Division B — Surface Transportation

“(1) Adaptation—The term adaptation means an adjustment in natural or human systems in anticipation of, or in response to, a changing environment in a way that moderates negative effects of extreme events or climate change.”

“(5) Climate change—The term climate change means any significant change in the measures of climate lasting for an extended period of time, and may include major changes in temperature, precipitation, wind patterns, or sea level, among others, that occur over several decades or longer.”

“(7) Context sensitive design principle—The term context sensitive design principle means a principle for the design of a public road that—

“(A) provides for the safe and adequate accommodation, in all phases of project planning, design, and development, of users of the transportation facility, including pedestrians, bicyclists, public transportation users, children, older individuals, individuals with disabilities, motorists, and freight vehicles; and

“(B) considers the context in which the facility is planned to be constructed to determine the appropriate facility design.”

“(9) Evacuation route—The term evacuation route means a transportation route or system that—

“(A) is used to transport—

“(i) the public away from an emergency event; or

“(ii) first responders and recovery resources in the event of an emergency; and

“(B) is identified, consistent with sections 134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by the eligible entity with jurisdiction over the area in which the route is located for the purposes described in subparagraph (A).”

“(15) Greenhouse gas—The term greenhouse gas has the meaning given the term in section 211(o)(1)(G) of the Clean Air Act (42 U.S.C. 21 7545(o)(1)(G)).”

“(22) Natural infrastructure

“(A) In general—The term natural infrastructure means infrastructure that uses, restores, or emulates natural ecological processes that—

“(i) is created through the action of natural physical, geological, biological, and chemical processes over time;

“(ii) is created by human design, engineering, and construction to emulate or act in concert with natural processes; or

“(iii) involves the use of plants, soils, and other natural features, including through the creation, restoration, or preservation of vegetated areas using materials appropriate to the region to manage stormwater and runoff, to attenuate flooding and storm surges, and for other related purposes.

“(B) Inclusion—The term natural infrastructure includes green infrastructure and nature-based solutions.”

“(27) Protective feature

“(A) In general—The term protective feature means an improvement to a highway or bridge designed to increase resilience or mitigate the risk of recurring damage or the cost of future repairs from climate change effects, extreme events, seismic activity, or any other natural disaster.

“(B) Inclusions—The term protective feature includes—

“(i) raising roadway grades;

“(ii) relocating roadways to higher ground above projected flood elevation levels or away from slide prone areas;

“(iii) stabilizing slide areas;

“(iv) stabilizing slopes;

“(v) lengthening or raising bridges to increase waterway openings;

“(vi) increasing the size or number of drainage structures;

“(vii) replacing culverts with bridges or upsizing culverts;

“(viii) installing seismic retrofits on bridges;

“(iv) adding scour protection at bridges;

“(x) scour, stream stability, coastal, and other hydraulic countermeasures; and

“(xi) the use of natural infrastructure.”

“(30) Repeatedly damaged facility—The term repeatedly damaged facility means a road, highway, or bridge that has required repair and reconstruction activities on 2 or more occasions due to natural disasters or catastrophic failures resulting in emergencies declared by the Governor of the State in which the road, highway, or bridge is located or emergencies or major disasters declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

“(31) Resilience

“(A) In general—The term resilience means, with respect to a facility, the ability to—

“(i) anticipate, prepare for, or adapt to conditions; or

“(ii) withstand, respond to, or recover rapidly from disruptions.

“(B) Inclusions—Such term includes, with respect to a facility, the ability to—

“(i) resist hazards or withstand impacts from disruptions;

“(ii) reduce the magnitude, duration, or impact of a disruption; or

“(iii) have the absorptive capacity, adaptive capacity, and recoverability to decrease vulnerability to a disruption.”

“(39) Transportation system access—The term transportation system access means the ability to travel by automobile, public transportation, pedestrian, and bicycle networks, measured by travel time, taking into consideration—

“(A) the impacts of the level of travel stress for active travel; and

“(B) costs for low-income travelers.”

“(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) Pre-disaster mitigation program—For the pre-disaster 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(e);

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

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

“(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;

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

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

“(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).

“(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 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 30 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 award 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).”

“(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—

“(i) the deviation is approved by the Secretary; 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.

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

“(s) Context sensitive design

“(1) Context sensitive design standards—The Secretary shall collaborate with American Association of State Highway Transportation Officials to ensure that any roadway design publications approved by the Secretary under this section provides 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 each class of users;

“(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.”

“(i) prefabricated bridge elements and systems, innovative materials, and other technologies to reduce bridge construction time, extend service life, and reduce preservation costs, as compared to conventionally designed and constructed bridges;”

“(vi) innovative pavement materials that demonstrate reductions in greenhouse gas emissions through sequestration or innovative manufacturing processes; or”

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

“(h) Waiver procedure

“(1) In general—Not later than 120 days after the submission of a request for a waiver, the Secretary shall make a determination under paragraph (1) or (2) of subsection (b) as to whether subsection (a) shall apply.

“(2) Public notification and comment

“(A) In general—Not later than 30 days before making a determination regarding a waiver described in paragraph (1), the Secretary shall provide notification and an opportunity for public comment on the request for such waiver.

“(B) Notification requirements—The notification required under subparagraph (A) shall—

“(i) describe whether the application is being made for a determination described in subsection (b)(1); and

“(ii) be provided to the public by electronic means, including on the public website of the Department of Transportation.

“(3) Determination—Before a determination described in paragraph (1) takes effect, the Secretary shall publish a detailed justification for such determination that addresses all public comments received under paragraph (2)—

“(A) on the public website of the Department of Transportation; and

“(B) if the Secretary issues a waiver with respect to such determination, in the Federal Register.

“(i) Review of nationwide waivers

“(1) In general—Not later than 1 year after the date of enactment of this subsection, and at least every 5 years thereafter, the Secretary shall review any standing nationwide waiver issued by the Secretary under this section to ensure such waiver remains justified.

“(2) Public notification and opportunity for comment

“(A) In general—Not later than 30 days before the completion of a review under paragraph (1), the Secretary shall provide notification and an opportunity for public comment on such review.

“(B) Means of notification—Notification provided under this subparagraph shall be provided by electronic means, including on the public website of the Department of Transportation.

“(3) Detailed justification in Federal Register—After the completion of a review under paragraph (1), the Secretary shall publish in the Federal Register a detailed justification for the determination made under paragraph (1) that addresses all public comments received under paragraph (2).

“(j) Report—Not later than 120 days after the last day of each fiscal year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committee on Appropriations of the Senate a report on the waivers provided under subsection (h) during the previous fiscal year and the justifications for such waivers.”

“(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 on the National Highway System; and

“(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.”

“(g) 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.

“(B) Construction (including installation and replacement) of 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.”

“(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 in fiscal year 2020.

“(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.”

“(l) Highway bridge replacement and rehabilitation

“(1) Goals—The goals of this subsection shall be to—

“(A) support the achievement of a state of good repair for the Nation’s bridges;

“(B) improve the safety, efficiency, and reliability of the movement of people and freight over bridges; and

“(C) improve the condition of bridges in the United States by reducing—

“(i) the number of bridges—

“(I) in poor condition; or

“(II) in fair condition and at risk of falling into poor condition;

“(ii) the total person miles traveled over bridges—

“(I) in poor condition; or

“(II) in fair condition and at risk of falling into poor condition;

“(iii) the number of bridges that—

“(I) do not meet current geometric design standards; or

“(II) cannot meet the load and traffic requirements typical of the regional transportation network; and

“(iv) the total person miles traveled over bridges that—

“(I) do not meet current geometric design standards; or

“(II) cannot meet the load and traffic requirements typical of the regional transportation network.

“(2) Bridges on public roads

“(A) Minimum bridge investment—Excluding the amounts described in subparagraph (C), of the total funds apportioned to a State under paragraphs (1) and (2) of section 104(b) for fiscal years 2022 to 2025, a State shall obligate not less than 20 percent for projects described in subparagraph (E).

“(B) Program flexibility—A State required to obligate funds under subparagraph (A) may use any combination of funds apportioned to a State under paragraphs (1) and (2) of section 104(b).

“(C) Limitation—Amounts described below may not be used for the purposes of calculating or meeting the minimum bridge investment requirement under subparagraph (A)—

“(i) amounts described in section 133(d)(1)(A);

“(ii) amounts set aside under section 133(h); and

“(iii) amounts described in section 505(a).

“(D) Rule of construction—Nothing in this section shall be construed to prohibit the expenditure of funds described in subparagraph (C) for bridge projects eligible under such section.

“(E) Eligible projects—Funds required to be obligated in accordance with paragraph (2)(A) may be obligated for projects or activities that—

“(i) are otherwise eligible under either section 119 or section 133, as applicable;

“(ii) support the achievement of performance targets of the State established under section 150 or provide support for the condition and performance of bridges on public roads within the State; and

“(iii) replace, reconstruct, rehabilitate, preserve, or protect a bridge included on the national bridge inventory authorized by subsection (b), including through—

“(I) seismic retrofits;

“(II) systematic preventive maintenance;

“(III) installation of scour countermeasures;

“(IV) the use of innovative materials that extend the service life of the bridge and reduce preservation costs, as compared to conventionally designed and constructed bridges;

“(V) the use of nontraditional production techniques, including factory prefabrication;

“(VI) painting for purposes of bridge protection;

“(VII) application of calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and deicing compositions;

“(VIII) corrosion control;

“(IX) construction of protective features (including natural infrastructure) alone or in combination with other activities eligible under this paragraph to enhance resilience of a bridge;

“(X) bridge security countermeasures;

“(XI) impact protection measures for bridges;

“(XII) inspection and evaluation of bridges; and

“(XIII) training for bridge inspectors consistent with subsection (i).

“(F) Bundles of projects—A State may use a bundle of projects as described in subsection (j) to satisfy the requirements of subparagraph (A), if each project in the bundle is otherwise eligible under subparagraph (E).

“(G) Flexibility—The Secretary may, at the request of a State, reduce the required obligation under subparagraph (A) if—

“(i) the reduction is consistent with a State’s asset management plan for the National Highway System;

“(ii) the reduction will not limit a State’s ability to meet its performance targets under section 150 or to improve the condition and performance of bridges on public roads within the State; and

“(iii) the State demonstrates that it has inadequate needs to justify the expenditure.

“(H) Bridge investment report—The Secretary shall annually publish on the website of the Department of Transportation a bridge investment report that includes—

“(i) the total Federal funding obligated for bridge projects in the most recent fiscal year, on a State-by-State basis and broken out by Federal program;

“(ii) the total Federal funding obligated, on a State-by-State basis and broken out by Federal program, for bridge projects carried out pursuant to the minimum bridge investment requirements under subparagraph (A);

“(iii) the progress made by each State toward meeting the minimum bridge investment requirement under subparagraph (A) for such State, both cumulatively and for the most recent fiscal year;

“(iv) a summary of—

“(I) each request made under subparagraph (G) by a State for a reduction in the minimum bridge investment requirement under subparagraph (A); and

“(II) for each request described in subclause (I) that is granted by the Secretary—

“(aa) the percentage and dollar amount of the reduction; and

“(bb) an explanation of how the State met each of the criteria described in subparagraph (G); and

“(v) a summary of—

“(I) each request made by a State for a reduction in the obligation requirements under section 133(f); and

“(II) for each request that is granted by the Secretary—

“(aa) the percentage and dollar amount of the reduction; and

“(bb) an explanation of how the Secretary made the determination under section 133(f)(2)(B).

“(I) Off-system bridges—A State may apply amounts obligated under this subsection or section 133(f)(2)(A) to the obligation requirements of both this subsection and section 133(f).

“(J) NHS penalty—A State may apply amounts obligated under this subsection or section 119(f)(2) to the obligation requirements of both this subsection and section 119(f)(2).

“(K) Compliance—If a State fails to satisfy the requirements of subparagraph (A) by the end of fiscal year 2025, the Secretary may subject the State to appropriate program sanctions under section 1.36 of title 23, Code of Federal Regulations (or successor regulations).”

“(l) Vulnerable road user safety assessment

“(1) In general—Not later than 2 years 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 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).

“(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) consult 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.

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

“(10) if the project or program mitigates seasonal or temporary traffic congestion from long-haul travel or tourism.”

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

“(A) greenhouse gas emissions;

“(B) local air pollution;

“(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.”

“(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.”

“(f) Electric vehicle charging 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 and hydrogen fueling infrastructure projects.

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

“(A) a State 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;

“(F) an authority, agency, or instrumentality of, or an entity owned by, 1 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;

“(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 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, 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 and hydrogen fueling infrastructure;

“(II) to expand deployment of electric vehicle charging 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 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 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—

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

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

“(iii) meet current or anticipated market demands for charging or fueling infrastructure;

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

“(v) support a long-term competitive market for electric vehicle charging infrastructure or hydrogen fueling infrastructure that does not significantly impair existing electric vehicle charging or hydrogen fueling infrastructure providers; 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 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 infrastructure not on a designated alternative fuel corridor if the applicant demonstrates that the proposed charging infrastructure would expand deployment of electric vehicle charging 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 costs for the first 5 years of operations after the installation of electric vehicle charging 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 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 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 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 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 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 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 or hydrogen fueling infrastructure.

“(ii) Inclusion—An eligible private entity shall include a privately, publicly, or cooperatively owned electric utility.

“(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.”

“(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

“(A) In general—If more than 1 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; and”