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

The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.

Except as expressly provided otherwise, any reference to “this Act” contained in any division of this Act shall be treated as referring only to the provisions of that division.

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

(a) Extension of Federal surface transportation programs.—

(1) IN GENERAL.—Except as otherwise provided in this division, the requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under the covered laws, which would otherwise expire on or cease to apply after September 30, 2020, are incorporated by reference and shall continue in effect through September 30, 2021.

(2) AUTHORIZATION OF APPROPRIATIONS.—

(A) HIGHWAY TRUST FUND.—

(i) HIGHWAY ACCOUNT.—

(I) IN GENERAL.—Except as provided in subclause (II), there is authorized to be appropriated from the Highway Account for fiscal year 2021, for each program under the covered laws with respect to which amounts are authorized to be appropriated from such account for fiscal year 2020, an amount equal to the amount authorized for appropriation with respect to the program from such account for fiscal year 2020.

(II) ADMINISTRATIVE EXPENSES.—Notwithstanding any other provision of this division, there is authorized to be appropriated from the Highway Account for fiscal year 2021—

(aa) $502,897,049 for administrative expenses of the Federal Highway Administration, as described in section 104(a) of title 23, United States Code; and

(bb) $30,086,000 for grant administrative expenses of the National Highway Traffic Safety Administration, as described in section 4001(a)(6) of the FAST Act (Public Law 114–94).

(ii) MASS TRANSIT ACCOUNT.—There is authorized to be appropriated from the Mass Transit Account for fiscal year 2021, for each program under the covered laws with respect to which amounts are authorized to be appropriated from such account for fiscal year 2020, an amount equal to the amount authorized for appropriation with respect to the program from such account for fiscal year 2020.

(B) GENERAL FUND.—

(i) IN GENERAL.—Except as provided in clause (ii), there is authorized to be appropriated for fiscal year 2021, for each program with respect to which amounts are authorized to be appropriated for fiscal year 2020 from an account other than the Highway Account or the Mass Transit Account under the titles described in subsection (b)(1), an amount not less than the amount authorized for appropriation with respect to the program under such titles for fiscal year 2020.

(ii) ADMINISTRATIVE EXPENSES.—Notwithstanding any other provision of this division, there is authorized to be appropriated from the general fund of the Treasury for fiscal year 2021 $140,016,543 for administrative expenses of the Federal Transit Administration.

(3) USE OF FUNDS.—Except as otherwise provided in this division, amounts authorized to be appropriated for fiscal year 2021 with respect to a program under paragraph (2) shall be distributed, administered, limited, and made available for obligation in the same manner as amounts authorized to be appropriated with respect to the program for fiscal year 2020 under the covered laws.

(4) OBLIGATION LIMITATION.—

(A) IN GENERAL.—Except as provided in subparagraph (B), a program for which amounts are authorized to be appropriated under paragraph (2)(A) shall be subject to a limitation on obligations for fiscal year 2021 in the same amount and in the same manner as the limitation applicable with respect to the program for fiscal year 2020 under the Department of Transportation Appropriations Act, 2020 (Public Law 116–94), as in effect on December 20, 2019.

(B) FEDERAL-AID HIGHWAY AND HIGHWAY SAFETY CONSTRUCTION PROGRAMS.—

(i) IN GENERAL.—Notwithstanding any other provision of this division, section 1102 of the FAST Act (Public Law 114–94), or the Department of Transportation Appropriations Act, 2020 (Public Law 116–94), for fiscal year 2021, the obligations for Federal-aid highway and highway safety construction programs shall not exceed $46,387,191,360.

(ii) LIMITATION ON FEDERAL HIGHWAY ADMINISTRATION ADMINISTRATIVE EXPENSES.—Notwithstanding any other provision of this division, of the amount described in clause (i), for fiscal year 2021 an amount not to exceed $478,897,049, together with advances and reimbursements received by the Federal Highway Administration, shall be obligated for necessary expenses for administration and operation of the Federal Highway Administration.

(b) Definitions.—In this section, the term “covered laws” means the following:

(1) Titles I, III, IV, V, and VI of division A of the FAST Act (Public Law 114–94).

(2) Division A, division B, subtitle A of title I and title II of division C, and division E of MAP–21 (Public Law 112–141).

(3) Titles I, II, and III of the SAFETEA–LU Technical Corrections Act of 2008 (Public Law 110–244).

(4) Titles I, II, III, IV, V, and VI of SAFETEA–LU (Public Law 109–59).

(5) Titles I, II, III, IV, and V of the Transportation Equity Act for the 21st Century (Public Law 105–178).

(6) Titles II, III, and IV of the National Highway System Designation Act of 1995 (Public Law 104–59).

(7) Title I, part A of title II, title III, title IV, title V, and title VI of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240).

(8) Title 23, United States Code.

(9) Sections 116, 117, 330, and 5505 and chapters 53, 139, 303, 311, 313, 701, and 702 of title 49, United States Code.

(a) Additional amounts.—

(1) AUTHORIZATION OF APPROPRIATIONS.—

(A) IN GENERAL.—In addition to amounts authorized under section 101, there is authorized to be appropriated from the Highway Account for fiscal year 2021, for activities under this section, $14,742,808,640.

(B) CONTRACT AUTHORITY.—Amounts authorized to be appropriated under subparagraph (A) shall be available for obligation as if apportioned under chapter 1 of title 23, United States Code.

(2) OBLIGATION CEILING.—

(A) IN GENERAL.—Notwithstanding any other provision of law, for fiscal year 2021, obligations for activities authorized under paragraph (1) shall not exceed $14,742,808,640.

(B) DISTRIBUTION OF OBLIGATION AUTHORITY.—

(i) IN GENERAL.—Of the obligation authority provided under subparagraph (A), the Secretary shall make available to States, Tribes, Puerto Rico, the territories, and Federal land management agencies, during the period of fiscal year 2021, amounts of obligation authority equal to the amounts described in subparagraphs (A) through (E) of paragraph (3), respectively.

(ii) FURTHER DISTRIBUTION.—Each State, each Tribe, Puerto Rico, each territory, and each Federal land management agency receiving funds under subparagraphs (A) through (E) of paragraph (3), respectively, shall receive an amount of obligation authority equal to the funds that it receives under any of such subparagraphs.

(C) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—

(i) IN GENERAL.—Notwithstanding subparagraph (B), the Secretary shall, after August 1 of fiscal year 2021—

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

(II) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of MAP–21 (Public Law 112–141)) and 104 of title 23, United States Code.

(ii) ADMINISTRATION.—The Secretary shall administer a redistribution under clause (i) of obligation authority provided under subparagraph (B) in a similar manner as the standard August redistribution.

(iii) USE OF OBLIGATION AUTHORITY.—A State may use obligation authority that it receives pursuant to this subparagraph in the same manner that it uses obligation authority that it receives as part of the standard August redistribution.

(3) DISTRIBUTION OF FUNDS.—Amounts authorized to be appropriated for fiscal year 2021 under paragraph (1) shall be distributed as follows:

(A) $14,384,629,710 to the States.

(B) $167,481,814 to Tribes.

(C) $52,400,251 to Puerto Rico.

(D) $13,929,181 to the territories.

(E) $124,367,684 to Federal land management agencies.

(4) STATE FUNDS.—

(A) DISTRIBUTION.—

(i) IN GENERAL.—Amounts made available under paragraph (3)(A) shall be distributed among the States in the same ratio as total State apportionments under section 104(c)(1) of title 23, United States Code, in fiscal year 2020.

(ii) SUBALLOCATION.—

(I) IN GENERAL.—Amounts distributed among the States under clause (i) shall be suballocated within the State to an area described in subclause (II) in the proportion that—

(aa) the total amount of funds suballocated to such area of the State as described in such subclause for fiscal year 2020; bears to

(bb) the total amount of funds apportioned to the State for the Federal-aid highway program under section 104 of title 23, United States Code, for fiscal year 2020.

(II) AREAS DESCRIBED.—The areas described in this subclause are—

(aa) urbanized areas of the State with an urbanized area population of over 200,000;

(bb) areas of the State other than urban areas with a population greater than 5,000; and

(cc) other areas of the State.

(B) TREATMENT.—Except as otherwise provided in this paragraph, amounts made available under paragraph (3)(A) shall be administered as if apportioned under chapter 1 of title 23, United States Code.

(C) USE OF FUNDS.—Amounts made available under paragraph (3)(A) may be obligated for—

(i) eligible projects described in section 133(b) of title 23, United States Code, subject to section 133(c) of such title; and

(ii) administrative expenses, including salaries and benefits, of—

(I) the State department of transportation;

(II) a local transportation agency; or

(III) a metropolitan planning organization.

(5) TRIBAL FUNDS.—

(A) TREATMENT.—

(i) IN GENERAL.—Except as otherwise provided in this paragraph, amounts made available under paragraph (3)(B) shall be administered as if made available under section 202 of title 23, United States Code.

(ii) NONAPPLICABILITY OF CERTAIN PROVISIONS OF LAW.—Subsections (a)(6), (c), (d), and (e) of section 202 of title 23, United States Code, shall not apply to amounts made available under paragraph (3)(B).

(B) USE OF FUNDS.—Amounts made available under paragraph (3)(B) may be obligated for—

(i) activities eligible under section 202(a)(1) of title 23, United States Code; and

(ii) transportation-related administrative expenses, including salaries and benefits, of the Tribe.

(6) FUNDS FOR PUERTO RICO AND THE TERRITORIES.—

(A) TREATMENT.—

(i) IN GENERAL.—Except as otherwise provided in this paragraph, amounts made available under paragraphs (3)(C) and (3)(D) shall be administered as if allocated under sections 165(b) and 165(c), respectively, of title 23, United States Code.

(ii) NONAPPLICABILITY OF CERTAIN PROVISIONS OF LAW.—Section 165(b)(2) of title 23, United States Code, shall not apply to amounts made available to Puerto Rico under paragraph (3)(C).

(B) USE OF FUNDS.—

(i) PUERTO RICO.—Amounts made available to Puerto Rico under paragraph (3)(C) may be obligated for—

(I) activities eligible under chapter 1 of title 23, United States Code; and

(II) transportation related administrative expenses, including salaries and benefits.

(ii) TERRITORIES.—Amounts made available to a territory under paragraph (3)(D) may be obligated for—

(I) activities eligible under section 165(c)(6) of title 23, United States Code, subject to section 165(c)(7) of such title; and

(II) transportation-related administrative expenses, including salaries and benefits.

(7) FEDERAL LAND MANAGEMENT AGENCY FUNDS.—

(A) DISTRIBUTION.—Amounts made available under paragraph (3)(E) shall be distributed among the Federal land management agencies as follows:

(i) $99,494,147 for the National Park Service.

(ii) $9,949,415 for the United States Fish and Wildlife Service.

(iii) $6,301,296 for the United States Forest Service.

(iv) $8,622,826 to be allocated to the applicable Federal land management agencies as described in section 203(b) of title 23, United States Code.

(B) TREATMENT.—Amounts made available under paragraph (3)(E) shall be administered as if made available under section 203 of title 23, United States Code.

(8) DISADVANTAGED BUSINESS ENTERPRISES.—Section 1101(b) of the FAST Act (Public Law 114–94) shall apply to additional amounts made available under paragraph (1).

(b) Special rules for fiscal year 2021.—

(1) SUBALLOCATED AMOUNTS.—

(A) USE OF FUNDS.—Amounts authorized to be appropriated for fiscal year 2021 with respect to a program under section 101(a)(2)(A) that are suballocated pursuant to section 133(d)(1)(A) of title 23, United States Code, may be obligated for—

(i) eligible projects as described in section 133(b) of title 23, United States Code; or

(ii) administrative expenses, including salaries and benefits, of—

(I) a local transportation agency; or

(II) a metropolitan planning organization.

(B) OBLIGATION AUTHORITY.—

(i) IN GENERAL.—A State that is required to obligate in an urbanized area with an urbanized area population of over 200,000 individuals under section 133(d) of title 23, United States Code, funds apportioned to the State under section 104(b)(2) of such title shall make available during the period of fiscal years 2016 through 2021 an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area that is equal to the amount obtained by multiplying—

(I) the aggregate amount of funds that the State is required to obligate in the area under section 133(d) of title 23, United States Code, during the period; and

(II) the ratio that—

(aa) the aggregate amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs during the period; bears to

(bb) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to an obligation limitation) during the period.

(ii) JOINT RESPONSIBILITY.—Each State, each affected metropolitan planning organization, and the Secretary shall jointly ensure compliance with clause (i).

(2) FERRY BOAT PROGRAM.—Amounts authorized to be appropriated for fiscal year 2021 with respect to a program under section 101(a)(2)(A) that are made available for the construction of ferry boats and ferry terminal facilities under section 147 of title 23, United States Code, may be obligated—

(A) in accordance with sections 129(c) and 147 of title 23, United States Code;

(B) for administrative expenses, including salaries and benefits, of a ferry boat operator or ferry terminal facility operator eligible for Federal participation under section 129(c) of title 23, United States Code; and

(C) for operating costs associated with a ferry boat or ferry terminal facility eligible for Federal participation under section 129(c) of title 23, United States Code.

(3) NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS.—In fiscal year 2021, the program carried out under section 117 of title 23, United States Code, shall, in addition to any otherwise applicable requirements, be subject to the following provisions:

(A) MULTIMODAL PROJECTS.—Notwithstanding subsection (d)(2)(A) of such section, the limitation for projects described in such subsection shall be $600,000,000 for fiscal years 2016 through 2021.

(B) ADDITIONAL CONSIDERATIONS.—Notwithstanding subsection (h)(2) of such section, the Secretary shall not consider the utilization of non-Federal contributions.

(C) EVALUATION AND RATING.—To evaluate applications for funding under such section, the Secretary shall—

(i) determine whether a project is eligible for a grant under such section;

(ii) evaluate, through a methodology that is discernible and transparent to the public, how each application addresses the merit criteria established by the Secretary;

(iii) assign a quality rating for each merit criteria for each application based on the evaluation under clause (ii);

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

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

(D) PUBLICATION AND METHODOLOGY.—In any published notice of funding opportunity for a grant under such section, the Secretary shall include detailed information on the rating methodology and merit criteria to be used to evaluate applications.

(E) REPEAT APPLICATIONS.—

(i) BRIEFING.—The Secretary shall provide to each applicant that applied for, but did not receive, funding under such section in fiscal year 2019 or 2020, at the request of the applicant, the opportunity to receive a briefing to—

(I) explain any reasons the application was not selected for funding; and

(II) advise the applicant on how to improve the application for resubmission in fiscal year 2021 under the application criteria described in this paragraph.

(ii) SUPPLEMENTARY APPLICATION.—

(I) IN GENERAL.—An applicant for funding under such section may elect to resubmit an application from a previous solicitation with a supplementary appendix that describes how the proposed project meets the requirements of section 117 of title 23, United States Code, and this paragraph.

(II) REQUIREMENTS.—The Secretary shall ensure that applications submitted under subclause (I), including the supplementary appendix, are evaluated based on such requirements.

(F) CONGRESSIONAL NOTIFICATION.—A notification submitted pursuant to subsection (m) of such section shall include—

(i) a summary of each application submitted and, at the request of either Committee, a copy of any application submitted;

(ii) a list of any projects the Secretary determined were not eligible for funding;

(iii) a description of the specific criteria used for each evaluation, including the quality rating assigned for each eligible application submitted;

(iv) a list of all projects that advanced to the Secretary for consideration; and

(v) a detailed justification of the basis for each award proposed to be selected.

(c) Federal share.—

(1) IN GENERAL.—Except as provided in paragraph (3) and notwithstanding section 120 of title 23, United States Code, or any other provision of this division, the Federal share associated with funds described in paragraph (2) that are obligated during fiscal year 2021 may be up to 100 percent.

(2) FUNDS DESCRIBED.—The funds described in this paragraph are funds made available for the implementation or execution of Federal-aid highway and highway safety construction programs authorized under title 23 or 49, United States Code, the FAST Act (Public Law 114–94), or this division.

(3) EXCEPTIONS.—Paragraph (1) shall not apply to amounts obligated under section 115 or 117 of title 23, United States Code, or chapter 6 of such title.

(d) Administrative expenses.—

(1) SELF-CERTIFICATION AND AUDIT.—

(A) IN GENERAL.—Prior to the obligation of funds for administrative expenses pursuant to paragraph (4)(C)(ii), (5)(B)(ii), (6)(B)(i)(II), or (6)(B)(ii)(II) of subsection (a) or paragraphs (1)(A)(ii) and (2)(B) of subsection (b), a State, a Tribe, Puerto Rico, or a territory, as applicable, shall certify to the Secretary that such administrative expenses meet the requirements of such paragraphs, as applicable.

(B) AUDIT.—The Secretary may conduct an audit to review obligations of funds and liquidation of such obligations for eligible administrative expenses described under subparagraph (A).

(2) PLANNING.—Notwithstanding any other provision of law, administrative expenses described in paragraph (1)(A) shall not be required to be included in a metropolitan transportation plan, a long-range statewide transportation plan, a transportation improvement program, or a statewide transportation improvement program under sections 134 or 135 of title 23, United States Code, or chapter 53 of title 49, United States Code, as applicable.

(e) Definitions.—In this section, the following definitions apply:

(1) STANDARD AUGUST REDISTRIBUTION.—The term “standard August redistribution” means the redistribution of obligation authority that the Secretary is directed to administer under—

(A) section 1102(d) of the FAST Act (Public Law 114–94); or

(B) any Act making appropriations for the Department of Transportation for fiscal year 2021.

(2) STATE.—The term “State” means the 50 States and the District of Columbia.

(3) TERRITORY.—The term “territory” means any of the following territories of the United States:

(A) American Samoa.

(B) The Commonwealth of the Northern Mariana Islands.

(C) Guam.

(D) The United States Virgin Islands.

(4) URBAN AREA; URBANIZED AREA.—The terms “urban area” and “urbanized area” have the meanings given such terms in section 101 of title 23, United States Code.

(a) Additional amounts.—

(1) AUTHORIZATION OF APPROPRIATIONS FROM MASS TRANSIT ACCOUNT.—

(A) IN GENERAL.—In addition to amounts authorized under section 101, there is authorized to be appropriated from the Mass Transit Account for fiscal year 2021, for activities under this section, $5,794,851,538.

(B) APPORTIONMENT.—Amounts authorized under subparagraph (A) shall be apportioned in accordance with section 5310, section 5311 (other than subsections (b)(3), (c)(1)(A), and (c)(2) of such section), section 5336 (other than subsection (h)(4) of such section), section 5337, and section 5340 of title 49, United States Code, except that funds apportioned under section 5337 of such title shall be added to funds apportioned under section 5307 of such title for administration under section 5307 of such title.

(C) ALLOCATION.—The Secretary shall allocate the amounts authorized to be appropriated to sections 5307, 5310, 5311, 5337, and 5340 of title 49, United States Code, among such sections in the same ratio as funds are provided in the fiscal year 2020 appropriations.

(D) OBLIGATION LIMITATION.—Notwithstanding any other provision of law, for fiscal year 2021, obligations for activities authorized under this paragraph shall not exceed $5,794,851,538.

(2) AUTHORIZATION OF APPROPRIATIONS FROM GENERAL FUND.—In addition to amounts authorized under section 101(a)(1)(B), there is authorized to be appropriated from the general fund of the Treasury—

(A) $958,000,000 to carry out section 5309 of title 49, United States Code; and

(B) such sums as may be necessary to be made available as described in subsection (c) and that such sums shall be designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

(3) DISADVANTAGED BUSINESS ENTERPRISES.—Section 1101(b) of the FAST Act (Public Law 114–94) shall apply to additional amounts made available under this subsection.

(b) Special rules for fiscal year 2021.—

(1) USE OF FUNDS.—Notwithstanding 5307(a)(1) of title 49, United States Code, amounts made available under subsection (a)(1)(A) may be obligated for—

(A) operating expenses, including, beginning on January 20, 2020—

(i) reimbursement for operating costs to maintain service and offset lost revenue, including the purchase of personal protective equipment; and

(ii) paying the administrative leave of operations personnel due to reductions in service; and

(B) any other activity eligible under section 5307, 5310, 5311, or 5337 of title 49, United States Code.

(2) CONDITIONS.—Recipients use of funds under paragraph (1) shall—

(A) not require that operating expenses described in paragraph (1)(A) be included in a metropolitan transportation plan, long-range statewide transportation plan, a transportation improvement program, or a statewide transportation improvement program;

(B) meet the requirements of section 5333 of title 49, United States Code; and

(C) to the maximum extent possible, be directed to payroll and public transit service, unless the recipient certifies to the Secretary that such recipient has not furloughed any employees.

(3) OVERSIGHT.—

(A) Of the amounts made available to carry out this section, the percentages available for oversight in section 5338(f)(1) of title 49, United States Code, shall apply to the allocations of funds in subsection (a)(1)(C).

(B) USE OF FUNDS.—Amounts made available under subsection (a)(1)(A) shall be available for administrative expenses and program management oversight as authorized under sections 5334 and 5338(f)(2) of title 49, United States Code.

(4) ADMINISTRATION OF GRANTS.—Amounts made available under subsection (a)(1)(A) shall be administered, at the option of the recipient, as grants provided under the CARES Act (Public Law 116–136) are administered.

(c) CIG COVID–19 emergency relief program.—

(1) IN GENERAL.—From amounts made available under subsection (a)(2)(B) and notwithstanding section 5309(k)(2)(C)(ii), section 5309(a)(7)(B), or section 5309(l)(1)(B)(ii) of title 49, United States Code, at the request of a project sponsor, the Secretary shall use such sums as may be necessary to provide an additional 30 percent of total project costs for any project under—

(A) 5309(d) of title 49, United States Code, that has been approved for advancement into the engineering phase;

(B) 5309(e) of title 49, United States Code, that has entered into the project development phase or approved for advancement into the engineering phase;

(C) subsection (d) or (e) of section 5309 of title 49, United States Code, that has a full funding grant agreement entered into under either such subsection after January 1, 2017; and

(D) section 5309(h) of title 49, United States Code, that the Federal Transit Administration has a small starts grant award or agreement entered into after January, 1, 2017, or that has been recommended by the Administration for an allocation of capital investment funds that were appropriated in fiscal year 2018, 2019, or 2020.

(2) PROJECT ELIGIBILITY.—From amounts made available under subsection (a)(2)(B), the Secretary shall use such sums as may be necessary for projects under section 5309 of title 49, United States Code, that—

(A) are not eligible for funds made available under paragraph (1); and

(B) have remaining scheduled Federal funds to be appropriated under a full funding grant agreement under such section.

(3) DEFERRED LOCAL SHARE.—The Secretary shall allow a project sponsor to defer payment of the local share for any project described in paragraphs (1) and (2).

(4) TOTAL PROJECT COST.—In this subsection, the term “total project cost” means the most recent total project cost stipulated in—

(A) the full funding grant agreement;

(B) the approval into project engineering;

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

(D) the small starts grant or grant agreement; or

(E) the project rating for a small starts project that has not yet been awarded a grant or grant agreement.

(5) FEDERAL SHARE.—The Federal share of the costs of a project under this subsection may not exceed 80 percent.

(6) APPLICATION OF LAW.—For purposes of paragraph (1), the Secretary shall apply section 7001(b) of this Act when providing the additional 30 percent of total project costs to any project that meets the criteria in such section.

(d) Federal share.—

(1) IN GENERAL.—Notwithstanding chapter 53 of title 49, United States Code, or any other provision of this division, the Federal share associated with funds described in paragraph (2) that are obligated during fiscal year 2021 may be up to 100 percent.

(2) FUNDS DESCRIBED.—The funds described in this paragraph are funds made available for the implementation of transit programs authorized by chapter 53 of title 49, United States Code, the FAST Act (Public Law 114–94), or this division, excluding funds made available to projects under section 5309 of title 49, United States Code.

(e) Condition for apportionment.—No funds authorized in this division or any other Act may be used to adjust Mass Transit Account apportionments or withhold funds from Mass Transit Account apportionments pursuant to section 9503(e)(4) of the Internal Revenue Code of 1986 in fiscal year 2021.

(a) Special funding for fiscal year 2021.—

(1) IN GENERAL.—

(A) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts authorized under section 101, there is authorized to be appropriated from the Highway Account for fiscal year 2021, for activities under this subsection, $244,514,000.

(B) CONTRACT AUTHORITY.—Amounts authorized under subparagraph (A) shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code.

(C) OBLIGATION LIMITATION.—Notwithstanding any other provision of law, for fiscal year 2021, obligations for activities authorized under this paragraph and obligations for activities authorized under section 101(a)(2)(A)(i)(II)(bb) that exceed amounts authorized under section 4001(a)(6) of the FAST Act (Public Law 114–94) shall not exceed $247,783,000.

(2) DISTRIBUTION OF FUNDS.—Amounts authorized to be appropriated for fiscal year 2021 under paragraph (1) shall be distributed as follows:

(A) $105,000,000 for carrying out section 402 of title 23, United States Code.

(B) $15,312,000 for carrying out section 403 of title 23, United States Code.

(C) $19,202,000 for carrying out section 404 of title 23, United States Code.

(D) $105,000,000 for carrying out section 405 of title 23, United States Code.

(b) Special rules for fiscal year 2021.—

(1) FEDERAL SHARE.—Notwithstanding sections 120, 405(b)(2), 405(c)(2), 405(d)(2) and 405(h)(2) of title 23, United States Code, the Federal share of activities for fiscal year 2021 carried out under chapter 4 of title 23, United States Code and section 1906 of SAFETEA–LU (23 U.S.C. 402 note) shall be 100 percent.

(2) PERIOD OF AVAILABILITY.—Notwithstanding section 118(b) of title 23, United States Code, funds apportioned or allocated to a State in fiscal years 2017 and 2018 under sections 402 and 405 of title 23, United States Code, and section 1906 of SAFETEA–LU (23 U.S.C. 402 note), shall remain available for obligation in that State for a period of 4 years after the last day of the fiscal year for which the funds are authorized. Notwithstanding any other provision of law, this paragraph shall apply as if such paragraph was enacted on September 30, 2020.

(3) MAINTENANCE OF EFFORT.—Notwithstanding section 405(a)(9) of title 23, United States Code, the Secretary may waive the maintenance of effort requirements under such section for fiscal year 2021 for a State, if the Secretary determines appropriate.

(4) IN-VEHICLE ALCOHOL DETECTION DEVICE RESEARCH.—In carrying out subsection (h) of section 403 of title 23, United States Code, the Secretary may obligate from funds made available to carry out such section for fiscal year 2021 not more than $5,312,000 to conduct the research described in paragraph (1) of such subsection.

(5) COOPERATIVE RESEARCH AND EVALUATION.—Notwithstanding the apportionment formula set forth in section 402(c)(2) of title 23, United States Code, and section 403(f)(1) of title 23, United States Code, $2,500,000 of the total amount available for apportionment to the States for highway safety programs under section 402(c)(2) of title 23, United States Code, for each of fiscal years 2016 through 2021, shall be available for expenditure by the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, for a cooperative research and evaluation program to research and evaluate priority highway safety countermeasures. This paragraph shall apply as if such paragraph was enacted on October 1, 2015.

(a) Special funding for fiscal year 2021.—

(1) AUTHORIZATION OF APPROPRIATIONS.—

(A) IN GENERAL.—In addition to amounts authorized under section 101, there is authorized to be appropriated from the Highway Account for fiscal year 2021, for activities under this subsection, $209,900,000.

(B) OBLIGATION LIMITATION.—Notwithstanding any other provision of law, for fiscal year 2021, obligations for activities authorized under this paragraph shall not exceed $209,900,000.

(2) DISTRIBUTION OF FUNDS.—Amounts authorized to be appropriated for fiscal year 2021 under paragraph (1) shall be distributed as follows:

(A) Subject to section 31104(c) of title 49, United States Code—

(i) $80,512,000 for carrying out section 31102 (except subsection (l)) of title 49, United States Code);

(ii) $14,208,000 for carrying out section 31102(l) of title 49, United States Code; and

(iii) $23,680,000 for carrying out section 31313 of title 49, United States Code.

(B) $91,500,000 for carrying out section 31110 of title 49, United States Code.

(3) TREATMENT OF FUNDS.—Except as provided in subsection (b), amounts made available under this section shall be made available for obligation and administered as if made available under chapter 311 of title 49, United States Code.

(b) Special rules for fiscal year 2021.—

(1) FINANCIAL ASSISTANCE AGREEMENTS FEDERAL SHARE.—Notwithstanding chapter 311 of title 49, United States Code, or any regulations adopted pursuant to such chapter, for the duration of fiscal year 2021 with respect to all financial assistance made available under subsection (a) and section 101, the Secretary of Transportation may—

(A) reimburse recipients under section 31104(b)(2) of title 49, United States Code, in an amount that is 100 percent of the costs described in such section; and

(B) waive the maintenance of effort requirement under 31102(f) of title 49, United States Code, for all States without requiring States to request a waiver.

(2) FINANCIAL ASSISTANCE AGREEMENTS PERIOD OF AVAILABILITY.—Notwithstanding section 31104(f) of title 49, United States Code, the Secretary shall extend the periods of availability described in such section by 1 year.

(3) ADMINISTRATIVE EXPENSES.—The Administrator of the Federal Motor Carrier Safety Administration shall ensure that funds made available under subsection (a)(2)(B) are used, to the maximum extent practicable, to support—

(A) the acceleration of planned investments to modernize the Administration’s information technology and information management systems;

(B) the completion of outstanding statutory mandates required by MAP–21 (112–141) and the FAST Act (114–94); and

(C) a Large Truck Crash Causal Factors Study of the Administration.

(a) Identification.—

(1) CENTRAL TEXAS CORRIDOR.—Section 1105(c)(84) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended to read as follows:

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

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

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

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

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

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

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

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

(2) CENTRAL LOUISIANA CORRIDOR.—Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended by adding at the end the following:

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

(3) CENTRAL MISSISSIPPI CORRIDOR.—Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991, as amended by this Act, is further amended by adding at the end the following:

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

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

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

(4) MIDDLE ALABAMA CORRIDOR.—Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991, as amended by this Act, is further amended by adding at the end the following:

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

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

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

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

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

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

(5) MIDDLE GEORGIA CORRIDOR.—Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991, as amended by this Act, is further amended by adding at the end the following:

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

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

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

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

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

(b) Inclusion of certain segments on interstate system.—Section 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended in the first sentence—

(1) by inserting “subsection (c)(84),” after “subsection (c)(83),”; and

(2) by striking “and subsection (c)(90)” and inserting “subsection (c)(90), subsection (c)(91), subsection (c)(92), subsection (c)(93), and subsection (c)(94)”.

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

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.

Not later than 60 days after the date of the enactment of this Act, the Secretary of Transportation shall submit to Congress a report that includes—

(1) a description of the unique challenges that residents of areas of concentrated poverty face when riding public transportation; and

(2) an assessment of how accessible public transportation that receives Federal funds is for residents of areas of concentrated poverty.

(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.

(c) Exception for immediate application.—Subsections (a) and (b) shall not apply to section 1105 and the amendments made by such section.

(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, NATURAL GAS FUELING, PROPANE FUELING, 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) of paragraph (1) 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) despite the real improvements caused by the disadvantaged business enterprise program, minority- and women-owned businesses across the country continue to confront serious and significant obstacles to success caused by race and gender discrimination in the federally assisted surface transportation market and related markets across the United States;

(B) the continuing race and gender discrimination described in subparagraph (A) merits the continuation of the disadvantaged business enterprise program;

(C) recently, the disparities cause by discrimination against African American, Hispanic American, Asian American, Native American, and women business owners have been further exacerbated by the coronavirus pandemic and its disproportionate effects on minority- and women-owned businesses across the nation;

(D) Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and other investigative activities, scientific reports, reports issued by public and private agencies at every level of government, news reports, academic publications, reports of discrimination by organizations and individuals, and discrimination lawsuits, which continue to demonstrate that race- and gender-neutral efforts alone are insufficient to address the problem;

(E) the testimony and documentation described in subparagraph (D) demonstrate that discrimination across the United States poses an injurious and enduring barrier to full and fair participation in surface transportation-related businesses of women business owners and minority business owners and has negatively affected firm formation, development and success in many aspects of surface transportation-related business in the public and private markets; and

(F) the testimony and documentation described in subparagraph (D) provide a clear picture of the inequality caused by discrimination that continues to plague our nation and 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.—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)).

(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.

(d) Limitation on financial assistance for state-Owned enterprises.—

(1) IN GENERAL.—Funds provided under this section may not be used in awarding or exercising an option on a previously awarded contract, a contract, subcontract, grant, or loan to an entity that is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a country that—

(A) is identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of enactment of this Act;

(B) was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a priority foreign country under subsection (a)(2) of that section; and

(C) is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).

(2) EXCEPTION.—For purposes of paragraph (1), the term “otherwise related legally or financially” does not include a minority relationship or investment.

(3) INTERNATIONAL AGREEMENTS.—This subsection shall be applied in a manner consistent with the obligations of the United States under international agreements.

(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) $62,159,350,954 for fiscal year 2022;

(2) $63,121,354,776 for fiscal year 2023;

(3) $64,346,443,712 for fiscal year 2024; and

(4) $65,180,125,186 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 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 section 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) in 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 PRINCIPLES.—The term ‘context sensitive design principles’ means principles 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, transportation facilities for users, 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. 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;

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

“(x) 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.”;

(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 non-motorized users;

“(B) costs for low-income travelers; and

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

(L) by adding at the end the following:

“(45) TRANSPORTATION DEMAND MANAGEMENT; TDM.—The terms ‘transportation demand management’ and ‘TDM’ mean the use of strategies to inform and encourage travelers to maximize the efficiency of a transportation system leading to improved mobility, reduced congestion, and lower vehicle emissions.

“(46) TRANSPORTATION DEMAND MANAGEMENT STRATEGIES.—The term ‘transportation demand management strategies’ means the use of planning, programs, policy, marketing, communications, incentives, pricing, and technology to shift travel mode, routes used, departure times, number of trips, and location and design work space or public attractions.”; 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) PREDISASTER MITIGATION PROGRAM.—For the predisaster mitigation program, 2.96 percent of the amount remaining after distributing amounts under paragraphs (4), (6), and (7).

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

“(c) Calculation of amounts.—

“(1) STATE SHARE.—For each of fiscal years 2022 through 2025, the amount for each State shall be determined as follows:

“(A) INITIAL AMOUNTS.—The initial amounts for each State shall be determined by multiplying—

“(i) the combined amount authorized for appropriation for the fiscal year for the covered programs; by

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

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

“(II) the amount of those apportionments received by all States for fiscal year 2020.

“(B) ADJUSTMENTS TO AMOUNTS.—The initial amounts resulting from the calculation under subparagraph (A) shall be adjusted to ensure that each State receives an aggregate apportionment equal to at least 95 percent of the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available.

“(2) STATE APPORTIONMENT.—On October 1 of fiscal years 2022 through 2025, the Secretary shall apportion the sums authorized to be appropriated for expenditure on the covered programs in accordance with paragraph (1).”;

(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;

“(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 (a) by striking “FAST Act” and inserting “INVEST in America Act”;

(2) 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;