(a) Short title.—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”.

(b) Table of Contents.—The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

(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 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) 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.

(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 areas described in subclause (II) in the proportion that—

(aa) the total amount of funds suballocated to such areas 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 and amounts 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.

(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.

(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) 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; and

(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.

(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; or

(C) the project rating for a project not yet approved into project engineering.

(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.

(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.

(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.

(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. Notwithstanding any other provision of law, this paragraph shall apply as if such paragraph was enacted on September 30, 2020.

(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.

(a) Special funding for fiscal year 2021.—

(1) 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, $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.

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.

(a) Applicability.—This division, including the amendments made by this division, applies beginning on October 1, 2021.

(b) Reference to date of enactment.—In this division and the amendments made by this division, any reference to—

(1) the date of enactment of this Act;

(2) the date of enactment of a provision of this division;

(3) the date of enactment of a provision added to law by an amendment made by this division; or

(4) the date of enactment of the INVEST in America Act added to law by an amendment made by this division,

shall be treated as a reference to October 1, 2021.

(a) In general.—The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

(1) FEDERAL-AID HIGHWAY PROGRAM.—For the national highway performance program under section 119 of title 23, United States Code, the pre-disaster mitigation program under section 124 of such title, the railway crossings program under section 130 of such title, the surface transportation program under section 133 of such title, the highway safety improvement program under section 148 of such title, the congestion mitigation and air quality improvement program under section 149 of such title, the national highway freight program under section 167 of such title, the carbon pollution reduction program under section 171 of such title, and metropolitan planning under section 134 of such title—

(A) $55,022,048,429 for fiscal year 2022;

(B) $55,980,646,776 for fiscal year 2023;

(C) $57,095,359,712 for fiscal year 2024; and

(D) $58,118,666,186 for fiscal year 2025.

(2) TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM.—For credit assistance under the transportation infrastructure finance and innovation program under chapter 6 of title 23, United States Code, $300,000,000 for each of fiscal years 2022 through 2025.

(3) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.—For construction of ferry boats and ferry terminal facilities under section 147 of title 23, United States Code, $120,000,000 for each of fiscal years 2022 through 2025.

(4) FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.—

(A) TRIBAL TRANSPORTATION PROGRAM.—For the tribal transportation program under section 202 of title 23, United States Code, $800,000,000 for each of fiscal years 2022 through 2025.

(B) FEDERAL LANDS TRANSPORTATION PROGRAM.—

(i) IN GENERAL.—For the Federal lands transportation program under section 203 of title 23, United States Code, $550,000,000 for each of fiscal years 2022 through 2025.

(ii) ALLOCATION.—Of the amount made available for a fiscal year under clause (i)—

(I) the amount for the National Park Service is $400,000,000 for each of fiscal years 2022 through 2025.

(II) the amount for the United States Fish and Wildlife Service is $50,000,000 for each of fiscal years 2022 through 2025; and

(III) the amount for the United States Forest Service is $50,000,000 for each of fiscal years 2022 through 2025.

(C) FEDERAL LANDS ACCESS PROGRAM.—For the Federal lands access program under section 204 of title 23, United States Code, $345,000,000 for each of fiscal years 2022 through 2025.

(D) FEDERAL LANDS AND TRIBAL MAJOR PROJECTS GRANTS.—To carry out section 208 of title 23, United States Code, $400,000,000 for each of fiscal years 2022 through 2025.

(5) TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.—For the territorial and Puerto Rico highway program under section 165 of title 23, United States Code, $310,000,000 for each of fiscal years 2022 through 2025.

(6) PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.—For projects of national and regional significance under section 117 of title 23, United States Code—

(A) $2,200,000,000 for fiscal year 2022;

(B) $2,200,000,000 for fiscal year 2023;

(C) $2,300,000,000 for fiscal year 2024; and

(D) $2,350,000,000 for fiscal year 2025.

(7) COMMUNITY TRANSPORTATION INVESTMENT GRANTS.—To carry out section 173 of title 23, United States Code, $600,000,000 for each of fiscal years 2022 through 2025.

(8) ELECTRIC VEHICLE CHARGING AND HYDROGEN FUELING INFRASTRUCTURE GRANTS.—To carry out section 151(f) of title 23, United States Code, $350,000,000 for each of fiscal years 2022 through 2025.

(9) COMMUNITY CLIMATE INNOVATION GRANTS.—To carry out section 172 of title 23, United States Code, $250,000,000 for each of fiscal years 2022 through 2025.

(b) Additional programs.—

(1) IN GENERAL.—The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

(A) GRIDLOCK REDUCTION GRANT PROGRAM.—To carry out section 1306 of this Act, $250,000,000 for fiscal year 2022.

(B) REBUILD RURAL GRANT PROGRAM.—To carry out section 1307 of this Act, $250,000,000 for fiscal year 2022.

(C) PARKING FOR COMMERCIAL MOTOR VEHICLES.—To carry out section 1308 of this Act, $250,000,000 for fiscal year 2023.

(D) ACTIVE TRANSPORTATION CONNECTIVITY GRANT PROGRAM.—To carry out section 1309 of this Act, $250,000,000 for fiscal year 2024.

(E) METRO PERFORMANCE PROGRAM.—To carry out section 1305 of this Act, $250,000,000 for each of fiscal years 2023 through 2025.

(2) TREATMENT OF FUNDS.—Amounts made available under subparagraphs (B) through (D) shall be administered as if apportioned under chapter 1 of title 23, United States Code.

(c) Disadvantaged business enterprises.—

(1) FINDINGS.—Congress finds that—

(A) while significant progress has occurred due to the establishment of the disadvantaged business enterprise program, discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in federally assisted surface transportation markets across the United States;

(B) the continuing barriers described in subparagraph (A) merit the continuation of the disadvantaged business enterprise program;

(C) Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits, which show that race- and gender-neutral efforts alone are insufficient to address the problem;

(D) the testimony and documentation described in subparagraph (C) demonstrate that discrimination across the United States poses a barrier to full and fair participation in surface transportation-related businesses of women business owners and minority business owners and has impacted firm development and many aspects of surface transportation-related business in the public and private markets; and

(E) the testimony and documentation described in subparagraph (C) provide a strong basis that there is a compelling need for the continuation of the disadvantaged business enterprise program to address race and gender discrimination in surface transportation-related business.

(2) DEFINITIONS.—In this subsection, the following definitions apply:

(A) SMALL BUSINESS CONCERN.—

(i) IN GENERAL.—The term “small business concern” means a small business concern (as the term is used in section 3 of the Small Business Act (15 U.S.C. 632)).

(ii) EXCLUSIONS.—The term “small business concern” does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $26,290,000, as adjusted annually by the Secretary of Transportation for inflation.

(B) SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS.—The term “socially and economically disadvantaged individuals” has the meaning given the term in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations issued pursuant to that Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection.

(3) AMOUNTS FOR SMALL BUSINESS CONCERNS.—Except to the extent that the Secretary of Transportation determines otherwise, not less than 10 percent of the amounts made available for any program under titles I, II, V, and VII of this division and section 403 of title 23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals.

(4) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTERPRISES.—Each State shall annually—

(A) survey and compile a list of the small business concerns referred to in paragraph (3) in the State, including the location of the small business concerns in the State; and

(B) notify the Secretary, in writing, of the percentage of the small business concerns that are controlled by—

(i) women;

(ii) socially and economically disadvantaged individuals (other than women); and

(iii) individuals who are women and are otherwise socially and economically disadvantaged individuals.

(5) UNIFORM CERTIFICATION.—

(A) IN GENERAL.—The Secretary of Transportation shall establish minimum uniform criteria for use by State governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection.

(B) INCLUSIONS.—The minimum uniform criteria established under subparagraph (A) shall include, with respect to a potential small business concern—

(i) on-site visits;

(ii) personal interviews with personnel;

(iii) issuance or inspection of licenses;

(iv) analyses of stock ownership;

(v) listings of equipment;

(vi) analyses of bonding capacity;

(vii) listings of work completed;

(viii) examination of the resumes of principal owners;

(ix) analyses of financial capacity; and

(x) analyses of the type of work preferred.

(6) REPORTING.—The Secretary of Transportation shall establish minimum requirements for use by State governments in reporting to the Secretary—

(A) information concerning disadvantaged business enterprise awards, commitments, and achievements; and

(B) such other information as the Secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program.

(7) COMPLIANCE WITH COURT ORDERS.—Nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under titles I, II, V, and VII of this division and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with paragraph (3) because a Federal court issues a final order in which the court finds that a requirement or the implementation of paragraph (3) is unconstitutional.

(8) SENSE OF CONGRESS ON PROMPT PAYMENT OF DBE SUBCONTRACTORS.—It is the sense of Congress that—

(A) the Secretary of Transportation should take additional steps to ensure that recipients comply with section 26.29 of title 49, Code of Federal Regulations (the disadvantaged business enterprises prompt payment rule), or any corresponding regulation, in awarding federally funded transportation contracts under laws and regulations administered by the Secretary; and

(B) such additional steps should include increasing the Department of Transportation’s ability to track and keep records of complaints and to make that information publicly available.

(a) General limitation.—Subject to subsection (e), and notwithstanding any other provision of law, the obligations for Federal-aid highway and highway safety construction programs shall not exceed—

(1) $62,059,350,954 for fiscal year 2022;

(2) $63,021,354,776 for fiscal year 2023;

(3) $64,246,443,712 for fiscal year 2024; and

(4) $65,080,125,186 for fiscal year 2025.

(b) Exceptions.—The limitations under subsection (a) shall not apply to obligations under or for—

(1) section 125 of title 23, United States Code;

(2) section 147 of the Surface Transportation Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);

(3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701);

(4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119);

(5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198);

(6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240);

(7) section 157 of title 23, United States Code (as in effect on June 8, 1998);

(8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years);

(9) Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used;

(10) section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years);

(11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation;

(12) section 119 of title 23, United States Code (as in effect for fiscal years 2013 through 2015, but only in an amount equal to $639,000,000 for each of those fiscal years);

(13) section 119 of title 23, United States Code (but, for fiscal years 2016 through 2021, only in an amount equal to $639,000,000 for each of those fiscal years);

(14) section 203 of title 23, United States Code (but, for fiscal years 2022 through 2025, only in an amount equal to $550,000,000 for each of those fiscal years); and

(15) section 133(d)(1)(B) of title 23, United States Code (but, for fiscal years 2022 through 2025, only in an amount equal to $89,000,000 for each of those fiscal years).

(c) Distribution of obligation authority.—Subject to paragraph (1)(B), for each of fiscal years 2022 through 2025, the Secretary of Transportation—

(1) (A) shall not distribute obligation authority provided by subsection (a) for the fiscal year for—

(i) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code;

(ii) amounts authorized for the Bureau of Transportation Statistics;

(iii) amounts authorized for the tribal transportation program by section under section 202 of title 23, United States Code; and

(iv) amounts authorized for the territorial and Puerto Rico highway program under section 165(a) of title 23, United States Code; and

(B) for each of fiscal years 2023 through 2025, in addition to the amounts described in subparagraph (A), shall not distribute obligation authority provided by subsection (a) for the fiscal year for amounts authorized for the metro performance program under section 1305 of this Act;

(2) shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts—

(A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202 or 204 of title 23, United States Code); and

(B) for which obligation authority was provided in a previous fiscal year;

(3) shall determine the proportion that—

(A) the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to

(B) the total of—

(i) the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs, other than sums authorized to be appropriated for—

(I) provisions of law described in paragraphs (1) through (13) of subsection (b);

(II) section 203 of title 23, United States Code, equal to the amount referred to in subsection (b)(14) for the fiscal year; and

(III) section 133(d)(1)(B) of title 23, United States Code, equal to the amount referred to in subsection (b)(15) for the fiscal year; less

(ii) the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection;

(4) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under this Act and title 23, United States Code, or apportioned by the Secretary under sections 202 or 204 of such title, by multiplying—

(A) the proportion determined under paragraph (3); by

(B) the amounts authorized to be appropriated for each such program for the fiscal year; and

(5) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the surface transportation program in section 133(d)(1)(B) of title 23, United States Code, that are exempt from the limitation under subsection (b)(15) and the amounts apportioned under sections 202 and 204 of such title) in the proportion that—

(A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for the fiscal year; bears to

(B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for the fiscal year.

(d) Redistribution of unused obligation authority.—Notwithstanding subsection (c), the Secretary of Transportation shall, after August 1 of each of fiscal years 2022 through 2025—

(1) revise a distribution of the obligation authority made available under subsection (c) if an amount distributed cannot be obligated during that fiscal year; and

(2) 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 section 104 of title 23, United States Code.

(e) Special limitation.—

(1) IN GENERAL.—Except as provided in paragraph (2), obligation limitations imposed by subsection (a) shall apply to contract authority for—

(A) transportation research programs carried out under chapter 5 of title 23, United States Code, and title V of this Act; and

(B) the metro performance program under section 1305 of this Act.

(2) EXCEPTION.—Obligation authority made available under paragraph (1) shall—

(A) remain available for a period of 4 fiscal years; and

(B) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.

(f) Lop-Off.—

(1) IN GENERAL.—Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2022 through 2025, the Secretary of Transportation shall distribute to the States any funds that—

(A) are authorized to be appropriated for the fiscal year for Federal-aid highway programs; and

(B) the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for the fiscal year because of the imposition of any obligation limitation for the fiscal year.

(2) RATIO.—Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (c)(5).

(3) AVAILABILITY.—Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code.

Section 101 of title 23, United States Code, is amended—

(1) in subsection (a)—

(A) by redesignating paragraphs (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (27), (28), (29), (30), (31), (32), (33), and (34) as paragraphs (2), (3), (4), (6), (8), (10), (11), (12), (13), (14), (16), (17), (18), (19), (20), (21), (23), (24), (25), (26), (28), (29), (32), (33), (34), (35), (36), (37), (38), (40), (41), (42), (43), and (44), respectively;

(B) by inserting before paragraph (2), as so redesignated, the following:

“(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.”;

(C) by inserting after paragraph (4), as so redesignated, the following:

“(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.”;

(D) paragraph (6)(A), as so redesignated, by inserting “assessing resilience,” after “surveying,”;

(E) by inserting after paragraph (6), as so redesignated, the following:

“(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.”;

(F) by inserting after paragraph (8), as so redesignated, the following:

“(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).”;

(G) by inserting after paragraph (14), as so redesignated, the following:

“(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)).”;

(H) by inserting after paragraph (21), as so redesignated, the following:

“(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.”;

(I) by inserting after paragraph (26), as so redesignated, the following:

“(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.”;

(J) by inserting after paragraph (29), as so redesignated, the following:

“(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.”; and

(K) by inserting after paragraph (38), as so redesignated, the following:

“(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.”; and

(2) in subsection (b)—

(A) in paragraph (1) by striking “Defense,” and inserting “Defense Highways,”;

(B) in paragraph (3)—

(i) in subparagraph (A) by striking “Century” and inserting “century”;

(ii) in subparagraph (G) by striking “; and” and inserting a semicolon;

(iii) in subparagraph (H) by striking “Century.” and inserting “century;”; and

(iv) by adding at the end the following:

“(I) safety is the highest priority of the Department of Transportation, and the Secretary and States should take all actions necessary to meet the transportation needs of the 21st century for all road users;

“(J) climate change presents a significant risk to safety, the economy, and national security, and reducing the contributions of the transportation system to the Nation’s total carbon pollution is critical; and

“(K) the Secretary and States should take appropriate measures and ensure investments to increase the resilience of the Nation’s transportation system.”; and

(C) in paragraph (4)(A) by inserting “while ensuring that environmental protections are maintained” after “review process”.

(a) In general.—Section 104 of title 23, United States Code, is amended—

(1) in subsection (a)(1) by striking subparagraphs (A) through (E) and inserting the following;

“(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.”;

(2) by striking subsections (b) and (c) and inserting the following:

“(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).”;

(3) in subsection (d)(1)(A)—

(A) in clause (i) by striking “paragraphs (5)(D) and (6) of subsection (b)” and inserting “subsection (b)(6)”; and

(B) in clause (ii) by striking “paragraphs (5)(D) and (6) of subsection (b)” and inserting “subsection (b)(6)”; and

(4) by striking subsections (h) and (i) and inserting the following:

“(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.”.

(b) Federal share payable.—Section 120(c)(3) of title 23, United States Code, is amended—

(1) in subparagraph (A) by striking “(5)(D),”; and

(2) in subparagraph (C)(i) by striking “(5)(D)”.

(c) Metropolitan transportation planning; title 23.—Section 134(p) of title 23, United States Code, is amended by striking “paragraphs (5)(D) and (6) of section 104(b)” and inserting “section 104(b)(6)”.

(d) Statewide and nonmetropolitan transportation planning.—Section 135(i) of title 23, United States Code, is amended by striking “paragraphs (5)(D) and (6) of section 104(b)” and inserting “section 104(b)(6)”.

(e) Metropolitan transportation planning; title 49.—Section 5303(p) of title 49, United States Code, is amended by striking “section 104(b)(5)” and inserting “section 104(b)(6)”.

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

(1) in subsection (c)—

(A) in paragraph (1)(A) by striking “to be appropriated” each place it appears; and

(B) by adding at the end the following:

“(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).”;

(2) in subsection (e)—

(A) by striking “There is authorized” and inserting “For fiscal year 2022 and each fiscal year thereafter, there is authorized”; and

(B) by striking “for any of fiscal years 2017 through 2020”; and

(3) in subsection (f)(1) by striking “section 1102 or 3018 of the FAST Act” and inserting “any other provision of law”.

(a) Apportionment.—Section 104 of title 23, United States Code, is amended by striking subsection (g) and inserting the following:

“(g) Highway Trust Fund transparency and accountability reports.—

“(1) REQUIREMENT.—

“(A) IN GENERAL.—The Secretary shall compile data in accordance with this subsection on the use of Federal-aid highway funds made available under this title.

“(B) USER FRIENDLY DATA.—The data compiled under subparagraph (A) shall be in a user friendly format that can be searched, downloaded, disaggregated, and filtered by data category.

“(2) PROJECT DATA.—

“(A) IN GENERAL.—Not later than 120 days after the end of each fiscal year, the Secretary shall make available on the website of the Department of Transportation a report that describes—

“(i) the location of each active project within each State during such fiscal year, including in which congressional district or districts such project is located;

“(ii) the total cost of such project;

“(iii) the amount of Federal funding obligated for such project;

“(iv) the program or programs from which Federal funds have been obligated for such project;

“(v) whether such project is located in an area of the State with a population of—

“(I) less than 5,000 individuals;

“(II) 5,000 or more individuals but less than 50,000 individuals;

“(III) 50,000 or more individuals but less than 200,000 individuals; or

“(IV) 200,000 or more individuals;

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

“(I) a road reconstruction project;

“(II) a new road construction project;

“(III) a new bridge construction project;

“(IV) a bridge rehabilitation project; or

“(V) a bridge replacement project;

“(vii) the functional classification of the roadway on which such project is located; and

“(viii) available information on the estimated cost of such project as of the start of project construction, or the revised cost estimate based on a description of revisions to the scope of work or other factors affecting project cost other than cost overruns.

“(B) INTERACTIVE MAP.—In addition to the data made available under subparagraph (A), the Secretary shall make available on the website of the Department of Transportation an interactive map that displays, for each active project, the information described in clauses (i) through (v) of subparagraph (A).

“(3) STATE DATA.—

“(A) APPORTIONED AND ALLOCATED PROGRAMS.—The website described in paragraph (2)(A) shall display the Federal-aid highway funds apportioned and allocated to each State under this title, including—

“(i) the amount of funding available for obligation by the State at the start of the fiscal year;

“(ii) the amount of funding obligated by the State during such fiscal year;

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

“(iii) changes in the obligated, unexpended balance for the State;

“(B) PROGRAMMATIC DATA.—The data described in subparagraph (A) shall include—

“(i) the amount of funding by each apportioned and allocated program for which the State received funding under this title;

“(ii) the amount of funding transferred between programs by the State during the fiscal year using the authority provided under section 126; and

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

“(4) DEFINITIONS.—In this subsection:

“(A) ACTIVE PROJECT.—

“(i) IN GENERAL.—The term ‘active project’ means a Federal-aid highway project using funds made available under this title on which those funds were obligated or expended during the fiscal year for which the estimated total cost as of the start of construction is greater than $5,000,000.

“(ii) EXCLUSION.—The term ‘active project’ does not include any project for which funds are transferred to agencies other than the Federal Highway Administration.

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

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

(b) Project approval and oversight.—Section 106 of title 23, United States Code, is amended—

(1) in subsection (g)—

(A) in paragraph (4) by striking subparagraph (B) and inserting the following:

“(B) ASSISTANCE TO STATES.—The Secretary shall—

“(i) develop criteria for States to use to make the determination required under subparagraph (A); and

“(ii) provide training, guidance, and other assistance to States and subrecipients as needed to ensure that projects administered by subrecipients comply with the requirements of this title.

“(C) PERIODIC REVIEW.—The Secretary shall review, not less frequently than every 2 years, the monitoring of subrecipients by the States.”; and

(B) by adding at the end the following:

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

(2) in subsection (h)(3)—

(A) in subparagraph (B) by striking “, as determined by the Secretary,”; and

(B) in subparagraph (D) by striking “shall assess” and inserting “in the case of a project proposed to be advanced as a public-private partnership, shall include a detailed value for money analysis or comparable analysis to determine”; and

(3) by adding at the end the following:

“(k) Megaprojects.—

“(1) COMPREHENSIVE RISK MANAGEMENT PLAN.—To be authorized for the construction of a megaproject, the recipient of Federal financial 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).”.

(c) Division office consistency.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that—

(1) analyzes the consistency of determinations among division offices of the Federal Highway Administration; and

(2) makes recommendations to improve the consistency of such determinations.

(a) Standards.—Section 109 of title 23, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (1) by striking “planned future traffic of the highway in a manner that is conducive to” and inserting “future operational performance of the facility in a manner that enhances”; and

(B) in paragraph (2) by inserting “, taking into consideration context sensitive design principles” after “each locality”;

(2) in subsection (b)—

(A) by striking “The geometric” and inserting “Design criteria for the Interstate system.—The geometric”; and

(B) by striking “the types and volumes of traffic anticipated for such project for the twenty-year period commencing on the date of approval by the Secretary, under section 106 of this title, of the plans, specifications, and estimates for actual construction of such project” and inserting “the existing and future operational performance of the facility”;

(3) in subsection (c)(1)—

(A) in subparagraph (C) by striking “; and” and inserting a semicolon;

(B) in subparagraph (D) by striking the period and inserting “; and”; and

(C) by adding at the end the following:

“(E) context sensitive design principles.”;

(4) by striking subsection (o) and inserting the following:

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

“(1) IN GENERAL.—Projects (other than 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.”; and

(5) by adding at the end the following:

“(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.”.

(b) Conforming amendment.—Section 1404(b) of the FAST Act (23 U.S.C. 109 note) is repealed.

(a) In general.—Section 120(c)(3)(B) of title 23, United States Code, is amended—

(1) by striking clause (i) and inserting the following:

“(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;”;

(2) by redesignating clause (vi) as clause (vii);

(3) in clause (v) by striking “or” at the end; and

(4) by inserting after clause (v) the following:

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

(b) Technical amendment.—Section 107(a)(2) of title 23, United States Code, is amended by striking “subsection (c) of”.

Section 126(b) of title 23, United States Code, is amended—

(1) in the heading by inserting “and programs” after “set-asides”;

(2) in paragraph (1) by striking “and 133(d)(1)(A)” and inserting “, 130, 133(d)(1)(A), and 133(h)”; and

(3) by striking paragraph (2) and inserting the following:

(a) Toll roads, bridges, tunnels, and ferries.—Section 129 of title 23, United States Code, is amended—

(1) in subsection (a)—

(A) by striking paragraph (1) and inserting the following:

“(1) IN GENERAL.—

“(A) AUTHORIZATION FOR FEDERAL PARTICIPATION.—Subject to the provisions of this section, Federal participation shall be permitted on the same basis and in the same manner as construction of toll-free highways is permitted under this chapter in the—

“(i) initial construction of a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel;

“(ii) initial construction of 1 or more lanes or other improvements that increase capacity of a highway, bridge, or tunnel (other than a highway on the Interstate System) and conversion of that highway, bridge, or tunnel to a tolled facility, if the number of toll-free lanes, excluding auxiliary lanes, after the construction is not less than the number of toll-free lanes, excluding auxiliary lanes, before the construction;

“(iii) initial construction of 1 or more lanes or other improvements that increase the capacity of a highway, bridge, or tunnel on the Interstate System and conversion of that highway, bridge, or tunnel to a tolled facility, if the number of toll-free non-HOV lanes, excluding auxiliary lanes, after such construction is not less than the number of toll-free non-HOV lanes, excluding auxiliary lanes, before such construction;

“(iv) reconstruction, resurfacing, restoration, rehabilitation, or replacement of a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel;

“(v) reconstruction or replacement of a toll-free bridge or tunnel and conversion of the bridge or tunnel to a toll facility;

“(vi) reconstruction of a toll-free Federal-aid highway (other than a highway on the Interstate System) and conversion of the highway to a toll facility;

“(vii) reconstruction, restoration, or rehabilitation of a highway on the Interstate System if the number of toll-free non-HOV lanes, excluding auxiliary lanes, after reconstruction, restoration, or rehabilitation is not less than the number of toll-free non-HOV lanes, excluding auxiliary lanes, before reconstruction, restoration, or rehabilitation;

“(viii) conversion of a high occupancy vehicle lane on a highway, bridge, or tunnel to a toll facility, subject to the requirements of section 166; and

“(iv) preliminary studies to determine the feasibility of a toll facility for which Federal participation is authorized under this paragraph.

“(B) AGREEMENT TO TOLL.—

“(i) IN GENERAL.—Before the Secretary may authorize tolling as described in this paragraph, the public authority with jurisdiction over a highway, bridge, or tunnel shall enter into an agreement with the Secretary to ensure compliance with the requirements of this subsection.

“(ii) APPLICABILITY.—

“(I) IN GENERAL.—The provisions of this paragraph shall apply to—

“(aa) Federal participation under subparagraph (A);

“(bb) any prior Federal participation in the facility proposed to be tolled; and

“(cc) conversion, with or without Federal participation, of a non-tolled lane on the National Highway System to a toll facility under subparagraph (E).

“(II) HOV FACILITY.—Except as otherwise provided in this subsection or section 166, the provisions of this paragraph shall not apply to a high occupancy vehicle facility.

“(iii) MAJOR FEDERAL ACTION.—Approval by the Secretary of an agreement to toll under this paragraph shall be considered a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

“(C) AGREEMENT CONDITIONS.—Prior to entering into an agreement to toll under this subsection, the public authority shall certify to the Secretary that—

“(i) the public authority has established procedures to ensure the toll meets the purposes and requirements of this subsection;

“(ii) the facility shall provide for access at no cost to public transportation vehicles and over-the-road buses serving the public; and

“(iii) the facility shall provide for the regional interoperability of electronic toll collection, including through technologies or business practices.

“(D) CONSIDERATION OF IMPACTS.—

“(i) IN GENERAL.—Prior to entering into an agreement to toll under this section, the Secretary shall ensure the public authority has adequately considered, including by providing an opportunity for public comment, the following factors within the corridor:

“(I) Congestion impacts on both the toll facility and in the corridor or cordon (including adjacent toll-free facilities).

“(II) In the case of a non-attainment or maintenance area, air quality impacts.

“(III) Planned investments to improve public transportation or other non-tolled alternatives in the corridor.

“(IV) Environmental justice and equity impacts.

“(V) Impacts on freight movement.

“(VI) Economic impacts on businesses.

“(ii) CONSIDERATION IN ENVIRONMENTAL REVIEW.—Nothing in this subparagraph shall limit a public authority from meeting the requirements of this subparagraph through the environmental review process, as applicable.

“(E) CONGESTION PRICING.—

“(i) IN GENERAL.—The Secretary may authorize conversion of a non-tolled lane on the National Highway System to a toll facility to utilize variable pricing to manage the demand to use the facility by varying the toll amount that is charged.

“(ii) REQUIREMENT.—Prior to entering into an agreement to convert a non-tolled lane on the National Highway System to a toll facility, the Secretary shall ensure (in addition to the requirements under subparagraphs (B), (C), and (D)) that such toll facility and the planned investments to improve public transportation or other non-tolled alternatives in the corridor are reasonably expected to improve the operation of the cordon or corridor, as described in clauses (iii) and (iv).

“(iii) PERFORMANCE MONITORING.—A public authority that enters into an agreement to convert a non-tolled lane to a toll facility under this subparagraph shall—

“(I) establish, monitor, and support a performance monitoring, evaluation, and reporting program—

“(aa) for the toll facility that provides for continuous monitoring, assessment, and reporting on the impacts that the pricing structure may have on the operation of the facility; and

“(bb) for the corridor or cordon that provides for continuous monitoring, assessment, and reporting on the impacts of congestion pricing on the operation of the corridor or cordon;

“(II) submit to the Secretary annual reports of the impacts described in subclause (I); and

“(III) if the facility or the corridor or cordon becomes degraded, as described in clause (iv), submit to the Secretary an annual update that describes the actions proposed to bring the toll facility into compliance and the progress made on such actions.

“(iv) DETERMINATION.—

“(I) DEGRADED OPERATION.—For purposes of clause (iii)(III), the operation of a toll facility shall be considered to be degraded if vehicles operating on the facility are failing to maintain a minimum average operating speed 90 percent of the time over a consecutive 180-day period during morning or evening weekday peak hour periods (or both).

“(II) DEGRADED CORRIDOR OR CORDON.—For the purposes of clause (iii)(III), a corridor or cordon shall be considered to be degraded if congestion pricing or investments to improve public transportation or other non-tolled alternatives have not resulted in—

“(aa) an increase in person or freight throughput in the corridor or cordon; and

“(bb) a reduction in person hours of delay in the corridor or cordon, as determined by the Secretary.

“(III) DEFINITION OF MINIMUM AVERAGE OPERATING SPEED.—In this subparagraph, the term ‘minimum average operating speed’ means—

“(aa) 45 miles per hour, in the case of a toll facility with a speed limit of 50 miles per hour or greater; and

“(bb) not more than 10 miles per hour below the speed limit, in the case of a toll facility with a speed limit of less than 50 miles per hour.

“(v) MAINTENANCE OF OPERATING PERFORMANCE.—

“(I) IN GENERAL.—Not later than 180 days after the date on which a facility or a corridor or cordon becomes degraded under clause (iv), the public authority with jurisdiction over the facility shall submit to the Secretary for approval a plan that details the actions the public authority will take to make significant progress toward bringing the facility or corridor or cordon into compliance with this subparagraph.

“(II) NOTICE OF APPROVAL OR DISAPPROVAL.—Not later than 60 days after the date of receipt of a plan under subclause (I), the Secretary shall provide to the public authority a written notice indicating whether the Secretary has approved or disapproved the plan based on a determination of whether the implementation of the plan will make significant progress toward bringing the facility or corridor or cordon into compliance with this subparagraph.

“(III) UPDATE.—Until the date on which the Secretary determines that the public authority has brought facility or corridor or cordon into compliance with this subparagraph, the public authority shall submit annual updates that describe—

“(aa) the actions taken to bring the facility into compliance;

“(bb) the actions taken to bring the corridor or cordon into compliance; and

“(cc) the progress made by those actions.

“(IV) COMPLIANCE.—If a public authority fails to bring a facility into compliance under this subparagraph, the Secretary may subject the public authority to appropriate program sanctions under section 1.36 of title 23, Code of Federal Regulations (or successor regulations), until the performance is no longer degraded.

“(vi) CONSULTATION OF MPO.—If a toll facility authorized under this subparagraph is located on the National Highway System and in a metropolitan planning area established in accordance with section 134, the public authority shall consult with the metropolitan planning organization for the area.

“(vii) INCLUSION.—For the purposes of this paragraph, the corridor or cordon shall include toll-free facilities that are adjacent to the toll facility.”;

(B) in paragraph (3)—

(i) in subparagraph (A)—

(I) in clause (iv) by striking “and” at the end; and

(II) by striking clause (v) and inserting the following:

“(v) any project eligible under this title or chapter 53 of title 49 that improves the operation of the corridor or cordon by increasing person or freight throughput and reducing person hours of delay;

“(vi) toll discounts or rebates for users of the toll facility that have no reasonable alternative transportation method to the toll facility; and

“(vii) if the public authority certifies annually that the tolled facility is being adequately maintained and the cordon or corridor is not degraded under paragraph (1)(E), any revenues remaining after funding the activities described in clauses (i) through (vi) shall be considered surplus revenue and may be used for any other purpose for which Federal funds may be obligated by a State under this title or chapter 53 of title 49.”;

(ii) by striking subparagraph (B) and inserting the following:

“(B) TRANSPARENCY.—

“(i) ANNUAL AUDIT.—

“(I) IN GENERAL.—A public authority with jurisdiction over a toll facility shall conduct or have an independent auditor conduct an annual audit of toll facility records to verify adequate maintenance and compliance with subparagraph (A), and report the results of the audits to the Secretary.

“(II) RECORDS.—On reasonable notice, the public authority shall make all records of the public authority pertaining to the toll facility available for audit by the Secretary.

“(ii) SURPLUS REVENUES.—A State that obligates amounts under clauses (v), (vi), or (vii) of subparagraph (A) shall annually report to the Secretary a list of activities funded with such amounts and the amount of funding provided for each such activity.”;

(C) in paragraph (8) by striking “as of the date of enactment of the MAP–21, before commencing any activity authorized” and inserting “, before commencing any activity authorized”; and

(D) by striking paragraph (10) and inserting the following:

“(10) INTEROPERABILITY OF ELECTRONIC TOLL COLLECTION.—All toll facilities on Federal-aid highways shall provide for the regional interoperability of electronic toll collection, including through technologies or business practices.

“(11) NONCOMPLIANCE.—If the Secretary concludes that a public authority has not complied with the requirements of this subsection, the Secretary may require the public authority to discontinue collecting tolls until the public authority and the Secretary enter into an agreement for the public authority to achieve compliance with such requirements.

“(12) DEFINITIONS.—In this subsection, the following definitions apply:

“(A) FEDERAL PARTICIPATION.—The term ‘Federal participation’ means the use of funds made available under this title.

“(B) HIGH OCCUPANCY VEHICLE; HOV.—The term ‘high occupancy vehicle’ or ‘HOV’ means a vehicle with not fewer than 2 occupants.

“(C) INITIAL CONSTRUCTION.—

“(i) IN GENERAL.—The term ‘initial construction’ means the construction of a highway, bridge, tunnel, or other facility at any time before it is open to traffic.

“(ii) EXCLUSIONS.—The term ‘initial construction’ does not include any improvement to a highway, bridge, tunnel, or other facility after it is open to traffic.

“(D) OVER-THE-ROAD BUS.—The term ‘over-the-road bus’ has the meaning given the term in section 301 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181).

“(E) PUBLIC AUTHORITY.—The term ‘public authority’ means a State, interstate compact of States, or public entity designated by a State.

“(F) PUBLIC TRANSPORTATION VEHICLE.—The term ‘public transportation vehicle’ has the meaning given that term in section 166.

“(G) TOLL FACILITY.—The term ‘toll facility’ means a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel constructed or authorized to be tolled under this subsection.”.

(b) Repeal of Interstate System reconstruction and rehabilitation pilot program.—Section 1216 of the Transportation Equity Act for the 21st Century (23 U.S.C. 129 note), and the item related to such section in the table of contents in section 1(b) of such Act, are repealed.

(c) Value pricing pilot program.—Section 1012(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 149 note) is amended by adding at the end the following:

“(9) SUNSET.—The Secretary may not consider an expression of interest submitted under this section after the date of enactment of this paragraph.”.

(d) Savings clause.—

(1) APPLICATION OF LIMITATIONS.—Any toll facility described in paragraph (2) shall be subject to the requirements of section 129(a)(3) of title 23, United States Code, as in effect on the day before the date of enactment of this Act.

(2) TOLL FACILITIES.—A toll facility described in this paragraph is a facility that, on the day prior to the date of enactment of this Act was—

(A) operating;

(B) in the planning and design phase; or

(C) in the construction phase.

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

(1) in subsection (b)—

(A) in paragraph (4)(C)(iii) by striking “transportation buses” and inserting “transportation vehicles”; and

(B) in paragraph (5) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B);

(2) in subsection (e)—

(A) by striking “Not later than 180 days after the date of enactment of this section, the Administrator” and inserting “The Administrator”;

(B) in paragraph (1) by striking “and” at the end;

(C) in paragraph (2) by striking the period at the end and inserting “; and”; and

(D) by adding at the end the following:

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

(3) in subsection (f)—

(A) in paragraph (1)—

(i) by striking subparagraphs (C), (D), and (F); and

(ii) by redesignating subparagraphs (E), (G), (H), and (I) as subparagraphs (C), (D), (E), and (F), respectively; and

(B) in paragraph (6)(B)(i) by striking “public entity” and inserting “public transportation service that is a recipient or subrecipient of funds under chapter 53 of title 49”.

(a) In general.—Section 313 of title 23, United States Code, is amended—

(1) in subsection (a)—

(A) by striking “Notwithstanding” and inserting “In general—Notwithstanding”;

(B) by striking “Secretary of Transportation” and inserting “Secretary”; and

(C) by striking “the Surface Transportation Assistance Act of 1982 (96 Stat. 2097) or”;

(2) in subsection (b) by inserting “Determination.—” before “The provisions”;

(3) in subsection (c) by striking “For purposes” and inserting “Calculation—For purposes”;

(4) in subsection (d)—

(A) by striking “The Secretary of Transportation” and inserting “Requirements—The Secretary”; and

(B) by striking “the Surface Transportation Assistance Act of 1982 (96 Stat. 2097) or”; and

(5) by adding at the end the following:

“(h) Waiver procedure.—

“(1) IN GENERAL.—Not later than 120 days after the submission of a request for a waiver, the Secretary shall make a determination under 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.”.

(b) Conforming amendments.—

(1) CONSOLIDATED APPROPRIATIONS ACT, 2010.—Section 123 of title I of division A of the Consolidated Appropriations Act, 2010 (23 U.S.C. 313 note; Public Law 111–117) is repealed.

(2) CONSOLIDATED APPROPRIATIONS ACT, 2019.—Section 122 of title I of division H of the Consolidated Appropriations Act, 2019 (23 U.S.C. 313 note; Public Law 116–94) is repealed.

(3) SAFETEA–LU TECHNICAL CORRECTIONS ACT OF 2008.—Section 117 of the SAFETEA–LU Technical Corrections Act of 2008 (23 U.S.C. 313 note) is repealed.

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

(1) by striking subsection (b) and inserting the following:

(2) in subsection (d)—

(A) in paragraph (1)(A) by striking “or freight movement on the National Highway System” and inserting “freight movement, environmental sustainability, transportation system access, or combating climate change”;

(B) in paragraph (1)(B) by striking “and” at the end;

(C) in paragraph (2)—

(i) in subparagraph (G)—

(I) in clause (i) by inserting “and” at the end;

(II) in clause (ii) by striking “; and” and inserting a period; and

(III) by striking clause (iii);

(ii) in subparagraph (I) by inserting “, including the installation of safety barriers and nets on bridges on the National Highway System” after “National Highway System”; and

(iii) by adding at the end the following:

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

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

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

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

(D) by adding at the end the following:

“(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.”; and

(3) in subsection (e)—

(A) in the heading by inserting “asset and” after “State”;

(B) in paragraph (4)(D) by striking “analysis” and inserting “analyses, both of which shall take into consideration climate change adaptation and resilience;”; and

(C) in paragraph (8) by striking “Not later than 18 months after the date of enactment of the MAP–21, the Secretary” and inserting “The Secretary”.

(a) Predisaster mitigation program.—

(1) IN GENERAL.—Chapter 1 of title 23, United States Code, is amended by inserting after section 123 the following:

(2) CONFORMING AMENDMENT.—The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 123 the following:

“124. Predisaster mitigation program.”.

(b) Metropolitan transportation planning.—

(1) AMENDMENTS TO TITLE 23.—

(A) CLIMATE CHANGE AND RESILIENCE.—Section 134(i)(2) of title 23, United States Code, is amended by adding at the end the following:

“(I) CLIMATE CHANGE AND RESILIENCE.—

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

“(ii) CLIMATE CHANGE MITIGATION AND IMPACTS.—A long-range transportation plan shall—

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

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

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

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

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

“(II) considers, as applicable, the risk management analysis in the State’s asset management plan developed pursuant to section 119, and the State’s evaluation of reasonable alternatives to repeatedly damaged facilities;

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

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

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

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

(B) RESILIENCE PROJECTS.—Section 134(j)(3) of title 23, United States Code, is amended by adding at the end the following:

“(E) RESILIENCE PROJECTS.—The TIP shall—

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

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

(2) AMENDMENTS TO TITLE 49.—

(A) CLIMATE CHANGE AND RESILIENCE.—Section 5303(i)(2) of title 49, United States Code, is amended by adding at the end the following:

“(I) CLIMATE CHANGE AND RESILIENCE.—

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

“(ii) CLIMATE CHANGE MITIGATION AND IMPACTS.—A long-range transportation plan shall—

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

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

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

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

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

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

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

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

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

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

(B) RESILIENCE PROJECTS.—Section 5303(j)(3) of title 49, United States Code, is amended by adding at the end the following:

“(E) RESILIENCE PROJECTS.—The TIP shall—

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

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

(c) Statewide and nonmetropolitan planning.—

(1) AMENDMENTS TO TITLE 23.—

(A) CLIMATE CHANGE AND RESILIENCE.—Section 135(f) of title 23, United States Code, is amended by adding at the end the following:

“(10) CLIMATE CHANGE AND RESILIENCE.—

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

“(B) CLIMATE CHANGE MITIGATION AND IMPACTS.—A long-range transportation plan shall—

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

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

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

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

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

“(ii) considers, as applicable, the risk management analysis in the State’s asset management plan developed pursuant to section 119, and the State’s evaluation of reasonable alternatives to repeatedly damaged facilities;

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

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

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

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

(B) RESILIENCE PROJECTS.—Section 135(g)(5)(B) of title 23, United States Code, is amended by adding at the end the following:

“(iii) RESILIENCE PROJECTS.—The STIP shall—

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

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

(2) AMENDMENTS TO TITLE 49.—

(A) CLIMATE CHANGE AND RESILIENCE.—Section 5304(f) of title 49, United States Code, is amended by adding at the end the following:

“(10) CLIMATE CHANGE AND RESILIENCE.—

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

“(B) CLIMATE CHANGE MITIGATION AND IMPACTS.—A long-range transportation plan shall—

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

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

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

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

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

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

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

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

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

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

(B) RESILIENCE PROJECTS.—Section 5304(g)(5)(B) of title 49, United States Code, is amended by adding at the end the following:

“(iii) RESILIENCE PROJECTS.—The STIP shall—

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

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

(a) In general.—Section 125 of title 23, United States Code, is amended—

(1) in subsection (a)(1) by inserting “wildfire,” after “severe storm,”;

(2) by striking subsection (b);

(3) in subsection (c)(2)(A) by striking “in any 1 fiscal year commencing after September 30, 1980,” and inserting “in any fiscal year”;

(4) in subsection (d)—

(A) in paragraph (3)(C) by striking “subsection (e)(1)” and inserting “subsection (g)”;

(B) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and

(C) by striking paragraphs (1) and (2) and inserting the following:

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

“(2) RESTRICTIONS.—

“(A) IN GENERAL.—No funds shall be expended from the emergency fund authorized by this section unless—

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

“(ii) the Secretary has received an application from the State transportation department that includes a comprehensive list of all eligible project sites and repair costs by not later than 6 years after the natural disaster or catastrophic failure.

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

“(3) SPECIAL RULE FOR BRIDGE PROJECTS.—In no case shall funds be used under this section for the repair or reconstruction of a bridge—

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

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

(5) in subsection (e)—

(A) by striking paragraph (1);

(B) in paragraph (2) by striking “subsection (d)(1)” and inserting “subsection (c)(1)”; and

(C) by redesignating paragraphs (2) and (3), as amended, as paragraphs (1) and (2), respectively;

(6) by redesignating subsections (c) through (g), as amended, as subsections (b) through (f), respectively; and

(7) by adding at the end the following:

“(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) Conforming amendments.—

(1) FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.—Section 201(c)(8)(A) of title 23, United States Code, is amended by striking “section 125(e)” and inserting “section 125(g)”.

(2) TRIBAL TRANSPORTATION PROGRAM.—Section 202(b)(6)(A) of title 23, United States Code, is amended by striking “section 125(e)” and inserting “section 125(d)”.

(a) In general.—Section 130 of title 23, United States Code, is amended—

(1) in the section heading by striking “Railway-highway crossings” and inserting “Railway crossings”;

(2) in subsection (a)—

(A) by striking “Subject to section 120 and subsection (b) of this section, the entire” and inserting “In general.—The”;

(B) by striking “then the entire” and inserting “the”; and

(C) by striking “, subject to section 120 and subsection (b) of this section,”;

(3) by amending subsection (b) to read as follows:

“(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.”;

(4) in subsection (c)—

(A) by striking “Any railroad involved” and inserting “Benefit.—Any railroad involved”;

(B) by striking “the net benefit” and inserting “the cost associated with the benefit”; and

(C) by striking “Such payment may consist in whole or in part of materials and labor furnished by the railroad in connection with the construction of such project.”;

(5) by striking subsection (e) and inserting the following:

“(e) Railway crossings.—

“(1) ELIGIBLE ACTIVITIES.—Funds apportioned to a State under section 104(b)(7) may be obligated for the following:

“(A) The elimination of hazards at 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.”;

(6) by striking subsection (f) and inserting the following:

“(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.”;

(7) by striking subsection (g) and inserting the following:

“(g) Report.—

“(1) STATE REPORT.—

“(A) IN GENERAL.—Not later than 2 years after the date of enactment of the INVEST in America Act, and at least biennially thereafter, each State shall submit to the Secretary a report on the progress being made to implement the railway crossings program authorized by this section and the effectiveness of such 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.”;

(8) in subsection (j)—

(A) in the heading by inserting “and pedestrian” after “Bicycle”; and

(B) by inserting “and pedestrian” after “bicycle”; and

(9) in subsection (l)—

(A) in paragraph (1) by striking “Not later than” and all that follows through “each State” and inserting “Not later than 6 months after a new railway crossing becomes operational, each State”; and

(B) in paragraph (2) by striking “On a periodic” and all that follows through “every year thereafter” and inserting “On or before September 30 of each year”.

(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code, is amended by amending the item relating to section 130 to read as follows:

“130. Railway crossings.”.

(c) GAO study.—Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes an analysis of the effectiveness of the railway crossing program under section 130 of title 23, United States Code.

(d) Sense of Congress relating to trespasser deaths along railroad rights-of-way.—It is the sense of Congress that the Department of Transportation should, where feasible, coordinate departmental efforts to prevent or reduce trespasser deaths along railroad rights-of-way and at or near railway-highway crossings.

(a) In general.—Section 133 of title 23, United States Code, is amended—

(1) in the heading by striking “block grant”;

(2) in subsection (a) by striking “block grant”;

(3) in subsection (b)—

(A) by striking “block grant”;

(B) in paragraph (4) by striking “railway-highway grade crossings” and inserting “projects eligible under section 130 and installation of safety barriers and nets on bridges”;

(C) in paragraph (6)—

(i) by striking “Recreational” and inserting “Transportation alternatives projects eligible under subsection (h), recreational”; and

(ii) by striking “1404 of SAFETEA–LU (23 U.S.C. 402 note)” and inserting “211”; and

(D) by adding at the end the following:

“(16) Protective features (including natural infrastructure) to enhance the resiliency of a transportation facility otherwise eligible for assistance under this section.

“(17) Projects to reduce greenhouse gas emissions eligible under section 171, including the installation of electric vehicle charging infrastructure.

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

(4) in subsection (c)—

(A) by striking “block grant” and inserting “program”;

(B) by striking paragraph (3) and inserting the following:

“(3) for a project described in—

“(A) subsection (h); or

“(B) section 101(a)(29), as in effect on the day before the date of enactment of the FAST Act;”;

(C) by redesignating paragraph (4) as paragraph (5); and

(D) by inserting after paragraph (3) the following:

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

(5) in subsection (d)—

(A) in paragraph (1)—

(i) by inserting “each fiscal year” after “apportioned to a State”;

(ii) by striking “the reservation of” and inserting “setting aside”; and

(iii) in subparagraph (A)—

(I) by striking “the percentage specified in paragraph (6) for a fiscal year” and inserting “55 percent”;

(II) in clause (i) by striking “of over” and inserting “greater than”; and

(III) by striking clauses (ii) and (iii) and inserting the following:

“(ii) in urbanized areas of the State with an urbanized area population greater than 49,999 and less than 200,001;

“(iii) in urban areas of the State with a population greater than 4,999 and less than 50,000; and

“(iv) in other areas of the State with a population less than 5,000; and”;

(B) by striking paragraph (3) and inserting the following:

“(3) LOCAL COORDINATION AND CONSULTATION.—

“(A) COORDINATION WITH METROPOLITAN PLANNING ORGANIZATIONS.—For purposes of paragraph (1)(A)(ii), a State shall—

“(i) establish a process to coordinate with all metropolitan planning organizations in the State that represent an urbanized area described in such paragraph; and

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

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

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

(C) in the heading for paragraph (4) by striking “over 200,000” and inserting “greater than 200,000”;

(D) by striking paragraph (6) and inserting the following:

“(6) TECHNICAL ASSISTANCE.—

“(A) IN GENERAL.—The State and all metropolitan planning organizations in the State that represent an urbanized area with a population of greater than 200,000 shall jointly establish a program to improve the ability of applicants to deliver projects under this subsection in an efficient and expeditious manner and reduce the period of time between the selection of the project and the obligation of funds for the project by providing—

“(i) technical assistance and training to applicants for projects under this subsection; and

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

“(B) ELIGIBLE FUNDS.—To carry out this paragraph—

“(i) a State shall set aside an amount equal to 1 percent of the funds available under paragraph (1)(A)(i); and

“(ii) at the request of an eligible metropolitan planning organization, the State and metropolitan planning organization may jointly agree to use additional funds available under paragraph (1)(A)(i).

“(C) USE OF FUNDS.—Amounts used under this paragraph may be expended—

“(i) directly by the State; or

“(ii) through contracts with State agencies, private entities, or nonprofit organizations.”;

(6) in subsection (e)(1)—

(A) by striking “over 200,000” and inserting “greater than 200,000”; and

(B) by striking “2016 through 2020” and inserting “2022 through 2025”;

(7) by striking subsection (f) and inserting the following:

“(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.”; and

(8) in subsection (g)(1)—

(A) by striking “subsection (d)(1)(A)(ii) for each of fiscal years 2016 through 2020” and inserting “subsection (d)(1)(A)(iv) for each fiscal year”;

(B) by inserting “rural” after “functionally classified as”; and

(C) by inserting “or on critical rural freight corridors designated under section 167(e)” after “minor collectors”.

(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 133 and inserting the following:

“133. Surface transportation program.”.

(c) Conforming amendments.—

(1) ADVANCE ACQUISITION OF REAL PROPERTY.—Section 108(c) of title 23, United States Code, is amended—

(A) in paragraph (2)(A) by striking “block grant”; and

(B) in paragraph (3) by striking “block grant”.

(2) NONDISCRIMINATION.—Section 140(b) of title 23, United States Code, is amended by striking “block grant”.

(3) PUBLIC TRANSPORTATION.—Section 142(e)(2) of title 23, United States Code, is amended by striking “block grant”.

(4) HIGHWAY USE TAX EVASION PROJECTS.—Section 143(b)(8) of title 23, United States Code, is amended in the heading by striking “block grant”.

(5) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.—Section 149(d) of title 23, United States Code, is amended—

(A) in paragraph (1)(B) by striking “block grant”; and

(B) in paragraph (2)(A) by striking “block grant”.

(6) TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.—Section 165 of title 23, United States Code, is amended—

(A) in subsection (b)(2)(A)(ii) by striking “block grant”; and

(B) in subsection (c)(6)(A)(i) by striking “block grant”.

(7) MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY DEPLOYMENT PROGRAM.—Section 322(h)(3) of title 23, United States Code, is amended by striking “block grant”.

(8) TRAINING AND EDUCATION.—Section 504(a)(4) of title 23, United States Code, is amended by striking “block grant”.

Section 133(h) of title 23, United States Code, is amended to read as follows:

“(h) Transportation alternatives program set-Aside.—

“(1) SET ASIDE.—For each fiscal year, of the total funds apportioned to all States under section 104(b)(2) for a fiscal year, the Secretary shall set aside an amount such that—

“(A) the Secretary sets aside a total amount under this subsection for a fiscal year equal to 10 percent of such total funds; and

“(B) the State’s share of the amount set aside under subparagraph (A) is determined by multiplying the amount set aside under subparagraph (A) by the ratio that—

“(i) the amount apportioned to the State for the transportation enhancement program for fiscal year 2009 under section 133(d)(2), as in effect on the day before the date of enactment of MAP–21; bears to

“(ii) the total amount of funds apportioned to all States for the transportation enhancements program for fiscal year 2009.

“(2) ALLOCATION WITHIN A STATE.—

“(A) IN GENERAL.—Except as provided in subparagraph (B), funds set aside for a State under paragraph (1) shall be obligated within that State in the manner described in subsection (d), except that, for purposes of this paragraph (after funds are made available under paragraph (5))—

“(i) for each fiscal year, the percentage referred to in paragraph (1)(A) of subsection (d) shall be deemed to be 66 percent; and

“(ii) paragraph (3) of subsection (d) shall not apply.

“(B) LOCAL CONTROL.—

“(i) IN GENERAL.—A State may make available up to 100 percent of the funds set aside under paragraph (1) to the entities described in subclause (I) if the State submits to the Secretary, and the Secretary approves, a plan that describes—

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

“(II) how the entities described in subclause (I) shall select projects for funding and how such entities shall report selected projects to the State;

“(III) the legal, financial, and technical capacity of such entities; and

“(IV) the procedures in place to ensure such entities comply with the requirements of this title.

“(ii) REQUIREMENT.—A State that makes funding available under a plan approved under this subparagraph shall make available an equivalent amount of obligation authority to the entities described in clause (i)(I).

“(3) ELIGIBLE PROJECTS.—Funds set aside under this subsection may be obligated for any of the following projects or activities:

“(A) Construction, planning, and design of on-road and off-road trail facilities for pedestrians, bicyclists, and other nonmotorized forms of transportation, including sidewalks, bicycle infrastructure, pedestrian and bicycle signals, traffic calming techniques, lighting and other safety-related infrastructure, and transportation projects to achieve compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

“(B) Construction, planning, and design of infrastructure-related projects and systems that will provide safe routes for nondrivers, including children, older adults, and individuals with disabilities to access daily needs.

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

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

“(E) Community improvement activities, including—

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

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

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

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

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

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

“(H) The recreational trails program under section 206.

“(I) The safe routes to school program under section 211.

“(J) Activities in furtherance of a vulnerable road user assessment described in section 148.

“(K) Any other projects or activities described in section 101(a)(29) or section 213, as such sections were in effect on the day before the date of enactment of the FAST Act (Public Law 114–94).

“(4) ACCESS TO FUNDS.—

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

“(B) ELIGIBLE ENTITY DEFINED.—In this paragraph, the term ‘eligible entity’ means—

“(i) a local government;

“(ii) a regional transportation authority;

“(iii) a transit agency;

“(iv) a natural resource or public land agency;

“(v) a school district, local education agency, or school;

“(vi) a tribal government;

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

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

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

“(x) a State, at the request of any entity listed in clauses (i) through (x).

“(5) CONTINUATION OF CERTAIN RECREATIONAL TRAILS PROJECTS.—

“(A) IN GENERAL.—For each fiscal year, a State shall—

“(i) obligate an amount of funds set aside under this subsection equal to 175 percent of the amount of the funds apportioned to the State for fiscal year 2009 under section 104(h)(2), as in effect on the day before the date of enactment of MAP–21, for projects relating to recreational trails under section 206;

“(ii) return 1 percent of the funds described in clause (i) to the Secretary for the administration of such program; and

“(iii) comply with the provisions of the administration of the recreational trails program under section 206, including the use of apportioned funds described in subsection (d)(3)(A) of such section.

“(B) STATE FLEXIBILITY.—A State may opt out of the recreational trails program under this paragraph if the Governor of the State notifies the Secretary not later than 30 days prior to the date on which an apportionment is made under section 104 for any fiscal year.

“(6) IMPROVING ACCESSIBILITY AND EFFICIENCY.—

“(A) IN GENERAL.—A State may use an amount equal to not more than 5 percent of the funds set aside for the State under this subsection, after allocating funds in accordance with paragraph (2)(A), to improve the ability of applicants to access funding for projects under this subsection in an efficient and expeditious manner by providing—

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

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

“(B) USE OF FUNDS.—Amounts used under subparagraph (A) may be expended—

“(i) directly by the State; or

“(ii) through contracts with State agencies, private entities, or nonprofit entities.

“(7) FEDERAL SHARE.—

“(A) FLEXIBLE MATCH.—

“(i) IN GENERAL.—Notwithstanding section 120—

“(I) the non-Federal share for a project under this subsection may be calculated on a project, multiple-project, or program basis; and

“(II) the Federal share of the cost of an individual project in this subsection may be up to 100 percent.

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

“(iii) REQUIREMENT.—This subparagraph shall only apply to a State if such State has adequate financial controls, as certified by the Secretary, to account for the average annual non-Federal share under this subparagraph.

“(B) SAFETY PROJECTS.—Notwithstanding section 120, funds made available to carry out section 148 may be credited toward the non-Federal share of the costs of a project under this subsection if the project—

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

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

“(8) FLEXIBILITY.—

“(A) STATE AUTHORITY.—

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

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

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

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

“(III) demonstrates that there were not sufficient suitable applications from eligible entities to use the funds described in clause (i).

“(B) MPO AUTHORITY.—

“(i) IN GENERAL.—A metropolitan planning organization that represents an urbanized area with a population of greater than 200,000 may use not more than 50 percent of the funds set aside under this subsection for an urbanized area described in subsection (d)(1)(A)(i) for any purpose eligible under subsection (b).

“(ii) RESTRICTION.—Funds may be used as described in clause (i) only if the Secretary certifies that the metropolitan planning organization—

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

“(II) demonstrates that there were not sufficient suitable applications from eligible entities to use the funds described in clause (i).

“(9) ANNUAL REPORTS.—

“(A) IN GENERAL.—Each State or metropolitan planning organization responsible for carrying out the requirements of this subsection shall submit to the Secretary an annual report that describes—

“(i) the number of project applications received for each fiscal year, including—

“(I) the aggregate cost of the projects for which applications are received; and

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

“(ii) the list of each project selected for funding for each fiscal year, including specifying the fiscal year for which the project was selected, the fiscal year in which the project is anticipated to be funded, the recipient, the location, the type, and a brief description.

“(B) PUBLIC AVAILABILITY.—The Secretary shall make available to the public, in a user-friendly format on the website of the Department of Transportation, a copy of each annual report submitted under subparagraph (A).”.