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—

(A) shall remain available for 4 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) 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;

(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; or

(C) to establish or enhance high-quality bus service to community colleges and Minority Serving Institutions, including Historically Black Colleges and Universities.

(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) maintenance activities to support the expanded service;

(D) adding service hours or days to existing transit 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, education and workforce training, 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) CRITERIA.—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 20 percent of the cost of the project; and

(B) a project sponsor has experienced, as a result of the coronavirus public health emergency.

(3) ADJUSTMENT.—Notwithstanding any other provision of law, if a project meets 1 or both of the criteria in paragraph (2), the Secretary shall 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, or any subsequent report superseding such 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.—The table in this subsection is as follows: