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”.

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.

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) MEMBER DESIGNATED PROJECT.—The term “member designated project” means a project listed in the table in section 107.

(4) MEMBER DESIGNATED PROJECT FUNDS.—The term “member designated project funds” means funds reserved under subsections (d)(1)(B)(i), (f)(1)(A), and (g)(1)(A) to carry out member designated projects listed in the table in section 107(c).

(5) SECRETARY.—The term “Secretary” means the Secretary of Transportation.

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

(7) 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.

(a) Extension of Federal Surface Transportation Programs.—

(1) IN GENERAL.—Unless 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, 2021, are incorporated by reference and shall continue in effect through September 30, 2022.

(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 2022, for each program under the covered laws with respect to which amounts are authorized to be appropriated from such account for fiscal year 2021, an amount equal to the amount authorized for appropriation with respect to the program from such account for fiscal year 2021.

(II) ADMINISTRATIVE EXPENSES.—Notwithstanding any other provision of this division, there is authorized to be appropriated from the Highway Account for fiscal year 2022—

(aa) $516,000,000 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.—

(I) IN GENERAL.—There is authorized to be appropriated from the Mass Transit Account for fiscal year 2022, for each program under the covered laws with respect to which amounts are authorized to be appropriated from such account for fiscal year 2021, an amount equal to the amount authorized for appropriation with respect to the program from such account for fiscal year 2021.

(II) 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 2022.

(B) GENERAL FUND.—

(i) IN GENERAL.—Except as provided in clauses (ii) and (iii), there is authorized to be appropriated for fiscal year 2022, for each program under covered laws with respect to which amounts are authorized to be appropriated for fiscal year 2021 from an account other than the Highway Account or the Mass Transit Account, an amount not less than the amount authorized for appropriation with respect to the program under the covered laws for fiscal year 2021.

(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 2022 $131,500,000 for necessary administrative expenses of the Federal Transit Administration.

(iii) CAPITAL INVESTMENT GRANTS.—Notwithstanding any other provision of this division, there is authorized to be appropriated from the general fund of the Treasury for fiscal year 2022 $3,250,000,000 to carry out section 5309 of title 49, United States Code.

(3) USE OF FUNDS.—Except as otherwise provided in this division, amounts authorized to be appropriated for fiscal year 2022 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 2021 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 2022 in the same amount and in the same manner as the limitation applicable with respect to the program for fiscal year 2021 under the title I of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2021 (Public Law 116–260).

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

(i) IN GENERAL.—Notwithstanding any other provision of this section, section 1102 of the FAST Act (Public Law 114–94), section 1101 of title I of division B of the Continuing Appropriations Act, 2021 and Other Extensions Act (Public Law 116–159), or title I of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2021 (Public Law 116–260), for fiscal year 2022, the obligations for Federal-aid highway and highway safety construction programs shall not exceed $46,400,294,311.

(ii) LIMITATION ON FEDERAL HIGHWAY ADMINISTRATION ADMINISTRATIVE EXPENSES.—Notwithstanding any other provision of this section, of the amount described in clause (i), for fiscal year 2022 an amount not to exceed $492,000,000 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 or transferred to the Appalachian Regional Commission for administrative activities associated with the Appalachian Development Highway System.

(b) Nationally significant freight and highway projects.—Section 117(d)(2)(A) of title 23, United States Code, is amended in the matter preceding clause (i)—

(1) by striking “$600,000,000” and inserting “$700,000,000”; and

(2) by striking “2021” and inserting “2022”.

(c) Disadvantaged business enterprises.—Section 1101(b) of the FAST Act (Public Law 114–94) (except for the requirements related to gross receipts under paragraph (2)(A)(ii) of such section) shall apply to amounts made available under sections 102, 103, 104 of this division.

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

(1) Section 1101 of title I of division B of the Continuing Appropriations Act, 2021 and Other Extensions Act (Public Law 116–159).

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

(3) 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).

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

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

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

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

(8) 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).

(9) Title 23, United States Code.

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

(a) Authorization of appropriations.—

(1) IN GENERAL.—In addition to amounts authorized under section 102, there is authorized to be appropriated from the Highway Account for fiscal year 2022, for activities under this section, $14,742,808,640.

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

(b) Obligation authority.—

(1) IN GENERAL.—

(A) AMOUNT.—Notwithstanding any other provision of law, for fiscal year 2022, obligations for activities authorized under subsection (a) shall not exceed $14,742,808,640.

(B) PERIOD OF AVAILABILITY.—

(i) IN GENERAL.—Except as provided in clause (ii), obligation authority made available under this paragraph shall—

(I) remain available until September 30, 2025; and

(II) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for fiscal year 2022 under section 102 or future fiscal years under any other provision of law.

(ii) EXCEPTION.—Except as provided in subsection (i)(2)(E), obligation authority associated with a member designated project shall remain available until expended.

(2) DISTRIBUTION OF OBLIGATION AUTHORITY.—

(A) IN GENERAL.—Of the obligation authority provided under paragraph (1), the Secretary shall make available to States, Tribes, Puerto Rico, the territories, and Federal land management agencies, during the period of fiscal year 2022, amounts of obligation authority equal to the amounts described in paragraphs (1) through (5) of subsection (c), respectively.

(B) FURTHER DISTRIBUTION.—Each State, each Tribe, Puerto Rico, each territory, and each Federal land management agency receiving funds under paragraphs (1) through (5) of subsection (c), respectively, shall receive an amount of obligation authority equal to the funds received under any of such paragraphs.

(c) Distribution of funds.—Amounts authorized to be appropriated for fiscal year 2022 under subsection (a) shall be distributed as follows:

(1) $14,343,545,973 to the States.

(2) $167,481,814 to Tribes.

(3) $52,400,251 to Puerto Rico.

(4) $55,012,918 to the territories.

(5) $124,367,684 to Federal land management agencies.

(d) Supplemental State funds.—

(1) DISTRIBUTION.—

(A) AMONG STATES.—Amounts distributed to States under subsection (c)(1) 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 2022.

(B) WITHIN A STATE.—Of the amount distributed to a State under subparagraph (A)—

(i) the amount specified in section 107 for each member designated project in the State shall be reserved to carry out such project; and

(ii) any remaining amount shall be available to the State under paragraph (2).

(2) TREATMENT.—Funds made available under paragraph (1)(B)(ii) shall be—

(A) available for activities eligible under section 133(b) of title 23, United States Code, subject to subsection (c) of such section; and

(B) administered as if apportioned under chapter 1 of title 23, United States Code.

(e) Tribal funds.—Amounts distributed to Tribes under subsection (c)(2) shall be—

(1) available for activities eligible under the tribal transportation program under section 202 of title 23, United States Code; and

(2) administered as if allocated under section 202 of title 23, United States Code, except that the set-aside described in subparagraph (C) of section 202(b)(3) of such title and subsections (a)(6), (c), (d), and (e) of section 202 of such title shall not apply to such funds.

(f) Puerto Rico funds.—

(1) DISTRIBUTION.—Of the amount distributed to Puerto Rico under subsection (c)(3)—

(A) the amount specified in section 107 for each member designated project in Puerto Rico shall be reserved to carry out such project; and

(B) any remaining amount shall be available to Puerto Rico under paragraph (2).

(2) TREATMENT.—Funds made available under paragraph (1)(B) shall be—

(A) administered as if allocated under section 165(b) of title 23, United States Code;

(B) available for activities described under paragraph (2)(C)(iii) of such section; and

(C) not subsection to subparagraph (A) or (B) of paragraph (2) of such section.

(g) Territorial funds.—

(1) DISTRIBUTION.—Of the amount distributed to a territory under subsection (c)(4)—

(A) the amount specified in section 107 for each member designated project in the territory shall be reserved to carry out such project;

(B) of amounts remaining after the distribution under subparagraph (A), not more than $1,392,918 shall be made available to American Samoa; and

(C) any remaining amount shall be available to the territories as described under paragraph (2).

(2) TREATMENT.—Funds made available under subparagraphs (B) and (C) of paragraph (1) shall be administered as if allocated under, and available for activities described under, section 165(c) of title 23, United States Code.

(h) Federal land management agency funds.—

(1) DISTRIBUTION.—Amounts distributed under subsection (c)(5) shall be distributed among the Federal land management agencies as follows:

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

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

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

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

(2) TREATMENT.—Funds made available under paragraph (1) shall be—

(A) available for activities eligible under the Federal lands transportation program under section 203 of title 23, United States Code; and

(B) administered as if allocated under section 203 of title 23, United States Code.

(i) Member designated projects.—

(1) TREATMENT.—

(A) IN GENERAL.—Member designated project funds shall be available until expended, except as specified in paragraph (2)(C)(iv).

(B) REQUIREMENTS.—

(i) IN GENERAL.—Except as specified in paragraph (2)(C)(iv) or clauses (ii) or (iii), member designated project funds shall be administered as if apportioned—

(I) for a project eligible under chapter 1 of title 23, United States Code, under such chapter;

(II) for a project eligible under chapter 2 of title 23, United States Code, under such chapter; or

(III) for a project eligible under chapter 53 of title 49, United States Code, under such chapter.

(ii) FEDERAL SHARE.—Notwithstanding any other provision of law, the Federal share of the cost of a project assisted with member designated project funds shall be determined in accordance with section 120 of title 23, United States Code, or, in the case of a transit capital project, may be determined in accordance with section 5323(i)(1) of title 49, United States Code, if applicable.

(iii) TRANSIT PROJECTS.—

(I) TRANSFERS.—Member designated project funds made available for transit capital and planning projects may be transferred to, and administered by, the Secretary in accordance with section 104(f) of title 23, United States Code.

(II) DESIGNATED RECIPIENTS.—Member designated project authorizations specified in section 107 distributed to a State for transit capital and planning projects shall be made available for obligation to a designated or direct recipient or subrecipient under chapter 53 of title 49, United States Code, as specified in section 107 or, if no such eligible recipient is identified, to the designated recipient in the location specified in such section.

(2) REPURPOSING OF FUNDS.—

(A) IN GENERAL.—

(i) REQUEST.—Beginning on October 1, 2025, except as described in clause (ii), if less than 10 percent of the amount reserved for a member designated project for a State, Puerto Rico, or territory has been obligated, the State, Puerto Rico, or a territory, respectively, may submit to the Secretary, a request to use, under subparagraph (B)—

(I) the unobligated amount reserved for the member designated project; and

(II) the obligation authority that is associated with such amount.

(ii) COMPLETED PROJECTS.—If the project has been completed and an unobligated amount remains reserved for a member designated project, a State, Puerto Rico, or territory may submit to the Secretary certification that such project has been completed (and the Secretary shall verify such completion). Upon verification, the State, Puerto Rico, or territory, respectively, may use, under subparagraph (B)—

(I) the unobligated amount reserved for the member designated project; and

(II) the obligation authority that is associated with such amount.

(B) CONSIDERATIONS.—In making the determination under subparagraph (A)(i), the Secretary shall—

(i) consider whether the member designated project can be completed with the amount reserved for the member designated project and other committed funds;

(ii) determine whether the public entity serving as the project sponsor listed in the Committee Report, or any subsequent report superceding such Committee Report, accompanying this Act supports the proposed repurposing; and

(iii) ensure that the proposed repurposing would be used for a project with the same eligible project type.

(C) TREATMENT.—Funds for which the Secretary approves a request or verifies a completed project under subparagraph (A)—

(i) may be used and shall be treated—

(I) for a request by a State, as if such amount was made available under subsection (d)(1)(B)(ii);

(II) for a request by Puerto Rico, as if such amount was made available under subsection (f)(1)(B); and

(III) for a request by a territory, as if such amount was made available under subsection (g)(1)(C);

(ii) shall be used within the location described in subparagraph (D)(ii);

(iii) shall be subject to the Federal share specified in section 120 of title 23, United States Code, or, in the case of a transit capital project, may be determined in accordance with section 5323(i)(1) of title 49, United States Code, as applicable; and

(iv) notwithstanding paragraph (1)(A)(ii), shall remain available for obligation for a period of 3 fiscal years after the last day of the fiscal year in which the Secretary approves the request.

(D) LOCATION OF PROJECTS.—Funds for which the Secretary approves a request under subparagraph (A) shall—

(i) for funds specified in section 107 to be used within a metropolitan planning area (as such term is defined in section 134(b) of title 23, United States Code), applied to an activity within or predominantly serving such metropolitan area;

(ii) for funds specified in section 107 to be used within a political subdivision of a State, applied to an activity within or predominantly serving such political subdivision;

(iii) for funds specified in section 107 to be used within Puerto Rico, applied to an activity within Puerto Rico; and

(iv) for funds specified in section 107 to be used within a territory, applied to an activity within such territory.

(E) OBLIGATION AUTHORITY.—Notwithstanding subsection (b)(1)(B)(ii), obligation authority that is repurposed under this paragraph shall remain available for obligation for a period of 3 fiscal years after the last day of the fiscal year in which the Secretary approves the request or verifies the completed project under subparagraph (A).

(a) All stations accessibility program.—

(1) IN GENERAL.—The Secretary may make grants under this subsection to assist eligible entities in financing capital projects to upgrade accessibility for persons with disabilities by increasing the number of covered stations that meet (including exceeding) the new construction standards of title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.).

(2) ELIGIBLE COSTS.—A grant awarded under this section shall be used on a covered system for the purpose described in paragraph (1) only—

(A) for a project to repair, improve, or relocate station infrastructure at a covered station;

(B) to develop or modify a plan for pursuing public transportation accessibility projects; or

(C) to carry out other projects at covered stations that meet (including exceeding) the new construction standards of title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.).

(3) ELIGIBLE FACILITIES.—The Secretary—

(A) may not provide a grant awarded under this subsection to upgrade a station that is accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, consistent with current new construction standards under title II the Americans with Disabilities Act of 1990 (42 U.S.C. 1231 et seq.); and

(B) may provide a grant to upgrade a station that is not accessible and usable as described in paragraph (1), even if related services, programs, or activities, when viewed in entirety, are readily accessible and usable as so described.

(4) APPLICATION.—To apply for a grant under this subsection, an applicant shall provide to the Secretary such information as the Secretary may require, including, at a minimum, information on—

(A) the extent to which the proposed project will increase the accessibility of a covered system;

(B) projected improvements in access to jobs, community activities, and essential destinations provided by such project;

(C) the applicant’s plans to—

(i) enhance the customer experience and maximize accessibility of rolling stock and stations for individuals with disabilities;

(ii) improve the operations of, provide efficiencies of service to, and enhance the public transportation system for individuals with disabilities; and

(iii) address equity of service to all riders regardless of ability, including for riders of differing abilities that are low-income, seniors, or riders from communities of color; and

(D) coordination between the applicant and disability advocacy entities.

(5) FEDERAL SHARE.—The Federal share of the net project cost of a grant provided under this subsection shall be 90 percent. The recipient may provide additional local matching amounts.

(6) GRANT REQUIREMENTS.—Except as otherwise provided under this subsection, a grant provided under this subsection shall be subject to the requirements of section 5307 of title 49, United States Code.

(7) GRANT SOLICITATION.—The Secretary may provide funds authorized under this subsection through 1 or more notices of funding opportunity.

(8) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated from the Mass Transit Account $1,000,000,000 for fiscal year 2022 to provide grants under this subsection.

(9) AVAILABILITY OF AMOUNTS.—Amounts made available under this subsection shall be available for a period of 4 fiscal years after the fiscal year in which the amount is made available.

(10) DEFINITIONS.—In this section:

(A) COVERED STATION.—The term “covered station” means a rail fixed guideway public transportation station for passenger use constructed prior to the date of enactment of this Act.

(B) COVERED SYSTEM.—The term “covered system” means a rail fixed guideway public transportation system that was in operation before July 26, 1990.

(C) DISABILITY.—The term “disability” has the meaning given such term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).

(D) ELIGIBLE ENTITY.—The term “eligible entity” means a State or local governmental authority that operates a rail fixed guideway public transportation system that was in operation before July 26, 1990.

(b) Reducing transit deserts.—

(1) IN GENERAL.—The Secretary may make grants under this subsection to eligible recipients for eligible projects to establish new bus service or increase the frequency of bus service.

(2) ELIGIBLE PROJECTS.—Eligible projects under this subsection are projects in eligible areas—

(A) to establish or enhance bus service with headways equal to or shorter than 20 minutes for at least 18 hours per day in neighborhoods lacking such service; or

(B) to establish or increase express lane transit service that connects communities to jobs and essential destinations, as long as such service will improve mobility or expand affordable transportation options in underserved communities.

(3) ELIGIBLE COSTS.—Eligible costs under this section include—

(A) acquisition of vehicles;

(B) acquisition, installation, and construction of bus stops, stations, and related infrastructure;

(C) construction or expansion of maintenance facilities to support the new or enhanced service;

(D) maintenance activities to support the expanded service; and

(E) operating expenses for up to 2 years beginning on the first day of revenue service.

(4) APPLICATION.—To apply for a grant under this subsection, an applicant shall provide to the Secretary such information as the Secretary may require, including information on the extent to which the project will—

(A) provide reliable and frequent connections to jobs and essential destinations;

(B) reduce air pollution and greenhouse gas emissions; and

(C) support unserved and underserved populations and communities.

(5) FEDERAL SHARE.—

(A) IN GENERAL.—The Federal share of the net project cost of a capital project carried out using a grant under this subsection shall be 80 percent. The recipient may provide additional local matching amounts.

(B) OPERATING COSTS.—The Federal share of net operating costs for a project carried out using a grant under this subsection shall be not more than 50 percent.

(6) GRANT REQUIREMENTS.—

(A) IN GENERAL.—A grant under this subsection shall be subject to the requirements of section 5307 of title 49, United States Code, for eligible recipients, except operating expenses shall be eligible for funding under this subsection for 2 years beginning on the first day of revenue service in urbanized areas with populations greater than 200,000.

(B) NEW OR ENHANCED SERVICE.—The new or enhanced service funded under this subsection shall be operated for a period of at least 5 years.

(7) GRANT SOLICITATION.—The Secretary may provide funds authorized under this subsection through 1 or more notices of funding opportunity.

(8) JUSTICE40 INITIATIVE.—In making competitive grants under this subsection, the Secretary shall, to the extent practicable, have a goal that 40 percent of the overall benefits of the Federal investment flow to disadvantaged communities, consistent with sections 219 and 223 of Executive Order 14008 and related regulations, Executive Orders, and administrative guidance.

(9) AVAILABILITY OF AMOUNTS.—Any amounts made available under this subsection—

(A) shall remain available for 2 fiscal years after the fiscal year for which the amount is made available; and

(B) that remain unobligated at the end of the period described in subparagraph (A) shall be made available to other eligible projects.

(10) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated out of the Mass Transit Account $1,000,000,000 for fiscal year 2022 to provide grants under this subsection.

(11) DEFINITIONS.—In this subsection:

(A) ELIGIBLE AREA.—The term “eligible area” means a neighborhood or service area, as defined by the Secretary, within an urbanized area that has a population of more than 100,000 where fewer than 45,000 annual fixed route bus vehicle revenue miles per square mile are operated.

(B) ELIGIBLE RECIPIENT.—The term “eligible recipient” means—

(i) designated recipients that allocate funds to fixed route bus operators or express lane transit operators; or

(ii) State or local governmental entities that operate or propose to operate fixed route bus service or express lane transit.

(C) EXPRESS LANE TRANSIT.—The term “express lane transit” means an integrated combination of bus rapid transit and tolled managed lanes that allows for limited access entry of toll paying vehicles to restricted lanes, while prioritizing transit’s need and use of available capacity in order to improve transit performance.

(c) Federal share adjustments.—

(1) IN GENERAL.—In addition to amounts made available under section 5338(b) of title 49, United States Code, and section 102(a)(2)(B)(iii) of this division, there are authorized to be appropriated for fiscal year 2022 such sums as may be necessary to increase the Federal share, at the request of the project sponsor, of a new fixed guideway, a core capacity improvement, or a small starts project that is not open to revenue service and that has received an allocation of funding in fiscal years 2019, 2020, or 2021.

(2) CONSIDERATIONS.—In making allocations under subparagraph (1), the Secretary shall take into consideration the extent to which the project sponsor demonstrates a need for a higher Federal share, including the extent to which—

(A) a project sponsor made a local financial commitment that exceeded the required non-Federal share of the cost of the project;

(B) a project sponsor has experienced, as a result of the coronavirus public health emergency, a loss of non-Federal revenues that were intended to support the project.

(3) ADJUSTMENT.—Notwithstanding any other provision of law, the Secretary may increase the Federal share of a project under this section by up to 30 percent, up to a maximum of an 80 percent Federal share.

(4) AMOUNT.—Amounts distributed under this subsection shall be provided notwithstanding the limitation of any calculation of the maximum amount of Federal financial assistance for the project for a new fixed guideway, a core capacity improvement, or a small start project.

(a) Special funding for fiscal year 2022.—

(1) IN GENERAL.—

(A) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts authorized under section 102, there is authorized to be appropriated from the Highway Account for fiscal year 2022, 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 2022, obligations for activities authorized under this paragraph and obligations for activities authorized under section 102(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 2022 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) 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, fiscal year 2022, 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.

(a) Special funding for fiscal year 2022.—

(1) AUTHORIZATION OF APPROPRIATIONS.—

(A) IN GENERAL.—In addition to amounts authorized under section 102, there is authorized to be appropriated from the Highway Account for fiscal year 2022, for activities under this subsection, $209,900,000.

(B) OBLIGATION LIMITATION.—Notwithstanding any other provision of law, for fiscal year 2022, 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 2022 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.—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) 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—

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

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

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

(a) Member designated projects.—The amount listed for each member designated project in the table in subsection (c) shall be available (from amounts made available by paragraphs (1), (3), and (4) of section 103(c)) for fiscal year 2022 to carry out each such project.

(b) Savings clause.—

(1) ADDITIONAL INFORMATION.—In administering member designated projects, the Secretary shall consider the additional information provided in the Committee Report, or any subsequent report superceding such Committee Report, accompanying this Act.

(2) SUBSEQUENT PHASES.—

(A) IN GENERAL.—Subject to subparagraph (B), nothing in the table in subsection (c), or in the Committee Report, or any subsequent report superceding such Committee Report, accompanying this Act, shall prevent the Secretary, at the discretion of the Secretary, from allowing a subsequent phase of a member designated project to be carried out with funds reserved for such project under subsection (c).

(B) PROJECT SPONSOR CONCURRENCE.—The Secretary shall only allow under this paragraph a subsequent phase of a member designated project to be carried out with funds reserved for such project under subsection (c) with the concurrence of the project sponsor for such project listed in the Committee Report accompanying this Act,

(3) REPURPOSING.—Nothing in the table in subsection (c), or the Committee Report, or any subsequent report superceding such Committee Report, accompanying this Act, shall prevent funds reserved for a member designated project from being repurposed as described in section 103(i)(2), provided that all requirements in such section are satisfied.

(c) Project designations.—[To be supplied.]

(a) Applicability.—This division, including the amendments made by this division, applies beginning on October 1, 2022.

(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, 2022.

(c) Exception for immediate application.—Subsections (a) and (b) shall not apply to the following sections and any amendments made by such sections:

(1) Section 1105.

(2) Section 1107.

(3) Section 1305.

(4) Subsections (c)(1) and (d) of section 2104.

(5) Section 2106.

(6) Section 2112.

(7) Section 2204(1)(A).

(8) Section 2305.

(9) Section 2307.

(10) Section 2902(2).

(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 clean corridors program under section 151 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) $56,522,048,429 for fiscal year 2023;

(B) $57,480,646,776 for fiscal year 2024;

(C) $58,595,359,712 for fiscal year 2025; and

(D) $59,618,666,186 for fiscal year 2026.

(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, $250,000,000 for each of fiscal years 2023 through 2026.

(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 2023 through 2026.

(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 2023 through 2026.

(B) FEDERAL LANDS TRANSPORTATION PROGRAM.—

(i) IN GENERAL.—For the Federal lands transportation program under section 203 of title 23, United States Code, $555,000,000 for each of fiscal years 2023 through 2026.

(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 2023 through 2026;

(II) the amount for the United States Fish and Wildlife Service is $50,000,000 for each of fiscal years 2023 through 2026;

(III) the amount for the United States Forest Service is $50,000,000 for each of fiscal years 2023 through 2026;

(IV) the amount for the Corps of Engineers is $16,000,000 for each of fiscal years 2023 through 2026;

(V) the amount for the Bureau of Land Management is $16,000,000 for each of fiscal years 2023 through 2026;

(VI) the amount for the Bureau of Reclamation is $16,000,000 for each of fiscal years 2023 through 2026; and

(VII) the amount for independent Federal agencies with natural resource and land management responsibilities is $7,000,000 for each of fiscal years 2023 through 2026.

(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 2023 through 2026.

(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 2023 through 2026.

(5) TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.—For the territorial and Puerto Rico highway program under section 165 of title 23, United States Code, the amounts specified in paragraphs (1) and (2) of section 165(a) for each of fiscal years 2023 through 2026.

(6) PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.—For projects of national and regional significance under section 117 of title 23, United States Code, $3,000,000,000 for each of fiscal years 2023 through 2026.

(7) COMMUNITY TRANSPORTATION INVESTMENT GRANTS.—To carry out section 173 of title 23, United States Code, $600,000,000 for each of fiscal years 2023 through 2026.

(8) COMMUNITY CLIMATE INNOVATION GRANTS.—To carry out section 172 of title 23, United States Code, $250,000,000 for each of fiscal years 2023 through 2026.

(9) NATIONAL SCENIC BYWAYS PROGRAM.—To carry out section 162 of title 23, United States Code, $16,000,000 for each of fiscal year 2023 through 2026.

(10) REBUILD RURAL BRIDGES PROGRAM.— To carry out section 1307 of this Act, $250,000,000 for each of fiscal years 2023 through 2026.

(11) PARKING FOR COMMERCIAL MOTOR VEHICLES.—To carry out section 1308 of this Act, $250,000,000 for each of fiscal years 2023 through 2026.

(12) ACTIVE CONNECTED TRANSPORTATION GRANT PROGRAM.—To carry out section 1309 of this Act, $250,000,000 for each of fiscal years 2023 through 2026.

(13) WILDLIFE CROSSINGS PROGRAM.—To carry out section 1310 of this Act, $100,000,000 for each of fiscal years 2023 through 2026.

(14) RECONNECTING NEIGHBORHOODS PROGRAM.—To carry out section 1311 of this Act, $750,000,000 for each of fiscal years 2023 through 2026.

(15) METRO PERFORMANCE PROGRAM.—To carry out section 1305 of this Act, $250,000,000 for each of fiscal years 2023 through 2026.

(16) GRIDLOCK REDUCTION GRANT PROGRAM.—To carry out section 1306 of this Act, $500,000,000 for fiscal year 2023.

(b) Treatment of funds.—Amounts made available under paragraphs (10) through (14) of subsection (a) 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) [To be supplied.] for fiscal year 2023;

(2) [To be supplied.] for fiscal year 2024;

(3) [To be supplied.] for fiscal year 2025; and

(4) [To be supplied.] for fiscal year 2026.

(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 2022, 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 2023 through 2026, 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 2023 through 2026, 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 2023 through 2026, 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 2026, 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 2023 through 2026—

(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 2023 through 2026, 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), (4), (5), (7), (9), (11), (12), (13), (14), (15), (17), (18), (19), (20), (21), (22), (24), (25), (26), (27), (29), (30), (33), (34), (35), (36), (37), (38), (39), (43), (44), (45), (46), and (47), 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 before paragraph (4), as so redesignated, the following:

“(3) AREAS OF PERSISTENT POVERTY.—The term ‘areas of persistent poverty’ means—

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

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

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

(D) by inserting after paragraph (5), as so redesignated, the following:

“(6) 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.”;

(E) in paragraph (7)(A), as so redesignated, by inserting “assessing resilience,” after “surveying,”;

(F) by inserting after paragraph (7), as so redesignated, the following:

“(8) 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.”;

(G) by inserting after paragraph (9), as so redesignated, the following:

“(10) 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).”;

(H) by inserting after paragraph (15), as so redesignated, the following:

“(16) 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)).”;

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

“(23) 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.”;

(J) by inserting after paragraph (27), as so redesignated, the following:

“(28) PROTECTIVE FEATURE.—

“(A) IN GENERAL.—The term ‘protective feature’ means an improvement to a highway, bridge, or other transportation facility designed to increase resilience or mitigate the risk of recurring damage or the cost of future repairs from climate change effects (including sea level rise), flooding, and extreme events or other natural disasters (including wildfires, seismic activity, and landslides).

“(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;

“(x) the use of natural infrastructure;

“(xi) integration of the use of traditional and natural infrastructure features;

“(xii) undergrounding public utilities in the course of other infrastructure improvements eligible under this title; and

“(xiii) permeable pavements for stormwater management.”;

(K) by inserting after paragraph (30), as so redesignated, the following:

“(31) 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.).

“(32) 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

(L) by inserting after paragraph (36), as so redesignated, the following:

“(40) 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.

“(41) TRANSPORTATION DEMAND MANAGEMENT STRATEGIES.—The term ‘transportation demand management strategies’ means the use of planning, programs, policy, marketing, communications, incentives, pricing, data, and technology to shift travel mode, routes used, departure times, number of trips, and location and design work space or public attractions.

“(42) 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

(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) $530,000,000 for fiscal year 2023;

“(B) $543,000,000 for fiscal year 2024;

“(C) $557,000,000 for fiscal year 2025; and

“(D) $572,000,000 for fiscal year 2026.”;

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

“(b) Division among programs of State’s share of base apportionment.—The Secretary shall distribute the amount of the base apportionment 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), (7), and (10).

“(2) SURFACE TRANSPORTATION PROGRAM.—For the surface transportation program, 28.43 percent of the amount remaining after distributing amounts under paragraphs (4), (6), (7), and (10).

“(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), (7), and (10).

“(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 2023;

“(ii) $2,964,919,535 for fiscal year 2024;

“(iii) $3,024,217,926 for fiscal year 2025; and

“(iv) $3,078,653,849 for fiscal year 2026.

“(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), (7), and (10).

“(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 2023;

“(ii) $516,381,250 for fiscal year 2024;

“(iii) $526,708,875 for fiscal year 2025; and

“(iv) $536,189,635 for fiscal year 2026.

“(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 2023 through 2026.

“(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), (7), and (10).

“(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), (7), and (10).

“(10) CLEAN CORRIDORS.—

“(A) IN GENERAL.—For the clean corridors program, an amount determined for the State under subparagraphs (B) and (C).

“(B) TOTAL AMOUNT.—The total amount for the clean corridors program for all States shall be $1,000,000,000 for each of fiscal years 2023 through 2026.

“(C) STATE SHARE.—For each fiscal year, the Secretary shall distribute among the States the total amount for the clean corridors program under subparagraph (B) so that each State receives the amount equal to the proportion that—

“(i) the total base apportionment determined for the State under subsection (c); bears to

“(ii) the total base apportionments for all States under subsection (c).

“(c) Calculation of amounts.—

“(1) STATE SHARE.—For each of fiscal years 2023 through 2026, 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) each of—

“(I) the base apportionment; and

“(II) supplemental funds reserved under subsection (h)(1) for the highway safety improvement program; 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 2023 through 2026, 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) Supplemental funds.—

“(1) AMOUNT.—Before making an apportionment for a fiscal year under subsection (c), the Secretary shall reserve for the highway safety improvement program under section 148 $500,000,000 for each of fiscal years 2023 through 2026 for the purpose of the safe streets set-aside under section 148(m).

“(2) TREATMENT OF FUNDS.—Funds reserved under paragraph (1) and apportioned to a State under subsection (c) shall be treated as if apportioned under subsection (b)(3), and shall be in addition to amounts apportioned under such subsection.

“(i) Definitions.—In this section:

“(1) BASE APPORTIONMENT.—The term ‘base apportionment’ means—

“(A) the combined amount authorized for the covered programs; minus

“(B) the supplemental funds reserved under subsection (h) for the highway safety improvement program.

“(2) COVERED PROGRAMS.—The term ‘covered programs’ means—

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

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

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

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

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

“(F) metropolitan planning under section 134;

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

“(H) the predisaster mitigation program under section 124;

“(I) the carbon pollution reduction program under section 171; and

“(J) the clean corridors program under section 151.”.

(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, the United States Forest Service, the Corps of Engineers, the Bureau of Land Management, the Bureau of Reclamation, and independent Federal agencies with natural resource and land management responsibilities;

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

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

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

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

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

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

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

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

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

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

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

(3) in subsection (d) by inserting “and section 5324 of title 49” after “section 125”;

(4) in subsection (e)—

(A) by striking “There is authorized” and inserting “For fiscal year 2023 and each fiscal year thereafter, there is authorized”; and

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

(5) 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 200,001 individuals; or

“(IV) greater than 200,000 individuals;

“(vi) whether such project is located in an area of persistent poverty;

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

“(I) a road reconstruction project;

“(II) a new road construction project;

“(III) a new bridge construction project;

“(IV) a bridge rehabilitation project; or

“(V) a bridge replacement project; and

“(viii) the functional classification of the roadway on which such project is located.

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

“(3) STATE DATA.—

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

“(i) the amount of funding available for obligation by the State, including prior unobligated balances, at the start of the fiscal year;

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

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

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

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

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

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

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

“(4) DEFINITIONS.—In this subsection:

“(A) ACTIVE PROJECT.—

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

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

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

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

(b) 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) IN GENERAL.—If a State allows a subrecipient to exchange Federal funds provided under this title that are allocated to such subrecipient for State or local funds, the State must certify to the Secretary that the State—

“(i) has prevailing wage requirements that are comparable to the requirements under section 113 that apply to the use of such State or local funds; and

“(ii) shall ensure that the prevailing wage requirements described in clause (i) apply to the use of such State or local funds.

“(B) APPLICABILITY.—The requirements of this paragraph shall apply only if the requirements of section 113 would be applicable to a covered project if such project was carried out using Federal funds.

“(C) COVERED PROJECT DEFINED.—In this paragraph, the term ‘covered project’ means a project carried out with exchanged State or local funds as described in subparagraph (A).”;

(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). The Secretary shall redact confidential business information, as necessary, from any such information published.

“(2) NOTIFICATION.—Not later than 3 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 a description of the proposed experiment to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.

“(3) REPORT TO CONGRESS.—Not later than 2 years after the date of enactment of the INVEST in America Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that includes—

“(A) a summary of each experiment described in this subsection carried out over the previous 5 years; and

“(B) legislative recommendations, if any, based on the findings of such experiments.

“(m) Competitive grant program oversight and accountability.—

“(1) IN GENERAL.—To ensure the accountability and oversight of the discretionary grant selection process administered by the Secretary, a covered program shall be subject to the requirements of this section, in addition to the requirements applicable to each covered program.

“(2) APPLICATION PROCESS.—The Secretary shall—

“(A) develop a template for applicants to use to summarize—

“(i) project needs and benefits; and

“(ii) any factors, requirements, or considerations established for the applicable covered program;

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

“(C) make a determination, based on the evaluation made pursuant to subparagraph (B), on any ratings, rankings, scores, or similar metrics for applications made to the covered program.

“(3) NOTIFICATION OF CONGRESS.—Not less than 15 days before making a grant for a covered program, the Secretary shall notify, in writing, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on the Environment and Public Works of the Senate of—

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

“(B) a description of the review process;

“(C) for each application, the determination made under paragraph (2)(C); and

“(D) a detailed explanation of the basis for each award proposed to be selected.

“(4) NOTIFICATION OF APPLICANTS.—Not later than 30 days after making a grant for a project under a covered program, the Secretary shall send to all applicants under such covered program, and publish on the website of the Department of Transportation—

“(A) a summary of each application made to the covered program for the given round of funding; and

“(B) the evaluation and justification for the project selection, including all ratings, rankings, scores, or similar metrics for applications made to the covered program for the given round of funding during each phase of the grant selection process.

“(5) BRIEFING.—The Secretary shall provide, at the request of a grant applicant of a covered program, the opportunity to receive a briefing to explain any reasons the grant applicant was not awarded a grant.

“(6) TEMPLATE.—The Secretary shall, to the extent practicable, develop a template as described in paragraph (2)(A) for any discretionary program administered by the Secretary that is not a covered program.

“(7) COVERED PROGRAM DEFINED.—The term ‘covered program’ means each of the following discretionary grant programs:

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

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

“(C) Mobility through advanced technologies grants under section 503(c)(4).

“(D) Rebuild rural bridges program under section 1307 of the INVEST in America Act.

“(E) Parking for commercial motor vehicle grants under section 1308 of the INVEST in America Act.

“(F) Active connected transportation grants under section 1309 of the INVEST in America Act.

“(G) Wildlife crossings grants under section 1310 of the INVEST in America Act.

“(H) Reconnecting neighborhoods capital construction grants under section 1311(d) of the INVEST in America Act”..”.

(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.

(d) Improving Risk Based Stewardship and Oversight.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Highway Administration shall reference U.S. DOT Office of Inspector General Report No. ST2020035 and take the following actions, as necessary, to improve the risk based stewardship and oversight of the Federal Highway Administration:

(1) Update and implement Federal Highway Administration guidance for risk-based project involvement to clarify the requirements for its project risk-assessment process, including expectations for conducting and documenting the risk assessment and criteria to guide the reevaluation of project risks.

(2) Identify and notify division offices of the Federal Highway Administration about sources of information that can inform the project risk-assessment process.

(3) Update and implement Federal Highway Administration guidance for risk-based project involvement to clarify how the link between elevated risks and associated oversight activities, changes to oversight actions, and the results of its risk-based involvement should be documented in project oversight plans.

(4) Develop and implement a process to routinely monitor the implementation and evaluate the effectiveness of Federal Highway Administration risk-based project involvement.

(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.—

“(i) IN GENERAL.—A local jurisdiction may select the most appropriate design publication for the roadway context 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 local jurisdiction provides notification and justification of the use of such design publication to any State in which the project is located; and

“(II) the design complies with all other applicable Federal and State laws.

“(ii) REVIEW.—If a State rejects a local jurisdiction’s selection of a design publication under this subparagraph, the local jurisdiction may submit notification and justification of such use to the Secretary. The Secretary shall make a determination to approve or deny such submission not later than 90 days after receiving such submission.

“(B) STATE-OWNED ROADS.—In the case of a roadway under the ownership of the State, the local jurisdiction may select the most appropriate design publication only with the concurrence of the State.

“(C) PROGRAMMATIC BASIS.—The Secretary may consider the use of a design publication under this paragraph on a programmatic basis.”; and

(5) by adding at the end the following:

“(s) Context sensitive design.—

“(1) CONTEXT SENSITIVE DESIGN PRINCIPLES.—The Secretary shall consult with State and local officials prior to approving any roadway design publications under this section to ensure that the design publications provide adequate flexibility for a project sponsor to select the appropriate design of a roadway, consistent with context sensitive design principles.

“(2) POLICIES OR PROCEDURES.—

“(A) IN GENERAL.—Not later than 1 year after the Secretary publishes the final guidance described in paragraph (3), each State shall adopt policies or procedures to evaluate the context of a proposed roadway and select the appropriate design, consistent with context sensitive design principles.

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

“(C) CONSIDERATIONS.—The policies or procedures developed under this paragraph shall take into consideration the guidance developed by the Secretary under paragraph (3).

“(3) GUIDANCE.—

“(A) IN GENERAL.—

“(i) NOTICE.—Not later than 1 year after the date of enactment of this subsection, the Secretary shall publish guidance on the official website of the Department of Transportation on context sensitive design.

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

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

“(B) CONTENTS.—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 implement 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 facility design; and

“(v) establish model policies or procedures, consistent with the findings of such guidance, 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 addition to the contents in subparagraph (B), the guidance shall emphasize—

“(i) procedures for identifying the needs of users of all ages and abilities of a particular roadway;

“(ii) procedures for identifying the types and designs of facilities needed to serve various modes of transportation;

“(iii) safety and other benefits provided by carrying out context sensitive design principles;

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

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

“(vi) procedures for identifying the costs associated with carrying out context sensitive design principles;

“(vii) procedures for maximizing local cooperation in the introduction of context sensitive design principles and carrying out those principles; and

“(viii) procedures for assessing and modifying the facilities and operational characteristics of existing roadways to improve consistency with context sensitive design principles.

“(4) FUNDING.—Amounts made available under sections 104(b)(6) and 505 of this title may be used for States, local governments, metropolitan planning organizations, or regional transportation planning organizations to adopt policies or procedures to evaluate the context of a proposed roadway and select the appropriate design, consistent with context sensitive design principles.”.

(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 clauses (i) and (ii) 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;

“(ii) innovative construction equipment, materials, techniques, or practices, including the use of in-place recycling technology, digital 3-dimensional modeling technologies, and advanced digital construction management systems;”;

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

(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—

“(I) greenhouse gas emissions through sequestration or innovative manufacturing processes; or

“(II) local air pollution, stormwater runoff, or noise pollution;

“(vii) innovative culvert materials that are made with recycled content and demonstrate reductions in greenhouse gas emissions;

“(viii) contractual provisions that provide safety contingency funds to incorporate safety enhancements to work zones prior to or during roadway construction and maintenance activities; 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), 133(h), 148(m), 149, 151(f), and 171”; 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.—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

“(ix) 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 under this subsection, 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 requirements of this subparagraph 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 subparagraph (B), 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 subparagraph (B), 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 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 peak hour periods.

“(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; or

“(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) 35 miles per hour, in the case of a toll facility with a speed limit of 45 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 the 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) USE OF REVENUES.—A State or public authority 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”;

(D) in paragraph (9)—

(i) by striking “bus” and inserting “vehicle”; and

(ii) by striking “buses” and inserting “vehicles”; and

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

“(10) INTEROPERABILITY OF ELECTRONIC TOLL COLLECTION.—

“(A) IN GENERAL.—All toll facilities on Federal-aid highways shall provide for the regional interoperability of electronic toll collection, including through technologies or business practices.

“(B) PROHIBITION ON RESTRICTION.—No State, or any political subdivision thereof, shall restrict the information that is shared across public and private toll facility operators or their agents or contractors for purposes of facilitating, operating, or maintaining electronic toll collection programs.

“(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.

(e) Report.—Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall submit to Congress a report on the implementation of the interoperability of toll collection as required under section 1512(b) of MAP–21, including an assessment of the progress in, and barriers on, such implementation.

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”;

(B) in paragraph (5)(B) by striking “2019” and inserting “2025”; and

(C) by adding at the end the following:

“(6) EMERGENCY VEHICLES.—The public authority may allow the following vehicles to use the HOV facility if the authority establishes requirements for clearly identifying the vehicles:

“(A) An emergency vehicle that is responding to an existing emergency.

“(B) A blood transport vehicle that is transporting blood between collection points and hospitals or storage centers.”.

(2) in subsection (d)(2)(A)(i) by striking “45 miles per hour, in the case of a HOV facility with a speed limit of 50 miles per hour or greater” and inserting “35 miles per hour, in the case of a HOV facility with a speed limit of 45 miles per hour or greater”;

(3) in subsection (d)(2)(B) by striking “morning or evening weekday peak hour periods (or both)” and inserting “peak hour periods”;

(4) 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

(5) 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”;

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

(D) by striking “and manufactured products” and inserting “manufactured products, and construction materials”;

(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).

“(4) CONSIDERATION.—In conducting the review under paragraph (1), the Secretary shall consider the research on supply chains carried out under section 1112(c) of the INVEST in America Act.

“(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.

“(k) Construction materials defined.—In this section, the term ‘construction materials’ means primary materials that are commonly used in highway construction, as determined by the Secretary.”.

(b) Construction materials.—

(1) ESTABLISHMENT OF REQUIREMENTS.—The Secretary shall issue such regulations as are necessary to implement the amendment made subsection (a)(1)(D). Such regulations shall ensure the continued availability of construction materials to carry out projects under title 23, United States Code.

(2) CONSIDERATIONS.—The requirements of this section, and the amendments made by this section—

(A) shall seek to maximize jobs located in the United States;

(B) may establish domestic content requirements that increase over time, based on the current and expected future domestic availability of construction materials; and

(C) shall take into consideration the research conducted under subsection (c).

(3) APPLICABILITY.—The amendment made by subsection (a)(1)(D) shall take effect beginning on the date that the Secretary establishes the requirements described under paragraph (1).

(c) Research on supply chains.—

(1) IN GENERAL.—The Secretary shall conduct research on covered items that are commonly used or acquired under title 23, United States Code, including—

(A) construction materials;

(B) manufactured products;

(C) vehicles; and

(D) alternative fuel infrastructure and electric vehicle supply equipment.

(2) CONSIDERATIONS.—The research under paragraph (1) shall consider—

(A) the domestic availability of covered items;

(B) the supply chain for covered items.

(C) the estimated market share of covered items from—

(i) procurement under the Federal-aid highway program;

(ii) procurement under other programs administered by the Secretary of Transportation; and

(iii) other Federal procurement; and

(D) the cost differential, if any, of domestically produced covered items as compared to non-domestically produced covered items.

(3) DOMESTIC SUPPLIERS.—As part of the review under this paragraph, the Secretary may establish and maintain a list of known domestic suppliers of covered items.

(4) DEFINITION OF COVERED ITEM.—For the purposes of this section, the term “covered item” means any material or product subject to the requirements of section 313(a) of title 23, United States Code, that is commonly used in highway construction or procured under the Federal-aid highway program.

(d) 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.

(a) In general.—Section 113 of title 23, United States Code, is amended—

(1) by striking subsections (a) and (b) and inserting the following:

“(a) In general.—The Secretary shall take such action as may be necessary to ensure that all laborers and mechanics employed by contractors and subcontractors on construction work performed on projects financed or otherwise assisted in whole or in part by a loan, loan guarantee, grant, credit enhancement, or any other form of Federal assistance administered by the Secretary or the Department, including programs to capitalize revolving loan funds and subsequent financing cycles under such funds, shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267) and section 3145 of title 40.”;

(2) by redesignating subsection (c) as subsection (b); and

(3) in subsection (b), as so redesignated, by inserting “Apprenticeship and skill training programs.—” before “The provisions”.

(b) Conforming amendments.—

(1) Section 133 of title 23, United States Code, is amended by striking subsection (i).

(2) Section 167 of title 23, United States Code, is amended by striking subsection (l).

(3) Section 1401 of the MAP–21 (23 U.S.C. 137 note) is amended by striking subsection (e).

Section 326(c)(3) of title 23, United States Code, is amended—

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

(2) in subparagraph (B) by striking the period at the end and inserting “; and”; and

(3) by adding at the end the following:

Section 327 of title 23, United States Code, is amended—

(1) in subsection (a)(2)(G) by inserting “, including the payment of fees awarded under section 2412 of title 28” after “with the project”.

(2) in subsection (c)—

(A) by striking paragraph (5) and inserting the following:

“(5) except as provided under paragraph (7), have a term of not more than 5 years;”;

(B) in paragraph (6) by striking the period at the end and inserting “; and”; and

(C) by adding at the end the following:

“(7) for any State that has participated in a program under this section (or under a predecessor program) for at least 10 years, have a term of 10 years.”;

(3) in subsection (g)(1)—

(A) in subparagraph (C) by striking “annual”;

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

(C) by redesignating subparagraph (C) as subparagraph (D); and

(D) by inserting after subparagraph (B) the following:

“(C) in the case of an agreement period of greater than 5 years under subsection (c)(7), conduct an audit covering the first 5 years of the agreement period; and”; and

(4) by adding at the end the following:

(a) Definitions.—In this section:

(1) APPLICABLE BRIDGE PROJECTS.—The term “applicable bridge projects” means a project for construction, replacement, rehabilitation, preservation, or protection, other than de minimis work, as determined by the applicable State department of transportation, on a bridge project that receives financial assistance under title 23, United States Code.

(2) CERTIFIED CONTRACTOR.—The term “certified contractor” means a contracting or subcontracting firm that has been certified by an industry-wide recognized third party organization that evaluates the capability of the contractor or subcontractor to properly perform 1 or more specified aspects of applicable bridge projects described in subsection (b)(2).

(3) QUALIFIED TRAINING PROGRAM.—The term “qualified training program” means a training program in corrosion control, mitigation, and prevention that is either—

(A) offered or accredited by an organization that sets industry corrosion standards; or

(B) an industrial coatings applicator training program registered under the Act of August 16, 1937 (29 U.S.C. 50 et seq.; commonly known as the “National Apprenticeship Act”) that meets the standards of subpart A of part 29 and part 30 of title 29, Code of Federal Regulations.

(b) Applicable Bridge Projects.—

(1) QUALITY CONTROL.—A certified contractor shall carry out aspects of an applicable bridge project described in paragraph (2).

(2) ASPECTS OF APPLICABLE BRIDGE PROJECTS.—Aspects of an applicable bridge project referred to in paragraph (1) shall include—

(A) surface preparation or coating application on steel or rebar of an applicable bridge project;

(B) removal of a lead-based or other hazardous coating from steel of an existing applicable bridge project; and

(C) shop painting of structural steel or rebar fabricated for installation on an applicable bridge project.

(3) CORROSION MANAGEMENT SYSTEM.—In carrying out an applicable bridge project, a State department of transportation shall—

(A) implement a corrosion management system that utilizes industry-recognized standards and corrosion mitigation and prevention methods to address—

(i) surface preparation;

(ii) protective coatings;

(iii) materials selection;

(iv) cathodic protection;

(v) corrosion engineering;

(vi) personnel training; and

(vii) best practices in environmental protection to prevent environmental degradation and uphold public health.

(B) require certified contractors, for the purpose of carrying out aspects of applicable bridge projects described in paragraph (2), to employ a substantial number of individuals that are trained and certified by a qualified training program as meeting the ANSI/NACE Number 13/SSPC–ACS–1 standard or future versions of this standard.

(4) CERTIFICATION.—The applicable State department of transportation shall only accept bids for projects that include aspects of applicable bridge projects described in paragraph (2) from a certified contractor that presents written proof that the certification of such contractor meets the standards of SSPC QP1, QP2, and QP3 or future versions of these standards.

(c) Training program.—As a condition of entering into a contract for an applicable bridge project, each certified contractor shall provide training, through a qualified training program, for each individual who is not a certified coating applicator but that the certified contractor employs to carry out aspects of applicable bridge projects as described in subsection (b)(2).

It is the sense of Congress that—

(1) States should utilize life-cycle cost analysis to evaluate the total economic cost of a transportation project over its expected lifetime; and

(2) data indicating that future repair costs associated with a transportation project frequently total more than half of the initial cost of the project, and that conducting life-cycle cost analysis prior to construction will help States identify the most cost-effective option, improve their economic performance, and lower the total cost of building and maintaining the project.

(a) In general.—Notwithstanding chapter 1 of title 23, United States Code, electric vehicle charging infrastructure, renewable energy generation facilities, electrical transmission and distribution infrastructure, and broadband infrastructure and conduit shall be treated as a facility covered under part 645 of title 23, Code of Federal Regulations (or successor regulations), for purposes of being accommodated under section 109(l) of title 23, United States Code.

(b) State approval.—A State, on behalf of the Secretary of Transportation, may approve the accommodation of the infrastructure and facilities described in subsection (a) within any right-of-way on a Federal-aid highway pursuant to section 109(l) of title 23, United States Code.

(a) In general.—Notwithstanding any provision of title 23, United States Code, or any regulation issued by the Secretary of Transportation, section 129(a)(3) of such title shall not apply to a covered public authority that receives funding under such title for pedestrian and bike safety improvements.

(b) No toll.—A covered public authority may not charge a toll, fee, or other levy for use of such improvements.

(c) Effective date.—A covered public authority shall be eligible for the exemption under subsection (a) for 10 years after the date of enactment of this Act. Any such exemption granted shall remain in effect after the effective date described in this section.

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

(1) COVERED PUBLIC AUTHORITY.—The term “covered public authority” means a public authority with jurisdiction over a toll facility located within both—

(A) a National Scenic Area; and

(B) the National Trail System.

(2) NATIONAL SCENIC AREA.—The term “National Scenic Area” means an area of the National Forest System federally designated as a National Scenic Area in recognition of the outstanding natural, scenic, and recreational values of the area.

(3) NATIONAL TRAIL SYSTEM.—The term “National Trail System” means an area described in section 3 of the National Trails System Act (16 U.S.C. 1242).

(4) PUBLIC AUTHORITY; TOLL FACILITY.—The terms “public authority” and “toll facility” have the meanings such terms would have if such terms were included in chapter 1 of title 23, United States Code.

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 eligible under section 124, including protective features and natural infrastructure.

“(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 eligible for assistance under this section.

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

“(U) The removal, retrofit, repurposing, remediation, or replacement of a highway on the National Highway System that creates a barrier to community connectivity to improve access for multiple modes of transportation.”; 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, as defined in the State’s asset management plan, on the National Highway System;

“(B) demonstrates that the project—

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

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

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

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

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

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

(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”; and

(4) by adding at the end the following:

(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) Projects in flood-Prone areas.—Section 109 of title 23, United States Code, is further amended by adding at the end the following:

“(t) Projects in flood-Prone areas.—For projects and actions that, in whole or in part, encroach within the limits of a flood-prone area, the Secretary shall ensure that such projects and actions are—

“(1) designed and constructed in a way that takes into account, and mitigates where appropriate, flood risk by using hydrologic, hydraulic, and hydrodynamic data, methods, and analysis that integrate current and projected changes in flooding based on climate science over the anticipated service life of the asset and future forecasted land use changes; and

“(2) designed using analysis that considers the capital costs, risks, and other economic, engineering, social and environmental concerns of constructing a project in a flood-prone area.”.

(c) 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 conducted under part 667 of title 23, Code of Federal Regulations;

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

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

“(V) is consistent with and complementary of the State, Tribal, 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 any 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 conducted under part 667 of title 23, Code of Federal Regulations;

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

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

“(V) is consistent with and complementary of the State, Tribal, 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 any 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.”.

(d) 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: