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Division A — Federal Surface Transportation Programs for Fiscal Year 2021

H.R. 2 · 116th Congress · Jul 20, 2020 · Lineage

A Federal Surface Transportation Programs for Fiscal Year 2021

100. Short title

This division and division B of this Act may be cited as the “Investing in a New Vision for the Environment and Surface Transportation in America Act” or the “INVEST in America Act”.

101. Extension of Federal surface transportation programs

(a)
Extension of Federal surface transportation programs—
(1)
In general— Except as otherwise provided in this division, the requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under the covered laws, which would otherwise expire on or cease to apply after September 30, 2020, are incorporated by reference and shall continue in effect through September 30, 2021.
(2)
Authorization of appropriations—
(A)
Highway trust fund—
(i)
Highway account—
(I)
In general— Except as provided in subclause (II), there is authorized to be appropriated from the Highway Account for fiscal year 2021, for each program under the covered laws with respect to which amounts are authorized to be appropriated from such account for fiscal year 2020, an amount equal to the amount authorized for appropriation with respect to the program from such account for fiscal year 2020.
(II)
Administrative expenses— Notwithstanding any other provision of this division, there is authorized to be appropriated from the Highway Account for fiscal year 2021—
(aa)
$502,897,049 for administrative expenses of the Federal Highway Administration, as described in section 104(a) of title 23, United States Code; and
(bb)
$30,086,000 for grant administrative expenses of the National Highway Traffic Safety Administration, as described in section 4001(a)(6) of the FAST Act (Public Law 114–94).
(ii)
Mass transit account— There is authorized to be appropriated from the Mass Transit Account for fiscal year 2021, for each program under the covered laws with respect to which amounts are authorized to be appropriated from such account for fiscal year 2020, an amount equal to the amount authorized for appropriation with respect to the program from such account for fiscal year 2020.
(B)
General fund—
(i)
In general— Except as provided in clause (ii), there is authorized to be appropriated for fiscal year 2021, for each program with respect to which amounts are authorized to be appropriated for fiscal year 2020 from an account other than the Highway Account or the Mass Transit Account under the titles described in subsection (b)(1), an amount not less than the amount authorized for appropriation with respect to the program under such titles for fiscal year 2020.
(ii)
Administrative expenses— Notwithstanding any other provision of this division, there is authorized to be appropriated from the general fund of the Treasury for fiscal year 2021 $140,016,543 for administrative expenses of the Federal Transit Administration.
(3)
Use of funds— Except as otherwise provided in this division, amounts authorized to be appropriated for fiscal year 2021 with respect to a program under paragraph (2) shall be distributed, administered, limited, and made available for obligation in the same manner as amounts authorized to be appropriated with respect to the program for fiscal year 2020 under the covered laws.
(4)
Obligation limitation—
(A)
In general— Except as provided in subparagraph (B), a program for which amounts are authorized to be appropriated under paragraph (2)(A) shall be subject to a limitation on obligations for fiscal year 2021 in the same amount and in the same manner as the limitation applicable with respect to the program for fiscal year 2020 under the Department of Transportation Appropriations Act, 2020 (Public Law 116–94), as in effect on December 20, 2019.
(B)
Federal-aid highway and highway safety construction programs—
(i)
In general— Notwithstanding any other provision of this division, section 1102 of the FAST Act (Public Law 114–94), or the Department of Transportation Appropriations Act, 2020 (Public Law 116–94), for fiscal year 2021, the obligations for Federal-aid highway and highway safety construction programs shall not exceed $46,387,191,360.
(ii)
Limitation on Federal Highway Administration administrative expenses— Notwithstanding any other provision of this division, of the amount described in clause (i), for fiscal year 2021 an amount not to exceed $478,897,049, together with advances and reimbursements received by the Federal Highway Administration, shall be obligated for necessary expenses for administration and operation of the Federal Highway Administration.
(b)
Definitions— In this section, the term covered laws means the following:
(1)
Titles I, III, IV, V, and VI of division A of the FAST Act (Public Law 114–94).
(2)
Division A, division B, subtitle A of title I and title II of division C, and division E of MAP–21 (Public Law 112–141).
(3)
Titles I, II, and III of the SAFETEA–LU Technical Corrections Act of 2008 (Public Law 110–244).
(4)
Titles I, II, III, IV, V, and VI of SAFETEA–LU (Public Law 109–59).
(5)
Titles I, II, III, IV, and V of the Transportation Equity Act for the 21st Century (Public Law 105–178).
(6)
Titles II, III, and IV of the National Highway System Designation Act of 1995 (Public Law 104–59).
(7)
Title I, part A of title II, title III, title IV, title V, and title VI of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240).
(8)
Title 23, United States Code.
(9)
Sections 116, 117, 330, and 5505 and chapters 53, 139, 303, 311, 313, 701, and 702 of title 49, United States Code.

102. Federal Highway Administration

(a)
Additional amounts—
(1)
Authorization of appropriations—
(A)
In general— In addition to amounts authorized under section 101, there is authorized to be appropriated from the Highway Account for fiscal year 2021, for activities under this section, $14,742,808,640.
(B)
Contract authority— Amounts authorized to be appropriated under subparagraph (A) shall be available for obligation as if apportioned under chapter 1 of title 23, United States Code.
(2)
Obligation ceiling—
(A)
In general— Notwithstanding any other provision of law, for fiscal year 2021, obligations for activities authorized under paragraph (1) shall not exceed $14,742,808,640.
(B)
Distribution of obligation authority—
(i)
In general— Of the obligation authority provided under subparagraph (A), the Secretary shall make available to States, Tribes, Puerto Rico, the territories, and Federal land management agencies, during the period of fiscal year 2021, amounts of obligation authority equal to the amounts described in subparagraphs (A) through (E) of paragraph (3), respectively.
(ii)
Further distribution— Each State, each Tribe, Puerto Rico, each territory, and each Federal land management agency receiving funds under subparagraphs (A) through (E) of paragraph (3), respectively, shall receive an amount of obligation authority equal to the funds that it receives under any of such subparagraphs.
(C)
Redistribution of unused obligation authority—
(i)
In general— Notwithstanding subparagraph (B), the Secretary shall, after August 1 of fiscal year 2021—
(I)
revise a distribution of the obligation authority made available under subparagraph (B) if an amount distributed cannot be obligated during that fiscal year; and
(II)
redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of MAP–21 (Public Law 112–141)) and 104 of title 23, United States Code.
(ii)
Administration— The Secretary shall administer a redistribution under clause (i) of obligation authority provided under subparagraph (B) in a similar manner as the standard August redistribution.
(iii)
Use of obligation authority— A State may use obligation authority that it receives pursuant to this subparagraph in the same manner that it uses obligation authority that it receives as part of the standard August redistribution.
(3)
Distribution of funds— Amounts authorized to be appropriated for fiscal year 2021 under paragraph (1) shall be distributed as follows:
(A)
$14,384,629,710 to the States.
(B)
$167,481,814 to Tribes.
(C)
$52,400,251 to Puerto Rico.
(D)
$13,929,181 to the territories.
(E)
$124,367,684 to Federal land management agencies.
(4)
State funds—
(A)
Distribution—
(i)
In general— Amounts made available under paragraph (3)(A) shall be distributed among the States in the same ratio as total State apportionments under section 104(c)(1) of title 23, United States Code, in fiscal year 2020.
(ii)
Suballocation—
(I)
In general— Amounts distributed among the States under clause (i) shall be suballocated within the State to an area described in subclause (II) in the proportion that—
(aa)
the total amount of funds suballocated to such area of the State as described in such subclause for fiscal year 2020; bears to
(bb)
the total amount of funds apportioned to the State for the Federal-aid highway program under section 104 of title 23, United States Code, for fiscal year 2020.
(II)
Areas described— The areas described in this subclause are—
(aa)
urbanized areas of the State with an urbanized area population of over 200,000;
(bb)
areas of the State other than urban areas with a population greater than 5,000; and
(cc)
other areas of the State.
(B)
Treatment— Except as otherwise provided in this paragraph, amounts made available under paragraph (3)(A) shall be administered as if apportioned under chapter 1 of title 23, United States Code.
(C)
Use of funds— Amounts made available under paragraph (3)(A) may be obligated for—
(i)
eligible projects described in section 133(b) of title 23, United States Code, subject to section 133(c) of such title; and
(ii)
administrative expenses, including salaries and benefits, of—
(I)
the State department of transportation;
(II)
a local transportation agency; or
(III)
a metropolitan planning organization.
(5)
Tribal funds—
(A)
Treatment—
(i)
In general— Except as otherwise provided in this paragraph, amounts made available under paragraph (3)(B) shall be administered as if made available under section 202 of title 23, United States Code.
(ii)
Nonapplicability of certain provisions of law— Subsections (a)(6), (c), (d), and (e) of section 202 of title 23, United States Code, shall not apply to amounts made available under paragraph (3)(B).
(B)
Use of funds— Amounts made available under paragraph (3)(B) may be obligated for—
(i)
activities eligible under section 202(a)(1) of title 23, United States Code; and
(ii)
transportation-related administrative expenses, including salaries and benefits, of the Tribe.
(6)
Funds for Puerto Rico and the territories—
(A)
Treatment—
(i)
In general— Except as otherwise provided in this paragraph, amounts made available under paragraphs (3)(C) and (3)(D) shall be administered as if allocated under sections 165(b) and 165(c), respectively, of title 23, United States Code.
(ii)
Nonapplicability of certain provisions of law— Section 165(b)(2) of title 23, United States Code, shall not apply to amounts made available to Puerto Rico under paragraph (3)(C).
(B)
Use of funds—
(i)
Puerto Rico— Amounts made available to Puerto Rico under paragraph (3)(C) may be obligated for—
(I)
activities eligible under chapter 1 of title 23, United States Code; and
(II)
transportation related administrative expenses, including salaries and benefits.
(ii)
Territories— Amounts made available to a territory under paragraph (3)(D) may be obligated for—
(I)
activities eligible under section 165(c)(6) of title 23, United States Code, subject to section 165(c)(7) of such title; and
(II)
transportation-related administrative expenses, including salaries and benefits.
(7)
Federal land management agency funds—
(A)
Distribution— Amounts made available under paragraph (3)(E) shall be distributed among the Federal land management agencies as follows:
(i)
$99,494,147 for the National Park Service.
(ii)
$9,949,415 for the United States Fish and Wildlife Service.
(iii)
$6,301,296 for the United States Forest Service.
(iv)
$8,622,826 to be allocated to the applicable Federal land management agencies as described in section 203(b) of title 23, United States Code.
(B)
Treatment— Amounts made available under paragraph (3)(E) shall be administered as if made available under section 203 of title 23, United States Code.
(8)
Disadvantaged business enterprises— Section 1101(b) of the FAST Act (Public Law 114–94) shall apply to additional amounts made available under paragraph (1).
(b)
Special rules for fiscal year 2021—
(1)
Suballocated amounts—
(A)
Use of funds— Amounts authorized to be appropriated for fiscal year 2021 with respect to a program under section 101(a)(2)(A) that are suballocated pursuant to section 133(d)(1)(A) of title 23, United States Code, may be obligated for—
(i)
eligible projects as described in section 133(b) of title 23, United States Code; or
(ii)
administrative expenses, including salaries and benefits, of—
(I)
a local transportation agency; or
(II)
a metropolitan planning organization.
(B)
Obligation authority—
(i)
In general— A State that is required to obligate in an urbanized area with an urbanized area population of over 200,000 individuals under section 133(d) of title 23, United States Code, funds apportioned to the State under section 104(b)(2) of such title shall make available during the period of fiscal years 2016 through 2021 an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area that is equal to the amount obtained by multiplying—
(I)
the aggregate amount of funds that the State is required to obligate in the area under section 133(d) of title 23, United States Code, during the period; and
(II)
the ratio that—
(aa)
the aggregate amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs during the period; bears to
(bb)
the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to an obligation limitation) during the period.
(ii)
Joint responsibility— Each State, each affected metropolitan planning organization, and the Secretary shall jointly ensure compliance with clause (i).
(2)
Ferry boat program— Amounts authorized to be appropriated for fiscal year 2021 with respect to a program under section 101(a)(2)(A) that are made available for the construction of ferry boats and ferry terminal facilities under section 147 of title 23, United States Code, may be obligated—
(A)
in accordance with sections 129(c) and 147 of title 23, United States Code;
(B)
for administrative expenses, including salaries and benefits, of a ferry boat operator or ferry terminal facility operator eligible for Federal participation under section 129(c) of title 23, United States Code; and
(C)
for operating costs associated with a ferry boat or ferry terminal facility eligible for Federal participation under section 129(c) of title 23, United States Code.
(3)
Nationally significant freight and highway projects— In fiscal year 2021, the program carried out under section 117 of title 23, United States Code, shall, in addition to any otherwise applicable requirements, be subject to the following provisions:
(A)
Multimodal projects— Notwithstanding subsection (d)(2)(A) of such section, the limitation for projects described in such subsection shall be $600,000,000 for fiscal years 2016 through 2021.
(B)
Additional considerations— Notwithstanding subsection (h)(2) of such section, the Secretary shall not consider the utilization of non-Federal contributions.
(C)
Evaluation and rating— To evaluate applications for funding under such section, the Secretary shall—
(i)
determine whether a project is eligible for a grant under such section;
(ii)
evaluate, through a methodology that is discernible and transparent to the public, how each application addresses the merit criteria established by the Secretary;
(iii)
assign a quality rating for each merit criteria for each application based on the evaluation under clause (ii);
(iv)
ensure that applications receive final consideration by the Secretary to receive an award under such 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
(v)
award grants only to projects rated highly under the evaluation and rating process.
(D)
Publication and methodology— In any published notice of funding opportunity for a grant under such section, the Secretary shall include detailed information on the rating methodology and merit criteria to be used to evaluate applications.
(E)
Repeat applications—
(i)
Briefing— The Secretary shall provide to each applicant that applied for, but did not receive, funding under such section in fiscal year 2019 or 2020, at the request of the applicant, the opportunity to receive a briefing to—
(I)
explain any reasons the application was not selected for funding; and
(II)
advise the applicant on how to improve the application for resubmission in fiscal year 2021 under the application criteria described in this paragraph.
(ii)
Supplementary application—
(I)
In general— An applicant for funding under such section may elect to resubmit an application from a previous solicitation with a supplementary appendix that describes how the proposed project meets the requirements of section 117 of title 23, United States Code, and this paragraph.
(II)
Requirements— The Secretary shall ensure that applications submitted under subclause (I), including the supplementary appendix, are evaluated based on such requirements.
(F)
Congressional notification— A notification submitted pursuant to subsection (m) of such section shall include—
(i)
a summary of each application submitted and, at the request of either Committee, a copy of any application submitted;
(ii)
a list of any projects the Secretary determined were not eligible for funding;
(iii)
a description of the specific criteria used for each evaluation, including the quality rating assigned for each eligible application submitted;
(iv)
a list of all projects that advanced to the Secretary for consideration; and
(v)
a detailed justification of the basis for each award proposed to be selected.
(c)
Federal share—
(1)
In general— Except as provided in paragraph (3) and notwithstanding section 120 of title 23, United States Code, or any other provision of this division, the Federal share associated with funds described in paragraph (2) that are obligated during fiscal year 2021 may be up to 100 percent.
(2)
Funds described— The funds described in this paragraph are funds made available for the implementation or execution of Federal-aid highway and highway safety construction programs authorized under title 23 or 49, United States Code, the FAST Act (Public Law 114–94), or this division.
(3)
Exceptions— Paragraph (1) shall not apply to amounts obligated under section 115 or 117 of title 23, United States Code, or chapter 6 of such title.
(d)
Administrative expenses—
(1)
Self-certification and audit—
(A)
In general— Prior to the obligation of funds for administrative expenses pursuant to paragraph (4)(C)(ii), (5)(B)(ii), (6)(B)(i)(II), or (6)(B)(ii)(II) of subsection (a) or paragraphs (1)(A)(ii) and (2)(B) of subsection (b), a State, a Tribe, Puerto Rico, or a territory, as applicable, shall certify to the Secretary that such administrative expenses meet the requirements of such paragraphs, as applicable.
(B)
Audit— The Secretary may conduct an audit to review obligations of funds and liquidation of such obligations for eligible administrative expenses described under subparagraph (A).
(2)
Planning— Notwithstanding any other provision of law, administrative expenses described in paragraph (1)(A) shall not be required to be included in a metropolitan transportation plan, a long-range statewide transportation plan, a transportation improvement program, or a statewide transportation improvement program under sections 134 or 135 of title 23, United States Code, or chapter 53 of title 49, United States Code, as applicable.
(e)
Definitions— In this section, the following definitions apply:
(1)
Standard August redistribution— The term standard August redistribution means the redistribution of obligation authority that the Secretary is directed to administer under—
(A)
section 1102(d) of the FAST Act (Public Law 114–94); or
(B)
any Act making appropriations for the Department of Transportation for fiscal year 2021.
(2)
State— The term State means the 50 States and the District of Columbia.
(3)
Territory— The term territory means any of the following territories of the United States:
(A)
American Samoa.
(B)
The Commonwealth of the Northern Mariana Islands.
(C)
Guam.
(D)
The United States Virgin Islands.
(4)
Urban area; urbanized area— The terms urban area and urbanized area have the meanings given such terms in section 101 of title 23, United States Code.

103. Federal Transit Administration

(a)
Additional amounts—
(1)
Authorization of appropriations from mass transit account—
(A)
In general— In addition to amounts authorized under section 101, there is authorized to be appropriated from the Mass Transit Account for fiscal year 2021, for activities under this section, $5,794,851,538.
(B)
Apportionment— Amounts authorized under subparagraph (A) shall be apportioned in accordance with section 5310, section 5311 (other than subsections (b)(3), (c)(1)(A), and (c)(2) of such section), section 5336 (other than subsection (h)(4) of such section), section 5337, and section 5340 of title 49, United States Code, except that funds apportioned under section 5337 of such title shall be added to funds apportioned under section 5307 of such title for administration under section 5307 of such title.
(C)
Allocation— The Secretary shall allocate the amounts authorized to be appropriated to sections 5307, 5310, 5311, 5337, and 5340 of title 49, United States Code, among such sections in the same ratio as funds are provided in the fiscal year 2020 appropriations.
(D)
Obligation limitation— Notwithstanding any other provision of law, for fiscal year 2021, obligations for activities authorized under this paragraph shall not exceed $5,794,851,538.
(2)
Authorization of appropriations from general fund— In addition to amounts authorized under section 101(a)(1)(B), there is authorized to be appropriated from the general fund of the Treasury—
(A)
$958,000,000 to carry out section 5309 of title 49, United States Code; and
(B)
such sums as may be necessary to be made available as described in subsection (c) and that such sums shall be designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
(3)
Disadvantaged business enterprises— Section 1101(b) of the FAST Act (Public Law 114–94) shall apply to additional amounts made available under this subsection.
(b)
Special rules for fiscal year 2021—
(1)
Use of funds— Notwithstanding 5307(a)(1) of title 49, United States Code, amounts made available under subsection (a)(1)(A) may be obligated for—
(A)
operating expenses, including, beginning on January 20, 2020—
(i)
reimbursement for operating costs to maintain service and offset lost revenue, including the purchase of personal protective equipment; and
(ii)
paying the administrative leave of operations personnel due to reductions in service; and
(B)
any other activity eligible under section 5307, 5310, 5311, or 5337 of title 49, United States Code.
(2)
Conditions— Recipients use of funds under paragraph (1) shall—
(A)
not require that operating expenses described in paragraph (1)(A) be included in a metropolitan transportation plan, long-range statewide transportation plan, a transportation improvement program, or a statewide transportation improvement program;
(B)
meet the requirements of section 5333 of title 49, United States Code; and
(C)
to the maximum extent possible, be directed to payroll and public transit service, unless the recipient certifies to the Secretary that such recipient has not furloughed any employees.
(3)
Oversight—
(A)
Of the amounts made available to carry out this section, the percentages available for oversight in section 5338(f)(1) of title 49, United States Code, shall apply to the allocations of funds in subsection (a)(1)(C).
(B)
Use of funds— Amounts made available under subsection (a)(1)(A) shall be available for administrative expenses and program management oversight as authorized under sections 5334 and 5338(f)(2) of title 49, United States Code.
(4)
Administration of grants— Amounts made available under subsection (a)(1)(A) shall be administered, at the option of the recipient, as grants provided under the CARES Act (Public Law 116–136) are administered.
(c)
CIG COVID–19 emergency relief program—
(1)
In general— From amounts made available under subsection (a)(2)(B) and notwithstanding section 5309(k)(2)(C)(ii), section 5309(a)(7)(B), or section 5309(l)(1)(B)(ii) of title 49, United States Code, at the request of a project sponsor, the Secretary shall use such sums as may be necessary to provide an additional 30 percent of total project costs for any project under—
(A)
5309(d) of title 49, United States Code, that has been approved for advancement into the engineering phase;
(B)
5309(e) of title 49, United States Code, that has entered into the project development phase or approved for advancement into the engineering phase;
(C)
subsection (d) or (e) of section 5309 of title 49, United States Code, that has a full funding grant agreement entered into under either such subsection after January 1, 2017; and
(D)
section 5309(h) of title 49, United States Code, that the Federal Transit Administration has a small starts grant award or agreement entered into after January, 1, 2017, or that has been recommended by the Administration for an allocation of capital investment funds that were appropriated in fiscal year 2018, 2019, or 2020.
(2)
Project eligibility— From amounts made available under subsection (a)(2)(B), the Secretary shall use such sums as may be necessary for projects under section 5309 of title 49, United States Code, that—
(A)
are not eligible for funds made available under paragraph (1); and
(B)
have remaining scheduled Federal funds to be appropriated under a full funding grant agreement under such section.
(3)
Deferred local share— The Secretary shall allow a project sponsor to defer payment of the local share for any project described in paragraphs (1) and (2).
(4)
Total project cost— In this subsection, the term total project cost means the most recent total project cost stipulated in—
(A)
the full funding grant agreement;
(B)
the approval into project engineering;
(C)
the project rating for a project not yet approved into project engineering;
(D)
the small starts grant or grant agreement; or
(E)
the project rating for a small starts project that has not yet been awarded a grant or grant agreement.
(5)
Federal share— The Federal share of the costs of a project under this subsection may not exceed 80 percent.
(6)
Application of law— For purposes of paragraph (1), the Secretary shall apply section 7001(b) of this Act when providing the additional 30 percent of total project costs to any project that meets the criteria in such section.
(d)
Federal share—
(1)
In general— Notwithstanding chapter 53 of title 49, United States Code, or any other provision of this division, the Federal share associated with funds described in paragraph (2) that are obligated during fiscal year 2021 may be up to 100 percent.
(2)
Funds described— The funds described in this paragraph are funds made available for the implementation of transit programs authorized by chapter 53 of title 49, United States Code, the FAST Act (Public Law 114–94), or this division, excluding funds made available to projects under section 5309 of title 49, United States Code.
(e)
Condition for apportionment— No funds authorized in this division or any other Act may be used to adjust Mass Transit Account apportionments or withhold funds from Mass Transit Account apportionments pursuant to section 9503(e)(4) of the Internal Revenue Code of 1986 in fiscal year 2021.

104. National Highway Traffic Safety Administration

(a)
Special funding for fiscal year 2021—
(1)
In general—
(A)
Authorization of appropriations— In addition to amounts authorized under section 101, there is authorized to be appropriated from the Highway Account for fiscal year 2021, for activities under this subsection, $244,514,000.
(B)
Contract authority— Amounts authorized under subparagraph (A) shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code.
(C)
Obligation limitation— Notwithstanding any other provision of law, for fiscal year 2021, obligations for activities authorized under this paragraph and obligations for activities authorized under section 101(a)(2)(A)(i)(II)(bb) that exceed amounts authorized under section 4001(a)(6) of the FAST Act (Public Law 114–94) shall not exceed $247,783,000.
(2)
Distribution of funds— Amounts authorized to be appropriated for fiscal year 2021 under paragraph (1) shall be distributed as follows:
(A)
$105,000,000 for carrying out section 402 of title 23, United States Code.
(B)
$15,312,000 for carrying out section 403 of title 23, United States Code.
(C)
$19,202,000 for carrying out section 404 of title 23, United States Code.
(D)
$105,000,000 for carrying out section 405 of title 23, United States Code.
(b)
Special rules for fiscal year 2021—
(1)
Federal share— Notwithstanding sections 120, 405(b)(2), 405(c)(2), 405(d)(2) and 405(h)(2) of title 23, United States Code, the Federal share of activities for fiscal year 2021 carried out under chapter 4 of title 23, United States Code and section 1906 of SAFETEA–LU (23 U.S.C. 402 note) shall be 100 percent.
(2)
Period of availability— Notwithstanding section 118(b) of title 23, United States Code, funds apportioned or allocated to a State in fiscal years 2017 and 2018 under sections 402 and 405 of title 23, United States Code, and section 1906 of SAFETEA–LU (23 U.S.C. 402 note), shall remain available for obligation in that State for a period of 4 years after the last day of the fiscal year for which the funds are authorized. Notwithstanding any other provision of law, this paragraph shall apply as if such paragraph was enacted on September 30, 2020.
(3)
Maintenance of effort— Notwithstanding section 405(a)(9) of title 23, United States Code, the Secretary may waive the maintenance of effort requirements under such section for fiscal year 2021 for a State, if the Secretary determines appropriate.
(4)
In-vehicle alcohol detection device research— In carrying out subsection (h) of section 403 of title 23, United States Code, the Secretary may obligate from funds made available to carry out such section for fiscal year 2021 not more than $5,312,000 to conduct the research described in paragraph (1) of such subsection.
(5)
Cooperative research and evaluation— Notwithstanding the apportionment formula set forth in section 402(c)(2) of title 23, United States Code, and section 403(f)(1) of title 23, United States Code, $2,500,000 of the total amount available for apportionment to the States for highway safety programs under section 402(c)(2) of title 23, United States Code, for each of fiscal years 2016 through 2021, shall be available for expenditure by the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, for a cooperative research and evaluation program to research and evaluate priority highway safety countermeasures. This paragraph shall apply as if such paragraph was enacted on October 1, 2015.

105. Federal Motor Carrier Safety Administration

(a)
Special funding for fiscal year 2021—
(1)
Authorization of appropriations—
(A)
In general— In addition to amounts authorized under section 101, there is authorized to be appropriated from the Highway Account for fiscal year 2021, for activities under this subsection, $209,900,000.
(B)
Obligation limitation— Notwithstanding any other provision of law, for fiscal year 2021, obligations for activities authorized under this paragraph shall not exceed $209,900,000.
(2)
Distribution of funds— Amounts authorized to be appropriated for fiscal year 2021 under paragraph (1) shall be distributed as follows:
(A)
Subject to section 31104(c) of title 49, United States Code—
(i)
$80,512,000 for carrying out section 31102 (except subsection (l)) of title 49, United States Code);
(ii)
$14,208,000 for carrying out section 31102(l) of title 49, United States Code; and
(iii)
$23,680,000 for carrying out section 31313 of title 49, United States Code.
(B)
$91,500,000 for carrying out section 31110 of title 49, United States Code.
(3)
Treatment of funds— Except as provided in subsection (b), amounts made available under this section shall be made available for obligation and administered as if made available under chapter 311 of title 49, United States Code.
(b)
Special rules for fiscal year 2021—
(1)
Financial assistance agreements Federal share— Notwithstanding chapter 311 of title 49, United States Code, or any regulations adopted pursuant to such chapter, for the duration of fiscal year 2021 with respect to all financial assistance made available under subsection (a) and section 101, the Secretary of Transportation may—
(A)
reimburse recipients under section 31104(b)(2) of title 49, United States Code, in an amount that is 100 percent of the costs described in such section; and
(B)
waive the maintenance of effort requirement under 31102(f) of title 49, United States Code, for all States without requiring States to request a waiver.
(2)
Financial assistance agreements period of availability— Notwithstanding section 31104(f) of title 49, United States Code, the Secretary shall extend the periods of availability described in such section by 1 year.
(3)
Administrative expenses— The Administrator of the Federal Motor Carrier Safety Administration shall ensure that funds made available under subsection (a)(2)(B) are used, to the maximum extent practicable, to support—
(A)
the acceleration of planned investments to modernize the Administration’s information technology and information management systems;
(B)
the completion of outstanding statutory mandates required by MAP–21 (112–141) and the FAST Act (114–94); and
(C)
a Large Truck Crash Causal Factors Study of the Administration.

106. High priority corridors on National Highway System

(a)
Identification—
(1)
Central Texas Corridor— Section 1105(c)(84) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended to read as follows:

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

“(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;

“(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;

“(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;

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

“(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;

“(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

“(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.”

(2)
Central Louisiana Corridor— Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended by adding at the end the following:

“(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.”

(3)
Central Mississippi Corridor— Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991, as amended by this Act, is further amended by adding at the end the following:

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

“(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

“(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.”

(4)
Middle Alabama Corridor— Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991, as amended by this Act, is further amended by adding at the end the following:

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

“(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:

“(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;

“(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;

“(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

“(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.”

(5)
Middle Georgia Corridor— Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991, as amended by this Act, is further amended by adding at the end the following:

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

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

“(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;

“(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

“(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.”

(b)
Inclusion of certain segments on interstate system— Section 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended in the first sentence—
(1)
by inserting “subsection (c)(84),” after “subsection (c)(83),”; and
(2)
by striking “and subsection (c)(90)” and inserting “subsection (c)(90), subsection (c)(91), subsection (c)(92), subsection (c)(93), and subsection (c)(94)”.
(c)
Designation— Section 1105(e)(5)(C) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended by striking “The route referred to in subsection (c)(84) is designated as Interstate Route I–14.” and inserting “The route referred to in subsection (c)(84)(A) is designated as Interstate Route I–14 North. The route referred to in subsection (c)(84)(B) is designated as Interstate Route I–14 South. The Bryan/College Station, Texas loop referred to in subsection (c)(84) is designated as Interstate Route I–214. The routes referred to in subparagraphs (C), (D), (E), (F), and (G) of subsection (c)(84) and in subsections (c)(91), (c)(92), (c)(93), and (c)(94) are designated as Interstate Route I–14.”.

107. Definitions

In this division, the following definitions apply:
(1)
Highway Account— The term Highway Account means the portion of the Highway Trust Fund that is not the Mass Transit Account.
(2)
Mass Transit Account— The term Mass Transit Account means the portion of the Highway Trust Fund established under section 9503(e)(1) of the Internal Revenue Code of 1986.
(3)
Secretary— The term Secretary means the Secretary of Transportation.

108. Accessibility of public transportation for residents of areas of concentrated poverty

Not later than 60 days after the date of the enactment of this Act, the Secretary of Transportation shall submit to Congress a report that includes—
(1)
a description of the unique challenges that residents of areas of concentrated poverty face when riding public transportation; and
(2)
an assessment of how accessible public transportation that receives Federal funds is for residents of areas of concentrated poverty.