under section 104(a), the Secretary shall deduct such sums as necessary, not to exceed $10,000,000 in each fiscal year, for the administration of this subsection. Such sums shall remain available until expended.

removed “(4) Nonapplicability of title 41—Subsections (b) through (d) of section 6101 of title 41 shall not apply to contracts and agreements made under the authority granted to the Secretary under this subsection.

removed “(5) Use of surface transportation program and national highway performance program funds—Notwithstanding any other provision of law, not to exceed ½ of 1 percent of funds apportioned to a State under paragraph (1) or (2) of section 104(b) may be available to carry out this subsection upon request of the State transportation department to the Secretary.”

changed Section 504(e)(1) 504 of title 23, United States Code, is amended—

changed “(F) tuition and direct educational expenses or other costs of instruction related “(4) Reports—The Secretary shall submit to the work zone safety training Committee on Transportation and certification Infrastructure of employees the House of State Representatives and local transportation agencies the Committee on Commerce, Science, and surface transportation construction workers;”Transportation of the Senate an annual report that includes—

added “(A) a list of all grant recipients under this subsection;

added “(B) an explanation of why each recipient was chosen in accordance with the criteria under paragraph (2);

added “(C) a summary of each recipient’s objective to carry out the purpose described in paragraph (1) and an analysis of progress made toward achieving each such objective;

added “(D) an accounting for the use of Federal funds obligated or expended in carrying out this subsection; and

added “(E) an analysis of outcomes of the program under this subsection.”

removed Section 504 of title 23, United States Code, is amended—

removed “(4) Reports—The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an annual report that includes—

removed “(A) a list of all grant recipients under this subsection;

removed “(B) an explanation of why each recipient was chosen in accordance with the criteria under paragraph (2);

removed “(C) a summary of each recipient’s objective to carry out the purpose described in paragraph (1) and an analysis of progress made toward achieving each such objective;

removed “(D) an accounting for the use of Federal funds obligated or expended in carrying out this subsection; and

removed “(E) an analysis of outcomes of the program under this subsection.”

added Section 118(d) of title 23, United States Code, is amended by striking “and the Commonwealth of Puerto Rico” and inserting “, the Commonwealth of Puerto Rico, and any other territory of the United States”.

removed Section 118(d) of title 23, United States Code, is amended by striking “and the Commonwealth of Puerto Rico” and inserting “, the Commonwealth of Puerto Rico, and any other territory of the United States”.

added The Secretary of Transportation shall issue a final rule implementing the program under section 330 of title 23, United States Code.