Congressional Record, June 30, 2020: floor action on S. 4116 (A bill to extend the authority for commitments for the paycheck protection progr)
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“Congressional Record, June 30, 2020: floor action on S. 4116 (A bill to extend the authority for commitments for the paycheck protection progr).”
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Congressional Record
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S
116 th CONGRESS, SECOND SESSION
United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 166 WASHINGTON, TUESDAY, JUNE 30, 2020 No. 120
House of Representatives
The House met at 9 a.m. and was extension of his own family. That that carbon dioxide pollution would
called to order by the Speaker pro tem- mindset, Mr. Speaker, encapsulates the trigger a greenhouse effect.
pore (Mr. CUELLAR). true essence of a servant’s heart. Since then, we have emitted 1.4 tril-
f After graduating from Madison- lion tons of carbon dioxide, and it has
Mayodan High School with the title of gotten hotter.
DESIGNATION OF SPEAKER PRO valedictorian, Dr. Moore attended the In 1987, the Reagan administration
TEMPORE University of North Carolina at Chapel crafted the Montreal Protocol to close
The SPEAKER pro tempore laid be- Hill where he majored in biology. Dr. the ozone hole. It used market tools to
fore the House the following commu- Moore was then accepted at Bowman solve environmental problems, and it
nication from the Speaker: Gray Wake Forest School of Medicine. worked.
Upon graduation, Dr. Moore had The Kyoto Protocol was supposed to
WASHINGTON, DC,
June 30, 2020.
many opportunities presented to him apply that logic to carbon dioxide. But
I hereby appoint the Honorable HENRY that might have awarded him more as many of you know, we then decided
CUELLER to act as Speaker pro tempore on comfort and stability in life, but for to just go collectively crazy. Scientific
this day. him, this was not the primary goal. truths got politicized. Crackpot theo-
NANCY PELOSI, Instead, he turned his gaze to return- ries got weaponized. Meanwhile, it got
Speaker of the House of Representatives. ing home to care for the teachers, fam- hotter.
f ily members, and friends who had loved Today, the Select Committee on the
him and equipped him with the nec- Climate Crisis will release a com-
MORNING-HOUR DEBATE essary tools to pursue medicine. prehensive report with a roadmap to
The SPEAKER pro tempore. Pursu- Mr. Speaker, it is clear to see that
turn this ship around. It provides pol-
ant to the order of the House of Janu- Dr. Moore not only possesses a serv-
icy recommendations to reduce carbon
ary 7, 2020, the Chair will now recog- ant’s heart, but he also understands
dioxide emissions by almost 90 percent,
nize Members from lists submitted by that service to a community is intrin-
save our country $9 trillion, and save
the majority and minority leaders for sic to bettering the lives of those
62,000 lives per year by 2050.
morning-hour debate. around us. His daughter Lindsay de-
It goes further than that. It identi-
The Chair will alternate recognition scribes him as: ‘‘A man who knows that
fies negative emission tools to take us
between the parties, with time equally he’s made in the image of God, and he
understood at a young age what it back to the sustainable carbon dioxide
allocated between the parties and each levels we had in 1985. 1985 by the way,
Member other than the majority and meant to be a servant leader in the
community he so loves.’’ is that point in history where prior to
minority leaders and the minority that point we had emitted 50 percent of
whip limited to 5 minutes, but in no Dr. Moore’s wife, Sue, and three
daughters believe that he is more than all the CO2 emissions as a species we
event shall debate continue beyond 9:50 have emitted up to this point. Back to
a.m. just a father; he is a healer, a teacher,
and a hero to the countless people he the future indeed.
f has cared for. I urge my colleagues to seize this op-
Mr. Speaker, may God continue to portunity. This is an opportunity to
RECOGNIZING DR. DONALD MOORE
bless Dr. Moore and his family as he grow the economy and to protect the
The SPEAKER pro tempore. The enters retirement. I have no doubt that environment, but more importantly, it
Chair recognizes the gentlewoman from Dr. Moore’s legacy, as well as his fu- is an opportunity to tell your children
North Carolina (Ms. FOXX) for 5 min- ture service, will continue to impact that when the times called on you to
utes. the lives of those in the community. act, you rose to that challenge.
Ms. FOXX of North Carolina. Mr. Please. Seize this opportunity.
f
Speaker, I rise to recognize Dr. Donald f
Moore of Madison, North Carolina. For CONGRESS MUST SEIZE THIS OP-
over 40 years, Dr. Moore has served as PORTUNITY TO END CLIMATE CELEBRATING INDEPENDENCE
a physician at Western Rockingham CHANGE DAY
Family Medicine. The SPEAKER pro tempore. The The SPEAKER pro tempore. The
Dr. Moore understands that God Chair recognizes the gentleman from Chair recognizes the gentleman from
humbly uses him as an instrument to Illinois (Mr. CASTEN) for 5 minutes. Alabama (Mr. BYRNE) for 5 minutes.
care for those who are entrusted to Mr. CASTEN of Illinois. Mr. Speaker, Mr. BYRNE. Mr. Speaker, this week-
him, and he believes each patient is an in 1896 Svante Arrhenius hypothesized end America will celebrate its 244th
b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m.
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Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.
H2675
.
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H2676 CONGRESSIONAL RECORD — HOUSE June 30, 2020
birthday. Unfortunately, we do so in a Martin Luther King used it in his people deserve access to clean air,
time of pandemic, a struggling econ- 1963 ‘‘I Have A Dream’’ speech, refer- clean water, and a planet free from
omy, and violent protests. But it is ring to the Declaration and to the Con- toxic pollution.
still our birthday, and we should both stitution as a promissory note to all After more than a year of hearings,
commemorate and celebrate it. Americans, which he and others of the round table discussions, and feedback
We usually do a good job in our cele- civil rights movement called upon the from people and groups across the
bration, although this year will be dif- Nation to honor. As a result of the country, we have a bold, science-based,
ferent since social distancing means we movement, Congress passed the 1964 comprehensive plan to address the cli-
will be in smaller groups, and public Civil Rights Act and in 1965 the Voting mate crisis. It sets our Nation on a
fireworks displays have been canceled. Rights Act. path to reach net-zero emissions no
I suspect most of us will find a way to I know it is fashionable now among later than mid-century and net-nega-
gather with family and close friends to our Nation’s elites to view America as tive thereafter. Our plan focuses on the
cook out and show the red, white, and evil from our birth, evil in our institu- needs of frontline communities, accel-
blue. tions, and evil in our character. That erating our transition to a 100 percent
But a commemoration is more than view is a myth untethered to the re- clean-energy economy, and opportuni-
that. Merriam-Webster defines ‘‘com- ality of our history. This myth is just ties to create good-paying jobs. Cli-
memorate’’ as ‘‘to call to remem- a false preamble to lay the groundwork mate solutions are economic solutions.
brance’’ or ‘‘to serve as a memorial of.’’ for their efforts to radically reorganize The climate crisis is an existential
How many of us will stop and remem- our society and have government run threat, and we cannot wait to act. In
ber what it meant for the Second Con- every detail of our lives all the while the Pacific Northwest, climate change
tinental Congress to not only declare piling tax upon tax upon us. Isn’t this is already our reality. Raging wildfires
our independence from Britain, but type of government what caused the each summer result in hazy skies,
also to state our reasons for doing so in Founders to declare independence in smoky conditions, and hazardous air
majestic language positing the highest the first place? These elites call them- quality comparable to some of the
ideals? selves ‘‘progressive,’’ but their plan is most polluted places on the planet. De-
Let me make a suggestion: This actually a regression to a tyrannical creased snowpack in the winter is up-
Fourth, get a copy of the Declaration central government taxing us against ending the outdoor recreation indus-
and read it. My extended family and our will. try. Our ocean is absorbing carbon di-
friends usually get together and have Despite our faults, some of which oxide and becoming more acidic, dev-
several of us read the various portions have been grievous, we are a Nation es- astating commercial fisheries. Warmer
of the Declaration out loud and then tablished upon the highest ideals which water temperatures in the Columbia
we talk about its meaning. It doesn’t has the strength of its character and River are further endangering salmon,
take much time, and we always experi- institutions to self-correct as we strive which are a fundamental part of the
ence a renewed appreciation for the toward those ideals. Our history re- identity and culture of northwest
gift that is our country. This year we peatedly demonstrates that is who we Tribes. Droughts and extreme weather
will do it virtually, in smaller groups. are. jeopardize the livelihoods of our spe-
The Declaration was meant to be David McCullough, the Pulitzer Prize cialty crop farmers who were already
read out loud. Indeed, on July 4, Con- winning author and historian, several struggling to make ends meet. Despite
gress not only voted to accept it but years ago told a gathering of those of these conditions, there are reasons to
also provided for its distribution to the us in Congress that Americans would remain hopeful.
States and to the Continental Army. be more hopeful if we only knew our As I travel across northwest Oregon,
On July 6, John Hancock as president history. How true. Complicated and I have visited with constituents who
of Congress, sent letters to the States contradictory, yes, but it is also a his- are already hard at work to protect our
and to General Washington enclosing tory of spectacular success and of a planet. At 46 North Farms near the ma-
broadsides of the Declaration request- major force for good here and abroad. jestic Oregon coast, Teresa Retzlaff
ing that they have it ‘‘proclaimed.’’ It So this week let’s celebrate and com- and her CSA members are using dry
was read out loud to celebrations in memorate who we are. Let’s pause in farming practices to provide sustain-
dozens of cities and towns in July and the middle of our present troubles to able food and beautiful flowers for
August and to the Continental Army renew our pride as Americans and draw their community. In Hillsboro, Oregon,
on July 9 as it prepared for the British lessons from our founding and history First Tech Community Credit Union
invasion of New York. for the resolution of the issues of the constructed its headquarters out of
To some extent these events were day. And let us, like our Founders, cross-laminated timber, which creates
meant to inform and inspire the people ‘‘mutually pledge to each other our an airy and healthy workplace and is
of a newly independent Nation. But lives, our fortunes, and our sacred an example of how we can reduce emis-
then, and now, the Declaration is a de- honor.’’ sions with our choice of building mate-
fining document. It not only said we f rials while helping to revitalize rural
were an independent Nation, but also communities.
who we aspire to be. Freedom and ALL AMERICANS DESERVE AC- In Astoria, more than 100 people
equality were to be at the heart of the CESS TO CLEAN AIR, CLEAN filled a community room on a Friday
Nation’s character. And the rights WATER, AND A PLANET FREE afternoon to hear from scientists about
stated in the Declaration, life, liberty, FROM TOXIC POLLUTION how the climate crisis is affecting the
and the pursuit of the happiness, are The SPEAKER pro tempore. The health of our ocean. TriMet and Port-
clearly labeled gifts from God himself Chair recognizes the gentlewoman from land General Electric launched the re-
to all of us. Oregon (Ms. BONAMICI) for 5 minutes. gion’s first battery electric bus pow-
The story of our country is really the Ms. BONAMICI. Mr. Speaker, the ered by 100 percent renewable wind en-
unfolding of the efforts to live up to coronavirus pandemic, racial violence, ergy.
these aspirations. President Lincoln and the climate crisis have all high- In Portland, workers at Vigor con-
used it as a primary basis for arguing lighted systemic and pervasive inequal- structed a massive wave energy buoy
against slavery, as in the Gettysburg ities in our country, especially for that was deployed off the coast of Ha-
Address where he famously said: ‘‘Four Black communities and other people of waii to capture the power of our ocean
score and 7 years ago our Fathers color. Racial, economic, and climate in generating clean energy.
brought forth, on this continent, a new justice are intrinsically linked. And to mark the 50th anniversary of
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Nation, conceived in liberty, and dedi- As a member of the Select Com- Earth Day, I joined environment and
cated to the proposition that all men mittee on the Climate Crisis, I am labor leaders to discuss a green road to
are created equal.’’ As a result of the pleased to stand with my colleagues recovery that creates good-paying jobs.
Civil War these ideals were enshrined this morning to release our climate ac- These examples, and so many more, in-
in the 13th, 14th, and 15th Amendments tion plan. It is centered on the prin- formed our work on the select com-
to the Constitution. ciples of justice and equity because all mittee.
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2677
Our climate action plan is a com- joining the Tega Cay Lions Club, where These are facts. They are destroying
prehensive road map for Congress to he served as president for three terms; homes. They are taking lives. They are
build a healthy, resilient, and just his tireless work with the Lake Wylie wreaking havoc on our communities
America. By enacting our rec- Lutheran Church Community Cafe; his and communities across the planet.
ommendations, we would achieve net- activities as a member of Grace Pres- Over the last year and a half, the Se-
zero carbon pollution by no later than byterian Church, where he was active lect Committee on Climate Crisis has
mid-century, save more than 60,000 with the Meals on Wheels program, the been tasked with finding bold and
lives each year from reduced air pollu- Senior Citizens Christmas Party, the transformative solutions to tackle this
tion, and generate health and climate International Student Exchange, and global emergency.
benefits that would help save close to the Tega Cay Community Service Com- This report, the most comprehensive
$8 trillion. mittee; and the list goes on and on. report on the impact of climate change
I am also pleased to see many of our As a result of his tireless efforts, he and how to address it in the history of
recommendations, included in H.R. 2, received numerous awards, including Congress, lays out policies, legislation,
the Moving Forward Act. Firefighter of the Year in 1990, Tega and a roadmap that will put the brakes
As a leader on the Education and Cay Voluntary Fire Department Offi- on global warming while creating equi-
Labor Committee and the grand- cers Award in 2009, the Fire Chief’s table, good-paying jobs of the future,
daughter of a coal miner, I know the Award in 2010, and the Melvin Jones and, at the same time, putting Amer-
way we transition to a clean energy Fellow Humanitarian Award in 1995. He ican innovation and ingenuity first.
economy and support workers is as im- was inducted into the South Carolina The select committee has written a
portant as the transition itself. Lions Hall of Fame in 2018 and was report that identifies 12 pillars on
named the Tega Cay Citizen of the which Congress can make actionable
b 0915 Year in 2005–2006. changes and sets the U.S. on a path of
At a time when more than 47 million Dale has been married to his wife, reaching net-zero greenhouse gas emis-
workers are unemployed, our recovery Barbara, for 41 years and has five chil- sions by 2050.
package must focus on creating and re- dren and five grandchildren. The report takes a deep and wide dive
storing good-paying jobs. We have the In the words of many friends in the into all the sectors of our economy
opportunity to incorporate investment Tega Cay-Fort Mill community, ‘‘If that contribute to climate change,
in climate resilience and clean energy you need something done, just call from agriculture and transportation to
in the process. Dale.’’ how we build our buildings; to water,
As co-chair of the House Oceans Cau- Dale Watts has dedicated his entire
electric, and telecommunications in-
cus and the Congressional Estuary life in service to others and exemplifies
frastructure; to energy production,
Caucus, I am pleased that our climate the slogan ‘‘Service Above Self.’’ As a
manufacturing, tax policy, and na-
action plan recognizes the power of the result of his tireless work, the commu-
tional security.
ocean to be part of the solution. nity, the State, and the Nation are a
The impact of climate change is
The climate action plan calls for the better place to live and raise a family.
broad, and it can be addressed only
conservation of at least 30 percent of f through comprehensive and bold solu-
our ocean by 2030 to help preserve and SETTING U.S. ON PATH TO REACH tions.
protect blue carbon ecosystems that NET-ZERO GREENHOUSE GAS I am very proud that the select com-
can help serve as a natural climate so- EMISSIONS mittee offers up so many of those solu-
lution by absorbing carbon dioxide The SPEAKER pro tempore. The tions, and where solutions don’t exist,
from the atmosphere. Chair recognizes the gentlewoman from it lays out the challenge that Amer-
Our plan provides solutions to pro- California (Ms. BROWNLEY) for 5 min- ican ingenuity can and will overcome.
tect the planet and make it more resil- utes. Today, we face what appears to be an
ient for future generations. It will re- Ms. BROWNLEY of California. Mr. even more imminent crisis: a pandemic
sult in communities and an economy Speaker, in December 2017, the Thomas that has crushed the global economy
that is stronger, healthier, and fairer. fire destroyed over 280,000 acres, with and taken almost 130,000 American
Now, we must turn this roadmap into almost all of it in my district in Ven- lives and half a million lives world-
action. tura County. It is the second largest wide.
Mr. Speaker, I thank Chair CASTOR wildfire in all of California’s recorded We are struggling with long, deep ra-
and the select committee staff for their history. cial injustice and how to address it.
tireless work. The day it started, my constituents But we will rise from this darkness,
f Trisha and Jed received a terrifying and how we rise from it will impact ev-
call. Evacuation orders were just eryone on the planet, not only alive
CONGRATULATING DALE WATTS
issued. A wildfire was fast approaching today, but for generations to come.
The SPEAKER pro tempore. The their home, and their children were put I hope that we will search for solu-
Chair recognizes the gentleman from in a car and whisked away. tions that draw on the ideals that cre-
South Carolina (Mr. NORMAN) for 5 It was an unbearable week for Trisha ated this great Nation: equity, justice,
minutes. and Jed. They couldn’t stop thinking of and ingenuity.
Mr. NORMAN. Mr. Speaker, I rise what might have happened to their As we rebuild our economy, let’s do
today to celebrate the service and ac- children, all while mourning the loss of so by investing in the technologies,
complishments of Dale Watts, a resi- their home that was burned to the practices, and methods for the future
dent of Tega Cay, South Carolina. ground, including the invaluable keep- and with the urgency of now that our
Dale and his wife, Barbara, and fam- sakes Jed had just moved to the house changing climate demands.
ily have been a part of the greater Fort after his father’s passing. As we seek to right injustice and in-
Mill-Tega Cay community for over 40 Natural disasters like these are be- equity, let’s not forget the role the rise
years. coming all too common, not only in of American industry played in cre-
Dale began his career in medical Ventura County, but throughout Cali- ating some of that injustice and in-
sales, and after retiring after 30 years, fornia and the Western States. equity, as it did with the climate crisis
he entered the field of real estate with Floods, tornadoes, and hurricanes, we have before us, and let’s choose a
his wife, Barbara, where he success- from Texas to Florida and all along the path forward that rights that ship.
fully owns and manages commercial East Coast, are increasing with alarm- We are suffering now, but we should,
and residential properties. ing frequency. Glaciers in the Arctic we must, rise up with a clearer vision
dlhill on DSK120RN23PROD with HOUSE
Dale’s involvement in the commu- are melting faster than ever before. for a better future.
nity is legendary, as he has volun- Ocean temperatures have increased in Climate change provides the greatest
teered for numerous groups and civic the last three decades at a pace greater existential threat to human existence,
organizations, including joining the than recorded history. Sea level rise is but it also offers the greatest oppor-
Tega Cay Fire Department No. 56, accelerating. Atmospheric tempera- tunity for mankind and womankind to
where he became a certified firefighter; tures are also on the rise. meet that threat and to beat it.
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H2678 CONGRESSIONAL RECORD — HOUSE June 30, 2020
I know that everyone in this Cham- trict for 36 years, 33 of which were ror that we have witnessed far too
ber came here to make their mark, to spent at Cloverdale Middle School. often of Black Americans being un-
better their communities, to strength- In his tenure in the Little Rock Dis- justly killed at the hands of law en-
en our Nation. We must seize this mo- trict, Coach Davis has served as the forcement.
ment. We must seize it for Trisha and head boys basketball coach, head girls For a lot of people, the video of
Jed. We must seize it for their children. volleyball coach, and the head girls George Floyd being killed when a Min-
We must seize it for their children’s track coach. In addition, Coach Davis nesota police officer knelt on his neck
children. taught both physical education and for nearly 9 minutes was shocking and
We must show the Nation that Con- health education. put this problem front and center, as
gress is up to the task that is before us The lasting connections Coach Davis did the senseless and brutal killing of
now. We must and will act now. made with his athletes and students Breonna Taylor in Louisville.
f over the course of nearly four decades But for Black Americans, this is not
is truly inspirational. a new problem. It is just more of the
RECOGNIZING INDEPENDENT COM- On behalf of all Arkansans, I thank same, more senseless, unjust killings of
MUNITY BANKERS ASSOCIATION Coach Davis for his devotion to edu- Black Americans by abusive police offi-
The SPEAKER pro tempore. The cating and coaching our youth, and I cers, who often seem to be protected by
Chair recognizes the gentleman from congratulate him on a terrific career law enforcement systems plagued by
Arkansas (Mr. HILL) for 5 minutes. and a well-deserved retirement. structural racism.
Mr. HILL of Arkansas. Mr. Speaker, I CONGRATULATING LITTLE ROCK ON BICYCLE Black Americans shouldn’t have had
rise today to recognize the Independent FRIENDLY AWARD to wait this long for Congress to take
Community Bankers Association and Mr. HILL of Arkansas. Mr. Speaker, I action. They deserve a Congress that is
Little Rock’s Venture Center. To- rise today to recognize and congratu- responsive to this longstanding crisis,
gether, they have renewed their part- late the city of Little Rock, Arkansas, and they deserve a President who
nership and commitment to the for being awarded the Bronze-level Bi- wants to lead our Nation to a more just
ThinkTECH Accelerator program for cycle Friendly Community Award from place for people of color instead of the
an additional 3 years. the League of American Bicyclists. opposite.
The ThinkTECH Accelerator brings As a biker and former board member b 0930
community banks and fintech of Bicycle Advocacy for Central Arkan-
sas, I am pleased that my hometown No, Mr. President, white power is
innovators together to develop new
was honored for its commitment to im- nothing to celebrate.
technologies specifically for commu-
proving biking and safer streets for ev- So I am proud that the House took
nity banks and the customers they
eryone. action and a step in the right direction
serve. Not only has it received high
The Bronze-level Bicycle Friendly with the Justice in Policing Act, which
praise from local government and top
Community Award recognizes the city includes key reforms like banning
business leaders, but this renewal will
of Little Rock for creating transpor- chokeholds and no-knock warrants,
keep tech entrepreneurs coming back
tation and recreational resources that mandating the use of body cameras,
to Arkansas for mentorship and much-
benefit its residents of all ages and ending racial and religious profiling by
needed capital.
abilities while encouraging healthier the police, demilitarizing the local po-
I look forward to working alongside
and more sustainable transportation lice departments, and strengthening
the ICBA, the Venture Center, State
choices. accountability measures to hold abu-
leaders, and our entrepreneurs to con-
Mr. Speaker, I thank the League of sive police officers accountable for
tinuously aid our small banks and en-
American Bicyclists for highlighting their actions.
hance our economy here at home.
Little Rock’s efforts to make biking a Most Members of this House can
RECOGNIZING KAYLE BROWNING
safe, accessible option for people share stories of similar incidents in
Mr. HILL of Arkansas. Mr. Speaker, I their own districts, often leading to the
whether they are commuting to essen-
rise today to recognize Ms. Kayle deaths of their constituents that
tial jobs or simply enjoying our grow-
Browning’s great achievement of rep- should have been prevented. And I
ing, amazing network of trails.
resenting Arkansas and the United know that my colleagues join me in
States of America at the Tokyo Olym- f
honoring the memory of Black lives
pics as a part of Team USA’s Olympic SUPPORT STRUCTURAL CHANGE that have been unjustly lost to police
trap team. IN CRIMINAL JUSTICE SYSTEM brutality.
Kayle is from Wooster, Arkansas, and The SPEAKER pro tempore. The As I cast my vote, I carried with me
graduated from Greenbrier High Chair recognizes the gentleman from with one of Naperville’s very own, San-
School. She went on to attend the Uni- Illinois (Mr. FOSTER) for 5 minutes. dra Bland. Sandra grew up in
versity of Central Arkansas. Mr. FOSTER. Mr. Speaker, on Thurs- Naperville before moving to Texas to
Kayle started shooting at the young day of last week, I was proud to join pursue her education and earn a degree
age of 8 in the yard with her dad, who my colleagues to vote for the historic in agriculture. She then returned to Il-
is also an avid sporting clay shooter. George Floyd Justice in Policing Act. linois, where she was a brave activist
She began her target shooting career This legislation represents the first who worked for social justice and com-
in sporting clay and then made the All- of many steps we need to take to munity engagement.
America Team at the age of 12. Kayle achieve structural change in our crimi- A few days after celebrating the
also represented Arkansas and Team nal justice system, our police, and our Fourth of July with her family back in
USA as an alternate in the 2012 Olym- society. The American people are de- Naperville, Sandra went back to Texas
pics in London. manding action, and they are not in- to begin a job at her alma mater, Prai-
Kayle has shown dedication and de- terested in more studies or talking rie View A&M, a historically Black
termination over the years, and I am points or half measures. State university.
proud to have her represent our State I have been inspired by what I have On July 10, 2015, she was pulled over
on the national stage as an Olympian. seen in the Illinois communities that I on an empty suburban street for failing
I congratulate her on her achieve- represent, in places like Naperville, to signal a lane change. She was ar-
ment of joining Team USA’s Olympic Aurora, and Joliet, where people of all rested and 3 days later found hanged to
trap team. backgrounds have come together to say death in her jail cell.
RECOGNIZING COACH MARCUS DAVIS enough is enough. I have been proud to Sandra Bland should never have been
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Mr. HILL of Arkansas. Mr. Speaker, I stand with those in my district and arrested. She should be alive today and
rise today to recognize Coach Marcus across the country who are calling for looking forward to celebrating another
Davis on his recent retirement from change, and I am proud to help amplify Fourth of July with her family this
the Little Rock School District. their voices. weekend, just like George Floyd,
Coach Davis has been an integral We are all frustrated that prior ac- Breonna Taylor, and the countless
member of the Little Rock School Dis- tion was not taken to prevent the hor- Black Americans who have been the
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2679
victims of discrimination and brutality play a valuable role in our food supply the Climate Crisis all acknowledged
throughout the history of our country. chain. Food is something that connects that that is at the forefront of our
Two months before her death, Sandra all of us, and access to food is some- thinking. There is a recognition that
Bland posted a video raising awareness thing we all depend upon. demands for racial justice, long over-
about this important and deadly issue. I am proud that this is a bipartisan due and now widely acknowledged, is
‘‘Black lives matter,’’ she said. ‘‘They bill, and I would like to thank my col- more than just law enforcement and
matter. In the news that we’ve seen as league, Congressman DWIGHT EVANS criminal justice reform.
of late,’’ Sandra said, ‘‘you could stand from Philadelphia, for joining me to Racial justice means addressing the
there, surrender to the cops, and still lead this effort. dramatic health disparities that have
be killed.’’ That is what Sandra said 2 The GROCER Act is a simple way to been put in the spotlight as a result of
months before it happened to her. say thank you to these workers who the COVID–19 disaster. It means they
Well, I am here on the floor of the leave their families each day, risking must address the housing defunction in
House to say that Sandra Bland’s life exposure to the virus, in order to en- this country, the lack of affordable
mattered, George Floyd’s life sure that our families and constituents housing, a crisis of homelessness, peo-
mattered, Breonna Taylor’s life have access to the food and resources ple on the verge of losing their homes
mattered, and Black lives matter, and we need. Without these workers, mil- to eviction, and foreclosure that is
it is past time that the laws of our Na- lions of Americans would struggle to looming on the horizon.
tion reflect it. access necessities. We need more affordable housing and
f The GROCER Act is a commonsense we need more of it if we are going to
way to compensate and support our deal with those demands for racial jus-
HONORING GROCERY AND tice. We need safer, sustainable com-
CONVENIENCE STORE WORKERS grocery and convenience store workers.
The Federal tax holiday for these munities and economic justice and op-
The SPEAKER pro tempore. The portunities.
workers would put more of their hard-
Chair recognizes the gentleman from Luckily, the House this week is deal-
earned money back into their pockets
Pennsylvania (Mr. THOMPSON) for 5 ing with ways to advance a vision that
to support themselves and their fami-
minutes. addresses all of those. The climate
Mr. THOMPSON of Pennsylvania. lies.
I would like to urge my colleagues to blueprint that has been acknowledged,
Mr. Speaker, America found itself in the hard work of the Select Committee
the middle of the COVID–19 pandemic. join me in thanking these frontline
workers by supporting and cospon- on the Climate Crisis to protect the cli-
It is a crisis, the likes of which many mate, protect the planet, also has em-
have not experienced in their lifetimes. soring the GROCER Act.
bedded in it: opportunities to improve
There are those who run from the cri- f
the quality of life in every community,
sis, those who run toward it, and those REBUILDING AND RENEWING new economic opportunities that will
who find themselves right in the mid- AMERICA be widely shared, reducing costs for
dle without any say in the matter. families, and strengthening the capac-
Today, many of those in the middle The SPEAKER pro tempore. The
Chair recognizes the gentleman from ity of local government to meet their
are the men and women stocking, sani- climate challenge.
tizing, and serving our communities in Oregon (Mr. BLUMENAUER) for 5 min-
utes. H.R. 2, the handiwork of my friend
grocery and convenience stores and colleague, PETER DEFAZIO, the
throughout our country. These employ- Mr. BLUMENAUER. Mr. Speaker,
people every day are struggling to chair of the Transportation and Infra-
ees are among the unsung heroes in the structure Committee, is a modest 1,067
fight against COVID–19 who have been make sense of the most challenging
times our Nation has seen in more than pages. It is full of opportunities to re-
overlooked not only in appreciation, build and renew America in a sustain-
but also in our support. a century, and that is saying some-
able fashion, to share economic oppor-
Grocery stores and convenience thing.
tunity, to have a low-carbon future, en-
stores play a critical role in our Na- A hundred years ago, we were recov-
ergy efficiency, and electrification of
tion’s food supply chain, and reliable ering from the Spanish flu pandemic
the transportation system. Part of it
access to healthy foods is essential for that hit America hard and people
rescues the post office, replacing hun-
all Americans, as we have seen around the globe. Ten years later, we
dreds of thousands of their vehicles
throughout this crisis. had the stock market crash, the Great
with electric cars which will help build
To thank them for working around Depression, and massive unemploy-
the platform for further electrification.
the clock and putting themselves at ment. These are a variety of elements that,
risk throughout the pandemic, I would But today, we have all of those cir- woven together, is a new vision for
say that the employees working our cumstances and more. We are in the Congress and this country. It can start
grocery stores and our convenience middle of a pandemic. We have the re- yet before we adjourn this Congress. I
stores have probably had more expo- sulting economic upheaval. We reached hope that we will have some bipartisan
sure to the public than any other posi- near depression-era levels of unemploy- cooperation to embrace these critical
tion out there. ment, and rather than take 3 years, as principles and move that forward.
To thank them for what they do, I happened in the 1930s, it has happened But the extent to which there is
have introduced the Giving Retailers in a matter of 3 weeks. delay, we are setting the stage for the
and Our Convenience Employees Relief We have the climate crisis which my next Congress, for the next administra-
Act, or the GROCER Act. The GROCER colleagues have addressed so elo- tion being able to engage people around
Act would alleviate the Federal tax quently today both in terms of the the country with a new way of rebuild-
burden for grocery store and conven- challenge and what we can do about it. ing and renewing America, making our
ience store workers from February 15, Luckily, the world is finally acknowl- families safer, healthier, and more eco-
2020, to June 15, 2020, for individuals edging that, but it is still too slow to nomically secure.
making less than $75,000 a year. The respond.
f
bill also gives the Treasury Secretary We have some lessons that we, I
discretion to extend this benefit for an think, have learned from what we RECOGNIZING KIM CHAMBERLAIN
additional 3 months. quaintly called the Great Recession of The SPEAKER pro tempore. The
The hardworking men and women 10 years ago. As somebody who was leg- Chair recognizes the gentleman from
stocking our shelves are among the un- islating in the middle of it and watch- California (Mr. LAMALFA) for 5 min-
sung heroes during the COVID–19 pan- ing the impact in my community and utes.
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demic. These frontline workers are put- around the country, it seemed horrific. Mr. LAMALFA. Mr. Speaker, I rise
ting in overtime to ensure that we But it pales by comparison with what this morning to recognize my good
have the resources we need to weather people are facing today and the de- friend Kim Chamberlain for her service
this storm. mands for racial justice. to Shasta County.
In times of crisis like these, we learn My colleagues in introducing their Kim was born and raised in a pear or-
to fully appreciate these workers who handiwork of the Select Committee on chard just out of Seoul, South Korea,
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H2680 CONGRESSIONAL RECORD — HOUSE June 30, 2020
during the Korean war. She is a refugee b 0945 That is why we must act. I have a 6-
and a survivor of the war. Kim eventu- CLEAN ENERGY year-old and an 8-year-old at home,
ally married a U.S. Army medic, Paul and, like any parent, there is a lot that
Chamberlain, and came to the United The SPEAKER pro tempore. The I worry about for their future; but I am
States in 1971. Chair recognizes the gentleman from most concerned about the planet that
As a new resident, Kim’s goals in California (Mr. LEVIN) for 5 minutes. we are going to leave behind for them
America were to learn English, drive Mr. LEVIN of California. Mr. Speak-
and for their children. The path we are
an automobile, and get a job. After er, as a freshman Member of Congress,
on right now leads to a grim future for
working as a strawberry trimmer at it has been an honor and a privilege to
our planet. Our report charts a new
Lassen Canyon Nursery for several get to serve on the Select Committee
hopeful course for the future.
years, Kim went to school and earned on the Climate Crisis, and I am so
Mr. Speaker, I thank my colleagues
her cosmetology license in 1978. In 1981, grateful for that opportunity. I com-
and the outstanding staff who made
Kim opened a beauty salon, a shop she mend Speaker PELOSI and Chair CAS-
this report possible. Now let’s get to
owned until 2012. I wish it were still TOR for their outstanding leadership.
Long before I pursued public office, I work.
open right now. f
In 2012, Kim was diagnosed with was a proud clean energy advocate, and
breast cancer, but she is a fighter and I knew then, as I know now, that solu- RECESS
a survivor in getting through it—very tions to the climate crisis could also be The SPEAKER pro tempore. Pursu-
admirable. After entering remission, solutions to many economic challenges ant to clause 12(a) of rule I, the Chair
Kim became a local cancer awareness we face. declares the House in recess until 10
activist, helping others and meeting We have seen that come true in my
a.m. today.
with other breast cancer survivors for home State of California where we
Accordingly (at 9 o’clock and 47 min-
encouragement and support. have embraced ambitious measures to
utes a.m.), the House stood in recess.
As the wife of a veteran and a war combat climate change and have seen
strong economic growth, particularly f
survivor, you won’t find a bigger cham-
pion for veterans’ issues than Kim in the clean energy sector. b 1000
Chamberlain. I don’t know of anybody Last year, California supported more
AFTER RECESS
who works harder to advance the than half a million clean energy jobs in
areas such as energy efficiency, renew- The recess having expired, the House
causes for our veterans and be sure was called to order by the Speaker pro
they are properly honored on Veterans able energy, and clean vehicles.
Through 2019 job growth was nearly 10 tempore (Mr. TAKANO) at 10 a.m.
Day and Memorial Day.
percent annually. f
She is one of the fiercest advocates
for bringing a veterans clinic, a vet- Clean energy technology, clean do- PRAYER
erans cemetery, and a veterans home mestic manufacturing, and environ-
mental restoration is already putting The Chaplain, the Reverend Patrick
to northern California in Shasta Coun- J. Conroy, offered the following prayer:
ty. She helped raise funds for an en- Americans to work.
Our report highlights a number of God of us all, thank You for giving us
dowment that actually pays for land- another day. Coronavirus diagnoses
ways that we can combat the climate
scaping at the Northern California and deaths continue to mount through-
crisis and create more jobs at the same
Cemetery and served on a nonprofit out our Nation. Please bless with heal-
board that built a memorial chapel time. For example, the report includes
bipartisan legislation I introduced to ing and comfort those whose lives have
there. been so severely disrupted. Continue to
A 29-year member of both the VFW reduce our dependence on fossil fuels
by promoting environmentally respon- protect and empower those who tend to
Auxiliary and Northern California Ko- the sick and those who seek medical
rean War Veterans chapter, Kim hosts sible development of renewable energy
on public lands. solutions to this dangerous pandemic.
an annual luncheon to honor and thank Unfortunately, there are many other
Korean war veterans in the area. They We can expand those technologies
and grow our economy by extending issues pressing upon us. Bless the Mem-
come from far and wide to be part of bers of the people’s House whose re-
this. I have taken part in several of important tax credits like the solar in-
vestment tax credit which drives job sponsibilities press them to address
those. such seemingly overpowering chal-
2020 marks the seventieth anniver- creation, reduces greenhouse gas emis-
sions, and helps level the playing field lenges. Help them and help us all to
sary of the beginning of the Korean
for clean energy. We will also create trust that You have not abandoned us
war, and this year would have been the
jobs with strong Federal funding for in- but are with us now, as You have been
30th annual luncheon Kim would have
frastructure, investments in new and throughout American history.
hosted to show appreciation for the Ko- We thank You for those who live he-
rean war veterans. Unfortunately, this retooled domestic manufacturing fa-
cilities, new buy clean procurement roic lives during this time. Give them
is yet another event that has been
rules, expanded loan opportunities for strength and perseverance in their
wiped out by the coronavirus pan-
decarbonization technologies, and the service. May all that is done this day
demic.
creation of a civilian conservation be for Your greater honor and glory.
Kim’s work on behalf of veterans has
corps and a climate resilience service Amen.
been recognized by the city of Ander-
son, the Anderson Chamber of Com- corps. f
merce, Shasta County, and even the Alternatively, if we fail to act, we THE JOURNAL
Prime Minister of South Korea. will allow other countries to take the
The SPEAKER pro tempore. Pursu-
Kim’s story embodies the American lead on developing clean technologies.
ant to section 4(a) of House Resolution
Dream. She has worked hard and is al- China, India, and nations in Europe
967, the Journal of the last day’s pro-
ways working to help her community will reap the economic rewards, and we
ceedings is approved.
many, manyfold over. will find ourselves purchasing foreign
More than her contribution to local products that should have been made f
veterans or support of local cancer sur- right here in America. PLEDGE OF ALLEGIANCE
vivors, Kim is a wonderful friend to Some might take issue with the per- The SPEAKER pro tempore. Will the
me, to many, all who come in contact ceived cost of climate action, but it is gentleman from Pennsylvania (Mr.
with her. She, indeed, is a blessing to also important to note the cost of inac- THOMPSON) come forward and lead the
us who know her and those who have tion. My friend, Marshall Burke, a re- House in the Pledge of Allegiance.
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come in contact with her and have searcher at Stanford University, has Mr. THOMPSON of Pennsylvania led
been helped by her. studied this extensively and found that the Pledge of Allegiance as follows:
I wish her all the best, and God’s if we don’t take substantial action to I pledge allegiance to the Flag of the
blessing upon Kim in everything she mitigate the climate crisis, it will cost United States of America, and to the Repub-
does as a neighbor in northern Cali- the U.S. economy $25 to $35 trillion lic for which it stands, one nation under God,
fornia. over the coming decades. indivisible, with liberty and justice for all.
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2681
COMMUNICATION FROM THE States and cities are facing budget listee receives basic training on their
SERGEANT AT ARMS gaps that are going to force our essen- journey from recruit to sailor. I feel a
tial workers to get kicked to the curb, great personal responsibility for every-
The SPEAKER pro tempore laid be- all because MITCH MCCONNELL feels one who volunteers to risk their lives
fore the House the following commu- in service to our Nation. I wish I had
zero sense of urgency.
nication from the Sergeant at Arms of Rent and mortgage payments due to- confidence that the President felt the
the House of Representatives: morrow. same.
OFFICE OF THE SERGEANT AT ARMS, Taxes due in a few weeks. Mr. Speaker, Congress needs answers
HOUSE OF REPRESENTATIVES,
Small businesses hanging on for their as to the truth. Every Member of Con-
Washington, DC, June 26, 2020.
Hon. NANCY PELOSI, dear life. gress needs to be briefed by the CIA
Speaker, House of Representatives, And MITCH MCCONNELL, sitting on his and the intelligence community. With
Washington, DC. hands, caring only about politics. the truth, Congress can better protect
DEAR MADAM SPEAKER: Pursuant to section Mr. Speaker, what happened in my our troops, fulfill America’s role as a
1(b)(2) of House Resolution 965, following city is happening in Texas, Arizona, global leader, and make sure that Rus-
consultation with the Office of Attending and Florida. These States need our sia is held to account for their heinous
Physician, I write to provide you further no- help, too. This is about the people who actions.
tification that the public health emergency saved our country, our essential work-
due to the novel coronavirus SARS–CoV–2 f
remains in effect.
ers, doctors, nurses, cops, firefighters.
We passed the HEROES Act. Where is HIGHLIGHTING VOTER FRAUD AND
Sincerely, ALL-MAIL BALLOTS
PAUL D. IRVING, your bill, MITCH? Do something. Do
Sergeant at Arms. your job because the rest of America is (Mr. LAMALFA asked and was given
doing theirs right now. permission to address the House for 1
f
f minute and to revise and extend his re-
ANNOUNCEMENT BY THE SPEAKER marks.)
PRO TEMPORE MARKING TODAY’S PPP DEADLINE Mr. LAMALFA. Mr. Speaker, voter
The SPEAKER pro tempore. The (Mr. WILSON of South Carolina fraud and all-mail ballots are going to
Chair will entertain up to 15 requests asked and was given permission to ad- be quite a problem this year if we don’t
for 1-minute speeches on each side of dress the House for 1 minute and to re- have safeguards in place.
the aisle. vise and extend his remarks.) In my home State of California, more
Mr. WILSON of South Carolina. Mr. needs to be done in order to clean up
f Speaker, I am grateful for the Pay- the voter rolls. That doesn’t mean
COMMEMORATING THE LIFE AND check Protection Program, PPP, which voter suppression, as all the cater-
LEGACY OF RIK PAULSEN has been crucial to helping families, wauling we hear around here. It means
small businesses, and communities that you are taking people off who are
(Mr. THOMPSON of Pennsylvania maintain and promote jobs. no longer at a particular address or de-
asked and was given permission to ad- President Donald Trump’s leadership ceased. That way, you will have more
dress the House for 1 minute and to re- of achieving record job growth, and confidence in who is voting.
vise and extend his remarks.) now job recovery, is appreciated. Look at what happened recently in
Mr. THOMPSON of Pennsylvania. This program has helped 4.4 million Paterson, New Jersey, where voter
Mr. Speaker, today, I rise to com- small businesses procure loans, and fraud caused 19 percent of the ballots
memorate the life and legacy of Rik over $511 billion has been processed in being tossed out, by four different peo-
Paulsen. aid. The deadline to apply for the loans ple being involved with that, including
Rik Paulsen was a committed com- is today, and so far, these loans have a city council member.
munity leader, a dedicated sailor, and a been great news for small businesses So, what do we have? An issue where
dear friend of mine for many years. He making a difference for jobs. I am all-mail ballots are going to be the so-
passed away on Sunday, May 24, at the thankful that the Paycheck Protection lution this year? No.
age of 78. Program has been so widely successful In many States, including my own,
Mr. Speaker, a graduate of the U.S. to support small businesses and main- you can request an absentee ballot, but
Merchant Marine Academy, Rik truly tain jobs in the midst of the global at least there is some type of a paper
lived up to the academy’s motto, Acta pandemic of the Wuhan virus. trail of a person asking for a ballot and
Non Verba, or Deeds Not Words. Mr. Speaker, in conclusion, God bless receiving it, versus willy-nilly sending
I have had the pleasure of working our troops, and we will never forget ballots to every name that is on the
with Rik as he served on the Service September the 11th in the global war rolls that are not cleaned up.
Academy Selection Board in my dis- on terrorism. If you have ever campaigned in an
trict for more than 30 years. It was an apartment complex, for example, so
f
honor to have his input and his help many people are no longer even at the
while choosing the best and brightest CONGRESS NEEDS ANSWERS ON
name that is on the list on the door.
men and women to nominate for serv- RUSSIAN BOUNTIES FOR U.S.
So, you have ballots being sent in
ice to our Nation’s Armed Forces. Rik TROOPS
heaps to these areas where no one is
was truly passionate about service and (Mr. SCHNEIDER asked and was even living anymore. So, you have a
was committed to helping these stu- given permission to address the House big problem with the availability of
dents fulfill their dreams of serving for 1 minute and to revise and extend fraud when you have that.
this country. his remarks.) f
Mr. Speaker, Rik’s wife, Pamela, and Mr. SCHNEIDER. Mr. Speaker, yes-
the rest of the Paulsen family are in terday, it was reported that U.S. offi- CALLING FOR IMPEACHMENT OF
my thoughts and prayers. He will truly cials were aware more than a year ago ATTORNEY GENERAL BARR
be missed. of Russian bounties on the lives of our (Mr. COHEN asked and was given per-
f troops and, further, that President mission to address the House for 1
Trump received written intelligence in minute and to revise and extend his re-
ACT NOW TO SAVE OUR February, 4 months ago. If true, this marks.)
ESSENTIAL WORKERS represents a gross dereliction of duty. Mr. COHEN. Mr. Speaker, we have
(Mr. ROSE of New York asked and I shudder at the idea that the men been experiencing a very unusual pat-
dlhill on DSK120RN23PROD with HOUSE
was given permission to address the and women defending our Nation might tern of behavior by the Attorney Gen-
House for 1 minute.) not have the full confidence that their eral of the United States, behavior that
Mr. ROSE of New York. Mr. Speaker, Commander in Chief has their back. has scared many, and should scare all,
over 125,000 Americans dead, economic Mr. Speaker, I am the father of a for he has abused his power; he has ob-
destruction all around us, and cases young Navy officer. I represent Naval structed justice; and he has violated
spiking across the country. Station Great Lakes, where every en- the First Amendment.
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H2682 CONGRESSIONAL RECORD — HOUSE June 30, 2020
He has destroyed almost every norm mittee on Oversight and Reform be dis- H. RES. 1028
that existed for Attorneys General and charged from further consideration of Resolved, That upon adoption of this reso-
their relationship to the rule of law, H. Res. 1001 and ask for its immediate lution it shall be in order to consider in the
the rule of law that makes America consideration in the House. House the bill (H.R. 2) to authorize funds for
stand out as the beacon on the hill to The Clerk read the title of the resolu- Federal-aid highways, highway safety pro-
grams, and transit programs, and for other
nations all over the world. No longer, tion. purposes. All points of order against consid-
for the rule of law has been diminished The SPEAKER pro tempore. Is there eration of the bill are waived. In lieu of the
by his actions with Michael Flynn, a objection to the request of the gentle- amendment in the nature of a substitute rec-
person who pled guilty twice, admitted woman from Texas? ommended by the Committee on Transpor-
to lying, and, yet, wanted to withdraw There was no objection. tation and Infrastructure now printed in the
the prosecution. And the same for the The text of the resolution is as bill, an amendment in the nature of a sub-
change in the plea agreement for Roger follows: stitute consisting of the text of Rules Com-
Stone and that recommendation. H. RES 1001 mittee Print 116-54, modified by the amend-
He violated the First Amendment at Whereas news of the end of slavery did not ment printed in part A of the report of the
Committee on Rules accompanying this res-
Lafayette Park when he cleared the reach frontier areas of the United States,
olution, shall be considered as adopted. The
park for a photo op for the President. and in particular the Southwestern States,
bill, as amended, shall be considered as read.
He abused his power in the Mueller for more than 21⁄2 years after President Lin-
All points of order against provisions in the
report when he misled the people in coln’s Emancipation Proclamation, which
bill, as amended, are waived. The previous
what the Mueller report really said. was issued on January 1, 1863, and months
question shall be considered as ordered on
Mr. Speaker, for those reasons and after the conclusion of the Civil War;
the bill, as amended, and on any further
Whereas, on June 19, 1865, Union soldiers
others, I have been joined by 35 of my amendment thereto, to final passage without
led by Major General Gordon Granger ar-
colleagues today in introducing a reso- intervening motion except: (1) two hours of
rived in Galveston, Texas, with news that
lution calling for the impeachment of debate equally divided and controlled by the
the Civil War had ended and that the
William Barr and calling on the Com- chair and ranking minority member of the
enslaved were free; Committee on Transportation and Infra-
mittee on the Judiciary to look into it. Whereas African Americans who had been structure; (2) the amendments en bloc de-
f slaves in the Southwest celebrated June scribed in sections 2 through 7 of this resolu-
19th, commonly known as ‘‘Juneteenth Inde- tion; (3) the further amendments described in
RECOGNIZING JUNETEENTH pendence Day’’, as the anniversary of their sections 8 and 9 of this resolution; and (4)
INDEPENDENCE DAY emancipation; one motion to recommit with or without in-
(Ms. JACKSON LEE asked and was Whereas African Americans from the structions.
given permission to address the House Southwest continue the tradition of cele- SEC. 2. After debate pursuant to the first
brating Juneteenth Independence Day as in- section of this resolution, it shall be in order
for 1 minute.)
spiration and encouragement for future gen- for the chair of the Committee on Transpor-
Ms. JACKSON LEE. Mr. Speaker, I
erations; tation and Infrastructure or his designee to
rise today to pass on the floor of the Whereas for more than 150 years, offer an amendment en bloc consisting of the
House H. Res. 1001. Juneteenth Independence Day celebrations further amendments printed in part B of the
If we can recall our history, we will have been held to honor African-American report of the Committee on Rules accom-
know that 155 years ago, on June 19, freedom while encouraging self-development panying this resolution. The amendment en
General Gordon Granger rode into Gal- and respect for all cultures; and bloc offered pursuant to this section shall be
veston, Texas, and announced the free- Whereas the faith and strength of char- considered as read, shall be debatable for one
dom of the last American slaves, belat- acter demonstrated by former slaves remains hour equally divided and controlled by the
edly freeing 250,000 slaves in Texas, an example for all people of the United chair and ranking minority member of the
nearly 2.5 years after Abraham Lincoln States, regardless of background, religion, or Committee on Transportation and Infra-
signed the Emancipation Proclama- race: Now, therefore, be it structure or their respective designees, shall
Resolved, That— not be subject to amendment, and shall not
tion. (1) the House of Representatives—
Mr. Speaker, I am very proud of the be subject to a demand for division of the
(A) recognizes the historical significance of question.
200-plus Members of Congress who Juneteenth Independence Day to the Nation; SEC. 3. At the conclusion of the consider-
signed H. Res. 1001 that deals with rec- (B) supports the continued celebration of ation of the amendment en bloc described in
ognizing June 19 as this year’s observ- Juneteenth Independence Day to provide an section 2 of this resolution, it shall be in
ance of the historical significance of opportunity for the people of the United order for the chair of the Committee on
Juneteenth Independence Day. States to learn more about the past and to Transportation and Infrastructure or his des-
The reading of this order ended shad- better understand the experiences that have ignee to offer an amendment en bloc con-
ow slavery, a form of perpetual ser- shaped the Nation; and sisting of the further amendments printed in
vitude, and, as well, the 13th Amend- (C) encourages the people of the United part C of the report of the Committee on
States to observe Juneteenth Independence Rules accompanying this resolution. The
ment that then forever banned slavery
Day with appropriate ceremonies, activities, amendment en bloc offered pursuant to this
in this Nation. That servitude held and programs; and section shall be considered as read, shall be
generations of Africans in bondage in (2) it is the sense of the House of Rep- debatable for 30 minutes equally divided and
the United States for 248 years and resentatives that— controlled by the chair and ranking minority
opened a new chapter in American his- (A) the celebration of the end of slavery is member of the Committee on Transportation
tory. an important and enriching part of the his- and Infrastructure or their respective des-
Mr. Speaker, it is America’s original tory and heritage of the United States; and ignees, shall not be subject to amendment,
sin. I hope this legislation and the leg- (B) history should be regarded as a means and shall not be subject to a demand for divi-
islation to come will allow us to have for understanding the past and solving the sion of the question.
a unified, dignified, peaceful discussion challenges of the future. SEC. 4. At the conclusion of the consider-
of race and systemic racism in this Na- The resolution was agreed to. ation of the amendment en bloc described in
tion, and Juneteenth will become a liv- A motion to reconsider was laid on section 3 of this resolution, it shall be in
the table. order for the chair of the Committee on
ing symbol of freedom for people, in- Transportation and Infrastructure or his des-
cluding the proposed Juneteenth offi- f
ignee to offer an amendment en bloc con-
cial Federal holiday. b 1015 sisting of the further amendments printed in
Juneteenth remains the oldest part D of the report of the Committee on
known celebration or commemoration PROVIDING FOR CONSIDERATION Rules accompanying this resolution. The
of slavery’s demise. OF H.R. 2, INVESTING IN A NEW amendment en bloc offered pursuant to this
VISION FOR THE ENVIRONMENT section shall be considered as read, shall be
f
AND SURFACE TRANSPORTATION debatable for 30 minutes equally divided and
RECOGNIZING JUNE 19, 2020, AS IN AMERICA ACT controlled by the chair and ranking minority
dlhill on DSK120RN23PROD with HOUSE
THIS YEAR’S OBSERVANCE OF Mr. MORELLE. Mr. Speaker, by di- member of the Committee on Transportation
THE HISTORICAL SIGNIFICANCE and Infrastructure or their respective des-
rection of the Committee on Rules, I ignees, shall not be subject to amendment,
OF JUNETEENTH INDEPENDENCE call up House Resolution 1028 and ask
DAY and shall not be subject to a demand for divi-
for its immediate consideration. sion of the question.
Ms. JACKSON LEE. Mr. Speaker, I The Clerk read the resolution, as fol- SEC. 5. At the conclusion of the consider-
ask unanimous consent that the Com- lows: ation of the amendment en bloc described in
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2683
section 4 of this resolution, it shall be in this resolution, the further amendments de- back to work. By investing in good-
order for the chair of the Committee on scribed in section 8 of this resolution, and paying jobs and public works to im-
Transportation and Infrastructure or his des- the further amendments described in this prove our communities across the Na-
ignee to offer an amendment en bloc con- section are waived.
sisting of the further amendments printed in tion, we were able to provide direct
The SPEAKER pro tempore. The gen- help for working families and invest in
part E of the report of the Committee on
Rules accompanying this resolution. The tleman from New York is recognized much-needed infrastructure. This
amendment en bloc offered pursuant to this for 1 hour. shaped the face of America for genera-
section shall be considered as read, shall be Mr. MORELLE. Mr. Speaker, for the tions to come.
debatable for one hour equally divided and purpose of debate only, I yield the cus- The time has come again to invest in
controlled by the chair and ranking minority tomary 30 minutes to the distinguished desperately needed infrastructure
member of the Committee on Transportation gentleman from Georgia (Mr.
and Infrastructure or their respective des- projects that can put Americans to
WOODALL), pending which I yield my- work right now in their own commu-
ignees, shall not be subject to amendment,
and shall not be subject to a demand for divi- self such time as I may consume. Dur- nities.
sion of the question. ing consideration of this resolution, all There has been tremendous bipar-
SEC. 6. At the conclusion of the consider- time yielded is for the purpose of de- tisan agreement from leaders at every
ation of the amendment en bloc described in bate only. level of government, from our village
section 5 of this resolution, it shall be in GENERAL LEAVE mayors to the President of the United
order for the chair of the Committee on
Transportation and Infrastructure or his des-
Mr. MORELLE. Mr. Speaker, I ask States, that this country must invest
ignee to offer an amendment en bloc con- unanimous consent that all Members in infrastructure that will carry the
sisting of the further amendments printed in be given 5 legislative days to revise and next generation. The Moving Forward
part F of the report of the Committee on extend their remarks. Act is the first step in meeting that
Rules accompanying this resolution. The The SPEAKER pro tempore. Is there need.
amendment en bloc offered pursuant to this objection to the request of the gen- With H.R. 2, we will be investing not
section shall be considered as read, shall be tleman from New York? only in transportation, housing,
debatable for 30 minutes equally divided and
There was no objection. schools, and broadband, but in families,
controlled by the chair and ranking minority
member of the Committee on Transportation Mr. MORELLE. Mr. Speaker, on workers, and communities across this
and Infrastructure or their respective des- Monday, the Rules Committee met and country. This legislation supports
ignees, shall not be subject to amendment, reported a rule, House Resolution 1028, American manufacturing and inge-
and shall not be subject to a demand for divi- providing for consideration of H.R. 2, nuity, and together we will create mil-
sion of the question. the Moving Forward Act, under a lions of jobs right here at home. We
SEC. 7. At the conclusion of the consider- structured rule. will secure the future of our children
ation of the amendment en bloc described in
The rule provides 2 hours of general by forging a path toward zero carbon
section 6 of this resolution, it shall be in
order for the ranking minority member of debate on the bill, equally divided and emissions, making our streets and
the Committee on Transportation and Infra- controlled by the chair and ranking transit safer, and bringing a better
structure or his designee to offer an amend- minority member of the Committee on learning environment to every child.
ment en bloc consisting of the further Transportation and Infrastructure. This legislation provides more than
amendments printed in part G of the report The rule self-executes a manager’s $300 billion to repair and upgrade exist-
of the Committee on Rules accompanying amendment offered by Chairman DEFA- ing roads and bridges, railways, and
this resolution. The amendment en bloc of- ZIO, makes in order six en bloc amend-
fered pursuant to this section shall be con-
ports. We are going to provide $100 bil-
sidered as read, shall be debatable for 30 min-
ments in total, and makes in order lion to put zero-emission buses on
utes equally divided and controlled by the three further amendments. American roadways, cutting conges-
chair and ranking minority member of the Prior to the offering of an en bloc tion, providing new options for families
Committee on Transportation and Infra- amendment, the chair of the Com- and workers. We are working to make
structure or their respective designees, shall mittee on Transportation and Infra- roads smarter and safer for all users,
not be subject to amendment, and shall not structure may designate amendments including children, pedestrians, and cy-
be subject to a demand for division of the that shall not be considered as part of clists.
question.
SEC. 8. At the conclusion of the consider- the en bloc and shall be considered sep- We will also provide over $100 billion
ation of the amendment en bloc described in arately. to create or preserve 1.8 million afford-
section 7 of this resolution, each further And, lastly, the rule provides one mo- able homes, reducing housing inequal-
amendment printed in part H of the report of tion to recommit, with or without in- ity, creating local jobs, and increasing
the Committee on Rules accompanying this structions. resiliency in the face of natural disas-
resolution shall be considered only in the Mr. Speaker, the Moving Forward ters.
order printed in the report, may be offered Act provides more than $1.5 trillion to I am proud to support provisions to
only by a Member designated in the report,
shall be considered as read, shall be debat-
rebuild American infrastructure. The triple funding for Amtrak to allow
able for the time specified in the report state of disrepair of our roads cost long-awaited upgrades and expansion of
equally divided and controlled by the pro- Americans $160 billion in 2014, and our Nation’s passenger rail network.
ponent and an opponent, shall not be subject 200,000 of our Nation’s bridges are more America has long lagged behind in ac-
to amendment, and shall not be subject to a than 50 years old. cessible and efficient rail travel, and
demand for division of the question. Our aging water system loses tril- this funding will improve safety and
SEC. 9. (a) Prior to the offering of an lions of gallons of treated water each
amendment en bloc pursuant to sections 2
assist local traffic congestion.
through 7 of this resolution, the chair of the
year and leaves some families without The Moving Forward Act represents
Committee on Transportation and Infra- clean water to drink at all. a true partnership between the Federal
structure or his designee may designate Children across the Nation are trying Government and American States and
amendments that shall not be considered as to learn in classrooms that are falling localities.
part of the amendment en bloc to be offered apart, without climate control in ex- The bill also permanently reinstates
pursuant to such section. treme temperatures, and without reli- Build America Bonds and advance re-
(b) Any amendment designated pursuant to
able internet access. funding bonds as well as increasing the
subsection (a) shall be in order at the conclu-
sion of the consideration of the further At the same time, more than 200 mil- issuance of private activity bonds,
amendments pursuant to section 8 of this lion Americans are facing unemploy- spurring private investment in commu-
resolution if offered by a Member designated ment during a global pandemic. nity projects that our Nation des-
in the report of the Committee on Rules ac- Our Nation is facing long-term eco- perately needs.
companying this resolution, shall be debat- nomic repercussions of our inability to We have $70 billion for clean energy
dlhill on DSK120RN23PROD with HOUSE
able for 10 minutes equally divided and con- stem the spread of COVID–19. We must and a plan to upgrade America’s elec-
trolled by the proponent and an opponent, do something. trical grid to make it more efficient
shall not be subject to amendment, and shall
Nearly a century ago, President and more resilient.
not be subject to a demand for division of the
question. Franklin Delano Roosevelt lifted this H.R. 2 also delivers affordable high-
(c) All points of order against amendments Nation up during the height of the speed internet access to all parts of the
en bloc described in sections 2 through 7 of Great Depression by putting Americans country by investing $100 billion to
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H2684 CONGRESSIONAL RECORD — HOUSE June 30, 2020
promote competition for broadband wonderful bipartisan leader in this in- Today, that is not the kind of rule we
internet infrastructure to unserved and stitution. I look forward to his time are bringing. And I recognize that
underserved rural, suburban, and urban when we get to question witnesses in COVID has made our voting require-
communities. the Rules Committee because invari- ments different today. But this bill
b 1030 ably he asks a question that I might didn’t pass out of committee, the com-
have asked or should have asked, and mittee on which I sit, the Transpor-
As our Nation battles this global invariably I learn something from the tation Committee, on a voice vote with
pandemic, and so many of our hospitals gentleman and his line of questions everybody in agreement. This bill
have been stretched to the brink, the that I believe is going to benefit this passed out of committee on a strictly
Moving Forward Act invests $30 billion party line vote, because this bill, un-
institution and benefit the Nation.
to upgrade hospital facilities to in- And, candidly, as you know, Mr. like the bill that had been worked
crease capacity, strengthen care, and Speaker, that is not always the way it through in a bipartisan way when last
prepare for future health emergencies. is. Some folks are asking questions to we reauthorized service transportation,
This bill invests $25 billion to mod- this bill had been worked in a purely
get their next 30-second film clip so
ernize postal infrastructure and oper- partisan way.
they can send it out on social media for
ations, including a zero emissions post- Mr. Speaker, I mentioned that at
purposes that perhaps are less valuable
al vehicle fleet, and puts Americans to that time we made in order, roughly, a
to the institution and to the Nation.
work strengthening our coast with a $3 number of Republican amendments and
And so I look forward to an oppor-
billion grant program for shovel-ready Democratic amendments and bipar-
tunity to be down here and talk about
projects to restore Great Lakes, coast- tisan amendments. The rule before us
a partnership issue, like transpor-
al habitats, and marine ecosystems. today makes in order a roughly equal
As we discuss the far-reaching bene- tation, with the gentleman from New
York. number of bipartisan amendments and
fits of the Moving Forward Act, I Republican amendments, 17 bipartisan
He mentioned that this bill is de-
would like to note the significance of amendments and 19 Republican amend-
signed to be a partnership between the
one particular provision that I was ments. Less than half the number that
Federal Government and the States
proud to advocate for along with my we had made in order when last we
and localities. Sadly, I must tell you
colleagues in the Education and Labor worked this bill when we did in it in a
that is where any suspicion of partner-
Committee, the Reopen and Rebuild partnership way.
ship ends.
America’s Schools Act. I went back and pulled the video But while the bill makes in order an
Even before the COVID–19 pandemic, equal number of Republican amend-
from 2015 when we did our last trans-
chronic neglect of America’s public ments and bipartisan amendments,
portation bill. As the gentleman from
schools forced students and educators again, 19 Republican amendments, 17
New York knows, we are assigned, so
across the country to learn and work in bipartisan amendments, it makes in
often, our Rules Committee legislation
outdated and hazardous school build- order 134 Democratic amendments.
based on our other authorizing com-
ings. Now the pandemic is exacerbating Now, mind you, Mr. Speaker, I tell you
mittee assignments, so I got to carry
this crisis and making abundantly that this process has been a partisan
that bill back in 2015. I was reminded
clear how unprepared and under- process from the beginning in the
how long it has been since I got to tell
resourced many of our Nation’s school Transportation Committee, meaning,
the Speaker that I will, by order of the
districts are. it was worked entirely through on the
The Reopen and Rebuild America’s Committee on Rules, call up a resolu-
tion. I miss that opportunity. I hope to Democratic side of the aisle. So as Re-
Schools Act takes great strides to publicans come to the floor, those Re-
move beyond the traditional brick and get that back in January.
But I had this big smile on my face, publicans who don’t serve on the
mortar school infrastructure to sup- Transportation Committee for their
Mr. Speaker, because the speech that I
port schools and designing the types of only opportunity to influence this
got to deliver that day in 2015 was that
building and classrooms needed to process, and I said it, and the gen-
the House was bringing the most open
serve students, especially those from tleman from New York knows it to be
Transportation Committee bill in dec-
low income families. This critical leg- true.
ades to the House floor. The bill I got
islation is needed now more than ever. Back in 2015, I said what is wonderful
Today, we can work to not only help to bring that day, Mr. Speaker, talked
about opening up the process is that
teachers and students get back to about how the bill passed out of com-
every single one of us has something to
school, but commit serious investment mittee on a voice vote, a voice vote,
contribute. The more than 700,000 peo-
in high poverty schools with facilities because Republicans and Democrats, as ple that sent each one of us here have
that pose health and safety risks to is so often true on the Transportation something to contribute. The wonder
students and staff, expand access to Committee, were arm-in-arm moving and uniqueness of this institution
high-speed broadband to ensure that all forward on an issue that is important comes from the variety of Members
public schools have the reliable and to all of our constituencies. who come here to serve and the varied
I had not even finished my Rules de-
high-speed internet access that stu- experiences that they bring.
bate time, these 30 minutes, before I Seventeen bipartisan amendments, 19
dents need for digital and distance
had to offer an amendment to the rule Republican amendments, and 134
learning.
This legislation, the Moving Forward to make even more amendments in Democratic amendments made in order
Act, represents a significant step we order than the amendments we had al- by this rule. Even the Democrats were
must take to invest in the future of ready made in order. And then we came shut out of the partnership process, be-
American infrastructure from our back the next day and made even more cause any serious legislator on Capitol
highway systems to our classrooms. amendments in order. At that time, Hill knows the right time to get your
Mr. Speaker, I strongly urge my col- Mr. Speaker, having had a bill that was language included isn’t in an amend-
leagues to support the rule and support worked through the process in a bipar- ment on the House floor, it is by going
H.R. 2. tisan way, that passed out of com- to your chairman or your ranking
Mr. Speaker, I reserve the balance of mittee on a voice vote, we then member.
my time. brought rules to the floor that made in If I want to get something done on
Mr. WOODALL. Mr. Speaker, I yield order about equal number of Repub- the Transportation Committee, I go to
myself such time as I may consume. lican amendments, Democratic amend- my ranking member, SAM GRAVES, and
I serve on the Transportation Com- ments, and bipartisan amendments. To I talk to him about it, and he talks to
mittee as well as the Rules Committee, be precise, it was 45 Democratic the chairman about it, and then we get
dlhill on DSK120RN23PROD with HOUSE
Mr. Speaker, so I always get excited amendments, 47 Republican amend- it done together because that is the
when there is a transportation bill that ments, and 34 bipartisan amendments partnership in which the committee
is coming to the floor. I am less excited after the process had been worked in a works, or at least the way that it used
today. bipartisan way already, after the bill to work.
My friend from New York is a won- had passed out of committee on a voice It is unbelievable to me that in a
derful leader for his constituents and a vote already. time of great national distress that one
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2685
of the sole remaining vestiges of bipar- do get to sit through long hours of the So I don’t disagree with my friend
tisanship on Capitol Hill, the Transpor- Rules Committee and question back from Georgia. I know that he is pro-
tation Committee, and one of the pri- and forth our witnesses. And he is foundly interested in this institution
mary vehicles for moving those part- right, I am not particularly media and in working across the aisle, but
nership ideas, the highway transpor- savvy, I have a face for radio, as they there are times when, unfortunately,
tation bill, has devolved into the par- say. But we do find that time to be for various reasons that is not the case,
tisan exercise that we find ourselves in very informative. I struggle a little bit, and we have it in front of us today. And
today. It is not too late to fix that. I was not here in 2015, but I do know I feel compelled that we move forward
Mr. Speaker, I will be urging defeat what has happened over the last 18 on the Moving Forward Act because
of this rule. If you listen to the reading months or so. this is vital to the interests of the
clerk read it, you will know that if you First and foremost, I just note that American public.
have been watching this institution for in the midst of a pandemic, I think we Mr. Speaker, I yield 2 minutes to the
any period of time, 2 years, 4 years, 8 can hardly be excused had we just done gentlewoman from California (Ms.
years, 10 years, 20 years, 30 years, you a closed rule. Put the bill before us for MATSUI), a distinguished member of the
have never heard a reading clerk read a a vote without a structured rule, which Committee on Rules.
rule that looks like this. We have just is in front of us. Ms. MATSUI. Mr. Speaker, I rise
never seen one that looks like this. I also note, and this is one of the today in support of the rule for H.R. 2,
So partisan have things become, Mr. challenges of trying to engage in bipar- the Moving Forward Act.
Speaker, that the Rules Committee tisanship, which I am not only a big America cannot remain competitive
historically has offered en bloc author- fan of, but I engaged in in my previous in the 21st century without modern, ef-
ity to the chairman, because the chair- life as a member of the New York State ficient infrastructure. Unfortunately,
man has been working in partnership Assembly where we had a Republican our roads, bridges, airports, and
with the ranking member. Because the Senate and a Democratic House, much schools are falling behind.
way to dispose of amendments on the as we find ourselves in here today, and H.R. 2 makes transformational in-
floor of the House in an expeditious we worked across the aisle to find com- vestments in our country’s infrastruc-
manner, which we absolutely positively mon ground when we could. ture that will revitalize America’s
need in a COVID–19 environment, is But I will say that I think that the backbone while improving safety, re-
through partnership. In this case the difference between 2015 and now is the ducing pollution, and getting Ameri-
partnership never started. opposition of the minority, particu- cans back to work.
I would like to tell you the partner- larly as it related to a number of issues To address our crumbling roads, the
ship eroded, but that is just not true, that dealt with climate change, and bill provides $300 billion for construc-
the partnership never began. There was made it, as I understand listening to tion and maintenance of Federal high-
never an opportunity for erosion, and the chair of the Committee on Trans- ways and bridges. In Sacramento, my
thus, we have the kind of en bloc au- portation and Infrastructure, effec- hometown, this will mean money for
thority that you see today, not des- tively mitigated any chance of having more projects like the new I Street
ignated to the chairman to enact, but a bipartisan agreement on this. But Bridge that will help move people and
created by the Rules Committee, and that is not to say that there aren’t Re- goods safely and effectively.
the chairman has an opportunity to op- publican amendments before us. H.R. 2 also provides provisions to re-
pose it if he would like. I know Ms. FOXX will have an amend- inforce our commitment to fighting
Mr. Speaker, I am disappointed. But ment here later. The ranking member the climate crisis. It provides more
for my colleagues who are also dis- of the Education and Labor Committee
than $70 billion to expand renewable
appointed, this doesn’t have to be the on which I serve, as well as the ranking
energy sources and strengthen clean
end of the conversation. My ranking member of the Committee on Trans-
energy infrastructure.
member—I haven’t talked to him in portation and Infrastructure will ad-
Additionally, the State of California
the last 2 or 3 days, but when last I vance an en bloc amendment. So there
and transportation authorities in my
heard him speak—said he was still will be, and there continues to be an ef-
district will benefit from this bill’s
committed to working in a partnership fort on our part to work across the
way. That he was absolutely available. funding to increase walking, biking,
aisle. But I do find it hard to be bipar-
From day one, he said, make me a part and public transit options, all with the
tisan, and I think if it was a voice vote,
of this conversation, don’t rule any- goal of cleaning up our air and limiting
then I think there was general agree-
thing out. In fact, the chairman said human contributions to climate
ment. Clearly, there were differences of
exactly that last night, that the rank- change.
opinion here that we could not get
ing member approached him early on H.R. 2 also accelerates the use of zero
past, and we felt the need very much to
in the process, and said, don’t count us emission vehicles and ensures we keep
advance this.
out for anything, we want to work in a Mr. Speaker, I also will say, just to up with demand by installing necessary
partnership fashion. note—and I hate to keep hearkening charging infrastructure across the
Mr. Speaker, we can defeat this rule. back to my experience in State govern- country.
And defeating this rule isn’t going to ment, but I will, nonetheless, even In addition, to keep Americans con-
slow down surface transportation. Any- though I hate it, I will do that, which nected to the internet, this bill pro-
body who believes this bill is going is to say, I served under Republican vides broadband payment support for
anywhere is kidding themselves. This and Democratic Governors. And some- low-income households and the re-
is a partisan messaging exercise. This thing that would have been this impor- cently unemployed. The COVID–19 pan-
is not legislating that we are doing tant would clearly have engaged the demic has required our schools to fun-
here today, but we can move on to leg- Governor of either party in discussions damentally change the way they en-
islating. We can defeat this rule, and with the members of the legislature in gage with students, and H.R. 2 ensures
we can go back and—you know, just both houses. children have access to digital equip-
one crazy idea—we can make the ment and affordable broadband options
b 1045 for remote learning.
Transportation Committee the part-
nership place it has always been. And I note that while the President For America to remain the global
We can make infrastructure the part- has indicated support for an infrastruc- center of innovation and growth, we
nership issue it has always been. We ture bill, I think it was over a year must have 21st century infrastructure.
can make a difference, instead of just ago, back in May of 2019, where the This bill makes the forward-looking in-
making a point. President hosted a meeting at the vestments to help get us there.
dlhill on DSK120RN23PROD with HOUSE
Mr. Speaker, I reserve the balance of White House after having talked about Mr. WOODALL. Mr. Speaker, I yield
my time. a $2 trillion infrastructure package and myself such time as I may consume.
Mr. MORELLE. Mr. Speaker, I yield broke up the meeting in anger and left, I think my friend from New York is
myself such time as I may consume. and as far as I know has not engaged right that in the time of a healthcare
Mr. Speaker, I am always excited to either House in substantive discussions pandemic that having a closed rule
be with my friend from Georgia, and we moving forward. could have been a possibility. In fact, I
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H2686 CONGRESSIONAL RECORD — HOUSE June 30, 2020
have no doubt that the only reason we credible uncertainty over the COVID provide employment opportunities for many
have any amendments at all available pandemic, our committee passed a par- Americans.
Even before we started feeling the eco-
on the floor of the House today is be- tisan bill to completely upend the
nomic impacts of COVID–19, our country was
cause my friend from New York, and functions and programs of the trans- in dire need of these upgrades. Data from the
particularly my chairman from Massa- portation system. National Association of Manufacturers
chusetts, fought on behalf of having a Then immediately after the com- (NAM) reveals that underinvestment in U.S.
more open process. mittee approved the majority’s bill infrastructure worsens by the year, and in-
I have no doubt that there are folks along party lines just over a week ago, frastructure investment before the pandemic
all across this institution who would the Speaker took the bill and tripled was only one-third of what it was in 1960.
Manufacturers, who today continue to pro-
have loved to have shut out all the the size with so many air-dropped pro- vide essential resources to the medical com-
voices altogether. And had we moved visions that the only thing that isn’t munity and other front-line workers, are
this bill out of committee with my included is the kitchen sink. But, currently relying on outdated roads, bridges,
ranking member’s consent on a voice please, don’t quote me on that, Mr. waterways, ports, runways and drinking
vote the way we did it last time, I Speaker, because as far as I know the water systems, many of which are more than
would have supported the majority in kitchen sink could be funded in this, as 50 years old. More than 54,000 bridges across
trying to be more expeditious on the well. the U.S. are rated ‘‘structurally deficient’’
according to NAM. Roadways, ports and wa-
floor, because when you move things in Although we do know one green terways are in disrepair. The American Soci-
a bipartisan way you get bipartisan thing that is not in this bill, and that ety of Civil Engineers (ASCE) released a re-
partnership to get them across the fin- is the money to pay for it. This $1.5 port card in 2017 of infrastructure in the
ish line. But that is not the way this trillion climate bill, camouflaged as an country and gave the nation a rating of D+.
bill has moved. infrastructure bill, piles another moun- According to the U.S. Department of Trans-
It is a valuable thing to be the chair- tain of debt onto the backs of future portation, 65% of major U.S. roads are rated
man of a bipartisan committee, Mr. generations. as ‘‘less than good condition.’’
In addition to the challenges we will now
Speaker, and I would tell you it comes This irresponsible bill very well face due to the current economic environ-
with a stewardship obligation to make might pass the House, but that is as far ment, these deficiencies take an additional
sure it remains so. as it is going to go. The Senate is never toll on manufacturers’ bottom lines, causing
I yield 5 minutes to the gentleman going to take up this unserious, pro- unreliable delivery times and increased fleet
from Missouri (Mr. GRAVES), who will gressive wish list. The Speaker may maintenance costs. Congested highway net-
be the next chairman of the Transpor- earn praise of her most liberal Mem- works add $74.5 billion to transportation
tation Committee, the current ranking bers for this bill, but she is failing the costs for manufacturers moving goods and
member. raw materials by truck, according to the
American people and wasting the American Transportation Research Insti-
Mr. GRAVES of Missouri. Mr. Speak- House’s time on an issue that we all tute.
er, I wish I could say to my colleagues know could garner bipartisan support. In order for America to remain globally
that we were putting our time to good We could be getting something done competitive now and after this pandemic,
use today, but we all know that we to improve America’s infrastructure our leaders must be committed to improving
have an incredibly important obliga- and provide the stability and certainty our infrastructure. China’s infrastructure in-
tion, and we have got a lot of work to that workers and stakeholders need vestment is almost double the size of the in-
do when it comes to infrastructure. frastructure spending in the U.S., and India’s
right now, if only the Speaker of the infrastructure investments are growing at a
We need to pass a long-term surface majority hadn’t unnecessarily chosen rate that triples the infrastructure outlays
transportation bill to provide States partisanship over partnership through- of the U.S., Canada and Mexico combined.
and local communities the certainty to out this entire process. Manufacturing workers in the U.S., and all
plan and execute highway, bridge, and Mr. Speaker, I would urge my col- Americans, should refuse to settle for infra-
transit projects across this country. leagues to oppose this rule. structure that lags behind the rest of the
If we don’t do that, or if we pass Mr. MORELLE. Mr. Speaker, I yield world.
short-term extensions, it throws their Many have acknowledged that the current
myself such time as I may consume. economic challenges bring an opportunity to
plans into chaos and it jeopardizes Very briefly, I do note that we cer- upgrade the nation’s neglected transpor-
needed improvements. tainly could have entered into a bipar- tation systems. Stay-at-home orders cov-
But that is exactly what we are going tisan agreement if we didn’t care about ering nearly the entire country in March and
to do because the infrastructure bill in climate change, if we weren’t inter- April kept Americans off the road, and gas
this entire process got highjacked by a ested in the greatest impact on our tax revenues have plummeted as a result.
partisan agenda that has more to do carbon footprint by transportation and According to the American Association of
with pushing the Green New Deal than State Highway and Transportation Officials,
automobiles, and we create a number state and local governments need $50 billion
it does fixing our infrastructure. of provisions in this bill which we to ensure that they can continue existing
During all my time serving on the could not get support on, which is why transportation construction and mainte-
committee, Republicans and Demo- we had to go on our own way. nance programs without disruption. The na-
crats have always been able to work I do also note for my great friend tion’s airports also need a backstop to make
out their differences and find common from Georgia, 17 bipartisan amend- up for lost user fees. Keeping current infra-
ground to pass a surface transportation ments are included in this package. So structure projects afloat is only a start.
bill. We have always been able to do Our deteriorating national infrastructure
there is bipartisanship, despite the is not solely a state or federal issue. It is not
that. feelings that the White House has a small or large business issue. It is not a
It is the most important legislative given as it relates to this bill. Democratic or a Republican issue. Infra-
product that we produce on the com- Before I yield, I insert in the RECORD structure is an American issue that directly
mittee, and members have always a May 8 Industry Week article titled, affects our ability to compete in the global
treated it as such. ‘‘Crumbling Infrastructure is Hurting marketplace and provide financial security
Time and again, that has been our for millions of American families.
America’s Competitive Edge.’’ Once it is safe to work, the U.S. govern-
committee’s hallmark because that is
[From Industry Week] ment should mobilize to rebuild our nation’s
the only road to actually getting some- infrastructure. It would ensure that the na-
thing done for the good of our infra- CRUMBLING INFRASTRUCTURE IS HURTING
AMERICA’S COMPETITIVE EDGE tion emerges on the other side with a strong-
structure, for transportation workers, er, competitive economy. Infrastructure
and for the economy. (By Michael McGarry) projects put people to work at high wages,
But on this bill, that didn’t happen. With unemployment rates in the U.S. at create demand for materials and equipment
And I can assure you that wasn’t my historic levels due to the economic impact of and generate tax revenues for governments
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choice. This highjacked process began the COVID–19 pandemic, it is more impor- at all levels. They build systems of lasting
tant than ever to invest in areas that help public benefit, improving the safety, conven-
with a $500 billion my-way-or-the-high- get more people back to work. Today, law- ience and efficiency of commerce, commu-
way bill developed exclusively by one makers should prioritize the passage and im- nication and travel.
party. plementation of a comprehensive infrastruc- Making substantial investments in Amer-
At a time when entire industries, ture program, as part of a future round of ica’s infrastructure will not only put Ameri-
workforces, and our States still face in- stimulus funding that would immediately cans back to work, but it will improve the
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2687
lives of workers, while helping all manufac- Ms. JACKSON LEE. My amendment of Texas itself warned that the I–45 project
turers better serve their customers and com- creates a national program to reduce would cause disproportionate high and ad-
munities. It will bolster the security of our pedestrian-motor vehicle accidents by verse impacts to minority or low-income
nation, and it will strengthen the ties that populations; and that the project’s
bind us together as a country, improving identifying locations where deaths [d]isplacement of bus stops could affect peo-
commerce and communication and paving have occurred and supports local ef- ple who do not have access to automobiles or
the way for the success of the next genera- forts to address those conditions. It is that are dependent on public transportation.
tion. very important to the Nation, very im- And that’s not even to mention how the
Congress must invest now. I urge our elect- portant to the State. project will increase air pollution in black
ed leaders to work together to prioritize a I look forward in going forward to be communities—a direct contributor to fatal
bold vision for improving infrastructure. COVID–19 outcomes that are contributing to
Congress’s next stimulus bill must include
able to continue to work on these vital
the disproportionate death toll among black
aggressive investments in infrastructure issues that were supported by any num- Americans—exacerbate flooding, and rein-
such as highways, bridges and airports. It’s ber of safety entities called under the force segregation, which Streetsblog has ex-
good for our citizens, our economy, and our umbrella of the road advocates. And I plored in depth in the past.
country to remain globally competitive. We know that they will encourage us to If the destructive potential of the I–45
cannot afford to wait. work diligently on this. project is all too clear, the benefits of it are
Mr. MORELLE. Mr. Speaker, I yield 2 To my constituents in Houston, we dubious at best. Decades of studies of the ef-
minutes to the gentlewoman from will work together on making sure fect of induced demand show that highway
expansions do not relieve congestion or stim-
Texas (Ms. JACKSON LEE). that I–45 is not intrusive. ulate meaningful economic development—
Ms. JACKSON LEE. Mr. Speaker, I I support the Moving Forward Act. facts of which Houston advocates have been
thank the gentleman for yielding. Mr. Speaker, I include in the RECORD reminding officials since the earliest days of
I think it is important for the Amer- this particular Houston Chronicle arti- the project.
ican people to know that it has been 5 cle of June 9. The I–45 project has always been a massive
years since we have been able to put [From the Houston Chronicle, June 9, 2020]
boondoggle that perpetuates structural rac-
pen to paper and develop a massive in- ism—and our national conversation over the
INTERSTATE 45 REALIGNMENT WOULD CUT last week (and the much longer-standing
frastructure bill going out to desperate THROUGH A HISTORIC BLACK NEIGHBORHOOD
Americans who can’t find good roads, conversation among BIPOC activists over
IN HOUSTON the past decades) only underscores how deep-
who need mass transit, who need hous- (By James Brasuell) ly misguided it has always been. But as ac-
ing, need better schools, and, yes, even The construction of America’s downtown tivists push to defund all the institutions
in urban areas like the one I represent highways destroyed thousands of black that kill, harm, and destroy black commu-
that is a combination of urban and neighborhoods during the height of the nities and black lives, there is perhaps no
rural broadband. urban renewal era in the 1940s and ’50s—and better moment to stop it, once and for all.
When we went into COVID–19, our a new impact study of a controversial high- Ms. JACKSON LEE. Mr. Speaker, as a sen-
children in our school districts did not way project in Houston serves as a reminder ior member of this body and an original co-
have access to be able to have online that the racist policy never ended. sponsor of the legislation, I rise in strong and
classes. Yes, we need the Moving For- The latest estimates of the human cost of enthusiastic support of the rule governing de-
ward Act and I rise to support it. As the Interstate 45 project reveal that the bate of H.R. 2, the Moving Forward Act, and
highway expansion would require the de-
well as I rise to support and thank the the underlying bill.
struction of 158 houses, 433 apartments or
Rules Committee for my amendment H.R. 2, the Moving Forward Act, is a more
condos, 486 public housing units, 340 busi-
dealing with asking the Federal Avia- nesses, five churches and two schools; the than $1.5 trillion plan to rebuild American in-
tion Administration to deal with all of Houston Chronicle reported. The buildings frastructure—not only our roads, bridges, and
those satellite aspects of aviation that that the Texas Department of Transpor- transit systems, but also our schools, housing,
have not been helped by COVID–19 tation seeks to demolish are disproportion- broadband access, and so much more.
funding. ately located in low-income communities of The bill makes a bold down payment on
In particular, I know for a fact that color, including many within the borders of sound investments that address resiliency and
the parking companies at the airports Texas’s first black-formed municipality, climate change to address the impact of ex-
Independence Heights, a region of major his- treme weather events on a wide range of crit-
have not received any COVID–19-re-
toric significance. ical infrastructure.
lated funding and that requires BIPOC activists have long cited displace-
prioritizing of funding to those areas. By investing in families, workers, and com-
ment and the destruction of black commu-
My amendment would ask them to re- nities in their fight against the $7 billion munities across the country, we can support
port on those areas that have not got- megaproject, which would functionally re- American manufacturing and ingenuity and
ten funding, like the parking areas build most of the downtown freeway system create millions of jobs that cannot be ex-
where there are a lot of employees, but in the process of expanding and rerouting the ported, all while putting our country on a path
then to be able to prioritize those interstate. But the scale of the estimated de- toward zero carbon emissions, making com-
areas. struction hits particularly hard after a week munities and roads safer, and addressing
We are going to continue working, of civil unrest and consequent police bru- long-standing disparities.
tality in response to the killing of George Mr. Speaker, this transformational legislation
however, on some very vital issues that Floyd by Minneapolis police. The Black
I believe are important. And those are, makes robust investments in the infrastructure
Lives Matter movement is demanding that
in particular, large highways that de- cities across the country defund their bloat-
necessary to support the well-being of all
stroy minority and African American ed law enforcement budgets and make repar- Americans and connect them with the services
neighborhoods. For example, the I–45 ative investments in black communities— and opportunities needed to succeed in the
extension in my community is about to precisely the opposite of projects like the I– global economy, which will create millions of
destroy 158 houses, 433 apartments or 45, which would raze black neighborhoods American jobs rebuilding our country, so des-
condos, 486 public housing, 340 busi- and destroy black wealth. perately needed in light of its wreckage by the
The relationship between highways and ra- COVID–19 pandemic.
nesses, 5 churches, and 2 schools. cial injustice exemplifies the kinds of sys-
There must be the implementation of It is way past time to act on a major effort
temic issues that many protesters are now
the requirements under the environ- seeking to challenge, Linda Poon wrote at
to improve our nation’s infrastructure.
mental aspects, and that is why I also Citylab last week. Policies that on their face
The World Economic Forum ranked the
support the climate change aspects in may have appeared to be about easing trans- United States is ranked thirteenth among na-
this bill. But the environmental as- portation barriers and revitalizing cities tions with a score of 87.9 percent.
pects must be looked at as well as the were—and still are—often rooted in long- The infrastructure score is calculated based
historic aspects to ensure that when standing racial prejudice, and carried with on the following factors: road connectivity
you build, you build with the involve- them cascading effects that worsened pre-ex- index, quality of roads, railroad density, effi-
ment of the community. I will ensure isting inequalities. ciency of train services, airport connectivity,
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The highway would almost certainly result efficiency of air transport services, linear ship-
that that is going to happen. in an increase in traffic violence, too—a phe-
The SPEAKER pro tempore. The ping connectivity index, efficiency of seaport
nomenon that disproportionately impacts
time of the gentlewoman has expired. black communities. Black drivers are at se- services, electrification rate, electric power
Mr. MORELLE. Mr. Speaker, I yield rious risk, as well; three of Houston’s high- transmission and distribution losses, and ex-
an additional 30 seconds to the gentle- ways already ranked among the most dan- posure to unsafe drinking water, reliability of
woman from Texas. gerous roads in the nation in 2018. The state water supply.
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H2688 CONGRESSIONAL RECORD — HOUSE June 30, 2020
It is essential that our nation make invest- History is best experienced and not just 1. $100 billion for affordable housing to cre-
ments in infrastructure because it enables heard or read, which is why we must preserve ate or preserve 1.8 million affordable homes;
trade, powers businesses, connects workers and protect the places that are left for future 2. $10 billion for child care facilities, de-
to employment, creates opportunities for strug- generations. signed to generate additional state and private
gling communities, protects the nation from an I will continue to work with the Committee of investments;
increasingly unpredictable natural environ- Jurisdiction an the Jackson Lee Amendment 3. $130 billion for school infrastructure tar-
ment, and allows the country to respond to the that compliments the programs described in geted at high-poverty schools; and
COVID–19 Pandemic. section 1619 Nationwide Road Safety Assess- 4. $30 billion for health care facilities, includ-
Mr. Speaker, our nation’s airports experi- ment of H.R. 2. ing hospitals, community health centers, and
enced a significant economic impact due to Section 1619 establishes a program for laboratories.
COVID–19 and the level of support to airports states to focus on the issue of pedestrian and Mr. Speaker, the Moving Forward Act con-
and airlines has been generous, but not bicycle safety. nects all Americans to essential services and
enough, especially regarding what I have The Jackson Lee Amendment seeks to in- economic opportunity by providing:
learned about airport parking service areas. clude in this program a role for local govern- 1. $500 billion to rebuild and reimagine the
I thank the Rules Committee and the Com- ments who are foremost at the head of efforts nation’s transportation infrastructure;
mittee on Transportation and Infrastructure for to reduce pedestrian and bicycle deaths and 2. $100 billion for affordable high-speed
allowing the Jackson Lee amendment that re- injuries. broadband internet for all Americans;
quests a report on all areas at airports that On a national basis, about 25 percent of pe- 3. $25 billion for the Drinking Water State
have not received funding and asks that fund- destrian fatalities in 2018 occurred at intersec- Revolving Fund and other programs to provide
ing be prioritized for these areas, which in- tions or were intersection-related. clean drinking water; and
clude airport parking. Most pedestrian fatalities occurred at non- 4. $25 billion for the United States Postal
There are two Jackson Lee Amendments intersection locations. Service to modernize postal infrastructure and
H.R. 2 that are important to the constituents I The total number of pedestrian fatalities for operations.
serve, so I will continue to work with the Com- the 10 largest cities increased by about 7 per- All of this infrastructure funding I have
mittee and leadership as the bill moves cent from 2017, with 613 fatalities to 2018 with fought for. Also, there are additional provisions
through Congress to have these concerns ad- 655 fatalities. in the bill that will help put us on the path to
During the 10-year period 2009–2018 the becoming a stronger, safer, better and more
dressed.
The Jackson Lee resolutions were intended number of pedestrian fatalities increased by prosperous America, including:
to protect documented and locally recognized 53 percent, while the number of all other traffic 1. Ameliorating hazardous living conditions
historic places in the areas planned for devel- deaths increased by 2 percent. and building a more environmentally sustain-
On average, about 17 pedestrians and two able housing stock;
opment in anticipation of the designation of a
cyclists were killed each day in crashes. To- 2. Removing contaminants like PFAS from
National Historic Trail that would travers the
gether they accounted for one-fifth of traffic drinking water; and
area of Houston where planned I–45 construc-
deaths. (NYT) 3. Modernizing our energy infrastructure
tion will occur. The Jackson Lee Amendment broadens the
Earlier this year, H.R. 434, the Emanci- with an emphasis on renewable energy.
section to address safety and the emerging While this legislation would be necessary
pation National Historic Trail Report Act be-
popularity of other forms of personal transpor- under any circumstances, the coronavirus cri-
came law and it paves the way for the estab-
tation such as electric scooters. sis has magnified and accentuated the need
lishment of only the second nationally, recog- The Jackson Lee Amendment supports local
nized historic trail that chronicles the experi- for federal investments to put Americans back
efforts to address the conditions that may con-
ence of African Americans in their struggle for to work building a long-lasting foundation for a
tribute to deaths to improve pedestrian and bi-
equality and justice. stronger and more equitable America.
cycle safety.
The law directs the National Parks Service I urge all Members to vote for the rule gov-
A rough count by The Associated Press of
to conduct a study of 51 miles starting at the erning debate on H.R. 2 as well as the under-
media reports turned up at least 11 electric
historic Osterman Building and Reedy Chapel lying bill.
scooter rider deaths in the U.S. since the be-
in Galveston, Texas, the location where news Mr. WOODALL. Mr. Speaker, I yield
ginning of 2018.
spread of the Emancipation Proclamation fi- In Austin, Texas, public health officials work- myself such time as I may consume.
nally freeing the last slaves in the United ing with the Centers for Disease Control My friend from New York is abso-
States. counted 192 scooter-related injuries in three lutely right. There are 17 bipartisan
The historic trail will follow a path along months in 2018. Nearly half were head inju- amendments made in order to this bill
Highway 3 and Interstate 45, north to Freed- ries, including 15 percent that were traumatic that moved through committee in a
men’s Town, which will include Independence brain injuries like concussions and bleeding of completely partisan fashion.
Heights, and Emancipation Park in Houston, When we did this bill last time
the brain. Less than 1 percent of the injured
Texas where freed slaves settled. around, the bill that passed on a voice
riders wore a helmet.
Local preservationists have labored for gen- According to a Consumer Reports survey vote because of its bipartisan nature
erations to secure historic sites in and around conducted in March 2019, 22 percent of peo- coming out of committee, we made 34
the planned route of the proposed new na- ple who have spent time in an area where bipartisan amendments in order to im-
tional historic trail and have lost significant they saw e-scooters available for rent said prove it further. The now chairman of
buildings to past highway projects, specifically they had used one at least once. the Transportation Committee, then
to those projects related to past I–45 construc- They found that many scooter riders (27 the ranking member, said this about
tion, which cuts through Independence percent) are uncertain of the traffic laws they the rule as I was presenting it: ‘‘Mr.
Heights the first black town to receive a char- should follow. Speaker, in terms of what the gen-
ter from the state of Texas. Among people who have ridden an e-scoot- tleman from Georgia just said, I appre-
The project, which has not begun yet is er, 51 percent ride on the sidewalk, 26 percent ciate the fact that we are debating so
scheduled to begin in 2021 and is expected to in a bike lane, and 18 percent in the street but many policy amendments. This is the
cost at least $7 billion and will rebuild most of not in a bike lane. way the process should work, both
the downtown freeway system along I–45, The role of local government is essential to sides of the aisle contribute, and this is
Interstate 10, Interstate 69 and Texas 288 and addressing the problem of pedestrian and bi- great.’’ Stark contrast from what you
assorted ramps. cycle injuries and deaths. heard from our ranking member today
These plans for I–45 construction should This Jackson Lee Amendment is supported about the process.
trigger National Historic Preservation Act obli- by: Advocates for Highway and Auto Safety, At that time, the ranking member,
gations because the National Parks Service Transport Workers Union, Consumer Federa- now chairman, said: ‘‘I was willing to
has a Study to conduct regarding the history tion of America, Center for Auto Safety, Con- stay here later last night and stay here
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of the area. sumers for Auto Reliability and Safety, Truck later tonight so that everybody who
Unfortunately, some may consider that once Safety Coalition, Citizens for Reliable and wanted an amendment could have a
a historic place is removed, the ability of re- Safe Highways, Parents Against Tired Truck- chance.’’ That is not the process we
searchers, historians or preservationists to tell ers, and the Trauma Foundation. have this year as voices are shut out
a complete history is limited-and in some es- More generally, I support the Moving For- one right after another, primarily Re-
sential ways they are correct. ward Act because it provides: publican voices and bipartisan voices.
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2689
I yield such time as she may consume Last Congress, every single Democrat that we have worked on with them for
to the gentlewoman from Washington on the Energy and Commerce Com- years.
(Mrs. RODGERS), a great conservative mittee agreed that we needed to mod- It reinstates the bicycle commuter
leader in our conference who has never ernize the SAFETEA Act, to lead on tax, increases the value of the benefits,
been afraid to reach across the aisle to this transformative technology. What and allows them to be used with tran-
get the work done, and she has done it has changed? sit funds.
successfully. If the majority was serious about ad- These are the nuts and bolts of often
Mrs. RODGERS of Washington. Mr. dressing the nearly 40,000 deaths on our technical elements that form the basis
Speaker, I thank the gentleman for roads each year, they would tell the for action and progress in the future.
yielding and for his leadership on this well-funded trial bar enough is enough I look forward to working with the
issue before us today. and pursue meaningful legislation to vast array of stakeholders that are
I rise in strong opposition to the rule unleash American innovation in our counting on us to make this visionary
and the underlying bill. Unfortunately, auto sector, a part of a new era of document a reality.
this is another example of the Demo- American innovation. But, no. They Mr. WOODALL. Mr. Speaker, I yield
cratic majority putting politics over are more concerned with the trial bar myself such time as I may consume.
people. It is a missed opportunity to and their special interest groups. Mr. Speaker, I encouraged my col-
reach an agreement on many solutions Mr. Speaker, I urge my colleagues on leagues to defeat the rule so we could
that have bipartisan support. the other side of the aisle to abandon have a bipartisan process here, but if
The Energy and Commerce Com- this partisan messaging exercise and we defeat the previous question, I will
mittee on which I serve is historically work with us for a new era of innova- offer an amendment to the rule to
the most bipartisan committee in Con- tion that will help save lives. make in order H. Res. 1031.
gress. Our record of results with both Mr. MORELLE. Mr. Speaker, I would The resolution expresses a sense of
Chairman WALDEN and Chairman just note that bipartisanship is a two- the House of Representatives con-
UPTON proves it. No other committee way street. While some may suggest demning the cyberattacks perpetrated
sent more bills to the President’s desk that the majority is at fault, I would by China and other rogue states on
than Energy and Commerce during argue that there was a lack of a good- American institutions in an effort to
their tenure. faith effort on the part of the minority disrupt our response to COVID–19 by
This record of bipartisan results for to engage in meaningful dialogue on stealing our economic property that
the people has unfortunately faltered things like climate change and the im- could be used for treatments and vac-
under this current majority. And the portance of making sure we have infra- cines.
process and the politics of H.R. 2 are a structure investments in our schools Mr. Speaker, I ask unanimous con-
perfect example of why. and in our healthcare systems. sent to insert the text of my amend-
It is hard, it is actually impossible, Mr. Speaker, I yield 2 minutes to the ment into the CONGRESSIONAL RECORD
for this historic results-oriented com- gentleman from Oregon (Mr. BLU- immediately prior to the vote on the
mittee to reach an agreement when MENAUER). previous question.
there is no regular order and we, the Mr. BLUMENAUER. Mr. Speaker, I The SPEAKER pro tempore. Is there
minority, are left out of the process. rise in strong support of H.R. 2, which objection to the request of the gen-
It is easy to pass a partisan wish list reflects years of hard work with my tleman from Georgia?
for my friends across the aisle to cam- staff, with hundreds of advocates, There was no objection.
paign on when you don’t expect that innovators, and local officials to deal Mr. WOODALL. Mr. Speaker, we have
they are going to become law. with the challenges of a sustainable talked so much about bipartisanship.
Instead of using the committee proc- transportation future, especially in a This is a chance to actually do some-
ess to advance solutions like rural time of upheaval. I appreciate the com- thing in a bipartisan way.
broadband deployment, vehicle safety mittee and staff reflecting these oppor- Mr. Speaker, I yield 5 minutes to the
improvements, and American leader- tunities. gentleman from Texas (Mr. MCCAUL),
ship in clean energy, the majority is It includes a national clearinghouse the former chairman of the Homeland
continuing to take the easy way out to research the secondary impacts of Security Committee and the current
and is more interested in scoring polit- autonomous vehicles that my friend ranking member of the Foreign Affairs
ical points. from Washington just talked about. Committee, to discuss the amendment.
It adds bikeshare as an eligible ex- Mr. MCCAUL. Mr. Speaker, I thank
b 1100 the gentleman from Georgia (Mr.
pense for CMAQ funding.
We see the continued consolidation of It provides Federal funds for cities WOODALL) for yielding time.
power and decisionmaking within the and States to establish and implement We have known for years that the
Speaker’s office. Vision Zero plans to protect quality of Chinese Communist Party has been
Last Congress, this House unani- life and reduce the carnage on the conducting cyberattacks on the United
mously passed the SELF DRIVE Act— highways. States aimed not only at stealing vital
unanimous—which would have ensured It increases funding for State road data but also at destabilizing our econ-
the most important vehicle safety user charge pilot projects that is the omy.
technology of our lifetime is deployed vision for the future of how to fund Recently, the FBI and DHS discov-
here in America. transportation. ered that the CCP has taken their
Autonomous vehicles have the poten- It increases small starts reauthoriza- cyberattacks to a new low by attempt-
tial to save tens of thousands of lives, tion. ing to hack into U.S. research facili-
restore independence to our seniors and It increases the volume cap on pri- ties, in an effort to steal COVID–19 vac-
people with disabilities, and create a vate activity bonds issued for surface cine research.
cleaner environment with less road transportation. In other words, Mr. Speaker, at a
congestion. It increases the value of the historic time when scientists around the world
Autonomous vehicles are our future. tax credit and makes it more acces- are working together in an epic race
America could lead, America should sible for different types of projects. against time to develop a lifesaving
lead in this new era, but sadly, the ma- Most critically, when we are dealing vaccine to rescue the world from the
jority is content to let other countries with renewable energy projects, it pro- grips of the coronavirus, the CCP is
lead. In fact, the U.S. has fallen behind vides for direct payment in lieu of tax trying to steal that research for their
since our work on the SELF DRIVE credits for renewable energy projects own selfish purposes.
Act. We will continue to fall behind be- at a time when there is less appetite This news comes when the evidence
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cause we lack a national strategy and for traditional tax credits. has shown that the Chinese Communist
a viable path to deployment. It clarifies that energy storage Party is responsible for allowing this
Other countries, like China, are not projects qualify for investment tax virus to spread into a pandemic.
waiting for us. They are moving full credits to spur the development. The House Foreign Affairs Com-
speed ahead with testing, and it is hap- It increases the value of section 179D mittee Republicans spent the last sev-
pening in our own backyard. energy efficient commercial buildings eral months investigating the origins
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H2690 CONGRESSIONAL RECORD — HOUSE June 30, 2020
of this pandemic, in the hopes of learn- cyberattacks on the United States, rather than trying to re-create an
ing vital lessons that would help us both on government and our private unsustainable or inequitable past.
prevent the next one. This report de- sector, I think what is equally trou- H.R. 2 also includes one of my prior-
tails how the CCP chose to cover up bling are physical attacks and bounties ities, the Reopen and Rebuild Amer-
the virus and lie to the world at every placed by Russian leaders on U.S. sol- ica’s Schools Act, which will invest
turn, allowing the coronavirus to diers in Afghanistan. I don’t see any $130 billion into rundown, obsolete, and
spread not only throughout their own note of that in the resolution. often dangerous school facilities that
country, Mr. Speaker, but around the But the bigger issue here is that we pose risks for students, teachers, and
world in a global pandemic. have a $1.5 trillion infrastructure bill staffs.
They silenced doctors trying to in front of us. I would certainly join Many of the communities I represent
sound the alarm about the virus and with my colleagues in any resolutions are in dire need of these funds, and I
disappeared journalists who were re- on Chinese and Russian interference in would be willing to bet that many of
porting the truth about Wuhan. They American activities. The work in front your communities are as well.
shut down laboratories and ordered of us, however, is a $1.5 trillion trans- This isn’t an urban vs. rural issue.
that virus samples be destroyed. They portation bill desperately needed for Public schools nationwide have been
repeatedly lied about the virus spread- American citizens throughout this underfunded for decades, and our chil-
ing human to human, that it was trans- country. dren have paid the price.
mitted human to human, that it was Mr. Speaker, I yield 3 minutes to the In the last 18 months and before
contagious. They allowed mass travel gentlewoman from Pennsylvania (Ms. being sworn in, in my prior career, I
throughout China and internationally SCANLON), a distinguished member of had visited far too many schools that
despite knowing that the virus was the Rules Committee. lack basic facilities, like working
spreading human to human. Ms. SCANLON. Mr. Speaker, I thank water fountains, space for physical
Mr. Speaker, this week has served as Mr. MORELLE for yielding to me, and I education, or a library. I have visited
a bleak reminder of what the Chinese second his remarks regarding Russian schools that have crumbling plaster
Communist Party really is. Last night, bounty. I am proud to rise in support and lead paint on the walls and asbes-
the CCP sham legislature passed its so- here today of H.R. 2. tos in the insulation, schools that have
called national security law for Hong H.R. 2 will make meaningful, long- exposed radiators and pipes in class-
Kong, destroying their autonomy and overdue investments in our roads, rooms that can give a child second-de-
oppressing a freedom-loving people and bridges, airports, ports, and transpor- gree burns. This legislation is critical,
violating the Sino-U.K. treaty. Yester- tation systems. It will invest billions and I am proud to support it.
day, the world was made aware that in zero-emission, and modernize road b 1115
the CCP is using forced sterilization, systems to reduce gridlock, something
The SPEAKER pro tempore. The
forced abortion, and coercive family we can all cheer about in my district.
time of the gentlewoman has expired.
planning against ethnic minorities, in- This is game-changing, economy-al- Mr. WOODALL. Mr. Speaker, I yield
cluding the Uighur Muslims. tering legislation. So when I hear my myself such time as I may consume.
These disturbing realizations are un- colleagues talk about the price tag on Mr. Speaker, to be fair, this bill is
folding as the world is still grappling a bill like this, I have to wonder where not about us investing in the future; it
with the coronavirus pandemic that exactly they think this money is going. is about us borrowing money from our
the CCP helped create. This bill invests directly in American children to invest in the future.
Now that millions of people around families, in workers, and in the com- I will read from the current chairman
the world have been infected and more munities in which we live. of the Transportation Committee.
than half a million have died, we Stakeholders in my district have These were his comments during our
learned that the CCP isn’t helping to been crying out for a comprehensive in- last reauthorization. He says: ‘‘ . . .
fix the pandemic they are responsible frastructure bill for years. I represent the biggest and most glaring omission
for creating. Instead, Mr. Speaker, ac- Pennsylvania’s Fifth District, which is by the Rules Committee is of not al-
cording to the FBI and Department of the gateway to the Philadelphia re- lowing any attempt by this House to
Homeland Security, they are con- gion. My district is home to the Phila- fund the bill.’’
ducting cyberattacks on American sci- delphia port and shipyard, home to one At that time, you remember, Mr.
entific organizations and hospitals in of the busiest airports in the country, Speaker, we only provided 3 years of
an attempt to steal research being used home to the Eastern Seaboard’s pas- funding for a 6-year bill. We went back
to develop a vaccine for the virus. senger and freight rail lines, plus com- and found the remaining 3 years later.
In other words, they are trying to muter rails, streetcars, subways, and a He goes on to say: ‘‘The U.S. Cham-
steal our research to develop a vaccine network of interstate bridges and ber of Commerce supports an increase
to save the world from the very pan- roads, all of which are in serious need in the user fee.’’ That is the gas tax.
demic that they created. This is abso- of upkeep. ‘‘The American Trucking Association
lutely unacceptable and must be con- But this bill is not just about the supports an increase in the user fee. We
demned. concrete that will be poured to fix pot- are virtually being begged by interest
So, today, Mr. Speaker, I ask that holes or the steel used to renovate a groups out there representing con-
you join me in opposing the previous bridge. It is an investment in the sumers and commercial users of the
question so we can consider the American people at a time when it is system to do something, vote on some-
Kinzinger resolution to do just that. needed most. thing.’’
My colleagues on both sides of the H.R. 2 will provide good-paying, sta- I talked about all of the differences
aisle should come together and say, in ble jobs that can support American between the way we handled the proc-
one united voice, that we condemn workers and their families. At a time ess last time and the way we handled
these attacks by the Chinese Com- when we are facing double-digit unem- the process this time, Mr. Speaker. I
munist Party and that we believe that ployment in the United States, a mas- will note that there are also differences
those who are responsible should be sive investment in our people is ex- in the way that the chairman wanted
held accountable. actly what we need. to handle the process last time, which
This is the issue of our time, so let’s This bill will put people back to is voting to fund this bill. When we
move forward together on calling out work, prevent further erosion of our funded half of it, he wanted to fund all
the CCP for their continued outrageous environment, and give children and of it. This time we are funding none of
and dangerous misbehavior. families the support they desperately it, Mr. Speaker. That is the heavy lift-
dlhill on DSK120RN23PROD with HOUSE
Mr. Speaker, I urge a ‘‘no’’ vote on need. ing that needs to be done, and it can
the previous question. In doing so, this bill lays down the only be done in a bipartisan way.
Mr. MORELLE. Mr. Speaker, I yield important principle that when we in- I reserve the balance of my time.
myself such time as I may consume. vest in our infrastructure and our Mr. MORELLE. Mr. Speaker, I just
Mr. Speaker, I do note, while this is economy, we must do so in a way that note that in the last Congress, the ma-
certainly a very, very important issue, builds for the 21st century and beyond jority invested $2 trillion in a tax cut
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2691
that 83 percent went to the wealthiest commercial buildings, and revives the I want to stipulate that the bill abso-
1 percent of Americans, and despite energy manufacturing credit, a suc- lutely does that. And I ask my friends
that, we see no lasting benefit of that. cessful Recovery Act program designed to stipulate that the bill has absolutely
It has added substantially to the def- to spur investment in renewable energy no chance of ever becoming the law of
icit of the United States, to the tune of jobs. the land, so none of those things are
over $1.3 trillion. We prefer to make Mr. Speaker, H.R. 2 represents the ever going to happen.
these investments in American fami- kind of bold, forward-thinking invest- Hear me, Mr. Speaker, it does every
lies and in American jobs. ment our planet and our economy des- single one of those things if it becomes
Mr. Speaker, I yield 2 minutes to the perately need. law, but because it is moved in a par-
gentlewoman from California (Ms. I urge everyone to vote for this bill. tisan process when we have bipartisan
BARRAGÁN). The SPEAKER pro tempore. The government, it will never become law
Ms. BARRAGÁN. Mr. Speaker, for time of the gentleman has expired. and it will never happen. Not one of
too long, communities of color, Black Mr. WOODALL. Mr. Speaker, I share those things that my colleagues ear-
and Brown communities, have suffered with my friend from New York that I nestly believe their constituencies
environmental injustice. don’t have any speakers remaining, need and are demanding is going to be
For too long, these same commu- and I am prepared to close. delivered.
nities have been on the front lines of Can I ask how much time is remain- Mr. Speaker, I don’t want to make
environmental air pollution that has ing, Mr. Speaker. the point. I do want to make the dif-
caused higher rates of cancer and asth- The SPEAKER pro tempore. The gen- ference. I recognize that in divided gov-
ma and, with COVID–19, more deaths. tleman from Georgia has 51⁄2 minutes ernment sometimes you have to put
For too long, these communities have remaining. out the party line. Sometimes you
literally said: I can’t breathe. The gentleman from New York has 5 have to stand up and say, ‘‘This is
My very own district is surrounded minutes remaining. where I am; now let’s figure out where
by three freeways and the Port of Los Mr. WOODALL. Mr. Speaker, I yield you are,’’ and then the negotiation
Angeles. Ports are critical jobs. They myself such time as I may consume. happens later.
provide movement of goods. They are a Mr. Speaker, I am a positive guy. I That happens on a lot of bills in this
huge economic engine. But they also love coming down here and talking institution. It doesn’t usually happen
are the cause of air pollution on the about the great things we are doing as on transportation, it doesn’t usually
docks, not to mention the truck traffic a country, the amazing steps forward happen on infrastructure, because the
that goes to and from ports. that we are making, the way we are ex-
Today, I am proud to say that my way transportation and infrastructure
ceeding the expectation of our con- usually happen is we partner from day
bill, the Climate Smart Ports Act, is stituents, and that was the speech I got
included in this infrastructure pack- one.
to give when Republicans were in the In the last Congress, Mr. Speaker,
age. It will make a significant dif- majority and I got to bring the bipar- last time we moved this bill, roughly
ference to air quality in my district tisan package. an equal number of Republican ideas,
and for the 40 percent of Americans At that time, Janet was sitting to Democratic ideas, and bipartisan ideas
who live near a port. my left and Caitlin would have been
This bill will invest billions in zero- were considered to improve the bill.
sitting right behind Mr. MCGOVERN. A This time around, Mr. Speaker, we will
emission technology at ports and clean
lot of things haven’t changed much consider 17 bipartisan amendments, 19
trucks that go to and from ports. That
since that time. But some things have. Republican amendments, and 134
is right, zero emissions.
Bottom line is it will save lives, cre- One of the things that has changed is Democratic amendments. Last time
ate jobs, and fight the climate crisis. COVID–19 is ravaging the Nation, and I around, roughly one to one; this time
Today I ask you to join me in voting want to say to my Rules Committee around, seven Democratic ideas for
for H.R. 2: to invest in our Nation’s in- friends, because we have got a lot of every one Republican idea.
frastructure, to invest in greening our work left to do in this cycle, I recog- Last time around, the bill was craft-
ports, to invest in fighting the climate nize that there is an inclination among ed in a partnership way so that more
crisis, and to invest in improving air some in leadership in this House to ideas and everyone was included in the
quality for the people. shut down this process, to keep folks beginning. This time around, the bill
Mr. WOODALL. Mr. Speaker, I re- off the floor, to keep votes from hap- moved in a strict party-line vote.
serve the balance of my time. pening with great frequency, all in the I understand we can’t be the best
Mr. MORELLE. Mr. Speaker, I yield 1 name of public health. version of ourselves as an institution
minute to the gentleman from Cali- I would tell you that may protect the every day of the week, Mr. Speaker. I
fornia (Mr. THOMPSON). health of the Members generally, but it recognize that. And it is not even our
Mr. THOMPSON of California. Mr. undermines the health of the institu- goal every day of the week. Sometimes
Speaker, I rise today in strong support tion specifically. And I am grateful to we have a partisan priority, an itch
of H.R. 2. This vital legislation rebuilds my friends on the Rules Committee for that needs to be scratched. But good
our Nation’s infrastructure, invests in fighting those urges and advocating for habits are hard to keep; bad habits are
American workers, and bolsters our a more open process on the floor of the easy to make.
Nation’s economy, all at a critical House. There is a reason the Transportation
juncture in our fight against COVID–19. Again, I know I can attribute that and Infrastructure Committee is spe-
This pandemic has cost thousands of sentiment to my friend from New cial. There is a reason Mr. DEFAZIO
Americans their lives and many more York, and I know I can attribute that stood in line so long waiting on his op-
millions their jobs. It is essential that sentiment to the chairman, the gen- portunity to lead. It is a special place
we do everything in our power to drive tleman from Massachusetts (Mr. where you can make a huge difference
investment and boost our economy, MCGOVERN). on behalf of not just your community,
and this bill does just that. But the transportation bill, Mr. but your country.
I am particularly pleased that H.R. 2 Speaker, is different from most of what We are squandering that opportunity
includes my legislation, the GREEN we do. I hope we will have an oppor- today. There were lots of good ideas
Act, which invests over $150 billion in tunity to bring a bipartisan bill to the that we could have moved forward in a
reducing car emissions and expanding floor, and then we can have that bipar- partnership way.
clean energy technologies. That bill ex- tisan conversation about limiting de- I hope that the extraordinary par-
tends and expands Federal tax incen- bate so that we can move the bipar- tisanship that represents a dramatic
dlhill on DSK120RN23PROD with HOUSE
tives, promoting investment in solar, tisan idea forward so that we can get a change from anything that we have
wind, geothermal, and fuel cell tech- signature on the President’s desk. ever done in this transportation envi-
nologies, all with the goal of Mr. Speaker, every good thing you ronment before is the aberration, and
decarbonizing our atmosphere. heard mentioned that this bill does on that as soon as that partisan itch gets
The bill also increases Federal sup- the other side of the aisle today, every scratched, my colleagues will then turn
port for energy efficiency, including in good thing you have heard mentioned, their attention to being able to get
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H2692 CONGRESSIONAL RECORD — HOUSE June 30, 2020
something done. Because when my perhaps it is not likely this bill, every The vote was taken by electronic de-
friends talked about road safety and word and every comma will become law vice, and there were—yeas 230, nays
the needs America has, they were unless, all of a sudden, there is enlight- 180, not voting 20, as follows:
right. When my friends talked about enment in the United States Senate, [Roll No. 130]
crumbling infrastructure and the needs which I frankly have some doubt
YEAS—230
America has, they were right. When about. But make no mistake, much of
Adams Gomez Ocasio-Cortez
my friends talked about investing in us what is in here will become law be- Aguilar Gonzalez (TX) Omar
as a nation, my friends were right. cause it is important to us as a major- Allred Gottheimer Pallone
I want to join with them to make ity and it is important to the American Axne Green, Al (TX) Panetta
those things happen; but today, Mr. people. Barragán Grijalva Pappas
Bass Haaland Pascrell
Speaker, I encourage my colleagues to We are going to continue to stand Beatty Harder (CA) Payne
vote ‘‘no’’ on the previous question and and fight for these things in the midst Bera Hastings Perlmutter
to vote ‘‘no’’ on the rule. of these great crises because they are Beyer Hayes Peters
I yield back the balance of my time. Bishop (GA) Heck Peterson
important, we need to put Americans Blumenauer Higgins (NY)
Mr. MORELLE. Mr. Speaker, I yield back to work to build our infrastruc- Phillips
Blunt Rochester Himes Pingree
myself such time as I may consume. ture and to build an infrastructure for Bonamici Horn, Kendra S. Pocan
Mr. Speaker, let me begin by thank- the next generation. This isn’t about Boyle, Brendan Horsford Porter
ing my colleague and friend on the now. This isn’t about digging a hole
F. Houlahan Pressley
Rules Committee (Mr. WOODALL), who Brindisi Hoyer
Price (NC)
and filling it back up, digging another Brown (MD) Huffman
Quigley
is really one of the thought leaders in hole and filling it back up. These are Brownley (CA) Jackson Lee
Raskin
this Chamber and has always com- great needs. They are needs that we Bustos Jayapal
Rice (NY)
mitted to bipartisanship, always com- Butterfield Jeffries
have, frankly, ignored for decades now. Richmond
Carbajal Johnson (GA)
mitted to what is best for our Nation Rose (NY)
The time has come to address them. Cárdenas Johnson (TX)
and for the people blessed to call this So this is a question of values. It is a Carson (IN) Kaptur Rouda
Nation home. I want to thank him, as Cartwright Keating Roybal-Allard
question of what we believe Americans Case Kelly (IL) Ruiz
always, for his partnership and his hard Ruppersberger
need, what our families need, and what Casten (IL) Kennedy
work in his diligence to the cause. Rush
our communities need. Castor (FL) Khanna
I take a slightly different view of Castro (TX) Kildee Ryan
We will get there. I have faith that Sánchez
what we do here today than my friend Chu, Judy Kilmer
we will negotiate a bill, and much of Cicilline Kim Sarbanes
because this isn’t, in my view, strictly
what is included today, hopefully, will Cisneros Kind Scanlon
a partisan issue or a party issue or a Clark (MA) Kirkpatrick Schakowsky
pass, will be included in the final pack-
platform issue or a messaging issue. Clarke (NY) Krishnamoorthi Schiff
age, and will be signed by the President Schneider
This is an issue of what we value as Clay Kuster (NH)
because it is too important for America Cleaver Lamb Schrader
Americans, what we believe and what
not to do. Clyburn Langevin Schrier
the majority believes is important to Cohen Larsen (WA) Scott (VA)
Mr. Speaker, I thank all my col-
the citizens of this country. Connolly Larson (CT) Scott, David
We do face, as Mr. WOODALL notes, leagues for their words in favor of H.R. Cooper Lawrence Serrano
the greatest pandemic this country has 2, the Moving Forward Act. Correa Lawson (FL) Sewell (AL)
Mr. Speaker, I urge a ‘‘yes’’ vote on Costa Lee (CA) Shalala
faced in at least a century. We have Courtney Lee (NV) Sherman
125,000 Americans who have lost their the rule and a ‘‘yes’’ vote on the pre- Cox (CA) Levin (CA) Sherrill
lives to it. So this is an extraordinary vious question. Craig Levin (MI) Sires
The material previously referred to Crist Lewis Slotkin
time, and it calls for extraordinary Crow Lieu, Ted
by Mr. WOODALL is as follows: Smith (WA)
measures and a $1.5 trillion plan to Cuellar Lipinski Soto
move America forward to address our AMENDMENT TO HOUSE RESOLUTION 1028 Cunningham Loebsack Spanberger
At the end of the resolution, add the fol- Davids (KS) Lofgren
transportation crisis, to address our Davis (CA) Lowenthal
Stanton
climate change crisis, to address our lowing: Stevens
SEC. 10. Immediately upon adoption of this Davis, Danny K. Lowey Suozzi
healthcare crisis, to address the chal- resolution, the House shall proceed to the
Dean Luján
Swalwell (CA)
lenges brought on by crumbling schools DeFazio Luria
consideration in the House of the resolution Takano
DeGette Lynch
across this country. (H. Res. 1031) condemning the cyber attacks DeLauro Malinowski
Thompson (CA)
One of the learnings of this pan- Thompson (MS)
on American persons and organizations con- DelBene Maloney,
Titus
demic, in my view, has been the digital ducting research related to COVID 19 and ex- Delgado Carolyn B.
Tlaib
divide. Whether it is in telehealth, in pressing the sense of the House of Represent- Demings Maloney, Sean
DeSaulnier Matsui Tonko
telemedicine, we know that those com- atives that those responsible for perpe- Torres (CA)
Dingell McAdams
munities of color that already face dis- trating such belligerent acts should face con- Doggett McBath Torres Small
sequences. The resolution shall be considered Doyle, Michael McCollum (NM)
parities face even greater disparities. Trahan
as read. The previous question shall be con- F. McEachin
So the broadband initiative included in sidered as ordered on the resolution and pre- Engel McGovern Trone
this is so vitally important to all of us. amble to adoption without intervening mo- Escobar McNerney Underwood
We see that when it comes to dis- Eshoo Meeks Vargas
tion or demand for division of the question
Espaillat Meng Veasey
tance learning in our schools. Crum- except one hour of debate equally divided Vela
Evans Mfume
bling schools, yes, but the inability of and controlled by the chair and ranking mi- Finkenauer Moore Velázquez
schoolchildren to get to online classes nority member of the Committee on Foreign Fletcher Morelle Visclosky
and distance learning because of Affairs. Clause 1(c) of rule XIX shall not Foster Moulton Wasserman
broadband challenges is great, as well, apply to the consideration of House Resolu- Frankel Mucarsel-Powell Schultz
tion 1031. Fudge Murphy (FL) Waters
and we need to do everything we can to Gabbard Nadler Watson Coleman
Mr. MORELLE. Mr. Speaker, I yield
limit those disparities. Gallego Napolitano Welch
And those are the great learnings, back the balance of my time, and I Garamendi Neal Wexton
perhaps, of this pandemic and things move the previous question on the res- Garcı́a (IL) Neguse Wild
olution. Garcia (TX) Norcross Wilson (FL)
we can do about it. Golden O’Halleran Yarmuth
The SPEAKER pro tempore. The
b 1130 question is on ordering the previous NAYS—180
That is why we believe so strongly in question. Aderholt Barr Budd
investing those dollars in meeting the The question was taken; and the Allen Bergman Burchett
challenge of climate change, the defin- Speaker pro tempore announced that Amash Biggs Burgess
dlhill on DSK120RN23PROD with HOUSE
Amodei Bilirakis Byrne
ing challenge of our time. Transpor- the ayes appeared to have it. Armstrong Bishop (NC) Calvert
tation is the leading cause of U.S. car- Mr. WOODALL. Mr. Speaker, on that Arrington Bost Carter (GA)
bon pollution. So these are the values I demand the yeas and nays. Babin Brady Carter (TX)
The SPEAKER pro tempore. Pursu- Bacon Brooks (AL) Chabot
we embrace. Baird Brooks (IN) Cheney
While certainly I take as an article of ant to section 3 of House Resolution Balderson Buchanan Cline
faith what Mr. WOODALL said, which is, 965, the yeas and nays are ordered. Banks Bucshon Cloud
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2693
Cole Johnson (LA) Rogers (KY) The question was taken; and the Bishop (NC) Hagedorn Pence
Collins (GA) Johnson (OH) Rose, John W. Bost Harris Perry
Comer Johnson (SD) Rouzer
Speaker pro tempore announced that Brady Hartzler Posey
Conaway Jordan Roy the ayes appeared to have it. Brooks (AL) Hern, Kevin Reschenthaler
Cook Joyce (OH) Rutherford Mr. WOODALL. Mr. Speaker, on that Brooks (IN) Herrera Beutler Rice (SC)
Crawford Joyce (PA) Scalise Buchanan Hice (GA) Riggleman
Crenshaw Katko Schweikert
I demand the yeas and nays. Bucshon Higgins (LA) Rodgers (WA)
Curtis Keller Scott, Austin The SPEAKER pro tempore. Pursu- Budd Hill (AR) Roe, David P.
Davidson (OH) Kelly (MS) Shimkus ant to section 3 of House Resolution Burchett Holding Rogers (AL)
Davis, Rodney Kelly (PA) Simpson 965, the yeas and nays are ordered. Burgess Hollingsworth Rogers (KY)
DesJarlais King (NY) Smith (MO) Byrne Horn, Kendra S. Rose, John W.
Diaz-Balart Kinzinger Smith (NE) The vote was taken by electronic de- Calvert Hudson Rouzer
Duncan Kustoff (TN) Smith (NJ) vice, and there were—yeas 222, nays Carter (GA) Huizenga Roy
Dunn LaHood Smucker 183, not voting 25, as follows: Carter (TX) Hurd (TX) Rutherford
Estes LaMalfa Spano Chabot Johnson (LA) Scalise
Ferguson Lamborn Stauber [Roll No. 131] Cheney Johnson (OH) Schweikert
Fitzpatrick Latta Stefanik YEAS—222 Cline Johnson (SD) Scott, Austin
Fleischmann Lesko Steil Cloud Jordan Shimkus
Adams Gomez Omar
Flores Long Steube Cole Joyce (OH) Simpson
Aguilar Gonzalez (TX) Pallone
Fortenberry Lucas Stewart Collins (GA) Joyce (PA) Smith (MO)
Allred Gottheimer Panetta
Foxx (NC) Luetkemeyer Stivers Comer Katko Smith (NE)
Axne Green, Al (TX) Pappas
Fulcher Massie Taylor Conaway Keller Smith (NJ)
Barragán Grijalva Pascrell
Gaetz Mast Thompson (PA) Cook Kelly (MS) Smucker
Bass Haaland Payne
Garcia (CA) McCarthy Thornberry Crawford Kelly (PA) Spano
Beatty Harder (CA) Perlmutter
Gianforte McCaul Tiffany Crenshaw King (NY) Stauber
Bera Hastings Peters
Gibbs McClintock Timmons Curtis Kinzinger Stefanik
Beyer Hayes Peterson
Gohmert McHenry Tipton Davidson (OH) Kustoff (TN) Steil
Bishop (GA) Heck Phillips
Gonzalez (OH) McKinley Turner Davis, Rodney LaHood Steube
Blumenauer Higgins (NY) Pingree
Gooden Meuser Upton DesJarlais LaMalfa Stewart
Blunt Rochester Himes Pocan
Graves (GA) Miller Van Drew Diaz-Balart Lamborn Stivers
Bonamici Horsford Porter
Graves (LA) Mitchell Wagner Duncan Latta Thompson (PA)
Boyle, Brendan Houlahan Pressley
Graves (MO) Moolenaar Walberg Dunn Lesko Thornberry
F. Hoyer Price (NC)
Green (TN) Mooney (WV) Walden Estes Long Tiffany
Brindisi Huffman Quigley
Griffith Mullin Walker Ferguson Lucas Timmons
Brown (MD) Jackson Lee Raskin
Grothman Murphy (NC) Walorski Fitzpatrick Luetkemeyer Tipton
Brownley (CA) Jayapal Rice (NY)
Guest Newhouse Waltz Fleischmann Massie Turner
Bustos Jeffries Richmond
Hagedorn Norman Watkins Flores Mast Upton
Butterfield Johnson (GA) Rose (NY)
Harris Nunes Webster (FL) Fortenberry McAdams Van Drew
Carbajal Johnson (TX) Rouda
Hartzler Olson Wenstrup Foxx (NC) McCarthy Wagner
Cárdenas Kaptur Roybal-Allard
Hern, Kevin Palmer Westerman Fulcher McCaul Walberg
Carson (IN) Keating Ruiz
Herrera Beutler Pence Williams Gaetz McClintock Walden
Cartwright Kelly (IL) Ruppersberger
Hice (GA) Perry Wilson (SC) Garcia (CA) McHenry Walker
Case Kennedy Rush
Higgins (LA) Posey Wittman Gianforte McKinley Walorski
Casten (IL) Khanna Ryan
Hill (AR) Reschenthaler Womack Gibbs Meuser Waltz
Castor (FL) Kildee Sánchez
Holding Rice (SC) Woodall Gohmert Miller Watkins
Castro (TX) Kilmer Sarbanes
Hollingsworth Riggleman Wright Golden Mitchell Wenstrup
Chu, Judy Kim Scanlon
Hudson Rodgers (WA) Yoho Gonzalez (OH) Moolenaar Westerman
Cicilline Kind Schakowsky
Huizenga Roe, David P. Young Gooden Mooney (WV) Williams
Cisneros Kirkpatrick Schiff
Hurd (TX) Rogers (AL) Zeldin Graves (GA) Mullin Wilson (SC)
Clark (MA) Krishnamoorthi Schneider
Graves (LA) Murphy (FL) Wittman
NOT VOTING—20 Clarke (NY) Kuster (NH) Schrader
Graves (MO) Murphy (NC) Womack
Clay Lamb Schrier
Abraham Granger Reed Green (TN) Newhouse Woodall
Cleaver Langevin Scott (VA)
Bishop (UT) Guthrie Roby Griffith Norman Wright
Clyburn Larsen (WA) Scott, David
Buck King (IA) Rooney (FL) Grothman Nunes Yoho
Connolly Larson (CT) Serrano
Deutch Loudermilk Sensenbrenner Guest Olson Young
Cooper Lawrence Sewell (AL)
Emmer Marchant Speier Guthrie Palmer Zeldin
Correa Lawson (FL) Shalala
Gallagher Marshall Weber (TX) Costa Lee (CA) Sherman
Gosar Palazzo
NOT VOTING—25
Courtney Lee (NV) Sherrill
Cox (CA) Levin (CA) Sires Abraham Gosar Reed
b 1215 Craig Levin (MI) Slotkin Bishop (UT) Granger Roby
Crist Lewis Smith (WA) Buck King (IA) Rooney (FL)
Messrs. LAHOOD and STIVERS Crow Lieu, Ted Soto Cohen Loudermilk Sensenbrenner
changed their vote from ‘‘yea’’ to Cuellar Lipinski Spanberger Deutch Maloney, Speier
Doyle, Michael Carolyn B. Taylor
‘‘nay.’’ Cunningham Loebsack Stanton
F. Marchant Vela
Davids (KS) Lofgren Stevens
Messrs. NEGUSE and DEFAZIO Davis (CA) Lowenthal Suozzi Emmer Marshall Weber (TX)
changed their vote from ‘‘nay’’ to Davis, Danny K. Lowey Swalwell (CA) Gallagher Palazzo Webster (FL)
‘‘yea.’’ Dean Luján Takano
DeFazio Luria Thompson (CA) b 1255
So the previous question was ordered.
DeGette Lynch Thompson (MS) Ms. KAPTUR changed her vote from
The result of the vote was announced DeLauro Malinowski Titus
as above recorded. DelBene Maloney, Sean Tlaib ‘‘nay’’ to ‘‘yea.’’
MEMBERS RECORDED PURSUANT TO HOUSE Delgado Matsui Tonko So the resolution was agreed to.
RESOLUTION 965, 116TH CONGRESS
Demings McBath Torres (CA) The result of the vote was announced
DeSaulnier McCollum Torres Small
Cárdenas Lawson (FL) Pingree Dingell McEachin (NM)
as above recorded.
(Gomez) (Evans) (Cicilline) Doggett McGovern Trahan A motion to reconsider was laid on
Cleaver (Clay) Lee (CA) Price (NC) Engel McNerney Trone the table.
DeSaulnier (Huffman) (Butterfield) Escobar Meeks Underwood
PERSONAL EXPLANATION
(Matsui) Lewis (Kildee) Rush Eshoo Meng Vargas
Frankel (Clark Lieu, Ted (Beyer) (Underwood) Espaillat Mfume Veasey Ms. GRANGER. Mr. Speaker, I missed
(MA)) Lofgren (Boyle, Sánchez (Roybal- Evans Moore Velázquez votes due to circumstances beyond my con-
Hastings Finkenauer Morelle Visclosky
(Wasserman
Brendan F.) Allard)
Fletcher Moulton Wasserman
trol. Had I been present, I would have voted
Lowenthal Serrano ‘‘nay’’ on rollcall No. 130 and ‘‘nay’’ on rollcall
Schultz) Foster Mucarsel-Powell Schultz
(Beyer) (Jeffries)
Johnson (TX)
Lowey (Tonko) Vargas (Levin
Frankel Nadler Waters No. 131.
(Jeffries) Fudge Napolitano Watson Coleman
Meng (Tonko) (CA)) MEMBERS RECORDED PURSUANT TO HOUSE
Khanna (Gomez) Gabbard Neal Welch
Kirkpatrick Moore (Beyer) Watson Coleman RESOLUTION 965, 116TH CONGRESS
Gallego Neguse Wexton
(Gallego) Nadler (Jeffries) (Pallone) Garamendi Norcross Wild Cárdenas Johnson (TX) Lawson (FL)
Kuster (NH) Napolitano Welch Garcı́a (IL) O’Halleran Wilson (FL) (Gomez) (Jeffries) (Evans)
(Brownley (Correa) (McGovern) Garcia (TX) Ocasio-Cortez Yarmuth Cleaver (Clay) Khanna (Gomez) Lee (CA)
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(CA)) Payne Wilson (FL) DeSaulnier Kirkpatrick (Huffman)
Langevin (Wasserman (Hayes) NAYS—183 (Matsui) (Gallego) Lewis (Kildee)
(Lynch) Schultz) Aderholt Arrington Banks Frankel (Clark Kuster (NH) Lieu, Ted (Beyer)
Allen Babin Barr (MA)) (Brownley Lofgren (Boyle,
The SPEAKER pro tempore (Mr. Hastings (CA)) Brendan F.)
Amash Bacon Bergman
QUIGLEY). The question is on the reso- Amodei Baird Biggs (Wasserman Langevin Lowenthal
lution. Armstrong Balderson Bilirakis Schultz) (Lynch) (Beyer)
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H2694 CONGRESSIONAL RECORD — HOUSE June 30, 2020
Lowey (Tonko) Pingree Vargas (Levin DIVISION B—SURFACE TRANSPORTATION Sec. 1502. Tribal transportation program.
Meng (Tonko) (Cicilline) (CA)) Sec. 1503. Tribal High Priority Projects pro-
Price (NC)
Sec. 1001. Applicability of division.
Moore (Beyer) Watson Coleman gram.
Nadler (Jeffries) (Butterfield) (Pallone) TITLE I—FEDERAL-AID HIGHWAYS
Sec. 1504. Federal lands transportation pro-
Napolitano Rush Welch Subtitle A—Authorizations and Program
(Underwood) gram.
(Correa) (McGovern) Conditions
Sánchez (Roybal- Sec. 1505. Federal lands and Tribal major
Payne Wilson (FL)
Allard) Sec. 1101. Authorization of appropriations. projects program.
(Wasserman (Hayes)
Serrano Sec. 1102. Obligation limitation. Sec. 1506. Office of Tribal Government Affairs.
Schultz)
(Jeffries) Sec. 1103. Definitions and declaration of policy. Sec. 1507. Alternative contracting methods.
f Sec. 1104. Apportionment. Sec. 1508. Divestiture of federally owned
Sec. 1105. Additional deposits into Highway bridges.
RECESS Trust Fund. Sec. 1509. Study on Federal funding available
Sec. 1106. Transparency. to Indian Tribes.
The SPEAKER pro tempore. Pursu- Sec. 1107. Complete and context sensitive street Sec. 1510. GAO study.
ant to clause 12(a) of rule I, the Chair design.
declares the House in recess for a pe- Subtitle F—Additional Provisions
Sec. 1108. Innovative project delivery Federal
riod of less than 15 minutes. share. Sec. 1601. Vision zero.
Accordingly (at 12 o’clock and 58 Sec. 1109. Transferability of Federal-aid high- Sec. 1602. Speed limits.
way funds. Sec. 1603. Broadband infrastructure deploy-
minutes p.m.), the House stood in re- ment.
cess. Sec. 1110. Tolling.
Sec. 1111. HOV facilities. Sec. 1604. Balance Exchanges for Infrastructure
f Sec. 1112. Buy America. Program.
Sec. 1113. Federal-aid highway project require- Sec. 1605. Stormwater best management prac-
b 1312 tices.
ments.
AFTER RECESS Sec. 1114. State assumption of responsibility for Sec. 1606. Pedestrian facilities in the public
categorical exclusions. right-of-way.
The recess having expired, the House Sec. 1607. Highway formula modernization re-
Sec. 1115. Surface transportation project deliv-
was called to order by the Speaker pro ery program written agreements. port.
tempore (Mr. CUELLAR) at 1 o’clock and Sec. 1116. Corrosion prevention for bridges. Sec. 1608. Consolidation of programs.
12 minutes p.m. Sec. 1117. Sense of Congress. Sec. 1609. Student outreach report to Congress.
f Subtitle B—Programmatic Infrastructure Sec. 1610. Task force on developing a 21st cen-
Investment tury surface transportation work-
INVESTING IN A NEW VISION FOR force.
Sec. 1201. National highway performance pro-
THE ENVIRONMENT AND SUR- gram.
Sec. 1611. On-the-job training and supportive
FACE TRANSPORTATION IN services.
Sec. 1202. Increasing the resilience of transpor-
AMERICA ACT Sec. 1612. Work zone safety.
tation assets.
Sec. 1613. Transportation education develop-
Mr. DEFAZIO. Mr. Speaker, pursuant Sec. 1203. Emergency relief.
Sec. 1204. Railway crossings. ment program.
to House Resolution 1028, I call up the Sec. 1205. Surface transportation program. Sec. 1614. Working group on construction re-
bill (H.R. 2) to authorize funds for Fed- Sec. 1206. Transportation alternatives program. sources.
eral-aid highways, highway safety pro- Sec. 1207. Bridge investment. Sec. 1615. Numbering system of highway inter-
grams, and transit programs, and for Sec. 1208. Construction of ferry boats and ferry changes.
terminal facilities. Sec. 1616. Toll credits.
other purposes, and ask for its imme- Sec. 1617. Transportation construction mate-
diate consideration in the House. Sec. 1209. Highway safety improvement pro-
gram. rials procurement.
The Clerk read the title of the bill. Sec. 1210. Congestion mitigation and air quality Sec. 1618. Construction of certain access and
The SPEAKER pro tempore. Pursu- improvement program. development roads.
ant to House Resolution 1028, in lieu of Sec. 1211. Electric vehicle charging stations. Sec. 1619. Nationwide road safety assessment.
the amendment in the nature of a sub- Sec. 1212. National highway freight program. Sec. 1620. Wildlife crossings.
stitute recommended by the Com- Sec. 1213. Carbon pollution reduction. Sec. 1621. Climate resilient transportation infra-
mittee on Transportation and Infra- Sec. 1214. Recreational trails. structure study.
Sec. 1215. Safe routes to school program. Sec. 1622. Elimination of duplication of envi-
structure, printed in the bill, an Sec. 1216. Bicycle transportation and pedes- ronmental reviews and approvals.
amendment in the nature of a sub- trian walkways. Sec. 1623. AMBER Alerts along major transpor-
stitute consisting of the text of Rules Subtitle C—Project-Level Investments tation routes.
Committee Print 116–54, modified by Sec. 1624. Natural gas, electric battery, and
Sec. 1301. Projects of national and regional sig-
the amendment printed in part A of zero emission vehicles.
nificance.
House Report 116–438, is adopted, and Sec. 1625. Guidance on evacuation routes.
Sec. 1302. Community transportation invest-
the bill, as amended, is considered Sec. 1626. High priority corridors on National
ment grant program.
Sec. 1303. Grants for charging and fueling in- Highway System.
read. Sec. 1627. Guidance on inundated and sub-
The text of the bill, as amended, is as frastructure to modernize and re-
merged roads.
follows: connect America for the 21st cen-
Sec. 1628. Dry bulk weight tolerance.
tury.
H.R. 2 Sec. 1629. Highway use tax evasion projects.
Sec. 1304. Community climate innovation
Be it enacted by the Senate and House of Rep- Sec. 1630. The United States opposes child
grants.
resentatives of the United States of America in Sec. 1305. Metro performance program. labor.
Congress assembled, Sec. 1306. Gridlock reduction grant program. TITLE II—PUBLIC TRANSPORTATION
SECTION 1. SHORT TITLE. Sec. 1307. Rebuild rural grant program. Subtitle A—Federal Transit Administration
This Act may be cited as the ‘‘Moving For- Sec. 1308. Parking for commercial motor vehi- Sec. 2101. Authorizations.
ward Act’’. cles. Sec. 2102. Chapter 53 definitions.
SEC. 2. TABLE OF CONTENTS. Sec. 1309. Active transportation connectivity Sec. 2103. General provisions.
The table of contents for this Act is as follows: grant program. Sec. 2104. Miscellaneous provisions.
Sec. 1. Short title. Subtitle D—Planning, Performance Sec. 2105. Policies and purposes.
Sec. 2. Table of contents. Management, and Asset Management Sec. 2106. Fiscal year 2022 formulas.
Sec. 3. References. Sec. 1401. Metropolitan transportation plan- Sec. 2107. Metropolitan transportation plan-
DIVISION A—FEDERAL SURFACE TRANS- ning. ning.
PORTATION PROGRAMS FOR FISCAL Sec. 1402. Statewide and nonmetropolitan Sec. 2108. Statewide and nonmetropolitan
YEAR 2021 transportation planning. transportation planning.
Sec. 1403. National goals and performance man- Sec. 2109. Obligation limitation.
Sec. 100. Short title. Sec. 2110. Public transportation emergency re-
agement measures.
Sec. 101. Extension of Federal surface transpor-
Sec. 1404. Transportation demand data and lief funds.
tation programs. Sec. 2111. General provisions.
modeling study.
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Sec. 102. Federal Highway Administration. Sec. 2112. Certification requirements.
Sec. 1405. Fiscal constraint on long-range
Sec. 103. Federal Transit Administration.
transportation plans. Subtitle B—Improving Frequency and Ridership
Sec. 104. National Highway Traffic Safety Ad-
ministration. Subtitle E—Federal Lands, Tribes, and Sec. 2201. Multi-jurisdictional bus frequency
Sec. 105. Federal Motor Carrier Safety Adminis- Territories and ridership competitive grants.
tration. Sec. 1501. Territorial and Puerto Rico highway Sec. 2202. Incentivizing frequency in the urban
Sec. 106. Definitions. program. formula.
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2695
Sec. 2203. Mobility innovation. Sec. 3009. National priority safety program Sec. 5303. National highly automated vehicle
Sec. 2204. Formula grants for rural areas. grant eligibility. and mobility innovation clearing-
Sec. 2205. One-stop paratransit program. Sec. 3010. Implicit bias research and training house.
Subtitle C—Buy America and Other grants. Sec. 5304. Study on safe interactions between
Procurement Reforms Sec. 3011. Stop motorcycle checkpoint funding. automated vehicles and road
Sec. 3012. Electronic driver’s license. users.
Sec. 2301. Buy America.
Sec. 3013. Motorcyclist Advisory Council. Sec. 5305. Nontraditional and Emerging Trans-
Sec. 2302. Bus procurement streamlining.
Sec. 2303. Bus testing facility. TITLE IV—MOTOR CARRIER SAFETY portation Technology Council.
Sec. 2304. Repayment requirement. Subtitle A—Motor Carrier Safety Grants, Sec. 5306. Hyperloop transportation.
Sec. 2305. Definition of urbanized areas fol- Sec. 5307. Surface transportation workforce re-
Operations, and Programs
lowing a major disaster. training grant program.
Sec. 4101. Motor carrier safety grants. Sec. 5308. Third-party data integration pilot
Sec. 2306. Special rule for certain rolling stock Sec. 4102. Motor carrier safety operations and
procurements. program.
programs. Sec. 5309. Third-party data planning integra-
Sec. 2307. Certification requirements. Sec. 4103. Immobilization grant program. tion pilot program.
Subtitle D—Bus Grant Reforms Subtitle B—Motor Carrier Safety Oversight Subtitle D—Surface Transportation Funding
Sec. 2401. Formula grants for buses. Sec. 4201. Motor carrier safety advisory com- Pilot Programs
Sec. 2402. Bus facilities and fleet expansion mittee.
competitive grants. Sec. 5401. State surface transportation system
Sec. 4202. Compliance, safety, accountability. funding pilots.
Sec. 2403. Zero emission bus grants. Sec. 4203. Terms and conditions for exemptions.
Sec. 2404. Restoration to state of good repair Sec. 5402. National surface transportation sys-
Sec. 4204. Safety fitness of motor carriers of tem funding pilot.
formula subgrant. passengers.
Subtitle E—Supporting All Riders Sec. 4205. Providers of recreational activities. Subtitle E—Miscellaneous
Sec. 2501. Low-income urban formula funds. Sec. 4206. Amendments to regulations relating Sec. 5501. Ergonomic seating working group.
Sec. 2502. Rural persistent poverty formula. to transportation of household Sec. 5502. Repeal of section 6314 of title 49,
Sec. 2503. Demonstration grants to support re- goods in interstate commerce. United States Code.
duced fare transit. Subtitle C—Commercial Motor Vehicle Driver Sec. 5503. Transportation workforce outreach
Safety program.
Subtitle F—Supporting Frontline Workers and
Sec. 5504. Certification on ensuring no human
Passenger Safety Sec. 4301. Commercial driver’s license for pas- rights abuses.
Sec. 2601. National transit frontline workforce senger carriers.
Sec. 4302. Alcohol and controlled substances TITLE VI—MULTIMODAL
training center.
testing. TRANSPORTATION
Sec. 2602. Public transportation safety program.
Sec. 2603. Innovation workforce standards. Sec. 4303. Entry-level driver training. Sec. 6001. National multimodal freight policy.
Sec. 2604. Safety performance measures and set Sec. 4304. Driver detention time. Sec. 6002. National freight strategic plan.
asides. Sec. 4305. Truck Leasing Task Force. Sec. 6003. National multimodal freight network.
Sec. 2605. U.S. Employment Plan. Sec. 4306. Hours of service. Sec. 6004. State freight advisory committees.
Sec. 2606. Technical assistance and workforce Sec. 4307. Driver recruitment. Sec. 6005. State freight plans.
development. Sec. 4308. Screening for obstructive sleep apnea. Sec. 6006. Study of freight transportation fee.
Sec. 4309. Women of Trucking Advisory Board. Sec. 6007. National Surface Transportation and
Subtitle G—Transit-Supportive Communities
Subtitle D—Commercial Motor Vehicle and Innovative Finance Bureau.
Sec. 2701. Transit-supportive communities. Sec. 6008. Local hire.
Sec. 2702. Property disposition for affordable Schoolbus Safety
Sec. 6009. FTE cap.
housing. Sec. 4401. Schoolbus safety standards.
Sec. 6010. Identification of COVID–19 testing
Sec. 2703. Affordable housing incentives in cap- Sec. 4402. Illegal passing of schoolbuses.
needs of critical infrastructure
ital investment grants. Sec. 4403. State inspection of passenger-car-
employees.
Subtitle H—Innovation rying commercial motor vehicles.
Sec. 4404. Automatic emergency braking. TITLE VII—TRANSPORTATION INFRA-
Sec. 2801. Mobility innovation sandbox pro- Sec. 4405. Underride protection. STRUCTURE FINANCE AND INNOVATION
gram. Sec. 4406. Transportation of horses. ACT
Sec. 2802. Transit bus operator compartment re- Sec. 4407. Additional State authority. Sec. 7001. Transportation Infrastructure Fi-
design program. Sec. 4408. Updating the required amount of in- nance and Innovation Act.
Sec. 2803. Federal Transit Administration Every surance for commercial motor ve-
Day Counts initiative. DIVISION C—HAZARDOUS MATERIALS
hicles. TRANSPORTATION
Sec. 2804. Technical corrections.
Sec. 2805. National advanced technology transit TITLE V—INNOVATION Sec. 8001. Short title.
bus development program. Sec. 5001. Authorization of appropriations. TITLE I—AUTHORIZATIONS
Subtitle I—Other Program Reauthorizations Subtitle A—Research and Development Sec. 8101. Authorization of appropriations.
Sec. 2901. Reauthorization for capital and pre- Sec. 5101. Highway research and development TITLE II—HAZARDOUS MATERIALS
ventive maintenance projects for program. SAFETY AND IMPROVEMENT
Washington Metropolitan Area Sec. 5102. Materials to reduce greenhouse gas
Sec. 8201. Repeal of certain requirements re-
Transit Authority. emissions program.
lated to lithium cells and bat-
Sec. 2902. Other apportionments. Sec. 5103. Transportation research and develop-
teries.
Subtitle J—Streamlining ment 5-year strategic plan.
Sec. 8202. Transportation of liquefied natural
Sec. 5104. University transportation centers
Sec. 2911. Fixed guideway capital investment gas by rail tank car.
program.
grants. Sec. 8203. Hazardous materials training require-
Sec. 5105. Unsolicited research initiative.
Sec. 2912. Rural and small urban apportion- Sec. 5106. National cooperative multimodal ments and grants.
ment deadline. freight transportation research DIVISION D—RAIL
Sec. 2913. Disposition of assets beyond useful
program. Sec. 9001. Short title.
life. Sec. 5107. Wildlife-vehicle collision reduction
Sec. 2914. Innovative coordinated access and TITLE I—AUTHORIZATIONS
and habitat connectivity improve-
mobility. Sec. 9101. Authorization of appropriations.
ment.
Sec. 2915. Passenger ferry grants. Sec. 9102. Passenger rail improvement, mod-
Sec. 5108. Research activities.
Sec. 2916. Evaluation of benefits and Federal ernization, and expansion grants.
Sec. 5109. Innovative material innovation hubs.
investment. Sec. 9103. Consolidated rail infrastructure and
Subtitle B—Technology Deployment safety improvement grants.
TITLE III—HIGHWAY TRAFFIC SAFETY
Sec. 5201. Technology and innovation deploy- Sec. 9104. Railroad rehabilitation and improve-
Sec. 3001. Authorization of appropriations.
ment program. ment financing.
Sec. 3002. Highway safety programs.
Sec. 5202. Accelerated implementation and de- Sec. 9105. Buy America.
Sec. 3003. Traffic safety enforcement grants.
ployment of pavement tech- Sec. 9106. Rail network climate change vulner-
Sec. 3004. Highway safety research and devel-
nologies. ability assessment.
opment.
Sec. 5203. Federal Highway Administration TITLE II—AMTRAK REFORMS
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Sec. 3005. Grant program to prohibit racial
Every Day Counts initiative.
profiling. Sec. 9201. Amtrak findings, mission, and goals.
Sec. 3006. High-visibility enforcement program. Subtitle C—Emerging Technologies Sec. 9202. Amtrak status.
Sec. 3007. National priority safety programs. Sec. 5301. Safe, efficient mobility through ad- Sec. 9203. Board of Directors.
Sec. 3008. Minimum penalties for repeat offend- vanced technologies. Sec. 9204. Amtrak preference enforcement.
ers for driving while intoxicated Sec. 5302. Intelligent transportation systems Sec. 9205. Use of facilities and providing serv-
or driving under the influence. program. ices to Amtrak.
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H2696 CONGRESSIONAL RECORD — HOUSE June 30, 2020
Sec. 9206. Prohibition on mandatory arbitra- Sec. 10102. Supplemental funding for airports. Sec. 23002. Grants to entities for establishment
tion. Sec. 10103. Airport resiliency projects. of hazard mitigation revolving
Sec. 9207. Amtrak ADA assessment. Sec. 10104. FAA air traffic control facilities. loan funds.
Sec. 9208. Prohibition on smoking on Amtrak Sec. 10105. Airport innovative financing tech- TITLE IV—SPORTS FISHING
trains. niques.
Sec. 10106. Small airport letters of intent. Sec. 24001. Short title.
Sec. 9209. State-supported routes operated by
Sec. 10107. Minority and disadvantaged busi- Sec. 24002. Division of annual appropriations.
Amtrak.
ness size standards. Sec. 24003. Recreational boating access.
Sec. 9210. Amtrak Police Department.
Sec. 24004. Wildlife Restoration Fund adminis-
Sec. 9211. Amtrak food and beverage. TITLE II—ENVIRONMENT
tration.
Sec. 9212. Clarification on Amtrak contracting Sec. 10201. Alternative fuel and low-emission Sec. 24005. Sport fish restoration and boating
out. aviation technology program. trust fund.
Sec. 9213. Amtrak staffing. Sec. 10202. Expansion of voluntary airport low
Sec. 9214. Special transportation. TITLE V—CLIMATE SMART PORTS
emission program.
Sec. 9215. Disaster and emergency relief pro- Sec. 10203. Study and development of sustain- Sec. 25001. Short title.
gram. able aviation fuels. Sec. 25002. Climate Smart Ports Grant Program.
Sec. 9216. Recreational trail access. Sec. 10204. Center of excellence for alternative Sec. 25003. Energy Policy Act of 2005 authoriza-
Sec. 9217. Investigation of substandard per- jet fuels and environment. tion of appropriations for port au-
formance. Sec. 10205. National evaluation of aviation and thorities.
Sec. 9218. Amtrak cybersecurity enhancement aerospace solutions to climate DIVISION G—ENERGY AND COMMERCE
grant program. change. TITLE I—BROADBAND INFRASTRUCTURE
Sec. 9219. Amtrak and private cars. DIVISION F—INVESTMENT IN WATER RE-
Sec. 9220. Amtrak Office of Community Out- Sec. 31001. Definitions.
SOURCES AND WATER-RELATED INFRA- Sec. 31002. Sense of Congress.
reach. STRUCTURE Sec. 31003. Severability.
TITLE III—INTERCITY PASSENGER RAIL Sec. 20001. Short title.
POLICY Subtitle A—Digital Equity
TITLE I—CRITICAL WATER RESOURCES
Sec. 9301. Northeast Corridor Commission. Sec. 31100. Definitions.
INVESTMENTS
Sec. 9302. Northeast Corridor planning. CHAPTER 1—OFFICE OF INTERNET CONNECTIVITY
Sec. 21001. Use of Harbor Maintenance Trust
Sec. 9303. Protective arrangements. AND GROWTH
Fund to support navigation.
Sec. 9304. High-speed rail funds. Sec. 31101. Establishment of the Office of Inter-
Sec. 21002. Annual report to Congress.
TITLE IV—COMMUTER RAIL POLICY Sec. 21003. Harbor Maintenance Trust Fund net Connectivity and Growth.
Sec. 9401. Surface Transportation Board medi- discretionary spending limit ad- Sec. 31102. Duties.
ation of trackage use requests. justment. Sec. 31103. Streamlined applications for sup-
Sec. 9402. Surface Transportation Board medi- Sec. 21004. Appropriations for Construction, In- port.
ation of rights-of-way use re- land Waterways, Operation and Sec. 31104. Coordination of support.
quests. Maintenance. Sec. 31105. Rule of construction.
Sec. 9403. Chicago Union Station improvement TITLE II—CRITICAL CLEAN WATER Sec. 31106. Funding.
plans. INVESTMENTS CHAPTER 2—DIGITAL EQUITY PROGRAMS
TITLE V—RAIL SAFETY Subtitle A—Water Quality Protection and Job Sec. 31121. State Digital Equity Capacity Grant
Subtitle A—Passenger and Freight Safety Creation Act Program.
Sec. 22101. Short title. Sec. 31122. Digital Equity Competitive Grant
Sec. 9501. National Academies study on safety
Sec. 22102. Wastewater infrastructure workforce Program.
impact of trains longer than 7,500
investment. Sec. 31123. Policy research, data collection,
feet.
Sec. 22103. State management assistance. analysis and modeling, evalua-
Sec. 9502. GAO study on changes in freight rail-
Sec. 22104. Watershed, wet weather, and resil- tion, and dissemination.
road operating and scheduling
iency projects. Sec. 31124. General provisions.
practices.
Sec. 9503. FRA safety reporting. Sec. 22105. Pilot program for alternative water CHAPTER 3—BROADBAND SERVICE FOR LOW-
Sec. 9504. Waiver notice requirements. source projects. INCOME CONSUMERS
Sec. 9505. Notice of FRA comprehensive safety Sec. 22106. Sewer overflow and stormwater Sec. 31141. Additional broadband benefit.
assessments. reuse municipal grants. Sec. 31142. Grants to States to strengthen Na-
Sec. 9506. FRA accident and incident investiga- Sec. 22107. Reports to Congress. tional Lifeline Eligibility Verifier.
Sec. 22108. Indian Tribes.
tions. Sec. 31143. Federal coordination between Life-
Sec. 22109. Capitalization grants.
Sec. 9507. Rail safety improvements. Sec. 22110. Water pollution control revolving line and SNAP verification.
Sec. 9508. Annual review of speed limit action CHAPTER 4—E–RATE SUPPORT FOR WI-FI
loan funds.
plans. Sec. 22111. Allotment of funds. HOTSPOTS, OTHER EQUIPMENT, AND CON-
Sec. 9509. Freight train crew size safety stand- Sec. 22112. Reservation of funds for Territories NECTED DEVICES
ards. of the United States. Sec. 31161. E–Rate support for Wi-Fi hotspots,
Sec. 9510. Safe cross border operations. Sec. 22113. Authorization of appropriations. other equipment, and connected
Sec. 9511. Yardmasters hours of service. Sec. 22114. Technical assistance by Municipal devices.
Sec. 9512. Leaking brakes. Ombudsman.
Sec. 9513. Annual report on PTC system fail- Subtitle B—Broadband Transparency
Sec. 22115. Report on financial capability of
ures. municipalities. Sec. 31201. Definitions.
Sec. 9514. Fatigue reduction pilot projects. Sec. 22116. Emerging contaminants. Sec. 31202. Broadband transparency.
Sec. 9515. Assault prevention and response Subtitle B—Local Water Protection Sec. 31203. Distribution of data.
plans. Sec. 31204. Coordination with certain other
Sec. 9516. Critical incident stress plans. Sec. 22201. Nonpoint source management pro- Federal agencies.
Sec. 9517. Study on safety culture assessments. grams. Sec. 31205. Broadband consumer labels.
Subtitle B—Grade Crossing Safety Subtitle C—Critical Regional Infrastructure Sec. 31206. Appropriation for Broadband DATA
Investments Act.
Sec. 9551. Grade crossing separation grants.
Sec. 9552. Rail safety public awareness grants. Sec. 22301. Reauthorization of Chesapeake Bay Subtitle C—Broadband Access
Sec. 9553. Establishment of 10-minute time limit Program. CHAPTER 1—EXPANSION OF BROADBAND ACCESS
Sec. 22302. San Francisco Bay restoration grant
for blocking public grade cross- Sec. 31301. Expansion of broadband access in
program.
ings. unserved areas and areas with
Sec. 22303. Puget sound coordinated recovery.
Sec. 9554. National strategy to address blocked low-tier or mid-tier service.
Sec. 22304. Great Lakes Restoration Initiative
crossings.
Reauthorization. CHAPTER 2—BROADBAND INFRASTRUCTURE
Sec. 9555. Railroad point of contact for blocked Sec. 22305. National Estuary Program reauthor- FINANCE AND INNOVATION
crossing matters. ization.
Sec. 9556. National highway-rail crossing in- Sec. 31321. Definitions.
Sec. 22306. Lake Pontchartrain Basin Restora- Sec. 31322. Determination of eligibility and
ventory review. tion Program reauthorization.
Sec. 9557. Counting railroad suicides. project selection.
Sec. 22307. Long Island Sound Program Reau-
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Sec. 31323. Secured loans.
DIVISION E—AVIATION thorization. Sec. 31324. Lines of credit.
TITLE I—AIRPORT AND AIRWAY Sec. 22308. Columbia River Basin Restoration Sec. 31325. Alternative prudential lending
INFRASTRUCTURE Program Reauthorization. standards for small projects.
Sec. 10101. Airport planning and development TITLE III—RESILIENCE REVOLVING LOAN Sec. 31326. Program administration.
and noise compatibility planning FUND Sec. 31327. State and local permits.
and programs. Sec. 23001. Short title. Sec. 31328. Regulations.
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2697
Sec. 31329. Funding. Sec. 33173. Dam safety conditions. Sec. 34102. Community Health Center Capital
Sec. 31330. Reports to Congress. Sec. 33174. Dam safety requirements. Project Funding.
CHAPTER 3—WI-FI ON SCHOOL BUSES Sec. 33175. Viability procedures. Sec. 34103. Pilot program to improve laboratory
Sec. 33176. FERC dam safety technical con- infrastructure.
Sec. 31341. E-rate support for school bus Wi-Fi. ference with States. Sec. 34104. 21st century Indian health program
Subtitle D—Community Broadband Sec. 33177. Required dam safety communica- hospitals and outpatient health
Sec. 31401. State, local, public-private partner- tions between FERC and States. care facilities.
ship, and co-op broadband serv- CHAPTER 9—LOAN PROGRAM OFFICE REFORM Sec. 34105. Pilot program to improve commu-
ices. Sec. 33181. Loan program office title XVII re- nity-based care infrastructure.
Subtitle E—Repeal of Rule and Prohibition on form. DIVISION H—ADDITIONAL PROGRAMS
Use of NPRM Subtitle B—Energy Efficiency Sec. 40001. National scenic byways program.
Sec. 31501. Repeal of rule and prohibition on CHAPTER 1—ENERGY EFFICIENCY RETROFITS Sec. 40002.Authorization of appropriations for
use of NPRM. Department of Veterans Affairs.
SUBCHAPTER A—HOMES
Subtitle F—Next Generation 9–1–1 Sec. 33201. Definitions. DIVISION I—ZERO-EMISSION POSTAL
Sec. 31601. Sense of Congress. Sec. 33202. Establishment of Home Energy Sav- FLEET AND OTHER MATTERS
Sec. 31602. Statement of policy. ings Retrofit Rebate Program. Sec. 50001. Authorization of appropriation for
Sec. 31603. Coordination of Next Generation 9– Sec. 33203. Partial system rebates. United States Postal Service for
1–1 Implementation. Sec. 33204. State administered rebates. modernization of postal infra-
Sec. 31604. Savings provision. Sec. 33205. Evaluation reports to Congress. structure.
TITLE II—MOTOR VEHICLE SAFETY Sec. 33206. Administration. Sec. 50002. Electric or zero-emission vehicles for
Sec. 33207. Authorization of appropriations. United States Postal Service fleet.
Sec. 32001. Safety Warning for occupants of hot
cars. SUBCHAPTER B—PUBLIC BUILDINGS Sec. 50003. Clarification of authority of District
Sec. 32002. Protecting Americans from the Risks Sec. 33211. Energy efficient public buildings. of Columbia to carry out Long
of Keyless Ignition Technology. SUBCHAPTER C—SCHOOLS Bridge project.
Sec. 32003. 21st Century Smart Cars. Sec. 33221. Energy retrofitting assistance for DIVISION J—COMMITTEE ON FINANCIAL
Sec. 32004. Updating the 5-star safety rating schools. SERVICES
system. Sec. 33222. Grants for energy efficiency im- Sec. 60001. Short title.
Sec. 32005. Advanced Drunk Driving prevention provements and renewable energy Sec. 60002. Findings.
technology. improvements at public school fa- Sec. 60003. Public Housing Capital Fund.
Sec. 32006. Limousine compliance with Federal cilities. Sec. 60004. Rural Multifamily Preservation and
Safety Standards.
CHAPTER 2—WEATHERIZATION Revitalization Demonstration Pro-
TITLE III—ENERGY AND ENVIRONMENT gram.
Sec. 33231. Weatherization assistance program.
INFRASTRUCTURE Sec. 33232. Report on waivers. Sec. 60005. Flood Mitigation Assistance Grant
Subtitle A—Infrastructure CHAPTER 3—ENERGY EFFICIENT CONSERVATION Program.
CHAPTER 1—DRINKING WATER BLOCK GRANTS Sec. 60006. Housing Trust Fund.
Sec. 60007. Single-Family Housing Repair
SUBCHAPTER A—PFAS INFRASTRUCTURE GRANT Sec. 33241. Energy Efficiency and Conservation Loans and Grants.
PROGRAM Block Grant Program. Sec. 60008. Native American Housing Block
Sec. 33101. Establishment of PFAS Infrastruc- CHAPTER 4—FEDERAL ENERGY AND WATER Grant Program.
ture Grant Program. MANAGEMENT PERFORMANCE Sec. 60009. HOME Investment Partnerships
Sec. 33102. Definition. Sec. 33251. Energy and water performance re- Program.
SUBCHAPTER B—EXTENSIONS quirement for Federal facilities. Sec. 60010. Program for supportive housing for
Sec. 33103. Funding. Sec. 33252. Federal Energy Management Pro- persons with disabilities.
Sec. 33104. American iron and steel products. gram. Sec. 60011. Program for supportive housing for
CHAPTER 2—GRID SECURITY AND Subtitle C—Vehicles the elderly.
MODERNIZATION CHAPTER 1—DERA Sec. 60012. Capital Magnet Fund.
Sec. 60013. Community development block grant
Sec. 33111. 21st Century Power Grid. Sec. 33301. Reauthorization of diesel emissions funding for affordable housing
Sec. 33112. Energy efficient transformer rebate reduction program. and infrastructure.
program. CHAPTER 2—CLEAN COMMUTE FOR KIDS Sec. 60014. Inclusion of minority and women’s
Sec. 33113. Interregional transmission planning business enterprises.
Sec. 33311. Reauthorization of Clean School
report. Sec. 60015. Reports on outcomes.
Bus Program.
Sec. 33114. Promoting grid storage.
Sec. 33115. Expanding access to sustainable en- CHAPTER 3—REFRIGERATED VEHICLES DIVISION K—REOPEN AND REBUILD
ergy. Sec. 33321. Pilot program for the electrification AMERICA’S SCHOOLS ACT OF 2020
Sec. 33116. Interregional transmission planning of certain refrigerated vehicles. Sec. 70000. Short title; table of contents.
rulemaking. CHAPTER 4—EV INFRASTRUCTURE Sec. 70001. Definitions.
CHAPTER 3—CONTROLLING METHANE LEAKS Sec. 33331. Definitions. TITLE I—GRANTS FOR THE LONG-TERM
FROM PIPELINES Sec. 33332. Electric vehicle supply equipment re- IMPROVEMENT OF PUBLIC SCHOOL FA-
Sec. 33121. Improving the natural gas distribu- bate program. CILITIES
tion system. Sec. 33333. Expanding access to electric vehicles Subtitle A—Reservation and Allocation of
CHAPTER 4—RENEWABLE ENERGY in underserved communities. Funds
Sec. 33334. Ensuring program benefits for un-
Sec. 33131. Grant program for solar installa- Sec. 70101. Purpose and reservation.
derserved and disadvantaged com-
tions located in, or that serve, Sec. 70102. Allocation to States.
munities.
low-income and underserved Sec. 33335. Model building code for electric ve- Subtitle B—Grants to Local Educational
areas. hicle supply equipment. Agencies
CHAPTER 5—SMART COMMUNITIES Sec. 33336. Electric vehicle supply equipment Sec. 70111. Need-based grants to qualified local
Sec. 33141. 3C energy program. coordination. educational agencies.
Sec. 33142. Federal technology assistance. Sec. 33337. State consideration of electric vehi- Sec. 70112. Allowable uses of funds.
Sec. 33143. Technology demonstration grant cle charging. Sec. 70113. Prohibited uses.
program. Sec. 33338. State energy plans. Sec. 70114. Requirements for hazard-resistance,
Sec. 33144. Smart city or community. Sec. 33339. Transportation electrification. energy and water conservation,
Sec. 33145. Clean cities coalition program. Sec. 33340. Federal fleets. and air quality.
Sec. 33341. Domestic Manufacturing Conversion Sec. 70115. Green Practices.
CHAPTER 6—BROWNFIELDS Grant Program. Sec. 70116. Use of American iron, steel, and
Sec. 33151. Brownfields funding. Sec. 33342. Advanced technology vehicles man- manufactured products.
CHAPTER 7—INDIAN ENERGY ufacturing incentive program. Sec. 70117. Prohibition on use of funds for fa-
Sec. 33161. Indian energy. Subtitle D—Buy American and Wage Rate cilities of for-profit charter
Sec. 33162. Report on electricity access and reli- Requirements schools.
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ability. Sec. 33401. Use of American iron, steel, and Sec. 70118. Prohibition on use of funds for cer-
CHAPTER 8—HYDROPOWER AND DAM SAFETY manufactured goods. tain charter schools.
Sec. 33171. Hydroelectric production incentives Sec. 33402. Wage rate requirements. Subtitle C—Annual Report and Authorization of
and efficiency improvements. TITLE IV—HEALTH CARE Appropriations
Sec. 33172. FERC briefing on Edenville Dam INFRASTRUCTURE Sec. 70121. Annual report on grant program.
and Sanford Dam failures. Sec. 34101. Hospital infrastructure. Sec. 70122. Authorization of appropriations.
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H2698 CONGRESSIONAL RECORD — HOUSE June 30, 2020
TITLE II—OTHER REPORTS, DEVELOP- CHAPTER 4—WATER JOB TRAINING AND Subtitle E—Long Bridge
MENT OF STANDARDS, AND INFORMA- EDUCATION Sec. 82501. Authorization of National Park
TION CLEARINGHOUSE Sec. 81241. Water resource education. Service conveyances.
Sec. 70201. Comptroller general report. CHAPTER 5—MISCELLANEOUS TITLE III—OCEANS AND WILDLIFE
Sec. 70202. Study and report physical condition Sec. 81251. Offset. Subtitle A—Coastal and Great Lakes Resiliency
of public schools. Sec. 81252. Delayed water project recommenda- and Restoration
Sec. 70203. Development of data standards. tions.
Sec. 70204. Information clearinghouse. Sec. 83101. Shovel-Ready Restoration and Resil-
Sec. 70205. Sense of Congress on Opportunity Subtitle C—Western Water Security iency Grant Program.
Zones. Sec. 81301. Definitions. Sec. 83102. Living Shoreline Grant Program.
TITLE III—IMPACT AID CONSTRUCTION CHAPTER 1—INFRASTRUCTURE AND WATER Subtitle B—Wildlife Corridors Conservation Act
Sec. 70301. Temporary increase in funding for MANAGEMENT IMPROVEMENT Sec. 83201. Definitions.
impact aid construction. Sec. 81311. Watersmart extension and expan- CHAPTER 1—NATIONAL WILDLIFE CORRIDOR
sion. SYSTEM ON FEDERAL LAND AND WATER
TITLE IV—ASSISTANCE FOR REPAIR OF
Sec. 81312. Emergency drought funding. Sec. 83211. National wildlife corridors.
SCHOOL FOUNDATIONS AFFECTED BY Sec. 81313. Rio Grande Pueblo Irrigation Infra-
PYRRHOTITE Sec. 83212. Administrative designation of na-
structure Reauthorization. tional wildlife corridors.
Sec. 70401. Allocations to States. CHAPTER 2—GROUNDWATER MANAGEMENT Sec. 83213. Management of national wildlife
Sec. 70402. Grants to local educational agen- corridors.
cies. Sec. 81321. Reauthorization and expansion of
Sec. 70403. Definitions. the Transboundary Aquifer As- CHAPTER 2—WILDLIFE CORRIDORS
Sec. 70404. Authorization of appropriations. sessment Program. CONSERVATION
Sec. 81322. Groundwater management assess- SUBCHAPTER A—NATIONAL WILDLIFE CORRIDOR
DIVISION L—PUBLIC LANDS, TRIBAL COM- ment and improvement.
MUNITIES, AND RESILIENT NATURAL IN- SYSTEM ON FEDERAL LAND AND WATER
Sec. 81323. Surface and groundwater water
FRASTRUCTURE Sec. 83311. Collaboration and coordination.
availability and the energy nexus. Sec. 83312. Effect.
Sec. 80000. Table of contents. CHAPTER 3—WATER CONSERVATION AND SUBCHAPTER B—TRIBAL WILDLIFE CORRIDORS
TITLE I—WATER RESOURCES ENVIRONMENTAL RESTORATION
INFRASTRUCTURE Sec. 83321. Tribal Wildlife Corridors.
Sec. 81331. Definitions. Sec. 83322. Protection of Indian Tribes.
Subtitle A—Water Settlements Infrastructure Sec. 81332. Water acquisition program.
Sec. 81333. Middle Rio Grande Water Conserva- SUBCHAPTER C—WILDLIFE MOVEMENT GRANT
Sec. 81101. Reclamation water settlements fund. PROGRAM ON NON-FEDERAL LAND AND WATER
Sec. 81102. Conveyance capacity correction tion.
project. Sec. 81334. Sustaining biodiversity during Sec. 83331. Wildlife movements grant program.
Sec. 81103. Funding parity for water manage- droughts. Sec. 83332. National Coordination Committee.
Sec. 81335. Reauthorization of cooperative wa- Sec. 83333. Regional wildlife movement councils.
ment goals and restoration goals.
tershed management program. SUBCHAPTER D—NATIONAL WILDLIFE CORRIDORS
Subtitle B—FUTURE Western Water
CHAPTER 4—EFFECT ON EXISTING LAW DATABASE
Infrastructure and Drought Resiliency
Sec. 81341. Effect on existing law. Sec. 83341. National wildlife corridors database.
Sec. 81201. Short title.
Sec. 81202. Definitions. Subtitle D—Water Resources Research CHAPTER 3—FUNDING
CHAPTER 1—INFRASTRUCTURE DEVELOPMENT Amendments Sec. 83401. Wildlife corridors stewardship fund.
Sec. 81411. Water Resources Research Act Sec. 83402. Authorization of appropriations.
Sec. 81211. Competitive grant program for the
funding of water recycling and amendments. TITLE IV—ENERGY
reuse projects. Subtitle E—Ground Water Recharge Planning Subtitle A—Establishment of Federal Orphaned
Sec. 81212. Storage project development reports Sec. 81511. Ground water recharge planning. Well Remediation Program
to congress. Subtitle F—Tribal Water Infrastructure Sec. 84101. Establishment of federal orphaned
Sec. 81213. Funding for storage and supporting well remediation program.
Sec. 81611. Finding.
projects. Sec. 81612. Indian Health Services Sanitation Sec. 84102. Federal bonding reform.
Sec. 81214. Extension of existing requirements Facilities Construction Program Subtitle B—Surface Mining Control and
for grandfathered storage funding. Reclamation Act Amendments
projects. Sec. 84201. Abandoned Mine Land Reclamation
Sec. 81215. Desalination project development. Subtitle G—Navajo Utah Water Rights
Settlement Fund.
Sec. 81216. Assistance for disadvantaged com-
Sec. 81711. Purposes. Sec. 84202. Emergency Powers.
munities without adequate drink- Sec. 84203. Reclamation fee.
ing water. Sec. 81712. Definitions.
Sec. 81713. Ratification of agreement. Subtitle C—Revitalizing the Economy of Coal
CHAPTER 2—IMPROVED TECHNOLOGY AND Communities by Leveraging Local Activities
Sec. 81714. Navajo water rights.
DATA Sec. 81715. Navajo trust accounts. and Investing More
Sec. 81221. Reauthorization of water avail- Sec. 81716. Authorization of appropriations. Sec. 84301. Economic revitalization for coal
ability and use assessment pro- Sec. 81717. Conditions precedent. country.
gram. Sec. 81718. Waivers and releases. Sec. 84302. Technical and conforming amend-
Sec. 81222. Renewal of advisory committee on Sec. 81719. Miscellaneous provisions. ments.
water information. Sec. 81720. Relation to allottees. Sec. 84303. Minimum State payments.
Sec. 81223. Desalination technology develop- Sec. 81721. Antideficiency.
Sec. 84304. GAO study of use of funds.
ment. TITLE II—NATIONAL PARKS, FORESTS, Sec. 84305. Payments to certified States not af-
Sec. 81224. X-prize for water technology break- AND PUBLIC LANDS fected.
throughs. Subtitle A—Public Lands Telecommunications Subtitle D—Public Land Renewable Energy
Sec. 81225. Study examining sediment transport.
Sec. 82101. Definitions. Development
Sec. 81226. Determination of water supply allo- Sec. 82102. Collection and retention of rental
cations. Sec. 84401. Definitions.
fees associated with communica- Sec. 84402. Land use planning; supplements to
Sec. 81227. Federal priority streamgages.
tions use authorizations on Fed- programmatic environmental im-
Sec. 81228. Study examining climate
eral lands and Federal land man- pact statements.
vulnerabilities at federal dams.
Sec. 81229. Innovative technology adoption. agement agency support for com- Sec. 84403. Environmental review on covered
munication site programs. land.
CHAPTER 3—ECOSYSTEM PROTECTION AND Sec. 82103. Cooperative agreement authority. Sec. 84404. Program to improve renewable en-
RESTORATION
Subtitle B—Outdoors for All ergy project permit coordination.
Sec. 81231. Waterbird habitat creation program. Sec. 82201. Definitions. Sec. 84405. Increasing economic certainty.
Sec. 81232. Cooperative watershed management Sec. 82202. Grants authorized. Sec. 84406. Limited grandfathering.
program. Sec. 82203. Eligible uses. Sec. 84407. Renewable energy goal.
Sec. 81233. Competitive grant program for the Sec. 82204. National park service requirements. Sec. 84408. Disposition of revenues.
funding of watershed health Sec. 82205. Reporting. Sec. 84409. Promoting and enhancing develop-
projects. Sec. 82206. Revenue sharing. ment of geothermal energy.
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Sec. 81234. Support for refuge water deliveries. Subtitle C—Updated Borrowing Authority Sec. 84410. Facilitation of coproduction of geo-
Sec. 81235. Drought planning and preparedness thermal energy on oil and gas
Sec. 82301. Presidio Trust borrowing authority.
for critically important fisheries. leases.
Sec. 81236. Aquatic ecosystem restoration. Subtitle D—Forest Service Legacy Roads and Sec. 84411. Noncompetitive leasing of adjoining
Sec. 81237. Reauthorization of the Fisheries Trails Remediation Program areas for development of geo-
Restoration and Irrigation Miti- Sec. 82401. Forest Service Legacy Roads and thermal resources.
gation Act of 2000. Trails Remediation Program. Sec. 84412. Savings clause.
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2699
Subtitle E—Offshore Wind Jobs and Sec. 90402. Extension and modification of en- Sec. 90608. Inclusion of rural areas as difficult
Opportunity ergy credit. development areas.
Sec. 84501. Offshore Wind Career Training Sec. 90403. Extension of credit for carbon oxide Sec. 90609. Increase in credit for bond-financed
Grant Program. sequestration. projects designated by housing
Subtitle F—Community Reclamation Sec. 90404. Elective payment for energy prop- credit agency.
erty and electricity produced from Sec. 90610. Repeal of qualified contract option.
Partnerships
certain renewable resources, etc. Sec. 90611. Prohibition of local approval and
Sec. 84601. Reference. Sec. 90405. Extension of energy credit for off- contribution requirements.
Sec. 84602. State memoranda of understanding shore wind facilities. Sec. 90612. Adjustment of credit to provide relief
for certain remediation. Sec. 90406. Green energy publicly traded part- during COVID–19 outbreak.
Sec. 84603. Clarifying State liability for mine Sec. 90613. Credit for low-income housing sup-
nerships.
drainage projects. portive services.
Sec. 84604. Conforming amendments. Subtitle B—Renewable Fuels
Subtitle B—Neighborhood Homes Credit
TITLE V—LABOR STANDARDS Sec. 90411. Biodiesel and renewable diesel.
Sec. 90412. Extension of excise tax credits relat- Sec. 90621. Neighborhood homes credit.
Sec. 84701.Labor standards.
ing to alternative fuels. TITLE VII—TRIBAL DEVELOPMENT
DIVISION M—REVENUE PROVISIONS Sec. 90413. Extension of second generation Sec. 90701. Treatment of Indian Tribes as States
Sec. 90001. Short title; etc. biofuel incentives. with respect to bond issuance.
TITLE I—INFRASTRUCTURE FINANCING Subtitle C—Green Energy and Efficiency Sec. 90702. Treatment of Tribal foundations and
Subtitle A—Bond Financing Enhancements Incentives for Individuals charities like charities funded and
Sec. 90101. Credit to issuer for certain infra- Sec. 90421. Extension, increase, and modifica- controlled by other governmental
structure bonds. tions of nonbusiness energy prop- funders and sponsors.
Sec. 90102. Advance refunding bonds. erty credit. Sec. 90703. New markets tax credit.
Sec. 90103. Permanent modification of small Sec. 90422. Residential energy efficient prop- TITLE VIII—HIGHWAY TRUST FUND AND
issuer exception to tax-exempt in- erty. RELATED TAXES
terest expense allocation rules for Sec. 90423. Energy efficient commercial build- Sec. 90801. Extension of Highway Trust Fund
financial institutions. ings deduction. expenditure authority.
Sec. 90104. Volume cap on private activity Sec. 90424. Extension, increase, and modifica- Sec. 90802. Extension of highway-related taxes.
bonds. tions of new energy efficient home Sec. 90803. Additional transfers to Highway
Sec. 90105. Modifications to qualified small credit. Trust Fund.
issue bonds. Sec. 90425. Modifications to income exclusion DIVISION N—RIGHTS FOR
Sec. 90106. Expansion of certain exceptions to for conservation subsidies. TRANSPORTATION SECURITY OFFICERS
the private activity bond rules for Subtitle D—Greening the Fleet and Alternative Sec. 91001. Short title.
first-time farmers. Vehicles Sec. 91002. Definitions.
Sec. 90107. Exempt facility bonds for zero-emis- Sec. 91003. Conversion of TSA personnel.
sion vehicle infrastructure. Sec. 90431. Modification of limitations on new
qualified plug-in electric drive Sec. 91004. Transition rules
Sec. 90108.Certain water and sewage facility Sec. 91005. Consultation requirement.
bonds exempt from volume cap on motor vehicle credit.
Sec. 91006. No right to strike.
private activity bonds. Sec. 90432. Credit for previously-owned quali-
Sec. 91007. Rule of construction with respect to
Sec. 90109. Qualified highway or surface freight fied plug-in electric drive motor
certain crimes relating to ter-
transfer facility bonds. vehicles.
rorism
Sec. 90433. Credit for zero-emission heavy vehi-
Subtitle B—School Infrastructure Bonds Sec. 91008. Report by GAO regarding TSA re-
cles and zero-emission buses.
Sec. 90110. Application of Davis-Bacon Act re- cruitment.
Sec. 90434. Qualified fuel cell motor vehicles. Sec. 91009. Sense of Congress.
quirements with respect to certain Sec. 90435. Alternative fuel refueling property
exempt facility bonds. Sec. 91010. Assistance for Federal Air Marshal
credit. Service
Sec. 90111. Restoration of certain qualified tax Sec. 90436. Modification of employer-provided
credit bonds. Sec. 91011. Prohibition on certain social media
fringe benefits for bicycle com- application.
Sec. 90112. School infrastructure bonds. muting.
Sec. 90113. Annual report on bond program. Sec. 91012. Veterans hiring.
Subtitle E—Investment in the Green Workforce Sec. 91013. Prevention and protection against
Subtitle C—Other Provisions Related to certain illness.
Infrastructure Financing Sec. 90441. Extension of the advanced energy
project credit. DIVISION O—AGRICULTURE
Sec. 90121. Credit for operations and mainte- Sec. 90442. Labor costs of installing mechanical INFRASTRUCTURE IMPROVEMENTS
nance costs of government-owned insulation property. Sec. 92001. Reforestation Trust Fund.
broadband. Sec. 90443. Labor standards for certain energy
Sec. 90122. Treatment of financial guaranty in- DIVISION P—BUDGETARY EFFECTS
jobs.
surance companies as qualifying Sec. 93001. Budgetary effects.
insurance corporations under pas- Subtitle F—Environmental Justice SEC. 3. REFERENCES.
sive foreign investment company Sec. 90451. Qualified environmental justice pro- Except as expressly provided otherwise, any
rules. gram credit. reference to ‘‘this Act’’ contained in any divi-
Sec. 90123. Infrastructure grants to improve Subtitle G—Treasury Report on Data From the sion of this Act shall be treated as referring only
child care safety. Greenhouse Gas Reporting Program to the provisions of that division.
TITLE II—NEW MARKETS TAX CREDIT Sec. 90461. Report on Greenhouse Gas Report- DIVISION A—FEDERAL SURFACE TRANS-
Sec. 90201. Improvement and permanent exten- ing Program. PORTATION PROGRAMS FOR FISCAL
sion of new markets tax credit. TITLE V—DISASTER AND RESILIENCY YEAR 2021
TITLE III—REHABILITATION TAX CREDIT Sec. 90501. Exclusion of amounts received from SEC. 100. SHORT TITLE.
Sec. 90301. Increase in rehabilitation credit. state-based catastrophe loss miti- This division and division B of this Act may
Sec. 90302. Increase in the rehabilitation credit gation programs. be cited as the ‘‘Investing in a New Vision for
for certain small projects. Sec. 90502. Repeal of temporary limitation on the Environment and Surface Transportation in
Sec. 90303. Modification of definition of sub- personal casualty losses. America Act’’ or the ‘‘INVEST in America Act’’.
stantially rehabilitated. TITLE VI—HOUSING SEC. 101. EXTENSION OF FEDERAL SURFACE
Sec. 90304. Temporary extension of period for TRANSPORTATION PROGRAMS.
Subtitle A—Low-income Housing Tax Credit (a) EXTENSION OF FEDERAL SURFACE TRANS-
completing rehabilitation.
Sec. 90305. Elimination of rehabilitation credit Improvements PORTATION PROGRAMS.—
basis adjustment. Sec. 90601. Extension of period for rehabilita- (1) IN GENERAL.—Except as otherwise provided
Sec. 90306. Modifications regarding certain tax- tion expenditures. in this division, the requirements, authorities,
exempt use property. Sec. 90602. Extension of basis expenditure dead- conditions, eligibilities, limitations, and other
Sec. 90307. Qualification of rehabilitation ex- line. provisions authorized under the covered laws,
penditures for public school build- Sec. 90603. Tax-exempt bond financing require- which would otherwise expire on or cease to
ings for rehabilitation credit. ment. apply after September 30, 2020, are incorporated
TITLE IV—GREEN ENERGY Sec. 90604. Minimum credit rate. by reference and shall continue in effect
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Sec. 90605. Increases in State allocations. through September 30, 2021.
Sec. 90400. Short title. Sec. 90606. Increase in credit for certain (2) AUTHORIZATION OF APPROPRIATIONS.—
Subtitle A—Renewable Electricity and Reducing projects designated to serve ex- (A) HIGHWAY TRUST FUND.—
Carbon Emissions tremely low-income households. (i) HIGHWAY ACCOUNT.—
Sec. 90401. Extension of credit for electricity Sec. 90607. Inclusion of Indian areas as dif- (I) IN GENERAL.—Except as provided in sub-
produced from certain renewable ficult development areas for pur- clause (II), there is authorized to be appro-
resources. poses of certain buildings. priated from the Highway Account for fiscal
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H2700 CONGRESSIONAL RECORD — HOUSE June 30, 2020
year 2021, for each program under the covered (2) Division A, division B, subtitle A of title I under paragraph (1) shall be distributed as fol-
laws with respect to which amounts are author- and title II of division C, and division E of lows:
ized to be appropriated from such account for MAP–21 (Public Law 112–141). (A) $14,384,629,710 to the States.
fiscal year 2020, an amount equal to the amount (3) Titles I, II, and III of the SAFETEA–LU (B) $167,481,814 to Tribes.
authorized for appropriation with respect to the Technical Corrections Act of 2008 (Public Law (C) $52,400,251 to Puerto Rico.
program from such account for fiscal year 2020. 110–244). (D) $13,929,181 to the territories.
(II) ADMINISTRATIVE EXPENSES.—Notwith- (4) Titles I, II, III, IV, V, and VI of (E) $124,367,684 to Federal land management
standing any other provision of this division, SAFETEA–LU (Public Law 109–59). agencies.
there is authorized to be appropriated from the (5) Titles I, II, III, IV, and V of the Transpor- (4) STATE FUNDS.—
Highway Account for fiscal year 2021— tation Equity Act for the 21st Century (Public (A) DISTRIBUTION.—
(aa) $502,897,049 for administrative expenses Law 105–178). (i) IN GENERAL.—Amounts made available
of the Federal Highway Administration, as de- (6) Titles II, III, and IV of the National High- under paragraph (3)(A) shall be distributed
scribed in section 104(a) of title 23, United States way System Designation Act of 1995 (Public among the States in the same ratio as total State
Code; and Law 104–59). apportionments under section 104(c)(1) of title
(bb) $30,086,000 for grant administrative ex- (7) Title I, part A of title II, title III, title IV, 23, United States Code, in fiscal year 2020.
penses of the National Highway Traffic Safety title V, and title VI of the Intermodal Surface (ii) SUBALLOCATION.—
Administration, as described in section Transportation Efficiency Act of 1991 (Public (I) IN GENERAL.—Amounts distributed among
4001(a)(6) of the FAST Act (Public Law 114–94). Law 102–240). the States under clause (i) shall be suballocated
(ii) MASS TRANSIT ACCOUNT.—There is author- (8) Title 23, United States Code. within the State to an area described in sub-
ized to be appropriated from the Mass Transit (9) Sections 116, 117, 330, and 5505 and chap- clause (II) in the proportion that—
Account for fiscal year 2021, for each program ters 53, 139, 303, 311, 313, 701, and 702 of title 49, (aa) the total amount of funds suballocated to
under the covered laws with respect to which United States Code. such area of the State as described in such sub-
amounts are authorized to be appropriated from SEC. 102. FEDERAL HIGHWAY ADMINISTRATION. clause for fiscal year 2020; bears to
such account for fiscal year 2020, an amount (bb) the total amount of funds apportioned to
(a) ADDITIONAL AMOUNTS.—
equal to the amount authorized for appropria- (1) AUTHORIZATION OF APPROPRIATIONS.— the State for the Federal-aid highway program
tion with respect to the program from such ac- (A) IN GENERAL.—In addition to amounts au- under section 104 of title 23, United States Code,
count for fiscal year 2020. thorized under section 101, there is authorized to for fiscal year 2020.
(B) GENERAL FUND.— (II) AREAS DESCRIBED.—The areas described in
(i) IN GENERAL.—Except as provided in clause be appropriated from the Highway Account for
fiscal year 2021, for activities under this section, this subclause are—
(ii), there is authorized to be appropriated for
$14,742,808,640. (aa) urbanized areas of the State with an ur-
fiscal year 2021, for each program with respect
(B) CONTRACT AUTHORITY.—Amounts author- banized area population of over 200,000;
to which amounts are authorized to be appro-
ized to be appropriated under subparagraph (A) (bb) areas of the State other than urban areas
priated for fiscal year 2020 from an account
shall be available for obligation as if appor- with a population greater than 5,000; and
other than the Highway Account or the Mass
tioned under chapter 1 of title 23, United States (cc) other areas of the State.
Transit Account under the titles described in (B) TREATMENT.—Except as otherwise pro-
Code.
subsection (b)(1), an amount not less than the vided in this paragraph, amounts made avail-
(2) OBLIGATION CEILING.—
amount authorized for appropriation with re- able under paragraph (3)(A) shall be adminis-
(A) IN GENERAL.—Notwithstanding any other
spect to the program under such titles for fiscal tered as if apportioned under chapter 1 of title
provision of law, for fiscal year 2021, obligations
year 2020. 23, United States Code.
(ii) ADMINISTRATIVE EXPENSES.—Notwith-
for activities authorized under paragraph (1)
shall not exceed $14,742,808,640. (C) USE OF FUNDS.—Amounts made available
standing any other provision of this division,
(B) DISTRIBUTION OF OBLIGATION AUTHOR- under paragraph (3)(A) may be obligated for—
there is authorized to be appropriated from the
ITY.— (i) eligible projects described in section 133(b)
general fund of the Treasury for fiscal year 2021
(i) IN GENERAL.—Of the obligation authority of title 23, United States Code, subject to section
$140,016,543 for administrative expenses of the
provided under subparagraph (A), the Secretary 133(c) of such title; and
Federal Transit Administration.
shall make available to States, Tribes, Puerto (ii) administrative expenses, including salaries
(3) USE OF FUNDS.—Except as otherwise pro-
Rico, the territories, and Federal land manage- and benefits, of—
vided in this division, amounts authorized to be
ment agencies, during the period of fiscal year (I) the State department of transportation;
appropriated for fiscal year 2021 with respect to
2021, amounts of obligation authority equal to (II) a local transportation agency; or
a program under paragraph (2) shall be distrib-
the amounts described in subparagraphs (A) (III) a metropolitan planning organization.
uted, administered, limited, and made available
through (E) of paragraph (3), respectively. (5) TRIBAL FUNDS.—
for obligation in the same manner as amounts
(ii) FURTHER DISTRIBUTION.—Each State, each (A) TREATMENT.—
authorized to be appropriated with respect to (i) IN GENERAL.—Except as otherwise provided
Tribe, Puerto Rico, each territory, and each
the program for fiscal year 2020 under the cov- in this paragraph, amounts made available
Federal land management agency receiving
ered laws. under paragraph (3)(B) shall be administered as
(4) OBLIGATION LIMITATION.— funds under subparagraphs (A) through (E) of
(A) IN GENERAL.—Except as provided in sub- paragraph (3), respectively, shall receive an if made available under section 202 of title 23,
paragraph (B), a program for which amounts amount of obligation authority equal to the United States Code.
are authorized to be appropriated under para- funds that it receives under any of such sub- (ii) NONAPPLICABILITY OF CERTAIN PROVISIONS
paragraphs. OF LAW.—Subsections (a)(6), (c), (d), and (e) of
graph (2)(A) shall be subject to a limitation on
obligations for fiscal year 2021 in the same (C) REDISTRIBUTION OF UNUSED OBLIGATION section 202 of title 23, United States Code, shall
amount and in the same manner as the limita- AUTHORITY.— not apply to amounts made available under
tion applicable with respect to the program for (i) IN GENERAL.—Notwithstanding subpara- paragraph (3)(B).
fiscal year 2020 under the Department of Trans- graph (B), the Secretary shall, after August 1 of (B) USE OF FUNDS.—Amounts made available
portation Appropriations Act, 2020 (Public Law fiscal year 2021— under paragraph (3)(B) may be obligated for—
116–94), as in effect on December 20, 2019. (I) revise a distribution of the obligation au- (i) activities eligible under section 202(a)(1) of
(B) FEDERAL-AID HIGHWAY AND HIGHWAY SAFE- thority made available under subparagraph (B) title 23, United States Code; and
TY CONSTRUCTION PROGRAMS.— if an amount distributed cannot be obligated (ii) transportation-related administrative ex-
(i) IN GENERAL.—Notwithstanding any other during that fiscal year; and penses, including salaries and benefits, of the
provision of this division, section 1102 of the (II) redistribute sufficient amounts to those Tribe.
FAST Act (Public Law 114–94), or the Depart- States able to obligate amounts in addition to (6) FUNDS FOR PUERTO RICO AND THE TERRI-
ment of Transportation Appropriations Act, 2020 those previously distributed during that fiscal TORIES.—
(Public Law 116–94), for fiscal year 2021, the ob- year, giving priority to those States having large (A) TREATMENT.—
ligations for Federal-aid highway and highway unobligated balances of funds apportioned (i) IN GENERAL.—Except as otherwise provided
safety construction programs shall not exceed under sections 144 (as in effect on the day before in this paragraph, amounts made available
$46,387,191,360. the date of enactment of MAP–21 (Public Law under paragraphs (3)(C) and (3)(D) shall be ad-
(ii) LIMITATION ON FEDERAL HIGHWAY ADMIN- 112–141)) and 104 of title 23, United States Code. ministered as if allocated under sections 165(b)
ISTRATION ADMINISTRATIVE EXPENSES.—Notwith- (ii) ADMINISTRATION.—The Secretary shall ad- and 165(c), respectively, of title 23, United States
standing any other provision of this division, of minister a redistribution under clause (i) of obli- Code.
the amount described in clause (i), for fiscal gation authority provided under subparagraph (ii) NONAPPLICABILITY OF CERTAIN PROVISIONS
year 2021 an amount not to exceed $478,897,049, (B) in a similar manner as the standard August OF LAW.—Section 165(b)(2) of title 23, United
together with advances and reimbursements re- redistribution. States Code, shall not apply to amounts made
ceived by the Federal Highway Administration, (iii) USE OF OBLIGATION AUTHORITY.—A State available to Puerto Rico under paragraph
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shall be obligated for necessary expenses for ad- may use obligation authority that it receives (3)(C).
ministration and operation of the Federal High- pursuant to this subparagraph in the same man- (B) USE OF FUNDS.—
way Administration. ner that it uses obligation authority that it re- (i) PUERTO RICO.—Amounts made available to
(b) DEFINITIONS.—In this section, the term ceives as part of the standard August redistribu- Puerto Rico under paragraph (3)(C) may be obli-
‘‘covered laws’’ means the following: tion. gated for—
(1) Titles I, III, IV, V, and VI of division A of (3) DISTRIBUTION OF FUNDS.—Amounts au- (I) activities eligible under chapter 1 of title
the FAST Act (Public Law 114–94). thorized to be appropriated for fiscal year 2021 23, United States Code; and
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2701
(II) transportation related administrative ex- ferry terminal facility operator eligible for Fed- (c) FEDERAL SHARE.—
penses, including salaries and benefits. eral participation under section 129(c) of title 23, (1) IN GENERAL.—Except as provided in para-
(ii) TERRITORIES.—Amounts made available to United States Code; and graph (3) and notwithstanding section 120 of
a territory under paragraph (3)(D) may be obli- (C) for operating costs associated with a ferry title 23, United States Code, or any other provi-
gated for— boat or ferry terminal facility eligible for Fed- sion of this division, the Federal share associ-
(I) activities eligible under section 165(c)(6) of eral participation under section 129(c) of title 23, ated with funds described in paragraph (2) that
title 23, United States Code, subject to section United States Code. are obligated during fiscal year 2021 may be up
165(c)(7) of such title; and (3) NATIONALLY SIGNIFICANT FREIGHT AND to 100 percent.
(II) transportation-related administrative ex- HIGHWAY PROJECTS.—In fiscal year 2021, the (2) FUNDS DESCRIBED.—The funds described in
penses, including salaries and benefits. program carried out under section 117 of title 23, this paragraph are funds made available for the
(7) FEDERAL LAND MANAGEMENT AGENCY United States Code, shall, in addition to any implementation or execution of Federal-aid
FUNDS.— otherwise applicable requirements, be subject to highway and highway safety construction pro-
(A) DISTRIBUTION.—Amounts made available the following provisions: grams authorized under title 23 or 49, United
under paragraph (3)(E) shall be distributed (A) MULTIMODAL PROJECTS.—Notwithstanding States Code, the FAST Act (Public Law 114–94),
among the Federal land management agencies subsection (d)(2)(A) of such section, the limita- or this division.
as follows: tion for projects described in such subsection (3) EXCEPTIONS.—Paragraph (1) shall not
(i) $99,494,147 for the National Park Service. shall be $600,000,000 for fiscal years 2016 apply to amounts obligated under section 115 or
(ii) $9,949,415 for the United States Fish and through 2021. 117 of title 23, United States Code, or chapter 6
Wildlife Service. (B) ADDITIONAL CONSIDERATIONS.—Notwith- of such title.
(iii) $6,301,296 for the United States Forest standing subsection (h)(2) of such section, the (d) ADMINISTRATIVE EXPENSES.—
Service. Secretary shall not consider the utilization of (1) SELF-CERTIFICATION AND AUDIT.—
(iv) $8,622,826 to be allocated to the applicable non-Federal contributions. (A) IN GENERAL.—Prior to the obligation of
Federal land management agencies as described (C) EVALUATION AND RATING.—To evaluate funds for administrative expenses pursuant to
in section 203(b) of title 23, United States Code. applications for funding under such section, the paragraph (4)(C)(ii), (5)(B)(ii), (6)(B)(i)(II), or
(B) TREATMENT.—Amounts made available Secretary shall— (6)(B)(ii)(II) of subsection (a) or paragraphs
under paragraph (3)(E) shall be administered as (i) determine whether a project is eligible for a
(1)(A)(ii) and (2)(B) of subsection (b), a State, a
if made available under section 203 of title 23, grant under such section;
Tribe, Puerto Rico, or a territory, as applicable,
United States Code. (ii) evaluate, through a methodology that is
shall certify to the Secretary that such adminis-
(8) DISADVANTAGED BUSINESS ENTERPRISES.— discernible and transparent to the public, how
trative expenses meet the requirements of such
Section 1101(b) of the FAST Act (Public Law each application addresses the merit criteria es-
paragraphs, as applicable.
114–94) shall apply to additional amounts made tablished by the Secretary;
(iii) assign a quality rating for each merit cri- (B) AUDIT.—The Secretary may conduct an
available under paragraph (1). audit to review obligations of funds and liquida-
(b) SPECIAL RULES FOR FISCAL YEAR 2021.— teria for each application based on the evalua-
tion under clause (ii); tion of such obligations for eligible administra-
(1) SUBALLOCATED AMOUNTS.— tive expenses described under subparagraph (A).
(A) USE OF FUNDS.—Amounts authorized to be (iv) ensure that applications receive final con-
sideration by the Secretary to receive an award (2) PLANNING.—Notwithstanding any other
appropriated for fiscal year 2021 with respect to provision of law, administrative expenses de-
a program under section 101(a)(2)(A) that are under such section only on the basis of such
quality ratings and that the Secretary gives scribed in paragraph (1)(A) shall not be required
suballocated pursuant to section 133(d)(1)(A) of to be included in a metropolitan transportation
title 23, United States Code, may be obligated final consideration only to applications that
meet the minimally acceptable level for each of plan, a long-range statewide transportation
for— plan, a transportation improvement program, or
(i) eligible projects as described in section the merit criteria; and
(v) award grants only to projects rated highly a statewide transportation improvement pro-
133(b) of title 23, United States Code; or gram under sections 134 or 135 of title 23, United
(ii) administrative expenses, including salaries under the evaluation and rating process.
(D) PUBLICATION AND METHODOLOGY.—In any States Code, or chapter 53 of title 49, United
and benefits, of—
published notice of funding opportunity for a States Code, as applicable.
(I) a local transportation agency; or
grant under such section, the Secretary shall in- (e) DEFINITIONS.—In this section, the fol-
(II) a metropolitan planning organization.
clude detailed information on the rating meth- lowing definitions apply:
(B) OBLIGATION AUTHORITY.—
odology and merit criteria to be used to evaluate (1) STANDARD AUGUST REDISTRIBUTION.—The
(i) IN GENERAL.—A State that is required to
applications. term ‘‘standard August redistribution’’ means
obligate in an urbanized area with an urbanized
(E) REPEAT APPLICATIONS.— the redistribution of obligation authority that
area population of over 200,000 individuals
(i) BRIEFING.—The Secretary shall provide to the Secretary is directed to administer under—
under section 133(d) of title 23, United States
each applicant that applied for, but did not re- (A) section 1102(d) of the FAST Act (Public
Code, funds apportioned to the State under sec-
ceive, funding under such section in fiscal year Law 114–94); or
tion 104(b)(2) of such title shall make available
2019 or 2020, at the request of the applicant, the (B) any Act making appropriations for the
during the period of fiscal years 2016 through
opportunity to receive a briefing to— Department of Transportation for fiscal year
2021 an amount of obligation authority distrib-
(I) explain any reasons the application was 2021.
uted to the State for Federal-aid highways and
not selected for funding; and (2) STATE.—The term ‘‘State’’ means the 50
highway safety construction programs for use in (II) advise the applicant on how to improve States and the District of Columbia.
the area that is equal to the amount obtained by the application for resubmission in fiscal year (3) TERRITORY.—The term ‘‘territory’’ means
multiplying— 2021 under the application criteria described in
(I) the aggregate amount of funds that the any of the following territories of the United
this paragraph. States:
State is required to obligate in the area under (ii) SUPPLEMENTARY APPLICATION.—
section 133(d) of title 23, United States Code, (A) American Samoa.
(I) IN GENERAL.—An applicant for funding (B) The Commonwealth of the Northern Mar-
during the period; and under such section may elect to resubmit an ap-
(II) the ratio that— iana Islands.
plication from a previous solicitation with a (C) Guam.
(aa) the aggregate amount of obligation au- supplementary appendix that describes how the
thority distributed to the State for Federal-aid (D) The United States Virgin Islands.
proposed project meets the requirements of sec- (4) URBAN AREA; URBANIZED AREA.—The terms
highways and highway safety construction pro- tion 117 of title 23, United States Code, and this
grams during the period; bears to ‘‘urban area’’ and ‘‘urbanized area’’ have the
paragraph. meanings given such terms in section 101 of title
(bb) the total of the sums apportioned to the (II) REQUIREMENTS.—The Secretary shall en-
State for Federal-aid highways and highway 23, United States Code.
sure that applications submitted under sub-
safety construction programs (excluding sums SEC. 103. FEDERAL TRANSIT ADMINISTRATION.
clause (I), including the supplementary appen-
not subject to an obligation limitation) during dix, are evaluated based on such requirements. (a) ADDITIONAL AMOUNTS.—
the period. (F) CONGRESSIONAL NOTIFICATION.—A notifi- (1) AUTHORIZATION OF APPROPRIATIONS FROM
(ii) JOINT RESPONSIBILITY.—Each State, each cation submitted pursuant to subsection (m) of MASS TRANSIT ACCOUNT.—
affected metropolitan planning organization, such section shall include— (A) IN GENERAL.—In addition to amounts au-
and the Secretary shall jointly ensure compli- (i) a summary of each application submitted thorized under section 101, there is authorized to
ance with clause (i). and, at the request of either Committee, a copy be appropriated from the Mass Transit Account
(2) FERRY BOAT PROGRAM.—Amounts author- of any application submitted; for fiscal year 2021, for activities under this sec-
ized to be appropriated for fiscal year 2021 with (ii) a list of any projects the Secretary deter- tion, $5,794,851,538.
respect to a program under section 101(a)(2)(A) mined were not eligible for funding; (B) APPORTIONMENT.—Amounts authorized
that are made available for the construction of (iii) a description of the specific criteria used under subparagraph (A) shall be apportioned in
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ferry boats and ferry terminal facilities under for each evaluation, including the quality rat- accordance with section 5310, section 5311 (other
section 147 of title 23, United States Code, may ing assigned for each eligible application sub- than subsections (b)(3), (c)(1)(A), and (c)(2) of
be obligated— mitted; such section), section 5336 (other than sub-
(A) in accordance with sections 129(c) and 147 (iv) a list of all projects that advanced to the section (h)(4) of such section), section 5337, and
of title 23, United States Code; Secretary for consideration; and section 5340 of title 49, United States Code, ex-
(B) for administrative expenses, including sal- (v) a detailed justification of the basis for cept that funds apportioned under section 5337
aries and benefits, of a ferry boat operator or each award proposed to be selected. of such title shall be added to funds apportioned
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H2702 CONGRESSIONAL RECORD — HOUSE June 30, 2020
under section 5307 of such title for administra- (A) 5309(d) of title 49, United States Code, that (C) OBLIGATION LIMITATION.—Notwith-
tion under section 5307 of such title. has been approved for advancement into the en- standing any other provision of law, for fiscal
(C) ALLOCATION.—The Secretary shall allocate gineering phase; year 2021, obligations for activities authorized
the amounts authorized to be appropriated to (B) 5309(e) of title 49, United States Code, that under this paragraph and obligations for activi-
sections 5307, 5310, 5311, 5337, and 5340 of title has entered into the project development phase ties authorized under section
49, United States Code, among such sections in or approved for advancement into the engineer- 101(a)(2)(A)(i)(II)(bb) that exceed amounts au-
the same ratio as funds are provided in the fis- ing phase; thorized under section 4001(a)(6) of the FAST
cal year 2020 appropriations. (C) subsection (d) or (e) of section 5309 of title Act (Public Law 114–94) shall not exceed
(D) OBLIGATION LIMITATION.—Notwith- 49, United States Code, that has a full funding $247,783,000.
standing any other provision of law, for fiscal grant agreement entered into under either such (2) DISTRIBUTION OF FUNDS.—Amounts au-
year 2021, obligations for activities authorized subsection after January 1, 2017; and thorized to be appropriated for fiscal year 2021
under this paragraph shall not exceed (D) section 5309(h) of title 49, United States under paragraph (1) shall be distributed as fol-
$5,794,851,538. Code, that the Federal Transit Administration lows:
(2) AUTHORIZATION OF APPROPRIATIONS FROM has a small starts grant award or agreement en- (A) $105,000,000 for carrying out section 402 of
GENERAL FUND.—In addition to amounts author- tered into after January, 1, 2017, or that has title 23, United States Code.
ized under section 101(a)(1)(B), there is author- been recommended by the Administration for an (B) $15,312,000 for carrying out section 403 of
ized to be appropriated from the general fund of allocation of capital investment funds that were title 23, United States Code.
the Treasury— (C) $19,202,000 for carrying out section 404 of
appropriated in fiscal year 2018, 2019, or 2020.
(A) $958,000,000 to carry out section 5309 of (2) PROJECT ELIGIBILITY.—From amounts title 23, United States Code.
title 49, United States Code; and (D) $105,000,000 for carrying out section 405 of
made available under subsection (a)(2)(B), the
(B) such sums as may be necessary to be made title 23, United States Code.
Secretary shall use such sums as may be nec- (b) SPECIAL RULES FOR FISCAL YEAR 2021.—
available as described in subsection (c) and that essary for projects under section 5309 of title 49, (1) FEDERAL SHARE.—Notwithstanding sec-
such sums shall be designated by the Congress United States Code, that— tions 120, 405(b)(2), 405(c)(2), 405(d)(2) and
as being for an emergency requirement pursuant (A) are not eligible for funds made available
to section 251(b)(2)(A)(i) of the Balanced Budget 405(h)(2) of title 23, United States Code, the Fed-
under paragraph (1); and eral share of activities for fiscal year 2021 car-
and Emergency Deficit Control Act of 1985. (B) have remaining scheduled Federal funds
(3) DISADVANTAGED BUSINESS ENTERPRISES.— ried out under chapter 4 of title 23, United
to be appropriated under a full funding grant States Code and section 1906 of SAFETEA–LU
Section 1101(b) of the FAST Act (Public Law agreement under such section.
114–94) shall apply to additional amounts made (23 U.S.C. 402 note) shall be 100 percent.
(3) DEFERRED LOCAL SHARE.—The Secretary (2) PERIOD OF AVAILABILITY.—Notwith-
available under this subsection. shall allow a project sponsor to defer payment
(b) SPECIAL RULES FOR FISCAL YEAR 2021.— standing section 118(b) of title 23, United States
of the local share for any project described in Code, funds apportioned or allocated to a State
(1) USE OF FUNDS.—Notwithstanding
paragraphs (1) and (2). in fiscal years 2017 and 2018 under sections 402
5307(a)(1) of title 49, United States Code, (4) TOTAL PROJECT COST.—In this subsection,
amounts made available under subsection and 405 of title 23, United States Code, and sec-
the term ‘‘total project cost’’ means the most re- tion 1906 of SAFETEA–LU (23 U.S.C. 402 note),
(a)(1)(A) may be obligated for— cent total project cost stipulated in—
(A) operating expenses, including, beginning shall remain available for obligation in that
(A) the full funding grant agreement; State for a period of 4 years after the last day
on January 20, 2020— (B) the approval into project engineering;
(i) reimbursement for operating costs to main- of the fiscal year for which the funds are au-
(C) the project rating for a project not yet ap-
tain service and offset lost revenue, including thorized. Notwithstanding any other provision
proved into project engineering;
the purchase of personal protective equipment; of law, this paragraph shall apply as if such
(D) the small starts grant or grant agreement;
and paragraph was enacted on September 30, 2020.
or (3) MAINTENANCE OF EFFORT.—Notwith-
(ii) paying the administrative leave of oper- (E) the project rating for a small starts project
ations personnel due to reductions in service; standing section 405(a)(9) of title 23, United
that has not yet been awarded a grant or grant States Code, the Secretary may waive the main-
and agreement.
(B) any other activity eligible under section tenance of effort requirements under such sec-
(5) FEDERAL SHARE.—The Federal share of the
5307, 5310, 5311, or 5337 of title 49, United States tion for fiscal year 2021 for a State, if the Sec-
costs of a project under this subsection may not
Code. retary determines appropriate.
exceed 80 percent. (4) IN-VEHICLE ALCOHOL DETECTION DEVICE RE-
(2) CONDITIONS.—Recipients use of funds
(6) APPLICATION OF LAW.—For purposes of SEARCH.—In carrying out subsection (h) of sec-
under paragraph (1) shall—
(A) not require that operating expenses de- paragraph (1), the Secretary shall apply section tion 403 of title 23, United States Code, the Sec-
scribed in paragraph (1)(A) be included in a 7001(b) of this Act when providing the addi- retary may obligate from funds made available
metropolitan transportation plan, long-range tional 30 percent of total project costs to any to carry out such section for fiscal year 2021 not
statewide transportation plan, a transportation project that meets the criteria in such section. more than $5,312,000 to conduct the research de-
(d) FEDERAL SHARE.— scribed in paragraph (1) of such subsection.
improvement program, or a statewide transpor-
(1) IN GENERAL.—Notwithstanding chapter 53 (5) COOPERATIVE RESEARCH AND EVALUA-
tation improvement program;
(B) meet the requirements of section 5333 of of title 49, United States Code, or any other pro- TION.—Notwithstanding the apportionment for-
title 49, United States Code; and vision of this division, the Federal share associ- mula set forth in section 402(c)(2) of title 23,
(C) to the maximum extent possible, be di- ated with funds described in paragraph (2) that United States Code, and section 403(f)(1) of title
rected to payroll and public transit service, un- are obligated during fiscal year 2021 may be up 23, United States Code, $2,500,000 of the total
less the recipient certifies to the Secretary that to 100 percent. amount available for apportionment to the
such recipient has not furloughed any employ- (2) FUNDS DESCRIBED.—The funds described in States for highway safety programs under sec-
ees. this paragraph are funds made available for the tion 402(c)(2) of title 23, United States Code, for
(3) OVERSIGHT.— implementation of transit programs authorized each of fiscal years 2016 through 2021, shall be
(A) Of the amounts made available to carry by chapter 53 of title 49, United States Code, the available for expenditure by the Secretary, act-
out this section, the percentages available for FAST Act (Public Law 114–94), or this division, ing through the Administrator of the National
oversight in section 5338(f)(1) of title 49, United excluding funds made available to projects Highway Traffic Safety Administration, for a
States Code, shall apply to the allocations of under section 5309 of title 49, United States cooperative research and evaluation program to
funds in subsection (a)(1)(C). Code. research and evaluate priority highway safety
(B) USE OF FUNDS.—Amounts made available (e) CONDITION FOR APPORTIONMENT.—No
countermeasures. This paragraph shall apply as
under subsection (a)(1)(A) shall be available for funds authorized in this division or any other
if such paragraph was enacted on October 1,
administrative expenses and program manage- Act may be used to adjust Mass Transit Account
2015.
ment oversight as authorized under sections 5334 apportionments or withhold funds from Mass
SEC. 105. FEDERAL MOTOR CARRIER SAFETY AD-
and 5338(f)(2) of title 49, United States Code. Transit Account apportionments pursuant to MINISTRATION.
(4) ADMINISTRATION OF GRANTS.—Amounts section 9503(e)(4) of the Internal Revenue Code (a) SPECIAL FUNDING FOR FISCAL YEAR 2021.—
made available under subsection (a)(1)(A) shall of 1986 in fiscal year 2021. (1) AUTHORIZATION OF APPROPRIATIONS.—
be administered, at the option of the recipient, SEC. 104. NATIONAL HIGHWAY TRAFFIC SAFETY (A) IN GENERAL.—In addition to amounts au-
as grants provided under the CARES Act (Pub- ADMINISTRATION. thorized under section 101, there is authorized to
lic Law 116–136) are administered. (a) SPECIAL FUNDING FOR FISCAL YEAR 2021.— be appropriated from the Highway Account for
(c) CIG COVID–19 EMERGENCY RELIEF PRO- (1) IN GENERAL.— fiscal year 2021, for activities under this sub-
GRAM.— (A) AUTHORIZATION OF APPROPRIATIONS.—In section, $209,900,000.
(1) IN GENERAL.—From amounts made avail- addition to amounts authorized under section (B) OBLIGATION LIMITATION.—Notwith-
able under subsection (a)(2)(B) and notwith- 101, there is authorized to be appropriated from standing any other provision of law, for fiscal
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standing section 5309(k)(2)(C)(ii), section the Highway Account for fiscal year 2021, for year 2021, obligations for activities authorized
5309(a)(7)(B), or section 5309(l)(1)(B)(ii) of title activities under this subsection, $244,514,000. under this paragraph shall not exceed
49, United States Code, at the request of a (B) CONTRACT AUTHORITY.—Amounts author- $209,900,000.
project sponsor, the Secretary shall use such ized under subparagraph (A) shall be available (2) DISTRIBUTION OF FUNDS.—Amounts au-
sums as may be necessary to provide an addi- for obligation in the same manner as if such thorized to be appropriated for fiscal year 2021
tional 30 percent of total project costs for any funds were apportioned under chapter 1 of title under paragraph (1) shall be distributed as fol-
project under— 23, United States Code. lows:
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2703
(A) Subject to section 31104(c) of title 49, TITLE I—FEDERAL-AID HIGHWAYS (8) ELECTRIC VEHICLE CHARGING, NATURAL GAS
United States Code— Subtitle A—Authorizations and Program FUELING, PROPANE FUELING, AND HYDROGEN
(i) $80,512,000 for carrying out section 31102 Conditions FUELING INFRASTRUCTURE GRANTS.—To carry
(except subsection (l)) of title 49, United States out section 151(f) of title 23, United States Code,
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
Code); $350,000,000 for each of fiscal years 2022 through
(ii) $14,208,000 for carrying out section 31102(l) (a) IN GENERAL.—The following amounts are
2025.
of title 49, United States Code; and authorized to be appropriated out of the High- (9) COMMUNITY CLIMATE INNOVATION
(iii) $23,680,000 for carrying out section 31313 way Trust Fund (other than the Mass Transit GRANTS.—To carry out section 172 of title 23,
of title 49, United States Code. Account): United States Code, $250,000,000 for each of fis-
(B) $91,500,000 for carrying out section 31110 (1) FEDERAL-AID HIGHWAY PROGRAM.—For the cal years 2022 through 2025.
of title 49, United States Code. national highway performance program under (b) ADDITIONAL PROGRAMS.—
(3) TREATMENT OF FUNDS.—Except as provided section 119 of title 23, United States Code, the (1) IN GENERAL.—The following amounts are
in subsection (b), amounts made available under pre-disaster mitigation program under section authorized to be appropriated out of the High-
this section shall be made available for obliga- 124 of such title, the railway crossings program way Trust Fund (other than the Mass Transit
tion and administered as if made available under section 130 of such title, the surface Account):
under chapter 311 of title 49, United States transportation program under section 133 of (A) GRIDLOCK REDUCTION GRANT PROGRAM.—
Code. such title, the highway safety improvement pro- To carry out section 1306 of this Act,
(b) SPECIAL RULES FOR FISCAL YEAR 2021.— gram under section 148 of such title, the conges- $250,000,000 for fiscal year 2022.
(1) FINANCIAL ASSISTANCE AGREEMENTS FED- tion mitigation and air quality improvement (B) REBUILD RURAL GRANT PROGRAM.—To
ERAL SHARE.—Notwithstanding chapter 311 of program under section 149 of such title, the na- carry out section 1307 of this Act, $250,000,000
title 49, United States Code, or any regulations tional highway freight program under section for fiscal year 2022.
adopted pursuant to such chapter, for the dura- 167 of such title, the carbon pollution reduction (C) PARKING FOR COMMERCIAL MOTOR VEHI-
tion of fiscal year 2021 with respect to all finan- program under section 171 of such title, and CLES.—To carry out section 1308 of this Act,
cial assistance made available under subsection metropolitan planning under section 134 of such $250,000,000 for fiscal year 2023.
(a) and section 101, the Secretary of Transpor- title— (D) ACTIVE TRANSPORTATION CONNECTIVITY
tation may— (A) $55,022,048,429 for fiscal year 2022; GRANT PROGRAM.—To carry out section 1309 of
(A) reimburse recipients under section (B) $55,980,646,776 for fiscal year 2023; this Act, $250,000,000 for fiscal year 2024.
31104(b)(2) of title 49, United States Code, in an (C) $57,095,359,712 for fiscal year 2024; and (E) METRO PERFORMANCE PROGRAM.—To carry
amount that is 100 percent of the costs described (D) $58,118,666,186 for fiscal year 2025. out section 1305 of this Act, $250,000,000 for each
in such section; and (2) TRANSPORTATION INFRASTRUCTURE FINANCE of fiscal years 2023 through 2025.
(B) waive the maintenance of effort require- AND INNOVATION PROGRAM.—For credit assist- (2) TREATMENT OF FUNDS.—Amounts made
ment under 31102(f) of title 49, United States ance under the transportation infrastructure fi- available under subparagraphs (B) through (D)
Code, for all States without requiring States to nance and innovation program under chapter 6 of paragraph (1) shall be administered as if ap-
request a waiver. of title 23, United States Code, $300,000,000 for portioned under chapter 1 of title 23, United
(2) FINANCIAL ASSISTANCE AGREEMENTS PERIOD each of fiscal years 2022 through 2025. States Code.
OF AVAILABILITY.—Notwithstanding section (3) CONSTRUCTION OF FERRY BOATS AND FERRY (c) DISADVANTAGED BUSINESS ENTERPRISES.—
31104(f) of title 49, United States Code, the Sec- TERMINAL FACILITIES.—For construction of ferry (1) FINDINGS.—Congress finds that—
retary shall extend the periods of availability boats and ferry terminal facilities under section (A) despite the real improvements caused by
described in such section by 1 year. 147 of title 23, United States Code, $120,000,000 the disadvantaged business enterprise program,
(3) ADMINISTRATIVE EXPENSES.—The Adminis- for each of fiscal years 2022 through 2025. minority- and women-owned businesses across
trator of the Federal Motor Carrier Safety Ad- (4) FEDERAL LANDS AND TRIBAL TRANSPOR- the country continue to confront serious and
ministration shall ensure that funds made avail- TATION PROGRAMS.— significant obstacles to success caused by race
able under subsection (a)(2)(B) are used, to the (A) TRIBAL TRANSPORTATION PROGRAM.—For and gender discrimination in the federally as-
maximum extent practicable, to support— the tribal transportation program under section sisted surface transportation market and related
(A) the acceleration of planned investments to 202 of title 23, United States Code, $800,000,000 markets across the United States;
modernize the Administration’s information for each of fiscal years 2022 through 2025. (B) the continuing race and gender discrimi-
technology and information management sys- (B) FEDERAL LANDS TRANSPORTATION PRO- nation described in subparagraph (A) merits the
tems; GRAM.— continuation of the disadvantaged business en-
(B) the completion of outstanding statutory (i) IN GENERAL.—For the Federal lands trans- terprise program;
mandates required by MAP–21 (112–141) and the portation program under section 203 of title 23, (C) recently, the disparities cause by discrimi-
FAST Act (114–94); and United States Code, $550,000,000 for each of fis- nation against African American, Hispanic
(C) a Large Truck Crash Causal Factors cal years 2022 through 2025. American, Asian American, Native American,
Study of the Administration. (ii) ALLOCATION.—Of the amount made avail- and women business owners have been further
SEC. 106. DEFINITIONS. able for a fiscal year under clause (i)— exacerbated by the coronavirus pandemic and
In this division, the following definitions (I) the amount for the National Park Service its disproportionate effects on minority- and
apply: is $400,000,000 for each of fiscal years 2022 women-owned businesses across the nation;
(1) HIGHWAY ACCOUNT.—The term ‘‘Highway through 2025; (D) Congress has received and reviewed testi-
Account’’ means the portion of the Highway (II) the amount for the United States Fish and mony and documentation of race and gender
Trust Fund that is not the Mass Transit Ac- Wildlife Service is $50,000,000 for each of fiscal discrimination from numerous sources, includ-
count. years 2022 through 2025; and ing congressional hearings and other investiga-
(2) MASS TRANSIT ACCOUNT.—The term ‘‘Mass (III) the amount for the United States Forest tive activities, scientific reports, reports issued
Transit Account’’ means the portion of the Service is $50,000,000 for each of fiscal years 2022 by public and private agencies at every level of
Highway Trust Fund established under section through 2025. government, news reports, academic publica-
9503(e)(1) of the Internal Revenue Code of 1986. (C) FEDERAL LANDS ACCESS PROGRAM.—For tions, reports of discrimination by organizations
(3) SECRETARY.—The term ‘‘Secretary’’ means the Federal lands access program under section and individuals, and discrimination lawsuits,
the Secretary of Transportation. 204 of title 23, United States Code, $345,000,000 which continue to demonstrate that race- and
DIVISION B—SURFACE TRANSPORTATION for each of fiscal years 2022 through 2025. gender-neutral efforts alone are insufficient to
SEC. 1001. APPLICABILITY OF DIVISION. (D) FEDERAL LANDS AND TRIBAL MAJOR address the problem;
(a) APPLICABILITY.—This division, including PROJECTS GRANTS.—To carry out section 208 of (E) the testimony and documentation de-
the amendments made by this division, applies title 23, United States Code, $400,000,000 for each scribed in subparagraph (D) demonstrate that
beginning on October 1, 2021. of fiscal years 2022 through 2025. discrimination across the United States poses an
(b) REFERENCE TO DATE OF ENACTMENT.—In (5) TERRITORIAL AND PUERTO RICO HIGHWAY injurious and enduring barrier to full and fair
this division and the amendments made by this PROGRAM.—For the territorial and Puerto Rico participation in surface transportation-related
division, any reference to— highway program under section 165 of title 23, businesses of women business owners and mi-
(1) the date of enactment of this Act; United States Code, $310,000,000 for each of fis- nority business owners and has negatively af-
(2) the date of enactment of a provision of this cal years 2022 through 2025. fected firm formation, development and success
division; (6) PROJECTS OF NATIONAL AND REGIONAL SIG- in many aspects of surface transportation-re-
(3) the date of enactment of a provision added NIFICANCE.—For projects of national and re- lated business in the public and private markets;
to law by an amendment made by this division; gional significance under section 117 of title 23, and
or United States Code— (F) the testimony and documentation de-
(4) the date of enactment of the INVEST in (A) $2,200,000,000 for fiscal year 2022; scribed in subparagraph (D) provide a clear pic-
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America Act added to law by an amendment (B) $2,200,000,000 for fiscal year 2023; ture of the inequality caused by discrimination
made by this division, (C) $2,300,000,000 for fiscal year 2024; and that continues to plague our nation and a
shall be treated as a reference to October 1, 2021. (D) $2,350,000,000 for fiscal year 2025. strong basis that there is a compelling need for
(c) EXCEPTION FOR IMMEDIATE APPLICATION.— (7) COMMUNITY TRANSPORTATION INVESTMENT the continuation of the disadvantaged business
Subsections (a) and (b) shall not apply to sec- GRANTS.—To carry out section 173 of title 23, enterprise program to address race and gender
tion 1105 and the amendments made by such sec- United States Code, $600,000,000 for each of fis- discrimination in surface transportation-related
tion. cal years 2022 through 2025. business.
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H2704 CONGRESSIONAL RECORD — HOUSE June 30, 2020
(2) DEFINITIONS.—In this subsection, the fol- comply with section 26.29 of title 49, Code of not subject to a limitation on obligations at the
lowing definitions apply: Federal Regulations (the disadvantaged busi- time at which the funds were initially made
(A) SMALL BUSINESS CONCERN.—The term ness enterprises prompt payment rule), or any available for obligation;
‘‘small business concern’’ means a small busi- corresponding regulation, in awarding federally (12) section 119 of title 23, United States Code
ness concern (as the term is used in section 3 of funded transportation contracts under laws and (as in effect for fiscal years 2013 through 2015,
the Small Business Act (15 U.S.C. 632)). regulations administered by the Secretary; and but only in an amount equal to $639,000,000 for
(B) SOCIALLY AND ECONOMICALLY DISADVAN- (B) such additional steps should include in- each of those fiscal years);
TAGED INDIVIDUALS.—The term ‘‘socially and creasing the Department of Transportation’s (13) section 119 of title 23, United States Code
economically disadvantaged individuals’’ has ability to track and keep records of complaints (but, for fiscal years 2016 through 2021, only in
the meaning given the term in section 8(d) of the and to make that information publicly avail- an amount equal to $639,000,000 for each of
Small Business Act (15 U.S.C. 637(d)) and rel- able. those fiscal years);
evant subcontracting regulations issued pursu- (d) LIMITATION ON FINANCIAL ASSISTANCE FOR (14) section 203 of title 23, United States Code
ant to that Act, except that women shall be pre- STATE-OWNED ENTERPRISES.— (but, for fiscal years 2022 through 2025, only in
sumed to be socially and economically disadvan- (1) IN GENERAL.—Funds provided under this an amount equal to $550,000,000 for each of
taged individuals for purposes of this sub- section may not be used in awarding a contract, those fiscal years); and
section. subcontract, grant, or loan to an entity that is (15) section 133(d)(1)(B) of title 23, United
(3) AMOUNTS FOR SMALL BUSINESS CONCERNS.— owned or controlled by, is a subsidiary of, or is States Code (but, for fiscal years 2022 through
Except to the extent that the Secretary of Trans- otherwise related legally or financially to a cor- 2025, only in an amount equal to $89,000,000 for
portation determines otherwise, not less than 10 poration based in a country that— each of those fiscal years).
percent of the amounts made available for any (A) is identified as a nonmarket economy (c) DISTRIBUTION OF OBLIGATION AUTHOR-
program under titles I, II, V, and VII of this di- country (as defined in section 771(18) of the Tar- ITY.—Subject to paragraph (1)(B), for each of
vision and section 403 of title 23, United States iff Act of 1930 (19 U.S.C. 1677(18))) as of the date fiscal years 2022 through 2025, the Secretary of
Code, shall be expended through small business of enactment of this Act; Transportation—
concerns owned and controlled by socially and (B) was identified by the United States Trade (1)(A) shall not distribute obligation authority
economically disadvantaged individuals. Representative in the most recent report re- provided by subsection (a) for the fiscal year
(4) ANNUAL LISTING OF DISADVANTAGED BUSI- quired by section 182 of the Trade Act of 1974 (19 for—
NESS ENTERPRISES.—Each State shall annually— U.S.C. 2242) as a priority foreign country under (i) amounts authorized for administrative ex-
(A) survey and compile a list of the small busi- subsection (a)(2) of that section; and penses and programs by section 104(a) of title 23,
ness concerns referred to in paragraph (3) in the (C) is subject to monitoring by the Trade Rep- United States Code;
State, including the location of the small busi- resentative under section 306 of the Trade Act of (ii) amounts authorized for the Bureau of
ness concerns in the State; and 1974 (19 U.S.C. 2416). Transportation Statistics;
(B) notify the Secretary, in writing, of the (2) EXCEPTION.—For purposes of paragraph (iii) amounts authorized for the tribal trans-
percentage of the small business concerns that (1), the term ‘‘otherwise related legally or finan- portation program under section 202 of title 23,
are controlled by— cially’’ does not include a minority relationship United States Code; and
(i) women; or investment. (iv) amounts authorized for the territorial and
(ii) socially and economically disadvantaged (3) INTERNATIONAL AGREEMENTS.—This sub- Puerto Rico highway program under section
individuals (other than women); and section shall be applied in a manner consistent 165(a) of title 23, United States Code; and
(iii) individuals who are women and are oth- with the obligations of the United States under (B) for each of fiscal years 2023 through 2025,
erwise socially and economically disadvantaged international agreements. in addition to the amounts described in sub-
individuals. paragraph (A), shall not distribute obligation
SEC. 1102. OBLIGATION LIMITATION.
(5) UNIFORM CERTIFICATION.— authority provided by subsection (a) for the fis-
(A) IN GENERAL.—The Secretary of Transpor- (a) GENERAL LIMITATION.—Subject to sub- cal year for amounts authorized for the metro
tation shall establish minimum uniform criteria section (e), and notwithstanding any other pro- performance program under section 1305 of this
for use by State governments in certifying vision of law, the obligations for Federal-aid Act;
whether a concern qualifies as a small business highway and highway safety construction pro- (2) shall not distribute an amount of obliga-
concern for the purpose of this subsection. grams shall not exceed— tion authority provided by subsection (a) that is
(B) INCLUSIONS.—The minimum uniform cri- (1) $62,159,350,954 for fiscal year 2022; equal to the unobligated balance of amounts—
teria established under subparagraph (A) shall (2) $63,121,354,776 for fiscal year 2023; (A) made available from the Highway Trust
include, with respect to a potential small busi- (3) $64,346,443,712 for fiscal year 2024; and Fund (other than the Mass Transit Account) for
ness concern— (4) $65,180,125,186 for fiscal year 2025. Federal-aid highway and highway safety con-
(i) on-site visits; (b) EXCEPTIONS.—The limitations under sub- struction programs for previous fiscal years, the
(ii) personal interviews with personnel; section (a) shall not apply to obligations under funds for which are allocated by the Secretary
(iii) issuance or inspection of licenses; or for— (or apportioned by the Secretary under section
(iv) analyses of stock ownership; (1) section 125 of title 23, United States Code; 202 or 204 of title 23, United States Code); and
(v) listings of equipment; (2) section 147 of the Surface Transportation (B) for which obligation authority was pro-
(vi) analyses of bonding capacity; Assistance Act of 1978 (23 U.S.C. 144 note; 92 vided in a previous fiscal year;
(vii) listings of work completed; Stat. 2714); (3) shall determine the proportion that—
(viii) examination of the resumes of principal (3) section 9 of the Federal-Aid Highway Act (A) the obligation authority provided by sub-
owners; of 1981 (95 Stat. 1701); section (a) for the fiscal year, less the aggregate
(ix) analyses of financial capacity; and (4) subsections (b) and (j) of section 131 of the of amounts not distributed under paragraphs (1)
(x) analyses of the type of work preferred. Surface Transportation Assistance Act of 1982 and (2) of this subsection; bears to
(6) REPORTING.—The Secretary of Transpor- (96 Stat. 2119); (B) the total of—
tation shall establish minimum requirements for (5) subsections (b) and (c) of section 149 of the (i) the sums authorized to be appropriated for
use by State governments in reporting to the Surface Transportation and Uniform Relocation the Federal-aid highway and highway safety
Secretary— Assistance Act of 1987 (101 Stat. 198); construction programs, other than sums author-
(A) information concerning disadvantaged (6) sections 1103 through 1108 of the Inter- ized to be appropriated for—
business enterprise awards, commitments, and modal Surface Transportation Efficiency Act of (I) provisions of law described in paragraphs
achievements; and 1991 (Public Law 102–240); (1) through (13) of subsection (b);
(B) such other information as the Secretary (7) section 157 of title 23, United States Code (II) section 203 of title 23, United States Code,
determines to be appropriate for the proper mon- (as in effect on June 8, 1998); equal to the amount referred to in subsection
itoring of the disadvantaged business enterprise (8) section 105 of title 23, United States Code (b)(14) for the fiscal year; and
program. (as in effect for fiscal years 1998 through 2004, (III) section 133(d)(1)(B) of title 23, United
(7) COMPLIANCE WITH COURT ORDERS.—Noth- but only in an amount equal to $639,000,000 for States Code, equal to the amount referred to in
ing in this subsection limits the eligibility of an each of those fiscal years); subsection (b)(15) for the fiscal year; less
individual or entity to receive funds made avail- (9) Federal-aid highway programs for which (ii) the aggregate of the amounts not distrib-
able under titles I, II, V, and VII of this division obligation authority was made available under uted under paragraphs (1) and (2) of this sub-
and section 403 of title 23, United States Code, the Transportation Equity Act for the 21st Cen- section;
if the entity or person is prevented, in whole or tury (112 Stat. 107) or subsequent Acts for mul- (4) shall distribute the obligation authority
in part, from complying with paragraph (3) be- tiple years or to remain available until ex- provided by subsection (a), less the aggregate
cause a Federal court issues a final order in pended, but only to the extent that the obliga- amounts not distributed under paragraphs (1)
which the court finds that a requirement or the tion authority has not lapsed or been used; and (2), for each of the programs (other than
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implementation of paragraph (3) is unconstitu- (10) section 105 of title 23, United States Code programs to which paragraph (1) applies) that
tional. (as in effect for fiscal years 2005 through 2012, are allocated by the Secretary under this Act
(8) SENSE OF CONGRESS ON PROMPT PAYMENT but only in an amount equal to $639,000,000 for and title 23, United States Code, or apportioned
OF DBE SUBCONTRACTORS.—It is the sense of each of those fiscal years); by the Secretary under section 202 or 204 of such
Congress that— (11) section 1603 of SAFETEA–LU (23 U.S.C. title, by multiplying—
(A) the Secretary of Transportation should 118 note; 119 Stat. 1248), to the extent that funds (A) the proportion determined under para-
take additional steps to ensure that recipients obligated in accordance with that section were graph (3); by
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2705
(B) the amounts authorized to be appropriated (24), (25), (26), (27), (28), (29), (30), (31), (32), ‘‘(27) PROTECTIVE FEATURE.—
for each such program for the fiscal year; and (33), and (34) as paragraphs (2), (3), (4), (6), (8), ‘‘(A) IN GENERAL.—The term ‘protective fea-
(5) shall distribute the obligation authority (10), (11), (12), (13), (14), (16), (17), (18), (19), ture’ means an improvement to a highway or
provided by subsection (a), less the aggregate (20), (21), (23), (24), (25), (26), (28), (29), (32), bridge designed to increase resilience or mitigate
amounts not distributed under paragraphs (1) (33), (34), (35), (36), (37), (38), (40), (41), (42), the risk of recurring damage or the cost of fu-
and (2) and the amounts distributed under (43), and (44), respectively; ture repairs from climate change effects, extreme
paragraph (4), for Federal-aid highway and (B) by inserting before paragraph (2), as so re- events, seismic activity, or any other natural
highway safety construction programs that are designated, the following: disaster.
apportioned by the Secretary under title 23, ‘‘(1) ADAPTATION.—The term ‘adaptation’ ‘‘(B) INCLUSIONS.—The term ‘protective fea-
United States Code (other than the amounts ap- means an adjustment in natural or human sys- ture’ includes—
portioned for the surface transportation pro- tems in anticipation of, or in response to, a ‘‘(i) raising roadway grades;
gram in section 133(d)(1)(B) of title 23, United changing environment in a way that moderates ‘‘(ii) relocating roadways to higher ground
States Code, that are exempt from the limitation negative effects of extreme events or climate above projected flood elevation levels or away
under subsection (b)(15) and the amounts appor- change.’’; from slide prone areas;
tioned under sections 202 and 204 of such title) (C) by inserting after paragraph (4), as so re- ‘‘(iii) stabilizing slide areas;
in the proportion that— designated, the following: ‘‘(iv) stabilizing slopes;
(A) amounts authorized to be appropriated for ‘‘(5) CLIMATE CHANGE.—The term ‘climate ‘‘(v) lengthening or raising bridges to increase
the programs that are apportioned under title change’ means any significant change in the waterway openings;
23, United States Code, to each State for the fis- measures of climate lasting for an extended pe- ‘‘(vi) increasing the size or number of drain-
cal year; bears to riod of time, and may include major changes in age structures;
(B) the total of the amounts authorized to be temperature, precipitation, wind patterns, or sea ‘‘(vii) replacing culverts with bridges or
appropriated for the programs that are appor- level, among others, that occur over several dec- upsizing culverts;
tioned under title 23, United States Code, to all ades or longer.’’; ‘‘(viii) installing seismic retrofits on bridges;
States for the fiscal year. (D) in paragraph (6)(A), as so redesignated, ‘‘(ix) scour, stream stability, coastal, and
(d) REDISTRIBUTION OF UNUSED OBLIGATION by inserting ‘‘assessing resilience,’’ after ‘‘sur- other hydraulic countermeasures; and
AUTHORITY.—Notwithstanding subsection (c), veying,’’; ‘‘(x) the use of natural infrastructure.’’;
the Secretary of Transportation shall, after Au- (E) by inserting after paragraph (6), as so re- (J) by inserting after paragraph (29), as so re-
gust 1 of each of fiscal years 2022 through 2025— designated, the following: designated, the following:
(1) revise a distribution of the obligation au- ‘‘(7) CONTEXT SENSITIVE DESIGN PRINCIPLES.— ‘‘(30) REPEATEDLY DAMAGED FACILITY.—The
thority made available under subsection (c) if The term ‘context sensitive design principles’ term ‘repeatedly damaged facility’ means a
an amount distributed cannot be obligated dur- means principles for the design of a public road road, highway, or bridge that has required re-
ing that fiscal year; and that— pair and reconstruction activities on 2 or more
(2) redistribute sufficient amounts to those ‘‘(A) provides for the safe and adequate ac- occasions due to natural disasters or cata-
States able to obligate amounts in addition to commodation, in all phases of project planning, strophic failures resulting in emergencies de-
those previously distributed during that fiscal design, and development, transportation facili- clared by the Governor of the State in which the
year, giving priority to those States having large ties for users, including pedestrians, bicyclists, road, highway, or bridge is located or emer-
unobligated balances of funds apportioned public transportation users, children, older indi- gencies or major disasters declared by the Presi-
under section 104 of title 23, United States Code. viduals, individuals with disabilities, motorists, dent under the Robert T. Stafford Disaster Re-
(e) SPECIAL LIMITATION.— and freight vehicles; and lief and Emergency Assistance Act (42 U.S.C.
(1) IN GENERAL.—Except as provided in para- ‘‘(B) considers the context in which the facil- 5121 et seq.).
graph (2), obligation limitations imposed by sub- ity is planned to be constructed to determine the ‘‘(31) RESILIENCE.—
section (a) shall apply to contract authority appropriate facility design.’’; ‘‘(A) IN GENERAL.—The term ‘resilience’
for— (F) by inserting after paragraph (8), as so re- means, with respect to a facility, the ability to—
(A) transportation research programs carried designated, the following: ‘‘(i) anticipate, prepare for, or adapt to condi-
out under chapter 5 of title 23, United States ‘‘(9) EVACUATION ROUTE.—The term ‘evacu- tions; or
Code, and title V of this Act; and ation route’ means a transportation route or ‘‘(ii) withstand, respond to, or recover rapidly
(B) the metro performance program under sec- system that— from disruptions.
tion 1305 of this Act. ‘‘(A) is used to transport— ‘‘(B) INCLUSIONS.—Such term includes, with
(2) EXCEPTION.—Obligation authority made ‘‘(i) the public away from an emergency event; respect to a facility, the ability to—
available under paragraph (1) shall— or ‘‘(i) resist hazards or withstand impacts from
(A) remain available for a period of 4 fiscal ‘‘(ii) first responders and recovery resources in disruptions;
years; and the event of an emergency; and ‘‘(ii) reduce the magnitude, duration, or im-
(B) be in addition to the amount of any limi- ‘‘(B) is identified, consistent with sections pact of a disruption; or
tation imposed on obligations for Federal-aid 134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by the eligi- ‘‘(iii) have the absorptive capacity, adaptive
highway and highway safety construction pro- ble entity with jurisdiction over the area in capacity, and recoverability to decrease vulner-
grams for future fiscal years. which the route is located for the purposes de- ability to a disruption.’’;
(f) LOP-OFF.— scribed in subparagraph (A).’’; (K) by inserting after paragraph (38), as so re-
(1) IN GENERAL.—Not later than 30 days after (G) by inserting after paragraph (14), as so re- designated, the following:
the date of distribution of obligation authority designated, the following: ‘‘(39) TRANSPORTATION SYSTEM ACCESS.—The
under subsection (c) for each of fiscal years 2022 ‘‘(15) GREENHOUSE GAS.—The term ‘green- term ‘transportation system access’ means the
through 2025, the Secretary of Transportation house gas’ has the meaning given the term in ability to travel by automobile, public transpor-
shall distribute to the States any funds that— section 211(o)(1)(G) of the Clean Air Act (42 tation, pedestrian, and bicycle networks, meas-
(A) are authorized to be appropriated for the U.S.C. 7545(o)(1)(G)).’’; ured by travel time, taking into consideration—
fiscal year for Federal-aid highway programs; (H) by inserting after paragraph (21), as so re- ‘‘(A) the impacts of the level of travel stress
and designated, the following: for non-motorized users;
(B) the Secretary determines will not be allo- ‘‘(22) NATURAL INFRASTRUCTURE.— ‘‘(B) costs for low-income travelers; and
cated to the States (or will not be apportioned to ‘‘(A) IN GENERAL.—The term ‘natural infra- ‘‘(C) the extent to which transportation access
the States under section 204 of title 23, United structure’ means infrastructure that uses, re- is impacted by zoning policies and land use
States Code), and will not be available for obli- stores, or emulates natural ecological processes planning practices that effect the affordability,
gation, for the fiscal year because of the imposi- that— elasticity, and diversity of the housing supply.’’;
tion of any obligation limitation for the fiscal ‘‘(i) is created through the action of natural and
year. physical, geological, biological, and chemical (L) by adding at the end the following:
(2) RATIO.—Funds shall be distributed under processes over time; ‘‘(45) TRANSPORTATION DEMAND MANAGEMENT;
paragraph (1) in the same proportion as the dis- ‘‘(ii) is created by human design, engineering, TDM.—The terms ‘transportation demand man-
tribution of obligation authority under sub- and construction to emulate or act in concert agement’ and ‘TDM’ mean the use of strategies
section (c)(5). with natural processes; or to inform and encourage travelers to maximize
(3) AVAILABILITY.—Funds distributed to each ‘‘(iii) involves the use of plants, soils, and the efficiency of a transportation system leading
State under paragraph (1) shall be available for other natural features, including through the to improved mobility, reduced congestion, and
any purpose described in section 133(b) of title creation, restoration, or preservation of vege- lower vehicle emissions.
23, United States Code. tated areas using materials appropriate to the ‘‘(46) TRANSPORTATION DEMAND MANAGEMENT
SEC. 1103. DEFINITIONS AND DECLARATION OF region to manage stormwater and runoff, to at- STRATEGIES.—The term ‘transportation demand
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POLICY. tenuate flooding and storm surges, and for other management strategies’ means the use of plan-
Section 101 of title 23, United States Code, is related purposes. ning, programs, policy, marketing, communica-
amended— ‘‘(B) INCLUSION.—The term ‘natural infra- tions, incentives, pricing, and technology to
(1) in subsection (a)— structure’ includes green infrastructure and na- shift travel mode, routes used, departure times,
(A) by redesignating paragraphs (1), (2), (3), ture-based solutions.’’; number of trips, and location and design work
(4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (I) by inserting after paragraph (26), as so re- space or public attractions.’’; and
(15), (16), (17), (18), (19), (20), (21), (22), (23), designated, the following: (2) in subsection (b)—
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H2706 CONGRESSIONAL RECORD — HOUSE June 30, 2020
(A) in paragraph (1) by striking ‘‘Defense,’’ ‘‘(6) METROPOLITAN PLANNING.— (3) in subsection (d)(1)(A)—
and inserting ‘‘Defense Highways,’’; ‘‘(A) IN GENERAL.—For metropolitan planning, (A) in clause (i) by striking ‘‘paragraphs
(B) in paragraph (3)— an amount determined for the State under sub- (5)(D) and (6) of subsection (b)’’ and inserting
(i) in subparagraph (A) by striking ‘‘Century’’ paragraphs (B) and (C). ‘‘subsection (b)(6)’’; and
and inserting ‘‘century’’; ‘‘(B) TOTAL AMOUNT.—The total amount for (B) in clause (ii) by striking ‘‘paragraphs
(ii) in subparagraph (G) by striking ‘‘; and’’ metropolitan planning for all States shall be— (5)(D) and (6) of subsection (b)’’ and inserting
and inserting a semicolon; ‘‘(i) $507,500,000 for fiscal year 2022; ‘‘subsection (b)(6)’’; and
(iii) in subparagraph (H) by striking ‘‘Cen- ‘‘(ii) $516,381,250 for fiscal year 2023; (4) by striking subsections (h) and (i) and in-
tury.’’ and inserting ‘‘century;’’; and ‘‘(iii) $526,708,875 for fiscal year 2024; and serting the following:
(iv) by adding at the end the following: ‘‘(iv) $536,189,635 for fiscal year 2025. ‘‘(h) DEFINITION OF COVERED PROGRAMS.—In
‘‘(I) safety is the highest priority of the De- ‘‘(C) STATE SHARE.—For each fiscal year, the this section, the term ‘covered programs’
partment of Transportation, and the Secretary Secretary shall distribute among the States the means—
and States should take all actions necessary to amount for metropolitan planning under sub- ‘‘(1) the national highway performance pro-
meet the transportation needs of the 21st cen- paragraph (B) so that each State receives an gram under section 119;
tury for all road users; amount equal to the proportion that— ‘‘(2) the surface transportation program under
‘‘(J) climate change presents a significant risk ‘‘(i) the amount apportioned to the State for section 133;
to safety, the economy, and national security, metropolitan planning for fiscal year 2020; bears ‘‘(3) the highway safety improvement program
and reducing the contributions of the transpor- to under section 148;
tation system to the Nation’s total carbon pollu- ‘‘(ii) the total amount of funds apportioned to ‘‘(4) the congestion mitigation and air quality
tion is critical; and all States for metropolitan planning for fiscal improvement program under section 149;
‘‘(K) the Secretary and States should take ap- year 2020. ‘‘(5) the national highway freight program
propriate measures and ensure investments to ‘‘(7) RAILWAY CROSSINGS.— under section 167;
increase the resilience of the Nation’s transpor- ‘‘(A) IN GENERAL.—For the railway crossings ‘‘(6) metropolitan planning under section 134;
tation system.’’; and program, an amount determined for the State ‘‘(7) the railway crossings program under sec-
(C) in paragraph (4)(A) by inserting ‘‘while under subparagraphs (B) and (C). tion 130;
ensuring that environmental protections are ‘‘(B) TOTAL AMOUNT.—The total amount for ‘‘(8) the predisaster mitigation program under
maintained’’ after ‘‘review process’’. the railway crossings program for all States section 124; and
shall be $245,000,000 for each of fiscal years 2022 ‘‘(9) the carbon pollution reduction program
SEC. 1104. APPORTIONMENT.
through 2025. under section 171.’’.
(a) IN GENERAL.—Section 104 of title 23, ‘‘(C) STATE SHARE.— (b) FEDERAL SHARE PAYABLE.—Section
United States Code, is amended— ‘‘(i) IN GENERAL.—For each fiscal year, the 120(c)(3) of title 23, United States Code, is
(1) in subsection (a)(1) by striking subpara- Secretary shall distribute among the States the amended—
graphs (A) through (E) and inserting the fol- amount for the railway crossings program under (1) in subparagraph (A) by striking ‘‘(5)(D),’’;
lowing: subparagraph (B) as follows: and
‘‘(A) $ 506,302,525 for fiscal year 2022; ‘‘(I) 50 percent of the amount for a fiscal year (2) in subparagraph (C)(i) by striking
‘‘(B) $ 509,708,000 for fiscal year 2023; shall be apportioned to States by the formula set ‘‘(5)(D),’’.
‘‘(C) $ 520,084,000 for fiscal year 2024; and forth in section 104(b)(3)(A) (as in effect on the (c) METROPOLITAN TRANSPORTATION PLAN-
‘‘(D) $ 530,459,000 for fiscal year 2025.’’; day before the date of enactment of MAP–21). NING; TITLE 23.—Section 134(p) of title 23,
(2) by striking subsections (b) and (c) and in- ‘‘(II) 50 percent of the amount for a fiscal United States Code, is amended by striking
serting the following: year shall be apportioned to States in the ratio ‘‘paragraphs (5)(D) and (6) of section 104(b)’’
‘‘(b) DIVISION AMONG PROGRAMS OF STATE’S that total public railway-highway crossings in and inserting ‘‘section 104(b)(6)’’.
SHARE OF APPORTIONMENT.—The Secretary shall each State bears to the total of such crossings in (d) STATEWIDE AND NONMETROPOLITAN TRANS-
distribute the amount apportioned to a State for all States. PORTATION PLANNING.—Section 135(i) of title 23,
a fiscal year under subsection (c) among the ‘‘(ii) MINIMUM APPORTIONMENT.—Notwith- United States Code, is amended by striking
covered programs as follows: standing clause (i), for each fiscal year, each ‘‘paragraphs (5)(D) and (6) of section 104(b)’’
‘‘(1) NATIONAL HIGHWAY PERFORMANCE PRO- State shall receive a minimum of one-half of 1 and inserting ‘‘section 104(b)(6)’’.
GRAM.—For the national highway performance percent of the total amount for the railway (e) METROPOLITAN TRANSPORTATION PLAN-
program, 55.09 percent of the amount remaining crossings program for such fiscal year under NING; TITLE 49.—Section 5303(p) of title 49,
after distributing amounts under paragraphs subparagraph (B). United States Code, is amended by striking ‘‘sec-
(4), (6), and (7). ‘‘(8) PREDISASTER MITIGATION PROGRAM.—For tion 104(b)(5)’’ and inserting ‘‘section 104(b)(6)’’.
‘‘(2) SURFACE TRANSPORTATION PROGRAM.— the predisaster mitigation program, 2.96 percent SEC. 1105. ADDITIONAL DEPOSITS INTO HIGHWAY
For the surface transportation program, 28.43 of the amount remaining after distributing TRUST FUND.
percent of the amount remaining after distrib- amounts under paragraphs (4), (6), and (7). Section 105 of title 23, United States Code, is
uting amounts under paragraphs (4), (6), and ‘‘(9) CARBON POLLUTION REDUCTION PRO- amended—
(7). GRAM.—For the carbon pollution reduction pro- (1) in subsection (a) by striking ‘‘FAST Act’’
‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO- gram, 3.95 percent of the amount remaining and inserting ‘‘INVEST in America Act’’;
GRAM.—For the highway safety improvement after distributing amounts under paragraphs (2) in subsection (c)—
program, 6.19 percent of the amount remaining (4), (6), and (7). (A) in paragraph (1)(A) by striking ‘‘to be ap-
after distributing amounts under paragraphs ‘‘(c) CALCULATION OF AMOUNTS.— propriated’’ each place it appears; and
(4), (6), and (7). ‘‘(1) STATE SHARE.—For each of fiscal years (B) by adding at the end the following:
‘‘(4) CONGESTION MITIGATION AND AIR QUALITY 2022 through 2025, the amount for each State ‘‘(4) SPECIAL RULE.—
IMPROVEMENT PROGRAM.— shall be determined as follows: ‘‘(A) ADJUSTMENT.—In making an adjustment
‘‘(A) IN GENERAL.—For the congestion mitiga- ‘‘(A) INITIAL AMOUNTS.—The initial amounts under paragraph (1) for an allocation, reserva-
tion and air quality improvement program, an for each State shall be determined by multi- tion, or set-aside from an amount authorized
amount determined for the State under subpara- plying— from the Highway Account or Mass Transit Ac-
graphs (B) and (C). ‘‘(i) the combined amount authorized for ap- count described in subparagraph (B), the Sec-
‘‘(B) TOTAL AMOUNT.—The total amount for propriation for the fiscal year for the covered retary shall—
the congestion mitigation and air quality im- programs; by ‘‘(i) determine the ratio that—
provement program for all States shall be— ‘‘(ii) the share for each State, which shall be ‘‘(I) the amount authorized to be appropriated
‘‘(i) $2,913,925,833 for fiscal year 2022; equal to the proportion that— for the allocation, reservation, or set-aside from
‘‘(ii) $2,964,919,535 for fiscal year 2023; ‘‘(I) the amount of apportionments that the the account for the fiscal year; bears to
‘‘(iii) $3,024,217,926 for fiscal year 2024; and State received for fiscal year 2020; bears to ‘‘(II) the total amount authorized to be appro-
‘‘(iv) $3,078,653,849 for fiscal year 2025. ‘‘(II) the amount of those apportionments re- priated for such fiscal year for all programs
‘‘(C) STATE SHARE.—For each fiscal year, the ceived by all States for fiscal year 2020. under such account;
Secretary shall distribute among the States the ‘‘(B) ADJUSTMENTS TO AMOUNTS.—The initial ‘‘(ii) multiply the ratio determined under
amount for the congestion mitigation and air amounts resulting from the calculation under clause (i) by the amount of the adjustment de-
quality improvement program under subpara- subparagraph (A) shall be adjusted to ensure termined under subsection (b)(1)(B); and
graph (B) so that each State receives an amount that each State receives an aggregate apportion- ‘‘(iii) adjust the amount that the Secretary
equal to the proportion that— ment equal to at least 95 percent of the esti- would have allocated for the allocation, reserva-
‘‘(i) the amount apportioned to the State for mated tax payments attributable to highway tion, or set-aside for such fiscal year but for this
the congestion mitigation and air quality im- users in the State paid into the Highway Trust section by the amount calculated under clause
provement program for fiscal year 2020; bears to Fund (other than the Mass Transit Account) in (ii).
dlhill on DSK120RN23PROD with HOUSE
‘‘(ii) the total amount of funds apportioned to the most recent fiscal year for which data are ‘‘(B) ALLOCATIONS, RESERVATIONS, AND SET-
all States for such program for fiscal year 2020. available. ASIDES.—The allocations, reservations, and set-
‘‘(5) NATIONAL HIGHWAY FREIGHT PROGRAM.— ‘‘(2) STATE APPORTIONMENT.—On October 1 of asides described in this subparagraph are—
For the national highway freight program, 3.38 fiscal years 2022 through 2025, the Secretary ‘‘(i) from the amount made available for a fis-
percent of the amount remaining after distrib- shall apportion the sums authorized to be ap- cal year for the Federal lands transportation
uting amounts under paragraphs (4), (6), and propriated for expenditure on the covered pro- program under section 203, the amounts allo-
(7). grams in accordance with paragraph (1).’’; cated for a fiscal year for the National Park
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2707
Service, the United States Fish and Wildlife ‘‘(I) less than 5,000 individuals; ensure that projects administered by subrecipi-
Service, and the United States Forest Service; ‘‘(II) 5,000 or more individuals but less than ents comply with the requirements of this title.
‘‘(ii) the amount made available for the Puer- 50,000 individuals; ‘‘(C) PERIODIC REVIEW.—The Secretary shall
to Rico highway program under section ‘‘(III) 50,000 or more individuals but less than review, not less frequently than every 2 years,
165(a)(1); 200,000 individuals; or the monitoring of subrecipients by the States.’’;
‘‘(iii) the amount made available for the terri- ‘‘(IV) 200,000 or more individuals; and
torial highway program under section 165(a)(2); ‘‘(vi) whether such project is located in an (B) by adding at the end the following:
‘‘(iv) from the amounts made available for a area of persistent poverty, as defined in section ‘‘(6) FEDERAL FUNDING EXCHANGE PRO-
fiscal year for the urbanized areas formula 172(l); GRAMS.—A State may implement a program
grants under section 5307 of title 49, the ‘‘(vii) the type of improvement being made by under which a subrecipient has the option to ex-
amounts allocated for a fiscal year for the pas- such project, including categorizing such project change Federal funds allocated to such sub-
senger ferry grant program under section as— recipient in accordance with the requirements of
5307(h) of such title; ‘‘(I) a road reconstruction project; this title for State or local funds if the State cer-
‘‘(v) from the amounts made available for a ‘‘(II) a new road construction project; tifies to the Secretary that the State has pre-
‘‘(III) a new bridge construction project; vailing wage and domestic content requirements
fiscal year for the formula grants for rural areas
‘‘(IV) a bridge rehabilitation project; or that are comparable to the requirements under
under section 5311 of such title, the amounts al-
‘‘(V) a bridge replacement project; and sections 113 and 313 and that such requirements
located for a fiscal year for public transpor- ‘‘(viii) the functional classification of the
tation on Indian reservations; shall apply to projects carried out using such
roadway on which such project is located.
‘‘(vi) from the amounts made available for a funds if such projects would have been subject
‘‘(B) INTERACTIVE MAP.—In addition to the
fiscal year for the public transportation innova- to the requirements of sections 113 and 313 if
data made available under subparagraph (A),
tion program under section 5312 of such title— such projects were carried out using Federal
the Secretary shall make available on the
‘‘(I) the amounts allocated for the zero emis- funds.’’;
website of the Department of Transportation an
sion vehicle component assessment under section (2) in subsection (h)(3)—
interactive map that displays, for each active
5312(h) of such title; and (A) in subparagraph (B) by striking ‘‘, as de-
project, the information described in clauses (i)
‘‘(II) the amounts allocated for the transit co- termined by the Secretary,’’; and
through (v) of subparagraph (A). (B) in subparagraph (D) by striking ‘‘shall as-
operative research program under section 5312(i) ‘‘(3) STATE DATA.—
of such title; sess’’ and inserting ‘‘in the case of a project pro-
‘‘(A) APPORTIONED AND ALLOCATED PRO-
‘‘(vii) from the amounts made available for a posed to be advanced as a public-private part-
GRAMS.—The website described in paragraph
fiscal year for the technical assistance and nership, shall include a detailed value for
(2)(A) shall be updated annually to display the
workforce development program of section 5314 money analysis or comparable analysis to deter-
Federal-aid highway funds apportioned and al-
of such title, the amounts allocated for the na- mine’’; and
located to each State under this title, includ-
tional transit institute under section 5314(c) of (3) by adding at the end the following:
ing—
such title; ‘‘(k) MEGAPROJECTS.—
‘‘(i) the amount of funding available for obli-
‘‘(viii) from the amounts made available for a ‘‘(1) COMPREHENSIVE RISK MANAGEMENT
gation by the State, including prior unobligated
fiscal year for the bus and bus facilities program PLAN.—To be authorized for the construction of
balances, at the start of the fiscal year;
under section 5339 of such title, the amounts al- a megaproject, the recipient of Federal financial
‘‘(ii) the amount of funding obligated by the
located for a fiscal year for the zero emission assistance under this title for such megaproject
State during such fiscal year;
grants under section 5339(c) of such title; shall submit to the Secretary a comprehensive
‘‘(iii) the amount of funding remaining avail-
‘‘(ix) the amounts made available for growing risk management plan that contains—
able for obligation by the State at the end of
States under section 5340(c) of such title; and ‘‘(A) a description of the process by which the
such fiscal year; and
‘‘(x) the amounts made available for high den- ‘‘(iv) changes in the obligated, unexpended recipient will identify, quantify, and monitor
sity states under section 5340(d) of such title.’’; balance for the State. the risks, including natural hazards, that might
(3) in subsection (d) by inserting ‘‘and section ‘‘(B) PROGRAMMATIC DATA.—The data de- result in cost overruns, project delays, reduced
5324 of title 49’’ after ‘‘section 125’’; scribed in subparagraph (A) shall include— construction quality, or reductions in benefits
(4) in subsection (e)— ‘‘(i) the amount of funding by each appor- with respect to the megaproject;
(A) by striking ‘‘There is authorized’’ and in- tioned and allocated program for which the ‘‘(B) examples of mechanisms the recipient
serting ‘‘For fiscal year 2022 and each fiscal State received funding under this title; will use to track risks identified pursuant to
year thereafter, there is authorized’’; and ‘‘(ii) the amount of funding transferred be- subparagraph (A);
tween programs by the State during the fiscal ‘‘(C) a plan to control such risks; and
(B) by striking ‘‘for any of fiscal years 2017
year using the authority provided under section ‘‘(D) such assurances as the Secretary deter-
through 2020’’; and
126; and mines appropriate that the recipient shall, with
(5) in subsection (f)(1) by striking ‘‘section
‘‘(iii) the amount and program category of respect to the megaproject—
1102 or 3018 of the FAST Act’’ and inserting
Federal funds exchanged as described in section ‘‘(i) regularly submit to the Secretary updated
‘‘any other provision of law’’.
106(g)(6). cost estimates; and
SEC. 1106. TRANSPARENCY. ‘‘(ii) maintain and regularly reassess financial
‘‘(4) DEFINITIONS.—In this subsection:
(a) APPORTIONMENT.—Section 104 of title 23, reserves for addressing known and unknown
‘‘(A) ACTIVE PROJECT.—
United States Code, is amended by striking sub- risks.
‘‘(i) IN GENERAL.—The term ‘active project’
section (g) and inserting the following: ‘‘(2) PEER REVIEW GROUP.—
means a Federal-aid highway project using
‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY ‘‘(A) IN GENERAL.—Not later than 90 days
funds made available under this title on which
AND ACCOUNTABILITY REPORTS.— after the date on which a megaproject is author-
those funds were obligated or expended during
‘‘(1) REQUIREMENT.— ized for construction, the recipient of Federal fi-
the fiscal year for which the estimated total cost
‘‘(A) IN GENERAL.—The Secretary shall com- nancial assistance under this title for such
as of the start of construction is greater than
pile data in accordance with this subsection on megaproject shall establish a peer review group
$5,000,000.
the use of Federal-aid highway funds made ‘‘(ii) EXCLUSION.—The term ‘active project’ for such megaproject that consists of at least 5
available under this title. does not include any project for which funds individuals (including at least 1 individual with
‘‘(B) USER FRIENDLY DATA.—The data com- are transferred to agencies other than the Fed- project management experience) to give expert
piled under subparagraph (A) shall be in a user eral Highway Administration. advice on the scientific, technical, and project
friendly format that can be searched, ‘‘(B) INTERACTIVE MAP.—The term ‘interactive management aspects of the megaproject.
downloaded, disaggregated, and filtered by data map’ means a map displayed on the public ‘‘(B) MEMBERSHIP.—
category. website of the Department of Transportation ‘‘(i) IN GENERAL.—Not later than 180 days
‘‘(2) PROJECT DATA.— that allows a user to select and view informa- after the date of enactment of this subsection,
‘‘(A) IN GENERAL.—Not later than 120 days tion for each active project, State, and congres- the Secretary shall establish guidelines describ-
after the end of each fiscal year, the Secretary sional district. ing how a recipient described in subparagraph
shall make available on the website of the De- ‘‘(C) STATE.—The term ‘State’ means any of (A) shall—
partment of Transportation a report that de- the 50 States or the District of Columbia.’’. ‘‘(I) recruit and select members for a peer re-
scribes— (b) PROJECT APPROVAL AND OVERSIGHT.—Sec- view group established under such subpara-
‘‘(i) the location of each active project within tion 106 of title 23, United States Code, is graph; and
each State during such fiscal year, including in amended— ‘‘(II) make publicly available the criteria for
which congressional district or districts such (1) in subsection (g)— such selection and identify the members so se-
project is located; (A) in paragraph (4) by striking subparagraph lected.
‘‘(ii) the total cost of such project; (B) and inserting the following: ‘‘(ii) CONFLICT OF INTEREST.—No member of a
dlhill on DSK120RN23PROD with HOUSE
‘‘(iii) the amount of Federal funding obligated ‘‘(B) ASSISTANCE TO STATES.—The Secretary peer review group for a megaproject may have a
for such project; shall— direct or indirect financial interest in such
‘‘(iv) the program or programs from which ‘‘(i) develop criteria for States to use to make megaproject.
Federal funds have been obligated for such the determination required under subparagraph ‘‘(C) TASKS.—A peer review group established
project; (A); and under subparagraph (A) by a recipient of Fed-
‘‘(v) whether such project is located in an ‘‘(ii) provide training, guidance, and other as- eral financial assistance for a megaproject
area of the State with a population of— sistance to States and subrecipients as needed to shall—
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H2708 CONGRESSIONAL RECORD — HOUSE June 30, 2020
‘‘(i) meet annually until completion of the ‘‘(D) a detailed explanation of the basis for ‘‘(A) be designed, constructed, operated, and
megaproject; each award proposed to be selected. maintained in accordance with State laws, regu-
‘‘(ii) not later than 90 days after the date of ‘‘(4) NOTIFICATION OF APPLICANTS.—Not later lations, directives, safety standards, design
the establishment of the peer review group and than 30 days after making a grant for a project standards, and construction standards; and
not later than 90 days after the date of any sig- under a covered program, the Secretary shall ‘‘(B) take into consideration context sensitive
nificant change, as determined by the Secretary, send to all applicants under such covered pro- design principles.
to the scope, schedule, or budget of the gram, and publish on the website of the Depart- ‘‘(2) DESIGN FLEXIBILITY.—
megaproject, review the scope, schedule, and ment of Transportation— ‘‘(A) IN GENERAL.—A local jurisdiction may
budget of the megaproject, including planning, ‘‘(A) a summary of each application made to deviate from the roadway design publication
engineering, financing, and any other elements the covered program for the given round of used by the State in which the local jurisdiction
determined appropriate by the Secretary; and funding; and is located for the design of a project on a road-
‘‘(iii) submit to the Secretary, Congress, and ‘‘(B) the evaluation and justification for the way (other than a highway on the National
such recipient a report on the findings of each project selection, including all ratings, Highway System) if—
rankings, scores, or similar metrics for applica- ‘‘(i) notification and justification of the devi-
review under clause (ii).
‘‘(3) TRANSPARENCY.—Not later than 90 days tions made to the covered program for the given ation is provided to the Secretary and the State;
after the submission of a report under para- round of funding during each phase of the and
‘‘(ii) the design complies with all other appli-
graph (2)(C)(iii), the Secretary shall publish on grant selection process.
cable Federal laws.
the website of the Department of Transportation ‘‘(5) BRIEFING.—The Secretary shall provide, ‘‘(B) STATE-OWNED ROADS.—In the case of a
such report. at the request of a grant applicant of a covered roadway under the ownership of the State, the
‘‘(4) MEGAPROJECT DEFINED.—In this sub- program, the opportunity to receive a briefing to local jurisdiction may only deviate from the
section, the term ‘megaproject’ means a project explain any reasons the grant applicant was not roadway design publication used by the State
under this title that has an estimated total cost awarded a grant. with the concurrence of the State.
of $2,000,000,000 or more, and such other projects ‘‘(6) TEMPLATE.—The Secretary shall, to the ‘‘(C) PROGRAMMATIC BASIS.—The Secretary
as may be identified by the Secretary. extent practicable, develop a template as de- may consider a deviation under this paragraph
‘‘(l) SPECIAL EXPERIMENTAL PROJECTS.— scribed in paragraph (2)(A) for any discre- on a programmatic basis.’’; and
‘‘(1) PUBLIC AVAILABILITY.—The Secretary tionary program administered by the Secretary (5) by adding at the end the following:
shall publish on the website of the Department that is not a covered program. ‘‘(s) CONTEXT SENSITIVE DESIGN.—
of Transportation a copy of all letters of inter- ‘‘(7) COVERED PROGRAM DEFINED.—The term ‘‘(1) CONTEXT SENSITIVE DESIGN PRINCIPLES.—
est, proposals, workplans, and reports related to ‘covered program’ means each of the following The Secretary shall collaborate with the Amer-
the special experimental project authority pur- discretionary grant programs: ican Association of State Highway Transpor-
suant to section 502(b). The Secretary shall re- ‘‘(A) Community climate innovation grants tation Officials to ensure that any roadway de-
dact confidential business information, as nec- under section 172. sign publications approved by the Secretary
essary, from any such information published. ‘‘(B) Electric vehicle charging and hydrogen under this section provide adequate flexibility
‘‘(2) NOTIFICATION AND OPPORTUNITY FOR fueling infrastructure grants under section for a project sponsor to select the appropriate
COMMENT.—Not later than 30 days before mak- 151(f). design of a roadway, consistent with context
ing a determination to proceed with an experi- ‘‘(C) Federal lands and tribal major projects sensitive design principles.
ment under a letter of interest described in para- grants under section 208. ‘‘(2) POLICIES OR PROCEDURES.—
graph (1), the Secretary shall provide notifica- ‘‘(D) Safe, efficient mobility through ad- ‘‘(A) IN GENERAL.—Not later than 1 year after
tion and an opportunity for public comment on vanced technologies grants under section the Secretary publishes the final guidance de-
the letter of interest and the Secretary’s pro- 503(c)(4).’’. scribed in paragraph (3), each State shall adopt
posed response. (c) DIVISION OFFICE CONSISTENCY.—Not later policies or procedures to evaluate the context of
‘‘(3) REPORT TO CONGRESS.—Not later than 2 than 1 year after the date of enactment of this a proposed roadway and select the appropriate
years after the date of enactment of the INVEST Act, the Comptroller General of the United design, consistent with context sensitive design
in America Act, the Secretary shall submit to the States shall submit to Congress a report that— principles.
Committee on Transportation and Infrastruc- (1) analyzes the consistency of determinations ‘‘(B) LOCAL GOVERNMENTS.—The Secretary
ture of the House of Representatives and the among division offices of the Federal Highway and States shall encourage local governments to
Committee on Environment and Public Works of Administration; and adopt policies or procedures described under
the Senate a report that includes— (2) makes recommendations to improve the subparagraph (A).
‘‘(A) a summary of each experiment described consistency of such determinations. ‘‘(C) CONSIDERATIONS.—The policies or proce-
in this subsection carried out over the previous SEC. 1107. COMPLETE AND CONTEXT SENSITIVE dures developed under this paragraph shall take
5 years; and STREET DESIGN. into consideration the guidance developed by
‘‘(B) legislative recommendations, if any, (a) STANDARDS.—Section 109 of title 23, United the Secretary under paragraph (3).
based on the findings of such experiments. States Code, is amended— ‘‘(3) GUIDANCE.—
(1) in subsection (a)— ‘‘(A) IN GENERAL.—
‘‘(m) COMPETITIVE GRANT PROGRAM OVER-
‘‘(i) NOTICE.—Not later than 1 year after the
SIGHT AND ACCOUNTABILITY.— (A) in paragraph (1) by striking ‘‘planned fu-
date of enactment of this subsection, the Sec-
‘‘(1) IN GENERAL.—To ensure the account- ture traffic of the highway in a manner that is
retary shall publish guidance on the official
ability and oversight of the discretionary grant conducive to’’ and inserting ‘‘future operational
website of the Department of Transportation on
selection process administered by the Secretary, performance of the facility in a manner that en-
context sensitive design.
a covered program shall be subject to the re- hances’’; and ‘‘(ii) PUBLIC REVIEW AND COMMENT.—The
quirements of this section, in addition to the re- (B) in paragraph (2) by inserting ‘‘, taking guidance described in this paragraph shall be fi-
quirements applicable to each covered program. into consideration context sensitive design prin- nalized following an opportunity for public re-
‘‘(2) APPLICATION PROCESS.—The Secretary ciples’’ after ‘‘each locality’’; view and comment.
shall— (2) in subsection (b)— ‘‘(iii) UPDATE.—The Secretary shall periodi-
‘‘(A) develop a template for applicants to use (A) by striking ‘‘The geometric’’ and inserting cally update the guidance described in this
to summarize— ‘‘DESIGN CRITERIA FOR THE INTERSTATE SYS- paragraph, including the model policies or pro-
‘‘(i) project needs and benefits; and TEM.—The geometric’’; and
cedures described under subparagraph (B)(v).
‘‘(ii) any factors, requirements, or consider- (B) by striking ‘‘the types and volumes of traf- ‘‘(B) REQUIREMENTS.—The guidance described
ations established for the applicable covered fic anticipated for such project for the twenty- in this paragraph shall—
program; year period commencing on the date of approval ‘‘(i) provide best practices for States, metro-
‘‘(B) create a data driven process to evaluate, by the Secretary, under section 106 of this title, politan planning organizations, regional trans-
as set forth in the covered program, each eligible of the plans, specifications, and estimates for portation planning organizations, local govern-
project for which an application is received; and actual construction of such project’’ and insert- ments, or other project sponsors to carry out
‘‘(C) make a determination, based on the eval- ing ‘‘the existing and future operational per- context sensitive design principles;
uation made pursuant to subparagraph (B), on formance of the facility’’; ‘‘(ii) identify opportunities to modify plan-
any ratings, rankings, scores, or similar metrics (3) in subsection (c)(1)— ning, scoping, design, and development proce-
for applications made to the covered program. (A) in subparagraph (C) by striking ‘‘; and’’ dures to more effectively combine modes of
‘‘(3) NOTIFICATION OF CONGRESS.—Not less and inserting a semicolon; transportation into integrated facilities that
than 15 days before making a grant for a cov- (B) in subparagraph (D) by striking the period meet the needs of each of such modes of trans-
ered program, the Secretary shall notify, in and inserting ‘‘; and’’; and portation in an appropriate balance;
writing, the Committee on Transportation and (C) by adding at the end the following: ‘‘(iii) identify metrics to assess the context of
Infrastructure of the House of Representatives ‘‘(E) context sensitive design principles.’’; the facility, including surrounding land use or
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and the Committee on the Environment and (4) by striking subsection (o) and inserting the roadside characteristics;
Public Works of the Senate of— following: ‘‘(iv) assess the expected operational and safe-
‘‘(A) the amount for each project proposed to ‘‘(o) COMPLIANCE WITH STATE LAWS FOR NON- ty performance of alternative approaches to fa-
be selected; NHS PROJECTS.— cility design; and
‘‘(B) a description of the review process; ‘‘(1) IN GENERAL.—Projects (other than high- ‘‘(v) taking into consideration the findings of
‘‘(C) for each application, the determination way projects on the National Highway System) this guidance, establish model policies or proce-
made under paragraph (2)(C); and shall— dures for a State or other project sponsor to
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2709
evaluate the context of a proposed facility and SEC. 1110. TOLLING. ‘‘(C) AGREEMENT CONDITIONS.—Prior to enter-
select the appropriate facility design for the (a) TOLL ROADS, BRIDGES, TUNNELS, AND FER- ing into an agreement to toll under subpara-
context. RIES.—Section 129 of title 23, United States graph (B), the public authority shall certify to
‘‘(C) TOPICS OF EMPHASIS.—In publishing the Code, is amended— the Secretary that—
guidance described in this paragraph, the Sec- (1) in subsection (a)— ‘‘(i) the public authority has established pro-
retary shall emphasize— (A) by striking paragraph (1) and inserting cedures to ensure the toll meets the purposes
‘‘(i) procedures for identifying the needs of the following: and requirements of this subsection;
users of all ages and abilities of a particular ‘‘(1) IN GENERAL.— ‘‘(ii) the facility shall provide for access at no
roadway; ‘‘(A) AUTHORIZATION.—Subject to the provi- cost to public transportation vehicles and over-
‘‘(ii) procedures for identifying the types and sions of this section, Federal participation shall the-road buses serving the public; and
designs of facilities needed to serve various be permitted on the same basis and in the same ‘‘(iii) the facility shall provide for the regional
modes of transportation; manner as construction of toll-free highways is interoperability of electronic toll collection, in-
‘‘(iii) safety and other benefits provided by permitted under this chapter in the— cluding through technologies or business prac-
carrying out context sensitive design principles; ‘‘(i) initial construction of a toll highway, tices.
‘‘(iv) common barriers to carrying out context bridge, or tunnel or approach to the highway, ‘‘(D) CONSIDERATION OF IMPACTS.—
sensitive design principles; bridge, or tunnel; ‘‘(i) IN GENERAL.—Prior to entering into an
‘‘(v) procedures for overcoming the most com- ‘‘(ii) initial construction of 1 or more lanes or agreement to toll under subparagraph (B), the
mon barriers to carrying out context sensitive other improvements that increase capacity of a Secretary shall ensure the public authority has
design principles; highway, bridge, or tunnel (other than a high- adequately considered, including by providing
‘‘(vi) procedures for identifying the costs asso- way on the Interstate System) and conversion of an opportunity for public comment, the fol-
ciated with carrying out context sensitive design that highway, bridge, or tunnel to a tolled facil- lowing factors within the corridor:
principles; ity, if the number of toll-free lanes, excluding ‘‘(I) Congestion impacts on both the toll facil-
‘‘(vii) procedures for maximizing local co- auxiliary lanes, after the construction is not less ity and in the corridor or cordon (including ad-
operation in the introduction of context sen- than the number of toll-free lanes, excluding jacent toll-free facilities).
sitive design principles and carrying out those auxiliary lanes, before the construction; ‘‘(II) In the case of a non-attainment or main-
principles; and ‘‘(iii) initial construction of 1 or more lanes or tenance area, air quality impacts.
‘‘(viii) procedures for assessing and modifying other improvements that increase the capacity ‘‘(III) Planned investments to improve public
the facilities and operational characteristics of of a highway, bridge, or tunnel on the Inter- transportation or other non-tolled alternatives
existing roadways to improve consistency with state System and conversion of that highway, in the corridor.
context sensitive design principles. bridge, or tunnel to a tolled facility, if the num- ‘‘(IV) Environmental justice and equity im-
‘‘(4) FUNDING.—Amounts made available ber of toll-free non-HOV lanes, excluding auxil- pacts.
under sections 104(b)(6) and 505 of this title may ‘‘(V) Impacts on freight movement.
iary lanes, after such construction is not less
‘‘(VI) Economic impacts on businesses.
be used for States, local governments, metropoli- than the number of toll-free non-HOV lanes, ex- ‘‘(ii) CONSIDERATION IN ENVIRONMENTAL RE-
tan planning organizations, or regional trans- cluding auxiliary lanes, before such construc- VIEW.—Nothing in this subparagraph shall limit
portation planning organizations to adopt poli- tion; a public authority from meeting the require-
cies or procedures to evaluate the context of a ‘‘(iv) reconstruction, resurfacing, restoration, ments of this subparagraph through the envi-
proposed roadway and select the appropriate rehabilitation, or replacement of a toll highway, ronmental review process, as applicable.
design, consistent with context sensitive design bridge, or tunnel or approach to the highway, ‘‘(E) CONGESTION PRICING.—
principles.’’. bridge, or tunnel; ‘‘(i) IN GENERAL.—The Secretary may author-
(b) CONFORMING AMENDMENT.—Section 1404(b) ‘‘(v) reconstruction or replacement of a toll- ize conversion of a non-tolled lane on the Na-
of the FAST Act (23 U.S.C. 109 note) is repealed. free bridge or tunnel and conversion of the tional Highway System to a toll facility to uti-
SEC. 1108. INNOVATIVE PROJECT DELIVERY FED- bridge or tunnel to a toll facility; lize pricing to manage the demand to use the fa-
ERAL SHARE. ‘‘(vi) reconstruction of a toll-free Federal-aid cility by varying the toll amount that is
(a) IN GENERAL.—Section 120(c)(3)(B) of title highway (other than a highway on the Inter- charged.
23, United States Code, is amended— state System) and conversion of the highway to ‘‘(ii) REQUIREMENT.—Prior to entering into an
(1) by striking clauses (i) and (ii) and insert- a toll facility; agreement to convert a non-tolled lane on the
ing the following: ‘‘(vii) reconstruction, restoration, or rehabili- National Highway System to a toll facility, the
‘‘(i) prefabricated bridge elements and sys- tation of a highway on the Interstate System if Secretary shall ensure (in addition to the re-
tems, innovative materials, and other tech- the number of toll-free non-HOV lanes, exclud- quirements under subparagraphs (B), (C), and
nologies to reduce bridge construction time, ex- ing auxiliary lanes, after reconstruction, res- (D)) that such toll facility and the planned in-
tend service life, and reduce preservation costs, toration, or rehabilitation is not less than the vestments to improve public transportation or
as compared to conventionally designed and number of toll-free non-HOV lanes, excluding other non-tolled alternatives in the corridor are
constructed bridges; auxiliary lanes, before reconstruction, restora- reasonably expected to improve the operation of
‘‘(ii) innovative construction equipment, mate- tion, or rehabilitation; the cordon or corridor, as described in clauses
rials, techniques, or practices, including the use ‘‘(viii) conversion of a high occupancy vehicle (iii) and (iv).
of in-place recycling technology, digital 3-di- lane on a highway, bridge, or tunnel to a toll ‘‘(iii) PERFORMANCE MONITORING.—A public
mensional modeling technologies, and advanced facility, subject to the requirements of section authority that enters into an agreement to con-
digital construction management systems;’’; 166; and vert a non-tolled lane to a toll facility under
(2) by redesignating clause (vi) as clause (vii); ‘‘(ix) preliminary studies to determine the fea- this subparagraph shall—
(3) in clause (v) by striking ‘‘or’’ at the end; sibility of a toll facility for which Federal par- ‘‘(I) establish, monitor, and support a per-
and ticipation is authorized under this paragraph. formance monitoring, evaluation, and reporting
(4) by inserting after clause (v) the following: ‘‘(B) AGREEMENT TO TOLL.— program—
‘‘(vi) innovative pavement materials that dem- ‘‘(i) IN GENERAL.—Before the Secretary may ‘‘(aa) for the toll facility that provides for
onstrate reductions in greenhouse gas emissions authorize tolling under this subsection, the pub- continuous monitoring, assessment, and report-
through sequestration or innovative manufac- lic authority with jurisdiction over a highway, ing on the impacts that the pricing structure
turing processes; or’’. bridge, or tunnel shall enter into an agreement may have on the operation of the facility; and
(b) TECHNICAL AMENDMENT.—Section 107(a)(2) with the Secretary to ensure compliance with ‘‘(bb) for the corridor or cordon that provides
of title 23, United States Code, is amended by the requirements of this subsection. for continuous monitoring, assessment, and re-
striking ‘‘subsection (c) of’’. ‘‘(ii) APPLICABILITY.— porting on the impacts of congestion pricing on
SEC. 1109. TRANSFERABILITY OF FEDERAL-AID ‘‘(I) IN GENERAL.—The requirements of this the operation of the corridor or cordon;
HIGHWAY FUNDS. subparagraph shall apply to— ‘‘(II) submit to the Secretary annual reports of
Section 126(b) of title 23, United States Code, ‘‘(aa) Federal participation under subpara- the impacts described in subclause (I); and
is amended— graph (A); ‘‘(III) if the facility or the corridor or cordon
(1) in the heading by inserting ‘‘AND PRO- ‘‘(bb) any prior Federal participation in the becomes degraded, as described in clause (iv),
GRAMS’’ after ‘‘SET-ASIDES’’; facility proposed to be tolled; and submit to the Secretary an annual update that
(2) in paragraph (1) by striking ‘‘and ‘‘(cc) conversion, with or without Federal par- describes the actions proposed to bring the toll
133(d)(1)(A)’’ and inserting ‘‘, 130, 133(d)(1)(A), ticipation, of a non-tolled lane on the National facility into compliance and the progress made
133(h), 149, and 171’’; and Highway System to a toll facility under sub- on such actions.
(3) by striking paragraph (2) and inserting the paragraph (E). ‘‘(iv) DETERMINATION.—
following: ‘‘(II) HOV FACILITY.—Except as otherwise ‘‘(I) DEGRADED OPERATION.—For purposes of
‘‘(2) ENVIRONMENTAL PROGRAMS.—With re- provided in this subsection or section 166, the clause (iii)(III), the operation of a toll facility
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spect to an apportionment under either para- provisions of this paragraph shall not apply to shall be considered to be degraded if vehicles op-
graph (4) or paragraph (9) of section 104(b), and a high occupancy vehicle facility. erating on the facility are failing to maintain a
notwithstanding paragraph (1), a State may ‘‘(iii) MAJOR FEDERAL ACTION.—Approval by minimum average operating speed 90 percent of
only transfer not more than 50 percent from the the Secretary of an agreement to toll under this the time over a consecutive 180-day period dur-
amount of the apportionment of either such paragraph shall be considered a major Federal ing peak hour periods.
paragraph to the apportionment under the other action under the National Environmental Policy ‘‘(II) DEGRADED CORRIDOR OR CORDON.—For
such paragraph in a fiscal year.’’. Act of 1969 (42 U.S.C. 4321 et seq.). the purposes of clause (iii)(III), a corridor or
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H2710 CONGRESSIONAL RECORD — HOUSE June 30, 2020
cordon shall be considered to be degraded if con- surplus revenue and may be used for any other (c) VALUE PRICING PILOT PROGRAM.—Section
gestion pricing or investments to improve public purpose for which Federal funds may be obli- 1012(b) of the Intermodal Surface Transpor-
transportation or other non-tolled alternatives gated by a State under this title or chapter 53 of tation Efficiency Act of 1991 (23 U.S.C. 149 note)
have not resulted in— title 49.’’; is amended by adding at the end the following:
‘‘(aa) an increase in person or freight (ii) by striking subparagraph (B) and insert- ‘‘(9) SUNSET.—The Secretary may not consider
throughput in the corridor or cordon; or ing the following: an expression of interest submitted under this
‘‘(bb) a reduction in person hours of delay in ‘‘(B) TRANSPARENCY.— section after the date of enactment of this para-
the corridor or cordon, as determined by the ‘‘(i) ANNUAL AUDIT.— graph.’’.
Secretary. ‘‘(I) IN GENERAL.—A public authority with ju- (d) SAVINGS CLAUSE.—
‘‘(III) DEFINITION OF MINIMUM AVERAGE OPER- risdiction over a toll facility shall conduct or (1) APPLICATION OF LIMITATIONS.—Any toll fa-
ATING SPEED.—In this subparagraph, the term have an independent auditor conduct an an- cility described in paragraph (2) shall be subject
‘minimum average operating speed’ means— nual audit of toll facility records to verify ade- to the requirements of section 129(a)(3) of title
‘‘(aa) 35 miles per hour, in the case of a toll quate maintenance and compliance with sub- 23, United States Code, as in effect on the day
facility with a speed limit of 45 miles per hour paragraph (A), and report the results of the au- before the date of enactment of this Act.
or greater; and dits to the Secretary. (2) TOLL FACILITIES.—A toll facility described
‘‘(bb) not more than 10 miles per hour below ‘‘(II) RECORDS.—On reasonable notice, the in this paragraph is a facility that, on the day
the speed limit, in the case of a toll facility with public authority shall make all records of the prior to the date of enactment of this Act, was—
a speed limit of less than 50 miles per hour. public authority pertaining to the toll facility (A) operating;
‘‘(v) MAINTENANCE OF OPERATING PERFORM- available for audit by the Secretary. (B) in the planning and design phase; or
ANCE.— ‘‘(ii) USE OF REVENUES.—A State or public au- (C) in the construction phase.
‘‘(I) IN GENERAL.—Not later than 180 days thority that obligates amounts under clauses (e) REPORT.—Not later than 180 days after the
after the date on which a facility or a corridor (v), (vi), or (vii) of subparagraph (A) shall an- date of enactment of this Act, the Secretary of
or cordon becomes degraded under clause (iv), nually report to the Secretary a list of activities Transportation shall submit to Congress a re-
the public authority with jurisdiction over the funded with such amounts and the amount of port on the implementation of the interoper-
facility shall submit to the Secretary for ap- funding provided for each such activity.’’; ability of toll collection as required under sec-
proval a plan that details the actions the public (C) in paragraph (8) by striking ‘‘as of the tion 1512(b) of MAP–21, including an assessment
authority will take to make significant progress date of enactment of the MAP–21, before com- of the progress in, and barriers on, such imple-
toward bringing the facility or corridor or cor- mencing any activity authorized’’ and inserting mentation.
don into compliance with this subparagraph. ‘‘, before commencing any activity authorized’’; SEC. 1111. HOV FACILITIES.
‘‘(II) NOTICE OF APPROVAL OR DISAPPROVAL.— (D) in paragraph (9)— Section 166 of title 23, United States Code, is
Not later than 60 days after the date of receipt (i) by striking ‘‘bus’’ and inserting ‘‘vehicle’’; amended—
of a plan under subclause (I), the Secretary and (1) in subsection (b)—
shall provide to the public authority a written (ii) by striking ‘‘buses’’ and inserting ‘‘vehi- (A) in paragraph (4)(C)(iii) by striking ‘‘trans-
notice indicating whether the Secretary has ap- cles’’; and portation buses’’ and inserting ‘‘transportation
proved or disapproved the plan based on a de- (E) by striking paragraph (10) and inserting vehicles’’; and
termination of whether the implementation of the following: (B) in paragraph (5)(B) by striking ‘‘2019’’
the plan will make significant progress toward ‘‘(10) INTEROPERABILITY OF ELECTRONIC TOLL and inserting ‘‘2025’’;
bringing the facility or corridor or cordon into COLLECTION.—All toll facilities on Federal-aid (2) in subsection (d)(2)(A)(i) by striking ‘‘45
compliance with this subparagraph. highways shall provide for the regional inter- miles per hour, in the case of a HOV facility
‘‘(III) UPDATE.—Until the date on which the operability of electronic toll collection, including with a speed of 50 miles per hour or greater’’
Secretary determines that the public authority through technologies or business practices. and inserting ‘‘35 miles per hour, in the case of
has brought the facility or corridor or cordon ‘‘(11) NONCOMPLIANCE.—If the Secretary con- a HOV facility with a speed limit of 45 miles per
into compliance with this subparagraph, the cludes that a public authority has not complied hour or greater’’;
public authority shall submit annual updates with the requirements of this subsection, the (3) in subsection (d)(2)(B) by striking ‘‘morn-
that describe— Secretary may require the public authority to ing or evening weekday peak hour periods (or
‘‘(aa) the actions taken to bring the facility discontinue collecting tolls until the public au- both)’’ and inserting ‘‘peak hour periods’’;
into compliance; thority and the Secretary enter into an agree- (4) in subsection (e)—
ment for the public authority to achieve compli- (A) by striking ‘‘Not later than 180 days after
‘‘(bb) the actions taken to bring the corridor
ance with such requirements. the date of enactment of this section, the Ad-
or cordon into compliance; and
‘‘(cc) the progress made by those actions. ‘‘(12) DEFINITIONS.—In this subsection, the ministrator’’ and inserting ‘‘The Adminis-
‘‘(IV) COMPLIANCE.—If a public authority following definitions apply: trator’’;
‘‘(A) FEDERAL PARTICIPATION.—The term (B) in paragraph (1) by striking ‘‘and’’ at the
fails to bring a facility into compliance under
‘Federal participation’ means the use of funds end;
this subparagraph, the Secretary may subject
(C) in paragraph (2) by striking the period at
the public authority to appropriate program made available under this title.
the end and inserting ‘‘; and’’; and
sanctions under section 1.36 of title 23, Code of ‘‘(B) HIGH OCCUPANCY VEHICLE; HOV.—The
(D) by adding at the end the following:
Federal Regulations (or successor regulations), term ‘high occupancy vehicle’ or ‘HOV’ means a ‘‘(3) not later than 180 days after the date of
until the performance is no longer degraded. vehicle with not fewer than 2 occupants. enactment of the INVEST in America Act, up-
‘‘(vi) CONSULTATION OF MPO.—If a toll facility ‘‘(C) INITIAL CONSTRUCTION.—
date the requirements established under para-
authorized under this subparagraph is located ‘‘(i) IN GENERAL.—The term ‘initial construc-
graph (1).’’; and
on the National Highway System and in a met- tion’ means the construction of a highway, (5) in subsection (f)—
ropolitan planning area established in accord- bridge, tunnel, or other facility at any time be- (A) in paragraph (1)—
ance with section 134, the public authority shall fore it is open to traffic. (i) by striking subparagraphs (C), (D), and
consult with the metropolitan planning organi- ‘‘(ii) EXCLUSIONS.—The term ‘initial construc- (F); and
zation for the area. tion’ does not include any improvement to a (ii) by redesignating subparagraphs (E), (G),
‘‘(vii) INCLUSION.—For the purposes of this highway, bridge, tunnel, or other facility after (H), and (I) as subparagraphs (C), (D), (E), and
paragraph, the corridor or cordon shall include it is open to traffic. (F), respectively; and
toll-free facilities that are adjacent to the toll ‘‘(D) OVER-THE-ROAD BUS.—The term ‘over- (B) in paragraph (6)(B)(i) by striking ‘‘public
facility.’’; the-road bus’ has the meaning given the term in entity’’ and inserting ‘‘public transportation
(B) in paragraph (3)— section 301 of the Americans with Disabilities service that is a recipient or subrecipient of
(i) in subparagraph (A)— Act of 1990 (42 U.S.C. 12181). funds under chapter 53 of title 49’’.
(I) in clause (iv) by striking ‘‘and’’ at the end; ‘‘(E) PUBLIC AUTHORITY.—The term ‘public SEC. 1112. BUY AMERICA.
and authority’ means a State, interstate compact of (a) IN GENERAL.—Section 313 of title 23,
(II) by striking clause (v) and inserting the States, or public entity designated by a State. United States Code, is amended—
following: ‘‘(F) PUBLIC TRANSPORTATION VEHICLE.—The (1) in subsection (a)—
‘‘(v) any project eligible under this title or term ‘public transportation vehicle’ has the (A) by striking ‘‘Notwithstanding’’ and insert-
chapter 53 of title 49 that improves the operation meaning given that term in section 166. ing ‘‘IN GENERAL.—Notwithstanding’’;
of the corridor or cordon by increasing person or ‘‘(G) TOLL FACILITY.—The term ‘toll facility’ (B) by striking ‘‘Secretary of Transportation’’
freight throughput and reducing person hours means a toll highway, bridge, or tunnel or ap- and inserting ‘‘Secretary’’;
of delay; proach to the highway, bridge, or tunnel con- (C) by striking ‘‘the Surface Transportation
‘‘(vi) toll discounts or rebates for users of the structed or authorized to be tolled under this Assistance Act of 1982 (96 Stat. 2097) or’’; and
toll facility that have no reasonable alternative subsection.’’. (D) by striking ‘‘and manufactured products’’
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transportation method to the toll facility; and (b) REPEAL OF INTERSTATE SYSTEM RECON- and inserting ‘‘manufactured products, and
‘‘(vii) if the public authority certifies annu- STRUCTION AND REHABILITATION PILOT PRO- construction materials’’;
ally that the tolled facility is being adequately GRAM.—Section 1216 of the Transportation Eq- (2) in subsection (b) by inserting ‘‘DETERMINA-
maintained and the cordon or corridor is not de- uity Act for the 21st Century (23 U.S.C. 129 TION.—’’ before ‘‘The provisions’’;
graded under paragraph (1)(E), any revenues note), and the item related to such section in the (3) in subsection (c) by striking ‘‘For pur-
remaining after funding the activities described table of contents in section 1(b) of such Act, are poses’’ and inserting ‘‘CALCULATION.—For pur-
in clauses (i) through (vi) shall be considered repealed. poses’’;
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2711
(4) in subsection (d)— struction work, in the same manner that recipi- standards or is recognized in corrosion manage-
(A) by striking ‘‘The Secretary of Transpor- ents of assistance under chapter 1 of such title ment transportation structures by the Depart-
tation’’ and inserting ‘‘REQUIREMENTS.—The are required to comply with such subsection for ment of Transportation, for the purposes of con-
Secretary’’; and construction work performed on highway trolling, mitigating and preventing corrosion, or
(B) by striking ‘‘the Surface Transportation projects on Federal-aid highways. a program registered under the Act of August
Assistance Act of 1982 (96 Stat. 2097) or’’; and (b) TREATMENT OF CERTAIN PROJECTS.—The 16, 1937 (29 U.S.C. 50 et seq.) (commonly known
(5) by adding at the end the following: Secretary shall apply the requirements of sec- as the ‘‘National Apprenticeship Act’’) that
‘‘(h) WAIVER PROCEDURE.— tion 1306(l) of this Act and sections 117(k), meets the requirements of parts 29 and 30 of title
‘‘(1) IN GENERAL.—Not later than 120 days 172(j), and 173(k) of title 23, United States Code, 29, Code of Federal Regulations, as in effect on
after the submission of a request for a waiver, to a project funded with a grant under such sec- January 1, 2020.
the Secretary shall make a determination under tions. (b) APPLICABLE BRIDGE PROJECTS.—
paragraph (1) or (2) of subsection (b) as to SEC. 1114. STATE ASSUMPTION OF RESPONSI- (1) QUALITY CONTROL.—A certified contractor
whether subsection (a) shall apply. BILITY FOR CATEGORICAL EXCLU- shall carry out aspects of an applicable bridge
‘‘(2) PUBLIC NOTIFICATION AND COMMENT.— SIONS. project described in paragraph (2).
‘‘(A) IN GENERAL.—Not later than 30 days be- Section 326(c)(3) of title 23, United States (2) ASPECTS OF APPLICABLE BRIDGE
fore making a determination regarding a waiver Code, is amended— PROJECTS.—Aspects of an applicable bridge
described in paragraph (1), the Secretary shall (1) by striking subparagraph (A) and inserting project referred to in paragraph (1) include—
provide notification and an opportunity for the following: (A) surface preparation or coating application
public comment on the request for such waiver. ‘‘(A) except as provided under subparagraph on steel or rebar of an applicable bridge project;
‘‘(B) NOTIFICATION REQUIREMENTS.—The noti- (C), have a term of not more than 3 years;’’; (B) removal of a lead-based or other haz-
fication required under subparagraph (A) (2) in subparagraph (B) by striking the period ardous coating from steel of an existing applica-
shall— at the end and inserting ‘‘; and’’; and ble bridge project;
‘‘(i) describe whether the application is being (3) by adding at the end the following: (C) shop painting of structural steel or rebar
made for a determination described in sub- ‘‘(C) for any State that has assumed the re- fabricated for installation on an applicable
section (b)(1); and sponsibility for categorical exclusions under this bridge project; and
‘‘(ii) be provided to the public by electronic section for at least 10 years, have a term of 5 (D) the design, application, installation and
means, including on the public website of the years.’’. maintenance of a cathodic protection system on
Department of Transportation. SEC. 1115. SURFACE TRANSPORTATION PROJECT an applicable bridge project.
‘‘(3) DETERMINATION.—Before a determination DELIVERY PROGRAM WRITTEN (3) CORROSION MANAGEMENT SYSTEM.—A State
described in paragraph (1) takes effect, the Sec- AGREEMENTS. transportation department shall—
retary shall publish a detailed justification for Section 327 of title 23, United States Code, is (A) implement a corrosion management system
such determination that addresses all public amended— that utilizes industry-recognized standards and
comments received under paragraph (2)— (1) in subsection (c)— corrosion mitigation and prevention methods to
‘‘(A) on the public website of the Department (A) by striking paragraph (5) and inserting address—
of Transportation; and the following: (i) surface preparation;
‘‘(B) if the Secretary issues a waiver with re- ‘‘(5) except as provided under paragraph (7), (ii) protective coatings;
spect to such determination, in the Federal Reg- have a term of not more than 5 years;’’; (iii) materials selection;
ister. (B) in paragraph (6) by striking the period at (iv) cathodic protection;
‘‘(i) REVIEW OF NATIONWIDE WAIVERS.— the end and inserting ‘‘; and’’; and (v) corrosion engineering;
‘‘(1) IN GENERAL.—Not later than 1 year after (C) by adding at the end the following: (vi) personnel training; and
the date of enactment of this subsection, and at ‘‘(7) for any State that has participated in a (vii) best practices in environmental protection
least every 5 years thereafter, the Secretary program under this section (or under a prede- to prevent environmental degradation and up-
shall review any standing nationwide waiver cessor program) for at least 10 years, have a hold public health;
issued by the Secretary under this section to en- term of 10 years.’’; (B) require certified contractors that employ
sure such waiver remains justified. (2) in subsection (g)(1)— appropriately trained and certified coating ap-
‘‘(2) PUBLIC NOTIFICATION AND OPPORTUNITY (A) in subparagraph (C) by striking ‘‘an- plicators to carry out aspects of applicable
FOR COMMENT.— nual’’; bridge projects as described in paragraph (2);
‘‘(A) IN GENERAL.—Not later than 30 days be- (B) in subparagraph (B) by striking ‘‘and’’ at and
fore the completion of a review under paragraph the end; (C) use certified cathodic protection profes-
(1), the Secretary shall provide notification and (C) by redesignating subparagraph (C) as sub- sionals for all aspects of applicable bridge
an opportunity for public comment on such re- paragraph (D); and projects that require knowledge of the design,
view. (D) by inserting after subparagraph (B) the installation, monitoring, or maintenance of a
‘‘(B) MEANS OF NOTIFICATION.—Notification following: cathodic protection system.
provided under this subparagraph shall be pro- ‘‘(C) in the case of an agreement period of (c) TRAINING PROGRAM.—As a condition of en-
vided by electronic means, including on the pub- greater than 5 years under subsection (c)(7), tering into a contract for an applicable bridge
lic website of the Department of Transportation. conduct an audit covering the first 5 years of project, each certified contractor shall provide
‘‘(3) DETAILED JUSTIFICATION IN FEDERAL REG- the agreement period; and’’; and training, through a qualified training program,
ISTER.—After the completion of a review under (3) by adding at the end the following: for each applicable craft or trade classification
paragraph (1), the Secretary shall publish in the ‘‘(m) AGENCY DEEMED TO BE FEDERAL AGEN- of employees that the certified contractor in-
Federal Register a detailed justification for the CY.—A State agency that is assigned a responsi- tends to employ to carry out aspects of applica-
determination made under paragraph (1) that bility under an agreement under this section ble bridge projects as described in subsection
addresses all public comments received under shall be deemed to be a Federal agency for the (b)(2).
paragraph (2). purposes of all Federal laws pursuant to which SEC. 1117. SENSE OF CONGRESS.
‘‘(j) REPORT.—Not later than 120 days after the responsibility is exercised.’’. It is the sense of Congress that—
the last day of each fiscal year, the Secretary SEC. 1116. CORROSION PREVENTION FOR (1) States should utilize life-cycle cost analysis
shall submit to the Committee on Transportation BRIDGES. to evaluate the total economic cost of a trans-
and Infrastructure of the House of Representa- (a) DEFINITIONS.—In this section: portation project over its expected lifetime; and
tives, the Committee on Appropriations of the (1) APPLICABLE BRIDGE PROJECTS.—The term (2) data indicating that future repair costs as-
House of Representatives, the Committee on En- ‘‘applicable bridge projects’’ means a project for sociated with a transportation project fre-
vironment and Public Works of the Senate, and construction, alteration, or maintenance work, quently total more than half of the initial cost
the Committee on Appropriations of the Senate other than de minimus maintenance or repair of the project, and that conducting life-cycle
a report on the waivers provided under sub- work as determined by the applicable State de- cost analysis prior to construction will help
section (h) during the previous fiscal year and partment of transportation, on a bridge or over- States identify the most cost-effective option,
the justifications for such waivers.’’. pass structure funded under title 23, United improve their economic performance, and lower
(b) SAFETEA–LU TECHNICAL CORRECTIONS States Code. the total cost of building and maintaining the
ACT OF 2008.—Section 117 of the SAFETEA–LU (2) CERTIFIED CONTRACTOR.—The term ‘‘cer- project.
Technical Corrections Act of 2008 (23 U.S.C. 313 tified contractor’’ means a contracting or sub- Subtitle B—Programmatic Infrastructure
note) is repealed. contracting firm that has been certified by a Investment
SEC. 1113. FEDERAL-AID HIGHWAY PROJECT RE- third party organization that evaluates the ca- SEC. 1201. NATIONAL HIGHWAY PERFORMANCE
QUIREMENTS. pability of the contractor or subcontractor to PROGRAM.
(a) IN GENERAL.—Except as otherwise pro- properly perform one or more specified aspects Section 119 of title 23, United States Code, is
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vided in subsection (b), notwithstanding any of applicable bridge projects as defined in sub- amended—
other provision of law, the Secretary shall re- section (b)(2). (1) by striking subsection (b) and inserting the
quire recipients of assistance under title 23, (3) QUALIFIED TRAINING PROGRAM.—The term following:
United States Code, and title I of division B this ‘‘qualified training program’’ means a training ‘‘(b) PURPOSES.—The purposes of the national
Act and the amendments made by this Act to program in corrosion control, mitigation and highway performance program shall be—
comply with subsection (a) of section 113 of title prevention, that is either offered or accredited ‘‘(1) to provide support for the condition and
23, United States Code, with respect to all con- by an organization that sets industry corrosion performance of the National Highway System,
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H2712 CONGRESSIONAL RECORD — HOUSE June 30, 2020
consistent with the asset management plans of (4) by adding at the end the following: ‘‘(B) reduce the risk of disruption to a surface
States; ‘‘(k) BENEFIT-COST ANALYSIS.—In carrying transportation infrastructure asset considered
‘‘(2) to support progress toward the achieve- out subsection (d)(3)(B)(ii), the Secretary shall critical to support population centers, freight
ment of performance targets of States estab- establish a process for analyzing the cost and movement, economic activity, evacuation, recov-
lished under section 150; benefits of projects under such subsection, en- ery, or national security functions; and
‘‘(3) to increase the resilience of Federal-aid suring that— ‘‘(C) ease disruptions to vulnerable, at-risk, or
highways and bridges; and ‘‘(1) the benefit-cost analysis includes a cal- transit-dependant populations.
‘‘(4) to provide support for the construction of culation of all the benefits addressed in the per- ‘‘(c) GUIDANCE.—The Secretary shall provide
new facilities on the National Highway System, formance measures established under section guidance to States to assist with the implemen-
consistent with subsection (d)(3).’’; 150; tation of paragraphs (2) and (3) of subsection
(2) in subsection (d)— ‘‘(2) the benefit-cost analysis includes a con- (b).
(A) in paragraph (1)(A) by striking ‘‘or freight sideration of the total maintenance cost of an ‘‘(d) DEFINITIONS.—In this section:
movement on the National Highway System’’ asset over the lifecycle of the asset; and ‘‘(1) COVERED EVENT.—The term ‘covered
and inserting ‘‘freight movement, environmental ‘‘(3) the State demonstrates that any transpor- event’ means a climate change effect (including
sustainability, transportation system access, or tation demand modeling used to calculate the sea level rise), an extreme event, seismic activ-
combating climate change’’; benefit-cost analysis has a documented record of ity, or any other natural disaster (including a
(B) in paragraph (1)(B) by striking ‘‘and’’ at accuracy.’’. wildfire or landslide).
the end; SEC. 1202. INCREASING THE RESILIENCE OF ‘‘(2) SURFACE TRANSPORTATION INFRASTRUC-
(C) in paragraph (2)— TRANSPORTATION ASSETS. TURE ASSET.—The term ‘surface transportation
(i) in subparagraph (G)—
(I) in clause (i) by inserting ‘‘and’’ at the end; (a) PREDISASTER MITIGATION PROGRAM.— infrastructure asset’ means a facility eligible for
(II) in clause (ii) by striking ‘‘; and’’ and in- (1) IN GENERAL.—Chapter 1 of title 23, United assistance under this title or chapter 53 of title
serting a period; and States Code, is amended by inserting after sec- 49.’’.
(III) by striking clause (iii); tion 123 the following: (2) CONFORMING AMENDMENT.—The analysis
(ii) in subparagraph (I) by inserting ‘‘, includ- ‘‘§ 124. Predisaster mitigation program for chapter 1 of title 23, United States Code, is
ing the installation of safety barriers and nets amended by inserting after the item relating to
‘‘(a) ESTABLISHMENT.—The Secretary shall es-
on bridges on the National Highway System’’ section 123 the following:
tablish and implement a predisaster mitigation
after ‘‘National Highway System’’; and program to enhance the resilience of the trans- ‘‘124. Predisaster mitigation program.’’.
(iii) by adding at the end the following: portation system of the United States, mitigate (b) METROPOLITAN TRANSPORTATION PLAN-
‘‘(Q) Projects on or off the National Highway the impacts of covered events, and ensure the ef- NING.—
System to reduce greenhouse gas emissions that ficient use of Federal resources. (1) AMENDMENTS TO TITLE 23.—
are eligible under section 171, including the in- ‘‘(b) ELIGIBLE ACTIVITIES.— (A) CLIMATE CHANGE AND RESILIENCE.—Sec-
stallation of electric vehicle charging infrastruc- ‘‘(1) IN GENERAL.—Subject to paragraph (2), tion 134(i)(2) of title 23, United States Code, is
ture. funds apportioned to the State under section amended by adding at the end the following:
‘‘(R) Projects on or off the National Highway 104(b)(8) may be obligated for construction ac- ‘‘(I) CLIMATE CHANGE AND RESILIENCE.—
System to enhance resilience of a transportation tivities, including construction of natural infra- ‘‘(i) IN GENERAL.—The transportation plan-
facility, including protective features. structure or protective features, and the devel- ning process shall assess strategies to reduce the
‘‘(S) Projects and strategies to reduce vehicle- opment of such projects and programs that help climate change impacts of the surface transpor-
caused wildlife mortality related to, or to restore agencies to— tation system and conduct a vulnerability as-
and maintain connectivity among terrestrial or ‘‘(A) increase the resilience of a surface trans- sessment to identify opportunities to enhance
aquatic habitats affected by, a transportation portation infrastructure asset to withstand a the resilience of the surface transportation sys-
facility otherwise eligible for assistance under covered event; tem and ensure the efficient use of Federal re-
this section. ‘‘(B) relocate or provide a reasonable alter- sources.
‘‘(T) Projects on or off the National Highway ‘‘(ii) CLIMATE CHANGE MITIGATION AND IM-
native to a repeatedly damaged facility;
System to improve an evacuation route eligible ‘‘(C) for an evacuation route identified in the PACTS.—A long-range transportation plan
under section 124(b)(1)(C). vulnerability assessment required under section shall—
‘‘(U) Undergrounding public utilities in the ‘‘(I) identify investments and strategies to re-
134(i)(2)(I)(iii) or section 135(f)(10)(C)—
course of other infrastructure improvements eli- duce transportation-related sources of green-
‘‘(i) improve the capacity or operation of such
gible under this section to mitigate the cost of house gas emissions per capita;
evacuation route through—
recurring damages from extreme weather events, ‘‘(II) identify investments and strategies to
‘‘(I) communications and intelligent transpor-
wildfire or other natural disasters.’’; and manage transportation demand and increase the
tation system equipment and infrastructure;
(D) by adding at the end the following: rates of public transportation ridership, walk-
‘‘(II) counterflow measures; and
‘‘(3) a project that is otherwise eligible under ing, bicycling, and carpools; and
‘‘(III) shoulders; and
this subsection to construct new capacity for ‘‘(III) recommend zoning and other land use
‘‘(ii) relocate such evacuation route or provide
single occupancy passenger vehicles only if the policies that would support infill, transit-ori-
a reasonable alternative to such evacuation
State— ented development, and mixed use development.
‘‘(A) has demonstrated progress in achieving a route to address the risk of a covered event; and
‘‘(D) recover from incidents that significantly ‘‘(iii) VULNERABILITY ASSESSMENT.—A long-
state of good repair, as defined in the State’s
disrupt a regions transportation system includ- range transportation plan shall incorporate a
asset management plan, on the National High-
ing— vulnerability assessment that—
way System;
‘‘(i) predisaster training programs that help ‘‘(I) includes a risk-based assessment of
‘‘(B) demonstrates that the project—
agencies and regional stakeholders plan for and vulnerabilities of critical transportation assets
‘‘(i) supports the achievement of performance
prepare multimodal recovery efforts; and and systems to covered events (as such term is
targets of the State established under section
‘‘(ii) the establishment of regional wide defined in section 124);
150; and
‘‘(ii) is more cost effective, as determined by telework training and programs. ‘‘(II) considers, as applicable, the risk man-
benefit-cost analysis, than— ‘‘(2) INFRASTRUCTURE RESILIENCE AND ADAPTA- agement analysis in the State’s asset manage-
‘‘(I) an operational improvement to the facil- TION.—No funds shall be obligated to a project ment plan developed pursuant to section 119,
ity or corridor; under this section unless the project meets each and the State’s evaluation of reasonable alter-
‘‘(II) the construction of a transit project eli- of the following criteria: natives to repeatedly damaged facilities con-
gible for assistance under chapter 53 of title 49; ‘‘(A) The project is designed to ensure resil- ducted under part 667 of title 23, Code of Fed-
or ience over the anticipated service life of the sur- eral Regulations;
‘‘(III) the construction of a non-single occu- face transportation infrastructure asset. ‘‘(III) identifies evacuation routes, assesses
pancy passenger vehicle project that improves ‘‘(B) The project is identified in the metropoli- the ability of any such routes to provide safe
freight movement; and tan or statewide transportation improvement passage for evacuation and emergency response
‘‘(C) has a public plan for maintaining and program as a project to address resilience during an emergency event, and identifies any
operating the new asset while continuing its vulnerabilities, consistent with section improvements or redundant facilities necessary
progress in achieving a state of good repair 134(j)(3)(E) or 135(g)(5)(B)(iii). to adequately facilitate safe passage;
under subparagraph (A).’’; ‘‘(C) For a project in a flood-prone area, the ‘‘(IV) describes the metropolitan planning or-
(3) in subsection (e)— project sponsor considers hydrologic and hy- ganization’s adaptation and resilience improve-
(A) in the heading by inserting ‘‘ASSET AND’’ draulic data and methods that integrate current ment strategies that will inform the transpor-
after ‘‘STATE’’; and projected changes in flooding based on cli- tation investment decisions of the metropolitan
(B) in paragraph (4)(D) by striking ‘‘anal- mate science over the anticipated service life of planning organization; and
dlhill on DSK120RN23PROD with HOUSE
ysis’’ and inserting ‘‘analyses, both of which the surface transportation infrastructure asset ‘‘(V) is consistent with and complementary of
shall take into consideration climate change ad- and future forecasted land use changes. the State and local mitigation plans required
aptation and resilience;’’; and ‘‘(3) PRIORITIZATION OF PROJECTS.—A State under section 322 of the Robert T. Stafford Dis-
(C) in paragraph (8) by striking ‘‘Not later shall develop a process to prioritize projects aster Relief and Emergency Assistance Act (42
than 18 months after the date of enactment of under this section based on the degree to which U.S.C. 5165).
the MAP–21, the Secretary’’ and inserting ‘‘The the proposed project would— ‘‘(iv) CONSULTATION.—The assessment de-
Secretary’’; and ‘‘(A) be cost effective; scribed in this subparagraph shall be developed
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2713
in consultation with, as appropriate, State, (1) AMENDMENTS TO TITLE 23.— ‘‘(ii) identify investments and strategies to
local, and Tribal officials responsible for land (A) CLIMATE CHANGE AND RESILIENCE.—Sec- manage transportation demand and increase the
use, housing, resilience, hazard mitigation, and tion 135(f) of title 23, United States Code, is rates of public transportation ridership, walk-
emergency management.’’. amended by adding at the end the following: ing, bicycling, and carpools; and
(B) RESILIENCE PROJECTS.—Section 134(j)(3) of ‘‘(10) CLIMATE CHANGE AND RESILIENCE.— ‘‘(iii) recommend zoning and other land use
title 23, United States Code, is amended by add- ‘‘(A) IN GENERAL.—The transportation plan- policies that would support infill, transit-ori-
ing at the end the following: ning process shall assess strategies to reduce the ented development, and mixed use development.
‘‘(E) RESILIENCE PROJECTS.—The TIP shall— climate change impacts of the surface transpor- ‘‘(C) VULNERABILITY ASSESSMENT.—A long-
‘‘(i) identify projects that address the tation system and conduct a vulnerability as- range transportation plan shall incorporate a
vulnerabilities identified by the assessment in sessment to identify opportunities to enhance vulnerability assessment that—
subsection (i)(2)(I)(iii); and the resilience of the surface transportation sys- ‘‘(i) includes a risk-based assessment of
‘‘(ii) describe how each project identified tem and ensure the efficient use of Federal re- vulnerabilities of critical transportation assets
under clause (i) would improve the resilience of sources. and systems to covered events (as such term is
the transportation system.’’. ‘‘(B) CLIMATE CHANGE MITIGATION AND IM- defined in section 124 of title 23);
(2) AMENDMENTS TO TITLE 49.— PACTS.—A long-range transportation plan ‘‘(ii) considers, as applicable, the risk manage-
(A) CLIMATE CHANGE AND RESILIENCE.—Sec- shall— ment analysis in the State’s asset management
tion 5303(i)(2) of title 49, United States Code, is ‘‘(i) identify investments and strategies to re- plan developed pursuant to section 119 of title
amended by adding at the end the following: duce transportation-related sources of green- 23, and the State’s evaluation of reasonable al-
‘‘(I) CLIMATE CHANGE AND RESILIENCE.— house gas emissions per capita; ternatives to repeatedly damaged facilities con-
‘‘(i) IN GENERAL.—The transportation plan- ‘‘(ii) identify investments and strategies to
ducted under part 667 of title 23, Code of Fed-
ning process shall assess strategies to reduce the manage transportation demand and increase the
eral Regulations;
climate change impacts of the surface transpor- rates of public transportation ridership, walk-
‘‘(iii) identifies evacuation routes, assesses the
tation system and conduct a vulnerability as- ing, bicycling, and carpools; and
ability of any such routes to provide safe pas-
sessment to identify opportunities to enhance ‘‘(iii) recommend zoning and other land use
sage for evacuation and emergency response
the resilience of the surface transportation sys- policies that would support infill, transit-ori-
during an emergency event, and identifies any
tem and ensure the efficient use of Federal re- ented development, and mixed use development.
‘‘(C) VULNERABILITY ASSESSMENT.—A long- improvements or redundant facilities necessary
sources. to adequately facilitate safe passage;
‘‘(ii) CLIMATE CHANGE MITIGATION AND IM- range transportation plan shall incorporate a
vulnerability assessment that— ‘‘(iv) describes the State’s adaptation and re-
PACTS.—A long-range transportation plan silience improvement strategies that will inform
shall— ‘‘(i) includes a risk-based assessment of
vulnerabilities of critical transportation assets the transportation investment decisions of the
‘‘(I) identify investments and strategies to re- State; and
duce transportation-related sources of green- and systems to covered events (as such term is
defined in section 124); ‘‘(v) is consistent with and complementary of
house gas emissions per capita; the State and local mitigation plans required
‘‘(II) identify investments and strategies to ‘‘(ii) considers, as applicable, the risk manage-
ment analysis in the State’s asset management under section 322 of the Robert T. Stafford Dis-
manage transportation demand and increase the aster Relief and Emergency Assistance Act (42
rates of public transportation ridership, walk- plan developed pursuant to section 119, and the
State’s evaluation of reasonable alternatives to U.S.C. 5165).
ing, bicycling, and carpools; and ‘‘(D) CONSULTATION.—The assessment de-
‘‘(III) recommend zoning and other land use repeatedly damaged facilities conducted under
part 667 of title 23, Code of Federal Regulations; scribed in this subparagraph shall be developed
policies that would support infill, transit-ori-
‘‘(iii) identifies evacuation routes, assesses the in consultation with, as appropriate, State,
ented development, and mixed use development.
ability of any such routes to provide safe pas- local, and Tribal officials responsible for land
‘‘(iii) VULNERABILITY ASSESSMENT.—A long-
sage for evacuation and emergency response use, housing, resilience, hazard mitigation, and
range transportation plan shall incorporate a
during an emergency event, and identifies any emergency management.’’.
vulnerability assessment that—
improvements or redundant facilities necessary (B) RESILIENCE PROJECTS.—Section
‘‘(I) includes a risk-based assessment of
to adequately facilitate safe passage; 5304(g)(5)(B) of title 49, United States Code, is
vulnerabilities of critical transportation assets
‘‘(iv) describes the States’s adaptation and re- amended by adding at the end the following:
and systems to covered events (as such term is
silience improvement strategies that will inform ‘‘(iii) RESILIENCE PROJECTS.—The STIP shall—
defined in section 124 of title 23);
the transportation investment decisions of the ‘‘(I) identify projects that address the
‘‘(II) considers, as applicable, the risk man-
State; and vulnerabilities identified by the assessment in
agement analysis in the State’s asset manage-
‘‘(v) is consistent with and complementary of subsection (i)(10)(B); and
ment plan developed pursuant to section 119 of
the State and local mitigation plans required ‘‘(II) describe how each project identified
title 23, and the State’s evaluation of reasonable
under section 322 of the Robert T. Stafford Dis- under subclause (I) would improve the resilience
alternatives to repeatedly damaged facilities
aster Relief and Emergency Assistance Act (42 of the transportation system.’’.
conducted under part 667 of title 23, Code of
U.S.C. 5165). SEC. 1203. EMERGENCY RELIEF.
Federal Regulations;
‘‘(D) CONSULTATION.—The assessment de- (a) IN GENERAL.—Section 125 of title 23,
‘‘(III) identifies evacuation routes, assesses
scribed in this subparagraph shall be developed United States Code, is amended—
the ability of any such routes to provide safe
in consultation with, as appropriate, State, (1) in subsection (a)(1) by inserting ‘‘wild-
passage for evacuation and emergency response
local, and Tribal officials responsible for land fire,’’ after ‘‘severe storm,’’;
during an emergency event, and identifies any
use, housing, resilience, hazard mitigation, and (2) by striking subsection (b);
improvements or redundant facilities necessary
emergency management.’’. (3) in subsection (c)(2)(A) by striking ‘‘in any
to adequately facilitate safe passage; (B) RESILIENCE PROJECTS.—Section
‘‘(IV) describes the metropolitan planning or- 1 fiscal year commencing after September 30,
135(g)(5)(B) of title 23, United States Code, is 1980,’’ and inserting ‘‘in any fiscal year’’;
ganization’s adaptation and resilience improve-
amended by adding at the end the following: (4) in subsection (d)—
ment strategies that will inform the transpor- ‘‘(iii) RESILIENCE PROJECTS.—The STIP shall—
tation investment decisions of the metropolitan (A) in paragraph (3)(C) by striking ‘‘sub-
‘‘(I) identify projects that address the
planning organization; and section (e)(1)’’ and inserting ‘‘subsection (g)’’;
vulnerabilities identified by the assessment in
‘‘(V) is consistent with and complementary of (B) by redesignating paragraph (3) as para-
subsection (i)(10)(B); and
the State and local mitigation plans required ‘‘(II) describe how each project identified graph (4); and
under section 322 of the Robert T. Stafford Dis- under subclause (I) would improve the resilience (C) by striking paragraphs (1) and (2) and in-
aster Relief and Emergency Assistance Act (42 of the transportation system.’’. serting the following:
U.S.C. 5165). (2) AMENDMENTS TO TITLE 49.— ‘‘(1) IN GENERAL.—The Secretary may expend
‘‘(iv) CONSULTATION.—The assessment de- (A) CLIMATE CHANGE AND RESILIENCE.—Sec- funds from the emergency fund authorized by
scribed in this subparagraph shall be developed tion 5304(f) of title 49, United States Code, is this section only for the repair or reconstruction
in consultation, as appropriate, with State, amended by adding at the end the following: of highways on Federal-aid highways in accord-
local, and Tribal officials responsible for land ‘‘(10) CLIMATE CHANGE AND RESILIENCE.— ance with this chapter.
use, housing, resilience, hazard mitigation, and ‘‘(A) IN GENERAL.—The transportation plan- ‘‘(2) RESTRICTIONS.—
emergency management.’’. ning process shall assess strategies to reduce the ‘‘(A) IN GENERAL.—No funds shall be ex-
(B) RESILIENCE PROJECTS.—Section 5303(j)(3) climate change impacts of the surface transpor- pended from the emergency fund authorized by
of title 49, United States Code, is amended by tation system and conduct a vulnerability as- this section unless—
adding at the end the following: sessment to identify opportunities to enhance ‘‘(i) an emergency has been declared by the
‘‘(E) RESILIENCE PROJECTS.—The TIP shall— the resilience of the surface transportation sys- Governor of the State with concurrence by the
‘‘(i) identify projects that address the tem and ensure the efficient use of Federal re- Secretary, unless the President has declared the
dlhill on DSK120RN23PROD with HOUSE
vulnerabilities identified by the assessment in sources. emergency to be a major disaster for the pur-
subsection (i)(2)(I)(iii); and ‘‘(B) CLIMATE CHANGE MITIGATION AND IM- poses of the Robert T. Stafford Disaster Relief
‘‘(ii) describe how each project identified PACTS.—A long-range transportation plan and Emergency Assistance Act (42 U.S.C. 5121 et
under clause (i) would improve the resilience of shall— seq.) for which concurrence of the Secretary is
the transportation system.’’. ‘‘(i) identify investments and strategies to re- not required; and
(c) STATEWIDE AND NONMETROPOLITAN PLAN- duce transportation-related sources of green- ‘‘(ii) the Secretary has received an application
NING.— house gas emissions per capita; from the State transportation department that
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H2714 CONGRESSIONAL RECORD — HOUSE June 30, 2020
includes a comprehensive list of all eligible ‘‘(3) ELIGIBLE ACTIVITIES.—Amounts made 23, United States Code, is amended by striking
project sites and repair costs by not later than available under this subsection shall be used for ‘‘section 125(e)’’ and inserting ‘‘section 125(g)’’.
2 years after the natural disaster or catastrophic protective features or other hazard mitigation (2) TRIBAL TRANSPORTATION PROGRAM.—Sec-
failure. activities that— tion 202(b)(6)(A) of title 23, United States Code,
‘‘(B) COST LIMITATION.—The total cost of a ‘‘(A) the Secretary determines are cost effec- is amended by striking ‘‘section 125(e)’’ and in-
project funded under this section may not ex- tive and that reduce the risk of, or increase the serting ‘‘section 125(d)’’.
ceed the cost of repair or reconstruction of a resilience to, future damage to existing assets as (c) REPEAL.—Section 668.105(h) of title 23,
comparable facility unless the Secretary deter- a result of natural disasters; and Code of Federal Regulations, is repealed.
mines that the project incorporates economically ‘‘(B) are eligible under section 124. SEC. 1204. RAILWAY CROSSINGS.
justified betterments, including protective fea- ‘‘(4) REPORT.—The Secretary shall submit to (a) IN GENERAL.—Section 130 of title 23,
tures to increase the resilience of the facility. the Committee on Transportation and Infra- United States Code, is amended—
‘‘(3) SPECIAL RULE FOR BRIDGE PROJECTS.—In structure of the House of Representatives and (1) in the section heading by striking ‘‘Rail-
no case shall funds be used under this section the Committee on Environment and Public way-highway crossings’’ and inserting ‘‘Rail-
for the repair or reconstruction of a bridge— Works of the Senate an annual report detail- way crossings’’;
‘‘(A) that has been permanently closed to all ing— (2) in subsection (a)—
vehicular traffic by the State or responsible ‘‘(A) a description of the activities carried out (A) by striking ‘‘Subject to section 120 and
local official because of imminent danger of col- under the pilot program; subsection (b) of this section, the entire’’ and in-
lapse due to a structural deficiency or physical ‘‘(B) an evaluation of the effectiveness of the serting ‘‘IN GENERAL.—The’’;
deterioration; or pilot program in meeting purposes descried in (B) by striking ‘‘then the entire’’ and insert-
‘‘(B) if a construction phase of a replacement paragraph (1); ing ‘‘the’’; and
structure is included in the approved statewide ‘‘(C) policy recommendations to improve the (C) by striking ‘‘, subject to section 120 and
transportation improvement program at the time effectiveness of the pilot program. subsection (b) of this section,’’;
of an event described in subsection (a).’’; ‘‘(5) SUNSET.—The authority provided under (3) by amending subsection (b) to read as fol-
(5) in subsection (e)— this subsection shall terminate on October 1, lows:
(A) by striking paragraph (1); 2025. ‘‘(b) CLASSIFICATION.—
(B) in paragraph (2) by striking ‘‘subsection ‘‘(i) IMPROVING THE EMERGENCY RELIEF PRO- ‘‘(1) IN GENERAL.—The construction of
(d)(1)’’ and inserting ‘‘subsection (c)(1)’’; and GRAM.—Not later than 90 days after the date of
projects for the elimination of hazards at rail-
(C) by redesignating paragraphs (2) and (3), enactment of the INVEST in America Act, the way crossings represents a benefit to the rail-
as amended, as paragraphs (1) and (2), respec- Secretary shall— road. The Secretary shall classify the various
tively; ‘‘(1) revise the emergency relief manual of the types of projects involved in the elimination of
(6) by redesignating subsections (c) through Federal Highway Administration— hazards of railway-highway crossings, and
(g), as amended, as subsections (b) through (f), ‘‘(A) to include and reflect the definition of shall set for each such classification a percent-
respectively; and the term ‘resilience’ (as defined in section age of the total project cost that represent the
(7) by adding at the end the following: 101(a)); benefit to the railroad or railroads for the pur-
‘‘(g) IMPOSITION OF DEADLINE.— ‘‘(B) to identify procedures that States may pose of determining the railroad’s share of the
‘‘(1) IN GENERAL.—Notwithstanding any other use to incorporate resilience into emergency re- total project cost. The Secretary shall determine
provision of law, the Secretary may not require lief projects; and the appropriate classification of each project.
any project funded under this section to ad- ‘‘(C) to encourage the use of context sensitive ‘‘(2) NONCASH CONTRIBUTIONS.—
vance to the construction obligation stage before ‘‘(A) IN GENERAL.—Not more than 5 percent of
design principles and consideration of access for
the date that is the last day of the sixth fiscal the cost share described in paragraph (1) may be
moderate- and low-income families impacted by
year after the later of— attributable to noncash contributions of mate-
a declared disaster;
‘‘(A) the date on which the Governor declared rials and labor furnished by the railroad in con-
‘‘(2) develop best practices for improving the
the emergency, as described in subsection nection with the construction of such project.
use of resilience in—
(d)(2)(A)(i); or ‘‘(B) REQUIREMENT.—The requirements under
‘‘(A) the emergency relief program under sec-
‘‘(B) the date on which the President declared section 200.306 and 200.403(g) of title 2, Code of
tion 125; and
the emergency to be a major disaster, as de- Federal Regulations (or successor regulations),
‘‘(B) emergency relief efforts;
scribed in such subsection. shall apply to any noncash contributions under
‘‘(3) provide to division offices of the Federal
‘‘(2) EXTENSION OF DEADLINE.—If the Sec- this subsection.
Highway Administration and State departments
retary imposes a deadline for advancement to ‘‘(3) TOTAL PROJECT COST.—For the purposes
of transportation information on the best prac-
the construction obligation stage pursuant to of this subsection, the determination of the rail-
tices developed under paragraph (2); and
paragraph (1), the Secretary may, upon the re- road’s share of the total project cost shall in-
‘‘(4) develop and implement a process to
quest of the Governor of the State, issue an ex- clude environment, design, right-of-way, utility
track—
tension of not more than 1 year to complete such accommodation, and construction phases of the
‘‘(A) the consideration of resilience as part of
advancement, and may issue additional exten- project.’’;
the emergency relief program under section 125;
(4) in subsection (c)—
sions after the expiration of any extension, if and (A) by striking ‘‘Any railroad involved’’ and
the Secretary determines the Governor of the ‘‘(B) the costs of emergency relief projects. inserting ‘‘BENEFIT.—Any railroad involved’’;
State has provided suitable justification to war- ‘‘(j) DEFINITIONS.—In this section: (B) by striking ‘‘the net benefit’’ and inserting
rant such an extension. ‘‘(1) COMPARABLE FACILITY.—The term ‘com- ‘‘the cost associated with the benefit’’; and
‘‘(h) HAZARD MITIGATION PILOT PROGRAM.— parable facility’ means a facility that meets the (C) by striking ‘‘Such payment may consist in
‘‘(1) IN GENERAL.—The Secretary shall estab- current geometric and construction standards whole or in part of materials and labor fur-
lish a hazard mitigation pilot program for the required for the types and volume of traffic that nished by the railroad in connection with the
purpose of mitigating future hazards posed to the facility will carry over its design life. construction of such project.’’;
Federal-aid highways. ‘‘(2) CONSTRUCTION PHASE.—The term ‘con- (5) by striking subsection (e) and inserting the
‘‘(2) DISTRIBUTION OF FUNDS.— struction phase’ means the phase of physical following:
‘‘(A) AUTHORIZATION OF APPROPRIATIONS.— construction of a highway or bridge facility that ‘‘(e) RAILWAY CROSSINGS.—
There is authorized to be appropriated such is separate from any other identified phases, ‘‘(1) ELIGIBLE ACTIVITIES.—Funds apportioned
sums as may be necessary for the pilot program such as planning, design, or right-of-way to a State under section 104(b)(7) may be obli-
established under this subsection. phases, in the State transportation improvement gated for the following:
‘‘(B) CALCULATION.—Every 6 months, the Sec- program. ‘‘(A) The elimination of hazards at railway-
retary shall calculate the total amount of out- ‘‘(3) OPEN TO PUBLIC TRAVEL.—The term ‘open highway crossings, including technology or pro-
standing eligible repair costs under the emer- to public travel’ means with respect to a road, tective upgrades.
gency relief program under this section, includ- that, except during scheduled periods, extreme ‘‘(B) Construction (including installation and
ing the emergency relief backlog, for each State, weather conditions, or emergencies, the road— replacement) of protective devices at railway-
territory, Tribal government, or other eligible ‘‘(A) is maintained; highway crossings.
entity. ‘‘(B) is open to the general public; and ‘‘(C) Infrastructure and noninfrastructure
‘‘(C) DISTRIBUTION.—Any amounts made ‘‘(C) can accommodate travel by a standard projects and strategies to prevent or reduce sui-
available under this subsection shall be distrib- passenger vehicle, without restrictive gates or cide or trespasser fatalities and injuries along
uted to each State, territory, Tribal government, prohibitive signs or regulations, other than for railroad rights-of-way and at or near railway-
or other eligible entity based on— general traffic control or restrictions based on highway crossings.
‘‘(i) the ratio of the total amount of out- size, weight, or class of registration. ‘‘(D) Projects to mitigate any degradation in
standing eligible repair costs as described under ‘‘(4) STANDARD PASSENGER VEHICLE.—The term the level of access from a highway-grade cross-
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subparagraph (B); bears to ‘standard passenger vehicle’ means a vehicle ing closure.
‘‘(ii) the total amounts appropriated for the with 6 inches of clearance from the lowest point ‘‘(E) Bicycle and pedestrian railway grade
purposes described in this subsection. of the frame, body, suspension, or differential to crossing improvements, including underpasses
‘‘(D) LIMITATION.—The distribution described the ground.’’. and overpasses.
under subparagraph (C) shall not exceed 5 per- (b) CONFORMING AMENDMENTS.— ‘‘(F) Projects eligible under section 22907(c)(5)
cent of the amount described in subparagraph (1) FEDERAL LANDS AND TRIBAL TRANSPOR- of title 49, provided that amounts obligated
(B). TATION PROGRAMS.—Section 201(c)(8)(A) of title under this subparagraph—
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2715
‘‘(i) shall be administered by the Secretary in (d) SENSE OF CONGRESS RELATING TO TRES- ‘‘(3) LOCAL COORDINATION AND CONSULTA-
accordance with such section as if such amounts PASSER DEATHS ALONG RAILROAD RIGHTS-OF- TION.—
were made available to carry out such section; WAY.—It is the sense of Congress that the De- ‘‘(A) COORDINATION WITH METROPOLITAN
and partment of Transportation should, where fea- PLANNING ORGANIZATIONS.—For purposes of
‘‘(ii) may be used to pay up to 90 percent of sible, coordinate departmental efforts to prevent paragraph (1)(A)(ii), a State shall—
the non-Federal share of the cost of a project or reduce trespasser deaths along railroad ‘‘(i) establish a process to coordinate with all
carried out under such section. rights-of-way and at or near railway-highway metropolitan planning organizations in the
‘‘(2) SPECIAL RULE.—If a State demonstrates crossings. State that represent an urbanized area described
to the satisfaction of the Secretary that the SEC. 1205. SURFACE TRANSPORTATION PRO- in such paragraph; and
State has met all its needs for installation of GRAM. ‘‘(ii) describe how funds described under para-
protective devices at railway-highway crossings, (a) IN GENERAL.—Section 133 of title 23, graph (1)(A)(ii) will be allocated equitably
the State may use funds made available by this United States Code, is amended— among such urbanized areas during the period
section for other highway safety improvement (1) in the heading by striking ‘‘block grant’’; of fiscal years 2022 through 2025.
program purposes.’’; (2) in subsection (a) by striking ‘‘block grant’’; ‘‘(B) JOINT RESPONSIBILITY.—Each State and
(6) by striking subsection (f) and inserting the (3) in subsection (b)— the Secretary shall jointly ensure compliance
following: (A) by striking ‘‘block grant’’; with subparagraph (A).
‘‘(f) FEDERAL SHARE.—Notwithstanding sec- (B) in paragraph (4) by striking ‘‘railway- ‘‘(C) CONSULTATION WITH REGIONAL TRANS-
tion 120, the Federal share payable on account highway grade crossings’’ and inserting PORTATION PLANNING ORGANIZATIONS.—For pur-
of any project financed with funds made avail- ‘‘projects eligible under section 130 and installa- poses of clauses (iii) and (iv) of paragraph
able to carry out subsection (e) shall be up to 90 tion of safety barriers and nets on bridges’’; (1)(A), before obligating funding attributed to
percent of the cost thereof.’’; (C) in paragraph (6)— an area with a population less than 50,000, a
(7) by striking subsection (g) and inserting the (i) by striking ‘‘Recreational’’ and inserting State shall consult with the regional transpor-
following: ‘‘Transportation alternatives projects eligible tation planning organizations that represent the
‘‘(g) REPORT.— under subsection (h), recreational’’; and area, if any.’’;
‘‘(1) STATE REPORT.— (ii) by striking ‘‘1404 of SAFETEA–LU (23 (C) in the heading for paragraph (4) by strik-
‘‘(A) IN GENERAL.—Not later than 2 years U.S.C. 402 note)’’ and inserting ‘‘211’’; and ing ‘‘OVER 200,000’’ and inserting ‘‘GREATER THAN
after the date of enactment of the INVEST in (D) by adding at the end the following:
200,000’’;
America Act, and at least biennially thereafter, ‘‘(16) Protective features (including natural
(D) by striking paragraph (6) and inserting
each State shall submit to the Secretary a report infrastructure and vegetation control and clear-
the following:
on the progress being made to implement the ance) to enhance the resilience of a transpor-
tation facility otherwise eligible for assistance ‘‘(6) TECHNICAL ASSISTANCE.—
railway crossings program authorized by this
under this section. ‘‘(A) IN GENERAL.—The State and all metro-
section and the effectiveness of such improve-
‘‘(17) Projects to reduce greenhouse gas emis- politan planning organizations in the State that
ments.
sions eligible under section 171, including the in- represent an urbanized area with a population
‘‘(B) CONTENTS.—Each State report under
stallation of electric vehicle charging infrastruc- of greater than 200,000 shall jointly establish a
subparagraph (A) shall contain an assessment
ture. program to improve the ability of applicants to
of the costs of the various treatments employed
‘‘(18) Projects and strategies to reduce vehicle- deliver projects under this subsection in an effi-
and subsequent accident experience at improved
caused wildlife mortality related to, or to restore cient and expeditious manner and reduce the
locations.
and maintain connectivity among terrestrial or period of time between the selection of the
‘‘(2) DEPARTMENTAL REPORT.—
aquatic habitats affected by, a transportation project and the obligation of funds for the
‘‘(A) IN GENERAL.—Not later than 180 days
facility otherwise eligible for assistance under project by providing—
after the deadline for the submission of a report
this section. ‘‘(i) technical assistance and training to ap-
under paragraph (1)(A), the Secretary shall
‘‘(19) A surface transportation project carried plicants for projects under this subsection; and
publish on the website of the Department of
out in accordance with the national travel and ‘‘(ii) funding for 1 or more full-time State em-
Transportation a report on the progress being
tourism infrastructure strategic plan under sec- ployee positions to administer this subsection.
made by the State in implementing projects to
improve railway-highway crossings. tion 1431(e) of the FAST Act (49 U.S.C. 301 ‘‘(B) ELIGIBLE FUNDS.—To carry out this
‘‘(B) CONTENTS.—The report under subpara- note).’’; paragraph—
graph (A) shall include— (4) in subsection (c)— ‘‘(i) a State shall set aside an amount equal to
‘‘(i) the number of projects undertaken; (A) by striking ‘‘block grant’’ and inserting 1 percent of the funds available under para-
‘‘(ii) distribution of such projects by cost ‘‘program’’; graph (1)(A)(i); and
range, road system, nature of treatment, and (B) by striking paragraph (3) and inserting ‘‘(ii) at the request of an eligible metropolitan
subsequent accident experience at improved lo- the following: planning organization, the State and metropoli-
cations; ‘‘(3) for a project described in— tan planning organization may jointly agree to
‘‘(iii) an analysis and evaluation of each ‘‘(A) subsection (h); or use additional funds available under paragraph
State program; ‘‘(B) section 101(a)(29), as in effect on the day (1)(A)(i).
‘‘(iv) the identification of any State found not before the date of enactment of the FAST Act;’’; ‘‘(C) USE OF FUNDS.—Amounts used under this
to be in compliance with the schedule of im- (C) by redesignating paragraph (4) as para- paragraph may be expended—
provements required by subsection (d); and graph (5); and ‘‘(i) directly by the State; or
(D) by inserting after paragraph (3) the fol- ‘‘(ii) through contracts with State agencies,
‘‘(v) recommendations for future implementa-
lowing: private entities, or nonprofit organizations.’’;
tion of the railway crossings program.’’;
‘‘(4) for a project described in section 5308 of (6) in subsection (e)(1)—
(8) in subsection (j)—
title 49; and’’; (A) by striking ‘‘over 200,000’’ and inserting
(A) in the heading by inserting ‘‘AND PEDES-
(5) in subsection (d)—
TRIAN’’ after ‘‘BICYCLE’’; and ‘‘greater than 200,000’’; and
(A) in paragraph (1)—
(B) by inserting ‘‘and pedestrian’’ after ‘‘bicy- (B) by striking ‘‘2016 through 2020’’ and in-
(i) by inserting ‘‘each fiscal year’’ after ‘‘ap-
cle’’; and serting ‘‘2022 through 2025’’;
portioned to a State’’;
(9) in subsection (l)— (ii) by striking ‘‘the reservation of’’ and in- (7) by striking subsection (f) and inserting the
(A) in paragraph (1) by striking ‘‘Not later serting ‘‘setting aside’’; and following:
than’’ and all that follows through ‘‘each (iii) in subparagraph (A)— ‘‘(f) BRIDGES NOT ON FEDERAL-AID HIGH-
State’’ and inserting ‘‘Not later than 6 months (I) by striking ‘‘the percentage specified in WAYS.—
after a new railway crossing becomes oper- paragraph (6) for a fiscal year’’ and inserting ‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In
ational, each State’’; and ‘‘57 percent for fiscal year 2022, 58 percent for this subsection, the term ‘off-system bridge’
(B) in paragraph (2) by striking ‘‘On a peri- fiscal year 2023, 59 percent for fiscal year 2024, means a bridge located on a public road, other
odic’’ and all that follows through ‘‘every year and 60 percent for fiscal year 2025’’; than a bridge on a Federal-aid highway.
thereafter’’ and inserting ‘‘On or before Sep- (II) in clause (i) by striking ‘‘of over’’ and in- ‘‘(2) SPECIAL RULE.—
tember 30 of each year’’. serting ‘‘greater than’’; and ‘‘(A) SET ASIDE.—Of the amounts apportioned
(b) CLERICAL AMENDMENT.—The analysis for (III) by striking clauses (ii) and (iii) and in- to a State for each fiscal year under this section
chapter 1 of title 23, United States Code, is serting the following: other than the amounts described in subpara-
amended by amending the item relating to sec- ‘‘(ii) in urbanized areas of the State with an graph (C), the State shall obligate for activities
tion 130 to read as follows: urbanized area population greater than 49,999 described in subsection (b)(2) (as in effect on the
‘‘130. Railway crossings.’’. and less than 200,001; day before the date of enactment of the FAST
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(c) GAO STUDY.—Not later than 2 years after ‘‘(iii) in urban areas of the State with a popu- Act) for off-system bridges an amount that is
the date of enactment of this Act, the Comp- lation greater than 4,999 and less than 50,000; not less than 20 percent of the amounts avail-
troller General of the United States shall submit and able to such State under this section in fiscal
to Congress a report that includes an analysis of ‘‘(iv) in other areas of the State with a popu- year 2020, not including the amounts described
the effectiveness of the railway crossing pro- lation less than 5,000; and’’; in subparagraph (C).
gram under section 130 of title 23, United States (B) by striking paragraph (3) and inserting ‘‘(B) REDUCTION OF EXPENDITURES.—The Sec-
Code. the following: retary, after consultation with State and local
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H2716 CONGRESSIONAL RECORD — HOUSE June 30, 2020
officials, may reduce the requirement for ex- ‘‘(h) TRANSPORTATION ALTERNATIVES PRO- ‘‘(ii) historic preservation and rehabilitation
penditures for off-system bridges under subpara- GRAM SET-ASIDE.— of historic transportation facilities;
graph (A) with respect to the State if the Sec- ‘‘(1) SET ASIDE.—For each fiscal year, of the ‘‘(iii) vegetation management practices in
retary determines that the State has inadequate total funds apportioned to all States under sec- transportation rights-of-way to improve road-
needs to justify the expenditure. tion 104(b)(2) for a fiscal year, the Secretary way safety, prevent against invasive species, fa-
‘‘(C) LIMITATIONS.—The following amounts shall set aside an amount such that— cilitate wildfire control, and provide erosion
shall not be used for the purposes of meeting the ‘‘(A) the Secretary sets aside a total amount control; and
requirements of subparagraph (A): under this subsection for a fiscal year equal to ‘‘(iv) archaeological activities relating to im-
‘‘(i) Amounts described in section 133(d)(1)(A). 10 percent of such total funds; and pacts from implementation of a transportation
‘‘(ii) Amounts set aside under section 133(h). ‘‘(B) the State’s share of the amount set aside project eligible under this title.
‘‘(iii) Amounts described in section 505(a). under subparagraph (A) is determined by multi- ‘‘(F) Any environmental mitigation activity,
‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL-AID plying the amount set aside under subpara- including pollution prevention and pollution
HIGHWAYS.—Notwithstanding any other provi- graph (A) by the ratio that— abatement activities and mitigation to address
sion of law, with respect to any project not on ‘‘(i) the amount apportioned to the State for stormwater management, control, and water
a Federal-aid highway for the replacement of a the transportation enhancement program for fis- pollution prevention or abatement related to
bridge or rehabilitation of a bridge that is whol- cal year 2009 under section 133(d)(2), as in effect highway construction or due to highway runoff,
ly funded from State and local sources, is eligi- on the day before the date of enactment of including activities described in sections 328(a)
ble for Federal funds under this section, is cer- MAP–21; bears to and 329.
tified by the State to have been carried out in ‘‘(ii) the total amount of funds apportioned to ‘‘(G) Projects and strategies to reduce vehicle-
accordance with all standards applicable to all States for the transportation enhancements caused wildlife mortality related to, or to restore
such projects under this section, and is deter- program for fiscal year 2009. and maintain connectivity among terrestrial or
mined by the Secretary upon completion to be ‘‘(2) ALLOCATION WITHIN A STATE.— aquatic habitats affected by, a transportation
no longer a deficient bridge— ‘‘(A) IN GENERAL.—Except as provided in sub- facility otherwise eligible for assistance under
‘‘(A) any amount expended after the date of paragraph (B), funds set aside for a State under this subsection.
enactment of this subsection from State and paragraph (1) shall be obligated within that ‘‘(H) The recreational trails program under
local sources for the project in excess of 20 per- State in the manner described in subsections (d) section 206.
cent of the cost of construction of the project and (e), except that, for purposes of this para- ‘‘(I) The safe routes to school program under
may be credited to the non-Federal share of the graph (after funds are made available under section 211.
cost of other bridge projects in the State that are paragraph (5))— ‘‘(J) Activities in furtherance of a vulnerable
eligible for Federal funds under this section; ‘‘(i) for each fiscal year, the percentage re- road user assessment described in section 148.
and ferred to in paragraph (1)(A) of subsection (d) ‘‘(K) Any other projects or activities described
‘‘(B) that crediting shall be conducted in ac- shall be deemed to be 66 percent; and in section 101(a)(29) or section 213, as such sec-
cordance with procedures established by the ‘‘(ii) paragraph (3) of subsection (d) shall not tions were in effect on the day before the date
Secretary.’’; and apply. of enactment of the FAST Act (Public Law 114–
(8) in subsection (g)(1)— ‘‘(B) LOCAL CONTROL.— 94).
(A) by striking ‘‘subsection (d)(1)(A)(ii) for ‘‘(i) IN GENERAL.—A State may make available ‘‘(4) ACCESS TO FUNDS.—
each of fiscal years 2016 through 2020’’ and in- up to 100 percent of the funds set aside under ‘‘(A) IN GENERAL.—A State, metropolitan
serting ‘‘subsection (d)(1)(A)(iv) for each fiscal paragraph (1) to the entities described in sub- planning organization required to obligate
year’’; clause (I) if the State submits to the Secretary, funds in accordance with paragraph (2)(A), or
(B) by inserting ‘‘rural’’ after ‘‘functionally and the Secretary approves, a plan that de- an entity required to obligate funds in accord-
classified as’’; and scribes— ance with paragraph (2)(B) shall develop a com-
(C) by inserting ‘‘or local roads, or on critical ‘‘(I) how such funds shall be made available petitive process to allow eligible entities to sub-
rural freight corridors designated under section to metropolitan planning organizations, re- mit projects for funding that achieve the objec-
167(e)’’ after ‘‘minor collectors’’. gional transportation planning organizations, tives of this subsection. A metropolitan planning
(b) CLERICAL AMENDMENT.—The analysis for counties, or other regional transportation au- organization for an area described in subsection
chapter 1 of title 23, United States Code, is thorities; (d)(1)(A)(i) shall select projects under such proc-
amended by striking the item relating to section ‘‘(II) how the entities described in subclause ess in consultation with the relevant State.
133 and inserting the following: (I) shall select projects for funding and how ‘‘(B) ELIGIBLE ENTITY DEFINED.—In this para-
‘‘133. Surface transportation program.’’. such entities shall report selected projects to the graph, the term ‘eligible entity’ means—
(c) CONFORMING AMENDMENTS.— State; ‘‘(i) a local government, including a county or
(1) ADVANCE ACQUISITION OF REAL PROP- ‘‘(III) the legal, financial, and technical ca- multi-county special district;
ERTY.—Section 108(c) of title 23, United States pacity of such entities; and ‘‘(ii) a regional transportation authority;
Code, is amended— ‘‘(IV) the procedures in place to ensure such ‘‘(iii) a transit agency;
(A) in paragraph (2)(A) by striking ‘‘block entities comply with the requirements of this ‘‘(iv) a natural resource or public land agen-
grant’’; and title. cy;
(B) in paragraph (3) by striking ‘‘block ‘‘(ii) REQUIREMENT.—A State that makes ‘‘(v) a school district, local education agency,
grant’’. funding available under a plan approved under or school;
(2) PUBLIC TRANSPORTATION.—Section this subparagraph shall make available an ‘‘(vi) a tribal government;
142(e)(2) of title 23, United States Code, is equivalent amount of obligation authority to an ‘‘(vii) a metropolitan planning organization
amended by striking ‘‘block grant’’. entity described in clause (i)(I) to whom funds that serves an urbanized area with a population
(3) HIGHWAY USE TAX EVASION PROJECTS.—Sec- are made available under this subparagraph. of 200,000 or fewer;
tion 143(b)(8) of title 23, United States Code, is ‘‘(3) ELIGIBLE PROJECTS.—Funds set aside ‘‘(viii) a nonprofit organization carrying out
amended in the heading by striking ‘‘BLOCK under this subsection may be obligated for any activities related to transportation;
GRANT’’. of the following projects or activities: ‘‘(ix) any other local or regional governmental
(4) CONGESTION MITIGATION AND AIR QUALITY ‘‘(A) Construction, planning, and design of entity with responsibility for or oversight of
IMPROVEMENT PROGRAM.—Section 149(d) of title on-road and off-road trail facilities for pedes- transportation or recreational trails (other than
23, United States Code, is amended— trians, bicyclists, and other nonmotorized forms a metropolitan planning organization that
(A) in paragraph (1)(B) by striking ‘‘block of transportation, including sidewalks, bicycle serves an urbanized area with a population of
grant’’; and infrastructure, pedestrian and bicycle signals, over 200,000 or a State agency) that the State
(B) in paragraph (2)(A) by striking ‘‘block traffic calming techniques, lighting and other determines to be eligible, consistent with the
grant’’. safety-related infrastructure, and transpor- goals of this subsection; and
(5) TERRITORIAL AND PUERTO RICO HIGHWAY tation projects to achieve compliance with the ‘‘(x) a State, at the request of any entity listed
PROGRAM.—Section 165 of title 23, United States Americans with Disabilities Act of 1990 (42 in clauses (i) through (ix).
Code, is amended— U.S.C. 12101 et seq.). ‘‘(5) CONTINUATION OF CERTAIN RECREATIONAL
(A) in subsection (b)(2)(A)(ii) by striking ‘‘(B) Construction, planning, and design of TRAILS PROJECTS.—
‘‘block grant’’ each time such term appears; and infrastructure-related projects and systems that ‘‘(A) IN GENERAL.—For each fiscal year, a
(B) in subsection (c)(6)(A)(i) by striking will provide safe routes for nondrivers, includ- State shall—
‘‘block grant’’. ing children, older adults, and individuals with ‘‘(i) obligate an amount of funds set aside
(6) MAGNETIC LEVITATION TRANSPORTATION disabilities to access daily needs. under this subsection equal to 175 percent of the
TECHNOLOGY DEPLOYMENT PROGRAM.—Section ‘‘(C) Conversion and use of abandoned rail- amount of the funds apportioned to the State
322(h)(3) of title 23, United States Code, is road corridors for trails for pedestrians, for fiscal year 2009 under section 104(h)(2), as in
amended by striking ‘‘block grant’’. bicyclists, or other nonmotorized transportation effect on the day before the date of enactment of
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(7) TRAINING AND EDUCATION.—Section users. MAP–21, for projects relating to recreational
504(a)(4) of title 23, United States Code, is ‘‘(D) Construction of turnouts, overlooks, and trails under section 206;
amended by striking ‘‘block grant’’. viewing areas. ‘‘(ii) return 1 percent of the funds described in
SEC. 1206. TRANSPORTATION ALTERNATIVES ‘‘(E) Community improvement activities, in- clause (i) to the Secretary for the administration
PROGRAM. cluding— of such program; and
Section 133(h) of title 23, United States Code, ‘‘(i) inventory, control, or removal of outdoor ‘‘(iii) comply with the provisions of the admin-
is amended to read as follows: advertising; istration of the recreational trails program
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2717
under section 206, including the use of appor- use not more than 50 percent of the funds set ‘‘(II) cannot meet the load and traffic require-
tioned funds described in subsection (d)(3)(A) of aside under this subsection for an urbanized ments typical of the regional transportation net-
such section. area described in subsection (d)(1)(A)(i) for any work; and
‘‘(B) STATE FLEXIBILITY.—A State may opt out purpose eligible under subsection (b). ‘‘(iv) the total person miles traveled over
of the recreational trails program under this ‘‘(ii) RESTRICTION.—Funds may be used as de- bridges that—
paragraph if the Governor of the State notifies scribed in clause (i) only if the Secretary cer- ‘‘(I) do not meet current geometric design
the Secretary not later than 30 days prior to the tifies that the metropolitan planning organiza- standards; or
date on which an apportionment is made under tion— ‘‘(II) cannot meet the load and traffic require-
section 104 for any fiscal year. ‘‘(I) held a competition in compliance with the ments typical of the regional transportation net-
‘‘(6) IMPROVING ACCESSIBILITY AND EFFI- requirements of this subsection in such form as work.
CIENCY.— the Secretary determines appropriate; and ‘‘(2) BRIDGES ON PUBLIC ROADS.—
‘‘(A) IN GENERAL.—A State may use an ‘‘(A) MINIMUM BRIDGE INVESTMENT.—Exclud-
‘‘(II) demonstrates that there were not suffi-
amount equal to not more than 5 percent of the ing the amounts described in subparagraph (C),
cient suitable applications from eligible entities
funds set aside for the State under this sub- of the total funds apportioned to a State under
to use the funds described in clause (i).
section, after allocating funds in accordance paragraphs (1) and (2) of section 104(b) for fiscal
‘‘(9) ANNUAL REPORTS.—
with paragraph (2)(A), to improve the ability of years 2022 to 2025, a State shall obligate not less
‘‘(A) IN GENERAL.—Each State or metropolitan
applicants to access funding for projects under than 20 percent for projects described in sub-
planning organization responsible for carrying
this subsection in an efficient and expeditious paragraph (E).
out the requirements of this subsection shall ‘‘(B) PROGRAM FLEXIBILITY.—A State required
manner by providing— submit to the Secretary an annual report that
‘‘(i) to applicants for projects under this sub- to obligate funds under subparagraph (A) may
describes— use any combination of funds apportioned to a
section application assistance, technical assist- ‘‘(i) the number of project applications re-
ance, and assistance in reducing the period of State under paragraphs (1) and (2) of section
ceived for each fiscal year, including— 104(b).
time between the selection of the project and the ‘‘(I) the aggregate cost of the projects for ‘‘(C) LIMITATION.—Amounts described below
obligation of funds for the project; and which applications are received; and may not be used for the purposes of calculating
‘‘(ii) funding for 1 or more full-time State em- ‘‘(II) the types of projects to be carried out, or meeting the minimum bridge investment re-
ployee positions to administer this subsection. expressed as percentages of the total apportion-
‘‘(B) USE OF FUNDS.—Amounts used under quirement under subparagraph (A)—
ment of the State under this subsection; and ‘‘(i) amounts described in section 133(d)(1)(A);
subparagraph (A) may be expended— ‘‘(ii) the list of each project selected for fund- ‘‘(ii) amounts set aside under section 133(h);
‘‘(i) directly by the State; or ing for each fiscal year, including specifying the and
‘‘(ii) through contracts with State agencies, fiscal year for which the project was selected, ‘‘(iii) amounts described in section 505(a).
private entities, or nonprofit entities. the fiscal year in which the project is antici- ‘‘(D) RULE OF CONSTRUCTION.—Nothing in this
‘‘(7) FEDERAL SHARE.— pated to be funded, the recipient, the location, section shall be construed to prohibit the ex-
‘‘(A) FLEXIBLE MATCH.— the type, and a brief description. penditure of funds described in subparagraph
‘‘(i) IN GENERAL.—Notwithstanding section ‘‘(B) PUBLIC AVAILABILITY.—The Secretary (C) for bridge projects eligible under such sec-
120— shall make available to the public, in a user- tion.
‘‘(I) the non-Federal share for a project under friendly format on the website of the Depart- ‘‘(E) ELIGIBLE PROJECTS.—Funds required to
this subsection may be calculated on a project, ment of Transportation, a copy of each annual be obligated in accordance with paragraph
multiple-project, or program basis; and report submitted under subparagraph (A).’’. (2)(A) may be obligated for projects or activities
‘‘(II) the Federal share of the cost of an indi- that—
SEC. 1207. BRIDGE INVESTMENT.
vidual project in this subsection may be up to ‘‘(i) are otherwise eligible under either section
100 percent. (a) IN GENERAL.—Section 144 of title 23,
United States Code, is amended— 119 or section 133, as applicable;
‘‘(ii) AGGREGATE NON-FEDERAL SHARE.—The ‘‘(ii) support the achievement of performance
average annual non-Federal share of the total (1) in the section heading by striking ‘‘Na-
targets of the State established under section 150
cost of all projects for which funds are obligated tional bridge and tunnel inventory and in-
or provide support for the condition and per-
under this subsection in a State for a fiscal year spection standards’’ and inserting ‘‘Bridges
formance of bridges on public roads within the
shall be not less than the non-Federal share au- and tunnels’’;
State; and
thorized for the State under section 120(b). (2) in subsection (a)(1)(B) by striking ‘‘defi- ‘‘(iii) remove a bridge classified as in poor
‘‘(iii) REQUIREMENT.—This subparagraph cient’’; condition in order to improve community
shall only apply to a State if such State has (3) in subsection (b)(5) by striking ‘‘struc- connectivity, or replace, reconstruct, rehabili-
adequate financial controls, as certified by the turally deficient bridge’’ and inserting ‘‘bridge tate, preserve, or protect a bridge included on
Secretary, to account for the average annual classified as in poor condition’’; the national bridge inventory authorized by
non-Federal share under this subparagraph. (4) in subsection (d)— subsection (b), including through—
‘‘(B) SAFETY PROJECTS.—Notwithstanding sec- (A) in paragraph (2) by striking ‘‘Not later ‘‘(I) seismic retrofits;
tion 120, funds made available to carry out sec- than 2 years after the date of enactment of the ‘‘(II) systematic preventive maintenance;
tion 148 may be credited toward the non-Federal MAP–21, each’’ and inserting ‘‘Each’’; and ‘‘(III) installation of scour countermeasures;
share of the costs of a project under this sub- (B) by striking paragraph (4); ‘‘(IV) the use of innovative materials that ex-
section if the project— (5) in subsection (j)— tend the service life of the bridge and reduce
‘‘(i) is a project described in section 148(e)(1); (A) in paragraph (2) by inserting ‘‘, 124,’’ preservation costs, as compared to convention-
and after ‘‘section 119’’; ally designed and constructed bridges;
‘‘(ii) is consistent with the State strategic (B) in paragraph (3)(A) by inserting ‘‘, 124,’’ ‘‘(V) the use of nontraditional production
highway safety plan (as defined in section after ‘‘section 119’’; and techniques, including factory prefabrication;
148(a)). (C) in paragraph (5) by striking ‘‘financial ‘‘(VI) painting for purposes of bridge protec-
‘‘(8) FLEXIBILITY.— characteristics’’ and all that follows through tion;
‘‘(A) STATE AUTHORITY.— the end and inserting ‘‘Federal share.’’; and ‘‘(VII) application of calcium magnesium ace-
‘‘(i) IN GENERAL.—A State may use not more (6) by adding at the end the following: tate, sodium acetate/formate, or other environ-
than 50 percent of the funds set aside under this ‘‘(l) HIGHWAY BRIDGE REPLACEMENT AND RE- mentally acceptable, minimally corrosive anti-
subsection that are available for obligation in HABILITATION.— icing and deicing compositions;
‘‘(1) GOALS.—The goals of this subsection ‘‘(VIII) corrosion control;
any area of the State (suballocated consistent
shall be to— ‘‘(IX) construction of protective features (in-
with the requirements of subsection (d)(1)(B))
‘‘(A) support the achievement of a state of cluding natural infrastructure) alone or in com-
for any purpose eligible under subsection (b).
good repair for the Nation’s bridges; bination with other activities eligible under this
‘‘(ii) RESTRICTION.—Funds may be used as de-
‘‘(B) improve the safety, efficiency, and reli- paragraph to enhance resilience of a bridge;
scribed in clause (i) only if the State dem- ‘‘(X) bridge security countermeasures;
onstrates to the Secretary— ability of the movement of people and freight
‘‘(XI) impact protection measures for bridges;
‘‘(I) that the State held a competition in com- over bridges; and ‘‘(XII) inspection and evaluation of bridges;
pliance with the requirements of this subsection ‘‘(C) improve the condition of bridges in the and
in such form as the Secretary determines appro- United States by reducing— ‘‘(XIII) training for bridge inspectors con-
priate; ‘‘(i) the number of bridges— sistent with subsection (i).
‘‘(II) that the State offered technical assist- ‘‘(I) in poor condition; or ‘‘(F) BUNDLES OF PROJECTS.—A State may use
ance to all eligible entities and provided such ‘‘(II) in fair condition and at risk of falling a bundle of projects as described in subsection
assistance upon request by an eligible entity; into poor condition; (j) to satisfy the requirements of subparagraph
and ‘‘(ii) the total person miles traveled over (A), if each project in the bundle is otherwise el-
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‘‘(III) that there were not sufficient suitable bridges— igible under subparagraph (E).
applications from eligible entities to use the ‘‘(I) in poor condition; or ‘‘(G) FLEXIBILITY.—The Secretary may, at the
funds described in clause (i). ‘‘(II) in fair condition and at risk of falling request of a State, reduce the required obliga-
‘‘(B) MPO AUTHORITY.— into poor condition; tion under subparagraph (A) if—
‘‘(i) IN GENERAL.—A metropolitan planning or- ‘‘(iii) the number of bridges that— ‘‘(i) the reduction is consistent with a State’s
ganization that represents an urbanized area ‘‘(I) do not meet current geometric design asset management plan for the National High-
with a population of greater than 200,000 may standards; or way System;
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H2718 CONGRESSIONAL RECORD — HOUSE June 30, 2020
‘‘(ii) the reduction will not limit a State’s abil- ‘‘(xviii) Safe routes to school infrastructure- to vulnerable road users and the plan of the
ity to meet its performance targets under section related projects eligible under section 211.’’; State or metropolitan planning organization to
150 or to improve the condition and performance (iv) in clause (xxvi) by inserting ‘‘or leading improve the safety of vulnerable road users de-
of bridges on public roads within the State; and pedestrian intervals’’ after ‘‘hybrid beacons’’; scribed in subsection (l).’’;
‘‘(iii) the State demonstrates that it has inad- and (2) in subsection (c)—
equate needs to justify the expenditure. (v) by striking clause (xxviii) and inserting the (A) in paragraph (1) by striking ‘‘(a)(11)’’ and
‘‘(H) BRIDGE INVESTMENT REPORT.—The Sec- following: inserting ‘‘(a)(13)’’; and
retary shall annually publish on the website of ‘‘(xxviii) A pedestrian security feature de- (B) in paragraph (2)—
the Department of Transportation a bridge in- signed to slow or stop a motor vehicle. (i) in subparagraph (A)(vi) by inserting ‘‘,
vestment report that includes— ‘‘(xxix) Installation of infrastructure improve- consistent with the vulnerable road user safety
‘‘(i) the total Federal funding obligated for ments, including sidewalks, crosswalks, signage, assessment’’ after ‘‘nonmotorized crashes’’;
bridge projects in the most recent fiscal year, on and bus stop shelters or protected waiting (ii) in subparagraph (B)(i)—
a State-by-State basis and broken out by Fed- areas.’’; (I) by inserting ‘‘, consistent with a safe sys-
eral program; (B) in paragraph (11)— tem approach,’’ after ‘‘identify’’;
‘‘(ii) the total Federal funding obligated, on a (II) by inserting ‘‘excessive design speeds and
(i) in subparagraph (A)—
State-by-State basis and broken out by Federal speed limits,’’ after ‘‘crossing needs,’’; and
(I) in clause (ix) by striking ‘‘and’’ at the end;
(III) by striking ‘‘motorists (including motor-
program, for bridge projects carried out pursu- (II) by redesignating clause (x) as clause (xi);
cyclists), bicyclists, pedestrians, and other high-
ant to the minimum bridge investment require- and
way users’’ and inserting ‘‘road users’’; and
ments under subparagraph (A); (III) by inserting after clause (ix) the fol- (iii) in subparagraph (D)(iii) by striking ‘‘mo-
‘‘(iii) the progress made by each State toward lowing:
torists (including motorcyclists), bicyclists, pe-
meeting the minimum bridge investment require- ‘‘(x) State or local representatives of edu-
destrians, persons with disabilities, and other
ment under subparagraph (A) for such State, cational agencies to address safe routes to
highway users’’ and inserting ‘‘road users’’;
both cumulatively and for the most recent fiscal school and schoolbus safety; and’’; (3) in subsection (d)—
year; (ii) in subparagraph (E) by inserting ‘‘Trib- (A) in paragraph (1)—
‘‘(iv) a summary of— al,’’ after ‘‘State,’’; (i) in subparagraph (A) by striking ‘‘Not later
‘‘(I) each request made under subparagraph (iii) by redesignating subparagraphs (G), (H), than 1 year after the date of enactment of the
(G) by a State for a reduction in the minimum and (I) as subparagraphs (H), (I), and (J), re- MAP–21, the’’ and inserting ‘‘The’’; and
bridge investment requirement under subpara- spectively; and (ii) in subparagraph (B)—
graph (A); and (iv) by inserting after subparagraph (F) the (I) in clause (iv) by inserting ‘‘and serious in-
‘‘(II) for each request described in subclause following: jury’’ after ‘‘fatality’’;
(I) that is granted by the Secretary— ‘‘(G) includes a vulnerable road user safety (II) in clause (vii) by striking ‘‘; and’’ and in-
‘‘(aa) the percentage and dollar amount of the assessment described under paragraph (16);’’; serting a semicolon;
reduction; and (C) by redesignating paragraphs (10), (11), (III) by redesignating clause (viii) as clause
‘‘(bb) an explanation of how the State met and (12) as paragraphs (12), (13), and (14), re- (ix); and
each of the criteria described in subparagraph spectively; (IV) by inserting after clause (vii) the fol-
(G); and (D) by inserting after paragraph (9) the fol- lowing:
‘‘(v) a summary of— lowing: ‘‘(viii) the findings of a vulnerable road user
‘‘(I) each request made by a State for a reduc- ‘‘(10) SAFE SYSTEM APPROACH.—The term ‘safe safety assessment of the State; and’’; and
tion in the obligation requirements under sec- system approach’ means a roadway design that (B) in paragraph (2)(B)(i) by striking ‘‘sub-
tion 133(f); and emphasizes minimizing the risk of injury or fa- section (a)(11)’’ and inserting ‘‘subsection
‘‘(II) for each request that is granted by the tality to road users and that— (a)(13)’’;
Secretary— ‘‘(A) takes into consideration the possibility (4) in subsection (e)—
‘‘(aa) the percentage and dollar amount of the and likelihood of human error; (A) in paragraph (1)(C) by striking ‘‘, without
reduction; and ‘‘(B) accommodates human injury tolerance regard to whether the project is included in an
‘‘(bb) an explanation of how the Secretary by taking into consideration likely crash types, applicable State strategic highway safety plan’’;
made the determination under section resulting impact forces, and the human body’s and
133(f)(2)(B). ability to withstand such forces; and (B) by adding at the end the following:
‘‘(I) OFF-SYSTEM BRIDGES.—A State may apply ‘‘(C) takes into consideration vulnerable road ‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFETY
amounts obligated under this subsection or sec- PROJECTS.—
users.
tion 133(f)(2)(A) to the obligation requirements ‘‘(A) IN GENERAL.—To advance the implemen-
‘‘(11) SPECIFIED SAFETY PROJECT.—
of both this subsection and section 133(f). tation of a State strategic highway safety plan,
‘‘(A) IN GENERAL.—The term ‘specified safety
‘‘(J) NHS PENALTY.—A State may apply a State may use not more than 10 percent of the
project’ means a project carried out for the pur-
amounts obligated under this subsection or sec- amounts apportioned to the State under section
pose of safety under any other section of this
tion 119(f)(2) to the obligation requirements of 104(b)(3) for a fiscal year to carry out specified
title that is consistent with the State strategic
both this subsection and section 119(f)(2). safety projects.
highway safety plan.
‘‘(K) COMPLIANCE.—If a State fails to satisfy ‘‘(B) RULE OF STATUTORY CONSTRUCTION.—
‘‘(B) INCLUSION.—The term ‘specified safety
the requirements of subparagraph (A) by the Nothing in this paragraph shall be construed to
project’ includes a project that—
end of fiscal year 2025, the Secretary may sub- require a State to revise any State process, plan,
‘‘(i) promotes public awareness and informs
ject the State to appropriate program sanctions or program in effect on the date of enactment of
the public regarding highway safety matters (in-
under section 1.36 of title 23, Code of Federal this paragraph.
cluding safety for motorcyclists, bicyclists, pe-
Regulations (or successor regulations).’’. ‘‘(C) EFFECT OF PARAGRAPH.—
destrians, individuals with disabilities, and ‘‘(i) REQUIREMENTS.—A project funded under
(b) CLERICAL AMENDMENT.—The analysis for other road users);
chapter 1 of title 23, United States Code, is this paragraph shall be subject to all require-
‘‘(ii) facilitates enforcement of traffic safety ments under this section that apply to a high-
amended by striking the item relating to section laws;
144 and inserting the following: way safety improvement project.
‘‘(iii) provides infrastructure and infrastruc- ‘‘(ii) OTHER APPORTIONED PROGRAMS.—Sub-
‘‘144. Bridges and tunnels.’’. ture-related equipment to support emergency paragraph (A) shall not apply to amounts that
SEC. 1208. CONSTRUCTION OF FERRY BOATS AND services; may be obligated for noninfrastructure projects
FERRY TERMINAL FACILITIES. ‘‘(iv) conducts safety-related research to apportioned under any other paragraph of sec-
Section 147 of title 23, United States Code, is evaluate experimental safety countermeasures or tion 104(b).’’;
amended— equipment; or (5) in subsection (g)—
(1) by striking subsection (h); and ‘‘(v) supports safe routes to school noninfra- (A) by amending paragraph (1) to read as fol-
(2) by redesignating subsections (i) and (j) as structure-related activities described under sec- lows:
subsections (h) and (i), respectively. tion 211(e)(2).’’; and ‘‘(1) HIGH-RISK RURAL ROAD SAFETY.—
SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PRO- (E) by adding at the end the following: ‘‘(A) IN GENERAL.—If a State determines that
GRAM. ‘‘(15) VULNERABLE ROAD USER.—The term the fatality rate on rural roads in such State for
(a) IN GENERAL.—Section 148 of title 23, ‘vulnerable road user’ means a nonmotorist— the most recent 2-year period for which data are
United States Code, is amended— ‘‘(A) with a fatality analysis reporting system available exceeds the median fatality rate for
(1) in subsection (a)— person attribute code that is included in the def- rural roads among all States, that State shall be
(A) in paragraph (4)(B)— inition of the term ‘number of non-motorized fa- required to—
(i) by striking ‘‘only includes a project’’ and talities’ in section 490.205 of title 23, Code of ‘‘(i) obligate over the 2 fiscal years following
inserting ‘‘includes a project’’; Federal Regulations (or successor regulation); or the fiscal year in which such determination is
dlhill on DSK120RN23PROD with HOUSE
(ii) in clause (xiii) by inserting ‘‘, including ‘‘(B) described in the term ‘number of non-mo- made for projects on high-risk rural roads an
the development of a vulnerable road user safety torized serious injuries’ in such section. amount not less than 7.5 percent of the amounts
assessment or a vision zero plan under section ‘‘(16) VULNERABLE ROAD USER SAFETY ASSESS- apportioned to the State under section 104(b)(3)
1601 of the INVEST in America Act’’ after ‘‘safe- MENT.—The term ‘vulnerable road user safety for fiscal year 2020; and
ty planning’’; assessment’ means an assessment of the safety ‘‘(ii) include, in the subsequent update to the
(iii) by amending clause (xviii) to read as fol- performance of the State or a metropolitan plan- State strategic highway safety plan, strategies
lows: ning organization within the State with respect to reduce the fatality rate.
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2719
‘‘(B) SOURCE OF FUNDS.—Any amounts obli- ‘‘(ii) OTHER METROPOLITAN PLANNING ORGANI- (c) HIGH-RISK RURAL ROADS.—
gated under subparagraph (A) shall be from ZATIONS.—For a metropolitan planning organi- (1) STUDY.—Not later than 2 years after the
amounts described under section 133(d)(1)(B). zation that is not located within a State re- date of enactment of this Act, the Secretary of
‘‘(C) ANNUAL DETERMINATION.—The deter- quired to obligate funds to vulnerable user safe- Transportation shall update the study described
mination described under subparagraph (A) ty under subparagraph (A), the State shall be in paragraph (1) of section 1112(b) of MAP–21
shall be made on an annual basis. required to obligate from amounts apportioned (23 U.S.C. 148 note).
‘‘(D) CONSULTATION.—In carrying out a under section 104(b)(3) for projects described in (2) PUBLICATION OF REPORT.—Not later than 2
project with an amount obligated under sub- subsection (l)(7).’’; years after the date of enactment of this Act,
paragraph (A), a State shall consult with, as (6) in subsection (h)(1)(A) by inserting ‘‘, in- the Secretary shall publish on the website of the
applicable, local governments, metropolitan cluding any efforts to reduce vehicle speed’’ Department of Transportation an updated re-
planning organizations, and regional transpor- after ‘‘under this section’’; and port of the report described in paragraph (2) of
tation planning organizations.’’; (7) by adding at the end the following: section 1112(b) of MAP–21 (23 U.S.C. 148 note).
(B) in paragraph (2)— ‘‘(l) VULNERABLE ROAD USER SAFETY ASSESS- (3) BEST PRACTICES MANUAL.—Not later than
(i) in the heading by striking ‘‘DRIVERS’’ and MENT.— 180 days after the date of submission of the re-
inserting ‘‘ROAD USERS’’; and ‘‘(1) IN GENERAL.—Not later than 1 year after port described in paragraph (2), the Secretary
(ii) by striking ‘‘address the increases in’’ and date of enactment of the INVEST in America shall update the best practices manual described
inserting ‘‘reduce’’; and Act, each State shall create a vulnerable road in section 1112(b)(3) of MAP–21 (23 U.S.C. 148
(C) by adding at the end the following: user safety assessment. note).
‘‘(3) VULNERABLE ROAD USER SAFETY.— ‘‘(2) CONTENTS.—A vulnerable road user safe-
‘‘(A) IN GENERAL.—Beginning on the date of SEC. 1210. CONGESTION MITIGATION AND AIR
ty assessment required under paragraph (1) QUALITY IMPROVEMENT PROGRAM.
enactment of the INVEST in America Act, if a shall include—
State determines that the number of vulnerable Section 149 of title 23, United States Code, is
‘‘(A) a description of the location within the
road user fatalities and serious injuries per cap- amended—
State of each vulnerable road user fatality and
ita in such State over the most recent 2-year pe- (1) in subsection (b)—
serious injury and the design speed of the road-
riod for which data are available exceeds the (A) in paragraph (1)(A)(ii) by striking ‘‘sub-
way at any such location;
median number of such fatalities and serious in- section (h)’’ and inserting ‘‘subsection (i)’’;
‘‘(B) a description of any corridors identified
juries per capita among all States, that State (B) in paragraph (7) by inserting ‘‘shared
by a State, in coordination with local govern-
shall be required to obligate over the 2 fiscal micromobility (including bikesharing and shared
ments, metropolitan planning organizations,
years following the fiscal year in which such de- scooter systems),’’ after ‘‘carsharing,’’;
and regional transportation planning organiza-
termination is made an amount that is not less (C) in paragraph (8)(B) by striking ‘‘; or’’ and
tions that pose a high risk of a vulnerable road
than 50 percent of the amount set aside in such inserting a semicolon;
user fatality or serious injury and the design
State under section 133(h)(1) for fiscal year 2020, (D) in paragraph (9) by striking the period
speeds of such corridors; and
less any amounts obligated by a metropolitan ‘‘(C) a program of projects or strategies to re- and inserting ‘‘; or’’; and
(E) by adding at the end the following:
planning organization in the State as required duce safety risks to vulnerable road users in cor-
‘‘(10) if the project or program mitigates sea-
by subparagraph (D), for— ridors identified under subparagraph (B), in co-
‘‘(i) in the first fiscal year— sonal or temporary traffic congestion from long-
ordination with local governments, metropolitan
‘‘(I) performing the vulnerable user safety as- haul travel or tourism.’’;
planning organizations, and regional transpor-
sessment as prescribed by subsection (l); (2) in subsection (c)—
tation planning organizations that represent a
‘‘(II) providing matching funds for transpor- (A) in paragraph (2)—
high-risk area identified under subparagraph
tation alternatives safety project as identified in (i) in the heading by inserting ‘‘, HYDROGEN
(B).
section 133(h)(7)(B); and VEHICLE,’’ after ‘‘ELECTRIC VEHICLE’’;
‘‘(3) ANALYSIS.—In creating a vulnerable road
‘‘(III) projects eligible under section user safety assessment under this subsection, a (ii) by inserting ‘‘hydrogen or’’ after ‘‘charg-
133(h)(3)(A), (B), (C), or (I); and State shall assess the last 5 years of available ing stations or’’; and
‘‘(ii) in each fiscal year thereafter, the pro- (iii) by inserting ‘‘, hydrogen-powered,’’ after
data.
gram of projects identified in subsection ‘‘(4) REQUIREMENTS.—In creating a vulnerable ‘‘battery powered’’; and
(l)(2)(C). road user safety assessment under this sub- (B) in paragraph (3) by inserting ‘‘, and is
‘‘(B) SOURCE OF FUNDS.—Any amounts obli- section, a State shall— consistent with section 166’’ after ‘‘travel
gated under subparagraph (A) shall be from ‘‘(A) take into consideration a safe system ap- times’’; and
amounts described in section 133(d)(1)(B). proach; and (3) by striking subsection (m) and inserting
‘‘(C) ANNUAL DETERMINATION.—The deter- ‘‘(B) coordinate with local governments, met- the following:
mination described under subparagraph (A) ropolitan planning organizations, and regional ‘‘(m) OPERATING ASSISTANCE.—
shall be made on an annual basis. transportation planning organizations that rep- ‘‘(1) PROJECTS.—A State may obligate funds
‘‘(D) METROPOLITAN PLANNING AREA WITH EX- resent a high-risk area identified under para- apportioned under section 104(b)(4) in an area
CESSIVE FATALITIES AND SERIOUS INJURIES PER graph (2)(B). of such State that is otherwise eligible for obli-
CAPITA.— ‘‘(5) UPDATE.—A State shall update a vulner- gations of such funds for operating costs under
‘‘(i) ANNUAL DETERMINATION.—Beginning on able road user safety assessment on the same chapter 53 of title 49 or on a system for which
the date of enactment of the INVEST in America schedule as the State updates the State strategic CMAQ funding was made available, obligated,
Act, a metropolitan planning organization rep- highway safety plan. or expended in fiscal year 2012, or, notwith-
resenting an urbanized area with a population ‘‘(6) TRANSPORTATION SYSTEM ACCESS.—The standing subsection (b), on a State-supported
greater than 200,000 shall annually determine program of projects developed under paragraph Amtrak route with a cost-sharing agreement
the number of vulnerable user road fatalities (2)(C) may not degrade transportation system under section 209 of the Passenger Rail Invest-
and serious injuries per capita in such area over access for vulnerable road users. ment and Improvement Act of 2008 or alternative
the most recent 2-year period. ‘‘(7) METROPOLITAN PLANNING AREA ASSESS- cost allocation under section 24712(g)(3) of title
‘‘(ii) REQUIREMENT TO OBLIGATE FUNDS.—If MENTS.—A metropolitan planning organization 49.
such a metropolitan planning area organization that represents an urbanized area with a popu- ‘‘(2) TIME LIMITATION.—In determining the
determines that the number of vulnerable user lation greater than 200,000 shall complete a vul- amount of time for which a State may obligate
road fatalities and serious injuries per capita in nerable user safety assessment based on the funds under paragraph (1) for operating assist-
such area over the most recent 2-year period for most recent 5 years of available data, unless an ance for an area of a State or on a system, the
which data are available exceeds the median assessment was completed in the previous five Secretary shall allow such obligations to occur,
number of such fatalities and serious injuries years, including in such area or on such system—
among all urbanized areas with a population of ‘‘(A) a description of the location within the ‘‘(A) with a time limitation of not less than 3
over 200,000, then there shall be obligated over urbanized area of each vulnerable road user fa- years; and
the 2 fiscal years following the fiscal year in tality and serious injury and the design speed of ‘‘(B) in the case of projects that demonstrate
which such determination is made an amount the roadway at any such location; continued net air quality benefits beyond 3
that is not less than 50 percent of the amount ‘‘(B) a description of any corridors that rep- years, as determined annually by the Secretary
set aside for that urbanized area under section resent a high-risk area identified under para- in consultation with the Administrator of the
133(h)(2) for fiscal year 2020 for projects identi- graph (2)(B) that pose a high risk of a vulner- Environmental Protection Agency, with no im-
fied in the program of projects described in sub- able road user fatality or serious injury and the posed time limitation.’’.
section (l)(7)(C). design speeds of such corridors; and SEC. 1211. ELECTRIC VEHICLE CHARGING STA-
‘‘(E) SOURCE OF FUNDS.— ‘‘(C) a program of projects or strategies to re- TIONS.
‘‘(i) METROPOLITAN PLANNING ORGANIZATION duce safety risks to vulnerable road users in cor- (a) ELECTRIC VEHICLE CHARGING STATIONS.—
IN STATE REQUIRED TO OBLIGATE FUNDS.—For a ridors identified under subparagraph (B).’’. Chapter 1 of title 23, United States Code, is
dlhill on DSK120RN23PROD with HOUSE
metropolitan planning organization in a State (b) TECHNICAL AMENDMENT.—Section 148 of amended by inserting after section 154 the fol-
required to obligate funds to vulnerable user title 23, United States Code, is amended— lowing new section:
safety under subparagraph (A), the State shall (1) in the heading for subsection (a)(8) by
be required to obligate from such amounts re- striking ‘‘ROAD USERS’’ and inserting ‘‘ROAD ‘‘§ 155. Electric vehicle charging stations
quired to be obligated for vulnerable road user USER’’; and ‘‘(a) IN GENERAL.—Any electric vehicle charg-
safety under subparagraph (B) for projects de- (2) in subsection (i)(2)(D) by striking ‘‘safety ing infrastructure funded under this title shall
scribed in subsection (l)(7). safety’’ and inserting ‘‘safety’’. be subject to the requirements of this section.
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H2720 CONGRESSIONAL RECORD — HOUSE June 30, 2020
‘‘(b) INTEROPERABILITY.— additional 150 miles of critical rural freight cor- provement of mobility on public roads as those
‘‘(1) IN GENERAL.—Electric vehicle charging ridors.’’; factors relate to intercity rail passenger trans-
stations funded under this title shall provide, at (3) in subsection (f) by adding at the end the portation projects under subsection (b)(4).
a minimum, two of the following charging con- following: ‘‘(d) OPERATING EXPENSES.—A State may use
nector types at the location: ‘‘(5) ADDITIONAL MILEAGE.—Notwithstanding not more than 10 percent of the funds provided
‘‘(A) CCS. paragraph (4), a State that has designated at under section 104(b)(9) for the operating ex-
‘‘(B) CHAdeMO. least 90 percent of its maximum mileage de- penses of public transportation and passenger
‘‘(C) An alternative connector that meets ap- scribed in paragraph (4) may designate up to an rail transportation projects.
plicable industry safety standards additional 75 miles of critical urban freight cor- ‘‘(e) SINGLE-OCCUPANCY VEHICLE HIGHWAY
‘‘(2) SAVINGS CLAUSE.—Nothing in this sub- ridors under paragraphs (1) and (2).’’; FACILITIES.—None of the funds provided under
section shall prevent the use of charging types (4) in subsection (h) by striking ‘‘Not later this section may be used for a project that will
other than the connectors described in para- than’’ and all that follows through ‘‘shall pre- result in the construction of new capacity avail-
graph (1) if, at a minimum, such connectors pare’’ and inserting ‘‘As part of the report re- able to single occupant vehicles unless the
meet applicable industry safety standards and quired under section 503(b)(8), the Administrator project consists of a high occupancy vehicle fa-
are compatible with a majority of electric vehi- shall biennially prepare’’; cility and is consistent with section 166.
cles in operation. (5) in subsection (i)— ‘‘(f) EVALUATION.—
‘‘(c) OPEN ACCESS TO PAYMENT.—Electric ve- (A) by striking paragraphs (2) and (3); ‘‘(1) IN GENERAL.—The Secretary shall annu-
hicle charging stations shall provide payment (B) by amending paragraph (4) to read as fol- ally evaluate the progress of each State in car-
methods available to all members of the public to lows: rying out the program under this section by
ensure secure, convenient, and equal access and ‘‘(4) FREIGHT PLANNING.—Notwithstanding comparing the percent change in carbon dioxide
shall not be limited by membership to a par- any other provision of law, a State may not ob- emissions per capita on public roads in the State
ticular payment provider. ligate funds apportioned to the State under sec- calculated as—
‘‘(d) TREATMENT OF PROJECTS.—Notwith- tion 104(b)(5) unless the State has developed, ‘‘(A) the annual carbon dioxide emissions per
standing any other provision of law, any project updated, or amended, as applicable, a freight capita on public roads in the State for the most
to install electric vehicle charging infrastructure plan in accordance with section 70202 of title recent year for which there is data; divided by
shall be treated as if the project is located on a 49.’’; ‘‘(B) the average annual carbon dioxide emis-
Federal-aid highway.’’. (C) in paragraph (5)— sions per capita on public roads in the State in
(b) CLERICAL AMENDMENT.—The analysis for (i) by striking subparagraph (B) and inserting calendar years 2015 through 2019.
chapter 1 of title 23, United States Code, is the following: ‘‘(2) MEASURES.—In conducting the evalua-
amended by inserting after the item relating to ‘‘(B) LIMITATION.—The Federal share of a tion under paragraph (1), the Secretary shall—
section 154 the following new item: project described in subparagraph (C)(xxiii) ‘‘(A) prior to the effective date of the green-
shall fund only elements of such project that house gas performance measures under section
‘‘155. Electric vehicle charging stations.’’.
provide public benefits.’’; and 150(c)(7), use such data as are available, which
(c) ELECTRIC VEHICLE CHARGING SIGNAGE.—
(ii) in subparagraph (C)— may include data on motor fuels usage pub-
The Secretary of Transportation shall update
(I) in clause (iii) by inserting ‘‘and freight lished by the Federal Highway Administration
the Manual on Uniform Traffic Control Devices
management and operations systems’’ after and information on emissions factors or coeffi-
to—
‘‘freight transportation systems’’; and cients published by the Energy Information Ad-
(1) ensure uniformity in providing road users
(II) by amending clause (xxiii) to read as fol- ministration of the Department of Energy; and
direction to electric charging stations that are
lows: ‘‘(B) following the effective date of the green-
open to the public; and
‘‘(xxiii) Freight intermodal or freight rail house gas performance measures under section
(2) allow the use of Specific Service signs for
projects, including— 150(c)(7), use such measures.
electric vehicle charging station providers. ‘‘(g) PROGRESS REPORT.—The Secretary shall
(d) AGREEMENTS RELATING TO THE USE AND ‘‘(I) projects within the boundaries of public
or private freight rail or water facilities (includ- annually issue a carbon pollution reduction
ACCESS OF RIGHTS-OF-WAY OF THE INTERSTATE progress report, to be made publicly available on
SYSTEM.—Section 111 of title 23, United States ing ports);
‘‘(II) projects that provide surface transpor- the website of the Department of Transpor-
Code, is amended by adding at the end the fol- tation, that includes—
lowing: tation infrastructure necessary to facilitate di-
rect intermodal interchange, transfer, and ac- ‘‘(1) the results of the evaluation under sub-
‘‘(f) INTERSTATE SYSTEM RIGHTS-OF WAY.— section (f) for each State; and
‘‘(1) IN GENERAL.—Notwithstanding sub- cess into or out of the facility; and
‘‘(III) any other surface transportation ‘‘(2) a ranking of all the States by the criteria
sections (a) or (b), the Secretary shall permit, under subsection (f), with the States that, for
project to improve the flow of freight into or out
consistent with section 155, the charging of elec- the year covered by such report, have the larg-
of a facility described in subclause (I) or (II).’’;
tric vehicles on rights-of-way of the Interstate est percentage reduction in annual carbon diox-
(D) in paragraph (6) by striking ‘‘paragraph
System in— ide emissions per capita on public roads being
(5)’’ and inserting ‘‘paragraph (3)’’; and
‘‘(A) a rest area; or ranked the highest.
(E) by redesignating paragraphs (4), (5), (6),
‘‘(B) a fringe or corridor parking facility, in- ‘‘(h) HIGH-PERFORMING STATES.—
and (7) as paragraphs (2), (3), (4), and (5), re-
cluding a park and ride facility. ‘‘(1) DESIGNATION.—For purposes of this sec-
spectively; and
‘‘(2) SAVINGS CLAUSE.—Nothing in this sub- tion, each State that is 1 of the 15 highest
(6) in subsection (k)(1)(A)(ii) by striking
section shall permit commercial activities on ranked States, as determined under subsection
‘‘ports-of entry’’ and inserting ‘‘ports-of-entry’’.
rights-of-way of the Interstate System, except as (g)(2), and that achieves a reduction in carbon
SEC. 1213. CARBON POLLUTION REDUCTION.
necessary for the charging of electric vehicles in dioxide emissions per capita on public roads, as
accordance with this subsection.’’. (a) IN GENERAL.—Chapter 1 of title 23, United
determined by the evaluation in subsection (f),
SEC. 1212. NATIONAL HIGHWAY FREIGHT PRO-
States Code, is amended by adding at the end
shall be designated as a high-performing State
GRAM. the following:
for the following fiscal year.
Section 167 of title 23, United States Code, is ‘‘§ 171. Carbon pollution reduction ‘‘(2) USE OF FUNDS.—For each State that is
amended— ‘‘(a) ESTABLISHMENT.—The Secretary shall es- designated as a high-performing State under
(1) in subsection (b)— tablish a carbon pollution reduction program to paragraph (1)—
(A) in paragraph (6) by striking ‘‘; and’’ and support the reduction of greenhouse gas emis- ‘‘(A) notwithstanding section 120, the State
inserting a semicolon; and sions from the surface transportation system. may use funds made available under this title to
(B) by striking paragraph (7) and inserting ‘‘(b) ELIGIBLE PROJECTS.—A project is eligible pay the non-Federal share of a project under
the following: for funding under this section if such project— this section during any year for which such
‘‘(7) to reduce the environmental impacts of ‘‘(1) is expected to yield a significant reduc- State is designated as a high-performing State;
freight movement on the National Highway tion in greenhouse gas emissions from the sur- and
Freight Network, including— face transportation system; ‘‘(B) notwithstanding section 126, the State
‘‘(A) greenhouse gas emissions; ‘‘(2) will help a State meet the greenhouse gas may transfer up to 50 percent of funds appor-
‘‘(B) local air pollution; emissions performance targets established under tioned under section 104(b)(9) to the program
‘‘(C) minimizing, capturing, or treating section 150(c)(7); and under section 104(b)(2) in any year for which
stormwater runoff and addressing other adverse ‘‘(3) is— such State is designated as a high-performing
impacts to water quality; and ‘‘(A) eligible for assistance under this title or State.
‘‘(D) wildlife habitat loss; and under chapter 53 of title 49; or ‘‘(3) TRANSFER.—For each State that is 1 of
‘‘(8) to decrease any adverse impact of freight ‘‘(B) a capital project, as such term is defined the 15 lowest ranked States, as determined
transportation on communities located near in section 22906 of title 49, to improve intercity under subsection (g)(2), the Secretary shall
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freight facilities or freight corridors.’’; rail passenger transportation, provided that the transfer 10 percent of the amount apportioned to
(2) in subsection (e) by adding at the end the project will yield a significant reduction in sin- the State under section 104(b)(2) in the fiscal
following: gle occupant vehicle trips and improve mobility year following the year in which the State is so
‘‘(3) ADDITIONAL MILEAGE.—Notwithstanding on public roads. ranked, not including amounts set aside under
paragraph (2), a State that has designated at ‘‘(c) GUIDANCE.—The Secretary shall issue section 133(d)(1)(A) and under section 133(h) or
least 90 percent of its maximum mileage de- guidance on methods of determining the reduc- 505(a), to the apportionment of the State under
scribed in paragraph (2) may designate up to an tion of single occupant vehicle trips and im- section 104(b)(9).
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2721
‘‘(4) LIMITATION.—The Secretary shall not speed reduction improvements, pedestrian and (A) by striking ‘‘104(b)(3)’’ and inserting
conduct a transfer under paragraph (3)— bicycle crossing improvements, on-street bicycle ‘‘104(b)(4)’’; and
‘‘(A) until the first fiscal year following the facilities, off-street bicycle and pedestrian facili- (B) by striking ‘‘a position’’ and inserting ‘‘at
effective date of greenhouse gas performance ties, secure bicycle parking facilities, and traffic least one full-time positions’’;
measures under section 150(c)(7); and diversion improvements in the vicinity of (2) in subsection (e) by striking ‘‘bicycles’’ and
‘‘(B) with respect to a State in any fiscal year schools. inserting ‘‘pedestrians or bicyclists’’ each place
following the year in which such State achieves ‘‘(B) LOCATION OF PROJECTS.—Infrastructure- such term appears; and
a reduction in carbon dioxide emissions per cap- related projects under subparagraph (A) may be (3) in subsection (j) by striking paragraph (2)
ita on public roads in such year as determined carried out on any public road or any bicycle or and inserting the following:
by the evaluation under subsection (f). pedestrian pathway or trail in the vicinity of ‘‘(2) ELECTRIC BICYCLE.—The term ‘electric bi-
‘‘(i) REPORT.—Not later than 2 years after the schools. cycle’ means mean a bicycle equipped with fully
date of enactment of this section and periodi- ‘‘(2) NONINFRASTRUCTURE-RELATED ACTIVI- operable pedals, a saddle or seat for the rider,
cally thereafter, the Secretary, in consultation TIES.—In addition to projects described in para- and an electric motor of less than 750 watts that
with the Administrator of the Environmental graph (1), a State may obligate funds under this can safely share a bicycle transportation facility
Protection Agency, shall issue a report— section for noninfrastructure-related activities with other users of such facility and meets the
‘‘(1) detailing, based on the best available to encourage walking and bicycling to school, requirements of one of the following three class-
science, what types of projects eligible for assist- including— es:
ance under this section are expected to provide ‘‘(A) public awareness campaigns and out- ‘‘(A) CLASS 1 ELECTRIC BICYCLE.—The term
the most significant greenhouse gas emissions reach to press and community leaders; ‘class 1 electric bicycle’ means an electric bicycle
reductions from the surface transportation sec- ‘‘(B) traffic education and enforcement in the equipped with a motor that provides assistance
tor; and vicinity of schools; only when the rider is pedaling, and that ceases
‘‘(2) detailing, based on the best available ‘‘(C) student sessions on bicycle and pedes- to provide assistance when the bicycle reaches
science, what types of projects eligible for assist- trian safety, health, and environment; the speed of 20 miles per hour.
‘‘(D) programs that address personal safety; ‘‘(B) CLASS 2 ELECTRIC BICYCLE.—The term
ance under this section are not expected to pro-
and ‘class 2 electric bicycle’ means an electric bicycle
vide significant greenhouse gas emissions reduc-
‘‘(E) funding for training, volunteers, and equipped with a motor that may be used exclu-
tions from the surface transportation sector.’’.
managers of safe routes to school programs. sively to propel the bicycle, and that is not ca-
(b) CLERICAL AMENDMENT.—The analysis for
‘‘(3) SAFE ROUTES TO SCHOOL COORDINATOR.— pable of providing assistance when the bicycle
chapter 1 of title 23, United States Code, is
Each State receiving an apportionment under reaches the speed of 20 miles per hour.
amended by adding at the end the following
paragraphs (2) and (3) of section 104(b) shall use ‘‘(C) CLASS 3 ELECTRIC BICYCLE.—The term
new item:
a sufficient amount of the apportionment to ‘class 3 electric bicycle’ means an electric bicycle
‘‘171. Carbon pollution reduction.’’. equipped with a motor that provides assistance
(c) APPLICABILITY.—Subsection (b)(2) of sec- fund a full-time position of coordinator of the
State’s safe routes to school program. only when the rider is pedaling, and that ceases
tion 171 of title 23, United States Code, as added to provide assistance when the bicycle reaches
by this section, shall apply to a State beginning ‘‘(4) RURAL SCHOOL DISTRICT OUTREACH.—A
coordinator described in paragraph (3) shall the speed of 28 miles per hour.’’.
on the first fiscal year following the fiscal year Subtitle C—Project-Level Investments
in which the State sets greenhouse gas perform- conduct outreach to ensure that rural school
ance targets under section 150(d) of title 23, districts in the State are aware of such State’s SEC. 1301. PROJECTS OF NATIONAL AND RE-
safe routes to school program and any funds au- GIONAL SIGNIFICANCE.
United States Code.
thorized by this section. (a) IN GENERAL.—Section 117 of title 23,
SEC. 1214. RECREATIONAL TRAILS.
‘‘(f) FEDERAL SHARE.—The Federal share of United States Code, is amended to read as fol-
Section 206 of title 23, United States Code, is the cost of a project, program, or activity under lows:
amended by adding at the end the following: this section shall be 100 percent. ‘‘§ 117. Projects of national and regional sig-
‘‘(j) USE OF OTHER APPORTIONED FUNDS.— ‘‘(g) CLEARINGHOUSE.— nificance
Funds apportioned to a State under section ‘‘(1) IN GENERAL.—The Secretary shall main-
104(b) that are obligated for recreational trails ‘‘(a) ESTABLISHMENT.—The Secretary shall es-
tain a national safe routes to school clearing- tablish a projects of national and regional sig-
and related projects shall be administered as if house to—
such funds were made available for purposes de- nificance program under which the Secretary
‘‘(A) develop information and educational may make grants to, and establish multiyear
scribed under this section.’’. programs on safe routes to school; and grant agreements with, eligible entities in ac-
SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM. ‘‘(B) provide technical assistance and dissemi- cordance with this section.
(a) IN GENERAL.—Chapter 2 of title 23, United nate techniques and strategies used for success- ‘‘(b) APPLICATIONS.—To be eligible for a grant
States Code, is amended by inserting after sec- ful safe routes to school programs. under this section, an eligible entity shall sub-
tion 210 the following: ‘‘(2) FUNDING.—The Secretary shall carry out mit to the Secretary an application in such
‘‘§ 211. Safe routes to school program this subsection using amounts authorized to be form, in such manner, and containing such in-
‘‘(a) PROGRAM.—The Secretary shall carry out appropriated for administrative expenses under formation as the Secretary may require.
a safe routes to school program for the benefit of section 104(a). ‘‘(c) GRANT AMOUNTS AND PROJECT COSTS.—
children in primary, middle, and high schools. ‘‘(h) TREATMENT OF PROJECTS.—Notwith- ‘‘(1) IN GENERAL.—Each grant made under
‘‘(b) PURPOSES.—The purposes of the program standing any other provision of law, projects this section—
carried out under this section shall be treated as ‘‘(A) shall be in an amount that is at least
shall be—
projects on a Federal-aid highway under chap- $25,000,000; and
‘‘(1) to enable and encourage children, includ-
ter 1 of this title. ‘‘(B) shall be for a project that has eligible
ing those with disabilities, to walk and bicycle
‘‘(i) DEFINITIONS.—In this section, the fol- project costs that are reasonably anticipated to
to school;
lowing definitions apply: equal or exceed the lesser of—
‘‘(2) to make bicycling and walking to school ‘‘(i) $100,000,000; or
a safer and more appealing transportation alter- ‘‘(1) IN THE VICINITY OF SCHOOLS.—The term
‘in the vicinity of schools’ means, with respect ‘‘(ii) in the case of a project—
native, thereby encouraging a healthy and ac- ‘‘(I) located in 1 State or territory, 30 percent
tive lifestyle from an early age; and to a school, the area within bicycling and walk-
ing distance of the school (approximately 2 of the amount apportioned under this chapter to
‘‘(3) to facilitate the planning, development, the State or territory in the most recently com-
and implementation of projects and activities miles).
‘‘(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.— pleted fiscal year; or
that will improve safety and reduce traffic, fuel ‘‘(II) located in more than 1 State or territory,
consumption, and air pollution in the vicinity of The term ‘primary, middle, and high schools’
means schools providing education from kinder- 50 percent of the amount apportioned under this
schools. chapter to the participating State or territory
‘‘(c) USE OF FUNDS.—Amounts apportioned to garten through twelfth grade.’’.
(b) TECHNICAL AND CONFORMING AMEND- with the largest apportionment under this chap-
a State under paragraphs (2) and (3) of section ter in the most recently completed fiscal year.
MENTS.—
104(b) may be used to carry out projects, pro- ‘‘(2) LARGE PROJECTS.—For a project that has
grams, and other activities under this section. (1) REPEAL.—Section 1404 of SAFETEA–LU
eligible project costs that are reasonably antici-
‘‘(d) ELIGIBLE ENTITIES.—Projects, programs, (Public Law 109–59; 119 Stat. 1228–1230), and the
pated to equal or exceed $500,000,000, a grant
and activities funded under this section may be item relating to such section in the table of con-
made under this section—
carried out by eligible entities described under tents in section 1(b) of such Act, are repealed.
‘‘(A) shall be in an amount sufficient to fully
section 133(h)(4)(B) that demonstrate an ability (2) ANALYSIS.—The analysis for chapter 2 of
fund the project, or in the case of a public
to meet the requirements of this section. title 23, United States Code, is amended by in-
transportation project, a minimum operable seg-
‘‘(e) ELIGIBLE PROJECTS AND ACTIVITIES.— serting after the item relating to section 210 the
ment, in combination with other funding
following:
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‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.— sources, including non-Federal financial com-
‘‘(A) IN GENERAL.—A State may obligate funds ‘‘211. Safe routes to school program.’’. mitment, identified in the application; and
under this section for the planning, design, and SEC. 1216. BICYCLE TRANSPORTATION AND PE- ‘‘(B) may be awarded pursuant to the process
construction of infrastructure-related projects DESTRIAN WALKWAYS. under subsection (d), as necessary based on the
that will substantially improve the ability of Section 217 of title 23, United States Code, is amount of the grant.
students to walk and bicycle to school, includ- amended— ‘‘(d) MULTIYEAR GRANT AGREEMENTS FOR
ing sidewalk improvements, traffic calming and (1) in subsection (d)— LARGE PROJECTS.—
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H2722 CONGRESSIONAL RECORD — HOUSE June 30, 2020
‘‘(1) IN GENERAL.—A large project that re- ‘‘(2) LIMITATION.— ‘‘(2) ADDITIONAL CONSIDERATIONS.—In award-
ceives a grant under this section may be carried ‘‘(A) CERTAIN FREIGHT PROJECTS.—Projects de- ing a grant under this section, the Secretary
out through a multiyear grant agreement in ac- scribed in clauses (ii) and (iii) of paragraph shall also consider the following:
cordance with this subsection. (1)(C) may receive a grant under this section ‘‘(A) Whether the project serves low-income
‘‘(2) REQUIREMENTS.—A multiyear grant only if— residents of low-income communities, including
agreement for a large project shall— ‘‘(i) the project will make a significant im- areas of persistent poverty, while not displacing
‘‘(A) establish the terms of participation by provement to the movement of freight on the Na- such residents.
the Federal Government in the project; tional Highway System; and ‘‘(B) Whether the project uses innovative
‘‘(B) establish the amount of Federal financial ‘‘(ii) the Federal share of the project funds technologies, innovative design and construc-
assistance for the project; only elements of the project that provide public tion techniques, or pavement materials that
‘‘(C) establish a schedule of anticipated Fed- benefits. demonstrate reductions in greenhouse gas emis-
eral obligations for the project that provides for ‘‘(B) CERTAIN PROJECTS FOR PERSON THROUGH- sions through sequestration or innovative manu-
obligation of the full grant amount by not later PUT.—Projects described in clauses (ii) and (iii) facturing processes and, if so, the degree to
than 4 fiscal years after the fiscal year in which of paragraph (1)(B) may receive a grant under which such technologies, techniques, or mate-
the initial amount is provided; and this section only if the project will make a sig- rials are used.
‘‘(D) determine the period of time for com- nificant improvement in mobility on public ‘‘(C) Whether the project improves
pleting the project, even if such period extends roads. connectivity between modes of transportation
beyond the period of an authorization. ‘‘(f) ELIGIBLE PROJECT COSTS.—An eligible en- moving people or goods in the Nation or region.
‘‘(3) SPECIAL RULES.— tity receiving a grant under this section may use ‘‘(D) Whether the project provides new or im-
‘‘(A) IN GENERAL.—A multiyear grant agree- such grant for— proved connections between at least 2 metropoli-
ment under this subsection— ‘‘(1) development phase activities, including tan areas with a population of at least 500,000.
‘‘(i) shall obligate an amount of available planning, feasibility analysis, revenue fore- ‘‘(i) PROJECT SELECTION.—
casting, environmental review, preliminary engi- ‘‘(1) EVALUATION.—To evaluate applications
budget authority specified in law; and
for funding under this section, the Secretary
‘‘(ii) may include a commitment, contingent neering and design work, and other
shall—
on amounts to be specified in law in advance for preconstruction activities; and
‘‘(A) determine whether a project is eligible for
commitments under this paragraph, to obligate ‘‘(2) construction, reconstruction, rehabilita-
a grant under this section;
an additional amount from future available tion, acquisition of real property (including ‘‘(B) evaluate, through a methodology that is
budget authority specified in law. land related to the project and improvements to discernible and transparent to the public, how
‘‘(B) CONTINGENT COMMITMENT.—A contingent the land), environmental mitigation, construc- each application addresses the merit criteria
commitment under this subsection is not an obli- tion contingencies, acquisition of equipment, pursuant to subsection (h);
gation of the Federal Government under section and operational improvements directly related to ‘‘(C) assign a quality rating for each merit cri-
1501 of title 31. improving system performance. teria for each application based on the evalua-
‘‘(C) INTEREST AND OTHER FINANCING COSTS.— ‘‘(g) PROJECT REQUIREMENTS.—The Secretary tion in subparagraph (B);
‘‘(i) IN GENERAL.—Interest and other financ- may select a project described under this section ‘‘(D) ensure that applications receive final
ing costs of carrying out a part of the project for funding under this section only if the Sec- consideration by the Secretary to receive an
within a reasonable time shall be considered a retary determines that the project— award under this section only on the basis of
cost of carrying out the project under a ‘‘(1) generates significant regional or national such quality ratings and that the Secretary
multiyear grant agreement, except that eligible economic, mobility, safety, resilience, or envi- gives final consideration only to applications
costs may not be more than the cost of the most ronmental benefits; that meet the minimally acceptable level for
favorable financing terms reasonably available ‘‘(2) is cost effective; each of the merit criteria; and
for the project at the time of borrowing. ‘‘(3) is based on the results of preliminary en- ‘‘(E) award grants only to projects rated high-
‘‘(ii) CERTIFICATION.—The applicant shall cer- gineering; ly under the evaluation and rating process.
tify to the Secretary that the applicant has ‘‘(4) has secured or will secure acceptable lev- ‘‘(2) CONSIDERATIONS FOR LARGE PROJECTS.—
shown reasonable diligence in seeking the most els of non-Federal financial commitments, in- In awarding a grant for a large project, the Sec-
favorable financing terms. cluding— retary shall—
‘‘(4) ADVANCE PAYMENT.—An eligible entity ‘‘(A) 1 or more stable and dependable sources ‘‘(A) consider the amount of funds available
carrying out a large project under a multiyear of funding and financing to construct, main- in future fiscal years for the program under this
grant agreement— tain, and operate the project; and section; and
‘‘(A) may use funds made available to the eli- ‘‘(B) contingency amounts to cover unantici- ‘‘(B) assume the availability of funds in fu-
gible entity under this title or title 49 for eligible pated cost increases; ture fiscal years for the program that extend be-
‘‘(5) cannot be easily and efficiently completed yond the period of authorization based on the
project costs of the large project; and
without additional Federal funding or financial amount made available for the program in the
‘‘(B) shall be reimbursed, at the option of the
assistance available to the project sponsor, be- last fiscal year of the period of authorization.
eligible entity, for such expenditures from the
yond existing Federal apportionments; and ‘‘(3) GEOGRAPHIC DISTRIBUTION.—In awarding
amount made available under the multiyear
‘‘(6) is reasonably expected to begin construc- grants under this section, the Secretary shall
grant agreement for the project in that fiscal
tion not later than 18 months after the date of ensure geographic diversity and a balance be-
year or a subsequent fiscal year.
obligation of funds for the project. tween rural and urban communities among
‘‘(e) ELIGIBLE PROJECTS.—
‘‘(h) MERIT CRITERIA AND CONSIDERATIONS.— grant recipients over fiscal years 2022 through
‘‘(1) IN GENERAL.—The Secretary may make a ‘‘(1) MERIT CRITERIA.—In awarding a grant
grant under this section only for a project that 2025.
under this section, the Secretary shall evaluate ‘‘(4) PUBLICATION OF METHODOLOGY.—
is a project eligible for assistance under this title the following merit criteria: ‘‘(A) IN GENERAL.—Prior to the issuance of
or chapter 53 of title 49 and is— ‘‘(A) The extent to which the project supports any notice of funding opportunity for grants
‘‘(A) a bridge project carried out on the Na- achieving a state of good repair. under this section, the Secretary shall publish
tional Highway System, or that is eligible to be ‘‘(B) The level of benefits the project is ex- and make publicly available on the Depart-
carried out under section 165; pected to generate, including— ment’s website—
‘‘(B) a project to improve person throughput ‘‘(i) the costs avoided by the prevention of clo- ‘‘(i) a detailed explanation of the merit cri-
that is— sure or reduced use of the asset to be improved teria developed under subsection (h);
‘‘(i) a highway project carried out on the Na- by the project; ‘‘(ii) a description of the evaluation process
tional Highway System, or that is eligible to be ‘‘(ii) reductions in maintenance costs over the under this subsection; and
carried out under section 165; life of the asset; ‘‘(iii) how the Secretary shall determine
‘‘(ii) a public transportation project; or ‘‘(iii) safety benefits, including the reduction whether a project satisfies each of the require-
‘‘(iii) a capital project, as such term is defined of accidents and related costs; ments under subsection (g).
in section 22906 of title 49, to improve intercity ‘‘(iv) improved person or freight throughput, ‘‘(B) UPDATES.—The Secretary shall update
rail passenger transportation; or including congestion reduction and reliability and make publicly available on the website of
‘‘(C) a project to improve freight throughput improvements; the Department of Transportation such informa-
that is— ‘‘(v) national and regional economic benefits; tion at any time a revision to the information
‘‘(i) a highway freight project carried out on ‘‘(vi) resilience benefits; described in subparagraph (A) is made.
the National Highway Freight Network estab- ‘‘(vii) environmental benefits, including re- ‘‘(C) INFORMATION REQUIRED.—The Secretary
lished under section 167 or on the National duction in greenhouse gas emissions and air shall include in the published notice of funding
Highway System; quality benefits; and opportunity for a grant under this section de-
‘‘(ii) a freight intermodal, freight rail, or rail- ‘‘(viii) benefits to all users of the project, in- tailed information on the rating methodology
way-highway grade crossing or grade separa- cluding pedestrian, bicycle, nonvehicular, rail- and merit criteria to be used to evaluate appli-
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tion project; or road, and public transportation users. cations, or a reference to the information on the
‘‘(iii) within the boundaries of a public or pri- ‘‘(C) How the benefits compare to the costs of website of the Department of Transportation, as
vate freight rail, water (including ports), or the project. required by subparagraph (A).
intermodal facility and that is a surface trans- ‘‘(D) The average number of people or volume ‘‘(j) FEDERAL SHARE.—
portation infrastructure project necessary to fa- of freight, as applicable, supported by the ‘‘(1) IN GENERAL.—The Federal share of the
cilitate direct intermodal interchange, transfer, project, including visitors based on travel and cost of a project carried out with a grant under
or access into or out of the facility. tourism. this section may not exceed 60 percent.
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2723
‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—Fed- ‘‘(E) proposed grant amounts, including for ‘‘(2) GRANT AMOUNT.—The maximum amount
eral assistance other than a grant under this each new multiyear grant agreement, the pro- of a grant under this section shall be $25,000,000.
section may be used to satisfy the non-Federal posed payout schedule for the project; and ‘‘(c) APPLICATIONS.—To be eligible for a grant
share of the cost of a project for which such a ‘‘(F) an analysis of the impacts of any large under this section, an eligible entity shall sub-
grant is made, except that the total Federal as- projects proposed to be selected on existing com- mit to the Secretary an application in such
sistance provided for a project receiving a grant mitments and anticipated funding levels for the form, at such time, and containing such infor-
under this section may not exceed 80 percent of next 4 fiscal years, based on information avail- mation as the Secretary may require.
the total project cost. able to the Secretary at the time of the report. ‘‘(d) ELIGIBLE PROJECT COSTS.—Grant
‘‘(k) TREATMENT OF PROJECTS.— ‘‘(2) COMMITTEE REVIEW.—Before the last day amounts for an eligible project carried out under
‘‘(1) FEDERAL REQUIREMENTS.—The Secretary of the 60-day period described in paragraph (1), this section may be used for—
shall, with respect to a project funded by a each Committee described in paragraph (1) shall ‘‘(1) development phase activities, including
grant under this section, apply— review the Secretary’s list of proposed projects. planning, feasibility analysis, revenue fore-
‘‘(A) the requirements of this title to a high- ‘‘(3) CONGRESSIONAL DISAPPROVAL.—The Sec- casting, environmental review, preliminary engi-
way project; retary may not make a grant or any other obli- neering and design work, and other
‘‘(B) the requirements of chapter 53 of title 49 gation or commitment to fund a project under preconstruction activities; and
to a public transportation project; and this section if a joint resolution is enacted dis- ‘‘(2) construction, reconstruction, rehabilita-
‘‘(C) the requirements of section 22905 of title approving funding for the project before the last tion, acquisition of real property (including
49 to a passenger rail or freight rail project. day of the 60-day period described in paragraph land related to the project and improvements to
‘‘(2) MULTIMODAL PROJECTS.— (1). such land), environmental mitigation, construc-
‘‘(A) IN GENERAL.—Except as otherwise pro- ‘‘(p) TRANSPARENCY.— tion contingencies, acquisition of equipment,
vided in this paragraph, if an eligible project is ‘‘(1) IN GENERAL.—Not later than 30 days after and operational improvements.
a multimodal project, the Secretary shall— awarding a grant for a project under this sec- ‘‘(e) RURAL AND COMMUNITY SETASIDES.—
‘‘(i) determine the predominant modal compo- ‘‘(1) IN GENERAL.—The Secretary shall re-
tion, the Secretary shall send to all applicants,
nent of the project; and serve—
and publish on the website of the Department of
‘‘(ii) apply the applicable requirements of ‘‘(A) not less than 25 percent of the amounts
Transportation—
such predominant modal component to the made available to carry out this section for
‘‘(A) a summary of each application made to
project. projects located in rural areas; and
‘‘(B) EXCEPTIONS.— the program for the grant application period;
and ‘‘(B) not less than 25 percent of the amounts
‘‘(i) PASSENGER OR FREIGHT RAIL COMPO-
‘‘(B) the evaluation and justification for the made available to carry out this section for
NENT.—For any passenger or freight rail compo-
project selection, including ratings assigned to projects located in urbanized areas with a popu-
nent of a project, the requirements of section
all applications and a list of applications that lation greater than 49,999 individuals and fewer
22907(j)(2) of title 49 shall apply.
‘‘(ii) PUBLIC TRANSPORTATION COMPONENT.— received final consideration by the Secretary to than 200,001 individuals.
For any public transportation component of a receive an award under this section, for the ‘‘(2) DEFINITION OF RURAL AREA.—In this sub-
grant application period. section, the term ‘rural area’ means all areas of
project, the requirements of section 5333 of title
‘‘(2) BRIEFING.—The Secretary shall provide, a State or territory not included in urbanized
49 shall apply.
‘‘(C) BUY AMERICA.—In applying the Buy at the request of a grant applicant under this areas.
American requirements under section 313 of this section, the opportunity to receive a briefing to ‘‘(3) EXCESS FUNDING.—If the Secretary deter-
title and sections 5320, 22905(a), and 24305(f) of explain any reasons the grant applicant was not mines that there are insufficient qualified appli-
title 49 to a multimodal project under this para- awarded a grant. cants to use the funds set aside under this sub-
graph, the Secretary shall— ‘‘(q) DEFINITIONS.—In this section: section, the Secretary may use such funds for
‘‘(i) consider the various modal components of ‘‘(1) AREAS OF PERSISTENT POVERTY.—The grants for any projects eligible under this sec-
the project; and term ‘areas of persistent poverty’ has the mean- tion.
‘‘(ii) seek to maximize domestic jobs. ing given such term in section 172(l). ‘‘(f) EVALUATION.—To evaluate applications
‘‘(3) FEDERAL-AID HIGHWAY REQUIREMENTS.— ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible enti- under this section, the Secretary shall—
Notwithstanding any other provision of this ty’ means— ‘‘(1) develop a process to objectively evaluate
subsection, the Secretary shall require recipients ‘‘(A) a State or a group of States; applications on the benefits of the project pro-
of grants under this section to comply with sub- ‘‘(B) a unit of local government, including a posed in such application—
section (a) of section 113 with respect to public metropolitan planning organization, or a group ‘‘(A) to transportation safety, including re-
transportation projects, passenger rail projects, of local governments; ductions in traffic fatalities and serious injuries;
and freight rail projects, in the same manner ‘‘(C) a political subdivision of a State or local ‘‘(B) to state of good repair, including im-
that recipients of grants are required to comply government; proved condition of bridges and pavements;
with such subsection for construction work per- ‘‘(D) a special purpose district or public au- ‘‘(C) to transportation system access, includ-
formed on highway projects on Federal-aid thority with a transportation function, includ- ing improved access to jobs and services; and
highways. ing a port authority; ‘‘(D) in reducing greenhouse gas emissions;
‘‘(l) TIFIA PROGRAM.—At the request of an el- ‘‘(E) a Tribal government or a consortium of ‘‘(2) develop a rating system to assign a nu-
igible entity under this section, the Secretary Tribal governments; meric value to each application, based on each
may use amounts awarded to the entity to pay ‘‘(F) a Federal agency eligible to receive funds of the criteria described in paragraph (1);
subsidy and administrative costs necessary to under section 201, 203, or 204 that applies jointly ‘‘(3) for each application submitted, compare
provide the entity Federal credit assistance with a State or group of States; the total benefits of the proposed project, as de-
under chapter 6 with respect to the project for ‘‘(G) a territory; and termined by the rating system developed under
which the grant was awarded. ‘‘(H) a multistate or multijurisdictional group paragraph (2), with the costs of such project,
‘‘(m) ADMINISTRATION.—Of the amounts made of entities described in this paragraph.’’. and rank each application based on the results
available to carry out this section, the Secretary (b) CLERICAL AMENDMENT.—The analysis for of the comparison; and
may use up to $5,000,000 for the costs of admin- chapter 1 of title 23, United States Code, is ‘‘(4) ensure that only such applications that
istering the program under this section. amended by striking the item relating to section are ranked highly based on the results of the
‘‘(n) TECHNICAL ASSISTANCE.—Of the amounts 117 and inserting the following: comparison conducted under paragraph (3) are
made available to carry out this section, the ‘‘117. Projects of national and regional signifi- considered to receive a grant under this section.
Secretary may reserve up to $5,000,000 to provide cance.’’. ‘‘(g) WEIGHTING.—In establishing the evalua-
technical assistance to eligible entities. tion process under subsection (f), the Secretary
SEC. 1302. COMMUNITY TRANSPORTATION IN-
‘‘(o) CONGRESSIONAL REVIEW.— VESTMENT GRANT PROGRAM. may assign different weights to the criteria de-
‘‘(1) NOTIFICATION.—Not less than 60 days be- scribed in subsection (f)(1) based on project
(a) IN GENERAL.—Chapter 1 of title 23, United
fore making an award under this section, the type, population served by a project, and other
States Code, as amended by this title, is further
Secretary shall submit to the Committee on context-sensitive considerations, provided that—
amended by adding at the end the following:
Transportation and Infrastructure of the House ‘‘(1) each application is rated on all criteria
‘‘§ 173. Community transportation investment described in subsection (f)(1); and
of Representatives and the Committee on Envi-
grant program ‘‘(2) each application has the same possible
ronment and Public Works, the Committee on
Banking, Housing, and Urban Affairs, and the ‘‘(a) ESTABLISHMENT.—The Secretary shall es- minimum and maximum rating, regardless of
Committee on Commerce, Science, and Transpor- tablish a community transportation investment any differences in the weighting of criteria.
tation of the Senate— grant program to improve surface transportation ‘‘(h) TRANSPARENCY.—
‘‘(A) a list of all applications determined to be safety, state of good repair, accessibility, and ‘‘(1) PUBLICLY AVAILABLE INFORMATION.—
eligible for a grant by the Secretary; environmental quality through infrastructure Prior to the issuance of any notice of funding
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‘‘(B) the quality ratings assigned to each ap- investments. opportunity under this section, the Secretary
plication pursuant to subsection (i); ‘‘(b) GRANT AUTHORITY.— shall make publicly available on the website of
‘‘(C) a list of applications that received final ‘‘(1) IN GENERAL.—In carrying out the pro- the Department of Transportation a detailed ex-
consideration by the Secretary to receive an gram established under subsection (a), the Sec- planation of the evaluation and rating process
award under this section; retary shall make grants, on a competitive basis, developed under subsection (f), including any
‘‘(D) each application proposed to be selected to eligible entities in accordance with this sec- differences in the weighting of criteria pursuant
for a grant award; tion. to subsection (g), if applicable, and update such
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H2724 CONGRESSIONAL RECORD — HOUSE June 30, 2020
website for each revision of the evaluation and tion, the Secretary shall send to all applicants, ‘‘(4) summarizes the progress and implementa-
rating process. and publish on the website of the Department of tion of the grant program under subsection (f),
‘‘(2) NOTIFICATIONS TO CONGRESS.—The Sec- Transportation— including—
retary shall submit to the Committee on Trans- ‘‘(A) a summary of each application made to ‘‘(A) a description of how funds awarded
portation and Infrastructure of the House of the program for the grant application period; through the grant program under subsection (f)
Representatives, the Committee on Environment and will aid efforts to achieve strategic deployment
and Public Works of the Senate, the Committee ‘‘(B) the evaluation and justification for the of electric vehicle charging infrastructure, nat-
on Banking, Housing, and Urban Affairs of the project selection, including ratings and rankings ural gas fueling, propane fueling, and hydrogen
Senate, and the Committee on Commerce, assigned to all applications and a list of appli- fueling infrastructure in those corridors;
Science, and Transportation of the Senate the cations that received final consideration by the ‘‘(B) the total number and location of charg-
following written notifications: Secretary to receive an award under this sec- ing and fueling stations installed under sub-
‘‘(A) A notification when the Secretary pub- tion, for the grant application period. section (f); and
lishes or updates the information required under ‘‘(2) BRIEFING.—The Secretary shall provide, ‘‘(C) the total estimated greenhouse gas emis-
paragraph (1). at the request of a grant applicant under this sions that have been reduced through the use of
‘‘(B) Not later than 30 days prior to the date section, the opportunity to receive a briefing to electric vehicle charging, natural gas fueling,
on which the Secretary awards a grant under explain any reasons the grant applicant was not propane fueling, or hydrogen fueling infrastruc-
this section, a notification that includes— awarded a grant. ture funded under subsection (f) using the meth-
‘‘(i) the ratings of each application submitted ‘‘(m) DEFINITIONS.—In this section: odology identified in paragraph (3)(B).’’; and
pursuant to subsection (f)(2); ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti- (5) by adding at the end the following:
‘‘(ii) the ranking of each application sub- ty’ means— ‘‘(f) ELECTRIC VEHICLE CHARGING, NATURAL
mitted pursuant to subsection (f)(3); and ‘‘(A) a metropolitan planning organization; GAS FUELING, PROPANE FUELING, AND HYDRO-
‘‘(iii) a list of all applications that receive ‘‘(B) a unit of local government; GEN FUELING INFRASTRUCTURE GRANTS.—
final consideration by the Secretary to receive ‘‘(C) a transit agency; ‘‘(1) ESTABLISHMENT.—Not later than 1 year
an award under this section pursuant to sub- ‘‘(D) a Tribal Government or a consortium of after the date of enactment of the INVEST in
section (f)(4). Tribal governments; America Act, the Secretary shall establish a
‘‘(C) Not later than 3 business days prior to ‘‘(E) a multijurisdictional group of entities de- grant program to award grants to eligible enti-
the date on which the Secretary announces the scribed in this paragraph; ties for electric vehicle charging, natural gas
award of a grant under this section, a notifica- ‘‘(F) a special purpose district with a trans-
fueling, propane fueling, and hydrogen fueling
tion describing each grant to be awarded, in- portation function or a port authority;
infrastructure projects.
cluding the amount and the recipient. ‘‘(G) a territory; or
‘‘(2) ELIGIBLE ENTITY.—An entity eligible to
‘‘(i) TECHNICAL ASSISTANCE.—Of the amounts ‘‘(H) a State that applies for a grant under
receive a grant under this subsection is—
made available to carry out this section, the this section jointly with an entity described in
‘‘(A) a State (as such term is defined in sec-
Secretary may reserve up to $3,000,000 to provide subparagraphs (A) through (G).
‘‘(2) ELIGIBLE PROJECT.—The term ‘eligible tion 401) or political subdivision of a State;
technical assistance to eligible entities. ‘‘(B) a metropolitan planning organization;
‘‘(j) ADMINISTRATION.—Of the amounts made project’ means any project eligible under this
‘‘(C) a unit of local government;
available to carry out this section, the Secretary title or chapter 53 of title 49.’’.
‘‘(D) a special purpose district or public au-
may reserve up to $5,000,000 for the administra- (b) CLERICAL AMENDMENT.—The analysis for
thority with a transportation function, includ-
tive costs of carrying out the program under this chapter 1 of title 23, United States Code, is fur-
ing a port authority;
section. ther amended by adding at the end the fol-
‘‘(E) a Tribal government;
‘‘(k) TREATMENT OF PROJECTS.— lowing new item:
‘‘(F) an authority, agency, or instrumentality
‘‘(1) FEDERAL REQUIREMENTS.—The Secretary ‘‘173. Community transportation investment of, or an entity owned by, 1 or more of the enti-
shall, with respect to a project funded by a grant program.’’. ties described in subparagraphs (A) through (E);
grant under this section, apply— SEC. 1303. GRANTS FOR CHARGING AND FUELING or
‘‘(A) the requirements of this title to a high- INFRASTRUCTURE TO MODERNIZE ‘‘(G) a group of entities described in subpara-
way project; AND RECONNECT AMERICA FOR THE
21ST CENTURY.
graphs (A) through (F).
‘‘(B) the requirements of chapter 53 of title 49 ‘‘(3) APPLICATION.—To be eligible to receive a
to a public transportation project; and (a) PURPOSE.—The purpose of this section is
grant under this subsection, an eligible entity
‘‘(C) the requirements of section 22905 of title to establish a grant program to strategically de-
shall submit to the Secretary an application at
49 to a passenger rail or freight rail project. ploy electric vehicle charging infrastructure,
such time, in such manner, and containing such
‘‘(2) MULTIMODAL PROJECTS.— natural gas fueling, propane fueling, and hy-
‘‘(A) IN GENERAL.—Except as otherwise pro- information as the Secretary shall require, in-
drogen fueling infrastructure along designated
vided in this paragraph, if an eligible project is cluding—
alternative fuel corridors that will be accessible
‘‘(A) a description of—
a multimodal project, the Secretary shall— to all drivers of electric vehicles, natural gas ve-
‘‘(i) determine the predominant modal compo- ‘‘(i) the public accessibility of the charging or
hicles, propane vehicles, and hydrogen vehicles.
nent of the project; and fueling infrastructure proposed to be funded
(b) GRANT PROGRAM.—Section 151 of title 23,
‘‘(ii) apply the applicable requirements of with a grant under this subsection, including—
United States Code, is amended—
such predominant modal component to the ‘‘(I) charging or fueling connector types;
(1) in subsection (a) by striking ‘‘Not later
project. ‘‘(II) publicly available information on real-
than 1 year after the date of enactment of the
‘‘(B) EXCEPTIONS.— time availability; and
FAST Act, the Secretary shall’’ and inserting
‘‘(i) PASSENGER OR FREIGHT RAIL COMPO- ‘‘(III) payment methods available to all mem-
‘‘The Secretary shall periodically’’;
NENT.—For any passenger or freight rail compo- (2) in subsection (b)(2) by inserting ‘‘pre- bers of the public to ensure secure, convenient,
nent of a project, the requirements of section viously designated by the Federal Highway Ad- fair, and equal access and not limited by mem-
22907(j)(2) of title 49 shall apply. ministration or’’ after ‘‘fueling corridors’’; bership to a particular provider;
‘‘(ii) PUBLIC TRANSPORTATION COMPONENT.— (3) in subsection (d)— ‘‘(ii) collaborative engagement with the entity
For any public transportation component of a (A) by striking ‘‘5 years after the date of es- with jurisdiction over the roadway and any
project, the requirements of section 5333 of title tablishment of the corridors under subsection other relevant stakeholders (including auto-
49 shall apply. (a), and every 5 years thereafter’’ and inserting mobile manufacturers, utilities, infrastructure
‘‘(C) BUY AMERICA.—In applying the Buy ‘‘180 days after the date of enactment of the IN- providers, technology providers, electric charg-
American requirements under section 313 of this VEST in America Act’’; and ing, natural gas, propane, and hydrogen fuel
title and sections 5320, 22905(a), and 24305(f) of (B) by inserting ‘‘establish a recurring process providers, metropolitan planning organizations,
title 49 to a multimodal project under this para- to regularly’’ after ‘‘the Secretary shall’’; States, Indian Tribes, units of local government,
graph, the Secretary shall— (4) in subsection (e)— fleet owners, fleet managers, fuel station owners
‘‘(i) consider the various modal components of (A) in paragraph (1) by striking ‘‘; and’’ and and operators, labor organizations, infrastruc-
the project; and inserting a semicolon; ture construction and component parts sup-
‘‘(ii) seek to maximize domestic jobs. (B) in paragraph (2)— pliers, and multistate and regional entities)—
‘‘(3) FEDERAL-AID HIGHWAY REQUIREMENTS.— (i) by striking ‘‘establishes an aspirational ‘‘(I) to foster enhanced, coordinated, public-
Notwithstanding any other provision of this goal of achieving’’ and inserting ‘‘describes ef- private or private investment in electric vehicle
subsection, the Secretary shall require recipients forts to achieve’’; and charging, natural gas fueling, propane fueling,
of grants under this section to comply with sub- (ii) by striking ‘‘by the end of fiscal year and hydrogen fueling infrastructure;
section (a) of section 113 with respect to public 2020.’’ and inserting a semicolon; and ‘‘(II) to expand deployment of electric vehicle
transportation projects, passenger rail projects, (C) by adding at the end the following: charging, natural gas fueling, propane fueling,
and freight rail projects, in the same manner ‘‘(3) summarizes best practices and provides or hydrogen fueling infrastructure;
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that recipients of grants are required to comply guidance, developed through consultation with ‘‘(III) to protect personal privacy and ensure
with such subsection for construction work per- the Secretary of Energy, for project development cybersecurity; and
formed on highway projects on Federal-aid of electric vehicle charging infrastructure, hy- ‘‘(IV) to ensure that a properly trained work-
highways. drogen fueling infrastructure, and natural gas force is available to construct and install elec-
‘‘(l) TRANSPARENCY.— fueling infrastructure at the State, tribal, and tric vehicle charging, natural gas fueling, pro-
‘‘(1) IN GENERAL.—Not later than 30 days after local level to allow for the predictable deploy- pane fueling, or hydrogen fueling infrastruc-
awarding a grant for a project under this sec- ment of such infrastructure; and ture;
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2725
‘‘(iii) the location of the station or fueling drogen fueling infrastructure acquired and in- ‘‘(7) FEDERAL SHARE.—The Federal share of
site, including consideration of— stalled with a grant under this subsection shall the cost of a project carried out with a grant
‘‘(I) the availability of onsite amenities for ve- be located along an alternative fuel corridor under this subsection shall not exceed 80 percent
hicle operators, including restrooms or food fa- designated under this section or by a State or of the total project cost.’’.
cilities; group of States. SEC. 1304. COMMUNITY CLIMATE INNOVATION
‘‘(II) access in compliance with the Americans ‘‘(ii) EXCEPTION.—Notwithstanding clause (i), GRANTS.
with Disabilities Act of 1990 (42 U.S.C. 12101 et the Secretary may make a grant for electric ve- (a) IN GENERAL.—Chapter 1 of title 23, United
seq.); hicle charging or hydrogen fueling infrastruc- States Code, as amended by this title, is further
‘‘(III) height and fueling capacity require- ture not on a designated alternative fuel cor- amended by inserting after section 171 the fol-
ments for facilities that charge or refuel large ridor if the applicant demonstrates that the pro- lowing:
vehicles, including semitrailer trucks; and posed charging or fueling infrastructure would ‘‘§ 172. Community climate innovation grants
‘‘(IV) appropriate distribution to avoid redun- expand deployment of electric vehicle charging ‘‘(a) ESTABLISHMENT.—The Secretary shall es-
dancy and fill charging or fueling gaps; or hydrogen fueling to a greater number of users
‘‘(iv) infrastructure installation that can be tablish a community climate innovation grant
than investments on such corridor. program (in this section referred to as the ‘Pro-
responsive to technology advancements, includ- ‘‘(C) OPERATING ASSISTANCE.—
ing accommodating autonomous vehicles and fu- ‘‘(i) IN GENERAL.—Subject to clauses (ii) and gram’) to make grants, on a competitive basis,
ture charging methods; (iii), an eligible entity that receives a grant for locally selected projects that reduce green-
‘‘(v) the long-term operation and maintenance under this subsection may use a portion of the house gas emissions while improving the mobil-
of the electric vehicle charging or hydrogen funds for operating assistance for the first 5 ity, accessibility, and connectivity of the surface
fueling infrastructure to avoid stranded assets years of operations after the installation of elec- transportation system.
‘‘(b) PURPOSE.—The purpose of the Program
and protect the investment of public funds in tric vehicle charging, natural gas fueling, pro-
shall be to support communities in reducing
such infrastructure; and pane fueling, or hydrogen fueling infrastructure
‘‘(vi) in the case of an applicant that is not a greenhouse gas emissions from the surface
while the facility transitions to independent sys-
State department of transportation, the degree transportation system.
tem operations. ‘‘(c) ELIGIBLE APPLICANTS.—The Secretary
of coordination with the applicable State de- ‘‘(ii) INCLUSION.—Operating assistance under
may make grants under the Program to the fol-
partment of transportation; and this subparagraph shall be limited to costs allo-
‘‘(B) an assessment of the estimated green- lowing entities:
cable to operating and maintaining the electric ‘‘(1) A metropolitan planning organization.
house gas emissions and air pollution from vehi- vehicle charging, natural gas fueling, propane ‘‘(2) A unit of local government or a group of
cle emissions that will be reduced through the fueling, or hydrogen fueling infrastructure and local governments, or a county or multi-county
use of electric vehicle charging, natural gas service. special district.
fueling, propane fueling, or hydrogen fueling ‘‘(iii) LIMITATION.—Operating assistance ‘‘(3) A subdivision of a local government.
infrastructure, which shall be conducted using under this subparagraph may not exceed the ‘‘(4) A transit agency.
one standardized methodology or tool as deter- amount of a contract under subparagraph (A) to ‘‘(5) A special purpose district with a trans-
mined by the Secretary. acquire and install electric vehicle charging, portation function or a port authority.
‘‘(4) CONSIDERATIONS.—In selecting eligible natural gas fueling, propane fueling, or hydro- ‘‘(6) A Tribal government or a consortium of
entities to receive a grant under this subsection, gen fueling infrastructure. tribal governments.
the Secretary shall— ‘‘(D) SIGNS.— ‘‘(7) A territory.
‘‘(A) consider the extent to which the applica- ‘‘(i) IN GENERAL.—Subject to this paragraph ‘‘(8) A multijurisdictional group of entities de-
tion of the eligible entity would— and paragraph (6)(B), an eligible entity that re- scribed in paragraphs (1) through (7).
‘‘(i) reduce estimated greenhouse gas emis- ceives a grant under this subsection may use a ‘‘(d) APPLICATIONS.—To be eligible for a grant
sions and air pollution from vehicle emissions, portion of the funds to acquire and install— under the Program, an entity specified in sub-
weighted by the total Federal investment in the ‘‘(I) traffic control devices located in the section (c) shall submit to the Secretary an ap-
project; right-of-way to provide directional information plication in such form, at such time, and con-
‘‘(ii) improve alternative fueling corridor net- to electric vehicle charging, natural gas fueling, taining such information as the Secretary deter-
works by— propane fueling, or hydrogen fueling infrastruc- mines appropriate.
‘‘(I) converting corridor-pending corridors to ture acquired, installed, or operated with the ‘‘(e) ELIGIBLE PROJECTS.—The Secretary may
corridor-ready corridors; or grant under this subsection; and only provide a grant under the Program for a
‘‘(II) in the case of corridor-ready corridors, ‘‘(II) on-premises signs to provide information project that is expected to yield a significant re-
providing additional capacity— about electric vehicle charging, natural gas duction in greenhouse gas emissions from the
‘‘(aa) to meet excess demand for charging or fueling, propane fueling, or hydrogen fueling surface transportation system and—
fueling infrastructure; or infrastructure acquired, installed, or operated ‘‘(1) is a project eligible for assistance under
‘‘(bb) to reduce congestion at existing charg- with a grant under this subsection. this title or under chapter 53 of title 49 or sup-
ing or fueling infrastructure in high-traffic lo- ‘‘(ii) REQUIREMENT.—Any traffic control de- ports fueling infrastructure for fuels defined
cations; vice or on-premises sign acquired, installed, or under section 9001(5) of the Farm Security and
‘‘(iii) meet current or anticipated market de- operated with a grant under this subsection Rural Investment Act of 2002 (7 U.S.C. 8101(5));
mands for charging or fueling infrastructure; shall comply with the Manual on Uniform Traf- or
‘‘(iv) enable or accelerate the construction of fic Control Devices, if located in the highway ‘‘(2) is a capital project as defined in section
charging or fueling infrastructure that would be right-of-way. 22906 of title 49 to improve intercity passenger
unlikely to be completed without Federal assist- ‘‘(E) REVENUE.—An eligible entity receiving a rail that will yield a significant reduction in
ance; grant under this subsection and a private entity single occupant vehicle trips and improve mobil-
‘‘(v) support a long-term competitive market referred to in subparagraph (F) may enter into ity on public roads.
for electric vehicle charging infrastructure, nat- a cost-sharing agreement under which the pri- ‘‘(f) ELIGIBLE USES.—Grant amounts received
ural gas fueling, propane fueling, or hydrogen vate entity submits to the eligible entity a por- for a project under the Program may be used
fueling infrastructure that does not signifi- tion of the revenue from the electric vehicle for—
cantly impair existing electric vehicle charging charging, natural gas fueling, propane fueling, ‘‘(1) development phase activities, including
or hydrogen fueling infrastructure providers; or hydrogen fueling infrastructure. planning, feasibility analysis, revenue fore-
and ‘‘(F) PRIVATE ENTITY.— casting, environmental review, preliminary engi-
‘‘(vi) reduce greenhouse gas emissions in es- ‘‘(i) IN GENERAL.—An eligible entity receiving neering and design work, and other
tablished goods-movement corridors, locations a grant under this subsection may use the funds preconstruction activities; and
serving first- and last-mile freight near ports in accordance with this paragraph to contract ‘‘(2) construction, reconstruction, rehabilita-
and freight hubs, and locations that optimize with a private entity for installation, operation, tion, acquisition of real property (including
infrastructure networks and reduce hazardous or maintenance of electric vehicle charging, nat- land related to the project and improvements to
air pollutants in communities disproportionately ural gas fueling, propane fueling, or hydrogen the land), environmental mitigation, construc-
impacted by such pollutants; and fueling infrastructure. tion contingencies, acquisition of equipment,
‘‘(B) ensure, to the maximum extent prac- ‘‘(ii) INCLUSION.—An eligible private entity in- and operational improvements.
ticable, geographic diversity among grant recipi- cludes privately, publicly, or cooperatively ‘‘(g) PROJECT PRIORITIZATION.—In making
ents to ensure that electric vehicle charging in- owned utilities, private electric vehicle service grants for projects under the Program, the Sec-
frastructure or hydrogen fueling infrastructure equipment and hydrogen fueling infrastructure retary shall give priority to projects that are ex-
is available throughout the United States. providers, and retail fuel stations. pected to yield the most significant reductions in
‘‘(5) USE OF FUNDS.— ‘‘(6) PROJECT REQUIREMENTS.— greenhouse gas emissions from the surface
‘‘(A) IN GENERAL.—Any grant made under this ‘‘(A) IN GENERAL.—Notwithstanding any other transportation system.
subsection shall be— provision of law, any project funded by a grant ‘‘(h) ADDITIONAL CONSIDERATIONS.—In mak-
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‘‘(i) directly related to the charging or fueling under this subsection shall be treated as a ing grants for projects under the Program, the
of a vehicle; and project on a Federal-aid highway. Secretary shall consider the extent to which—
‘‘(ii) only for charging or fueling infrastruc- ‘‘(B) ELECTRIC VEHICLE CHARGING PROJECTS.— ‘‘(1) a project maximizes greenhouse gas re-
ture that is open to the general public. A project for electric vehicle charging infra- ductions in a cost-effective manner;
‘‘(B) LOCATION OF INFRASTRUCTURE.— structure funded by a grant under this sub- ‘‘(2) a project reduces dependence on single-
‘‘(i) IN GENERAL.—Any electric vehicle charg- section shall be subject to the requirements of occupant vehicle trips or provides additional
ing, natural gas fueling, propane fueling, or hy- section 155. transportation options;
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H2726 CONGRESSIONAL RECORD — HOUSE June 30, 2020
‘‘(3) a project improves the connectivity and with such subsection for construction work per- (ii) the achievement of metropolitan or state-
accessibility of the surface transportation sys- formed on highway projects on Federal-aid wide performance targets established under sec-
tem, particularly to low- and zero-emission highways. tion 150(d) of such title;
forms of transportation, including public trans- ‘‘(k) SINGLE-OCCUPANCY VEHICLE HIGHWAY (F) whether the applicant is a designated re-
portation, walking, and bicycling; FACILITIES.—None of the funds provided under cipient of funds from the Federal Transit Ad-
‘‘(4) an applicant has adequately considered this section may be used for a project that will ministration as described under subsections (A)
or will adequately consider, including through result in the construction of new capacity avail- and (B) of section 5302(4) of title 49, United
the opportunity for public comment, the envi- able to single occupant vehicles unless the States Code; and
ronmental justice and equity impacts of the project consists of a high-occupancy vehicle fa- (G) any other criteria established by the Sec-
project; cility and is consistent with section 166. retary.
‘‘(5) a project contributes to geographic diver- ‘‘(l) DEFINITION OF AREAS OF PERSISTENT (4) REQUIREMENTS.—
sity among grant recipients, including to POVERTY.—In this section, the term ‘areas of (A) CALL FOR NOMINATION.—Not later than
achieve a balance between urban, suburban, persistent poverty’ means— February 1, 2022, the Secretary shall publish in
and rural communities; ‘‘(1) any county that has had 20 percent or the Federal Register a notice soliciting applica-
‘‘(6) a project serves low-income residents of more of the population of such county living in tions for designation under this subsection.
low-income communities, including areas of per- poverty over the past 30 years, as measured by (B) GUIDANCE.—The notification under para-
sistent poverty, while not displacing such resi- the 1990 and 2000 decennial censuses and the graph (1) shall include guidance on the require-
dents; most recent Small Area Income and Poverty Es- ments and responsibilities of a direct recipient
‘‘(7) a project uses pavement materials that timates; under this section, including implementing regu-
demonstrate reductions in greenhouse gas emis- ‘‘(2) any census tract with a poverty rate of at lations.
sions through sequestration or innovative manu- least 20 percent, as measured by the most recent (C) DETERMINATION.—The Secretary shall
facturing processes; 5-year data series available from the American make all designations under this section for fis-
‘‘(8) a project repurposes neglected or Community Survey of the Bureau of the Census cal year 2023 not later than June 1, 2022.
underused infrastructure, including abandoned for all States and Puerto Rico; or (5) TERM.—Except as provided in paragraph
highways, bridges, railways, trail ways, and ad- ‘‘(3) any other territory or possession of the (6), a designation under this subsection shall—
jacent underused spaces, into new hybrid forms United States that has had 20 percent or more of (A) be for a period of not less than 5 years;
of public space that support multiple modes of its population living in poverty over the past 30 and
years, as measured by the 1990, 2000, and 2010 (B) be renewable.
transportation; and
island areas decennial censuses, or equivalent (6) TERMINATION.—
‘‘(9) a project includes regional multimodal
(A) IN GENERAL.—The Secretary shall estab-
transportation system management and oper- data, of the Bureau of the Census.’’.
(b) CLERICAL AMENDMENT.—The analysis for lish procedures for the termination of a designa-
ations elements that will improve the effective-
chapter 1 of title 23, United States Code, is tion under this subsection.
ness of such project and encourage reduction of (B) CONSIDERATIONS.—In establishing proce-
single occupancy trips by providing the ability amended by inserting after the item relating to
dures under subparagraph (A), the Secretary
of users to plan, use, and pay for multimodal section 171 the following:
shall consider—
transportation alternatives. ‘‘172. Community climate innovation grants.’’. (i) with respect to projects carried out under
‘‘(i) FUNDING.— SEC. 1305. METRO PERFORMANCE PROGRAM. this section, compliance with the requirements
‘‘(1) MAXIMUM AMOUNT.—The maximum (a) ESTABLISHMENT.—The Secretary of Trans- of title 23, United States Code, or chapter 53 of
amount of a grant under the Program shall be portation shall directly allocate funds in accord- title 49, United States Code; and
$25,000,000. ance with this section to enhance local decision (ii) the obligation rate of any funds—
‘‘(2) TECHNICAL ASSISTANCE.—Of the amounts making and control in delivering projects to ad- (I) made available under this section; and
made available to carry out the Program, the dress local transportation needs. (II) in the case of a metropolitan planning or-
Secretary may use up to 1 percent to provide (b) DESIGNATION.— ganization that represents a metropolitan plan-
technical assistance to applicants and potential (1) IN GENERAL.—The Secretary shall des- ning area with an urbanized area population of
applicants. ignate direct recipients based on the criteria in greater than 200,000, made available under sec-
‘‘(j) TREATMENT OF PROJECTS.— paragraph (3) to be direct recipients of funds tion 133(d)(1)(A)(i) of title 23, United States
‘‘(1) FEDERAL REQUIREMENTS.—The Secretary under this section. Code.
shall, with respect to a project funded by a (2) RESPONSIBILITIES.—A direct recipient shall (c) USE OF FUNDS.—
grant under this section, apply— be responsible for compliance with any require- (1) ELIGIBLE PROJECTS.—Funds made avail-
‘‘(A) the requirements of this title to a high- ments related to the use of Federal funds vested able under this section may be obligated for the
way project; in a State department of transportation under purposes described in section 133(b) of title 23,
‘‘(B) the requirements of chapter 53 of title 49 chapter 1 of title 23, United States Code. United States Code.
to a public transportation project; and (3) CRITERIA.—In designating an applicant (2) ADMINISTRATIVE EXPENSES AND TECHNICAL
‘‘(C) the requirements of section 22905 of title under this subsection, the Secretary shall con- ASSISTANCE.—Of the amounts made available
49 to a passenger rail or freight rail project. sider— under this section, the Secretary may set aside
‘‘(2) MULTIMODAL PROJECTS.— (A) the legal, financial, and technical capac- not more than $5,000,000 for program manage-
‘‘(A) IN GENERAL.—Except as otherwise pro- ity of the applicant; ment, oversight, and technical assistance to di-
vided in this paragraph, if an eligible project is (B) the level of coordination between the ap- rect recipients.
a multimodal project, the Secretary shall— plicant and— (d) RESPONSIBILITIES OF DIRECT RECIPIENTS.—
‘‘(i) determine the predominant modal compo- (i) the State department of transportation of (1) DIRECT AVAILABILITY OF FUNDS.—Notwith-
nent of the project; and the State or States in which the metropolitan standing title 23, United States Code, the
‘‘(ii) apply the applicable requirements of planning area represented by the applicant is amounts made available under this section shall
such predominant modal component to the located; be allocated to each direct recipient for obliga-
project. (ii) local governments and providers of public tion.
‘‘(B) EXCEPTIONS.— transportation within the metropolitan planning (2) PROJECT DELIVERY.—
‘‘(i) PASSENGER OR FREIGHT RAIL COMPO- area represented by the applicant; and (A) IN GENERAL.—The direct recipient may
NENT.—For any passenger or freight rail compo- (iii) if more than 1 metropolitan planning or- collaborate with a State, unit of local govern-
nent of a project, the requirements of section ganization is designated within an urbanized ment, regional entity, or transit agency to carry
22907(j)(2) of title 49 shall apply. area represented by the applicant, any other out a project under this section and ensure com-
‘‘(ii) PUBLIC TRANSPORTATION COMPONENT.— such metropolitan planning organization; pliance with all applicable Federal require-
For any public transportation component of a (C) in the case of an applicant that represents ments.
project, the requirements of section 5333 of title an urbanized area population of greater than (B) STATE AUTHORITY.—The State may exer-
49 shall apply. 200,000, the effectiveness of project delivery and cise, on behalf of the direct recipient, any avail-
‘‘(C) BUY AMERICA.—In applying the Buy timely obligation of funds made available under able decisionmaking authorities or actions as-
American requirements under section 313 of this section 133(d)(1)(A)(i) of title 23, United States sumed from the Secretary.
title and sections 5320, 22905(a), and 24305(f) of Code; (C) USE OF FUNDS.—The direct recipient may
title 49 to a multimodal project under this para- (D) if the applicant or a local government use amounts made available under this section
graph, the Secretary shall— within the metropolitan planning area that the to compensate a State, unit of local government,
‘‘(i) consider the various modal components of applicant represents has been the recipient of a regional entity, or transit agency for costs in-
the project; and discretionary grant from the Secretary within curred in providing assistance under this para-
‘‘(ii) seek to maximize domestic jobs. the preceding 5 years, the administration of graph.
‘‘(3) FEDERAL-AID HIGHWAY REQUIREMENTS.— such grant; (3) DISTRIBUTION OF AMOUNTS AMONG DIRECT
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Notwithstanding any other provision of this (E) the extent to which the planning and deci- RECIPIENTS.—
subsection, the Secretary shall require recipients sion making process of the applicant, including (A) IN GENERAL.—Subject to subparagraph
of grants under this section to comply with sub- the long-range transportation plan and the ap- (B), on the first day of the fiscal year for which
section (a) of section 113 with respect to public proved transportation improvement program funds are made available under this section, the
transportation projects, passenger rail projects, under section 134 of such title, support— Secretary shall allocate such funds to each di-
and freight rail projects, in the same manner (i) the performance goals established under rect recipient as the proportion of the popu-
that recipients of grants are required to comply section 150(b) of such title; and lation (as determined by data collected by the
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2727
Bureau of the Census) of the urbanized area (f) TREATMENT OF FUNDS.— (c) ELIGIBLE APPLICANTS.—The Secretary may
represented by any 1 direct recipient bears to (1) IN GENERAL.—Except as provided in this make grants under this section to an applicant
the total population of all of urbanized areas section, funds made available to carry out this that is serving a combined statistical area, as
represented by all direct recipients. section shall be administered as if apportioned defined by the Office of Management and Budg-
(B) MINIMUM AND MAXIMUM AMOUNTS.—Of under chapter 1 of title 23, United States Code. et, with a population of not less than 1,300,000
funds allocated to direct recipients under sub- (2) FEDERAL SHARE.—The Federal share of the and that is—
paragraph (A), each direct recipient shall re- cost of a project carried out under this section (1) a metropolitan planning organization;
ceive not less than $10,000,000 and not more shall be determined in accordance with section (2) a unit of local government or a group of
than $50,000,000 each fiscal year. 120 of title 23, United States Code. local governments;
(C) MINIMUM GUARANTEED AMOUNT.—In mak- (g) REPORT.— (3) a multijurisdictional group of entities de-
ing a determination whether to designate a met- (1) DIRECT RECIPIENT REPORT.—Not later than scribed in paragraphs (1) and (2); or
ropolitan planning organization as a direct re- 60 days after the end of each fiscal year, each (4) a State that is in partnership with an enti-
cipient under subsection (b), the Secretary shall direct recipient shall submit to the Secretary a ty or group of entities described in paragraph
ensure that each direct recipient receives the report that includes— (1), (2), or (3).
minimum required allocation under subpara- (A) a list of projects funded with amounts pro- (d) ELIGIBLE PROJECTS.—The Secretary may
graph (B). vided under this section; award grants under this section to applicants
(D) ADDITIONAL AMOUNTS.—If any amounts (B) a description of any obstacles to complete that submit a comprehensive program of surface
remain undistributed after the distribution de- projects or timely obligation of funds; and transportation-related projects to reduce traffic
scribed in this subsection, such remaining (C) recommendations to improve the effective- congestion and related adverse impacts, includ-
amounts and an associated amount of obligation ness of the program under this section. ing a project for 1 or more of the following:
limitation shall be made available as if suballo- (2) REPORT TO CONGRESS.—Not later than Oc- (1) Transportation systems management and
cated under clauses (i) and (ii) of section tober 1, 2024, the Secretary shall submit to the operations.
133(d)(1)(A) of title 23, United States Code, and Committee on Environment and Public Works of (2) Intelligent transportation systems.
distributed among the States in the proportion the Senate and the Committee on Transpor- (3) Real-time traveler information.
that the relative shares of the population (as de- tation and Infrastructure of the House of Rep- (4) Traffic incident management.
resentatives a report that— (5) Active traffic management.
termined by data collected by the Bureau of the
(A) summarizes the findings of each direct re- (6) Traffic signal timing.
Census) of the urbanized areas of each State (7) Multimodal travel payment systems.
bears to the total populations of all urbanized cipient provided under paragraph (1);
(B) describes the efforts undertaken by both (8) Transportation demand management, in-
areas across all States. cluding employer-based commuting programs
(4) ASSUMPTION OF RESPONSIBILITY OF THE direct recipients and the Secretary to ensure
compliance with the requirements of title 23 and such as carpool, vanpool, transit benefit, park-
SECRETARY.—
chapter 53 of title 49, United States Code; ing cashout, shuttle, or telework programs.
(A) IN GENERAL.—For projects carried out (9) A project to provide transportation options
with funds provided under this section, the di- (C) analyzes the capacity of direct recipients
to receive direct allocations of funds under to reduce traffic congestion, including—
rect recipient may assume the responsibilities of (A) a project under chapter 53 of title 49,
the Secretary under section 106 of title 23, chapter 1 of title 23, United States Code; and
United States Code;
United States Code, for design, plans, specifica- (D) provides recommendations from the Sec-
(B) a bicycle or pedestrian project, including
tions, estimates, contract awards, and inspec- retary to—
a project to provide safe and connected active
tions with respect to the projects unless the Sec- (i) improve the administration, oversight, and
transportation networks; and
retary determines that the assumption is not ap- performance of the program established under
(C) a surface transportation project carried
propriate. this section;
out in accordance with the national travel and
(B) AGREEMENT.—The Secretary and the di- (ii) improve the effectiveness of direct recipi-
tourism infrastructure strategic plan under sec-
rect recipient shall enter into an agreement re- ents to complete projects and obligate funds in
tion 1431(e) of the FAST Act (49 U.S.C. 301
lating to the extent to which the direct recipient a timely manner; and
(iii) evaluate options to expand the authority note).
assumes the responsibilities of the Secretary (10) Any other project, as determined appro-
under this paragraph. provided under this section, including to allow
priate by the Secretary.
(C) LIMITATIONS.—The Secretary shall retain for the direct allocation to metropolitan plan- (e) AWARD PRIORITIZATION.—
responsibilities described in subparagraph (A) ning organizations of funds made available to (1) IN GENERAL.—In selecting grants under
for any project that the Secretary determines to carry out clause (i) or (ii) of section 133(d)(1)(A) this section, the Secretary shall prioritize appli-
be in a high-risk category, including projects on of title 23, United States Code. cants serving urbanized areas, as described in
the National Highway System. (3) UPDATE.—Not less frequently than every 2 subsection (c), that are experiencing a high de-
(e) EXPENDITURE OF FUNDS.— years, the Secretary shall update the report de- gree of recurrent transportation congestion, as
(1) CONSISTENCY WITH METROPOLITAN PLAN- scribed in paragraph (2). determined by the Secretary.
NING.—Except as otherwise provided in this sec- (h) DEFINITIONS.— (2) ADDITIONAL CONSIDERATIONS.—In selecting
tion, programming and expenditure of funds for (1) DIRECT RECIPIENT.—In this section, the
grants under this section, the Secretary shall
projects under this section shall be consistent term ‘‘direct recipient’’ means a metropolitan
also consider the extent to which the project
with the requirements of section 134 of title 23, planning organization designated by the Sec-
would—
United States Code, and section 5303 of title 49, retary as high-performing under subsection (b) (A) reduce traffic congestion and improve the
United States Code. and that was directly allocated funds as de- reliability of the surface transportation system;
(2) SELECTION OF PROJECTS.— scribed in subsection (d). (B) mitigate the adverse impacts of traffic con-
(A) IN GENERAL.—Notwithstanding sub- (2) METROPOLITAN PLANNING AREA.—The term gestion on the surface transportation system, in-
sections (j)(5) and (k)(4) of section 134 of title 23, ‘‘metropolitan planning area’’ has the meaning cluding safety and environmental impacts;
United States Code, or subsections (j)(5) and given such term in section 134 of title 23, United (C) maximize the use of existing capacity; and
(k)(4) of section 5303 of title 49, United States States Code. (D) employ innovative, integrated, and
Code, a direct recipient shall select, from the ap- (3) METROPOLITAN PLANNING ORGANIZATION.— multimodal solutions to the items described in
proved transportation improvement program The term ‘‘metropolitan planning organization’’ subparagraphs (A), (B), and (C).
under such sections, all projects to be funded has the meaning given such term in section 134 (f) FEDERAL SHARE.—
under this section, including projects on the Na- of title 23, United States Code. (1) IN GENERAL.—The Federal share of the cost
tional Highway System. (4) NATIONAL HIGHWAY SYSTEM.—The term of a project carried out under this section may
(B) ELIGIBLE PROJECTS.—The project selection ‘‘National Highway System’’ has the meaning not exceed 60 percent.
process described in this subsection shall apply given such term in section 101 of title 23, United (2) MAXIMUM FEDERAL SHARE.—Federal assist-
to all federally funded projects within the States Code. ance other than a grant for a project under this
boundaries of a metropolitan planning area (5) STATE.—The term ‘‘State’’ has the meaning section may be used to satisfy the non-Federal
served by a direct recipient that are carried out given such term in section 101 of title 23, United share of the cost of such project, except that the
under this section. States Code. total Federal assistance provided for a project
(C) CONSULTATION REQUIRED.—In selecting a (6) URBANIZED AREA.—The term ‘‘urbanized receiving a grant under this section may not ex-
project under this subsection, the metropolitan area’’ has the meaning given such term in sec- ceed 80 percent of the total project cost.
planning organization shall consult with— tion 134 of title 23, United States Code. (g) USE OF FUNDS.—Funds made available for
(i) in the case of a highway project, the State SEC. 1306. GRIDLOCK REDUCTION GRANT PRO- a project under this section may be used for—
and locality in which such project is located; GRAM. (1) development phase activities, including
and (a) ESTABLISHMENT.—The Secretary of Trans- planning, feasibility analysis, revenue fore-
(ii) in the case of a transit project, any af- portation shall establish a gridlock reduction casting, environmental review, preliminary engi-
fected public transportation operator. program to make grants, on a competitive basis, neering and design work, and other
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(3) RULE OF CONSTRUCTION.—Nothing in this for projects to reduce, and mitigate the adverse preconstruction activities; and
section shall be construed to limit the ability of impacts of, traffic congestion. (2) construction, reconstruction, rehabilita-
a direct recipient to partner with a State depart- (b) APPLICATIONS.—To be eligible for a grant tion, acquisition of real property (including
ment of transportation or other recipient of Fed- under this section, an applicant shall submit to land related to the project and improvements to
eral funds under title 23, United States Code, or the Secretary an application in such form, at the land), environmental mitigation, construc-
chapter 53 of title 49, United States Code, to such time, and containing such information as tion contingencies, acquisition of equipment,
carry out a project. the Secretary determines appropriate. and operational improvements.
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H2728 CONGRESSIONAL RECORD — HOUSE June 30, 2020
(h) FUNDING.— (2) REPORT TO CONGRESS.—Not later than 9 SEC. 1307. REBUILD RURAL GRANT PROGRAM.
(1) GRANT AMOUNT.—A grant under this sec- months after the date specified in paragraph (1), (a) ESTABLISHMENT.—The Secretary of Trans-
tion shall be in an amount not less than the Secretary shall submit to the Committee on portation shall establish a rebuild rural grant
$10,000,000 and not more than $50,000,000. Transportation and Infrastructure of the House program to improve the safety, state of good re-
(2) AVAILABILITY.—Funds made available of Representatives and the Committee on Envi- pair, and connectivity of transportation infra-
under this program shall be available until ex- ronment and Public Works, the Committee on structure in rural communities.
pended. Commerce, Science, and Transportation, and (b) GRANT AUTHORITY.—
(i) FREIGHT PROJECT SET-ASIDE.— the Committee on Banking, Housing, and Urban (1) IN GENERAL.—In carrying out the program
(1) IN GENERAL.—The Secretary shall set aside Affairs of the Senate, and make publicly avail- established in subsection (a), the Secretary shall
not less than 50 percent of the funds made able on a website, a report detailing— make grants, on a competitive basis, in accord-
available to carry out this section for grants for (A) a summary of any information provided ance with this section.
freight projects under this subsection. under paragraph (1); and (2) GRANT AMOUNT.—A grant made under this
(2) ELIGIBLE USES.—The Secretary shall pro- (B) recommendations and best practices to— program shall be for no more than $25,000,000.
vide funds set aside under this subsection to ap- (i) reduce traffic congestion, including freight- (c) ELIGIBLE APPLICANTS.—The Secretary may
plicants that submit a comprehensive program of related traffic congestion, and improve the reli- make a grant under this section to—
surface transportation-related projects to reduce ability of the surface transportation system; (1) a State;
freight-related traffic congestion and related ad- (ii) mitigate the adverse impacts of traffic con- (2) a metropolitan planning organization or a
verse impacts, including— gestion, including freight-related traffic conges- regional transportation planning organization;
(A) freight intelligent transportation systems; tion, on the surface transportation system, in- (3) a unit of local government;
(B) real-time freight parking information; cluding safety and environmental impacts; and (4) a Federal land management agency;
(C) real-time freight routing information; (iii) employ innovative, integrated, and (5) a Tribal government or a consortium of
(D) freight transportation and delivery safety multimodal solutions to the items described in Tribal governments;
projects; clauses (i) and (ii). (6) a territory; and
(E) first-mile and last-mile delivery solutions; (k) NOTIFICATION.—Not later than 3 business (7) a multijurisdictional group of entities de-
(F) shifting freight delivery to off-peak travel days before awarding a grant under this sec- scribed in this subsection.
times; tion, the Secretary shall notify the Committee (d) APPLICATIONS.—To be eligible for a grant
(G) reducing greenhouse gas emissions and air on Transportation and Infrastructure of the under this section, an entity specified under
pollution from freight transportation and deliv- House of Representatives and the Committee on subsection (c) shall submit to the Secretary an
ery, including through the use of innovative ve- Environment and Public Works, the Committee application in such form, at such time, and con-
hicles that produce fewer greenhouse gas emis- on Commerce, Science, and Transportation, and taining such information as the Secretary deter-
sions; the Committee on Banking, Housing, and Urban mines is appropriate.
(H) use of centralized delivery locations; Affairs of the Senate of the intention to award (e) ELIGIBLE PROJECTS.—The Secretary shall
(I) designated freight vehicle parking and such a grant. provide grants under this section to projects eli-
staging areas; (l) TREATMENT OF PROJECTS.— gible under title 23, United States Code, includ-
(J) curb space management; and (1) FEDERAL REQUIREMENTS.—The Secretary ing projects on and off the Federal-aid highway
(K) other projects, as determined appropriate shall, with respect to a project funded by a system, that improve safety, state of good re-
by the Secretary. grant under this section, apply— pair, or connectivity in a rural community, in-
(3) AWARD PRIORITIZATION.— (A) the requirements of title 23, United States cluding projects to—
(A) IN GENERAL.—In providing funds set aside Code, to a highway project; (1) improve transportation safety, including
under this section, the Secretary shall prioritize (B) the requirements of chapter 53 of title 49, projects on high-risk rural roads and on Federal
applicants serving urbanized areas, as described United States Code, to a public transportation lands;
in subsection (c), that are experiencing a high project; and (2) improve state of good repair, including
degree of recurrent congestion due to freight (C) the requirements of section 22905 of title projects to repair and rehabilitate bridges on
transportation, as determined by the Secretary. 49, United States Code, to a passenger rail or and off the Federal-aid highway system;
(B) ADDITIONAL CONSIDERATIONS.—In pro- freight rail project. (3) provide or increase access to jobs and serv-
viding funds set aside under this subsection, the (2) MULTIMODAL PROJECTS.— ices;
Secretary shall consider the extent to which the (A) IN GENERAL.—Except as otherwise pro- (4) provide or increase access to—
proposed project— vided in this paragraph, if an eligible project is (A) a grain elevator;
(i) reduces freight-related traffic congestion a multimodal project, the Secretary shall— (B) an agricultural facility;
and improves the reliability of the freight trans- (i) determine the predominant modal compo- (C) a mining facility;
portation system; nent of the project; and (D) a forestry facility;
(ii) mitigates the adverse impacts of freight-re- (ii) apply the applicable requirements of such (E) an intermodal facility;
lated traffic congestion on the surface transpor- predominant modal component to the project. (F) travel or tourism destinations; or
tation system, including safety and environ- (B) EXCEPTIONS.— (G) any other facility that supports the econ-
mental impacts; (i) PASSENGER OR FREIGHT RAIL COMPONENT.— omy of a rural community; and
(iii) maximizes the use of existing capacity; For any passenger or freight rail component of (5) reduce vehicle-wildlife collisions and im-
(iv) employs innovative, integrated, and a project, the requirements of section 22907(j)(2) prove habitat connectivity.
multimodal solutions to the items described in of title 49, United States Code, shall apply. (f) ELIGIBLE PROJECT COSTS.—Grant amounts
clauses (i) through (iii); (ii) PUBLIC TRANSPORTATION COMPONENT.— for a project under this section may be used
(v) leverages Federal funds with non-Federal For any public transportation component of a for—
contributions; and project, the requirements of section 5333 of title (1) development phase activities, including
(vi) integrates regional multimodal transpor- 49, United States Code, shall apply. planning, feasibility analysis, revenue fore-
tation management and operational projects (C) BUY AMERICA.—In applying the Buy casting, environmental review, preliminary engi-
that address both passenger and freight conges- American requirements under section 313 of title neering and design work, and other
tion. 23, United States Code, and sections 5320, preconstruction activities; and
(4) FLEXIBILITY.—If the Secretary determines 22905(a), and 24305(f) of title 49, United States (2) construction, reconstruction, rehabilita-
that there are insufficient qualified applicants Code, to a multimodal project under this para- tion, acquisition of real property (including
to use the funds set aside under this subsection, graph, the Secretary shall— land related to the project and improvements to
the Secretary may use such funds for grants for (i) consider the various modal components of the land), environmental mitigation, construc-
any projects eligible under this section. the project; and tion contingencies, acquisition of equipment,
(j) REPORT.— (ii) seek to maximize domestic jobs. and operational improvements.
(1) RECIPIENT REPORT.—The Secretary shall (3) FEDERAL-AID HIGHWAY REQUIREMENTS.— (g) FEDERAL SHARE.—
ensure that not later than 2 years after the Sec- Notwithstanding any other provision of this (1) IN GENERAL.—The share of the cost of a
retary awards grants under this section, the re- subsection, the Secretary shall require recipients project provided with a grant under this section
cipient of each such grant submits to the Sec- of grants under this section to comply with sub- may not exceed 80 percent of the total cost of
retary a report that contains— section (a) of section 113 of title 23, United such project.
(A) information on each activity or project States Code, with respect to public transpor- (2) MAXIMUM FEDERAL ASSISTANCE.—Federal
that received funding under this section; tation projects, passenger rail projects, and assistance other than a grant under this section
(B) a summary of any non-Federal resources freight rail projects, in the same manner that re- may be used to satisfy up to 100 percent of the
leveraged by a grant under this section; cipients of grants are required to comply with total cost of such project.
(C) any statistics, measurements, or quan- such subsection for construction work performed (h) PRIORITY.—In making grants under this
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titative assessments that demonstrate the con- on highway projects on Federal-aid highways. section, the Secretary shall prioritize projects
gestion reduction, reliability, safety, and envi- (m) TREATMENT OF FUNDS.—Except as pro- that address—
ronmental benefits achieved through activities vided in subsection (l), funds authorized for the (1) significant transportation safety chal-
or projects that received funding under this sec- purposes described in this section shall be avail- lenges;
tion; and able for obligation in the same manner as if the (2) state of good repair challenges that pose
(D) any additional information required by funds were apportioned under chapter 1 of title safety risks or risks to a local economy;
the Secretary. 23, United States Code. (3) economic development challenges;
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2729
(4) connectivity challenges that limit access to tion may partner with a private entity to carry given such term in section 31132 of title 49,
jobs or services; and out an eligible project under this section. United States Code.
(5) coordination of projects in the highway (3) LIMITATION.—Not more than 10 percent of (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
right-of-way with proposed broadband service the amounts made available to carry out this ty’’ means—
infrastructure needs. section may be used to promote the availability (A) a State;
(i) NOTIFICATION.—Not later than 3 business of existing commercial motor vehicle parking. (B) a metropolitan planning organization;
days before awarding a grant under this sec- (e) SELECTION CRITERIA.—In making grants (C) a unit of local government;
tion, the Secretary of Transportation shall no- under this section, the Secretary shall con- (D) a political subdivision of a State or local
tify the Committee on Transportation and Infra- sider— government carrying out responsibilities relating
structure of the House of Representatives and (1) in the case of construction of new commer- to commercial motor vehicle parking; and
the Committee on Environment and Public cial motor vehicle parking capacity, the short- (E) a multistate or multijurisdictional group of
Works of the Senate of the intention to award age of public and private commercial motor ve- entities described in subparagraphs (A) through
such a grant. hicle parking near the project; and (D).
(j) TREATMENT OF PROJECTS.—Notwith- (2) the extent to which each project— (3) SAFETY REST AREA.—The term ‘‘safety rest
standing any other provision of law, a project (A) would increase commercial motor vehicle area’’ has the meaning given such term in sec-
carried out under this section shall be treated as parking capacity or utilization; tion 120(c) of title 23, United States Code.
if the project is located on a Federal-aid high- (B) would facilitate the efficient movement of SEC. 1309. ACTIVE TRANSPORTATION
way. freight; CONNECTIVITY GRANT PROGRAM.
(k) DEFINITION OF RURAL COMMUNITY.—In (C) would improve safety, traffic congestion, (a) ESTABLISHMENT.—The Secretary of Trans-
this section, the term ‘‘rural community’’ means and air quality; portation shall establish an active transpor-
an area that is not an urbanized area, as such (D) is cost effective; and tation connectivity grant program to provide for
term is defined in section 101(a) of title 23, (E) reflects consultation with motor carriers, safe and connected active transportation facili-
United States Code. commercial motor vehicle operators, and private ties.
SEC. 1308. PARKING FOR COMMERCIAL MOTOR providers of commercial motor vehicle parking. (b) GRANT AUTHORITY.—In carrying out the
VEHICLES. (f) NOTIFICATION OF CONGRESS.—Not later program established in subsection (a), the Sec-
(a) ESTABLISHMENT.—The Secretary of Trans- than 3 business days before announcing a retary shall make grants, on a competitive basis,
portation shall establish a program under which project selected to receive a grant under this sec- in accordance with this section.
the Secretary shall make grants, on a competi- tion, the Secretary of Transportation shall no- (c) ELIGIBLE APPLICANTS.—The Secretary may
tive basis, to eligible entities to address the tify the Committee on Transportation and Infra- make a grant under this section to—
shortage of parking for commercial motor vehi- structure of the House of Representatives and (1) a State;
cles to improve the safety of commercial motor the Committee on Environment and Public (2) a metropolitan planning organization;
vehicle operators. Works of the Senate of the intention to award (3) a regional transportation authority;
(b) APPLICATIONS.—To be eligible for a grant such a grant. (4) a unit of local government, including a
under this section, an eligible entity shall sub- (g) TREATMENT OF FUNDS.— county or multi-county special district;
mit to the Secretary an application in such (1) TREATMENT OF PROJECTS.—Notwith- (5) a Federal land management agency;
form, at such time, and containing such infor- standing any other provision of law, any project (6) a natural resource or public land agency;
mation as the Secretary may require. funded by a grant under this section shall be (7) a Tribal government or a consortium of
(c) ELIGIBLE PROJECTS.—Projects eligible treated as a project on a Federal-aid highway Tribal governments;
under this section are projects that— under chapter 1 of title 23, United States Code. (8) any local or regional governmental entity
(1) construct safety rest areas that include (2) FEDERAL SHARE.—The Federal share of the with responsibility for or oversight of transpor-
parking for commercial motor vehicles; cost of a project under this section shall be de- tation or recreational trails; and
(2) construct commercial motor vehicle park- termined in accordance with subsections (b) and (9) a multistate or multijurisdictional group of
ing facilities— (c) of section 120 of title 23, United States Code. entities described in this subsection.
(A) adjacent to private commercial truckstops (h) PROHIBITION ON CHARGING FEES.—To be (d) APPLICATIONS.—To be eligible for a grant
and travel plazas; eligible for a grant under this section, an eligi- under this section, an entity specified under
(B) within the boundaries of, or adjacent to, ble entity shall certify that no fees will be subsection (c) shall submit to the Secretary an
a publicly owned freight facility, including a charged for the use of a project assisted with application in such form, at such time, and con-
port terminal operated by a public authority; such grant. taining such information as the Secretary deter-
and (i) AMENDMENT TO MAP–21.—Section mines is appropriate.
(C) at existing facilities, including inspection 1401(c)(1) of MAP–21 (23 U.S.C. 137 note) is (e) ELIGIBLE PROJECTS.—The Secretary shall
and weigh stations and park-and-ride locations; amended— provide grants under this section to projects
(3) open existing weigh stations, safety rest (1) by inserting ‘‘and private providers of com- that improve the connectivity and the use of ac-
areas, and park-and-ride facilities to commercial mercial motor vehicle parking’’ after ‘‘per- tive transportation facilities—
motor vehicle parking; sonnel’’; and (1) including—
(4) facilitate access to publicly and privately (2) in subparagraph (A) by striking ‘‘the capa- (A) active transportation networks;
provided commercial motor vehicle parking, bility of the State to provide’’ and inserting ‘‘the (B) active transportation spines; and
such as through the use of intelligent transpor- availability of’’. (C) planning related to the development of—
tation systems; (j) SURVEY; COMPARATIVE ASSESSMENT; RE- (i) active transportation networks;
(5) construct turnouts along a Federal-aid PORT.— (ii) active transportation spines; and
highway for commercial motor vehicles; (1) UPDATE.—Not later than 2 years after the (iii) complete streets plans to create a con-
(6) make capital improvements to public com- date of enactment of this Act, the Secretary nected network of active transportation facili-
mercial motor vehicle parking facilities that are shall update the survey of each State required ties, including sidewalks, bikeways, or pedes-
closed on a seasonal basis to allow the facilities under section 1401(c)(1) of the MAP–21 (23 trian and bicycle trails; and
to remain open year-round; U.S.C. 137 note). (2) that have—
(7) open existing commercial motor vehicle (2) REPORT.—Not later than 1 year after the (A) total project costs of not less than
chain-up areas that are closed on a seasonal deadline under paragraph (1), the Secretary $15,000,000; or
basis to allow the facilities to remain open year- shall publish on the website of the Department (B) in the case of planning grants under sub-
round for commercial motor vehicle parking; of Transportation a report that— section (f), a total cost of not less than $100,000.
(8) address commercial motor vehicle parking (A) evaluates the availability of adequate (f) PLANNING GRANTS.—Of the amounts made
and layover needs in emergencies that strain the parking and rest facilities for commercial motor available to carry out this section, the Secretary
capacity of existing publicly and privately pro- vehicles engaged in interstate transportation; may use not more than 10 percent to provide
vided commercial motor vehicle parking; and (B) evaluates the effectiveness of the projects planning grants to eligible applicants for activi-
(9) make improvements to existing commercial funded under this section in improving access to ties under subsection (e)(1)(C).
motor vehicle parking facilities, including ad- commercial motor vehicle parking; and (g) CONSIDERATIONS.—In making grants under
vanced truckstop electrification systems. (C) reports on the progress being made to pro- this section, the Secretary shall consider the ex-
(d) USE OF FUNDS.— vide adequate commercial motor vehicle parking tent to which—
(1) IN GENERAL.—An eligible entity may use a facilities in the State. (1) a project is likely to provide substantial
grant under this section for— (3) CONSULTATION.—The Secretary shall pre- additional opportunities for walking and bicy-
(A) development phase activities, including pare the report required under paragraph (2) in cling, including through the creation of—
planning, feasibility analysis, benefit-cost anal- consultation with— (A) active transportation networks connecting
ysis, environmental review, preliminary engi- (A) relevant State motor carrier safety per- destinations within or between communities, in-
neering and design work, and other sonnel; cluding schools, workplaces, residences, busi-
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preconstruction activities necessary to advance (B) motor carriers and commercial motor vehi- nesses, recreation areas, and other community
a project described in subsection (c); and cle operators; and areas; and
(B) construction and operational improve- (C) private providers of commercial motor ve- (B) active transportation spines connecting 2
ments, as such terms are defined in section 101 hicle parking. or more communities, metropolitan areas, or
of title 23, United States Code. (k) DEFINITIONS.—In this section: States;
(2) PRIVATE SECTOR PARTICIPATION.—An eligi- (1) COMMERCIAL MOTOR VEHICLE.—The term (2) an applicant has adequately considered or
ble entity that receives a grant under this sec- ‘‘commercial motor vehicle’’ has the meaning will consider, including through the opportunity
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H2730 CONGRESSIONAL RECORD — HOUSE June 30, 2020
for public comment, the environmental justice (B) by inserting after paragraph (5) the fol- (D) by inserting after subparagraph (I) the
and equity impacts of the project; lowing: following:
(3) the project would improve safety for vul- ‘‘(6) STIP.—The term ‘STIP’ means a state- ‘‘(J) facilitate emergency management, re-
nerable road users, including through the use of wide transportation improvement program devel- sponse, and evacuation and hazard mitigation;
complete street design policies or a safe system oped by a State under section 135(g).’’; ‘‘(K) improve the level of transportation sys-
approach; and (3) in subsection (c)— tem access;
(4) a project integrates active transportation (A) in paragraph (1) by striking ‘‘and trans- ‘‘(L) support inclusive zoning policies and
facilities with public transportation services, portation improvement programs’’ and inserting land use planning practices that incentivize af-
where available, to improve access to public ‘‘and TIPs’’; and fordable, elastic, and diverse housing supply,
transportation. (B) by adding at the end the following: facilitate long-term economic growth by improv-
(h) LIMITATION.— ‘‘(4) CONSIDERATION.—In developing the plans ing the accessibility of housing to jobs, and pre-
(1) IN GENERAL.—The share of the cost of a and TIPs, metropolitan planning organizations vent high housing costs from displacing eco-
project assisted with a grant under this section shall consider direct and indirect emissions of nomically disadvantaged households; and’’;
may not exceed 80 percent. greenhouse gases.’’; (7) in subsection (h)(2) by striking subpara-
(2) MAXIMUM FEDERAL ASSISTANCE.—Federal (4) in subsection (d)— graph (A) and inserting the following:
assistance other than a grant under this section (A) in paragraph (2) by striking ‘‘Not later ‘‘(A) IN GENERAL.—Through the use of a per-
than 2 years after the date of enactment of formance-based approach, transportation in-
may be used to satisfy up to 100 percent of the
MAP–21, each’’ and inserting ‘‘Each’’; vestment decisions made as a part of the metro-
total project cost.
(i) ELIGIBLE PROJECT COSTS.—Amounts made (B) in paragraph (3) by adding at the end the politan transportation planning process shall
available for a project under this section may be following: support the national goals described in section
used for— ‘‘(D) CONSIDERATIONS.— 150(b), the achievement of metropolitan and
(1) development phase activities, including ‘‘(i) EQUITABLE AND PROPORTIONAL REPRESEN- statewide targets established under section
planning, feasibility analysis, revenue fore- TATION.—In designating officials or representa- 150(d), the improvement of transportation sys-
casting, environmental review, preliminary engi- tives under paragraph (2), the metropolitan tem access (consistent with section 150(f)), and
neering and design work, and other planning organization shall consider the equi- the general purposes described in section 5301 of
preconstruction activities; and table and proportional representation of the title 49.’’;
population of the metropolitan planning area. (8) in subsection (i)—
(2) construction, reconstruction, rehabilita- (A) in paragraph (2)(D)(i) by inserting ‘‘re-
tion, acquisition of real property (including ‘‘(ii) SAVINGS CLAUSE.—Nothing in this para-
graph shall require a metropolitan planning or- duce greenhouse gas emissions and’’ before ‘‘re-
land related to the project and improvements to store and maintain’’;
the land), environmental mitigation, construc- ganization in existence on the date of enactment
(B) in paragraph (2)(G) by inserting ‘‘and cli-
tion contingencies, acquisition of equipment, of this subparagraph to be restructured.
mate change’’ after ‘‘infrastructure to natural
and operational improvements. ‘‘(iii) REDESIGNATION.—Notwithstanding
disasters’’;
(j) NOTIFICATION.—Not later than 3 business clause (ii), the requirements of this paragraph (C) in paragraph (2)(H) by inserting ‘‘green-
days before awarding a grant under this sec- shall apply to any metropolitan planning orga- house gas emissions,’’ after ‘‘pollution,’’;
tion, the Secretary of Transportation shall no- nization redesignated under paragraph (6).’’; (D) in paragraph (5)—
tify the Committee on Transportation and Infra- (C) in paragraph (6)(B) by striking ‘‘para- (i) in subparagraph (A) by inserting ‘‘air
structure of the House of Representatives and graph (2)’’ and inserting ‘‘paragraphs (2) or quality, public health, housing, transportation,
the Committee on Environment and Public (3)(D)’’; and resilience, hazard mitigation, emergency man-
Works of the Senate of the intention to award (D) in paragraph (7)— agement,’’ after ‘‘conservation,’’; and
such a grant. (i) by striking ‘‘an existing metropolitan plan- (ii) by striking subparagraph (B) and insert-
(k) TREATMENT OF PROJECTS.—Notwith- ning area’’ and inserting ‘‘an urbanized area’’; ing the following:
standing any other provision of law, a project and ‘‘(B) ISSUES.—The consultation shall involve,
carried out under this section shall be treated in (ii) by striking ‘‘the existing metropolitan as appropriate, comparison of transportation
the manner described under section 133(i) of title planning area’’ and inserting ‘‘the area’’; plans to other relevant plans, including, if
23, United States Code. (5) in subsection (g)— available—
(l) DEFINITIONS.—In this section: (A) in paragraph (1) by striking ‘‘a metropoli- ‘‘(i) State conservation plans or maps; and
(1) ACTIVE TRANSPORTATION.—The term ‘‘ac- tan area’’ and inserting ‘‘an urbanized area’’; ‘‘(ii) inventories of natural or historic re-
tive transportation’’ means mobility options (B) in paragraph (2) by striking ‘‘MPOS’’ and sources.’’; and
inserting ‘‘METROPOLITAN PLANNING AREAS’’; (E) by amending paragraph (6)(C) to read as
powered primarily by human energy, including
(C) in paragraph (3)(A) by inserting ‘‘emer- follows:
bicycling and walking.
gency response and evacuation, climate change ‘‘(C) METHODS.—
(2) ACTIVE TRANSPORTATION NETWORK.—The ‘‘(i) IN GENERAL.—In carrying out subpara-
term ‘‘active transportation network’’ means fa- adaptation and resilience,’’ after ‘‘disaster risk
reduction,’’; and graph (A), the metropolitan planning organiza-
cilities built for active transportation, including tion shall, to the maximum extent practicable—
sidewalks, bikeways, and pedestrian and bicycle (D) by adding at the end the following:
‘‘(4) COORDINATION BETWEEN MPOS.— ‘‘(I) hold any public meetings at convenient
trails, that connect destinations within a com- and accessible locations and times;
munity, a metropolitan area, or on Federal ‘‘(A) IN GENERAL.—If more than 1 metropoli-
tan planning organization is designated within ‘‘(II) employ visualization techniques to de-
lands. scribe plans; and
(3) ACTIVE TRANSPORTATION SPINE.—The term an urbanized area under subsection (d)(7), the
‘‘(III) make public information available in
‘‘active transportation spine’’ means facilities metropolitan planning organizations designated
electronically accessible format and means, such
built for active transportation, including side- within the area shall ensure, to the maximum
as the internet, as appropriate to afford reason-
walks, bikeways, and pedestrian and bicycle extent practicable, the consistency of any data
able opportunity for consideration of public in-
trails, that connect communities, metropolitan used in the planning process, including infor-
formation under subparagraph (A).
areas, Federal lands, or States. mation used in forecasting transportation de- ‘‘(ii) ADDITIONAL METHODS.—In addition to
(4) SAFE SYSTEM APPROACH.—The term ‘‘safe mand. the methods described in clause (i), in carrying
system approach’’ has the meaning given such ‘‘(B) SAVINGS CLAUSE.—Nothing in this para- out subparagraph (A), the metropolitan plan-
term in section 148(a) of title 23, United States graph requires metropolitan planning organiza- ning organization shall, to the maximum extent
Code. tions designated within a single urbanized area practicable—
(5) VULNERABLE ROAD USER.—The term ‘‘vul- to jointly develop planning documents, includ- ‘‘(I) use virtual public involvement, social
nerable road user’’ has the meaning given such ing a unified long-range transportation plan or media, and other web-based tools to encourage
term in section 148(a) of title 23, United States unified TIP.’’; public participation and solicit public feedback;
Code. (6) in subsection (h)(1)— and
(A) by striking subparagraph (E) and insert- ‘‘(II) use other methods, as appropriate, to
Subtitle D—Planning, Performance ing the following:
Management, and Asset Management further encourage public participation of his-
‘‘(E) protect and enhance the environment, torically underrepresented individuals in the
SEC. 1401. METROPOLITAN TRANSPORTATION promote energy conservation, reduce greenhouse transportation planning process.’’;
PLANNING. gas emissions, improve the quality of life and (9) in subsection (j) by striking ‘‘transpor-
Section 134 of title 23, United States Code, is public health, and promote consistency between tation improvement program’’ and inserting
amended— transportation improvements and State and ‘‘TIP’’ each place it appears; and
(1) in subsection (a) by striking ‘‘resiliency local planned growth and economic development (10) by striking ‘‘Federally’’ each place it ap-
needs while minimizing transportation-related patterns, including housing and land use pat- pears and inserting ‘‘federally’’.
fuel consumption and air pollution’’ and insert- terns;’’; SEC. 1402. STATEWIDE AND NONMETROPOLITAN
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ing ‘‘resilience and climate change adaptation (B) in subparagraph (I)— TRANSPORTATION PLANNING.
needs while reducing transportation-related fuel (i) by inserting ‘‘, sea level rise, extreme Section 135 of title 23, United States Code, is
consumption, air pollution, and greenhouse gas weather, and climate change’’ after amended—
emissions’’; ‘‘stormwater’’; and (1) in subsection (a)—
(2) in subsection (b)— (ii) by striking ‘‘and’’ at the end; (A) in paragraph (1) by striking ‘‘statewide
(A) by redesignating paragraphs (6) and (7) as (C) by redesignating subparagraph (J) as sub- transportation improvement program’’ and in-
paragraphs (7) and (8), respectively; and paragraph (M); and serting ‘‘STIP’’;
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2731
(B) in paragraph (2)— ‘‘(i) IN GENERAL.—in carrying out’’; SEC. 1403. NATIONAL GOALS AND PERFORMANCE
(i) by striking ‘‘The statewide transportation (ii) by redesignating clauses (i) through (iv) as MANAGEMENT MEASURES.
plan and the’’ and inserting the following: subclauses (I) through (IV), respectively; and (a) IN GENERAL.—Section 150 of title 23,
‘‘(A) IN GENERAL.—The statewide transpor- (iii) by adding at the end the following: United States Code, is amended—
tation plan and the’’; ‘‘(ii) ADDITIONAL METHODS.—In addition to (1) in subsection (b)—
(ii) by striking ‘‘transportation improvement the methods described in clause (i), in carrying (A) by redesignating paragraph (7) as para-
program’’ and inserting ‘‘STIP’’; and out subparagraph (A), the State shall, to the graph (8); and
(iii) by adding at the end the following: maximum extent practicable— (B) by inserting after paragraph (6) the fol-
‘‘(B) CONSIDERATION.—In developing the ‘‘(I) use virtual public involvement, social lowing:
statewide transportation plans and STIPs, media, and other web-based tools to encourage ‘‘(7) COMBATING CLIMATE CHANGE.—To reduce
States shall consider direct and indirect emis- public participation and solicit public feedback; carbon dioxide and other greenhouse gas emis-
sions of greenhouse gases.’’; and and sions and reduce the climate impacts of the
(C) in paragraph (3) by striking ‘‘transpor- ‘‘(II) use other methods, as appropriate, to transportation system.’’;
tation improvement program’’ and inserting further encourage public participation of his- (2) in subsection (c)—
‘‘STIP’’; torically underrepresented individuals in the (A) in paragraph (1) by striking ‘‘Not later
(2) in subsection (d)— transportation planning process.’’; than 18 months after the date of enactment of
(A) in paragraph (1)— (C) in paragraph (4)(A) by inserting ‘‘reduce the MAP–21, the Secretary’’ and inserting ‘‘The
(i) in subparagraph (E)— greenhouse gas emissions and’’ after ‘‘potential Secretary’’; and
(I) by inserting ‘‘reduce greenhouse gas emis- to’’; and (B) by adding at the end the following:
sions,’’ after ‘‘promote energy conservation,’’; ‘‘(7) GREENHOUSE GAS EMISSIONS.—The Sec-
(D) in paragraph (8) by inserting ‘‘greenhouse
(II) by inserting ‘‘and public health’’ after retary shall establish, in consultation with the
gas emissions,’’ after ‘‘pollution,’’;
‘‘improve the quality of life’’; and (5) in subsection (g)— Administrator of the Environmental Protection
(III) by inserting ‘‘, including housing and (A) in paragraph (1)(A) by striking ‘‘statewide Agency, measures for States to use to assess—
land use patterns’’ after ‘‘economic development transportation improvement program’’ and in- ‘‘(A) carbon dioxide emissions per capita on
patterns’’; serting ‘‘STIP’’; public roads; and
(ii) in subparagraph (I)— ‘‘(B) any other greenhouse gas emissions per
(B) in paragraph (3) by striking ‘‘opera-
(I) by inserting ‘‘, sea level rise, extreme capita on public roads that the Secretary deter-
tors),,’’ and inserting ‘‘operators),’’;
weather, and climate change’’ after ‘‘mitigate (C) in paragraph (4) by striking ‘‘statewide mines to be appropriate.’’;
stormwater’’; and (3) in subsection (d)—
transportation improvement program’’ and in-
(II) by striking ‘‘and’’ after the semicolon; (A) in paragraph (1)—
serting ‘‘STIP’’ each place it appears; (i) by striking ‘‘Not later than 1 year after the
(iii) by redesignating subparagraph (J) as sub- (D) in paragraph (5)—
paragraph (M); and Secretary has promulgated the final rulemaking
(i) in subparagraph (A) by striking ‘‘transpor-
(iv) by inserting after subparagraph (I) the under subsection (c), each’’ and inserting
tation improvement program’’ and inserting
following: ‘‘Each’’; and
‘‘STIP’’; (ii) by striking ‘‘and (6)’’ and inserting ‘‘(6),
‘‘(J) facilitate emergency management, re- (ii) in subparagraph (B)(ii) by striking ‘‘met-
sponse, and evacuation and hazard mitigation; and (7)’’; and
ropolitan transportation improvement program’’ (B) by adding at the end the following:
‘‘(K) improve the level of transportation sys- and inserting ‘‘TIP’’; ‘‘(3) REGRESSIVE TARGETS.—
tem access; (iii) in subparagraph (C) by striking ‘‘trans- ‘‘(A) IN GENERAL.—A State may not establish
‘‘(L) support inclusive zoning policies and portation improvement program’’ and inserting a regressive target for the measures described
land use planning practices that incentivize af- ‘‘STIP’’ each place it appears; under paragraph (4) or paragraph (7) of sub-
fordable, elastic, and diverse housing supply, (iv) in subparagraph (E) by striking ‘‘trans- section (c).
facilitate long-term economic growth by improv- portation improvement program’’ and inserting ‘‘(B) REGRESSIVE TARGET DEFINED.—In this
ing the accessibility of housing to jobs, and pre- ‘‘STIP’’; paragraph, the term ‘regressive target’ means a
vent high housing costs from displacing eco- (v) in subparagraph (F)(i) by striking ‘‘trans- target that fails to demonstrate constant or im-
nomically disadvantaged households; and’’; portation improvement program’’ and inserting proved performance for a particular measure.’’;
(B) in paragraph (2)— ‘‘STIP’’ each place it appears; (4) in subsection (e)—
(i) by striking subparagraph (A) and inserting (vi) in subparagraph (G)(ii) by striking (A) by striking ‘‘Not later than 4 years after
the following: ‘‘transportation improvement program’’ and in- the date of enactment of the MAP–21 and bien-
‘‘(A) IN GENERAL.—Through the use of a per- serting ‘‘STIP’’; and nially thereafter, a’’ and inserting ‘‘A’’; and
formance-based approach, transportation in- (vii) in subparagraph (H) by striking ‘‘trans- (B) by inserting ‘‘biennial’’ after ‘‘the Sec-
vestment decisions made as a part of the state- portation improvement program’’ and inserting retary a’’; and
wide transportation planning process shall sup- ‘‘STIP’’; (5) by adding at the end the following:
port— (E) in paragraph (6)— ‘‘(f) TRANSPORTATION SYSTEM ACCESS.—
‘‘(i) the national goals described in section (i) in subparagraph (A)— ‘‘(1) IN GENERAL.—The Secretary shall estab-
150(b); (I) by striking ‘‘transportation improvement lish measures for States and metropolitan plan-
‘‘(ii) the consideration of transportation sys- program’’ and inserting ‘‘STIP’’; and ning organizations to use to assess the level of
tem access (consistent with section 150(f)); (II) by striking ‘‘and projects carried out safe, reliable, and convenient transportation
‘‘(iii) the achievement of statewide targets es- under the bridge program or the Interstate system access to—
tablished under section 150(d); and maintenance program’’; and ‘‘(A) employment; and
‘‘(iv) the general purposes described in section (ii) in subparagraph (B)— ‘‘(B) services.
5301 of title 49.’’; and (I) by striking ‘‘or under the bridge program ‘‘(2) CONSIDERATIONS.—The measures estab-
(ii) in subparagraph (D) by striking ‘‘state- or the Interstate maintenance program’’; lished pursuant to paragraph (1) shall include
wide transportation improvement program’’ and (II) by striking ‘‘5310, 5311, 5316, and 5317’’ the ability for States and metropolitan planning
inserting ‘‘STIP’’; and and inserting ‘‘5310 and 5311’’; and organizations to assess—
(C) in paragraph (3) by striking ‘‘statewide (III) by striking ‘‘statewide transportation im- ‘‘(A) the change in the level of transportation
transportation improvement program’’ and in- provement program’’ and inserting ‘‘STIP’’; system access for various modes of travel, in-
serting ‘‘STIP’’; (F) in paragraph (7)— cluding connection to other modes of transpor-
(3) in subsection (e)(3) by striking ‘‘transpor- (i) in the heading by striking ‘‘TRANSPOR- tation, that would result from new transpor-
tation improvement program’’ and inserting TATION IMPROVEMENT PROGRAM’’ and inserting tation investments;
‘‘STIP’’; ‘‘STIP’’; and ‘‘(B) the level of transportation system access
(4) in subsection (f)— (ii) by striking ‘‘transportation improvement for economically disadvantaged communities,
(A) in paragraph (2)(D)— program’’ and inserting ‘‘STIP’’; including to affordable housing; and
(i) in clause (i) by inserting ‘‘air quality, pub- (G) in paragraph (8) by striking ‘‘statewide ‘‘(C) the extent to which transportation access
lic health, housing, transportation, resilience, transportation plans and programs’’ and insert- is impacted by zoning policies and land use
hazard mitigation, emergency management,’’ ing ‘‘statewide transportation plans and planning practices that effect the affordability,
after ‘‘conservation,’’; and STIPs’’; and elasticity, and diversity of the housing supply.
(ii) by amending clause (ii) to read as follows: (H) in paragraph (9) by striking ‘‘transpor- ‘‘(3) DEFINITION OF SERVICES.—In this sub-
‘‘(ii) COMPARISON AND CONSIDERATION.—Con- tation improvement program’’ and inserting section, the term ‘services’ includes healthcare
sultation under clause (i) shall involve the com- ‘‘STIP’’; facilities, child care, education and workforce
parison of transportation plans to other rel- (6) in subsection (h)(2)(A) by striking ‘‘Not training, food sources, banking and other finan-
evant plans and inventories, including, if avail- later than 5 years after the date of enactment of cial institutions, and other retail shopping es-
able— the MAP–21,’’ and inserting ‘‘Not less fre- tablishments.’’.
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‘‘(I) State and tribal conservation plans or quently than once every 4 years,’’; (b) METROPOLITAN TRANSPORTATION PLAN-
maps; and (7) in subsection (k) by striking ‘‘transpor- NING.—Section 134 of title 23, United States
‘‘(II) inventories of natural or historic re- tation improvement program’’ and inserting Code, is further amended—
sources.’’; ‘‘STIP’’ each place it appears; and (1) in subsection (j)(2)(D)—
(B) in paragraph (3)(B)— (8) in subsection (m) by striking ‘‘transpor- (A) by striking ‘‘PERFORMANCE TARGET
(i) by striking ‘‘In carrying out’’ and inserting tation improvement programs’’ and inserting ACHIEVEMENT’’ in the heading and inserting
the following: ‘‘STIPs’’. ‘‘PERFORMANCE MANAGEMENT’’;
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H2732 CONGRESSIONAL RECORD — HOUSE June 30, 2020
(B) by striking ‘‘The TIP’’ and inserting the tation shall issue such regulations as are nec- (i) driving;
following: essary to carry out paragraph (7) of section (ii) public transportation;
‘‘(i) IN GENERAL.—The TIP’’; and 150(c) of title 23, United States Code, as added (iii) walking (including conveyance for per-
(C) by adding at the end the following: by this Act. sons with disabilities); and
‘‘(ii) TRANSPORTATION MANAGEMENT AREAS.— (f) DEVELOPMENT OF TRANSPORTATION SYSTEM (iv) cycling (including micromobility).
For metropolitan planning areas that represent ACCESS MEASURE.— (C) The ability to disaggregate the level of
an urbanized area designated as a transpor- (1) ESTABLISHMENT.—Not later than 120 days transportation system access by various trans-
tation management area under subsection (k), after the date of enactment of this Act, the Sec- portation modes by a variety of population cat-
the TIP shall include— retary of Transportation shall establish a work- egories, including—
‘‘(I) a discussion of the anticipated effect of ing group to assess the provisions of paragraphs (i) low-income populations;
the TIP toward achieving the performance tar- (1) and (2) of section 150(f) and make rec- (ii) minority populations;
gets established in the metropolitan transpor- ommendations regarding the establishment of (iii) age;
tation plan, linking investment priorities to such measures for States and metropolitan planning (iv) disability; and
performance targets; and organizations to use to assess the level of trans- (v) geographical location.
‘‘(II) a description of how the TIP would im- portation system access for various modes of (D) The ability to assess the change in the
prove the overall level of transportation system travel, consistent with section 150(f) of title 23, level of transportation system access that would
access, consistent with section 150(f).’’; United States Code. result from new transportation investments.
(2) in subsection (k)— (2) MEMBERS.—The working group established (3) CONSIDERATION.—An eligible transpor-
(A) in paragraph (3)(A)— pursuant to paragraph (1) shall include rep- tation system access data set and analytical tool
(i) by striking ‘‘shall address congestion man- resentatives from— shall take into consideration safe and connected
agement’’ and inserting the following: ‘‘shall (A) the Department of Transportation; networks for walking, cycling, and persons with
address— (B) State departments of transportation, in- disabilities.
‘‘(i) congestion management’’; cluding representatives that specialize in pedes- (h) DEFINITIONS.—In this section:
(ii) by striking the period at the end and in- trian and bicycle safety; (1) TRANSPORTATION SYSTEM ACCESS.—The
serting ‘‘; and’’; and (C) the Bureau of Transportation Statistics; term ‘‘transportation system access’’ has the
(iii) by adding at the end the following: (D) metropolitan planning organizations rep- meaning given such term in section 101 of title
‘‘(ii) the overall level of transportation system resenting transportation management areas (as 23, United States Code.
access for various modes of travel within the those terms are defined in section 134 of title 23, (2) SERVICES.—The term ‘‘services’’ has the
metropolitan planning area, including the level United States Code); meaning given such term in section 150(f) of title
of access for economically disadvantaged com- (E) other metropolitan planning organizations 23, United States Code.
munities, consistent with section 150(f), that is or local governments; SEC. 1404. TRANSPORTATION DEMAND DATA AND
based on a cooperatively developed and imple- (F) providers of public transportation; MODELING STUDY.
(G) nonprofit entities related to transpor-
mented metropolitan-wide strategy, assessing (a) STUDY.—
tation, including relevant safety groups;
both new and existing transportation facilities (1) IN GENERAL.—The Secretary of Transpor-
(H) experts in the field of transportation ac-
eligible for funding under this title and chapter tation shall conduct a study on transportation
cess data; and
53 of title 49.’’; and (I) any other stakeholders, as determined by demand data and modeling, including transpor-
(B) in paragraph (5)(B)— the Secretary. tation demand forecasting.
(i) in clause (i) by striking ‘‘; and’’ and insert- (3) REPORT.— (2) CONTENTS.—In carrying out the study
ing a semicolon; (A) SUBMISSION.—Not later than 1 year after under this section, the Secretary shall—
(ii) in clause (ii) by striking the period and in- the establishment of the working group pursu- (A) collect observed transportation demand
serting ‘‘; and’’; and ant to paragraph (1), the working group shall data and transportation demand forecasts from
(iii) by adding at the end the following: submit to the Secretary a report of recommenda- States and metropolitan planning organizations,
‘‘(iii) the TIP approved under clause (ii) im- tions regarding the establishment of measures including data and forecasts on—
proves the level of transportation system access, for States and metropolitan planning organiza- (i) traffic counts;
consistent with section 150(f).’’; and tions to use to assess the level of transportation (ii) transportation mode share and public
(3) in subsection (l)(2)— system access, consistent with section 150(f) of transportation ridership; and
(A) by striking ‘‘5 years after the date of en- title 23, United States Code. (iii) vehicle occupancy measures;
actment of the MAP–21’’ and inserting ‘‘2 years (B) PUBLICATION.—Not later than 30 days (B) compare the transportation demand fore-
after the date of enactment of the INVEST in after the date on which the Secretary receives casts with the observed transportation demand
America Act, and every 2 years thereafter’’; the report under subparagraph (A), the Sec- data gathered under subparagraph (A); and
(B) in subparagraph (C) by striking ‘‘and retary shall publish the report on a publicly ac- (C) use the information described in subpara-
whether metropolitan planning organizations cessible website of the Department of Transpor- graphs (A) and (B) to—
are developing meaningful performance targets; tation. (i) develop best practices and guidance for
and’’ and inserting a semicolon; and (4) RULEMAKING.—Not later than 2 years after States and metropolitan planning organizations
(C) by striking subparagraph (D) and insert- the date on which the Secretary receives the re- to use in forecasting transportation demand for
ing the following: port under paragraph (3), the Secretary shall future investments in transportation improve-
‘‘(D) a listing of all metropolitan planning or- issue such regulations as are necessary to imple- ments;
ganizations that are establishing performance ment the requirements of section 150(f) of title (ii) evaluate the impact of transportation in-
targets and whether such performance targets 23, United States Code. vestments, including new roadway capacity, on
established by the metropolitan planning orga- (5) TERMINATION.—The Secretary shall termi- transportation behavior and transportation de-
nization are meaningful or regressive (as de- nate the working group established pursuant to mand, including public transportation ridership,
fined in section 150(d)(3)(B)); and paragraph (1) on the date on which the regula- induced highway transportation, and conges-
‘‘(E) the progress of implementing the measure tion issued pursuant to paragraph (4) takes ef- tion;
established under section 150(f).’’. fect. (iii) support more accurate transportation de-
(c) STATEWIDE AND NONMETROPOLITAN TRANS- (g) TRANSPORTATION SYSTEM ACCESS DATA.— mand forecasting by States and metropolitan
PORTATION PLANNING.—Section 135(g)(4) of title (1) IN GENERAL.—Not later than 90 days after planning organizations;
23, United States Code, is further amended— the date on which the Secretary of Transpor- (iv) enhance the capacity of States and metro-
(1) by striking ‘‘PERFORMANCE TARGET tation establishes the measure required under politan planning organizations to—
ACHIEVEMENT’’ in the heading and inserting section 150(f) of title 23, United States Code, the (I) forecast transportation demand; and
‘‘PERFORMANCE MANAGEMENT’’; Secretary shall develop or procure eligible trans- (II) track observed transportation behavior re-
(2) by striking ‘‘shall include, to the maximum portation system access data sets and analytical sponses, including induced transportation, to
extent practicable, a discussion’’ and inserting tools and make such data sets and analytical changes in transportation capacity, pricing, and
the following: ‘‘shall include— tools available to State departments of transpor- land use patterns; and
‘‘(A) a discussion’’; tation and metropolitan planning areas that (v) develop transportation demand manage-
(3) by striking the period at the end and in- represent transportation management areas. ment strategies to maximize the efficiency of the
serting ‘‘; and’’; and (2) REQUIREMENTS.—An eligible transpor- transportation system, improve mobility, reduce
(4) by adding at the end the following: tation system access data set and analytical tool congestion, and lower vehicle emissions.
‘‘(B) a consideration of how the STIP impacts shall have the following characteristics: (3) COVERED ENTITIES.—In carrying out the
the overall level of transportation system access, (A) The ability to quantify the level of safe, study under this section, the Secretary shall en-
consistent with section 150(f).’’. reliable, and convenient transportation system sure that data and forecasts described in para-
(d) EFFECTIVE DATE.—The amendment made access to— graph (2)(A) are collected from—
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by subsection (a)(3)(B) shall take effect 1 year (i) employment; (A) States;
before the subsequent State target and reporting (ii) services; and (B) metropolitan planning organizations that
deadlines established pursuant to section 150 of (iii) connections to other modes of transpor- serve an area with a population of 200,000 peo-
title 23, United States Code. tation. ple or fewer; and
(e) DEVELOPMENT OF GREENHOUSE GAS MEAS- (B) The ability to quantify transportation sys- (C) metropolitan planning organizations that
URE.—Not later than 1 year after the date of en- tem access for various modes of travel, includ- serve an area with a population of over 200,000
actment of this Act, the Secretary of Transpor- ing— people.
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2733
(4) WORKING WITH THE PRIVATE SECTOR.—In (including bicycle, all-terrain, motorcyclist, and ‘‘(D) CRITERIA.—In making a determination
carrying out this section, the Secretary may, pedestrian safety); or under subparagraph (A), the head of a covered
and is encouraged to, procure additional data ‘‘(C) projects to enforce highway safety agency, with respect to the corridor, shall con-
as necessary from university transportation cen- laws.’’. sider—
ters, private sector providers, and other entities SEC. 1503. TRIBAL HIGH PRIORITY PROJECTS ‘‘(i) the condition of roads, bridges, and tun-
as is needed and may use funds authorized PROGRAM. nels; and
under section 503(b) of title 23, United States (a) TRIBAL TRANSPORTATION PROGRAM.—Sec- ‘‘(ii) the average annual daily traffic.
Code, for carrying out this paragraph. tion 202 of title 23, United States Code, is ‘‘(E) DEFINITIONS.—In this paragraph:
(b) REPORT.—Not later than 2 years after the amended— ‘‘(i) COVERED AGENCY.—The term ‘covered
date of enactment of this Act, the Secretary (1) by redesignating subsection (f) as sub- agency’ means a Federal agency eligible to re-
shall submit to Congress a report containing the section (g); and ceive funds under this section, section 203, or
findings of the study conducted under sub- (2) by inserting after subsection (e) the fol- section 204.
section (a). lowing: ‘‘(ii) HIGH-COMMUTER CORRIDOR.—The term
(c) SECRETARIAL SUPPORT.—The Secretary ‘‘(f) TRIBAL HIGH PRIORITY PROJECTS PRO- ‘high-commuter corridor’ means a Federal lands
shall seek opportunities to support the transpor- GRAM.—Before making any distribution under
transportation facility that has average annual
tation planning processes under sections 134 subsection (b), the Secretary shall set aside daily traffic of not less than 20,000 vehicles.’’.
and 135 of title 23, United States Code, through (b) GAO STUDY REGARDING NPS MAINTE-
$50,000,000 from the funds made available under
the provision of data to States and metropolitan NANCE.—
the tribal transportation program for each fiscal
planning organizations to improve the quality of (1) STUDY.—The Comptroller General of the
year to carry out the Tribal High Priority
transportation plans, models, and demand fore- United States shall study the National Park
Projects program under section 1123 of MAP–21
casts. Service maintenance prioritization of Federal
(23 U.S.C. 202 note).’’.
SEC. 1405. FISCAL CONSTRAINT ON LONG-RANGE lands transportation facilities.
(b) TRIBAL HIGH PRIORITY PROJECTS PRO- (2) CONTENTS.—At minimum, the study under
TRANSPORTATION PLANS. GRAM.—Section 1123 of MAP–21 (23 U.S.C. 202
Not later than 1 year after the date of enact- paragraph (1) shall examine—
note) is amended— (A) general administrative maintenance of the
ment of this Act, the Secretary shall amend sec- (1) in subsection (a)(1)(C) by striking ‘‘re-
tion 450.324(f)(11)(v) of title 23, Code of Federal National Park Service;
quired by that section’’ and inserting ‘‘required (B) how the National Park Service currently
Regulations, to ensure that the outer years of a under such program’’; prioritizes maintenance of Federal facilities cov-
metropolitan transportation plan are defined as (2) in subsection (b)(1) by striking ‘‘use ered under the Federal Lands Transportation
‘‘beyond the first 4 years’’. amounts made available under subsection (h) Program;
Subtitle E—Federal Lands, Tribes, and to’’; (C) what kind of maintenance the National
Territories (3) in subsection (d)— Parkway Service is performing;
SEC. 1501. TERRITORIAL AND PUERTO RICO (A) in paragraph (2) by inserting ‘‘, in con- (D) to what degree does the National Park
HIGHWAY PROGRAM. sultation with the Secretary of the Interior,’’ Service prioritize high-commuter corridors; and
Section 165 of title 23, United States Code, is after ‘‘The Secretary’’; and (E) how the National Park Service can better
amended— (B) in paragraph (3) by striking ‘‘of the Inte- service the needs of high commuter corridors.
(1) in subsection (a)— rior’’ each place it appears; (3) REPORT.—Not later than 1 year after the
(A) in paragraph (1) by striking (4) in subsection (f) by striking ‘‘$1,000,000’’ date of enactment of this Act, the Comptroller
‘‘$158,000,000’’ and inserting ‘‘$210,000,000’’; and and inserting ‘‘$5,000,000’’; General shall submit to the Committee on Trans-
(B) in paragraph (2) by striking ‘‘$42,000,000’’ (5) in subsection (g) by striking ‘‘and the Sec- portation and Infrastructure of the House of
and inserting ‘‘$100,000,000’’; retary’’ and inserting ‘‘or the Secretary’’; and Representatives and the Committee on Environ-
(2) in subsection (c)(6)(A)(iii) by striking ‘‘in (6) by striking subsection (h) and inserting the ment and Public Works of the Senate a report
accordance with subsections (b) and (c) of sec- following: summarizing the study and the results of such
tion 129’’ and inserting ‘‘including such boats, ‘‘(h) ADMINISTRATION.—The funds made study, including recommendations for address-
facilities, and approaches that are privately or available to carry out this section shall be ad- ing the maintenance needs and prioritization of
majority-privately owned, provided that such ministered in the same manner as funds made high-commuter corridors.
boats, facilities, and approaches provide a sub- available for the Tribal transportation program (4) DEFINITION OF HIGH-COMMUTER COR-
stantial public benefit’’; and under section 202 of title 23, United States RIDOR.—In this section, the term ‘‘high-com-
(3) by adding at the end the following: Code.’’. muter corridor’’ means a Federal lands trans-
‘‘(d) PARTICIPATION OF TERRITORIES IN DIS- SEC. 1504. FEDERAL LANDS TRANSPORTATION portation facility that has average annual daily
CRETIONARY PROGRAMS.—For any program in PROGRAM. traffic of not less than 20,000 vehicles.
which the Secretary may allocate funds out of (a) IN GENERAL.—Section 203(a) of title 23, SEC. 1505. FEDERAL LANDS AND TRIBAL MAJOR
the Highway Trust Fund (other than the Mass United States Code, is amended by adding at the PROJECTS PROGRAM.
Transit Account) to a State at the discretion of end the following: (a) IN GENERAL.—Chapter 2 of title 23, United
the Secretary, the Secretary may allocate funds ‘‘(6) TRANSFER FOR HIGH-COMMUTER COR- States Code, is amended by inserting after sec-
to one or more territory for any project or activ- RIDORS.— tion 207 the following:
ity that otherwise would be eligible under such ‘‘(A) REQUEST.—If the head of a covered
program if such project or activity was being ‘‘§ 208. Federal lands and Tribal major
agency determines that a high-commuter cor- projects program
carried out in a State.’’. ridor requires additional investment, based on
SEC. 1502. TRIBAL TRANSPORTATION PROGRAM. ‘‘(a) ESTABLISHMENT.—The Secretary shall es-
the criteria described in subparagraph (D), the tablish a Federal lands and Tribal major
Section 202 of title 23, United States Code, is head of a covered agency, with respect to such
amended— projects program (referred to in this section as
corridor, shall submit to the State— the ‘program’) to provide funding to construct,
(1) in subsection (d)— ‘‘(i) information on condition of pavements
(A) in paragraph (1) by striking ‘‘improving reconstruct, or rehabilitate critical Federal
and bridges; lands and Tribal transportation infrastructure.
deficient’’ and inserting ‘‘the construction and ‘‘(ii) an estimate of the amounts needed to
reconstruction of’’; ‘‘(b) ELIGIBLE APPLICANTS.—
bring such corridor into a state of good repair, ‘‘(1) IN GENERAL.—Except as provided in para-
(B) in paragraph (2)—
taking into consideration any planned future graph (2), entities eligible to receive funds under
(i) in subparagraph (A) by inserting ‘‘con-
investments; and sections 201, 202, 203, and 204 may apply for
struct,’’ after ‘‘project to’’; and
‘‘(iii) at the discretion of the head of a covered funding under the program.
(ii) in subparagraph (B)—
(I) by striking ‘‘deficient’’; and agency, a request that the State transfer to the ‘‘(2) SPECIAL RULE.—A State, county, or unit
(II) by inserting ‘‘in poor condition’’ after covered agency, under the authority of section of local government may only apply for funding
‘‘facility bridges’’; and 132 or section 204, or to the Federal Highway under the program if sponsored by an eligible
(C) in paragraph (3)— Administration, under the authority of section Federal land management agency or Indian
(i) in the heading by striking ‘‘ELIGIBLE 104, a portion of such amounts necessary to ad- Tribe.
BRIDGES’’ and inserting ‘‘ELIGIBILITY FOR EXIST- dress the condition of the corridor. ‘‘(c) ELIGIBLE PROJECTS.—An eligible project
ING BRIDGES’’; ‘‘(B) STATE RESPONSE.—Not later than 45 days under the program shall be on a Federal lands
(ii) by striking ‘‘a bridge’’ and inserting ‘‘an after the date of receipt of the request described transportation facility, a Federal lands access
existing bridge’’; and in subparagraph (A)(iii), the State shall— transportation facility, or a tribal transpor-
(iii) in subparagraph (C) by striking ‘‘struc- ‘‘(i) approve the request; tation facility, except that such facility is not
turally deficient or functionally obsolete’’ and ‘‘(ii) deny the request and explain the reasons required to be included in an inventory de-
inserting ‘‘in poor condition’’; and for such denial; or scribed in section 202 or 203, and for which—
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(2) in subsection (e) by striking ‘‘for eligible ‘‘(iii) request any additional information nec- ‘‘(1) the project—
projects described in section 148(a)(4).’’ and in- essary to take action on the request. ‘‘(A) has completed the activities required
serting the following: ‘‘for— ‘‘(C) NOTIFICATION TO THE SECRETARY.—The under the National Environmental Policy Act of
‘‘(A) eligible projects described in section head of a covered agency shall provide to the 1969 (42 U.S.C. 4321 et seq.) which has been dem-
148(a)(4); Secretary a copy of any request described under onstrated through—
‘‘(B) projects to promote public awareness and subparagraph (A)(iii) and response described ‘‘(i) a record of decision with respect to the
education concerning highway safety matters under subparagraph (B). project;
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H2734 CONGRESSIONAL RECORD — HOUSE June 30, 2020
‘‘(ii) a finding that the project has no signifi- (b) CLERICAL AMENDMENT.—The analysis for ‘‘(A) affects the application of the Federal
cant impact; or chapter 2 of title 23, United States Code, is share for a project carried out with a con-
‘‘(iii) a determination that the project is cat- amended by inserting after the item relating to tracting method under this subsection; or
egorically excluded; or section 207 the following new item: ‘‘(B) modifies the point of obligation of Fed-
‘‘(B) is reasonably expected to begin construc- ‘‘208. Federal lands and Tribal major projects eral salaries and expenses.’’.
tion not later than 18 months after the date of program.’’. (b) USE OF ALTERNATIVE CONTRACTING METH-
obligation of funds for the project; and (c) REPEAL.—Section 1123 of the FAST Act (23 OD.—In carrying out the amendments made by
‘‘(2) the project has an estimated cost equal to U.S.C. 201 note), and the item related to such this section, the Secretary shall—
or exceeding— section in the table of contents under section (1) in consultation with the applicable Federal
‘‘(A) $12,500,000 if it is on a Federal lands 1(b) of such Act, are repealed. land management agencies, establish procedures
transportation facility or a Federal lands access that are—
SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AF-
transportation facility; and FAIRS. (A) applicable to each alternative contracting
‘‘(B) $5,000,000 if it is on a Tribal transpor- method; and
Section 102 of title 49, United States Code, is
tation facility. (B) to the maximum extent practicable, con-
amended—
‘‘(d) ELIGIBLE ACTIVITIES.—Grant amounts re- sistent with requirements for Federal procure-
(1) in subsection (e)(1)—
ceived for a project under this section may be ment transactions;
(A) by striking ‘‘6 Assistant’’ and inserting ‘‘7
used for— (2) solicit input on the use of each alternative
Assistant’’;
‘‘(1) development phase activities, including contracting method from any affected industry
(B) in subparagraph (C) by striking ‘‘; and’’
planning, feasibility analysis, revenue fore- prior to using such method; and
and inserting a semicolon;
casting, environmental review, preliminary engi- (3) analyze and prepare an evaluation of the
(C) by redesignating subparagraph (D) as sub-
neering and design work, and other use of each alternative contracting method.
paragraph (E); and
preconstruction activities; and SEC. 1508. DIVESTITURE OF FEDERALLY OWNED
(D) by inserting after subparagraph (C) the
‘‘(2) construction, reconstruction, and reha- BRIDGES.
following:
bilitation activities. (a) IN GENERAL.—The Commissioner of the
‘‘(D) an Assistant Secretary for Tribal Gov-
‘‘(e) APPLICATIONS.—Eligible applicants shall Bureau of Reclamation may transfer ownership
ernment Affairs, who shall be appointed by the
submit to the Secretary an application at such of a bridge that is owned by the Bureau of Rec-
President; and’’; and
time, in such form, and containing such infor- lamation if—
(2) in subsection (f)—
mation as the Secretary may require. (1) the ownership of the bridge is transferred
(A) in the heading by striking ‘‘DEPUTY AS-
‘‘(f) PROJECT REQUIREMENTS.—The Secretary to a State with the concurrence of such State;
SISTANT SECRETARY FOR TRIBAL GOVERNMENT
may select a project to receive funds under the (2) the State to which ownership is transferred
AFFAIRS’’ and inserting ‘‘OFFICE OF TRIBAL
program only if the Secretary determines that agrees to operate and maintain the bridge;
GOVERNMENT AFFAIRS’’; and
the project— (3) the transfer of ownership complies with all
(B) by striking paragraph (1) and inserting
‘‘(1) improves the condition of critical trans- applicable Federal requirements, including—
the following:
portation facilities, including multimodal facili- (A) section 138 of title 23, United States Code;
‘‘(1) ESTABLISHMENT.—There is established in
ties; (B) section 306108 of title 54, United States
the Department an Office of Tribal Government
‘‘(2) cannot be easily and efficiently completed Code; and
Affairs, under the Assistant Secretary for Tribal
with amounts made available under section 202, (C) the National Environmental Policy Act of
Government Affairs, to—
203, or 204; and 1969 (42 U.S.C. 4321 et seq.); and
‘‘(A) oversee the Tribal transportation self-
‘‘(3) is cost effective. (4) the Bureau of Reclamation and the State
‘‘(g) MERIT CRITERIA.—In making a grant governance program under section 207 of title
23; to which ownership is being transferred jointly
under this section, the Secretary shall consider notify the Secretary of Transportation of the in-
whether the project— ‘‘(B) plan, coordinate, and implement policies
and programs serving Indian Tribes and Tribal tent to conduct a transfer prior to such transfer.
‘‘(1) will generate state of good repair, resil- (b) ACCESS.—In a transfer of ownership of a
ience, economic competitiveness, quality of life, organizations;
‘‘(C) coordinate Tribal transportation pro- bridge under this section, the Commissioner of
mobility, or safety benefits; the Bureau of Reclamation—
‘‘(2) in the case of a project on a Federal grams and activities in all offices and adminis-
trations of the Department; (1) shall not be required to transfer ownership
lands transportation facility or a Federal lands of the land on which the bridge is located or
access transportation facility, has costs matched ‘‘(D) provide technical assistance to Indian
Tribes and Tribal organizations; and any adjacent lands; and
by funds that are not provided under this sec- (2) shall make arrangements with the State to
tion or this title; and ‘‘(E) be a participant in any negotiated
rulemakings relating to, or having an impact which ownership is being transferred to allow
‘‘(3) generates benefits for land owned by mul- for adequate access to such bridge, including for
tiple Federal land management agencies or In- on, projects, programs, or funding associated
with the tribal transportation program under the purposes of construction, maintenance, and
dian Tribes, or which spans multiple States. bridge inspections pursuant to section 144 of
‘‘(h) EVALUATION AND RATING.—To evaluate section 202 of title 23.’’.
SEC. 1507. ALTERNATIVE CONTRACTING METH- title 23, United States Code.
applications, the Secretary shall—
ODS. SEC. 1509. STUDY ON FEDERAL FUNDING AVAIL-
‘‘(1) determine whether a project meets the re- ABLE TO INDIAN TRIBES.
quirements under subsection (f); (a) LAND MANAGEMENT AGENCIES AND TRIBAL
GOVERNMENTS.—Section 201 of title 23, United Not later than January 31 of each year, the
‘‘(2) evaluate, through a discernable and
States Code, is amended by adding at the end Secretary of Transportation shall submit to the
transparent methodology, how each application
the following: Committee on Transportation and Infrastruc-
addresses one or more merit criteria established
‘‘(f) ALTERNATIVE CONTRACTING METHODS.— ture of the House of Representatives and the
under subsection (g);
‘‘(3) assign a rating for each merit criteria for ‘‘(1) IN GENERAL.—Notwithstanding any other Committee on Environment and Public Works of
each application; and provision of law, the Secretary may use a con- the Senate a report that—
‘‘(4) consider applications only on the basis of tracting method available to a State under this (1) identifies the number of Indian Tribes that
such quality ratings and which meet the mini- title on behalf of— were direct recipients of funds under any discre-
mally acceptable level for each of the merit cri- ‘‘(A) a Federal land management agency, with tionary Federal highway, transit, or highway
teria. respect to any funds available pursuant to sec- safety program in the prior fiscal year;
‘‘(i) COST SHARE.— tion 203 or 204; (2) lists the total amount of such funds made
‘‘(1) FEDERAL LANDS PROJECTS.— ‘‘(B) a Federal land management agency, with available directly to such Tribes;
‘‘(A) IN GENERAL.—Notwithstanding section respect to any funds available pursuant to sec- (3) identifies the number and location of In-
120, the Federal share of the cost of a project on tion 1535 of title 31 for any eligible use described dian Tribes that were indirect recipients of
a Federal lands transportation facility or a Fed- in sections 203(a)(1) and 204(a)(1) of this title; or funds under any formula-based Federal high-
eral lands access transportation facility shall be ‘‘(C) a Tribal Government, with respect to any way, transit, or highway safety program in the
up to 90 percent. funds available pursuant to section 202(b)(7)(D). prior fiscal year; and
‘‘(B) NON-FEDERAL SHARE.—Notwithstanding ‘‘(2) METHODS DESCRIBED.—The contracting (4) lists the total amount of such funds made
any other provision of law, any Federal funds methods referred to in paragraph (1) shall in- available indirectly to such tribes through states
may be used to pay the non-Federal share of the clude, at a minimum— or other direct recipients of Federal highway,
cost of a project carried out under this section. ‘‘(A) project bundling; transit or highway safety funding.
‘‘(2) TRIBAL PROJECTS.—The Federal share of ‘‘(B) bridge bundling; SEC. 1510. GAO STUDY.
the cost of a project on a Tribal transportation ‘‘(C) design-build contracting; (a) IN GENERAL.—The Comptroller General of
facility shall be 100 percent. ‘‘(D) 2-phase contracting; the United States shall conduct a study on the
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‘‘(j) USE OF FUNDS.—For each fiscal year, of ‘‘(E) long-term concession agreements; and deferred maintenance of United States forest
the amounts made available to carry out this ‘‘(F) any method tested, or that could be test- roads, including—
section, not more than 50 percent shall be used ed, under an experimental program relating to (1) the current backlog;
for eligible projects on Federal lands transpor- contracting methods carried out by the Sec- (2) the current actions on such maintenance
tation facilities or Federal lands access trans- retary. and backlog;
portation facilities and Tribal transportation fa- ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this (3) the impacts of public safety due to such
cilities, respectively.’’. subsection— deferred maintenance; and
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2735
(4) recommendations for Congress on ways to (b) CONSIDERATIONS.—In carrying out sub- of the Indian Self-Determination and Education
address such backlog. paragraph (A), the Secretary shall consider— Assistance Act (25 U.S.C. 5304(e)).
(b) REPORT.—Not later than 1 year after the (1) crash statistics; (9) NTIA ADMINISTRATOR.—The term ‘‘NTIA
date of enactment of this Act, the Comptroller (2) road geometry characteristics; Administrator’’ means the Assistant Secretary of
General of the United States shall submit to the (3) roadside characteristics; Commerce for Communications and Information.
Committee on Transportation and Infrastruc- (4) traffic volume; (10) PROJECT.—The term ‘‘project’’ has the
ture of the House of Representatives and the (5) the possibility and likelihood of human meaning given such term in section 101 of title
Committee on Environment and Public Works of error; 23, United States Code.
the Senate a report containing the results of the (6) human injury tolerance; (11) SECRETARY.—The term ‘‘Secretary’’ means
study conducted under subsection (a). (7) the prevalence of vulnerable road users; the Secretary of Transportation.
and (12) STATE.—The term ‘‘State’’ has the mean-
Subtitle F—Additional Provisions (8) any other consideration, consistent with a
SEC. 1601. VISION ZERO.
ing given such term in section 401 of title 23,
safe system approach, as determined by the Sec- United States Code.
(a) IN GENERAL.—A local government, metro- retary. (13) STATE OR LOCAL BROADBAND PROVIDER.—
politan planning organization, or regional (c) REPORT ON SPEED MANAGEMENT PROGRAM
The term ‘‘State or local broadband provider’’
transportation planning organization may de- PLAN.—Not later than 1 year after the date of
means a State or political subdivision thereof, or
velop and implement a vision zero plan to sig- enactment of this Act, the Secretary shall up-
any agency, authority, or instrumentality of a
nificantly reduce or eliminate transportation-re- date and report on the implementation progress
State or political subdivision thereof, that pro-
lated fatalities and serious injuries within a of the Speed Management Program Plan of the
vides broadband to any person or facilitates the
specified timeframe, not to exceed 20 years. Department of Transportation, as described in
(b) USE OF FUNDS.—Amounts apportioned to a provision of broadband to any person in that
the safety recommendation issued by the Na-
State under paragraph (2) or (3) of section State.
tional Transportation Safety Board on August (14) TRIBAL GOVERNMENT.—The term ‘‘Tribal
104(b) of title 23, United States Code, may be 15, 2017, numbered H–17–018.
used to carry out a vision zero plan under this government’’ means the recognized governing
(d) DEFINITIONS.—In this section, the terms
section. body of an Indian Tribe or any agency, author-
‘‘safe system approach’’ and ‘‘vulnerable road
(c) CONTENTS OF PLAN.—A vision zero plan ity, or instrumentality of such governing body
user’’ have the meanings given such terms in
under this section shall include— or such Indian Tribe.
section 148(a) of title 23, United States Code. (b) DIG ONCE REQUIREMENT.—To facilitate the
(1) a description of programs, strategies, or SEC. 1603. BROADBAND INFRASTRUCTURE DE-
policies intended to significantly reduce or installation of broadband infrastructure, the
PLOYMENT.
eliminate transportation-related fatalities and Secretary shall, not later than 9 months after
(a) DEFINITIONS.—In this section: the date of enactment of this Act, promulgate
serious injuries within a specified timeframe, not (1) APPROPRIATE STATE AGENCY.—The term
to exceed 20 years, that is consistent with a regulations to ensure that each State that re-
‘‘appropriate State agency’’ means a State gov-
State strategic highway safety plan and uses ex- ceives funds under chapter 1 of title 23, United
ernmental agency that is recognized by the exec-
isting transportation data and consideration of States Code, meets the following requirements:
utive branch of the State as having the experi-
risk factors; (1) BROADBAND PLANNING.—The State depart-
ence necessary to evaluate and facilitate the in-
(2) plans for implementation of, education of ment of transportation, in consultation with ap-
stallation and operation of broadband infra-
the public about, and enforcement of such pro- propriate State agencies, shall—
structure within the State. (A) identify a broadband coordinator, who
grams, strategies, or policies; (2) BROADBAND.—The term ‘‘broadband’’ has
(3) a description of how such programs, strate- may have additional responsibilities in the State
the meaning given the term ‘‘advanced tele-
gies, or policies, and the enforcement of such department of transportation or in another
communications capability’’ in section 706 of the
programs, strategies, or policies will— State agency, that is responsible for facilitating
Telecommunications Act of 1996 (47 U.S.C. 1302).
(A) equitably invest in the safety needs of the broadband infrastructure right-of-way ef-
(3) BROADBAND CONDUIT.—The term
low-income and minority communities; forts within the State; and
‘‘broadband conduit’’ means a conduit or
(B) ensure that such communities are not dis- (B) review existing State broadband plans, in-
innerduct for fiber optic cables (or successor
proportionately targeted by law enforcement; cluding existing dig once requirements of the
technology of greater quality and speed) that
and State, municipal governments incorporated
supports the provision of broadband.
(C) protect the rights of members of such com- (4) BROADBAND INFRASTRUCTURE.—The term under State law, and Tribal governments within
munities with respect to title VI of the Civil ‘‘broadband infrastructure’’ means any buried the State, to determine opportunities to coordi-
Rights Act of 1964 (42 U.S.C. 2000d et seq.); and or underground facility and any wireless or nate projects occurring within or across high-
(4) a description of a mechanism to evaluate way rights-of-way with planned broadband in-
wireline connection that enables the provision
progress of the development and implementation frastructure projects.
of broadband.
of the plan, including the gathering and use of (5) BROADBAND PROVIDER.—The term (2) NOTICE OF PLANNED CONSTRUCTION FOR
transportation safety and demographic data. BROADBAND PROVIDERS.—
‘‘broadband provider’’ means an entity that pro-
(d) INCLUSIONS.—A vision zero plan may in- (A) NOTICE.—The State department of trans-
vides broadband to any person or facilitates
clude a complete streets prioritization plan that portation, in consultation with appropriate
provision of broadband to any person, includ-
identifies a specific list of projects to— State agencies, shall establish a process—
ing, with respect to such entity—
(1) create a connected network of active trans- (i) for the registration of broadband providers
(A) a corporation, company, association, firm,
portation facilities, including sidewalks, bike- that seek to be included in the advance notifica-
partnership, nonprofit organization, or any
ways, or pedestrian and bicycle trails, to con- tion of, and opportunity to participate in,
other private entity;
nect communities and provide safe, reliable, af- (B) a State or local broadband provider; broadband infrastructure right-of-way facilita-
fordable, and convenient access to employment, (C) an Indian Tribe; and tion efforts within the State; and
housing, and services, consistent with the goals (D) a partnership between any of the entities (ii) to electronically notify all broadband pro-
described in section 150(b) of title 23, United described in subparagraphs (A), (B), and (C). viders registered under clause (i)—
States Code; (6) COVERED HIGHWAY CONSTRUCTION (I) of the State transportation improvement
(2) integrate active transportation facilities PROJECT.— program on at least an annual basis; and
with public transportation service or improve (A) IN GENERAL.—The term ‘‘covered highway (II) of projects within the highway right-of-
access to public transportation; and construction project’’ means, without regard to way for which Federal funding is expected to be
(3) improve transportation options for low-in- ownership of a highway, a project to construct obligated in the subsequent fiscal year.
come and minority communities. a new highway or an additional lane for an ex- (B) WEBSITE.—A State department of trans-
(e) COORDINATION.—A vision zero plan under isting highway, to reconstruct an existing high- portation shall be considered to meet the re-
this section shall provide for coordination of way, or new construction, including for a paved quirements of subparagraph (A) if such State
various subdivisions of a unit of local govern- shoulder. department of transportation publishes on a
ment in the implementation of the plan, includ- (B) EXCLUSIONS.—The term ‘‘covered highway public website—
ing subdivisions responsible for law enforce- construction project’’ excludes any project— (i) the State transportation improvement pro-
ment, public health, data collection, and public (i) awarded before the date on which regula- gram on at least an annual basis; and
works. tions required under subsection (b) take effect; (ii) projects within the highway right-of-way
(f) SAFETY PERFORMANCE MANAGEMENT.—A (ii) that does not include work beyond the for which Federal funding is expected to be obli-
vision zero plan under this section is not suffi- edge of pavement or current paved shoulder; or gated in the subsequent fiscal year.
cient to demonstrate compliance with the safety (iii) that does not require excavation. (C) COORDINATION.—The State department of
performance or planning requirements of section (7) DIG ONCE REQUIREMENT.—The term ‘‘dig transportation, in consultation with appropriate
148 or 150 of title 23, United States Code. once requirement’’ means a requirement de- State agencies, shall establish a process for a
SEC. 1602. SPEED LIMITS. signed to reduce the cost and accelerate the de- broadband provider to commit to installing
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(a) SPEED LIMITS.—The Secretary of Trans- ployment to broadband by minimizing the num- broadband conduit or broadband infrastructure
portation shall revise the Manual on Uniform ber and scale of repeated excavations for the in- as part of any project.
Traffic Control Devices to provide for a safe sys- stallation and maintenance of broadband con- (3) REQUIRED INSTALLATION OF CONDUIT.—
tem approach to setting speed limits, consistent duit or broadband infrastructure in rights-of- (A) IN GENERAL.—The State department of
with the safety recommendations issued by the way. transportation shall install broadband conduit,
National Transportation Safety Board on Au- (8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ in accordance with this paragraph, except as
gust 15, 2017, numbered H–17–27 and H–17–028. has the meaning given such term in section 4(e) described in subparagraph (F), as part of any
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H2736 CONGRESSIONAL RECORD — HOUSE June 30, 2020
covered highway construction project, unless a (v) COMMUNICATION.—A broadband provider (C) BROADBAND PROVIDERS.—The Secretary
broadband provider has committed to install with access to the conduit installed pursuant to shall ensure that the entities consulted under
broadband conduit or broadband infrastructure this subsection shall notify and receive permis- clause (vii) of subparagraph (A) include entities
as part of such project in a process described sion from the relevant agencies of State respon- who provide broadband to rural areas and pop-
under paragraph (2)(C). sible for the installation of such broadband con- ulations with limited access to broadband infra-
(B) INSTALLATION REQUIREMENTS.—The State duit prior to accessing any highway or highway structure.
department of transportation shall ensure right-of-way, in accordance with applicable (6) PROHIBITION ON UNFUNDED MANDATE.—
that— Federal requirements. (A) IN GENERAL.—This subsection shall apply
(i) an appropriate number of broadband con- (E) TREATMENT OF PROJECTS.—Notwith- only to projects for which Federal obligations or
duits, as determined in consultation with the standing any other provision of law, broadband expenditures are initially approved on or after
appropriate State agencies, are installed along conduit and broadband infrastructure installa- the date regulations required under this sub-
the highway of a covered highway construction tion projects under this paragraph shall comply section take effect.
project to accommodate multiple broadband pro- with section 113(a) of title 23, United States (B) NO MANDATE.—Absent an available and
viders, with consideration given to the avail- Code. dedicated Federal source of funding—
ability of existing conduits; (F) WAIVER AUTHORITY.— (i) nothing in this subsection establishes a
(ii) the size of each such conduit is consistent (i) IN GENERAL.—A State department of trans- mandate or requirement that a State install
with industry best practices and is sufficient to portation may waive the required installation of broadband conduit in a highway right-of-way;
accommodate potential demand, as determined broadband conduit for part or all of any covered and
in consultation with the appropriate State agen- highway construction project under this para- (ii) nothing in paragraph (3) shall establish
cies; graph if, in the determination of the State— any requirement for a State.
(iii) hand holes and manholes necessary for (I) broadband infrastructure, terrestrial (7) RULES OF CONSTRUCTION.—
fiber access and pulling with respect to such broadband infrastructure, aerial broadband (A) STATE LAW.—Nothing in this subsection
conduit are placed at intervals consistent with fiber cables, or broadband conduit is present shall be construed to require a State to install or
standards determined in consultation with the near a majority of the length of the covered allow the installation of broadband conduit or
appropriate State agencies (which may differ by highway construction project; broadband infrastructure—
type of road, topologies, and rurality) and con- (II) the installation of conduit increases over- (i) that is otherwise inconsistent with what is
sistent with safety requirements; all costs of a covered highway construction allowable under State law; or
(iv) each broadband conduit installed pursu- project by 1.5 percent or greater; (ii) where the State lacks the authority or
ant to this paragraph includes a pull tape and (III) the installation of broadband conduit as- property easement necessary for such installa-
is capable of supporting fiber optic cable place- sociated with covered highway construction tion.
ment techniques consistent with best practices; project will not be utilized or connected to fu- (B) NO REQUIREMENT FOR INSTALLATION OF
and ture broadband infrastructure in the next 20 MOBILE SERVICES EQUIPMENT.—Nothing in this
(v) is placed at a depth consistent with re- years, in the determination of the State depart- section shall be construed to require a State, a
quirements of the covered highway construction ment of transportation, in consultation with ap- municipal government incorporated under State
project and best practices and that, in deter- propriate State agencies and potentially affected law, or an Indian Tribe to install or allow for
mining the depth of placement, consideration is local governments and Tribal governments; the installation of equipment essential for the
given to the location of existing utilities and (IV) the requirements of this paragraph would provision of commercial mobile services (as de-
cable separation requirements of State and local require installation of conduit redundant with a fined in section 332(d) of the Communications
electrical codes. dig once requirement of a local or Tribal govern- Act of 1934 (47 U.S.C. 332(d))) or commercial mo-
(C) GUIDANCE FOR THE INSTALLATION OF ment; bile data service (as defined in section 6001 of
BROADBAND CONDUIT.—The Secretary, in con- (V) there exists a circumstance involving force the Middle Class Tax Relief and Job Creation
sultation with the NTIA Administrator, shall majeure; or Act of 2012 (47 U.S.C. 1401)), other than
issue guidance for best practices related to the (VI) other relevant factors, as determined by broadband conduit and associated equipment
installation of broadband conduit as described the Secretary in consultation with the NTIA Ad- described in paragraph (3)(B).
in this paragraph and of conduit and similar in- ministrator through regulation, warrant a waiv- (c) RELATION TO STATE DIG ONCE REQUIRE-
frastructure for intelligent transportation sys- er. MENTS.—Nothing in subsection (b) or any regu-
tems (as such term is defined in section 501 of (ii) CONTENTS OF WAIVER.—A waiver author- lations promulgated under subsection (b) shall
title 23, United States Code) that may utilize ized under this subparagraph shall— be construed to alter or supersede any provision
(I) identify the covered highway construction of a State law or regulation that provides for a
broadband conduit installed pursuant to this
project; and dig once requirement that includes similar or
paragraph.
(II) include a brief description of the deter-
(D) ACCESS.— more stringent requirements to the provisions of
mination of the State for issuing such waiver.
(i) IN GENERAL.—The State department of subsection (b) and any regulations promulgated
(iii) AVAILABILITY OF WAIVER.—A waiver au-
transportation shall ensure that any requesting under subsection (b).
thorized under this subparagraph shall be in-
broadband provider has access to each (d) DIG ONCE FUNDING TASK FORCE.—
cluded in the plans, specifications, and esti-
broadband conduit installed pursuant to this (1) ESTABLISHMENT.—There is established an
mates for the associated project, as long as such
paragraph, on a competitively neutral and non- independent task force on funding the nation-
info is publicly available.
discriminatory basis, and in accordance with (4) PRIORITY.—If a State provides for the in- wide dig once requirement described in this sec-
State permitting, licensing, leasing, or other stallation of broadband infrastructure or tion to be known as the ‘‘Dig Once Funding
similar laws and regulations. broadband conduit in the right-of-way of an ap- Task Force’’ (hereinafter referred to as the
(ii) FEE SCHEDULE.—The State department of ‘‘Task Force’’).
plicable project under this subsection, the State
transportation, in consultation with appropriate (2) DUTIES.—The duties of the Task Force
department of transportation, along with appro-
State agencies, shall publish a fee schedule for shall be to—
priate State agencies, shall carry out appro-
a broadband provider to access conduit installed (A) estimate the annual cost for implementing
priate measures to ensure that any existing
pursuant to this paragraph. Fees in such sched- and administering a nationwide dig once re-
broadband providers are afforded equal oppor-
ule— quirement; and
tunity access, as compared to other broadband
(I) shall be consistent with the fees established (B) propose and evaluate options for funding
providers, with respect to the program under
pursuant to section 224 of the Communications a nationwide dig once requirement described in
this subsection.
Act of 1934 (47 U.S.C. 224); (5) CONSULTATION.— this section that includes—
(II) may vary by topography, location, type of (A) IN GENERAL.—In promulgating regulations (i) a discussion of the role and potential share
road, rurality, and other factors in the deter- required by this subsection or to implement any of costs of—
mination of the State; and part of this section, the Secretary shall con- (I) the Federal Government;
(III) may be updated not more frequently than (II) State, local, and Tribal governments; and
sult—
annually. (i) the NTIA Administrator; (III) broadband providers; and
(iii) IN-KIND COMPENSATION.—The State de- (ii) the Federal Communications Commission; (ii) consideration of the role of existing dig
partment of transportation may negotiate in- (iii) State departments of transportation; once requirements of State, local, and Tribal
kind compensation with any broadband pro- (iv) appropriate State agencies; governments and private broadband investment,
vider requesting access to broadband conduit in- (v) agencies of local governments responsible with a goal to not discourage or disincentivize
stalled under the provisions of this paragraph for transportation and rights-of-way, utilities, such dig once requirements or such investment.
as a replacement for part or all of, but not to ex- and telecommunications and broadband; (3) REPORTS.—
ceed, the relevant fee in the fee schedule de- (vi) Tribal governments; (A) INTERIM REPORT AND BRIEFING.—Not later
scribed in clause (ii). (vii) broadband providers; and than 9 months after the date of enactment of
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(iv) SAFETY CONSIDERATIONS.—The State de- (viii) manufacturers of optical fiber, conduit, this Act, the Task Force shall submit an interim
partment of transportation shall require of pull tape, and related items. report to Congress and provide briefings for
broadband providers a process for safe access to (B) BROADBAND USERS.—The Secretary shall Congress on the findings of the Task Force.
the highway right-of-way during installation ensure that the entities consulted under clauses (B) FINAL REPORT.—Not later than 12 months
and on-going maintenance of the broadband (iii) through (vi) of subparagraph (A) include after the date of enactment of this Act, the Task
fiber optic cables including a traffic control rural areas and populations with limited access Force shall submit a final report to Congress on
safety plan. to broadband infrastructure. the findings of the Task Force.
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2737
(4) MEMBERS.— Telecommunications and Information Adminis- ‘‘(d) EXCHANGE AGREEMENTS.—
(A) APPOINTMENTS.—The Task Force shall tration, or another Federal agency the co-chair- ‘‘(1) IN GENERAL.—The Secretary shall enter
consist of 14 members, consisting of— persons consider appropriate, with the consent into an agreement with each Appalachian State
(i) the 2 co-chairs described in subparagraph of the head of the Federal agency, and such that submits a request under subsection
(B); detailee shall retain the rights, status, and (c)(1)(A)(i) under which—
(ii) 6 members jointly appointed by the Speak- privileges of his or her regular employment ‘‘(A) the Appalachian State shall return to
er and minority leader of the House of Rep- without interruption. the Secretary all, or at the discretion of the Ap-
resentatives, in consultation with the respective (C) ADMINISTRATIVE ASSISTANCE.—The Sec- palachian State, a portion of, the unobligated
Chairs and Ranking Members of the— retary and NTIA Administrator shall provide to amounts from the Highway Trust Fund (includ-
(I) the Committee on Transportation and In- the Task Force on a reimbursable basis adminis- ing the applicable amount of contract authority
frastructure of the House of Representatives; trative support and other services for the per- and an equal amount of special no-year obliga-
(II) the Committee on Energy and Commerce formance of the functions of the Task Force. tion limitation associated with that contract au-
of the House of Representatives; and (7) TERMINATION.—The Task Force shall ter- thority) apportioned to the Appalachian State
(III) the Committee on Appropriations of the minate not later than 90 days after issuance of for the Appalachian development highway sys-
House of Representatives; and the final report required under paragraph tem under section 14501 of title 40 (but not in-
(iii) 6 members jointly appointed by the major- (3)(B). cluding any amounts made available by an ap-
ity leader and minority leader of the Senate, in SEC. 1604. BALANCE EXCHANGES FOR INFRA- propriations Act without an initial authoriza-
consultation with the respective Chairs and STRUCTURE PROGRAM. tion); and
Ranking Members of the— (a) IN GENERAL.—Chapter 1 of title 23, United ‘‘(B) the Secretary shall transfer to the Appa-
(I) the Committee on Environment and Public States Code, is further amended by adding at lachian State, from amounts transferred to the
Works of the Senate; the end the following: program under subsection (f)(2) for that fiscal
(II) the Committee on Commerce, Science, and year, an amount (including the applicable
‘‘§ 174. Balance Exchanges for Infrastructure
Transportation of the Senate; and amount of contract authority and an equal
Program
(III) the Committee on Appropriations of the amount of annual obligation limitation) equal to
Senate. ‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ADMINISTRATIVELY ALLOCATED.—The
the amount that the Appalachian State re-
(B) CO-CHAIRS.—The Task Force shall be co- turned under subparagraph (A) that shall be
chaired by the Secretary and the NTIA Adminis- term ‘administratively allocated’ means the allo-
cation by the Secretary of budget authority for used to carry out projects described in para-
trator, or their designees. graph (3).
(C) COMPOSITION.—The Task Force shall in- a project under the TIFIA program that occurs
when— ‘‘(2) STATE LIMITATION.—The amount of con-
clude at least— tract authority returned by an Appalachian
(i) 1 representative from a State department of ‘‘(A) a potential applicant has been invited
into the creditworthiness phase for a project State under paragraph (1)(A) may not exceed
transportation; the amount of the special no-year obligation
(ii) 1 representative from a local government; under the TIFIA program; or
‘‘(B) the project is subject to a master credit limitation available to the Appalachian State
(iii) 1 representative from a Tribal govern-
agreement (as defined in section 601(a)), in ac- prior to the return of the special no-year obliga-
ment;
cordance with section 602(b)(2). tion limitation under that paragraph.
(iv) 1 representative from a broadband pro-
‘‘(2) APPALACHIAN STATE.—The term ‘Appa- ‘‘(3) ELIGIBLE PROJECTS.—
vider;
lachian State’ means a State that contains 1 or ‘‘(A) IN GENERAL.—A project eligible to be car-
(v) 1 representative from a State or local
more counties in the Appalachian region (as de- ried out using funds transferred to an Appa-
broadband provider;
fined in section 14102(a) of title 40). lachian State under paragraph (1)(B) is a
(vi) 1 representative from a labor union; and
(vii) 1 representative from a public interest or- ‘‘(3) PROGRAM.—The term ‘program’ means project described in subsections (b) and (c) of
ganization. the Balance Exchanges for Infrastructure Pro- section 133.
(D) APPOINTMENT DEADLINE.—Members shall gram established under subsection (b). ‘‘(B) FEDERAL SHARE.—The Federal share of
be appointed to the Task Force not later than 60 ‘‘(4) TIFIA CARRYOVER BALANCE.— the cost of a project carried out using funds
days after the date of enactment of this Act. ‘‘(A) IN GENERAL.—The term ‘TIFIA carryover transferred to an Appalachian State under
(E) EFFECT OF LACK OF APPOINTMENT BY AP- balance’ means the amounts made available for paragraph (1)(B) shall be up to 100 percent, at
POINTMENT DATE.—If 1 or more appointments re- the TIFIA program for previous fiscal years that the discretion of the Appalachian State.
quired under subparagraph (A) is not made by are unobligated and have not been administra- ‘‘(C) APPLICATION OF SECTION 133.—Except as
the appointment date specified in subparagraph tively allocated. otherwise provided in this paragraph, section
(D), the authority to make such appointment or ‘‘(B) INCLUSION.—The term ‘TIFIA carryover 133 shall not apply to a project carried out using
appointments shall expire and the number of balance’ includes— funds transferred to an Appalachian State
members of the Task Force shall be reduced by ‘‘(i) the applicable amount of contract author- under paragraph (1)(B).
the number equal to the number of appoint- ity for the amounts described in subparagraph ‘‘(4) TOTAL LIMITATION.—For each fiscal year,
ments so expired. (A); and the total amount exchanged under paragraph
(F) TERMS.—Members shall be appointed for ‘‘(ii) the equivalent amount of obligation limi- (1) shall not exceed the amount available to be
the life of the Task Force. A vacancy in the tation for the fiscal year in which the Secretary transferred to the program under subsection (f).
Task Force shall not affect its powers and shall makes a transfer under subsection (f)(2). ‘‘(5) AMOUNTS EXCHANGED.—For each fiscal
be filled in the same manner as the initial ap- ‘‘(5) TIFIA PROGRAM.—The term ‘TIFIA pro- year, if the total amount requested by all Appa-
pointment was made. gram’ has the meaning given the term in section lachian States to return under paragraph (1)(A)
(5) CONSULTATIONS.—In carrying out the du- 601(a). is greater than the amount described in para-
ties required under this subsection, the Task ‘‘(b) ESTABLISHMENT.—The Secretary shall es- graph (4), the Secretary shall exchange amounts
Force shall consult, at a minimum— tablish a program, to be known as the ‘Balance under paragraph (1) based on the proportion
(A) the Federal Communications Commission; Exchanges for Infrastructure Program’, in ac- that—
(B) agencies of States including— cordance with this section to provide flexibility ‘‘(A) the amount requested to be returned for
(i) State departments of transportation; and for the Secretary and States to improve highway the fiscal year by the Appalachian State; bears
(ii) appropriate State agencies; infrastructure. to
(C) agencies of local governments responsible ‘‘(c) OFFER TO FUND PROJECTS OR EXCHANGE ‘‘(B) the amount requested to be returned for
for transportation and rights of way, utilities, FUNDS.— the fiscal year by all Appalachian States.
and telecommunications and broadband; ‘‘(1) SOLICITATION.—For each fiscal year for ‘‘(e) APPALACHIAN DEVELOPMENT HIGHWAY
(D) Tribal governments; which an amount is reserved under subsection SYSTEM CORRIDOR GRANTS.—
(E) broadband providers and other tele- (f)(1), the Secretary shall— ‘‘(1) IN GENERAL.—Using amounts returned to
communications providers; ‘‘(A) not later than December 1 of that fiscal the Secretary under subsection (d)(1)(A), the
(F) labor unions; and year— Secretary shall provide grants of contract au-
(G) State or local broadband providers and ‘‘(i) solicit requests from Appalachian States thority, to remain available until expended, and
Tribal governments that act as broadband pro- to return amounts under subsection (d)(1)(A); subject to special no-year obligation limitation,
viders. and on a competitive basis to Appalachian States for
(6) ADDITIONAL PROVISIONS.— ‘‘(ii) solicit applications from Appalachian eligible projects described in paragraph (2).
(A) EXPENSES FOR NON-FEDERAL MEMBERS.— States for grants under subsection (e); and ‘‘(2) ELIGIBLE PROJECT.—A project eligible to
Non-Federal members of the Task Force shall be ‘‘(B) require that, not later than 60 days after be carried out with a grant under this sub-
allowed travel expenses, including per diem in the date of the solicitations under subparagraph section is a project that is—
lieu of subsistence, at rates authorized for em- (A), each Appalachian State that elects to par- ‘‘(A) eligible under section 14501 of title 40 as
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ployees under subchapter I of chapter 57 of title ticipate in the program shall submit to the Sec- of the date of enactment of this section; and
5, United States Code, while away from their retary either— ‘‘(B) reasonably expected to begin construc-
homes or regular places of business in the per- ‘‘(i) a request that describes the amount that tion by not later than 2 years after the date of
formance of services for the Task Force. the Appalachian State requests to return under obligation of funds provided under this sub-
(B) STAFF.—Staff of the Task Force shall com- subsection (d)(1)(A); or section for the project.
prise detailees with relevant expertise from the ‘‘(ii) an application for a grant under sub- ‘‘(3) APPLICATION.—To be eligible to receive a
Department of Transportation and the National section (e). grant under this subsection, an Appalachian
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H2738 CONGRESSIONAL RECORD — HOUSE June 30, 2020
State shall submit to the Secretary an applica- (2) REQUIREMENTS.—In conducting the study Guidelines for Pedestrian Facilities in the Pub-
tion at such time, in such manner, and con- under the agreement entered into pursuant to lic Right-of-Way’’ (76 Fed. Reg. 44664); and
taining such information as the Secretary may paragraph (1), the Transportation Research (2) the supplemental notice of proposed rule-
require. Board shall— making published on February 13, 2013, titled
‘‘(4) FEDERAL SHARE.—The Federal share of (A) review and supplement, as appropriate, ‘‘Accessibility Guidelines for Pedestrian Facili-
the cost of a project carried out using a grant the methodologies examined and recommended ties in the Public Right-of-Way; Shared Use
provided under this subsection shall be up to 100 in the 2019 report of the National Academies of Paths’’ (78 Fed. Reg. 10110).
percent, at the discretion of the Appalachian Sciences, Engineering, and Medicine titled ‘‘Ap- (c) ADOPTION OF REGULATIONS.—Not later
State. proaches for Determining and Complying with than 180 days after the establishment of the
‘‘(5) LIMITATION.—An Appalachian State that TMDL Requirements Related to Roadway guidelines pursuant to subsection (a), the Sec-
enters into an agreement to exchange funds Stormwater Runoff’’; retary shall issue such regulations as are nec-
under subsection (d) for any fiscal year shall (B) consult with— essary to adopt such guidelines.
not be eligible to receive a grant under this sub- (i) the Secretary of Transportation; SEC. 1607. HIGHWAY FORMULA MODERNIZATION
section. (ii) the Secretary of Agriculture; REPORT.
‘‘(f) TRANSFER FROM TIFIA PROGRAM.— (iii) the Administrator; (a) HIGHWAY FORMULA MODERNIZATION
‘‘(1) IN GENERAL.—On October 1 of each fiscal (iv) the Secretary of the Army, acting through
STUDY.—
year, the Secretary shall reserve, for the purpose the Chief of Engineers; and (1) IN GENERAL.—The Secretary of Transpor-
of funding transfers under paragraph (2) until (v) State departments of Transportation; and
tation, in consultation with the State depart-
the transfers are completed, the amount of (C) solicit input from—
(i) stakeholders with experience in imple- ments of transportation and representatives of
TIFIA carryover balance that exceeds the local governments (including metropolitan plan-
menting stormwater management practices for
amount available to carry out the TIFIA pro- ning organizations), shall conduct a highway
projects; and
gram for that fiscal year. formula modernization study to assess the meth-
(ii) educational and technical stormwater
‘‘(2) TRANSFERS.—For each fiscal year, not od and data used to apportion Federal-aid high-
management groups.
later than 60 days after the date on which the way funds under subsections (b) and (c) of sec-
(3) REPORT.—In carrying out the agreement
Secretary receives the responses to the solicita- tion 104 of title 23, United States Code, and issue
entered into pursuant to paragraph (1), not
tions under subsection (c)(1), the Secretary shall recommendations on such method and data.
later than 18 months after the date of enactment
transfer from the TIFIA program to the program (2) ASSESSMENT.—The highway formula mod-
of this Act, the Transportation Research Board
an amount of contract authority and equal ernization study required under paragraph (1)
shall submit to the Secretary of Transportation,
amount of obligation limitation that is equal to shall include an assessment of, based on the lat-
the Administrator, the Committee on Transpor-
the lesser of— est available data, whether the apportionment
tation and Infrastructure of the House of Rep-
‘‘(A) the total amount requested by all Appa- method under such section results in—
resentatives, and the Committee on Environment
lachian States for the fiscal year under sub- (A) an equitable distribution of funds based
and Public Works of the Senate a report describ-
section (c)(1)(B)(i); on the estimated tax payments attributable to—
‘‘(B) the total amount requested by all Appa- ing the results of the study.
(b) STORMWATER BEST MANAGEMENT PRAC- (i) highway users in the State that are paid
lachian States for grants under subsection into the Highway Trust Fund; and
TICES REPORTS.—
(c)(1)(B)(ii); and (ii) individuals in the State that are paid to
(1) REISSUANCE.—Not later than 180 days after
‘‘(C) the amount reserved under paragraph the Treasury, based on contributions to the
the date of enactment of this Act, the Adminis-
(1).’’. Highway Trust Fund from the general fund of
(b) CLERICAL AMENDMENT.—The analysis for trator shall update and reissue the best manage-
ment practices reports to reflect new information the Treasury; and
chapter 1 of title 23, United States Code, is fur- (B) the achievement of the goals described in
ther amended by adding at the end the fol- and advancements in stormwater management.
(2) UPDATES.—Not less frequently than once section 101(b)(3) of title 23, United States Code.
lowing: (3) CONSIDERATIONS.—In carrying out the as-
every 5 years after the date on which the Sec-
‘‘174. Balance Exchanges for Infrastructure Pro- retary reissues the best management practices sessment under paragraph (2), the Secretary
gram.’’. reports under paragraph (1), the Secretary shall shall consider the following:
SEC. 1605. STORMWATER BEST MANAGEMENT update and reissue the best management prac- (A) The factors described in sections 104(b),
PRACTICES. 104(f)(2), 104(h)(2), 130(f), and 144(e) of title 23,
tices reports, unless the contents of the best
(a) STUDY.— management practices reports have been incor- United States Code, as in effect on the date of
(1) IN GENERAL.—Not later than 180 days after porated (including by reference) into applicable enactment of SAFETEA–LU (Public Law 109–
the date of enactment of this Act, the Secretary regulations of the Secretary. 59).
of Transportation and the Administrator shall (c) DEFINITIONS.—In this section: (B) The availability and accuracy of data
seek to enter into an agreement with the Trans- (1) ADMINISTRATOR.—The term ‘‘Adminis- necessary to calculate formula apportionments
portation Research Board of the National Acad- trator’’ means the Administrator of the Environ- under the factors described in subparagraph
emy of Sciences to under which the Transpor- mental Protection Agency. (A).
tation Research Board shall conduct a study— (2) BEST MANAGEMENT PRACTICES REPORTS.— (C) The measures established under section
(A) to estimate pollutant loads from The term ‘‘best management practices reports’’ 150 of title 23, United States Code, and whether
stormwater runoff from highways and pedes- means— such measures are appropriate for consideration
trian facilities eligible for assistance under title (A) the 2014 report sponsored by the Depart- as formula apportionment factors.
23, United States Code, to inform the develop- ment of Transportation titled ‘‘Determining the (D) The results of the CMAQ formula mod-
ment of appropriate total maximum daily load State of the Practice in Data Collection and ernization study required under subsection (b).
requirements; Performance Measurement of Stormwater Best (E) Any other factors that the Secretary deter-
(B) to provide recommendations (including Management Practices’’ (FHWA–HEP–16–021); mines are appropriate.
recommended revisions to existing laws and reg- and (4) RECOMMENDATIONS.—The Secretary shall,
ulations) regarding the evaluation and selection (B) the 2000 report sponsored by the Depart- in consultation with the State departments of
by State departments of transportation of poten- ment of Transportation titled ‘‘Stormwater Best transportation and representatives of local gov-
tial stormwater management and total maximum Management Practices in an Ultra-Urban Set- ernments (including metropolitan planning or-
daily load compliance strategies within a water- ting: Selection and Monitoring’’. ganizations), develop recommendations on a
shed, including environmental restoration and (3) TOTAL MAXIMUM DAILY LOAD.—The term new apportionment method, including—
pollution abatement carried out under section ‘‘total maximum daily load’’ has the meaning (A) the factors recommended to be included in
328 of title 23, United States Code; given such term in section 130.2 of title 40, Code such apportionment method;
(C) to examine the potential for the Secretary of Federal Regulations (or successor regula- (B) the weighting recommended to be applied
to assist State departments of transportation in tions). to the factors under subparagraph (A); and
carrying out and communicating stormwater SEC. 1606. PEDESTRIAN FACILITIES IN THE PUB- (C) any other recommendations to ensure that
management practices for highways and pedes- LIC RIGHT-OF-WAY. the apportionment method best achieves an eq-
trian facilities that are eligible for assistance (a) IN GENERAL.—Not later than 180 days uitable distribution of funds described under
under title 23, United States Code, through in- after the date of enactment of this Act, the Ar- paragraph (2)(A) and the goals described in
formation-sharing agreements, database assist- chitectural and Transportation Barriers Compli- paragraph (2)(B).
ance, or an administrative platform to provide ance Board established under section 502(a)(1) (b) CMAQ FORMULA MODERNIZATION
the information described in subparagraphs (A) of the Rehabilitation Act of 1973 (29 U.S.C. 792), STUDY.—
and (B) to entities issued permits under the Fed- in consultation with the Secretary of Transpor- (1) IN GENERAL.—Not later than 1 year after
eral Water Pollution Control Act (33 U.S.C. 1251 tation, shall establish accessibility guidelines the date of enactment of this Act, the Secretary
et seq.); and setting forth minimum standards for pedestrian of Transportation, in consultation with the Ad-
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(D) to examine the benefit of concentrating facilities in the public right-of-way. ministrator of the Environmental Protection
stormwater retrofits in impaired watersheds and (b) CONTENT OF GUIDANCE.—The guidelines Agency, shall conduct an CMAQ formula mod-
selecting such retrofits according to a process described in subsection (a) shall be substantially ernization study to assess whether the appor-
that depends on a watershed management plan similar to, and carried out under the same stat- tionment method under section 104(b)(4) of title
developed in accordance with section 319 of the utory authority as— 23, United States Code, results in a distribution
Federal Water Pollution Control Act (33 U.S.C. (1) the notice of proposed rulemaking pub- of funds that best achieves the air quality goals
1329). lished on July 26, 2011, titled ‘‘Accessibility of section 149 of such title.
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2739
(2) CONSIDERATIONS.—In providing consulta- developing a 21st century surface transportation (g) PERIOD OF APPOINTMENT.—Members shall
tion under this subsection, the Administrator of workforce (in this section referred to as the be appointed to the Task Force for the duration
the Environmental Protection Agency shall pro- ‘‘Task Force’’). of the existence of the Task Force.
vide to the Secretary an analysis of— (b) DUTIES.—Not later than 12 months after (h) COMPENSATION.—Task Force members
(A) factors that contribute to the apportion- the establishment of the Task Force under sub- shall serve without compensation.
ment, including population, types of pollutants, section (a), the Task Force shall develop and (i) SUNSET.—The Task Force shall terminate
and severity of pollutants, as such factors were submit to the Secretary recommendations and upon the submission of the report required
determined on the date prior to the date of en- strategies for the Department of Transportation under subsection (e).
actment of MAP–21; to— (j) DEFINITIONS.—In this section:
(B) the weighting of the factors listed under (1) evaluate the current and future state of (1) PRE-APPRENTICESHIP.—The term ‘‘pre-ap-
subparagraph (A); and the surface transportation workforce, including prenticeship’’ means a training model or pro-
(C) the recency of the data used in making the projected job needs in the surface transportation gram that prepares individuals for acceptance
apportionment under section 104(b)(4) of title 23, sector; into a registered apprenticeship and has a dem-
United States Code. (2) identify factors influencing individuals onstrated partnership with 1 or more registered
(3) RECOMMENDATIONS.—If, in conducting the pursuing careers in surface transportation, in- apprenticeships.
cluding barriers to attracting individuals into (2) REGISTERED APPRENTICESHIP.—The term
study under this subsection, the Secretary finds
the workforce; ‘‘registered apprenticeship’’ means an appren-
that modifying the apportionment method under
(3) address barriers to retaining individuals in ticeship program registered under the Act of Au-
section 104(b)(4) of title 23, United States Code,
surface transportation careers; gust 16, 1937 (29 U.S.C. 50 et seq.; commonly
would best achieve the air quality goals of sec-
(4) identify and address potential impacts of known as the ‘‘National Apprenticeship Act’’),
tion 149 of title 23, United States Code, the Sec-
emerging technologies on the surface transpor- that satisfies the requirements of parts 29 and 30
retary shall, in consultation with the Adminis-
tation workforce; of title 29, Code of Federal Regulations (as in ef-
trator, include in such study recommendations
(5) increase access for vulnerable or underrep- fect on January 1, 2020).
for a new apportionment method, including—
resented populations, especially women and mi- SEC. 1611. ON-THE-JOB TRAINING AND SUP-
(A) the factors recommended to be included in
norities, to high-skill, in-demand surface trans- PORTIVE SERVICES.
such apportionment method;
portation careers; Section 140(b) of title 23, United States Code,
(B) the weighting recommended to be applied
(6) facilitate and encourage elementary, sec- is amended to read as follows:
to the factors under subparagraph (A); and ‘‘(b) WORKFORCE TRAINING AND DEVELOP-
ondary, and post-secondary students in the
(C) any other recommendations to ensure that MENT.—
United States to pursue careers in the surface
the apportionment method best achieves the air ‘‘(1) IN GENERAL.—The Secretary, in coopera-
transportation sector; and
quality goals section 149 of such title. (7) identify and develop pathways for stu- tion with the Secretary of Labor and any other
(c) REPORT.—No later than 2 years after the dents and individuals to secure pre-apprentice- department or agency of the Government, State
date of enactment of this Act, the Secretary ships, registered apprenticeships, and other agency, authority, association, institution, In-
shall submit to the Committee on Transportation work-based learning opportunities in the sur- dian Tribal government, corporation (profit or
and Infrastructure of the House of Representa- face transportation sector of the United States. nonprofit), or any other organization or person,
tives and the Committee on Environment and (c) CONSIDERATIONS.—In developing rec- is authorized to develop, conduct, and admin-
Public Works of the Senate a report containing ommendations and strategies under subsection ister surface transportation and technology
the results of the highway formula moderniza- (b), the Task Force shall— training, including skill improvement programs,
tion study and the CMAQ formula moderniza- (1) identify factors that influence whether and to develop and fund summer transportation
tion study. young people pursue careers in surface trans- institutes.
SEC. 1608. CONSOLIDATION OF PROGRAMS. portation, especially traditionally underrep- ‘‘(2) STATE RESPONSIBILITIES.—A State depart-
Section 1519 of MAP–21 (Public Law 112–141) resented populations, including women and mi- ment of transportation participating in the pro-
is amended— norities; gram under this subsection shall—
(1) in subsection (a)— (2) consider how the Department, businesses, ‘‘(A) develop an annual workforce plan that
(A) by striking ‘‘fiscal years 2016 through industry, labor, educators, and other stake- identifies immediate and anticipated workforce
2020’’ and inserting ‘‘fiscal years 2022 through holders can coordinate efforts to support quali- gaps and underrepresentation of women and mi-
2025’’; and fied individuals in pursuing careers in the sur- norities and a detailed plan to fill such gaps
(B) by striking ‘‘$3,500,000’’ and inserting face transportation sector; and address such underrepresentation;
‘‘$4,000,000’’; (3) identify methods of enhancing surface ‘‘(B) establish an annual workforce develop-
(2) by redesignating subsections (b) and (c) as transportation pre-apprenticeships and reg- ment compact with the State workforce develop-
subsections (c) and (d), respectively; and istered apprenticeships, job skills training, ment board and appropriate agencies to provide
(3) by inserting after subsection (a) the fol- mentorship, education, and outreach programs a coordinated approach to workforce training,
lowing: that are exclusive to youth in the United States; job placement, and identification of training
‘‘(b) FEDERAL SHARE.—The Federal share of and and skill development program needs, which
the cost of a project or activity carried out (4) identify potential sources of funding, in- shall be coordinated to the extent practical with
under subsection (a) shall be 100 percent.’’. cluding grants and scholarships, that may be an institution or agency, such as a State work-
SEC. 1609. STUDENT OUTREACH REPORT TO CON-
used to support youth and other qualified indi- force development board under section 101 of the
GRESS. viduals in pursuing careers in the surface trans- Workforce Innovation and Opportunities Act (29
(a) REPORT.—Not later than 180 days after the portation sector. U.S.C. 3111), that has established skills training,
(d) CONSULTATION.—In developing the rec- recruitment, and placement resources; and
date of enactment of this Act, the Secretary of
ommendations and strategies required under ‘‘(C) demonstrate program outcomes, includ-
Transportation shall submit to the Committee on
subsection (b), the Task Force may consult ing—
Transportation and Infrastructure of the House
with— ‘‘(i) impact on areas with transportation
of Representatives and the Committee on Envi-
(1) local educational agencies and institutes of workforce shortages;
ronment and Public Works of the Senate a re-
higher education, including community colleges ‘‘(ii) diversity of training participants;
port that describes the efforts of the Department ‘‘(iii) number and percentage of participants
and vocational schools; and
of Transportation to encourage elementary, sec- (2) State workforce development boards. obtaining certifications or credentials required
ondary, and post-secondary students to pursue (e) REPORT.—Not later than 60 days after the for specific types of employment;
careers in the surface transportation sector. submission of the recommendations and strate- ‘‘(iv) employment outcome, including job
(b) CONTENTS.—The report required under gies under subsection (b), the Secretary shall placement and job retention rates and earnings,
subsection (a) shall include— submit to the Committee on Transportation and using performance metrics established in con-
(1) a description of efforts to increase aware- Infrastructure of the House of Representatives sultation with the Secretary of Labor and con-
ness of careers related to surface transportation and the Committee on Environment and Public sistent with metrics used by programs under the
among elementary, secondary, and post-sec- Works of the Senate a report containing such Workforce Innovation and Opportunity Act (29
ondary students; recommendations and strategies. U.S.C. 3101 et seq.); and
(2) a description of efforts to prepare and in- (f) COMPOSITION OF TASK FORCE.—The Sec- ‘‘(v) to the extent practical, evidence that the
spire such students for surface transportation retary shall appoint members to the Task Force program did not preclude workers that partici-
careers; whose diverse background and expertise allow pate in training or registered apprenticeship ac-
(3) a description of efforts to support the de- such members to contribute balanced points of tivities under the program from being referred
velopment of a diverse, well-qualified workforce view and ideas in carrying out this section, com- to, or hired on, projects funded under this chap-
for future surface transportation needs; and prised of equal representation from each of the ter.
(4) the effectiveness of the efforts described in following: ‘‘(3) FUNDING.—From administrative funds
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paragraphs (1) through (3). (1) Industries in the surface transportation made available under section 104(a), the Sec-
SEC. 1610. TASK FORCE ON DEVELOPING A 21ST sector. retary shall deduct such sums as necessary, not
CENTURY SURFACE TRANSPOR- (2) Surface transportation sector labor organi- to exceed $10,000,000 in each fiscal year, for the
TATION WORKFORCE. zations. administration of this subsection. Such sums
(a) IN GENERAL.—Not later than 90 days after (3) Such other surface transportation stake- shall remain available until expended.
the date of enactment of this Act, the Secretary holders and experts as the Secretary considers ‘‘(4) NONAPPLICABILITY OF TITLE 41.—Sub-
of Transportation shall establish a task force on appropriate. sections (b) through (d) of section 6101 of title 41
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H2740 CONGRESSIONAL RECORD — HOUSE June 30, 2020
shall not apply to contracts and agreements (H) Indian Tribes, including Tribal elected (2) identify the expected cash price of toll
made under the authority granted to the Sec- leadership or Tribal transportation officials. credits;
retary under this subsection. (I) Any other stakeholders that the Secretary (3) analyze the impact of the exchange of toll
‘‘(5) USE OF SURFACE TRANSPORTATION PRO- determines appropriate. credits on transportation expenditures; and
GRAM AND NATIONAL HIGHWAY PERFORMANCE (3) TERMINATION.—The Working Group shall (4) identify any other repercussions of estab-
PROGRAM FUNDS.—Notwithstanding any other terminate 6 months after the date on which the lishing a toll credit exchange.
provision of law, not to exceed 1⁄2 of 1 percent of Secretary receives the report under subsection (b) SOLICITATION.—To carry out the require-
funds apportioned to a State under paragraph (e)(1). ments of this section, the Secretary shall solicit
(1) or (2) of section 104(b) may be available to (c) DUTIES.—In carrying out the study re- information from States eligible to use a credit
carry out this subsection upon request of the quired under subsection (a), the Working Group under section 120(i) of title 23, United States
State transportation department to the Sec- shall analyze— Code, including—
retary.’’. (1) the use of covered resources in transpor- (1) the amount of unused toll credits, includ-
SEC. 1612. APPALACHIAN DEVELOPMENT HIGH- tation projects funded with Federal dollars; ing—
WAY SYSTEM FUNDING FLEXIBILITY. (2) how the proximity of covered resources to (A) toll revenue generated and the sources of
(a) IN GENERAL.—Any funds made available such projects affects the cost and environmental that revenue;
to a State for the Appalachian development impact of such projects; (B) toll revenue used by public, quasi-public,
highway system program under subtitle IV of (3) whether and how State, Tribal, and local and private agencies to build, improve, or main-
title 40, United States Code, before the date of transportation and planning agencies consider tain highways, bridges, or tunnels that serve the
enactment of this Act may be used, at the re- covered resources when developing transpor- public purpose of interstate commerce; and
quest of such State to the Secretary of Transpor- tation projects; and (C) an accounting of any Federal funds used
tation, for the purposes described in section (4) any challenges for transportation project by the public, quasi-public, or private agency to
133(b) of title 23, United States Code. sponsors regarding access and proximity to cov- build, improve, or maintain the toll facility, to
(b) LIMITATION.—The authority in subsection ered resources. validate that the credit has been reduced by a
(a) may only be used by an Appalachian devel- (d) CONSULTATION.—In carrying out the study percentage equal to the percentage of the total
opment highway system State if all of the Appa- required under subsection (a), the Working cost of building, improving, or maintaining the
lachian development highway system corridors Group shall consult with, as appropriate— facility that was derived from Federal funds;
authorized by subtitle IV of title 40, United (1) chief executive officers of States; (2) the documentation of maintenance of ef-
States Code, in such State, have been fully com- (2) State, Tribal, and local transportation and fort for toll credits earned by the State; and
pleted and are open to traffic prior to the State planning agencies; (3) the accuracy of the accounting system of
making a request to the Secretary as described (3) other relevant State, Tribal, and local the State to earn and track toll credits.
in subsection (a). agencies, including State agencies associated (c) WEBSITE.—The Secretary shall make avail-
with covered resources protection; able a publicly accessible website on which a
SEC. 1613. TRANSPORTATION EDUCATION DEVEL-
OPMENT PROGRAM.
(4) members of the public with industry expe- State eligible to use a credit under section 120(i)
rience with respect to covered resources; of title 23, United States Code shall publish the
Section 504 of title 23, United States Code, is
(5) other Federal entities that provide funding information described under subsection (b)(1).
amended—
for transportation projects; and (d) EVALUATION AND RECOMMENDATIONS TO
(1) in subsection (e)(1) by inserting ‘‘and (8)
(6) any other stakeholder the Working Group CONGRESS.—Not later than 2 years after the
through (9)’’ after ‘‘paragraphs (1) through
determines appropriate. date of enactment of this Act, the Secretary
(4)’’; and
(e) REPORTS.— shall provide to the Committee on Transpor-
(2) in subsection (f) by adding at the end the
(1) WORKING GROUP REPORT.—Not later than 2 tation and Infrastructure of the House of Rep-
following:
years after the date on which the Working resentatives and the Committee on Environment
‘‘(4) REPORTS.—The Secretary shall submit to
Group is established, the Working Group shall and Public Works of the Senate, and make pub-
the Committee on Transportation and Infra-
submit to the Secretary a report that includes— licly available on the website of the Department
structure of the House of Representatives and
(A) the findings of the study required under of Transportation—
the Committee on Commerce, Science, and
subsection (a), including a summary of com- (1) an evaluation of the accuracy of the ac-
Transportation of the Senate an annual report
ments received during the consultation process counting and documentation of toll credits
that includes—
under subsection (d); and earned under section 120(i);
‘‘(A) a list of all grant recipients under this
(B) any recommendations to preserve access to (2) a determination whether a toll credit mar-
subsection;
and reduce the costs and environmental impacts ketplace is viable and cost effective;
‘‘(B) an explanation of why each recipient
of covered resources for infrastructure projects. (3) estimates, to the extent possible, of the av-
was chosen in accordance with the criteria
(2) DEPARTMENTAL REPORT.—Not later than 3 erage sale price of toll credits; and
under paragraph (2);
months after the date on which the Secretary (4) recommendations on any modifications
‘‘(C) a summary of each recipient’s objective
receives the report under paragraph (1), the Sec- necessary, including legislative changes, to es-
to carry out the purpose described in paragraph
retary shall submit to the Committee on Trans- tablish and implement a toll credit exchange
(1) and an analysis of progress made toward
portation and Infrastructure of the House of program.
achieving each such objective;
‘‘(D) an accounting for the use of Federal Representatives and the Committee on Environ- (e) DEFINITION.—In this section, the term
funds obligated or expended in carrying out this ment and Public Works of the Senate a sum- ‘‘State’’ has the meaning given the term in sec-
subsection; and mary of the findings under such report and any tion 101(a) of title 23, United States Code.
‘‘(E) an analysis of outcomes of the program recommendations, as appropriate. SEC. 1617. TRANSPORTATION CONSTRUCTION MA-
under this subsection.’’. (f) DEFINITIONS.—In this section: TERIALS PROCUREMENT.
(1) COVERED RESOURCES.—The term ‘‘covered (a) ESTABLISHMENT.—Not later than 180 days
SEC. 1614. WORKING GROUP ON CONSTRUCTION
RESOURCES.
resources’’ means common variety materials after the date of enactment of this Act, the Sec-
used in transportation infrastructure construc- retary of Transportation shall initiate a review
(a) ESTABLISHMENT.—Not later than 120 days
tion and maintenance, including stone, sand, of the procurement processes used by State de-
after the date of enactment of this Act, the Sec-
and gravel. partments of transportation to select construc-
retary of Transportation shall establish a work-
(2) STATE.—The term ‘‘State’’ means each of tion materials on projects utilizing Federal-aid
ing group (in this section referred to as the
the several States, the District of Columbia, and highway funds.
‘‘Working Group’’) to conduct a study on access
each territory or possession of the United States. (b) CONTENTS.—The review under subsection
to covered resources for infrastructure projects.
SEC. 1615. NUMBERING SYSTEM OF HIGHWAY (a) shall include—
(b) MEMBERSHIP.—
INTERCHANGES. (1) a review of competitive practices in the
(1) APPOINTMENT.—The Secretary shall ap-
point to the Working Group individuals with (a) IN GENERAL.—Notwithstanding section 315 bidding process for transportation construction
knowledge and expertise in the production and of title 23, United States Code, and section 1.36 materials;
transportation of covered resources. of title 23, Code of Federal Regulations, the Sec- (2) a list of States that currently issue bids
(2) REPRESENTATION.—The Working Group retary of Transportation may not impose a pen- that include flexibility in the type of construc-
shall include at least 1 representative of each of alty on a State that does not comply with sec- tion materials used to meet the project specifica-
the following: tion 2E.31 of the Manual on Uniform Traffic tions;
(A) State departments of transportation. Control Devices (or a successor section) with re- (3) any information provided by States on
(B) State agencies associated with covered re- spect to the numbering of highway inter- considerations that influence the decision to in-
sources protection. changes. clude competition by type of material in trans-
(C) State planning and geologic survey and (b) APPLICABILITY.—Subsection (a) shall only portation construction projects;
mapping agencies. apply to a method of numbering of a highway (4) any data on whether issuing bids that in-
interchange in effect on the date of enactment
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(D) Commercial motor vehicle operators, in- clude flexibility in the type of construction ma-
cluding small business operators and operators of this Act. terials used to meet the project specifications
who transport covered resources. SEC. 1616. TOLL CREDITS. will affect project costs over the lifecycle of an
(E) Covered resources producers. (a) PURPOSES.—The Secretary of Transpor- asset;
(F) Construction contractors. tation shall— (5) any data on the degree to which competi-
(G) Metropolitan planning organizations and (1) identify the extent of the demand to pur- tion leads to greater use of sustainable, innova-
regional planning organizations. chase toll credits; tive, or resilient materials; and
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2741
(6) an evaluation of any barriers to more SEC. 1620. WILDLIFE CROSSINGS. (d) CONSIDERATIONS.—In carrying out the
widespread use of competitive bidding processes (a) IN GENERAL.— study, the Transportation Research Board shall
for transportation construction materials. (1) OBLIGATION REQUIREMENT.—For each of determine the need for information related to
(c) REPORT.—Not later than 18 months after fiscal years 2022 through 2025, of the amounts climate resilient transportation infrastructure
the date of enactment of this Act, the Secretary apportioned to a State under paragraph (1) of by considering—
shall submit to the Committee on Transportation section 104(b) of title 23, United States Code, (1) the current informational and institutional
and Infrastructure of the House of Representa- each State shall obligate amounts distributed to barriers to integrating projected infrastructure
tives and the Committee on Environment and such State under subsection (b) for projects and risks posed by climate change into federal infra-
Public Works of the Senate, and make publicly strategies that reduce vehicle-caused wildlife structure planning, design, engineering, con-
available, a report on the review initiated by the mortality related to, or to restore and maintain struction, operation and maintenance;
Secretary pursuant to this section. connectivity among terrestrial or aquatic habi- (2) the critical information needed by engi-
SEC. 1618. CONSTRUCTION OF CERTAIN ACCESS tats affected by, a transportation facility other- neers, planners and those charged with infra-
AND DEVELOPMENT ROADS. wise eligible for assistance under section 119 of structure upgrades and maintenance to better
Section 118(d) of title 23, United States Code, title 23, United States Code. incorporate climate change risks and impacts
is amended by striking ‘‘and the Commonwealth (2) TOTAL AMOUNT.—The total amount to be over the lifetime of projects;
of Puerto Rico’’ and inserting ‘‘, the Common- obligated by all States under paragraph (1) shall (3) how to select an appropriate, adaptive en-
wealth of Puerto Rico, and any other territory equal $75,000,000 for each of fiscal years 2022 gineering design for a range of future climate
of the United States’’. through 2025. scenarios as related to infrastructure planning
SEC. 1619. NATIONWIDE ROAD SAFETY ASSESS- (b) DISTRIBUTION.—Each State’s share of the and investment;
MENT. amount described under subsection (a)(2) shall (4) how to incentivize and incorporate systems
(a) IN GENERAL.—The Secretary of Transpor- be determined by multiplying the amount de- thinking into engineering design to maximize
tation shall, every 2 years, conduct nationwide, scribed under such subsection by the ratio the benefits of multiple natural functions and
on-the-ground road safety assessments focused that— emissions reduction, as well as regional plan-
on pedestrian and bicycle safety in each State. (1) the amount apportioned in the previous ning;
(b) REQUIREMENTS.—The assessments required fiscal year to the State under section 104 of title (5) how to take account of the risks of cas-
under subsection (a) shall be conducted— 23, United States Code; bears to cading infrastructure failures and develop more
(1) by Department of Transportation field of- (2) the total amount of funds apportioned to holistic approaches to evaluating and mitigating
fices from the Federal Highway Administration, all States in the previous fiscal year. climate risks;
the National Highway Transportation Safety (c) STATE FLEXIBILITY.— (6) how to ensure that investments in infra-
Administration, the Federal Transit Administra- (1) IN GENERAL.—A State may opt out of the structure resilience benefit all communities, in-
tion, and the Federal Motor Carrier Safety Ad- obligation requirement described under this sec- cluding communities of color, low-income com-
ministration; and tion if the Governor of the State notifies the Sec- munities and tribal communities that face a dis-
(2) in consultation with— retary that the State has inadequate needs to proportionate risk from climate change and in
(A) State and local agencies with jurisdiction justify the expenditure not later than 30 days many cases have experienced long-standing
over pedestrian and bicycle safety; prior to apportionments being made for any fis- unmet needs and underinvestment in critical in-
(B) pedestrian safety and bicycle safety advo- cal year. frastructure;
cacy organizations; and (2) USE OF FUNDS.—A State that exercises the (7) how to incorporate capital assessment and
(C) other relevant pedestrian and bicycle safe- authority under paragraph (1) may use the planning training and techniques, including a
ty stakeholders. funds described under this section for any pur- range of financing options to help local and
(c) PURPOSES.—The purpose of the assess- pose described under section 119 of title 23, State governments plan for and provide match-
ments under this section is to— United States Code. ing funds; and
(1) identify and examine specific locations (8) how federal agencies can track and mon-
SEC. 1621.CLIMATE RESILIENT TRANSPOR-
with documented or perceived problems with pe- TATION INFRASTRUCTURE STUDY. itor federally funded resilient infrastructure in
destrian and bicycle safety and access; a coordinated fashion to help build the under-
(2) examine barriers to providing safe pedes- (a) CLIMATE RESILIENT TRANSPORTATION IN-
FRASTRUCTURE STUDY.—Not later than 180 days standing of the cost-benefit of resilient infra-
trian and bicycle access to transportation infra- structure and to build the capacity for imple-
structure; and after the date of enactment of this Act, the Sec-
retary of Transportation shall enter into an menting resilient infrastructure.
(3) develop and issue recommendations de- (e) CONSULTATION.—In carrying out the
signed to effectively address specific safety and agreement with the Transportation Research
Board of the National Academies to conduct a study, the Transportation Research Board—
access issues and enhance pedestrian and bicy- (1) shall convene and consult with a panel of
cle safety in high risk areas. study of the actions needed to ensure that Fed-
eral agencies are taking into account current national experts, including operators and users
(d) REPORT ON STATE ASSESSMENTS.—Upon of Federal transportation infrastructure and
completion of the assessment of a State, the Sec- and future climate conditions in planning, de-
signing, building, operating, maintaining, in- private sector stakeholders; and
retary shall issue, and make available to the (2) is encouraged to consult with—
public, a report containing the assessment that vesting in, and upgrading any federally funded
(A) representatives from the thirteen federal
includes— transportation infrastructure investments.
agencies that comprise the United States Global
(1) a list of locations that have been assessed (b) METHODOLOGIES.—In conducting the
Change Research Program;
as presenting a danger to pedestrians or study, the Transportation Research Board shall (B) representatives from the Department of
bicyclists; and build on the methodologies examined and rec- the Treasury;
(2) recommendations to enhance pedestrian ommended in— (C) professional engineers with relevant exper-
and bicycle safety in those locations. (1) the 2018 report issued the American Society tise in infrastructure design;
(e) REPORT ON NATIONWIDE PROGRAM.—Upon of Civil Engineers, titled ‘‘Climate-Resilient In- (D) scientists from the National Academies
completion of the biannual assessment nation- frastructure: Adaptive Design and Risk Man- with relevant expertise;
wide required under this section, the Secretary agement’’; and (E) scientists, social scientists and experts
shall issue, and make available to the public, (2) the report issued by the California Cli- from academic and research institutions who
that covers assessments for all jurisdictions and mate-Safe Infrastructure Working Group, titled have expertise in climate change projections and
also present it to the congressional transpor- ‘‘Paying it Forward: The Path Toward Climate- impacts; engineering; architecture; or other rel-
tation committees. Safe Infrastructure in California’’. evant areas of expertise;
(f) NATIONAL PEDESTRIAN AND BICYCLE SAFE- (c) CONTENTS OF STUDY.—The study shall in- (F) licensed architects with relevant experi-
TY DATABASE.—The Secretary, in order to en- clude specific recommendations regarding the ence in infrastructure design;
hance pedestrian and bicycle safety and im- following: (G) certified planners;
prove information sharing on pedestrian and bi- (1) Integrating scientific knowledge of pro- (H) representatives of State, local and Tribal
cycle safety challenges between the Federal jected climate change impacts, and other rel- governments; and
Government and State and local governments, evant data and information, into Federal infra- (I) representatives of environmental justice
shall maintain a national pedestrian and bicycle structure planning, design, engineering, con- groups.
safety database that includes— struction, operation and maintenance. (f) REPORT.—Not later than 3 years after the
(1) a list of high-risk intersections, roads, and (2) Addressing critical information gaps and date of enactment of this Act, the Transpor-
highways with a documented history of pedes- challenges. tation Research Board shall submit to the Sec-
trian or bicycle accidents or fatalities and de- (3) Financing options to help fund climate-re- retary, the Committee on Transportation and
tails regarding those incidents; and silient infrastructure. Infrastructure of the House of Representatives,
(2) information on corrective measures that (4) A platform or process to facilitate commu- and the Committee on Environment and Public
have been implemented at the State, local, or nication between climate scientists and other ex- Works of the Senate a report on the results of
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Federal level to enhance pedestrian and bicy- perts with infrastructure planners, engineers the study conducted under this section.
clist safety at those high risk areas, including and other relevant experts. SEC. 1622. ELIMINATION OF DUPLICATION OF EN-
details on the nature and date of corrective ac- (5) A stakeholder process to engage with rep- VIRONMENTAL REVIEWS AND AP-
tion. resentatives of State, local, tribal and commu- PROVALS.
(g) STATE DEFINED.—In this section, the term nity groups. The Secretary of Transportation shall issue a
‘‘State’’ means each of the States, the District of (6) A platform for tracking Federal funding of final rule implementing the program under sec-
Columbia, and Puerto Rico. climate-resilient infrastructure. tion 330 of title 23, United States Code.
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H2742 CONGRESSIONAL RECORD — HOUSE June 30, 2020
SEC. 1623. AMBER ALERTS ALONG MAJOR TRANS- gas, powered primarily by means of electric bat- ‘‘(G) A bridge connecting Louisiana Highway
PORTATION ROUTES. tery power, or fueled primarily by means of 1 with Louisiana Highway 30, south of the
(a) IN GENERAL.—Section 303 of the PRO- other zero emission fuel technologies, may ex- Interstate described in subparagraph (A).’’.
TECT Act (34 U.S.C. 20503) is amended— ceed the weight limit on the power unit by up to SEC. 1627. GUIDANCE ON INUNDATED AND SUB-
(1) in the section heading, by inserting ‘‘AND 2,000 pounds (up to a maximum gross vehicle MERGED ROADS.
MAJOR TRANSPORTATION ROUTES’’ after ‘‘ALONG weight of 82,000 pounds) under this section.’’. Upon issuance of guidance issued pursuant to
HIGHWAYS’’; SEC. 1625. GUIDANCE ON EVACUATION ROUTES. section 1228 of the Disaster Recovery Reform Act
(2) in subsection (a)— (a) IN GENERAL.— of 2018 (Public Law 115–254), the Administrator
(A) by inserting ‘‘(referred to in this section as (1) GUIDANCE.—The Administrator of the Fed- of the Federal Highway Administration, in con-
the ‘Secretary’)’’ after ‘‘Secretary of Transpor- eral Highway Administration, in coordination sultation with the Administrator of the Federal
tation’’; and with the Administrator of the Federal Emer- Emergency Management Agency, shall review
(B) by inserting ‘‘and at airports, maritime gency Management Agency, and consistent with such guidance and issue guidance regarding re-
ports, border crossing areas and checkpoints, guidance issued by the Federal Emergency Man- pair, restoration, and replacement of inundated
and ports of exit from the United States’’ after agement Agency pursuant to section 1209 of the and submerged roads damaged or destroyed by a
‘‘along highways’’; Disaster Recovery Reform Act of 2018 (Public major disaster declared pursuant to the Robert
(3) in subsection (b)— Law 115–254), shall revise existing guidance or T. Stafford Disaster Relief and Emergency As-
(A) in paragraph (1)— issue new guidance as appropriate for State, sistance Act (42 U.S.C. 5121 et seq.) with respect
(i) by striking ‘‘other motorist information local, and Indian Tribal governments regarding to roads eligible for assistance under Federal
systems to notify motorists’’ and inserting the design, construction, maintenance, and re- Highway Administration programs.
‘‘other information systems to notify motorists, pair of evacuation routes. SEC. 1628. DRY BULK WEIGHT TOLERANCE.
aircraft passengers, ship passengers, and trav- (2) CONSIDERATIONS.—In revising or issuing Section 127 of title 23, United States Code, is
elers’’; and guidance under subsection (a)(1), the Adminis- amended by adding at the end the following:
(ii) by inserting ‘‘, aircraft passengers, ship trator of the Federal Highway Administration ‘‘(v) DRY BULK WEIGHT TOLERANCE.—
passengers, and travelers’’ after ‘‘necessary to shall consider— ‘‘(1) DEFINITION OF DRY BULK GOODS.—In this
notify motorists’’; and (A) methods that assist evacuation routes to— subsection, the term ‘dry bulk goods’ means any
(B) in paragraph (2)— (i) withstand likely risks to viability, includ- homogeneous unmarked nonliquid cargo being
(i) in subparagraph (A), by striking ‘‘other ing flammability and hydrostatic forces; transported in a trailer specifically designed for
motorist information systems to notify motor- (ii) improve durability, strength (including the that purpose.
ists’’ and inserting ‘‘other information systems ability to withstand tensile stresses and com- ‘‘(2) WEIGHT TOLERANCE.—Notwithstanding
to notify motorists, aircraft passengers, ship pressive stresses), and sustainability; and any other provision of this section, except for
passengers, and travelers’’; (iii) provide for long-term cost savings; the maximum gross vehicle weight limitation, a
(ii) in subparagraph (D), by inserting ‘‘, air- (B) the ability of evacuation routes to effec- commercial motor vehicle transporting dry bulk
craft passengers, ship passengers, and trav- tively manage contraflow operations; goods may not exceed 110 percent of the max-
elers’’ after ‘‘support the notification of motor- (C) for evacuation routes on public lands, the imum weight on any axle or axle group de-
ists’’; viewpoints of the applicable Federal land man- scribed in subsection (a), including any enforce-
(iii) in subparagraph (E), by inserting ‘‘, air- agement agency regarding emergency oper- ment tolerance.’’.
craft passengers, ship passengers, and trav- ations, sustainability, and resource protection; SEC. 1629. HIGHWAY USE TAX EVASION
elers’’ after ‘‘motorists’’, each place it appears; and PROJECTS.
(iv) in subparagraph (F), by inserting ‘‘, air- (D) such other items the Administrator of the Section 143(b)(2)(A) of title 23, United States
craft passengers, ship passengers, and trav- Federal Highway Administration considers ap- Code, is amended by striking ‘‘2016 through
elers’’ after ‘‘motorists’’; and propriate. 2020’’ and inserting ‘‘2022 through 2025’’.
(v) in subparagraph (G), by inserting ‘‘, air- (3) REPORT.—In the case in which the Admin- SEC. 1630. THE UNITED STATES OPPOSES CHILD
craft passengers, ship passengers, and trav- LABOR.
istrator of the Federal Highway Administration,
elers’’ after ‘‘motorists’’; in consultation with the Administrator of the It is the policy of the United States that funds
(4) in subsection (c), by striking ‘‘other motor- Federal Emergency Management Agency, con- authorized or made available by this Act, or the
ist information systems to notify motorists’’, cludes existing guidance addresses the consider- amendments made by this Act, should not be
each place it appears, and inserting ‘‘other in- ations in paragraph (2), The Administrator of used to purchase products produced whole or in
formation systems to notify motorists, aircraft the Federal Highway Administration shall sub- part through the use of child labor, as such term
passengers, ship passengers, and travelers’’; mit to the Committee on Transportation and In- is defined in Article 3 of the International Labor
(5) by amending subsection (d) to read as fol- frastructure of the House of Representatives and Organization Convention concerning the prohi-
lows: the Committee on Environment and Public bition and immediate action for the elimination
‘‘(d) FEDERAL SHARE.— Works of the Senate a detailed report describing of the worst forms of child labor (December 2,
‘‘(1) IN GENERAL.—Except as provided in para- how existing guidance addresses such consider- 2000), or in violation of human rights.
graph (2), the Federal share of the cost of any ations. TITLE II—PUBLIC TRANSPORTATION
activities funded by a grant under this section (b) STUDY.—The Administrator of the Federal Subtitle A—Federal Transit Administration
may not exceed 80 percent. Highway Administration, in coordination with SEC. 2101. AUTHORIZATIONS.
‘‘(2) WAIVER.—If the Secretary determines the Administrator of the Federal Emergency (a) IN GENERAL.—Section 5338 of title 49,
that American Samoa, Guam, the Northern Management Agency and State, local, terri- United States Code, is amended to read as fol-
Mariana Islands, Puerto Rico, or the Virgin Is- torial, and Indian Tribal governments, shall— lows:
lands of the United States is unable to comply (1) conduct a study of the adequacy of avail-
with the requirement under paragraph (1), the ‘‘§ 5338. Authorizations
able evacuation routes to accommodate the flow
Secretary shall waive such requirement.’’; of evacuees; and ‘‘(a) GRANTS.—
(6) in subsection (g)— (2) submit recommendations to Congress on ‘‘(1) IN GENERAL.—There shall be available
(A) by striking ‘‘In this section’’ and inserting how to help with anticipated evacuation route from the Mass Transit Account of the Highway
‘‘In this subtitle’’; and flow, based on the study conducted under para- Trust Fund to carry out sections 5305, 5307,
(B) by striking ‘‘or Puerto Rico’’ and inserting graph (1). 5308, 5310, 5311, 5312, 5314, 5318, 5320, 5328, 5335,
‘‘American Samoa, Guam, Puerto Rico, the 5337, 5339, and 5340—
SEC. 1626. HIGH PRIORITY CORRIDORS ON NA-
Northern Mariana Islands, the Virgin Islands of TIONAL HIGHWAY SYSTEM.
‘‘(A) $16,185,800,000 for fiscal year 2022;
the United States, and any other territory of the ‘‘(B) $16,437,600,000 for fiscal year 2023;
Section 1105(c) of the Intermodal Surface ‘‘(C) $16,700,600,000 for fiscal year 2024; and
United States’’. Transportation Efficiency Act of 1991 is amend-
(b) TECHNICAL AND CONFORMING AMEND- ‘‘(D) $16,963,600,000 for fiscal year 2025.
ed by adding at the end the following: ‘‘(2) ALLOCATION OF FUNDS.—Of the amounts
MENT.—The table of contents in section 1(b) of
‘‘(92) The Louisiana Capital Region High Pri- made available under paragraph (1)—
the PROTECT Act (Public Law 108–21) is ority Corridor, which shall generally follow— ‘‘(A) $189,879,151 for fiscal year 2022,
amended by striking the item relating to section ‘‘(A) Interstate 10, between its intersections $192,841,266 for fiscal year 2023, $195,926,726 for
303 and inserting the following: with Interstate 12 and Louisiana Highway 415; fiscal year 2024, and $199,002,776 for fiscal year
‘‘Sec. 303. Grant program for notification and ‘‘(B) Louisiana Highway 415, between its 2025, shall be available to carry out section 5305;
communications systems along intersections with Interstate 10 and United ‘‘(B) $7,505,830,848 for fiscal year 2022,
highways and major transpor- States route 190; $7,622,921,809 for fiscal year 2023, $7,744,888,558
tation routes for recovery of ab- ‘‘(C) United States route 190, between its for fiscal year 2024, and $7,866,483,309 for fiscal
ducted children.’’. intersections with Louisiana Highway 415 and year 2025 shall be allocated in accordance with
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SEC. 1624. NATURAL GAS, ELECTRIC BATTERY, intersection with Interstate110; section 5336 to provide financial assistance for
AND ZERO EMISSION VEHICLES. ‘‘(D) Interstate 110, between its intersections urbanized areas under section 5307;
Subsection (s) of section 127 of title 23, United with United States route 190 and Interstate 10; ‘‘(C) $101,510,000 for fiscal year 2022,
States Code is amended to read as follows: ‘‘(E) Louisiana Highway 30, near St. Gabriel, $103,093,556 for fiscal year 2023, $104,743,053 for
‘‘(s) NATURAL GAS, ELECTRIC BATTERY, AND LA and its intersections with Interstate 10; fiscal year 2024, and $106,387,519 for fiscal year
ZERO EMISSION VEHICLES.—A vehicle, if oper- ‘‘(F) Louisiana Highway 1, near White Castle, 2025 shall be available for grants under section
ated by an engine fueled primarily by natural LA and its intersection with Interstate 10; and 5308;
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2743
‘‘(D) $434,830,298 for fiscal year 2022, ‘‘(L) to carry out the bus formula program nancial compliance of a recipient or subrecipient
$441,613,651 for fiscal year 2023, $448,679,469 for under section 5339(a)— of funds under this chapter.
fiscal year 2024, and $455,723,737 for fiscal year ‘‘(i) $1,240,328,213 for fiscal year 2022, ‘‘(C) Activities to provide technical assistance
2025 shall be available to carry out section 5310, $1,259,667,334 for fiscal year 2023, $1,279,832,171 generally, and to provide technical assistance to
of which not less than— for fiscal year 2024, and $1,299,925,536 for fiscal correct deficiencies identified in compliance re-
‘‘(i) $5,075,500 for fiscal year 2022, $5,154,678 year 2025; except that views and audits carried out under this section.
for fiscal year 2023, $5,237,153 for fiscal year ‘‘(ii) 15 percent of the amounts under clause ‘‘(3) GOVERNMENT SHARE OF COSTS.—The Gov-
2024, and $5,319,376 for fiscal year 2025 shall be (i) shall be available to carry out 5339(d); ernment shall pay the entire cost of carrying out
available to carry out section 5310(j); and ‘‘(M) $437,080,000 for fiscal year 2022, a contract under this subsection/activities de-
‘‘(ii) $20,302,000 for fiscal year 2022, $20,618,711 $424,748,448 for fiscal year 2023, $387,944,423 for scribed in paragraph (2).
for fiscal year 2023, $20,948,611 for fiscal year fiscal year 2024, and $351,100,151 for fiscal year ‘‘(4) AVAILABILITY OF CERTAIN FUNDS.—Funds
2024, and $21,277,504 for fiscal year 2025 shall be 2025 shall be available to carry out section made available under paragraph (1)(C) shall be
available to carry out section 5310(k); 5339(b); made available to the Secretary before allo-
‘‘(E) $1,025,199,724 for fiscal year 2022, ‘‘(N) $375,000,000 for fiscal year 2022, cating the funds appropriated to carry out any
$1,041,192,839 for fiscal year 2023, $1,057,851,925 $400,000,000 for fiscal year 2023, $450,000,000 for project under a full funding grant agreement.
for fiscal year 2024, and $1,074,460,200 for fiscal fiscal year 2024, and $500,000,000 for fiscal year ‘‘(e) GRANTS AS CONTRACTUAL OBLIGATIONS.—
year 2025 shall be available to carry out section 2025 shall be available to carry out section ‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST
5311, of which not less than— 5339(c); and FUND.—A grant or contract that is approved by
‘‘(i) $55,679,500 for fiscal year 2022, $56,392,100 ‘‘(O) $587,133,905 for each of fiscal years 2022 the Secretary and financed with amounts made
for fiscal year 2023, $57,134,374 for fiscal year through 2025 shall be available to carry out sec- available from the Mass Transit Account of the
2024, and $57,874,383 for fiscal year 2025 shall be tion 5340 to provide financial assistance for ur- Highway Trust Fund pursuant to this section is
available to carry out section 5311(c)(1); and banized areas under section 5307 and rural a contractual obligation of the Government to
‘‘(ii) $50,755,000 for fiscal year 2022, $51,546,778 areas under section 5311, of which— pay the Government share of the cost of the
for fiscal year 2023, $52,371,526 for fiscal year ‘‘(i) $309,688,908 for each of fiscal years 2022 project.
2024, and $53,193,759 for fiscal year 2025 shall be through 2025 shall be for growing States under ‘‘(2) GRANTS FINANCED FROM GENERAL FUND.—
available to carry out section 5311(c)(2); section 5340(c); and A grant or contract that is approved by the Sec-
‘‘(F) $33,498,300 for fiscal year 2022, ‘‘(ii) $277,444,997 for each of fiscal years 2022 retary and financed with amounts appropriated
$34,020,873 for fiscal year 2023, $34,565,207 for through 2025 shall be for high density States in advance from the general fund of the Treas-
fiscal year 2024, and $35,107,881 for fiscal year under section 5340(d). ury pursuant to this section is a contractual ob-
2025 shall be available to carry out section 5312, ‘‘(b) CAPITAL INVESTMENT GRANTS.—There are ligation of the Government to pay the Govern-
of which not less than— authorized to be appropriated to carry out sec- ment share of the cost of the project only to the
‘‘(i) $5,075,500 for fiscal year 2022, $5,154,678 tion 5309 $3,500,000,000 for fiscal year 2022, extent that amounts are appropriated for such
for fiscal year 2023, $5,237,153 for fiscal year $4,250,000,000 for fiscal year 2023, $5,000,000,000 purpose by an Act of Congress.
2024, and $5,319,376 for fiscal year 2025 shall be for fiscal year 2024, and 5,500,000,000 for fiscal ‘‘(f) AVAILABILITY OF AMOUNTS.—Amounts
available to carry out each of sections year 2025. made available by or appropriated under this
5312(d)(3), 5312(d)(4) and 5312(j); ‘‘(c) ADMINISTRATION.— section shall remain available until expended.
‘‘(ii) $3,045,300 for fiscal year 2022, $3,092,807 ‘‘(1) IN GENERAL.—There are authorized to be ‘‘(g) LIMITATION ON FINANCIAL ASSISTANCE
for fiscal year 2023, $3,142,292 for fiscal year appropriated to carry out section 5334, FOR STATE-OWNED ENTERPRISES.—
2024, and $3,191,626 for fiscal year 2025 shall be $142,060,785 for fiscal year 2022, $144,191,696 for ‘‘(1) IN GENERAL.—Funds provided under this
available to carry out section 5312(h); and fiscal year 2023, $146,412,248 for fiscal year 2024, section may not be used in awarding a contract,
‘‘(iii) $10,151,000 for fiscal year 2022,
and 148,652,356 for fiscal year 2025. subcontract, grant, or loan to an entity that is
$10,309,356 for fiscal year 2023, $10,474,305 for
‘‘(2) SECTION 5329.—Of the amounts authorized owned or controlled by, is a subsidiary of, or is
fiscal year 2024, and $10,638,752 for fiscal year
to be appropriated under paragraph (1), not less otherwise related legally or financially to a cor-
2025 shall be available to carry out section
than $6,000,000 for each of fiscal years 2022 poration based in a country that—
5312(i);
‘‘(G) $23,347,300 for fiscal year 2022, through 2025 shall be available to carry out sec- ‘‘(A) is identified as a nonmarket economy
$23,711,518 for fiscal year 2023, $24,090,902 for tion 5329. country (as defined in section 771(18) of the Tar-
‘‘(3) SECTION 5326.—Of the amounts made iff Act of 1930 (19 U.S.C. 1677(18))) as of the date
fiscal year 2024, and $24,469,129 for fiscal year
available under paragraph (2), not less than of enactment of this Act;
2025 shall be available to carry out section 5314,
$2,500,000 for each of fiscal years 2022 through ‘‘(B) was identified by the United States
of which not less than—
‘‘(i) $4,060,400 for fiscal year 2022, $4,123,742 2025 shall be available to carry out section 5326. Trade Representative in the most recent report
for fiscal year 2023, $4,189,722 for fiscal year ‘‘(d) OVERSIGHT.— required by section 182 of the Trade Act of 1974
2024, and $4,255,501 for fiscal year 2025 shall be ‘‘(1) IN GENERAL.—Of the amounts made avail- (19 U.S.C. 2242) as a priority foreign country
available to carry out section of 5314(a); able to carry out this chapter for a fiscal year, under subsection (a)(2) of that section; and
‘‘(ii) $5,075,500 for fiscal year 2022, $5,154,678 the Secretary may use not more than the fol- ‘‘(C) is subject to monitoring by the Trade
for fiscal year 2023, $5,237,153 for fiscal year lowing amounts for the activities described in Representative under section 306 of the Trade
2024, and $5,319,376 for fiscal year 2025 shall be paragraph (2): Act of 1974 (19 U.S.C. 2416).
available to carry out section 5314(c); and ‘‘(A) 0.5 percent of amounts made available to ‘‘(2) EXCEPTION.—For purposes of paragraph
‘‘(iii) $12,181,200 for fiscal year 2022, carry out section 5305. (1), the term ‘otherwise related legally or finan-
$12,371,227 for fiscal year 2023, $12,569,166 for ‘‘(B) 0.75 percent of amounts made available cially’ does not include a minority relationship
fiscal year 2024, and $12,766,502 for fiscal year to carry out section 5307. or investment.
2025 shall be available to carry out section ‘‘(C) 1 percent of amounts made available to ‘‘(3) INTERNATIONAL AGREEMENTS.—This sub-
5314(b)(2); carry out section 5309. section shall be applied in a manner consistent
‘‘(H) $5,075,500 for fiscal year 2022, $5,154,678 ‘‘(D) 1 percent of amounts made available to with the obligations of the United States under
for fiscal year 2023, $5,237,153 for fiscal year carry out section 601 of the Passenger Rail In- international agreements.’’.
2024, and $5,319,376 for fiscal year 2025 shall be vestment and Improvement Act of 2008 (Public (b) CONFORMING AMENDMENTS.—
available to carry out section 5318; Law 110–432; 126 Stat. 4968). (1) Section 5311 of title 49, United States Code,
‘‘(I) $30,453,000 for fiscal year 2022, $30,928,067 ‘‘(E) 0.5 percent of amounts made available to is amended by striking ‘‘5338(a)(2)(F)’’ and in-
for fiscal year 2023, $31,422,916 for fiscal year carry out section 5310. serting ‘‘5338(a)(2)(E)’’.
2024, and $31,916,256 for fiscal year 2025 shall be ‘‘(F) 0.5 percent of amounts made available to (2) Section 5312(i)(1) of title 49, United States
available to carry out section 5328, of which not carry out section 5311. Code, is amended by striking ‘‘5338(a)(2)(G)(ii)’’
less than— ‘‘(G) 1 percent of amounts made available to and inserting ‘‘5338(a)(2)(F)(iii)’’.
‘‘(i) $25,377,500 for fiscal year 2022, $25,773,389 carry out section 5337, of which not less than 25 (3) Section 5333(b) of title 49, United States
for fiscal year 2023, $26,185,763 for fiscal year percent of such amounts shall be available to Code, is amended by striking ‘‘5328, 5337, and
2024, and $26,596,880 for fiscal year 2025 shall be carry out section 5329 and of which not less 5338(b)’’ each place it appears and inserting
available to carry out section of 5328(b); and than 10 percent of such amounts shall be made ‘‘and 5337’’.
‘‘(ii) $2,537,750 for fiscal year 2022, $2,577,339 available to carry out section 5320. (4) Section 5336 of title 49, United States Code,
for fiscal year 2023, $2,618,576 for fiscal year ‘‘(H) 1 percent of amounts made available to is amended—
2024, and $2,659,688 for fiscal year 2025 shall be carry out section 5339 of which not less than 10 (A) in subsection (d)(1) by striking
available to carry out section 5328(c); percent of such amounts shall be made available ‘‘5338(a)(2)(C)’’ and inserting ‘‘5338(a)(2)(B)’’;
‘‘(J) $4,060,400 for fiscal year 2022, $4,123,742 to carry out section 5320. and
for fiscal year 2023, $4,189,722 for fiscal year ‘‘(I) 1 percent of amounts made available to (B) in subsection (h) by striking
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2024, and $4,255,501 for fiscal year 2025 shall be carry out section 5308. ‘‘5338(a)(2)(C)’’ and inserting ‘‘5338(a)(2)(B)’’.
available to carry out section 5335; ‘‘(2) ACTIVITIES.—The activities described in (5) Subsections (c) and (d)(1) of section 5327 of
‘‘(K) $4,192,573,361 for fiscal year 2022, this paragraph are as follows: title 49, United States Code, are amended by
$4,266,448,314 for fiscal year 2023, $4,344,093,870 ‘‘(A) Activities to oversee the construction of a striking ‘‘5338(f)’’ and inserting ‘‘5338(d)’’.
for fiscal year 2024, and $4,422,314,724 for fiscal major capital project. (6) Section 5340(b) of title 49, United States
year 2025 shall be available to carry out section ‘‘(B) Activities to review and audit the safety Code, is amended by striking ‘‘5338(b)(2)(N)’’
5337; and security, procurement, management, and fi- and inserting ‘‘5338(a)(2)(O)’’.
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H2744 CONGRESSIONAL RECORD — HOUSE June 30, 2020
SEC. 2102. CHAPTER 53 DEFINITIONS. contact the customer, provide a quote, or pro- ‘‘(m) PREAWARD AND POSTDELIVERY REVIEW
Section 5302 of title 49, United States Code, is vide the service.’’; OF ROLLING STOCK PURCHASES.—The Secretary
amended— (2) in subsection (h)— shall prescribe regulations requiring a preaward
(1) in paragraph (1)(E)— (A) in paragraph (1) by adding ‘‘or’’ at the and postdelivery review of a grant under this
(A) by striking ‘‘and the installation’’ and in- end; and chapter to buy rolling stock to ensure compli-
serting ‘‘, the installation’’; and (B) by striking paragraph (2) and redesig- ance with bid specifications requirements of
(B) by inserting ‘‘, and bikeshare projects’’ nating paragraph (3) as paragraph (2); grant recipients under this chapter. Under this
after ‘‘public transportation vehicles’’; (3) by striking subsection (j) and inserting the subsection, grantee inspections and review are
(2) in paragraph (3)— following: required, and a manufacturer certification is
(A) in subparagraph (G) by striking clause ‘‘(j) REPORTING ACCESSIBILITY COMPLAINTS.— not sufficient.’’; and
‘‘(1) IN GENERAL.—The Secretary shall ensure
(iii) and inserting the following: (5) in subsection (r)—
that an individual who believes that he or she,
‘‘(iii) provides a fair share of revenue estab- (A) by inserting ‘‘or beneficial’’ after ‘‘detri-
or a specific class in which the individual be-
lished by the Secretary that will be used for mental’’;
longs, has been subjected to discrimination on
public transportation, except for a joint develop- (B) by striking the period at the end and in-
the basis of disability by a State or local govern-
ment that is a community service (as defined by serting ‘‘; and’’;
mental entity, private nonprofit organization, or
the Federal Transit Administration), publicly (C) by striking ‘‘under this chapter may not
Tribe that operates a public transportation serv-
operated facility, or offers a minimum of 50 per- deny’’ and inserting the following: ‘‘under this
ice and is a recipient or subrecipient of funds
cent of units as affordable housing, meaning le- chapter—
under this chapter, may, by the individual or by
gally binding affordability restricted housing ‘‘(1) may not deny’’; and
an authorized representative, file a complaint
units available to tenants with incomes below 60 (D) by adding at the end the following:
with the Department of Transportation.
percent of the area median income or owners ‘‘(2) shall respond to any request for reason-
‘‘(2) PROCEDURES.—Not later than 1 year after
with incomes below the area median;’’; and able access within 75 days of the receipt of the
the date of enactment of the INVEST in America
(B) in subparagraph (N)— request and, if a recipient of assistance under
Act, the Secretary shall implement procedures
(i) by striking ‘‘no emission’’ and inserting this chapter denies access to a private intercity
that allow an individual to submit a complaint
‘‘zero emission’’; and or charter transportation operator based on the
described in paragraph (1) by phone, mail-in
(ii) by striking ‘‘(as defined in section reasonable access standards, provide, in writing,
form, and online through the website of the Of-
5339(c))’’; and the reasons for the denial.’’.
fice of Civil Rights of the Federal Transit Ad-
(3) by adding at the end the following: SEC. 2104. MISCELLANEOUS PROVISIONS.
ministration.
‘‘(25) RESILIENCE.— ‘‘(3) NOTICE TO INDIVIDUALS WITH DISABIL- (a) STATE OF GOOD REPAIR GRANTS.—Section
‘‘(A) IN GENERAL.—The term ‘resilience’ ITIES.—Not later than 12 months after the date 5337(e) of title 49, United States Code, is amend-
means, with respect to a facility, the ability to— of enactment of the INVEST in America Act, the ed by adding at the end the following:
‘‘(i) anticipate, prepare for, or adapt to condi- Secretary shall require that each public transit ‘‘(3) ACCESSIBILITY COSTS.—Notwithstanding
tions; or provider and contractor providing paratransit paragraph (1), the Federal share of the net
‘‘(ii) withstand, respond to, or recover rapidly services shall include on a publicly available project cost of a project to provide accessibility
from disruptions. website of the service provider, any related mo- in compliance with the Americans with Disabil-
‘‘(B) INCLUSIONS.—Such term includes, with bile device application, and online service— ities Act of 1990 (42 U.S.C. 12101 et seq.) shall be
respect to a facility, the ability to— ‘‘(A) notice that an individual can file a dis- 90 percent.’’.
‘‘(i) resist hazards or withstand impacts from ability-related complaint with the local transit (b) APPORTIONMENTS BASED ON GROWING
disruptions; agency and the process and any timelines for STATES AND HIGH DENSITY STATES FORMULA
‘‘(ii) reduce the magnitude, duration, or im- filing such a complaint; FACTORS.—Section 5340(a) of title 49, United
pact of a disruption; or ‘‘(B) the telephone number, or a comparable States Code, is amended by inserting ‘‘and the
‘‘(iii) have the absorptive capacity, adaptive electronic means of communication, for the dis- District of Columbia’’ after ‘‘United States’’.
capacity, and recoverability to decrease vulner- ability assistance hotline of the Office of Civil (c) TECHNICAL ASSISTANCE AND WORKFORCE
ability to a disruption. Rights of the Federal Transit Administration; DEVELOPMENT.—Section 5314 of title 49, United
‘‘(26) ASSAULT ON A TRANSIT WORKER.—The ‘‘(C) notice that a consumer can file a dis- States Code, is amended—
term ‘assault on a transit worker’ means any ability related complaint with the Office of Civil (1) in subsection (a)(1)(B)—
circumstance in which an individual knowingly, Rights of the Federal Transit Administration; (A) in clause (i) by striking ‘‘; and’’ and in-
without lawful authority or permission, and and serting a semicolon;
with intent to endanger the safety of any indi- ‘‘(D) an active link to the website of the Office (B) in clause (ii) by striking the period and in-
vidual, or with a reckless disregard for the safe- of Civil Rights of the Federal Transit Adminis- serting ‘‘; and’’; and
ty of human life, interferes with, disables, or in- tration for an individual to file a disability-re- (C) by adding at the end the following:
capacitates any transit worker while the transit lated complaint. ‘‘(iii) technical assistance to assist recipients
worker is performing his or her duties.’’. ‘‘(4) INVESTIGATION OF COMPLAINTS.—Not later with the impacts of a new census count.’’; and
SEC. 2103. GENERAL PROVISIONS. than 60 days after the last day of each fiscal (2) in subsection (c)(4)(A) by inserting ‘‘,
Section 5323 of title 49, United States Code, is year, the Secretary shall publish a report that 5311’’ after ‘‘5307’’.
amended— lists the disposition of complaints described in (d) NATIONAL TRANSIT DATABASE.—Section
(1) in subsection (d)— paragraph (1), including— 5335 of title 49, United States Code, is amend-
(A) in paragraph (1) by striking ‘‘urban area’’ ‘‘(A) the number and type of complaints filed ed—
and inserting ‘‘urbanized area’’; with Department of Transportation; (1) in subsection (a) by inserting ‘‘, including
(B) by adding at the end the following: ‘‘(B) the number of complaints investigated by information on transit routes and ridership on
‘‘(3) EXCEPTIONS.—This subsection shall not the Department; those routes’’ after ‘‘public sector investment de-
apply to financial assistance under this chap- ‘‘(C) the result of the complaints that were in-
cision’’; and
ter— vestigated by the Department including whether
(2) in subsection (c) by inserting ‘‘, any data
‘‘(A) in which the non-Federal share of the complaint was resolved—
on each assault on a transit worker, and pedes-
‘‘(i) informally;
project costs are provided from amounts received trian injuries and fatalities as a result of an im-
‘‘(ii) by issuing a violation through a non-
under a service agreement with a State or local pact with a bus. Each of the data sets shall be
compliance Letter of Findings; or
social service agency or private social service or- ‘‘(iii) by other means, which shall be de- publicly reported without aggregating the data
ganization pursuant to section 5307(d)(3)(E) or scribed; and with other safety data’’ after ‘‘by the recipi-
section 5311(g)(3)(C); ‘‘(D) if a violation was issued for a complaint, ent’’.
‘‘(B) provided to a recipient or subrecipient whether the Department resolved the non- (e) URBANIZED AREA FORMULA GRANTS.—Sec-
whose sole receipt of such assistance derives compliance by— tion 5307 of title 49, United States Code, is
from section 5310; or ‘‘(i) reaching a voluntary compliance agree- amended—
‘‘(C) provided to a recipient operating a fixed ment with the entity; (1) in subsection (a)(2)(A)—
route service that is— ‘‘(ii) referring the matter to the Attorney Gen- (A) in clause (i) by striking ‘‘or’’ at the end;
‘‘(i) for a period of less than 30 days; eral; or and
‘‘(ii) accessible to the public; ‘‘(iii) by other means, which shall be de- (B) by adding at the end the following:
‘‘(iii) contracted by a local government entity scribed. ‘‘(iii) operate a minimum of 101 buses and a
that provides local cost share to the recipient; ‘‘(5) REPORT.—The Secretary shall, upon im- maximum of 125 buses in fixed route service or
and plementation of this section and annually there- demand response service, excluding ADA com-
‘‘(iv) not contracted for the purposes of a con- after, submit to the Committee on Transpor- plementary paratransit service, during peak
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vention or on behalf of a convention and visi- tation and Infrastructure of the House of Rep- service hours, in an amount not to exceed 25
tors bureau. resentatives, the Committee on Banking, Hous- percent of the share of the apportionment which
‘‘(4) GUIDELINES.—The Secretary shall publish ing, and Urban Affairs of the Senate, and make is attributable to such systems within the urban-
guidelines for grant recipients and private bus publicly available a report containing the infor- ized area, as measured by vehicle revenue hours;
operators that clarify when and how a transit mation collected under this section.’’; or’’;
agency may step back and provide the service in (4) by striking subsection (m) and inserting (2) in subsection (a)(2)(B)—
the event a registered charter provider does not the following: (A) in clause (i) by striking ‘‘or’’ at the end;
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2745
(B) in clause (ii) by striking the period at the (B) in clause (v) by striking the period and in- (ii) by striking ‘‘the existing metropolitan
end and inserting ‘‘; or’’; and serting ‘‘; or’’; and planning area’’ and inserting ‘‘the area’’;
(C) by adding at the end the following: (C) by adding at the end the following: (5) in subsection (g)—
‘‘(iii) operate a minimum of 101 buses and a ‘‘(vi) transportation development credits.’’. (A) in paragraph (1) by striking ‘‘a metropoli-
maximum of 125 buses in fixed route service or SEC. 2105. POLICIES AND PURPOSES. tan area’’ and inserting ‘‘an urbanized area’’;
demand response service, excluding ADA com- Section 5301(b) of title 49, United States Code, (B) in paragraph (2) by striking ‘‘MPOS’’ and
plementary paratransit service, during peak is amended— inserting ‘‘METROPOLITAN PLANNING AREAS’’
service hours, in an amount not to exceed 25 (1) in paragraph (7) by striking ‘‘; and’’ and (C) in paragraph (3)(A) by inserting ‘‘emer-
percent of the share of the apportionment allo- inserting a semicolon; gency response and evacuation, climate change
cated to such systems within the urbanized (2) in paragraph (8) by striking the period and adaptation and resilience,’’ after ‘‘disaster risk
area, as determined by the local planning proc- inserting a semicolon; and reduction,’’; and
ess and included in the designated recipient’s (3) by adding at the end the following: (D) by adding at the end the following:
final program of projects prepared under sub- ‘‘(9) reduce the contributions of the surface ‘‘(4) COORDINATION BETWEEN MPOS.—
section (b).’’; and transportation system to the total carbon pollu- ‘‘(A) IN GENERAL.—If more than 1 metropoli-
(3) in subsection (b)— tion of the United States; and tan planning organization is designated within
(A) in paragraph (6) by striking ‘‘and’’ at the ‘‘(10) improve the resiliency of the public an urbanized area under subsection (d)(7), the
end; transportation network to withstand weather metropolitan planning organizations designated
(B) by redesignating paragraph (7) as para- events and other natural disasters.’’. within the area shall ensure, to the maximum
graph (8); and SEC. 2106. FISCAL YEAR 2022 FORMULAS. extent practicable, the consistency of any data
(C) by inserting after paragraph (6) the fol- For fiscal year 2022, the Secretary shall ap- used in the planning process, including infor-
lowing: portion and distribute formula funds provided mation used in forecasting transportation de-
‘‘(7) ensure that the proposed program of for under chapter 53 of title 49, United States mand.
projects provides improved access to transit for Code, using data submitted to the 2019 National ‘‘(B) SAVINGS CLAUSE.—Nothing in this para-
the individuals described in section 5336(j); Transit Database. graph requires metropolitan planning organiza-
and’’. SEC. 2107. METROPOLITAN TRANSPORTATION tions designated within a single urbanized area
(f) TECHNICAL CORRECTION.—Section PLANNING. to jointly develop planning documents, includ-
5307(a)(2)(B)(ii) of title 49, United States Code, Section 5303 of title 49, United States Code, is ing a unified long-range transportation plan or
is amended by striking ‘‘service during peak’’ amended— unified TIP.’’;
and inserting ‘‘service, during peak’’. (1) by amending subsection (a)(1) to read as (6) in subsection (h)(1)—
(g) IMPOSITION OF DEADLINE.—Section 5324 of follows: (A) by striking subparagraph (E) and insert-
title 49, United States Code, is amended by add- ‘‘(1) to encourage and promote the safe and ing the following:
ing at the end the following: efficient management, operation, and develop- ‘‘(E) protect and enhance the environment,
‘‘(f) IMPOSITION OF DEADLINE.— ment of surface transportation systems that will promote energy conservation, reduce greenhouse
‘‘(1) IN GENERAL.—Notwithstanding any other serve the mobility needs of people and freight, gas emissions, improve the quality of life and
provision of law, the Secretary may not require foster economic growth and development within public health, and promote consistency between
any project funded under this section to ad- and between States and urbanized areas, and transportation improvements and State and
vance to the construction obligation stage before take into consideration resiliency and climate local planned growth and economic development
the date that is the last day of the sixth fiscal change adaptation needs while reducing trans- patterns, including housing and land use pat-
year after the later of— portation-related fuel consumption, air pollu- terns;’’;
‘‘(A) the date on which the Governor declared tion, and greenhouse gas emissions through met- (B) in subparagraph (H) by striking ‘‘and’’ at
the emergency, as described in subsection ropolitan and statewide transportation plan- the end;
(d)(1)(A); or ning processes identified in this chapter; and’’. (C) in subparagraph (I) by striking the period
‘‘(B) the date on which the President declared (2) in subsection (b)— at the end and inserting ‘‘and reduce or mitigate
the emergency to be a major disaster, as de- (A) by redesignating paragraphs (6) and (7) as stormwater, sea level rise, extreme weather, and
scribed in such subsection. paragraphs (7) and (8), respectively; and climate change impacts of surface transpor-
‘‘(2) EXTENSION OF DEADLINE.—If the Sec- (B) by inserting after paragraph (5) the fol- tation;’’; and
retary imposes a deadline for advancement to lowing: (D) by inserting after subparagraph (I) the
the construction obligation stage pursuant to ‘‘(6) STIP.—The term ‘STIP’ means a state- following:
paragraph (1), the Secretary may, upon the re- wide transportation improvement program devel- ‘‘(J) facilitate emergency management, re-
quest of the Governor of the State, issue an ex- oped by a State under section 135(g).’’; sponse, and evacuation and hazard mitigation;
tension of not more than 1 year to complete such (3) in subsection (c)— ‘‘(K) improve the level of transportation sys-
advancement, and may issue additional exten- (A) in paragraph (1) by striking ‘‘and trans- tem access; and
sions after the expiration of any extension, if portation improvement programs’’ and inserting ‘‘(L) support inclusive zoning policies and
the Secretary determines the Governor of the ‘‘and TIPs’’; and land use planning practices that incentivize af-
State has provided suitable justification to war- (B) by adding at the end the following: fordable, elastic, and diverse housing supply,
rant such an extension.’’. ‘‘(4) CONSIDERATION.—In developing the plans facilitate long-term economic growth by improv-
(h) TRANSPORTATION DEVELOPMENT CREDITS and TIPs, metropolitan planning organizations ing the accessibility of housing to jobs, and pre-
AS LOCAL MATCH.— shall consider direct and indirect emissions of vent high housing costs from displacing eco-
(1) SECTION 5307.—Section 5307(d)(3) of title 49, greenhouse gases.’’; nomically disadvantaged households.’’;
United States Code, is amended— (4) in subsection (d)— (7) in subsection (h)(2) by striking subpara-
(A) in subparagraph (D) by striking ‘‘; and’’ (A) in paragraph (2) by striking ‘‘Not later graph (A) and inserting the following:
and inserting a semicolon; than 2 years after the date of enactment of the ‘‘(A) IN GENERAL.—Through the use of a per-
(B) in subparagraph (E) by striking the period Federal Public Transportation Act of 2012, formance-based approach, transportation in-
and inserting ‘‘; and’’; and each’’ and inserting ‘‘Each’’; vestment decisions made as a part of the metro-
(C) by adding at the end the following: (B) in paragraph (3) by adding at the end the politan transportation planning process shall
‘‘(F) transportation development credits.’’. following: support the national goals described in section
(2) SECTION 5309.—Section 5309 of title 49, ‘‘(D) CONSIDERATIONS.— 150(b), the achievement of metropolitan and
United States Code, is amended— ‘‘(i) EQUITABLE AND PROPORTIONAL REPRESEN- statewide targets established under section
(A) in subsection (f) by adding at the end the TATION.—In designating officials or representa- 150(d), the improvement of transportation sys-
following: tives under paragraph (2), the metropolitan tem access (consistent with section 150(f)), and
‘‘(3) TRANSPORTATION DEVELOPMENT CRED- planning organization shall consider the equi- the general purposes described in section 5301 of
ITS.—For purposes of assessments and deter- table and proportional representation of the title 49.’’;
minations under this subsection or subsection population of the metropolitan planning area. (8) in subsection (i)—
(h), transportation development credits that are ‘‘(ii) SAVINGS CLAUSE.—Nothing in this para- (A) in paragraph (2)(D)(i) by inserting ‘‘re-
included as a source of local financing or match graph shall require a metropolitan planning or- duce greenhouse gas emissions and’’ before ‘‘re-
shall be treated the same as other sources of ganization in existence on the date of enactment store and maintain’’;
local financing.’’; and of this subparagraph to be restructured. (B) in paragraph (2)(G) by inserting ‘‘and cli-
(B) in subsection (l)(4)— ‘‘(iii) REDESIGNATION.—Notwithstanding mate change’’ after ‘‘infrastructure to natural
(i) in subparagraph (B) by striking ‘‘; or’’ and clause (ii), the requirements of this paragraph disasters’’;
inserting a semicolon; shall apply to any metropolitan planning orga- (C) in paragraph (2)(H) by inserting ‘‘green-
(ii) in subparagraph (C) by striking the period nization redesignated under paragraph (6).’’; house gas emissions,’’ after ‘‘pollution,’’;
dlhill on DSK120RN23PROD with HOUSE
and inserting ‘‘; or’’; and (C) in paragraph (6)(B) by striking ‘‘para- (D) in paragraph (5)—
(iii) by adding at the end the following: graph (2)’’ and inserting ‘‘paragraphs (2) or (i) in subparagraph (A) by inserting ‘‘air
‘‘(D) transportation development credits.’’. (3)(D)’’; and quality, public health, housing, transportation,
(3) SECTION 5339.—Section 5339(a)(7)(B) of title (D) in paragraph (7)— resilience, hazard mitigation, emergency man-
49, United States Code, is amended— (i) by striking ‘‘an existing metropolitan plan- agement,’’ after ‘‘conservation,’’; and
(A) in clause (iv) by striking ‘‘; or’’ and in- ning area’’ and inserting ‘‘an urbanized area’’; (ii) by striking subparagraph (B) and insert-
serting a semicolon; and ing the following:
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H2746 CONGRESSIONAL RECORD — HOUSE June 30, 2020
‘‘(B) ISSUES.—The consultation shall involve, (11) in subsection (l)(2)— (ii) in subparagraph (D) by striking ‘‘state-
as appropriate, comparison of transportation (A) by striking ‘‘5 years after the date of en- wide transportation improvement program’’ and
plans to other relevant plans, including, if actment of the Federal Public Transportation inserting ‘‘STIP’’; and
available— Act of 2012’’ and inserting ‘‘2 years after the (C) in paragraph (3) by striking ‘‘statewide
‘‘(i) State conservation plans or maps; and date of enactment of the INVEST in America transportation improvement program’’ and in-
‘‘(ii) inventories of natural or historic re- Act, and every 2 years thereafter,’’; serting ‘‘STIP’’;
sources.’’; and (B) in subparagraph (C) by striking ‘‘and (3) in subsection (e)(3) by striking ‘‘transpor-
(E) by amending paragraph (6)(C) to read as whether metropolitan planning organizations tation improvement program’’ and inserting
follows: are developing meaningful performance targets; ‘‘STIP’’;
‘‘(C) METHODS.— and’’ and inserting a semicolon; and (4) in subsection (f)—
‘‘(i) IN GENERAL.—In carrying out subpara- (C) by striking subparagraph (D) and insert- (A) in paragraph (2)(D)—
graph (A), the metropolitan planning organiza- ing the following: (i) in clause (i) by inserting ‘‘air quality, pub-
tion shall, to the maximum extent practicable— ‘‘(D) a listing of all metropolitan planning or- lic health, housing, transportation, resilience,
‘‘(I) hold any public meetings at convenient ganizations that are establishing performance hazard mitigation, emergency management,’’
and accessible locations and times; targets and whether such performance targets after ‘‘conservation,’’; and
‘‘(II) employ visualization techniques to de- established by the metropolitan planning orga- (ii) by amending clause (ii) to read as follows:
scribe plans; and nization are meaningful or regressive (as de- ‘‘(ii) COMPARISON AND CONSIDERATION.—Con-
‘‘(III) make public information available in fined in section 150(d)(3)(B) of title 23); and sultation under clause (i) shall involve the com-
electronically accessible format and means, such ‘‘(E) the progress of implementing the measure parison of transportation plans to other rel-
as the internet, as appropriate to afford reason- established under section 150(f) of title 23.’’; and evant plans and inventories, including, if avail-
able opportunity for consideration of public in- (12) by striking ‘‘Federally’’ each place it ap- able—
formation under subparagraph (A). pears and inserting ‘‘federally’’. ‘‘(I) State and tribal conservation plans or
‘‘(ii) ADDITIONAL METHODS.—In addition to SEC. 2108. STATEWIDE AND NONMETROPOLITAN
maps; and
the methods described in clause (i), in carrying TRANSPORTATION PLANNING. ‘‘(II) inventories of natural or historic re-
out subparagraph (A), the metropolitan plan- sources.’’;
Section 5304 of title 49, United States Code, is
ning organization shall, to the maximum extent (B) in paragraph (3)(B)—
amended— (i) by striking ‘‘In carrying out’’ and inserting
practicable— (1) in subsection (a)—
‘‘(I) use virtual public involvement, social the following:
(A) in paragraph (1) by striking ‘‘statewide ‘‘(i) IN GENERAL.—in carrying out’’;
media, and other web-based tools to encourage transportation improvement program’’ and in- (ii) by redesignating clauses (i) through (iv) as
public participation and solicit public feedback; serting ‘‘STIP’’; subclauses (I) through (IV), respectively; and
and (B) in paragraph (2)— (iii) by adding at the end the following:
‘‘(II) use other methods, as appropriate, to (i) by striking ‘‘The statewide transportation ‘‘(ii) ADDITIONAL METHODS.—In addition to
further encourage public participation of his- plan and the’’ and inserting the following: the methods described in clause (i), in carrying
torically underrepresented individuals in the ‘‘(A) IN GENERAL.—The statewide transpor- out subparagraph (A), the State shall, to the
transportation planning process.’’; tation plan and the’’; maximum extent practicable—
(9) in subsection (j)— (ii) by striking ‘‘transportation improvement ‘‘(I) use virtual public involvement, social
(A) by striking ‘‘transportation improvement program’’ and inserting ‘‘STIP’’; and media, and other web-based tools to encourage
program’’ and inserting ‘‘TIP’’ each place it ap- (iii) by adding at the end the following: public participation and solicit public feedback;
pears; and ‘‘(B) CONSIDERATION.—In developing the and
(B) in paragraph (2)(D)— statewide transportation plans and STIPs, ‘‘(II) use other methods, as appropriate, to
(i) by striking ‘‘PERFORMANCE TARGET States shall consider direct and indirect emis- further encourage public participation of his-
ACHIEVEMENT’’ and inserting ‘‘PERFORMANCE sions of greenhouse gases.’’; and torically underrepresented individuals in the
MANAGEMENT’’; (C) in paragraph (3) by striking ‘‘transpor- transportation planning process.’’;
(ii) by striking ‘‘The TIP’’ and inserting the tation improvement program’’ and inserting (C) in paragraph (4)(A) by inserting ‘‘reduce
following: ‘‘STIP’’; greenhouse gas emissions and’’ after ‘‘potential
‘‘(i) IN GENERAL.—The TIP’’; and (2) in subsection (d)— to’’; and
(iii) by adding at the end the following: (A) in paragraph (1)— (D) in paragraph (8) by inserting ‘‘including
‘‘(ii) TRANSPORTATION MANAGEMENT AREAS.— (i) in subparagraph (E)— consideration of the role that intercity buses
For metropolitan planning areas that represent (I) by inserting ‘‘reduce greenhouse gas emis- may play in reducing congestion, pollution,
an urbanized area designated as a transpor- sions,’’ after ‘‘promote energy conservation,’’; greenhouse gas emissions, and energy consump-
tation management area under subsection (k), (II) by inserting ‘‘and public health’’ after tion in a cost-effective manner and strategies
the TIP shall include— ‘‘improve the quality of life’’; and and investments that preserve and enhance
‘‘(I) a discussion of the anticipated effect of (III) by inserting ‘‘, including housing and
intercity bus systems, including systems that are
the TIP toward achieving the performance tar- land use patterns’’ after ‘‘economic development
privately owned and operated’’ after ‘‘transpor-
gets established in the metropolitan transpor- patterns’’;
tation system’’;
tation plan, linking investment priorities to such (ii) in subparagraph (H) by striking ‘‘and’’;
(5) in subsection (g)—
performance targets; and (iii) in subparagraph (I) by striking the period (A) in paragraph (1)(A) by striking ‘‘statewide
‘‘(II) a description of how the TIP would im- at the end and inserting ‘‘and reduce or mitigate transportation improvement program’’ and in-
prove the overall level of transportation system stormwater, sea level rise, extreme weather, and serting ‘‘STIP’’;
access, consistent with section 150(f) of title climate change impacts of surface transpor- (B) in paragraph (4)—
23.’’; tation;’’; and (i) by striking ‘‘PERFORMANCE TARGET
(10) in subsection (k)— (iv) by adding at the end the following: ACHIEVEMENT’’ and inserting ‘‘PERFORMANCE
(A) in paragraph (3)(A)— ‘‘(J) facilitate emergency management, re- MANAGEMENT’’;
(i) by striking ‘‘shall address congestion man- sponse, and evacuation and hazard mitigation; (ii) by striking ‘‘shall include, to the maximum
agement’’ and inserting the following: ‘‘shall ‘‘(K) improve the level of transportation sys- extent practicable, a discussion’’ and inserting
address— tem access; and the following: ‘‘shall include
‘‘(i) congestion management’’; ‘‘(L) support inclusive zoning policies and ‘‘(A) a discussion’’;
(ii) by striking the period at the end and in- land use planning practices that incentivize af- (iii) by striking the period at the end and in-
serting ‘‘; and’’; and fordable, elastic, and diverse housing supply, serting ‘‘; and’’;
(iii) by adding at the end the following: facilitate long-term economic growth by improv- (iv) by striking ‘‘statewide transportation im-
‘‘(ii) the overall level of transportation system ing the accessibility of housing to jobs, and pre- provement program’’ and inserting ‘‘STIP’’ each
access for various modes of travel within the vent high housing costs from displacing eco- place it appears; and
metropolitan planning area, including the level nomically disadvantaged households.’’; (v) by adding at the end the following:
of access for economically disadvantaged com- (B) in paragraph (2)— ‘‘(B) a consideration of how the STIP impacts
munities, consistent with section 150(f) of title (i) by striking subparagraph (A) and inserting the overall level of transportation system access,
23, that is based on a cooperatively developed the following: consistent with section 150(f) of title 23.’’;
and implemented metropolitan-wide strategy, ‘‘(A) IN GENERAL.—Through the use of a per- (C) in paragraph (5)—
assessing both new and existing transportation formance-based approach, transportation in- (i) in subparagraph (A) by striking ‘‘transpor-
facilities eligible for funding under this chapter vestment decisions made as a part of the state- tation improvement program’’ and inserting
and title 23.’’; and wide transportation planning process shall sup- ‘‘STIP’’;
(B) in paragraph (5)(B)— port— (ii) in subparagraph (B)(ii) by striking ‘‘met-
(i) in clause (i) by striking ‘‘; and’’ and insert- ‘‘(i) the national goals described in section ropolitan transportation improvement program’’
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ing a semicolon; 150(b); and inserting ‘‘TIP’’;
(ii) in clause (ii) by striking the period and in- ‘‘(ii) the consideration of transportation sys- (iii) in subparagraph (C) by striking ‘‘trans-
serting ‘‘; and’’; and tem access (consistent with section 150(f)); portation improvement program’’ and inserting
(iii) by adding at the end the following: ‘‘(iii) the achievement of statewide targets es- ‘‘STIP’’ each place it appears;
‘‘(iii) the TIP approved under clause (ii) im- tablished under section 150(d); and (iv) in subparagraph (E) by striking ‘‘trans-
proves the level of transportation system access, ‘‘(iv) the general purposes described in section portation improvement program’’ and inserting
consistent with section 150(f) of title 23.’’; 5301 of title 49.’’; and ‘‘STIP’’;
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2747
(v) in subparagraph (F)(i) by striking ‘‘trans- lations, shall, after the date of enactment of this this section in an amount up to 150 percent of
portation improvement program’’ and inserting Act, include a certification that buses or other the amount—
‘‘STIP’’ each place it appears; rolling stock (including train control, commu- ‘‘(A) provided for such project under title 23;
(vi) in subparagraph (G)(ii) by striking nication and traction power equipment) being and
‘‘transportation improvement program’’ and in- procured do not contain or use any covered tele- ‘‘(B) provided for such project from non-Fed-
serting ‘‘STIP’’; and communications equipment or services, as such eral funds budgeted for roadways.
(vii) in subparagraph (H) by striking ‘‘trans- term is defined by section 889 of the John S. ‘‘(i) REQUIREMENTS OF SECTION 5307.—Except
portation improvement program’’ and inserting McCain National Defense Authorization Act for as otherwise provided in this section, a grant
‘‘STIP’’; Fiscal Year 2019 (Public Law 115–232); under this section shall be subject to the re-
(D) in paragraph (6)— Subtitle B—Improving Frequency and quirements of section 5307.
(i) in subparagraph (A)— Ridership ‘‘(j) AVAILABILITY OF FUNDS.—
(I) by striking ‘‘transportation improvement ‘‘(1) IN GENERAL.—Amounts made available to
SEC. 2201. MULTI-JURISDICTIONAL BUS FRE-
program’’ and inserting ‘‘STIP’’; and carry out this section shall remain available for
QUENCY AND RIDERSHIP COMPETI-
(II) by striking ‘‘and projects carried out TIVE GRANTS. 4 fiscal years after the fiscal year for which the
under the bridge program or the Interstate amount was made available.
(a) IN GENERAL.—Chapter 53 of title 49,
maintenance program under title 23’’; and ‘‘(2) UNOBLIGATED AMOUNTS.—After the expi-
United States Code, is amended by inserting
(ii) in subparagraph (B)— ration of the period described in paragraph (1)
(I) by striking ‘‘or under the bridge program after section 5307 the following new section:
for an amount made available to carry out this
or the Interstate maintenance program’’; ‘‘§ 5308. Multi-jurisdictional bus frequency
section, any unobligated amounts made avail-
(II) by striking ‘‘statewide transportation im- and ridership competitive grants
able to carry out this section shall be added to
provement program’’ and inserting ‘‘STIP’’; ‘‘(a) IN GENERAL.—The Secretary shall make the amounts made available for the following
(E) in paragraph (7)— grants under this section, on a competitive fiscal year.
(i) in the heading by striking ‘‘TRANSPOR- basis, to eligible recipients to increase the fre- ‘‘(k) ELIGIBLE RECIPIENTS.—In this section,
TATION IMPROVEMENT PROGRAM’’ and inserting quency and ridership of public transit buses. the term ‘eligible recipient’ means a recipient of
‘‘STIP’’; and ‘‘(b) APPLICATIONS.—To be eligible for a grant a grant under section 5307 in an urbanized area
(ii) by striking ‘‘transportation improvement under this section, an eligible recipient shall with a population greater than 500,000.’’.
program’’ and inserting ‘‘STIP’’; submit to the Secretary an application at such (b) CLERICAL AMENDMENT.—The analysis for
(F) in paragraph (8) by striking ‘‘statewide time, in such manner, and containing such in- chapter 53 of title 49, United States Code, is
transportation plans and programs’’ and insert- formation as the Secretary may require. amended by inserting after the item relating to
ing ‘‘statewide transportation plans and ‘‘(c) APPLICATION TIMING.—Not later than 90
section 5307 the following new item:
STIPs’’; and days after amounts are made available to carry
(G) in paragraph (9) by striking ‘‘transpor- out this section, the Secretary shall solicit grant ‘‘5308. Multi-jurisdictional bus frequency and
tation improvement program’’ and inserting applications from eligible recipients for projects ridership competitive grants.’’.
‘‘STIP’’; described in subsection (d). SEC. 2202. INCENTIVIZING FREQUENCY IN THE
(6) in subsection (h)(2)(A) by striking ‘‘Not ‘‘(d) USES OF FUNDS.—An eligible recipient of URBAN FORMULA.
later than 5 years after the date of enactment of a grant under this section shall use such grant Section 5336 of title 49, United States Code, is
the Federal Public Transportation Act of 2012,’’ for capital projects that— amended—
and inserting ‘‘Not less frequently than once ‘‘(1) increase— (1) in subsection (b)—
every 4 years,’’; ‘‘(A) the frequency of bus service; (A) in paragraph (2)—
(7) in subsection (j) by striking ‘‘transpor- ‘‘(B) bus ridership; and (i) in subparagraph (A)—
tation improvement program’’ and inserting ‘‘(C) total person throughput; and (I) in the matter preceding clause (i) by strik-
‘‘STIP’’ each place it appears; ‘‘(2) are consistent with, and as described in, ing ‘‘95.61 percent’’ and inserting ‘‘95 percent’’;
(8) in subsection (l) by striking ‘‘transpor- the design guidance issued by the National As- (II) in clause (i) by striking ‘‘95.61 percent’’
tation improvement programs’’ and inserting sociation of City Transportation Officials and and inserting ‘‘95 percent’’; and
‘‘STIPs’’. titled ‘Transit Street Design Guide’. (III) in clause (ii) by striking ‘‘95.61 percent’’
SEC. 2109. OBLIGATION LIMITATION. ‘‘(e) GRANT CRITERIA.—In making grants and inserting ‘‘95 percent’’; and
Notwithstanding any other provision of law, under this section, the Secretary shall consider (ii) in subparagraph (B)—
the total of all obligations from amounts made the following: (I) in the matter preceding clause (i) by strik-
available from the Mass Transit Account of the ‘‘(1) Each eligible recipient’s projected in- ing ‘‘4.39 percent’’ and inserting ‘‘5 percent’’;
Highway Trust Fund by subsection (a) of sec- crease in bus frequency. (II) in clause (i)—
tion 5338 of title 49, United States Code, shall ‘‘(2) Each eligible recipient’s projected in- (aa) by inserting ‘‘in the highest 25 percent of
not exceed— crease in bus ridership. routes by ridership’’ before ‘‘multiplied by’’; and
(1) $16,185,800,000 in fiscal year 2022; ‘‘(3) Each eligible recipient’s projected in- (bb) by striking ‘‘vehicle passenger miles trav-
(2) $16,437,600,000 in fiscal year 2023; crease in total person throughput. eled for each dollar of operating cost in an
(3) $16,700,600,000 in fiscal year 2024; and ‘‘(4) The degree of regional collaboration de- area’’ and inserting ‘‘vehicles operating in peak
(4) $16,963,600,000 in fiscal year 2025. scribed in each eligible recipient’s application, revenue service per hour in the highest 25 per-
SEC. 2110. PUBLIC TRANSPORTATION EMER-
including collaboration with— cent of routes by ridership’’; and
GENCY RELIEF FUNDS. ‘‘(A) a local government entity that operates a (III) in clause (ii)—
Section 5324 of title 49, United States Code, is public transportation service; (aa) by inserting ‘‘in the highest 25 percent of
‘‘(B) local government agencies that control
further amended by adding at the end the fol- routes by ridership’’ before ‘‘multiplied by’’; and
street design;
lowing: (bb) by striking ‘‘vehicle passenger miles trav-
‘‘(C) metropolitan planning organizations (as
‘‘(g) IMPOSITION OF DEADLINE.— eled for each dollar of operating cost in all
‘‘(1) IN GENERAL.—Notwithstanding any other such term is defined in section 5303); and
areas’’ and inserting ‘‘vehicles operating in
‘‘(D) State departments of transportation.
provision of law, the Secretary may not require peak revenue service per hour in the highest 25
‘‘(f) GRANT TIMING.—The Secretary shall
any project funded pursuant to this section to percent of routes by ridership’’; and
award grants under this section not later than
advance to the construction obligation stage be- (B) by adding at the end the following:
120 days after the date on which the Secretary
fore the date that is the last day of the sixth fis- ‘‘(3) SPECIAL RULE.—For fiscal year 2022, the
completes the solicitation described in subsection
cal year after the later of— percentage—
(c).
‘‘(A) the date on which the Governor declared ‘‘(A) in paragraph (2)(A) in the matter pre-
‘‘(g) REQUIREMENTS OF THE SECRETARY.—In
the emergency, as described in subsection (a)(2); ceding clause (i) shall be treated as 100 percent;
carrying out the program under this section, the
or and
Secretary shall—
‘‘(B) the date on which the President declared ‘‘(1) not later than the date described in sub- ‘‘(B) in paragraph (2)(B) in the matter pre-
a major disaster, as described in such sub- section (c), publish in the Federal Register a list ceding clause (i) shall be treated as 0 percent.’’;
section. of all metrics and evaluation procedures to be (2) in subsection (c)—
‘‘(2) EXTENSION OF DEADLINE.—If the Sec- (A) in paragraph (1) by striking ‘‘90.8 per-
used in making grants under this section; and
retary imposes a deadline for advancement to ‘‘(2) publish in the Federal Register— cent’’ and inserting ‘‘90 percent’’ each place it
the construction obligation stage pursuant to ‘‘(A) a summary of the final metrics and eval- appears;
paragraph (1), the Secretary may, upon the re- uations used in making grants under this sec- (B) in paragraph (2)—
quest of the Governor of the State, issue an ex- tion; and (i) by striking ‘‘9.2 percent’’ and inserting ‘‘8
tension of not more than 1 year to complete such ‘‘(B) a list of the ratings of eligible recipients percent’’;
advancement, and may issue additional exten- receiving a grant under this section based on (ii) by striking ‘‘200,000’’ and inserting
sions after the expiration of any extension, if
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such metrics and evaluations. ‘‘500,000’’;
the Secretary determines the Governor of the ‘‘(h) FEDERAL SHARE.— (iii) by striking subparagraph (A) and insert-
State has provided suitable justification to war- ‘‘(1) IN GENERAL.—The Federal share of the ing the following:
rant an extension.’’. cost of a project carried out under this section ‘‘(A) the number of bus passenger miles trav-
SEC. 2111. CERTIFICATION REQUIREMENTS. shall not exceed 80 percent. eled on the highest 25 percent of routes by rider-
The certification requirements described in ‘‘(2) RESTRICTION ON GRANT AMOUNTS.—The ship multiplied by the number of buses oper-
section 661.12 of title 49, Code of Federal Regu- Secretary may make a grant for a project under ating in peak revenue service per hour on the
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H2748 CONGRESSIONAL RECORD — HOUSE June 30, 2020
highest 25 percent of routes by ridership; divided ‘‘(vi) new low density service relative to the governments the efficient means to transfer data
by’’; and higher density urban areas of the agency’s serv- to—
(iv) by striking subparagraph (B) and insert- ice area; or ‘‘(A) foster the efficient use of transportation
ing the following: ‘‘(vii) rural service. capacity;
‘‘(B) the total number of bus passenger miles ‘‘(D) FARE COLLECTION MODERNIZATION.—In ‘‘(B) enhance the management of new modes
traveled on the highest 25 percent of routes by developing guidance referred to in this section, of mobility;
ridership multiplied by the total number of buses the Secretary shall ensure that— ‘‘(C) enable the use of innovative planning
operating in peak revenue service per hour on ‘‘(i) all costs associated with installing, mod- tools;
the highest 25 percent of routes by ridership in ernizing, and managing fare collection, includ- ‘‘(D) enable single payment systems for all
all areas.’’; and ing touchless payment systems, shall be consid- mobility on demand services;
(C) by adding at the end the following: ered eligible expenses under this title and sub- ‘‘(E) establish metropolitan planning organi-
‘‘(3) 2 percent of the total amount apportioned ject to the applicable Federal share; and zation, State, and local government access to
under this subsection shall be apportioned so ‘‘(ii) such guidance includes guidance on how anonymized data for transportation planning,
that each urbanized area with a population of agencies shall provide unbanked and under- real time operations data, and rules;
at least 200,000 and less than 500,000 is entitled banked users with an opportunity to benefit ‘‘(F) safeguard personally identifiable infor-
to receive an amount using the formula in para- from mobility as a service platforms. mation;
graph (1). ‘‘(2) PROHIBITION ON USE OF FUNDS.—Amounts ‘‘(G) protect confidential business informa-
‘‘(4) For fiscal year 2022, the percentage— used by a covered recipient for projects eligible
‘‘(A) in paragraph (1) in the matter preceding tion; and
under this section may not be used for— ‘‘(H) enhance cybersecurity protections.
subparagraph (A) shall be treated as 100 per- ‘‘(A) single passenger vehicle miles (in a pas-
cent; ‘‘(3) PROHIBITION ON FOR PROFIT ACTIVITY.—
senger motor vehicle, as such term is defined in Any data received by an entity under this sub-
‘‘(B) in paragraph (2) in the matter preceding section 32101, that carries less than 9 pas-
subparagraph (A) shall be treated as 0 percent; section may not be sold, leased, or otherwise
sengers), unless the trip— used to generate profit, except for the direct pro-
and ‘‘(i) meets the definition of public transpor-
‘‘(C) in paragraph (3) shall be treated as 0 vision of the related mobility on demand services
tation; and and mobility as a service.
percent.’’; and
‘‘(ii) begins or completes a fixed route public ‘‘(4) COMMITTEE.—A negotiated rulemaking
(3) by adding at the end the following:
‘‘(k) PEAK REVENUE SERVICE DEFINED.—In transportation trip; committee established pursuant to section 565 of
this section, the term ‘peak revenue service’ ‘‘(B) deadhead vehicle miles; or title 5 to carry out this subsection shall have a
means the time period between the time in the ‘‘(C) any service considered a taxi service that maximum of 17 members limited to representa-
morning that an agency first exceeds the num- operates under an exemption from testing re- tives of the Department of Transportation, State
ber of midday vehicles in revenue service and quirements under section 5331. and local governments, metropolitan planning
‘‘(d) FEDERAL REQUIREMENTS.—A project car-
the time in the evening that an agency falls organizations, urban and rural covered recipi-
ried out under this section shall be treated as if
below the number of midday vehicles in revenue ents, associations that represent public transit
such project were carried out under the section
service.’’. agencies, representatives from at least 3 dif-
from which the funds were provided to carry out
SEC. 2203. MOBILITY INNOVATION. ferent organizations engaged in collective bar-
such project, including the application of any
(a) IN GENERAL.—Chapter 53 of title 49, gaining on behalf of transit workers in not
additional requirements provided for by law
United States Code, is amended by inserting fewer than 3 States, mobility on demand pro-
that apply to section 5307, 5310, or 5311, as ap-
after section 5315 the following new section: viders, and mobility as a service technology pro-
plicable.
‘‘§ 5316. Mobility innovation viders.
‘‘(e) WAIVER.—
‘‘(a) IN GENERAL.—Amounts made available to ‘‘(5) PUBLICATION OF PROPOSED REGULA-
‘‘(1) INDIVIDUAL WAIVER.—Except as provided
TIONS.—Proposed regulations to implement this
a covered recipient to carry out sections 5307, in paragraphs (2) and (3), the Secretary may
5310, and 5311 may be used by such covered re- section shall be published in the Federal Reg-
waive any requirement applied to a project car-
cipient under this section to assist in the financ- ister by the Secretary not later than 18 months
ried out under this section pursuant to sub-
ing of— after such date of enactment.
section (d) if the Secretary determines that the
‘‘(1) mobility as a service; and ‘‘(6) EXTENSION OF DEADLINES.—A deadline set
project would—
‘‘(2) mobility on demand services. forth in paragraph (4) may be extended up to
‘‘(A) not undermine labor standards;
‘‘(b) FEDERAL SHARE.— ‘‘(B) increase employment opportunities of the 180 days if the negotiated rulemaking committee
‘‘(1) IN GENERAL.—Except as provided in para- recipient unless the Secretary determines that referred to in paragraph (5) concludes that the
graphs (2) and (3), the Federal share of the net such a waiver does not affect employment op- committee cannot meet the deadline and the Sec-
cost of a project carried out under this section portunities; and retary so notifies the Committee on Transpor-
shall not exceed 70 percent. ‘‘(C) be consistent with the public interest. tation and Infrastructure of the House of Rep-
‘‘(2) INSOURCING INCENTIVE.—Notwithstanding resentatives and the Committee on Banking,
‘‘(2) WAIVER UNDER OTHER SECTIONS.—The
paragraph (1), the Federal share of the net cost Housing, and Urban Affairs of the Senate.
Secretary may not waive any requirement under
of a project described in paragraph (1) shall not ‘‘(g) APPLICATION OF RECIPIENT REVENUE VE-
paragraph (1) for which a waiver is otherwise
exceed 90 percent for mobility on demand service HICLE MILES.—With respect to revenue vehicle
available.
operated exclusively by personnel employed by ‘‘(3) PROHIBITION OF WAIVER.—Notwith- miles with one passenger of a covered recipient
the recipient. standing paragraph (1), the Secretary may not using amounts under this section, such miles—
‘‘(3) ZERO EMISSION INCENTIVE.—Notwith- ‘‘(1) shall be included in the National Transit
waive any requirement of—
standing paragraph (1), the Federal share of the Database under section 5335; and
‘‘(A) section 5333;
net cost of a project described in paragraph (1) ‘‘(2) shall be excluded from vehicle revenue
‘‘(B) section 5331;
shall not exceed 90 percent if such project in- ‘‘(C) section 5302(14); and miles data used in the calculation described in
volves an eligible use that uses a vehicle that ‘‘(D) chapter 53 that establishes a maximum section 5336.
produces zero carbon dioxide or particulate mat- Federal share for operating costs. ‘‘(h) SAVINGS CLAUSE.—Subsection (c)(2) and
ter. ‘‘(4) APPLICATION OF SECTION 5320.—Notwith- subsection (g) shall not apply to any eligible ac-
‘‘(c) ELIGIBLE USES.— tivities under this section if such activities are—
standing paragraphs (1) and (2), the Secretary
‘‘(1) IN GENERAL.—The Secretary shall publish ‘‘(1) being carried out in compliance with the
may only waive the requirements of section 5320
guidance describing eligible activities that are Americans with Disabilities Act of 1990 22(42
with respect to—
demonstrated to— U.S.C. 12101 et seq.); or
‘‘(A) increase transit ridership; ‘‘(A) a passenger vehicle owned by an indi-
vidual; and ‘‘(2) projects eligible under section 5310 that
‘‘(B) be complementary to fixed route transit
‘‘(B) subsection (q) of such section for any exceed the requirements of the Americans with
service;
‘‘(C) demonstrate meaningful improvements passenger vehicle not owned by an individual Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
in— for the period beginning on the date of enact- ‘‘(i) DEFINITIONS.—In this section:
‘‘(i) environmental metrics, including stand- ment of this section and ending 3 years after ‘‘(1) DEADHEAD VEHICLE MILES.—The term
ards established pursuant to the Clean Air Act such date. ‘deadhead vehicle miles’ means the miles that a
(42 U.S.C. 7401 et seq.) and greenhouse gas per- ‘‘(f) OPEN DATA STANDARDS.— vehicle travels when out of revenue service, in-
formance targets established pursuant to section ‘‘(1) IN GENERAL.—Not later than 90 days after cluding leaving or returning to the garage or
150(d) of title 23; the date of enactment of this section, the Sec- yard facility, changing routes, when there is no
‘‘(ii) traffic congestion; retary shall initiate procedures under sub- expectation of carrying revenue passengers, and
‘‘(iii) compliance with the requirements under chapter III of chapter 5 of title 5 to develop an any miles traveled by a private operator without
the Americans with Disabilities Act of 1990 (42 open data standard and an application pro- a passenger.
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U.S.C. 12101 et seq.); gramming interface necessary to carry out this ‘‘(2) MOBILITY AS A SERVICE.—The term ‘mo-
‘‘(iv) low-income service to increase access to section. bility as a service’ means services that constitute
employment, healthcare, and other essential ‘‘(2) REGULATIONS.—The regulations required the integration of mobility on demand services
services; under paragraph (1) shall require public trans- and public transportation that are available
‘‘(v) service outside of transit agency oper- portation agencies, mobility on demand pro- and accessible to all travelers, provide
ating hours, provided that the transit agency viders, mobility as a service technology pro- multimodal trip planning, and a unified pay-
operating hours are not reduced; viders, other non-government actors, and local ment system.
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2749
‘‘(3) MOBILITY ON DEMAND.—The term ‘mobil- areas in the United States, as determined by na- program by selecting a range of eligible entities
ity on demand’ means an on-demand transpor- tional transit database reporting. that includes at least—
tation service shared among individuals, either ‘‘(ii) MAXIMUM APPORTIONMENT.—No State ‘‘(A) 5 eligible recipients that serve an area
concurrently or one after another. shall receive more than 5 percent of the amount with a population of 50,000 to 200,000;
‘‘(4) COVERED RECIPIENT.—The term ‘covered apportioned under clause (i). ‘‘(B) 10 eligible recipients that serve an area
recipient’ means a State or local government en- ‘‘(E) LOW-INCOME INDIVIDUALS.—Each State with a population of over 200,000; and
tity, private nonprofit organization, or Tribe shall receive an amount that is equal to 10 per- ‘‘(C) 5 eligible recipients that provide trans-
that— cent of the amount apportioned under this para- portation for rural communities.
‘‘(A) operates a public transportation service; graph, multiplied by the ratio of low-income in- ‘‘(5) DATA-SHARING CRITERIA.—An eligible re-
and dividuals in rural areas in that State and di- cipient in this subsection shall provide data as
‘‘(B) is a recipient or subrecipient of funds vided by the number of low-income individuals the Secretary requires, including—
under section 5307, 5310, or 5311.’’. in all rural areas in the United States, as shown ‘‘(A) number of ADA paratransit trips con-
(b) CLERICAL AMENDMENT.—The analysis for by the Bureau of the Census.’’; ducted each year;
chapter 53 of title 49, United States Code, is (3) in subsection (f)— ‘‘(B) requested time of each paratransit trip;
amended by inserting after the item relating to ‘‘(C) scheduled time of each paratransit trip;
(A) in paragraph (1) by inserting ‘‘A State
‘‘(D) actual pickup time for each paratransit
section 5315 the following new item: may expend funds to continue service into an-
trip;
‘‘5316. Mobility innovation.’’. other State to extend a route.’’ before ‘‘Eligible ‘‘(E) average length of a stop in the middle of
(c) EFFECTIVE DATE.—This section and the activities under’’; and a ride as allowed by this subsection;
amendments made by this section shall take ef- (B) in paragraph (2) by inserting ‘‘and makes ‘‘(F) any complaints received by a paratransit
fect on the date on which the Secretary has fi- the certification and supporting documents pub- rider;
nalized both— licly available’’ before the period at the end; ‘‘(G) rider satisfaction with paratransit serv-
(1) the guidance required under section 5316(c) and ices; and
of title 49, United States Code; and (4) in subsection (g) by adding at the end the ‘‘(H) after the completion of the grant, an as-
(2) the regulations required under section following: sessment by the eligible recipient of its capacity
5316(f) of title 49, United States Code. ‘‘(6) ALLOWANCE FOR VOLUNTEER HOURS.— to continue a one-stop program independently.
SEC. 2204. FORMULA GRANTS FOR RURAL AREAS. ‘‘(A) APPLICABLE REGULATIONS.—For any ‘‘(6) REPORT.—
Section 5311 of title 49, United States Code, is funds provided by a department or agency of ‘‘(A) IN GENERAL.—The Secretary shall make
amended— the Government under paragraph (3)(D) or by a publicly available an annual report on the pro-
(1) in subsection (b)— service agreement under paragraph (3)(C), and gram carried out under this subsection for each
(A) in paragraph (2) by adding at the end the such department or agency has regulations in fiscal year, not later than December 31 of the
following: place that provide for the valuation of volunteer calendar year in which such fiscal year ends.
‘‘(D) CENSUS DESIGNATION.—The Secretary hours as allowable in-kind contributions toward ‘‘(B) CONTENTS.—The report required under
may approve a State program that allocates not the non-Federal share of project costs, such reg- subparagraph (A) shall include a detailed de-
more than 5 percent of such State’s apportion- ulations shall be used to determine the allow- scription of the activities carried out under the
ment to assist rural areas that were redesig- able valuation of volunteer hours as an in-kind program, and an evaluation of the program, in-
nated as urban areas not more than 2 fiscal contribution toward the non-Federal remainder cluding an evaluation of the data shared by eli-
years after the last census designation of urban- of net project costs for a transit project funded gible recipients under paragraph (5).’’.
ized area boundaries.’’; and under this section. Subtitle C—Buy America and Other
(B) in paragraph (3) by striking ‘‘section ‘‘(B) LIMITATIONS.—Subparagraph (A) shall Procurement Reforms
5338(a)(2)(F)’’ and inserting ‘‘section not apply to the provision of fixed-route bus SEC. 2301. BUY AMERICA.
5338(a)(2)(E)’’; services funded under this section.’’.
(a) BUY AMERICA.—
(2) in subsection (c)— SEC. 2205. ONE-STOP PARATRANSIT PROGRAM. (1) IN GENERAL.—Chapter 53 of title 49, United
(A) in paragraph (1)— Section 5310 of title 49, United States Code, is States Code, is amended by inserting before sec-
(i) in the matter preceding subparagraph (A) amended by adding at the end the following: tion 5321 the following:
by striking ‘‘section 5338(a)(2)(F)’’ and inserting ‘‘(j) ONE-STOP PARATRANSIT PROGRAM.— ‘‘§ 5320. Buy America
‘‘section 5338(a)(2)(E)’’; ‘‘(1) IN GENERAL.—Not later than 6 months
(ii) in subparagraph (A) by striking after the date of enactment of this subsection, ‘‘(a) IN GENERAL.—The Secretary may obligate
‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’; and the Secretary shall establish a one-stop para- an amount that may be appropriated to carry
(iii) in subparagraph (B) by striking transit competitive grant program to encourage out this chapter for a project only if the steel,
‘‘$30,000,000’’ and inserting ‘‘the amount re- an extra stop in non-fixed route Americans with iron, and manufactured goods used in the
maining under section 5338(a)(2)(E)(i) after the Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) project are produced in the United States.
‘‘(b) WAIVER.—The Secretary may waive sub-
amount under subparagraph (A) is distributed’’; service for a paratransit rider to complete essen-
section (a) if the Secretary finds that—
(B) in paragraph (2)(C) by striking ‘‘section tial tasks.
‘‘(1) applying subsection (a) would be incon-
5338(a)(2)(F)’’ and inserting ‘‘section ‘‘(2) PREFERENCE.—The Secretary shall give
sistent with the public interest;
5338(a)(2)(E)’’; and preference to eligible recipients that—
‘‘(2) the steel, iron, and goods produced in the
(C) in paragraph (3)— ‘‘(A) have comparable data for the year prior
United States are not produced in a sufficient
(i) in subparagraph (A) by striking ‘‘section to implementation of the grant program and
and reasonably available amount or are not of
5338(a)(2)(F)’’ and inserting ‘‘section made available to the Secretary, academic and
a satisfactory quality;
5338(a)(2)(E)’’; and nonprofit organizations for research purposes; ‘‘(3) when procuring rolling stock (including
(ii) by striking subparagraphs (B) and (C) and and train control, communication, traction power
inserting the following: ‘‘(B) plan to use agency personnel to imple- equipment, and rolling stock prototypes) under
‘‘(B) LAND AREA.— ment the pilot program. this chapter—
‘‘(i) IN GENERAL.—Subject to clause (ii), each ‘‘(3) APPLICATION CRITERIA.—To be eligible to ‘‘(A) the cost of components and subcompo-
State shall receive an amount that is equal to 15 participate in the grant program, an eligible re- nents produced in the United States is more
percent of the amount apportioned under this cipient shall submit to the Secretary an applica- than 70 percent of the cost of all components of
paragraph, multiplied by the ratio of the land tion containing such information as the Sec- the rolling stock; and
area in rural areas in that State and divided by retary may require, including information on— ‘‘(B) final assembly of the rolling stock has
the land area in all rural areas in the United ‘‘(A) locations the eligible entity intends to occurred in the United States; or
States, as shown by the most recent decennial allow a stop at, if stops are limited, including— ‘‘(4) including domestic material will increase
census of population. ‘‘(i) childcare or education facilities; the cost of the overall project by more than 25
‘‘(ii) MAXIMUM APPORTIONMENT.—No State ‘‘(ii) pharmacies; percent.
shall receive more than 5 percent of the amount ‘‘(iii) grocery stores; and ‘‘(c) WRITTEN WAIVER DETERMINATION AND
apportioned under clause (i). ‘‘(iv) bank or ATM locations; ANNUAL REPORT.—
‘‘(C) POPULATION.—Each State shall receive ‘‘(B) methodology for informing the public of ‘‘(1) WAIVER PROCEDURE.—Not later than 120
an amount equal to 50 percent of the amount the grant program; days after the submission of a request for a
apportioned under this paragraph, multiplied by ‘‘(C) vehicles, personnel, and other resources waiver, the Secretary shall make a determina-
the ratio of the population of rural areas in that that will be used to implement the grant pro- tion under subsection (b)(1), (b)(2), or (b)(4) as
State and divided by the population of all rural gram; to whether to waive subsection (a).
areas in the United States, as shown by the ‘‘(D) if the applicant does not intend the ‘‘(2) PUBLIC NOTIFICATION AND COMMENT.—
most recent decennial census of population. grant program to apply to the full area under ‘‘(A) IN GENERAL.—Not later than 30 days be-
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‘‘(D) VEHICLE REVENUE MILES.— the jurisdiction of the applicant, a description fore making a determination regarding a waiver
‘‘(i) IN GENERAL.—Subject to clause (ii), each of the geographic area in which the applicant described in paragraph (1), the Secretary shall
State shall receive an amount that is equal to 25 intends the grant program to apply; and provide notification and an opportunity for
percent of the amount apportioned under this ‘‘(E) the anticipated amount of increased op- public comment on the request for such waiver.
paragraph, multiplied by the ratio of vehicle erating costs. ‘‘(B) NOTIFICATION REQUIREMENTS.—The noti-
revenue miles in rural areas in that State and ‘‘(4) SELECTION.—The Secretary shall seek to fication required under subparagraph (A)
divided by the vehicle revenue miles in all rural achieve diversity of participants in the grant shall—
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H2750 CONGRESSIONAL RECORD — HOUSE June 30, 2020
‘‘(i) describe whether the application is being ‘‘(A) IN GENERAL.—No labor costs included in factured in foreign countries in projects carried
made for a waiver described in subsection (b)(1), the cost of a component or subcomponent by the out with that assistance or restricts a recipient
(b)(2) or (b)(4); and manufacturer of rolling stock may be treated as of that assistance from complying with those
‘‘(ii) be provided to the public by electronic rolling stock assembly costs for purposes of cal- State-imposed requirements.
means, including on the public website of the culating domestic content. ‘‘(i) OPPORTUNITY TO CORRECT INADVERTENT
Department of Transportation. ‘‘(B) VIOLATION.—A violation of this para- ERROR.—The Secretary may allow a manufac-
‘‘(3) DETERMINATION.—Before a determination graph shall be treated as a false claim under turer or supplier of steel, iron, or manufactured
described in paragraph (1) takes effect, the Sec- subchapter III of chapter 37 of title 31. goods to correct after bid opening any certifi-
retary shall publish a detailed justification for ‘‘(7) DEFINITION OF HIGHLY SKILLED LABOR cation of noncompliance or failure to properly
such determination that addresses all public COSTS.—In this subsection, the term ‘highly complete the certification (but not including
comments received under paragraph (2)— skilled labor costs’— failure to sign the certification) under this sub-
‘‘(A) on the public website of the Department ‘‘(A) means the apportioned value of direct section if such manufacturer or supplier attests
of Transportation; and wage compensation associated with final assem- under penalty of perjury that such manufac-
‘‘(B) if the Secretary issues a waiver with re- bly activities of workers directly employed by a turer or supplier submitted an incorrect certifi-
spect to such determination, in the Federal Reg- rolling stock original equipment manufacturer cation as a result of an inadvertent or clerical
ister. and directly associated with the final assembly error. The burden of establishing inadvertent or
‘‘(4) ANNUAL REPORT.—Annually, the Sec- activities of a rolling stock vehicle that advance clerical error is on the manufacturer or supplier.
retary shall submit to the Committee on Bank- the value or improve the condition of the end ‘‘(j) ADMINISTRATIVE REVIEW.—A party ad-
ing, Housing, and Urban Affairs of the Senate product; versely affected by an agency action under this
and the Committee on Transportation and In- ‘‘(B) does not include any temporary or indi- subsection shall have the right to seek review
frastructure of the House of Representatives a rect activities or those hired via a third-party under section 702 of title 5.
report listing any waiver issued under para- contractor or subcontractor; ‘‘(k) STEEL AND IRON.—For purposes of this
graph (1) during the preceding year. ‘‘(C) are limited to metalworking, fabrication, section, steel and iron meeting the requirements
‘‘(d) ROLLING STOCK WAIVER CONDITIONS.— welding, electrical, engineering, and other tech- of section 661.5(b) of title 49, Code of Federal
‘‘(1) LABOR COSTS FOR FINAL ASSEMBLY.—In nical activities requiring training; Regulations, may be considered produced in the
this section, highly skilled labor costs involved ‘‘(D) are not otherwise associated with activi- United States.
in final assembly shall be included as a separate ties required under section 661.11 of title 49, ‘‘(l) DEFINITION OF SMALL PURCHASE.—For
component in the cost of components and sub- Code of Federal Regulations; and purposes of determining whether a purchase
components under subsection (b)(3)(A). ‘‘(E) includes only activities performed in the qualifies for a general public interest waiver
‘‘(2) HIGH DOMESTIC CONTENT COMPONENT United States and does not include that of for- under subsection (b)(1), including under any
BONUS.—In this section, in calculating the do- eign nationals providing assistance at a United regulation promulgated under such subsection,
mestic content of the rolling stock under sub- States manufacturing facility. the term ‘small purchase’ means a purchase of
section (b)(3), the percent, rounded to the near- ‘‘(e) CERTIFICATION OF DOMESTIC SUPPLY AND not more than $150,000.
est whole number, of the domestic content in DISCLOSURE.— ‘‘(m) PREAWARD AND POSTDELIVERY REVIEW
components of such rolling stock, weighted by ‘‘(1) CERTIFICATION OF DOMESTIC SUPPLY.—If
OF ROLLING STOCK PURCHASES.—
cost, shall be used in calculating the domestic the Secretary denies an application for a waiver
‘‘(1) IN GENERAL.—The Secretary shall pre-
content of the rolling stock, except— under subsection (b), the Secretary shall provide
scribe regulations requiring a preaward and
‘‘(A) with respect to components that exceed— to the applicant a written certification that—
‘‘(i) 70 percent domestic content, the Secretary postdelivery certification of a rolling stock vehi-
‘‘(A) the steel, iron, or manufactured goods,
shall add 10 additional percent to the compo- cle that meets the requirements of this section
as applicable, (referred to in this paragraph as
nent’s domestic content when calculating the and Government motor vehicle safety require-
the ‘item’) is produced in the United States in a
domestic content of the rolling stock; and ments to be eligible for a grant under this chap-
sufficient and reasonably available amount;
‘‘(ii) 75 percent domestic content, the Sec- ter. For compliance with this section—
‘‘(B) the item produced in the United States is
retary shall add 15 additional percent to the ‘‘(A) Federal inspections and review are re-
of a satisfactory quality; and
component’s domestic content when calculating ‘‘(C) includes a list of known manufacturers quired;
the domestic content of the rolling stock; and in the United States from which the item can be ‘‘(B) a manufacturer certification is not suffi-
‘‘(B) in no case may a component exceed 100 obtained. cient; and
domestic content when calculating the domestic ‘‘(2) DISCLOSURE.—The Secretary shall dis- ‘‘(C) a rolling stock vehicle that has been cer-
content of the rolling stock. close the waiver denial and the written certifi- tified by the Secretary remains certified until
‘‘(3) ROLLING STOCK FRAMES OR CAR SHELLS.— cation to the public in an easily identifiable lo- the manufacturer makes a material change to
‘‘(A) INCLUSION OF COSTS.—Subject to the sub- cation on the website of the Department of the vehicle, or adjusts the cost of all components
stantiation requirement of subparagraph (B), in Transportation. of the rolling stock, that reduces, by more than
carrying out, in calculating the cost of the do- ‘‘(f) WAIVER PROHIBITED.—The Secretary may half, the percentage of domestic content above
mestic content of the rolling stock under sub- not make a waiver under subsection (b) for 70 percent.
section (b)(3), in the case of a rolling stock pro- goods produced in a foreign country if the Sec- ‘‘(2) CERTIFICATION OF PERCENTAGE.—The
curement receiving assistance under this chap- retary, in consultation with the United States Secretary may, at the request of a component or
ter in which the average cost of a rolling stock Trade Representative, decides that the govern- subcomponent manufacturer, certify the per-
vehicle in the procurement is more than ment of that foreign country— centage of domestic content and place of manu-
$300,000, if rolling stock frames or car shells are ‘‘(1) has an agreement with the United States facturing for a component or subcomponent.
not produced in the United States, the Secretary Government under which the Secretary has ‘‘(3) FREEDOM OF INFORMATION ACT.—In car-
shall include in the calculation of the domestic waived the requirement of this section; and rying out this subsection, the Secretary shall
content of the rolling stock the cost of the steel ‘‘(2) has violated the agreement by discrimi- consistently apply the provisions of section 552
or iron that is produced in the United States nating against goods to which this section ap- of title 5, including subsection (b)(4) of such sec-
and used in the rolling stock frames or car plies that are produced in the United States and tion.
shells. to which the agreement applies. ‘‘(4) NONCOMPLIANCE.—The Secretary shall
‘‘(B) SUBSTANTIATION.—If a rolling stock vehi- ‘‘(g) PENALTY FOR MISLABELING AND MIS- prohibit recipients from procuring rolling stock,
cle manufacturer wishes to include in the cal- REPRESENTATION.—A person is ineligible under components, or subcomponents from a supplier
culation of the vehicle’s domestic content the subpart 9.4 of the Federal Acquisition Regula- that intentionally provides false information to
cost of steel or iron produced in the United tion, or any successor thereto, to receive a con- comply with this subsection.
States and used in the rolling stock frames and tract or subcontract made with amounts author- ‘‘(n) SCOPE.—The requirements of this section
car shells that are not produced in the United ized under title II of the INVEST in America Act apply to all contracts for a public transpor-
States, the manufacturer shall maintain and if a court or department, agency, or instrumen- tation project carried out within the scope of the
provide upon request a mill certification that tality of the Government decides the person in- applicable finding, determination, or decision
substantiates the origin of the steel or iron. tentionally— under the National Environmental Policy Act of
‘‘(4) TREATMENT OF WAIVED COMPONENTS AND ‘‘(1) affixed a ‘Made in America’ label, or a 1969 (42 U.S.C. 4321 et seq.), regardless of the
SUBCOMPONENTS.—In this section, a component label with an inscription having the same mean- funding source of such contracts, if at least one
or subcomponent waived under subsection (b) ing, to goods sold in or shipped to the United contract for the public transportation project is
shall be excluded from any part of the calcula- States that are used in a project to which this funded with amounts made available to carry
tion required under subsection (b)(3)(A). section applies but not produced in the United out this chapter.
‘‘(5) ZERO-EMISSION VEHICLE DOMESTIC BAT- States; or ‘‘(o) BUY AMERICA CONFORMITY.—The Sec-
TERY CELL INCENTIVE.—The Secretary shall pro- ‘‘(2) represented that goods described in para- retary shall ensure that all Federal funds for
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vide an additional 2.5 percent of domestic con- graph (1) were produced in the United States. new commuter rail projects shall comply with
tent to the total rolling stock domestic content ‘‘(h) STATE REQUIREMENTS.—The Secretary this section and shall not be subject to section
percentage calculated under this section for any may not impose any limitation on assistance 22905(a).
zero-emission vehicle that uses only battery cells provided under this chapter that restricts a ‘‘(p) AUDITS AND REPORTING OF WASTE,
for propulsion that are manufactured domesti- State from imposing more stringent requirements FRAUD, AND ABUSE.—
cally. than this subsection on the use of articles, mate- ‘‘(1) IN GENERAL.—The Inspector General of
‘‘(6) PROHIBITION ON DOUBLE COUNTING.— rials, and supplies mined, produced, or manu- the Department of Transportation shall conduct
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2751
an annual audit on certifications under sub- the Secretary of Transportation shall issue such this chapter to a recipient that issues a request
section (m) regarding compliance with Buy regulations as are necessary to revise Appendix for proposals for an open market procurement
America. B and Appendix D of section 661.11 of title 49, that meets the following criteria:
‘‘(2) REPORT FRAUD, WASTE, AND ABUSE.—The Code of Federal Regulations, with respect to bus ‘‘(A) Such request for proposals is limited to
Secretary shall display a ‘Report Fraud, Waste, rolling stock to maximize job creation and align performance specifications, except for compo-
and Abuse’ button and link to Department of such section with modern manufacturing tech- nents or subcomponents identified in the nego-
Transportation’s Office of Inspector General niques. tiated rulemaking carried out pursuant to this
Hotline on the Federal Transit Administration’s (c) RAIL ROLLING STOCK.—Not later than 30 subsection.
Buy America landing page. months after the date of enactment of this Act, ‘‘(B) Such request for proposals does not seek
‘‘(3) CONTRACT REQUIREMENT.—The Secretary the Secretary shall issue such regulations as are any alternative design or manufacture specifica-
shall require all recipients who enter into con- necessary to revise subsections (t), (u), and (v) tion of a bus offered by a manufacturer, except
tracts to purchase rolling stock with funds pro- of section 661.11 of title 49, Code of Federal Reg- to require a component or subcomponent identi-
vided under this chapter to include in such con- ulations, with respect to rail rolling stock to fied in the negotiated rulemaking carried out
tract information on how to contact the Depart- maximize job creation and align such section pursuant to this subsection.
ment of Transportation’s Office of Inspector with modern manufacturing techniques. ‘‘(2) SPECIFIC BUS COMPONENT NEGOTIATED
General Hotline to report suspicions of fraud, (d) RULE OF APPLICABILITY.— RULEMAKING.—
waste, and abuse. (1) IN GENERAL.—Except as otherwise provided ‘‘(A) INITIATION.—Not later than 120 days
‘‘(q) PASSENGER MOTOR VEHICLES.— in this subsection, the amendments made by this after the date of enactment of the INVEST in
‘‘(1) IN GENERAL.—Any domestically manufac- section shall apply to any contract entered into America Act, the Secretary shall initiate proce-
tured passenger motor vehicle shall be consid- on or after the date of enactment of this Act. dures under subchapter III of chapter 5 of title
ered to be produced in the United States under (2) DELAYED APPLICABILITY OF CERTAIN PROVI- 5 to negotiate and issue such regulations as are
this section. SIONS.—Contracts described in paragraph (1) necessary to establish as limited a list as is prac-
‘‘(2) DOMESTICALLY MANUFACTURED PAS- shall be subject to the following delayed appli- ticable of bus components and subcomponents
SENGER MOTOR VEHICLE.—In this subsection, the cability requirements: described in subparagraph (B).
term ‘domestically manufactured passenger (A) Section 5320(m)(2) shall apply to contracts ‘‘(B) LIST OF COMPONENTS.—The regulations
motor vehicle’ means any passenger motor vehi- entered into on or after the date that is 30 days required under subparagraph (A) shall establish
cle, as such term is defined in section 32304(a) after the date of enactment of this Act. a list of bus components and subcomponents
that— (B) Notwithstanding subparagraph (A), sec- that may be specified in a request for proposals
‘‘(A) has under section 32304(b)(1)(B) its final tion 5320(m) shall apply to contracts for the pro- described in paragraph (1) by a recipient. The
assembly place in the United States; and curement of bus rolling stock beginning on the Secretary shall ensure the list is limited in scope
‘‘(B) the percentage (by value) of passenger earlier of— and limited to only components and subcompo-
motor equipment under section 32304(b)(1)(A) (i) 180 days after the date on which final reg- nents that cannot be selected with performance
equals or exceeds 60 percent value added. ulations are issued pursuant to subsection (b); specifications to ensure interoperability.
‘‘(r) ROLLING STOCK COMPONENTS AND SUB- or ‘‘(C) PUBLICATION OF PROPOSED REGULA-
COMPONENTS.—No component or subcomponent (ii) the date that is 1 year after the date of en- TIONS.—Proposed regulations to implement this
of rolling stock shall be treated as produced in actment of this Act. section shall be published in the Federal Reg-
the United States for purposes of subsection (C) Notwithstanding subparagraph (A), sec- ister by the Secretary not later than 18 months
(b)(3) or determined to be of domestic origin tion 5320(m) shall apply to contracts for the pro- after such date of enactment.
under section 661.11 of title 49, Code of Federal curement of rail rolling stock beginning on the ‘‘(D) COMMITTEE.—A negotiated rulemaking
Regulations, if the material inputs of such com- earlier of— committee established pursuant to section 565 of
ponent or subcomponent were imported into the (i) 180 days after the date on which final reg- title 5 to carry out this paragraph shall have a
United States and the operations performed in ulations are issued pursuant to subsection (c); maximum of 11 members limited to representa-
the United States on the imported articles would or tives of the Department of Transportation,
not result in a change in the article’s classifica- (ii) the date that is 2 years after the date of urban and rural recipients (including State gov-
tion to chapter 86 or 87 of the Harmonized Tariff enactment of this Act. ernment recipients), and transit vehicle manu-
Schedule of the United States from another (D) Section 5320(p)(1) shall apply on the date facturers.
chapter or a new heading of any chapter from that is 1 year after the latest of the application ‘‘(E) EXTENSION OF DEADLINES.—A deadline
the heading under which the article was classi- dates described in subparagraphs (A) through set forth in subparagraph (C) may be extended
fied upon entry. (C). up to 180 days if the negotiated rulemaking com-
‘‘(s) TREATMENT OF STEEL AND IRON COMPO- (3) SPECIAL RULE FOR CERTAIN CONTRACTS.— mittee referred to in subparagraph (D) con-
NENTS AS PRODUCED IN THE UNITED STATES.— For any contract described in paragraph (1) for cludes that the committee cannot meet the dead-
Notwithstanding any other provision of any law which the delivery for the first production vehi- line and the Secretary so notifies the Committee
or any rule, regulation, or policy of the Federal cle occurs before October 1, 2024, paragraphs (1) on Transportation and Infrastructure of the
Transit Administration, steel and iron compo- and (4) of section 5320(d) shall not apply. House of Representatives and the Committee on
nents of a system, as defined in section 661.3 of (4) SPECIAL RULE FOR BATTERY CELL INCEN- Banking, Housing, and Urban Affairs of the
title 49, Code of Federal Regulations, and of TIVES.—For any contract described in para- Senate.
manufactured end products referred to in Ap- graph (1) for which the delivery for the first ‘‘(3) SAVINGS CLAUSE.—Nothing in this section
pendix A of such section, may not be considered production vehicle occurs before October 1, 2022, shall be construed to provide additional author-
to be produced in the United States unless such section 5320(d)(5) shall not apply. ity for the Secretary to restrict what a bus man-
components meet the requirements of section (e) SPECIAL RULE FOR DOMESTIC CONTENT.— ufacturer offers to sell to a public transportation
661.5(b) of title 49, Code of Federal Regulations. For the calculation of the percent of domestic agency.’’.
‘‘(t) REQUIREMENT FOR TRANSIT AGENCIES.— content calculated under section 5320(d)(2) for a SEC. 2303. BUS TESTING FACILITY.
Notwithstanding the provisions of this section, contract for rolling stock entered into on or Section 5318 of title 49, United States Code, is
if a transit agency accepts Federal funds, such after October 1, 2020— amended by adding at the end the following:
agency shall adhere to the Buy America provi- (1) if the delivery of the first production vehi- ‘‘(f) TESTING SCHEDULE.—The Secretary
sions set forth in this section when procuring cle occurs in fiscal year 2022 or fiscal year 2023, shall—
rolling stock.’’. for components that exceed 70 percent domestic ‘‘(1) determine eligibility of a bus manufactur-
(2) CLERICAL AMENDMENT.—The analysis for content, the Secretary shall add 20 additional er’s request for testing within 10 business days;
chapter 53 of title 49, United States Code, is percent to the component’s domestic content; ‘‘(2) make publicly available the current back-
amended by inserting before the item relating to and log (in months) to begin testing a new bus at the
section 5321 the following: (2) if the delivery of the first production vehi- bus testing facility; and
‘‘5320. Buy America.’’. cle occurs in fiscal year 2024 or fiscal year ‘‘(3) designate The Ohio State University as
(3) CONFORMING AMENDMENTS.— 2025— the autonomous and advanced driver-assistance
(A) TECHNICAL ASSISTANCE AND WORKFORCE (A) for components that exceed 70 percent but systems test development facility for all bus test-
DEVELOPMENT.—Section 5314(a)(2)(G) of title 49, do not exceed 75 percent domestic content, the ing with autonomous or advanced driver-assist-
United States Code, is amended by striking ‘‘sec- Secretary shall add 15 additional percent to the ance systems technology and The Ohio State
tions 5323(j) and 5323(m)’’ and inserting ‘‘sec- component’s domestic content; or University will also serve as the over-flow new
tion 5320’’. (B) for components that exceed 75 percent do- model bus testing facility to Altoona.’’.
(B) URBANIZED AREA FORMULA GRANTS.—Sec- mestic content, the Secretary shall add 20 addi- SEC. 2304. REPAYMENT REQUIREMENT.
tion 5307(c)(1)(E) of title 49, United States Code, tional percent to the component’s domestic con- (a) IN GENERAL.—A transit agency shall repay
tent.
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is amended by inserting ‘‘, 5320,’’ after ‘‘5323’’. into the general fund of the Treasury all funds
(C) INNOVATIVE PROCUREMENT.—Section SEC. 2302. BUS PROCUREMENT STREAMLINING. received from the Federal Transit Administra-
3019(c)(2)(E)(ii) of the FAST Act (49 U.S.C. 5325 Section 5323 of title 49, United States Code, as tion under the heading ‘‘Federal Transit Ad-
note) is amended by striking ‘‘5323(j)’’ and in- is amended by adding at the end the following: ministration, Transit Infrastructure Grants’’
serting ‘‘5320’’. ‘‘(x) BUS PROCUREMENT STREAMLINING.— under the CARES Act (Public Law 116–136) if
(b) BUS ROLLING STOCK.—Not later than 18 ‘‘(1) IN GENERAL.—The Secretary may only ob- any portion of the funding was used to award
months after the date of enactment of this Act, ligate amounts for acquisition of buses under a contract or subcontract to an entity for the
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H2752 CONGRESSIONAL RECORD — HOUSE June 30, 2020
procurement of rolling stock for use in public ‘‘(4) POPULATION CALCULATION.—An area (C) in subparagraph (B) by inserting ‘‘and the
transportation if the manufacturer of the rolling treated as an urbanized area under this sub- District of Columbia’’ after ‘‘United States’’;
stock— section shall be assigned the population and and
(1) is incorporated in or has manufacturing square miles of the urbanized area designated (D) in subparagraph (C) by striking ‘‘the Dis-
facilities in the United States; and by the Secretary of Commerce in the most recent trict of Columbia,’’;
(2) is owned or controlled by, is a subsidiary decennial census conducted before the major (2) in paragraph (2)(A) by striking ‘‘low or no
of, or is otherwise related legally or financially disaster described in paragraph (2)(A). emission vehicles’’ and inserting ‘‘zero emission
to a corporation based in a country that— ‘‘(5) SAVINGS PROVISION.—Nothing in this sub- vehicles’’;
(A) is identified as a nonmarket economy section may be construed to affect apportion- (3) in paragraph (4)—
country (as defined in section 771(18) of the Tar- ments made under this chapter before the date (A) in subparagraph (A) by inserting ‘‘and
iff Act of 1930 (19 U.S.C. 1677(18))) as of the date of enactment of this subsection.’’. subsection (d)’’ after ‘‘this subsection’’; and
of enactment of this subsection; (b) AMENDMENT TAKES EFFECT ON ENACT- (B) in subparagraph (B) by inserting ‘‘and
(B) was identified by the United States Trade MENT.—Notwithstanding section 1001, the subsection (d)’’ after ‘‘this subsection’’;
Representative in the most recent report re- amendment made by subsection (a) shall take ef- (4) in paragraph (5)(A)—
fect on the date of enactment of this Act. (A) by striking ‘‘$90,500,000’’ and inserting
quired by section 182 of the Trade Act of 1974 (19
‘‘$156,750,000’’;
U.S.C. 2242) as a priority foreign country under SEC. 2306. SPECIAL RULE FOR CERTAIN ROLLING
STOCK PROCUREMENTS.
(B) by striking ‘‘2016 through 2020’’ and in-
subsection (a)(2) of that section; and
Section 5323(u)(5)(A) of title 49, United States serting ‘‘2022 through 2025’’;
(C) is subject to monitoring by the Trade Rep- (C) by striking ‘‘$1,750,000’’ and inserting
resentative under section 306 of the Trade Act of Code, (as redesignated by this Act) is amended
‘‘$3,000,000’’; and
1974 (19 U.S.C. 2416). by striking ‘‘made by a public transportation (D) by striking ‘‘$500,000’’ and inserting
(b) CERTIFICATION.—Not later than 60 days agency with a rail rolling stock manufacturer ‘‘$750,000’’;
after the date of enactment of this section, a described in paragraph (1)’’ and inserting ‘‘as of (5) in paragraph (7) by adding at the end the
transit agency that received funds pursuant to December 20, 2019, including options and other following:
the CARES Act (Public Law 116–136) shall cer- requirements tied to these contracts or sub- ‘‘(C) SPECIAL RULE FOR BUSES AND RELATED
tify that the agency has not and shall not use contracts, made by a public transportation EQUIPMENT FOR ZERO EMISSION VEHICLES.—Not-
such funds to purchase rolling stock described agency with a restricted rail rolling stock manu- withstanding subparagraph (A), a grant for a
in subsection (a). Repayment shall also be re- facturer’’. capital project for buses and related equipment
quired for any such agency that fails to certify SEC. 2307. CERTIFICATION REQUIREMENTS. for zero emission vehicles under this subsection
in accordance with the preceding sentence. (a) LIMITATION OF TREATMENT OF DOMESTIC shall be for 90 percent of the net capital costs of
SEC. 2305. DEFINITION OF URBANIZED AREAS OR U.S. ORIGIN.—Notwithstanding any other the project. A recipient of a grant under this
FOLLOWING A MAJOR DISASTER. provision of any law or any rule, regulation, or subsection may provide additional local match-
(a) IN GENERAL.—Section 5323 of title 49, policy of the Administration, including part 661 ing amounts.’’;
United States Code, is amended by adding at the of title 49, Code of Federal Regulations, no arti- (6) in paragraph (8) by striking ‘‘3 fiscal
end the following: cle, material, or supply, shall be treated as a years’’ and inserting ‘‘4 fiscal years’’ and by
‘‘(y) URBANIZED AREAS FOLLOWING A MAJOR component of ‘‘U.S. origin’’ for purposes of sec- striking ‘‘3-fiscal-year period’’ and inserting ‘‘4-
DISASTER.— tion 661.5 of title 49, Code of Federal Regula- fiscal-year period’’; and
‘‘(1) DEFINED TERM.—In this subsection, the tions, or a component or subcomponent of do- (7) by striking paragraph (9).
term ‘decennial census date’ has the meaning mestic origin for purposes of section 661.11 of SEC. 2402. BUS FACILITIES AND FLEET EXPAN-
given the term in section 141(a) of title 13. title 49, Code of Federal Regulations, if— SION COMPETITIVE GRANTS.
‘‘(2) URBANIZED AREA MAJOR DISASTER POPU- (1) it contains any material inputs manufac- Section 5339(b) of title 49, United States Code,
LATION CRITERIA.—Notwithstanding section tured or supplied by entities that— is amended—
5302, for purposes of this chapter, the Secretary (A) are subject to relief authorized under the (1) in the heading by striking ‘‘BUSES AND BUS
shall treat an area as an urbanized area for the fair trade laws of the United States, including FACILITIES COMPETITIVE GRANTS’’ and inserting
period described in paragraph (3) if— subtitle B of title VII of the Tariff Act of 1930 ‘‘BUS FACILITIES AND FLEET EXPANSION COM-
‘‘(A) a major disaster was declared by the (19 U.S.C. 1673 et seq.) and subtitle A of title VII PETITIVE GRANTS’’;
President under section 401 of the Robert T. of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.); (2) in paragraph (1)—
Stafford Disaster Relief and Emergency Assist- (B) are owned or controlled by entities subject (A) by striking ‘‘buses and’’;
ance Act (42 U.S.C. 5170) for the area during the to United States sanctions; or (B) by inserting ‘‘and certain buses’’ after
3-year period preceding the decennial census (C) are entities owned by a foreign govern- ‘‘capital projects’’;
date for the 2010 decennial census or for any ment, closely linked to or in partnership with a (C) in subparagraph (A) by striking ‘‘buses or
subsequent decennial census; foreign government or whose directors or organi- related equipment’’ and inserting ‘‘bus-related
‘‘(B) the area was defined and designated as zational and board leadership include any per- facilities’’; and
an ‘urbanized area’ by the Secretary of Com- son serving in any capacity in the defense appa- (D) by striking subparagraph (B) and insert-
merce in the decennial census immediately pre- ratus of another nation; ing the following:
ceding the major disaster described in subpara- (2) it contains or uses covered telecommuni- ‘‘(B) purchasing or leasing buses that will not
graph (A); and cations equipment or services as that term is de- replace buses in the applicant’s fleet at the time
‘‘(C) the population of the area fell below fined by section 889 of the John S. McCain Na- of application and will be used to—
tional Defense Authorization Act for Fiscal ‘‘(i) increase the frequency of bus service; or
50,000 as a result of the major disaster described
Year 2019 (Public Law 115–232); or ‘‘(ii) increase the service area of the appli-
in subparagraph (A).
(3) it is of a class or category of products and cant.’’;
‘‘(3) COVERED PERIOD.—The Secretary shall
was produced by a manufacturer or an affiliate (3) by striking paragraph (2) and inserting the
treat an area as an urbanized area under para-
of such a manufacturer found to have violated following:
graph (2) during the period— ‘‘(2) GRANT CONSIDERATIONS.—In making
‘‘(A) beginning on— United States intellectual property laws, includ-
ing trade secret theft under section 1832(a)(5) of grants—
‘‘(i) in the case of a major disaster described ‘‘(A) under subparagraph (1)(A), the Sec-
in paragraph (2)(A) that occurred during the 3- title 18, United States Code, found to have com-
mitted economic espionage under section retary shall only consider—
year period preceding the decennial census date ‘‘(i) the age and condition of bus-related fa-
for the 2010 decennial census, October 1 of the 183J(a)(5) of such title, or deemed to have in-
cilities of the applicant compared to all appli-
first fiscal year that begins after the date of en- fringed the intellectual property rights of any
cants and proposed improvements to the resil-
actment of this subsection; or person in the United States.
(b) CERTIFICATION.—If buses or other rolling ience (as such term is defined in section 5302) of
‘‘(ii) in the case of any other major disaster such facilities;
described in paragraph (2)(A), October 1 of the stock are being procured, the Administrator of
‘‘(ii) for a facility within or partially within
first fiscal year— the Federal Transit Administration shall require
the 100-year floodplain, whether such facility
‘‘(I) that begins after the decennial census as a condition of responsiveness that each bid-
will be at least 2 feet above the base flood ele-
date for the first decennial census conducted der certify that no component, subcomponent,
vation; and
after the major disaster; and article, material, or supply described in sub-
‘‘(iii) for a bus station, the degree of multi-
‘‘(II) for which the Secretary has sufficient paragraphs (A) through (C) of subsection (a)(1)
modal connections at such station; and
data from that census to determine that the area of this section is incorporated in or used by the ‘‘(B) under paragraph (1)(B), the Secretary
qualifies for treatment as an urbanized area rolling stock that is offered by the bidder. shall consider the improvements to headway
under paragraph (2); and Subtitle D—Bus Grant Reforms and projected new ridership.’’; and
‘‘(B) ending on the day before the first fiscal SEC. 2401. FORMULA GRANTS FOR BUSES. (4) in paragraph (6) by striking subparagraph
year— Section 5339(a) of title 49, United States Code, (B) and inserting the following:
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‘‘(i) that begins after the decennial census is amended— ‘‘(B) GOVERNMENT SHARE OF COSTS.—
date for the second decennial census conducted (1) in paragraph (1)— ‘‘(i) IN GENERAL.—The Government share of
after the major disaster described in paragraph (A) by inserting ‘‘and subsection (d)’’ after the cost of an eligible project carried out under
(2)(A); and ‘‘In this subsection’’; this subsection shall not exceed 80 percent.
‘‘(ii) for which the Secretary has sufficient (B) in subparagraph (A) by striking ‘‘term ‘‘(ii) SPECIAL RULE FOR BUSES AND RELATED
data from that census to determine which areas ‘low or no emission vehicle’ has’’ and inserting EQUIPMENT FOR ZERO EMISSION VEHICLES.—Not-
are urbanized areas for purposes of this chapter. ‘‘term ‘zero emission vehicle’ has’’; withstanding clause (i), the Government share
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2753
of the cost of an eligible project for the financ- ‘‘(ii) establishes a goal that within 10 years ‘‘(6) PROHIBITION.—No eligible recipient or
ing of buses and related equipment for zero from the date of approval of such plan the re- subrecipient outside the top 5 percent of asset
emission vehicles shall not exceed 90 percent.’’. cipient will convert a set percentage of the total vehicle miles for buses beyond the useful life
SEC. 2403. ZERO EMISSION BUS GRANTS. bus fleet of such recipient to zero emission benchmark established by the Federal Transit
(a) IN GENERAL.—Section 5339(c) of title 49, buses; and Administration may receive a grant in both fis-
United States Code, is amended— ‘‘(C) for which the recipient has performed a cal year 2022 and fiscal year 2023.
(1) in the heading by striking ‘‘LOW OR NO fleet transition study that includes optimal ‘‘(7) REQUIREMENT.—The Secretary shall re-
EMISSION GRANTS’’ and inserting ‘‘ZERO EMIS- route planning and an analysis of how utility quire—
SION GRANTS’’; rates may impact the recipient’s operations and ‘‘(A) States to expend, to the benefit of the
(2) in paragraph (1)— maintenance budget. subrecipients eligible under paragraph (2), the
(A) in subparagraph (B)— ‘‘(7) LOW AND MODERATE COMMUNITY apportioned funds attributed to such subrecipi-
GRANTS.—Not less than 10 percent of the ents; and
(i) in clause (i) by striking ‘‘low or no emis-
sion’’ and inserting ‘‘zero emission’’; amounts made available under this subsection ‘‘(B) designated recipients to provide the allo-
(ii) in clause (ii) by striking ‘‘low or no emis- in a fiscal year shall be distributed to projects cated funds to the recipients eligible under
sion’’ and inserting ‘‘zero emission’’; serving predominantly low-income commu- paragraph (2) the apportioned funds attributed
nities.’’. to such recipients.’’.
(iii) in clause (iii) by striking ‘‘low or no emis-
(b) METROPOLITAN TRANSPORTATION PLAN- Subtitle E—Supporting All Riders
sion’’ and inserting ‘‘zero emission’’;
NING.—Section 5303(b) of title 49, United States
(iv) in clause (iv) by striking ‘‘facilities and SEC. 2501. LOW-INCOME URBAN FORMULA FUNDS.
Code, is amended by adding at the end the fol-
related equipment for low or no emission’’ and Section 5336(j) of title 49, United States Code,
lowing:
inserting ‘‘related equipment for zero emission’’; ‘‘(9) MAINTENANCE AREA.—The term ‘mainte- is amended
(v) in clause (v) by striking ‘‘facilities and re- (1) in paragraph (1) by striking ‘‘75 percent’’
nance area’ has the meaning given the term in
lated equipment for low or no emission vehi- and inserting ‘‘50 percent’’;
sections 171(2) and 175A of the Clean Air Act (42
cles;’’ and inserting ‘‘related equipment for zero (2) in paragraph (2) by striking ‘‘25 percent’’
U.S.C. 7501(2); 7505a).’’.
emission vehicles; or’’; and inserting ‘‘12.5 percent’’; and
SEC. 2404. RESTORATION TO STATE OF GOOD RE-
(vi) in clause (vii) by striking ‘‘low or no emis- (3) by adding at the end the following:
PAIR FORMULA SUBGRANT.
sion’’ and inserting ‘‘zero emission’’; ‘‘(3) 30 percent of the funds shall be appor-
Section 5339 of title 49, United States Code, is tioned among designated recipients for urban-
(vii) by striking clause (vi); and amended by adding at the end the following:
(viii) by redesignating clause (vii) as clause ized areas with a population of 200,000 or more
‘‘(d) RESTORATION TO STATE OF GOOD REPAIR
(vi); in the ratio that—
FORMULA SUBGRANT.—
(B) by striking subparagraph (D) and insert- ‘‘(A) the number of individuals in each such
‘‘(1) GENERAL AUTHORITY.—The Secretary may
ing the following: urbanized area residing in an urban census
make grants under this subsection to assist eligi-
‘‘(D) the term ‘zero emission bus’ means a bus tract with a poverty rate of at least 20 percent
ble recipients and subrecipients described in
that is a zero emission vehicle;’’; during the 5 years most recently ending; bears
paragraph (2) in financing capital projects to
(C) by striking subparagraph (E) and insert- to
replace, rehabilitate, and purchase buses and
ing the following: ‘‘(B) the number of individuals in all such ur-
related equipment.
‘‘(E) the term ‘zero emission vehicle’ means a ‘‘(2) ELIGIBLE RECIPIENTS AND SUBRECIPI- banized areas residing in an urban census tract
vehicle used to provide public transportation ENTS.—Not later than September 1 annually, the
with a poverty rate of at least 20 percent during
that produces no carbon dioxide or particulate Secretary shall make public a list of eligible re- the 5 years most recently ending; and
matter;’’; ‘‘(4) 7.5 percent of the funds shall be appor-
cipients and subrecipients based on the most re-
(D) in subparagraph (F) by striking ‘‘and’’ at tioned among designated recipients for urban-
cent data available in the National Transit
the end; ized areas with a population less than 200,000 in
Database to calculate the 20 percent of eligible
(E) by striking subparagraph (G) and insert- the ratio that—
recipients and subrecipients with the highest
ing the following: ‘‘(A) the number of individuals in each such
percentage of asset vehicle miles for buses be-
‘‘(G) the term ‘eligible area’ means an area urbanized area residing in an urban census
yond the useful life benchmark established by
that is— tract with a poverty rate of at least 20 percent
the Federal Transit Administration.
‘‘(i) designated as a nonattainment area for ‘‘(3) URBAN APPORTIONMENTS.—Funds allo- during the 5 years most recently ending; bears
ozone or particulate matter under section 107(d) cated under section 5338(a)(2)(L)(ii) shall be— to
‘‘(A) distributed to— ‘‘(B) the number of individuals in all such
of the Clean Air Act (42 U.S.C. 7407(d));
‘‘(i) designated recipients in an urbanized areas residing in an urban census tract with a
‘‘(ii) a maintenance area, as such term is de-
area with a population of more than 200,000 poverty rate of at least 20 percent during the 5
fined in section 5303, for ozone or particulate
made eligible by paragraph (1); and years most recently ending.’’.
matter; or
‘‘(ii) States based on subrecipients made eligi- SEC. 2502. RURAL PERSISTENT POVERTY FOR-
‘‘(iii) in a State that has enacted a statewide
ble by paragraph (1) in an urbanized area under MULA.
zero emission bus transition requirement, as de-
200,000; and Section 5311 of title 49, United States Code, as
termined by the Secretary; and’’; and
‘‘(B) allocated pursuant to the formula set amended in section 2204, is further amended—
(F) by adding at the end the following:
forth in section 5336 other than subsection (b), (1) in subsection (a) by adding at the end the
‘‘(H) the term ‘low-income community’ means
using the data from the 20 percent of eligible re- following:
any population census tract if—
cipients and subrecipients. ‘‘(3) PERSISTENT POVERTY COUNTY.—The term
‘‘(i) the poverty rate for such tract is at least
‘‘(4) RURAL ALLOCATION.—The Secretary ‘persistent poverty county’ means any county
20 percent; or
shall— with a poverty rate of at least 20 percent—
‘‘(ii) in the case of a tract— ‘‘(A) as determined in each of the 1990 and
‘‘(A) calculate the percentage of funds under
‘‘(I) not located within a metropolitan area, 2000 decennial censuses;
section 5338(a)(2)(L)(ii) to allocate to rural sub-
the median family income for such tract does ‘‘(B) in the Small Area Income and Poverty
recipients by dividing—
not exceed 80 percent of statewide median fam- ‘‘(i) the asset vehicle miles for buses beyond Estimates of the Bureau of the Census for the
ily income; or the useful life benchmark (established by the most recent year for which the estimates are
‘‘(II) located within a metropolitan area, the Federal Transit Administration) of the rural available; and
median family income for such tract does not ex- subrecipients described in paragraph (2); by ‘‘(C) has at least 25 percent of its population
ceed 80 percent of the greater statewide median ‘‘(ii) the total asset vehicle miles for buses be- in rural areas.’’;
family income or the metropolitan area median yond such benchmark of all eligible recipients (2) in subsection (b)(2)(C)(i) by inserting ‘‘and
family income.’’; and and subrecipients described in paragraph (2); persistent poverty counties’’ before the semi-
(3) by striking paragraph (5) and inserting the and colon; and
following: ‘‘(B) prior to the allocation described in para- (3) in subsection (c) by striking paragraph (2)
‘‘(5) GRANT ELIGIBILITY.—In awarding grants graph (3)(B), apportion to each State the and inserting the following:
under this subsection, the Secretary shall make amount of the total rural allocation calculated ‘‘(2) PERSISTENT POVERTY PUBLIC TRANSPOR-
grants to eligible projects relating to the acquisi- under subparagraph (A) attributable to such TATION ASSISTANCE PROGRAM.—
tion or leasing of zero emission buses or bus fa- State based the proportion that— ‘‘(A) IN GENERAL.—The Secretary shall carry
cility improvements— ‘‘(i) the asset vehicle miles for buses beyond out a public transportation assistance program
‘‘(A) that procure— the useful life benchmark (established by the for areas of persistent poverty.
‘‘(i) at least 10 zero emission buses; Federal Transit Administration) for rural sub- ‘‘(B) APPORTIONMENT.—Of amounts made
‘‘(ii) if the recipient operates less than 50 recipients described in paragraph (2) in such available or appropriated for each fiscal year
buses in peak service, at least 5 zero emission State; bears to under section 5338(a)(2)(E)(ii) to carry out this
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buses; or ‘‘(ii) the total asset vehicle miles described in paragraph, the Secretary shall apportion funds
‘‘(iii) hydrogen buses; subparagraph (A)(i). to recipients for service in, or directly benefit-
‘‘(B) for which the recipient’s board of direc- ‘‘(5) APPLICATION OF OTHER PROVISIONS.— ting, persistent poverty counties for any eligible
tors has approved a long-term integrated fleet Paragraphs (3), (7), and (8) of subsection (a) purpose under this section in the ratio that—
management plan that— shall apply to eligible recipients and subrecipi- ‘‘(i) the number of individuals in each such
‘‘(i) establishes a goal by a set date to convert ents described in paragraph (2) of a grant under rural area residing in a persistent poverty coun-
the entire bus fleet to zero emission buses; or this subsection. ty; bears to
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H2754 CONGRESSIONAL RECORD — HOUSE June 30, 2020
‘‘(ii) the number of individuals in all such ‘‘(ii) whose family income is at or below a set culture and safety systems in the industry and
rural areas residing in a persistent poverty percent (as determined by the eligible recipient) in individual public transportation systems; and
county.’’. of the poverty line (as that term is defined in ‘‘(bb) training to address transit frontline
SEC. 2503. DEMONSTRATION GRANTS TO SUP- section 673(2) of the Community Service Block worker roles in promoting health and safety for
PORT REDUCED FARE TRANSIT. Grant Act (42 U.S.C. 9902(2)), including any re- transit workers and the riding public;
Section 5312 of title 49, United States Code, is vision required by that section) for a family of ‘‘(VII) developing local transit capacity for
amended by adding at the end the following: the size involved. career pathways programs with schools and
‘‘(j) DEMONSTRATION GRANTS TO SUPPORT RE- ‘‘(8) REPORT.—The Secretary shall designate a other community organizations for recruiting
DUCED FARE TRANSIT.— university transportation center under section and training under-represented populations as
‘‘(1) IN GENERAL.—Not later than 300 days 5505 to collaborate with the eligible entities re- successful transit employees who can develop
after the date of enactment of the INVEST in ceiving a grant under this subsection to collect careers in the transit industry; and
America Act, the Secretary shall award grants necessary data to evaluate the effectiveness of ‘‘(VIII) in collaboration with the Adminis-
(which shall be known as ‘Access to Jobs meeting the targets described in the application trator of the Federal Transit Administration,
Grants’) to eligible entities, on a competitive of such recipient, including increased ridership the Bureau of Labor Statistics, the Employment
basis, to implement reduced fare transit service. and progress towards significantly closing tran- and Training Administration, and organizations
‘‘(2) NOTICE.—Not later than 180 days after sit equity gaps.’’. representing public transit agencies, conducting
the date of enactment of the INVEST in America Subtitle F—Supporting Frontline Workers and disseminating research to—
Act, the Secretary shall provide notice to eligible and Passenger Safety ‘‘(aa) provide transit workforce job projections
entities of the availability of grants under para- and identify training needs and gaps;
SEC. 2601. NATIONAL TRANSIT FRONTLINE WORK-
graph (1). ‘‘(bb) determine the most cost-effective meth-
FORCE TRAINING CENTER.
‘‘(3) APPLICATION.—To be eligible to receive a ods for transit workforce training and develop-
grant under this subsection, an eligible recipient Section 5314(b) of title 49, United States Code,
is amended— ment, including return on investment analysis;
shall submit to the Secretary an application ‘‘(cc) identify the most effective methods for
(1) by striking paragraph (2) and inserting the
containing such information as the Secretary implementing successful safety systems and a
following:
may require, including, at a minimum, the fol- positive safety culture; and
‘‘(2) NATIONAL TRANSIT FRONTLINE WORK-
lowing: ‘‘(dd) promote transit workforce best practices
FORCE TRAINING CENTER.—
‘‘(A) A description of how the eligible entity for achieving cost-effective, quality, safe, and
‘‘(A) ESTABLISHMENT.—The Secretary shall es-
plans to implement reduced fare transit access reliable public transportation services.
tablish a national transit frontline workforce
with respect to low-income individuals, includ- ‘‘(C) COORDINATION.—The Secretary shall co-
training center (hereinafter referred to as the
ing any eligibility requirements for such transit ordinate activities under this section, to the
‘Center’) and award grants to a nonprofit orga-
access. maximum extent practicable, with the Employ-
nization with a demonstrated capacity to de-
‘‘(B) A description of how the eligible entity ment and Training Administration, including
velop and provide transit career pathway pro-
will consult with local community stakeholders, the National Office of Apprenticeship of the De-
grams through labor-management partnerships
labor unions, local education agencies and insti- partment of Labor and the Office of Career,
and registered apprenticeships on a nationwide
tutions of higher education, public housing Technical, and Adult Education of the Depart-
basis, in order to carry out the duties under sub-
agencies, and workforce development boards in ment of Education.
paragraph (B). The Center shall be dedicated to
the implementation of reduced fares. ‘‘(D) AVAILABILITY OF AMOUNTS.—
‘‘(C) A description of the eligible entity’s cur- the needs of the frontline transit workforce in
both rural and urban transit systems by pro- ‘‘(i) IN GENERAL.—Not more than 1 percent of
rent fare evasion enforcement policies, including amounts made available to a recipient under
how the eligible entity plans to use the reduced viding standards-based training in the mainte-
nance and operations occupations. sections 5307, 5311, 5337, and 5339 is available
fare program to reduce fare evasion. for expenditures by the recipient, with the ap-
‘‘(D) An estimate of additional costs to such ‘‘(B) DUTIES.—
‘‘(i) IN GENERAL.—In cooperation with the Ad- proval of the Secretary, to pay not more than 80
eligible entity as a result of reduced transit percent of the cost of eligible activities under
ministrator of the Federal Transit Administra-
fares. this subsection.
‘‘(4) GRANT DURATION.—Grants awarded tion, public transportation authorities, and na-
tional entities, the Center shall develop and ‘‘(ii) EXISTING PROGRAMS.—A recipient may
under this subsection shall be for a 2-year pe- use amounts made available under clause (i) to
riod. conduct training and educational programs for
frontline local transportation employees of re- carry out existing local education and training
‘‘(5) SELECTION OF ELIGIBLE RECIPIENTS.—In programs for public transportation employees
carrying out the program under this subsection, cipients eligible for funds under this chapter.
‘‘(ii) TRAINING AND EDUCATIONAL PROGRAMS.— supported by the Secretary, the Department of
the Secretary shall award not more than 20 per- Labor, or the Department of Education.
cent of grants to eligible entities located in rural The training and educational programs devel-
oped under clause (i) may include courses in re- ‘‘(iii) LIMITATION.—Any funds made available
areas. under this section that are used to fund an ap-
‘‘(6) USES OF FUNDS.—An eligible entity receiv- cent developments, techniques, and procedures
related to— prenticeship or apprenticeship program shall
ing a grant under this subsection shall use such
‘‘(I) developing consensus national training only be used for, or provided to, a registered ap-
grant to implement a reduced fare transit pro-
standards, skills, competencies, and recognized prenticeship program, including any funds
gram and offset lost fare revenue.
postsecondary credentials in partnership with awarded for the purposes of grants, contracts,
‘‘(7) DEFINITIONS.—In this subsection:
‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible en- industry stakeholders for key frontline transit or cooperative agreements, or the development,
tity’ means a State, local, or Tribal govern- occupations with demonstrated skill gaps; implementation, or administration, of an ap-
mental entity that operates a public transpor- ‘‘(II) developing recommendations and best prenticeship or an apprenticeship program.
tation service and is a recipient or subrecipient practices for curriculum and recognized postsec- ‘‘(E) DEFINITIONS.—In this paragraph:
ondary credentials, including related instruc- ‘‘(i) CAREER PATHWAY.—The term ‘career
of funds under this chapter.
‘‘(B) LOW-INCOME INDIVIDUAL.—The term tion and on-the-job learning for registered ap- pathway’ has the meaning given such term in
‘low-income individual’ means an individual— prenticeship programs for transit maintenance section 3 of the Workforce Innovation and Op-
‘‘(i) that has qualified for— and operations occupations; portunity Act (29 U.S.C. 3102).
‘‘(I) any program of medical assistance under ‘‘(III) building local, regional, and statewide ‘‘(ii) RECOGNIZED POSTSECONDARY CREDEN-
a State plan or under a waiver of the plan transit training partnerships to identify and ad- TIAL.—The term ‘recognized postsecondary cre-
under title XIX of the Social Security Act (42 dress workforce skill gaps and develop skills, dential’ has the meaning given such term in sec-
U.S.C. 1396 et seq.); competencies, and recognized postsecondary cre- tion 3 of the Workforce Innovation and Oppor-
‘‘(II) supplemental nutrition assistance pro- dentials needed for delivering quality transit tunity Act (29 U.S.C. 3102).
gram (SNAP) under the Food and Nutrition Act service and supporting employee career ad- ‘‘(iii) REGISTERED APPRENTICESHIP PRO-
of 2008 (7 U.S.C. 2011 et seq.); vancement; GRAM.—The term ‘registered apprenticeship pro-
‘‘(III) the program of block grants for States ‘‘(IV) developing programs for training of gram’ means an apprenticeship program reg-
for temporary assistance for needy families transit frontline workers, instructors, mentors, istered with the Department of Labor or a Fed-
(TANF) established under part A of title IV of and labor-management partnership representa- erally-recognized State Apprenticeship Agency
the Social Security Act (42 U.S.C. 601 et seq.); tives, in the form of classroom, hands-on, on- and that complies with the requirements under
‘‘(IV) the free and reduced price school lunch the-job, and web-based training, delivered at a parts 29 and 30 of title 29, Code of Federal Regu-
program established under the Richard B. Rus- national center, regionally, or at individual lations, as in effect on January 1, 2019.’’;
sell National School Lunch Act (42 U.S.C. 1751 transit agencies; (2) in paragraph (3) by striking ‘‘or (2)’’; and
et seq.); ‘‘(V) developing training programs for skills (3) by striking paragraph (4).
‘‘(V) a housing voucher through section 8(o) and competencies related to existing and emerg- SEC. 2602. PUBLIC TRANSPORTATION SAFETY
of the United States Housing Act of 1937 (42 ing transit technologies, including zero emission PROGRAM.
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U.S.C. 1437f(o)); buses; Section 5329 of title 49, United States Code, is
‘‘(VI) benefits under the Low-Income Home ‘‘(VI) developing improved capacity for safety, amended—
Energy Assistance Act of 1981; or security, and emergency preparedness in local (1) in subsection (b)(2)(C)(ii)—
‘‘(VII) special supplemental food program for transit systems and in the industry as a whole (A) in subclause (I) by striking ‘‘and’’ at the
women, infants and children (WIC) under sec- through— end;
tion 17 of the Child Nutrition Act of 1966 (42 ‘‘(aa) developing the role of the transit front- (B) in subclause (II) by striking the semicolon
U.S.C. 1786); or line workforce in building and sustaining safety and inserting ‘‘; and’’; and
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2755
(C) by adding at the end the following: certifies to the Secretary that the service meets standards published on June 15, 2018, by the So-
‘‘(III) innovations in driver assistance tech- the criteria under section 5307, 5310, 5311, 5312, ciety of Automotive Engineers International
nologies and driver protection infrastructure or 5316 of title 49, United States Code; and (J3016l201806) or equivalent standards adopted
where appropriate, and a reduction in visibility (B) the Secretary receives, approves, and pub- by the Secretary with respect to automated
impairments that contribute to pedestrian fatali- lishes the workforce development plan under motor vehicles.
ties;’’; subsection (b) submitted by the eligible entity (2) MOBILITY ON DEMAND.—The term ‘‘mobil-
(2) in subsection (d)— when required by subsection (b)(1). ity on demand’’ has the meaning given such
(A) in paragraph (1)— (b) WORKFORCE DEVELOPMENT PLAN.— term in section 5316 of title 49, United States
(i) in subparagraph (A) by inserting ‘‘the safe- (1) IN GENERAL.—A recipient of financial as- Code.
ty committee established under paragraph (4), sistance under chapter 53 of title 49, United (3) PUBLIC TRANSPORTATION.—The term ‘‘pub-
and subsequently,’’ before ‘‘the board of direc- States Code, proposing to deploy an automated lic transportation’’ has the meaning given such
tors’’; vehicle providing public transportation or mobil- term in section 5302 of title 49, United States
(ii) in subparagraph (C) by striking ‘‘public, ity on demand service shall submit to the Sec- Code.
personnel, and property’’ and inserting ‘‘public retary, prior to implementation of such service, (e) SAVINGS CLAUSE.—Nothing in this section
and personnel to injuries, assaults, and fatali- a workforce development plan if such service, shall prohibit the use of funds for an eligible ac-
ties, and strategies to minimize the exposure of combined with any other automated vehicle pro- tivity or pilot project of a covered recipient au-
property’’; viding public transportation or mobility on de- thorized under current law prior to the date of
(iii) by striking subparagraph (G) and insert- mand service offered by such recipient, would enactment of this Act.
ing the following: exceed by more than 0.5 percent of the recipi- SEC. 2604. SAFETY PERFORMANCE MEASURES
‘‘(G) a comprehensive staff training program ent’s total transit passenger miles traveled. AND SET ASIDES.
for the operations and maintenance personnel (2) CONTENTS.—The workforce development Section 5329(d)(2) of title 49, United States
and personnel directly responsible for safety of plan under subsection (a) shall include the fol- Code, is amended to read as follows:
the recipient that includes— lowing: ‘‘(2) SAFETY COMMITTEE PERFORMANCE MEAS-
‘‘(i) the completion of a safety training pro- (A) A description of services offered by exist- URES.—
gram; ing conventional modes of public transportation ‘‘(A) IN GENERAL.—The safety committee de-
‘‘(ii) continuing safety education and train- in the area served by the recipient that could be scribed in paragraph (4) shall establish perform-
ing; and affected by the proposed automated vehicle pro- ance measures for the risk reduction program in
‘‘(iii) de-escalation training; viding public transportation or mobility on de- paragraph (1)(I) using a 3-year rolling average
‘‘(H) a requirement that the safety committee mand service, including jobs and functions of of the data submitted by the recipient to the Na-
only approve a safety plan under subparagraph such jobs. tional Transit Database.
(A) if such plan stays within such recipient’s (B) A forecast of the number of jobs provided ‘‘(B) SAFETY SET ASIDE.—With respect to a re-
fiscal budget; and by existing conventional modes of public trans- cipient serving an urbanized area that receives
‘‘(I) a risk reduction program for transit oper- portation that would be eliminated or that funds under section 5307, such recipient shall
ations to improve safety by reducing the number would be substantially changed and the number allocate not less than 0.75 percent of such funds
and rates of accidents, injuries, and assaults on of jobs expected to be created by the proposed to projects eligible under 5307.
transit workers using data submitted to the Na- automated vehicle providing public transpor- ‘‘(C) FAILURE TO MEET PERFORMANCE MEAS-
tional Transit Database, including— tation or mobility on demand service over a 5- URES.—Any recipient that receives funds under
‘‘(i) a reduction of vehicular and pedestrian year period from the date of the publication of section 5307 that does not meet the performance
accidents involving buses that includes meas- the workforce development plan. measures established in subparagraph (A) shall
ures to reduce visibility impairments for bus op- (C) Identified gaps in skills needed to operate allocate the amount made available in subpara-
erators that contribute to accidents, including and maintain the proposed automated vehicle graph (B) in the following fiscal year to projects
retrofits to buses in revenue service and speci- providing public transportation or mobility on described in subparagraph (D).
fications for future procurements that reduce demand service. ‘‘(D) ELIGIBLE PROJECTS.—Funds set aside
visibility impairments; and (D) A comprehensive plan to transition, train, under this paragraph shall be used for projects
‘‘(ii) transit worker assault mitigation, includ- or retrain employees that could be affected by that are reasonably likely to meet the perform-
ing the deployment of assault mitigation infra- the proposed automated vehicle providing public ance measures established in subparagraph (A),
structure and technology on buses, including transportation or mobility on demand service. including modifications to rolling stock and de-
barriers to restrict the unwanted entry of indi- (E) An estimated budget to transition, train, escalation training.’’.
viduals and objects into bus operators’ or retrain employees impacted by the proposed SEC. 2605. U.S. EMPLOYMENT PLAN.
workstations when a recipient’s risk analysis automated vehicle providing public transpor- (a) IN GENERAL.—Chapter 53 of title 49,
performed by the safety committee established in tation or mobility on demand service over a 5- United States Code, is amended by adding at the
paragraph (4) determines that such barriers or year period from the date of the publication of end the following:
other measures would reduce assaults on and the workforce development plan. ‘‘§ 5341. U.S. Employment Plan
injuries to transit workers; and’’; and (c) NOTICE REQUIRED.— ‘‘(a) DEFINITIONS.—In this section:
(B) by adding at the end the following: (1) IN GENERAL.—A recipient of financial as- ‘‘(1) COMMITMENT TO HIGH-QUALITY CAREER
‘‘(4) SAFETY COMMITTEE.—For purposes of the sistance under chapter 53 of title 49, United AND BUSINESS OPPORTUNITIES.—The term ‘com-
approval process of an agency safety plan under States Code, shall issue a notice to employees mitment to high-quality career and business op-
paragraph (1), the safety committee shall be who, due to the use of an automated vehicle portunities’ means participation in a registered
convened by a joint labor-management process providing public transportation or mobility on apprenticeship program.
and consist of an equal number of— demand service, may be subjected to a loss of ‘‘(2) COVERED INFRASTRUCTURE PROGRAM.—
‘‘(A) frontline employee representatives, se- employment or a change in responsibilities not The term ‘covered infrastructure program’
lected by the labor organization representing the later than 60 days before signing a contract for means any activity under program or project
plurality of the frontline workforce employed by such service or procurement. A recipient shall under this chapter for the purchase or acquisi-
the recipient or if applicable a contractor to the provide employees copies of a request for a pro- tion of rolling stock.
recipient; and posal related to an automated vehicle providing ‘‘(3) U.S. EMPLOYMENT PLAN.—The term ‘U.S.
‘‘(B) employer or State representatives.’’; and public transportation or mobility on demand Employment Plan’ means a plan under which
(3) in subsection (e)(4)(A)(v) by inserting ‘‘, services at the time such request is issued. an entity receiving Federal assistance for a
inspection,’’ after ‘‘has investigative’’. (2) CONTENT.—The notice required in para- project under a covered infrastructure program
SEC. 2603.INNOVATION WORKFORCE STAND- graph (1) shall include the following: shall—
ARDS. (A) A description of the automated vehicle ‘‘(A) include in a request for proposal an en-
(a) PROHIBITION ON USE OF FUNDS.—No finan- providing public transportation or mobility on couragement for bidders to include, with respect
cial assistance under chapter 53 of title 49, demand service. to the project—
United States Code, may be used for— (B) The impact of the automated vehicle pro- ‘‘(i) high-quality wage, benefit, and training
(1) an automated vehicle providing public viding public transportation or mobility on de- commitments by the bidder and the supply chain
transportation unless— mand service on employment positions, includ- of the bidder for the project; and
(A) the recipient of such assistance that pro- ing a description of which employment positions ‘‘(ii) a commitment to recruit and hire individ-
poses to deploy an automated vehicle providing will be affected and whether any new positions uals described in subsection (e) if the project re-
public transportation certifies to the Secretary will be created. sults in the hiring of employees not currently or
of Transportation that the deployment does not (d) DEFINITIONS.—In this section: previously employed by the bidder and the sup-
eliminate or reduce the frequency of existing (1) AUTOMATED VEHICLE.—The term ‘‘auto- ply chain of the bidder for the project;
public transportation service; and mated vehicle’’ means a motor vehicle that— ‘‘(B) give preference for the award of the con-
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(B) the Secretary receives, approves, and pub- (A) is capable of performing the entire task of tract to a bidder that includes the commitments
lishes the workforce development plan under driving (including steering, accelerating and de- described in clauses (i) and (ii) of subparagraph
subsection (b) submitted by the eligible entity celerating, and reacting to external stimulus) (A); and
when required by subsection (b)(1); and without human intervention; and ‘‘(C) ensure that each bidder that includes the
(2) a mobility on demand service unless— (B) is designed to be operated exclusively by a commitments described in clauses (i) and (ii) of
(A) the recipient of such assistance that pro- Level 4 or Level 5 automated driving system for subparagraph (A) that is awarded a contract
poses to deploy a mobility on demand service all trips according to the recommended practice complies with those commitments.
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H2756 CONGRESSIONAL RECORD — HOUSE June 30, 2020
‘‘(4) REGISTERED APPRENTICESHIP PROGRAM.— use the U.S. Employment Plan in carrying out ‘‘(C) the immediate corridor along the highest
The term ‘registered apprenticeship program’ the project for which the assistance was pro- 25 percent of routes by ridership as dem-
means an apprenticeship program registered vided; and onstrated in section 5336(b)(2)(B).
with the Department of Labor or a Federally- ‘‘(D) that full and open competition under ‘‘(2) GENERAL AUTHORITY.—The Secretary may
recognized State Apprenticeship Agency and covered infrastructure programs means a proce- make grants under this subsection to a State ,
that complies with the requirements under parts dural competition that prevents corruption, fa- local governmental authority, or metropolitan
29 and 30 of title 29, Code of Federal Regula- voritism, and unfair treatment by recipient planning organization to assist in financing
tions, as in effect on January 1, 2019. agencies. comprehensive planning associated with an eli-
‘‘(b) BEST-VALUE FRAMEWORK.—To the max- ‘‘(2) INCLUSION.—A best-value contracting gible project that seeks to—
imum extent practicable, a recipient of assist- framework described in subsection (b) is a ‘‘(A) enhance economic development, rider-
ance under a covered infrastructure program is framework that authorizes a recipient of Fed- ship, and other goals established during the
encouraged— eral assistance under a covered infrastructure project development and engineering processes
‘‘(1) to ensure that each dollar invested in in- program, in awarding contracts, to evaluate a or the grant application;
frastructure uses a best-value contracting range of factors, including price, the quality of ‘‘(B) facilitate multimodal connectivity and
framework to maximize the local value of feder- products, the quality of services, and commit- accessibility;
ally funded contracts by evaluating bids on ments to the creation of good jobs for all people ‘‘(C) increase access to transit hubs for pedes-
price and other technical criteria prioritized in in the United States. trian and bicycle traffic;
the bid, such as— ‘‘(h) AWARD BASIS.—In awarding grants ‘‘(D) enable mixed-use development;
‘‘(A) equity; under this section, the Secretary shall give pri- ‘‘(E) identify infrastructure needs associated
‘‘(B) environmental and climate justice; ority to eligible entities that— with the eligible project; and
‘‘(C) impact on greenhouse gas emissions; ‘‘(1) ensure that not less than 50 percent of ‘‘(F) include private sector participation.
‘‘(D) resilience; the workers hired to participate in the job train- ‘‘(3) ELIGIBILITY.—A State , local govern-
‘‘(E) the results of a 40-year life-cycle anal- ing program are hired through local hiring in mental authority, or metropolitan planning or-
ysis; accordance with subsection (e), including by ganization that desires to participate in the pro-
‘‘(F) safety; prioritizing individuals with a barrier to em- gram under this subsection shall submit to the
‘‘(G) commitment to creating or sustaining ployment (including ex-offenders), disabled indi- Secretary an application that contains at a min-
high-quality job opportunities affiliated with viduals (meaning an individual with a disability imum—
registered apprenticeship programs (as defined (as defined in section 3 of the Americans with ‘‘(A) an identification of an eligible project;
in subsection (a)(3)) for disadvantaged or Disabilities Act of 1990 (42 U.S.C. 12102))), vet- ‘‘(B) a schedule and process for the develop-
underrepresented individuals in infrastructure erans, and individuals that represent popu- ment of a comprehensive plan;
industries in the United States; and lations that are traditionally underrepresented ‘‘(C) a description of how the eligible project
‘‘(H) access to jobs and essential services by in the infrastructure workforce; or and the proposed comprehensive plan advance
all modes of travel for all users, including dis- ‘‘(2) ensure the commitments described in the metropolitan transportation plan of the met-
abled individuals; and clauses (i) and (ii) of subsection (a)(2)(A) with ropolitan planning organization;
‘‘(2) to ensure community engagement, trans- respect to carrying out the job training pro- ‘‘(D) proposed performance criteria for the de-
parency, and accountability in carrying out gram.’’. velopment and implementation of the com-
each stage of the project. (b) CLERICAL AMENDMENT.—The analysis for prehensive plan;
‘‘(c) PREFERENCE FOR REGISTERED APPREN- chapter 53 of title 49, United States Code, is ‘‘(E) a description of how the project will re-
TICESHIP PROGRAMS.—To the maximum extent amended by adding at the end the following: duce and mitigate social and economic impacts
practicable, a recipient of assistance under a on existing residents and businesses vulnerable
‘‘5341. U.S. Employment Plan.’’.
covered infrastructure program, with respect to to displacement; and
SEC. 2606. TECHNICAL ASSISTANCE AND WORK-
the project for which the assistance is received, FORCE DEVELOPMENT.
‘‘(F) identification of—
‘‘(i) partners;
shall give preference to a bidder that dem- (a) IN GENERAL.—Section 5314(a) of title 49, ‘‘(ii) availability of and authority for funding;
onstrates a commitment to high-quality job op- Unites States Code, is amended— and
portunities affiliated with registered apprentice- (1) in paragraph (2)—
‘‘(iii) potential State, local or other impedi-
ship programs. (A) in subparagraph (H) by striking ‘‘and’’ at
ments to the implementation of the comprehen-
‘‘(d) USE OF U.S. EMPLOYMENT PLAN.—Not- the end;
(B) by redesignating subparagraph (I) as sub- sive plan.
withstanding any other provision of law, in car- ‘‘(4) COST SHARE.—A grant under this sub-
rying out a project under a covered infrastruc- paragraph (J); and
(C) by inserting after subparagraph (H) the section shall not exceed an amount in excess of
ture program, each entity that receives Federal 80 percent of total project costs, except that a
assistance shall use a U.S. Employment Plan for following:
‘‘(I) provide innovation and capacity-building grant that includes an affordable housing com-
each contract of $10,000,000 or more for the pur- ponent shall not exceed an amount in excess of
chase of manufactured goods or of services, to rural and tribal public transportation recipi-
ents but that not to duplicate the activities of 90 percent of total project costs.
based on an independent cost estimate. ‘‘(c) TECHNICAL ASSISTANCE.—The Secretary
‘‘(e) PRIORITY.—The head of the relevant Fed- sections 5311(b) or 5312; and’’; and
(2) by adding at the end the following: shall provide technical assistance to States,
eral agency shall ensure that the entity car- local governmental authorities, and metropoli-
‘‘(4) AVAILABILITY OF AMOUNTS.—Of the
rying out a project under the covered infrastruc- tan planning organizations in the planning and
amounts made available to carry out this section
ture program gives priority to— development of transit-oriented development
under section 5338(c), $1,500,000 shall be avail-
‘‘(1) individuals with a barrier to employment projects and transit supportive corridor policies,
able to carry out activities described in para-
(as defined in section 3 of the Workforce Inno- including—
graph (2)(I).’’.
vation and Opportunity Act (29 U.S.C. 3102)), (b) AVAILABILITY OF AMOUNTS.— Section ‘‘(1) the siting, planning, financing, and inte-
including ex-offenders and disabled individuals; 5314(c)(4)(A) of title 49, United States Code, is gration of transit-oriented development projects;
‘‘(2) veterans; and ‘‘(2) the integration of transit-oriented devel-
amended by inserting ‘‘5311,’’ after ‘‘5307,’’.
‘‘(3) individuals that represent populations opment and transit-supportive corridor policies
that are traditionally underrepresented in the Subtitle G—Transit-Supportive Communities
in the preparation for and development of an
infrastructure workforce, such as women and SEC. 2701. TRANSIT-SUPPORTIVE COMMUNITIES.
application for funding under section 602 of title
racial and ethnic minorities. (a) IN GENERAL.—Chapter 53 of title 49,
23;
‘‘(f) REPORT.—Not less frequently than once United States Code, is amended by inserting ‘‘(3) the siting, planning, financing, and inte-
each fiscal year, the heads of the relevant Fed- after section 5327 the following: gration of transit-oriented development and
eral agencies shall jointly submit to Congress a ‘‘§ 5328. Transit-supportive communities transit supportive corridor policies associated
report describing the implementation of this sec- ‘‘(a) ESTABLISHMENT.—The Secretary shall es- with projects under section 5309;
tion. tablish within the Federal Transit Administra- ‘‘(4) the development of housing feasibility as-
‘‘(g) INTENT OF CONGRESS.— tion, an Office of Transit-Supportive Commu- sessments as allowed under section
‘‘(1) IN GENERAL.—It is the intent of Con- nities to make grants, provide technical assist- 5309(g)(3)(B);
gress— ance, and assist in the coordination of transit ‘‘(5) the development of transit-supportive cor-
‘‘(A) to encourage recipients of Federal assist- and housing policies within the Federal Transit ridor policies that promote transit ridership and
ance under covered infrastructure programs to Administration, the Department of Transpor- transit-oriented development;
use a best-value contracting framework de- tation, and across the Federal Government. ‘‘(6) the development, implementation, and
scribed in subsection (b) for the purchase of ‘‘(b) TRANSIT ORIENTED DEVELOPMENT PLAN- management of land value capture programs;
goods and services; NING GRANT PROGRAM.— and
‘‘(B) to encourage recipients of Federal assist- ‘‘(1) DEFINITION.—In this subsection the term ‘‘(7) the development of model contracts,
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ance under covered infrastructure programs to ‘eligible project’ means— model codes, and best practices for the imple-
use preferences for registered apprenticeship ‘‘(A) a new fixed guideway capital project or mentation of transit-oriented development
programs as described in subsection (c) when a core capacity improvement project as defined projects and transit-supportive corridor policies.
evaluating bids for projects using that assist- in section 5309; ‘‘(d) VALUE CAPTURE POLICY REQUIRE-
ance; ‘‘(B) an existing fixed guideway system, or an MENTS.—
‘‘(C) to require that recipients of Federal as- existing station that is served by a fixed guide- ‘‘(1) VALUE CAPTURE POLICY.—Not later than
sistance under covered infrastructure programs way system; or October 1 of the fiscal year that begins 2 years
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2757
after the date of enactment of this section, the may authorize the recipient to transfer such (2) in subsection (l)(4)—
Secretary, in collaboration with State depart- asset to— (A) in subparagraph (B) by striking ‘‘; or’’
ments of transportation, metropolitan planning ‘‘(A) a local governmental authority to be and inserting a semicolon;
organizations, and regional council of govern- used for a public purpose with no further obli- (B) in subparagraph (C) by striking the period
ments, shall establish voluntary and consensus- gation to the Government if the Secretary de- and inserting ‘‘; or’’; and
based value capture standards, policies, and cides— (C) by adding at the end the following:
best practices for State and local value capture ‘‘(i) the asset will remain in public use for at ‘‘(D) from grant proceeds distributed under
mechanisms that promote greater investments in least 5 years after the date the asset is trans- section 103 of the Housing and Community De-
public transportation and affordable transit-ori- ferred; velopment Act of 1974 (42 U.S.C. 5303) or section
ented development. ‘‘(ii) there is no purpose eligible for assistance 201 of the Public Works and Economic Develop-
‘‘(2) REPORT.—Not later than 15 months after under this chapter for which the asset should be ment Act of 1965 (42 U.S.C. 3141) provided that—
the date of enactment of this section, the Sec- used; ‘‘(i) such funds are used in conjunction with
retary shall make available to the public a re- ‘‘(iii) the overall benefit of allowing the trans- the planning or development of affordable hous-
port cataloging examples of State and local laws fer is greater than the interest of the Govern- ing; and
and policies that provide for value capture and ment in liquidation and return of the financial ‘‘(ii) such affordable housing is located within
value sharing that promote greater investment interest of the Government in the asset, after one-half of a mile of a new station.’’.
in public transportation and affordable transit- considering fair market value and other factors; Subtitle H—Innovation
oriented development. and SEC. 2801. MOBILITY INNOVATION SANDBOX PRO-
‘‘(d) EQUITY.—In providing technical assist- ‘‘(iv) through an appropriate screening or sur- GRAM.
ance under subsection (c), the Secretary shall vey process, that there is no interest in acquir- Section 5312(d) of title 49, United States Code,
incorporate strategies to promote equity for ing the asset for Government use if the asset is is amended by adding at the end the following:
underrepresented and underserved communities, a facility or land; or ‘‘(3) MOBILITY INNOVATION SANDBOX PRO-
including— ‘‘(B) a local governmental authority, non- GRAM.—The Secretary may make funding avail-
‘‘(1) preventing displacement of existing resi- profit organization, or other third party entity able under this subsection to carry out research
dents and businesses; to be used for the purpose of transit-oriented de- on mobility on demand and mobility as a service
‘‘(2) mitigating rent and housing price in- velopment with no further obligation to the Gov- activities eligible under section 5316.’’.
creases; ernment if the Secretary decides— SEC. 2802. TRANSIT BUS OPERATOR COMPART-
‘‘(3) incorporating affordable rental and own- ‘‘(i) the asset is a necessary component of a MENT REDESIGN PROGRAM.
ership housing in transit-oriented development; proposed transit-oriented development project; Section 5312(d) of title 49, United States Code,
‘‘(4) engaging under-served, limited English ‘‘(ii) the transit-oriented development project is further amended by adding at the end the fol-
proficiency, low income, and minority commu- will increase transit ridership; lowing:
nities in the planning process; ‘‘(iii) at least 40 percent of the housing units ‘‘(4) TRANSIT BUS OPERATOR COMPARTMENT
‘‘(5) fostering economic development opportu- offered in the transit-oriented development , in- REDESIGN PROGRAM.—
nities for existing residents and businesses; and cluding housing units owned by nongovern- ‘‘(A) IN GENERAL.—The Secretary may make
‘‘(6) targeting affordable housing that help mental entities, are legally binding affordability funding available under this subsection to carry
lessen homelessness. restricted to tenants with incomes at or below 60 out research on redesigning transit bus operator
‘‘(d) AUTHORITY TO REQUEST STAFFING AS- percent of the area median income and/or own- compartments to improve safety, operational ef-
SISTANCE.—In fulfilling the duties of this sec- ers with incomes at or below 60 percent the area ficiency, and passenger accessibility.
tion, the Secretary shall, as needed, request median income; ‘‘(B) OBJECTIVES.—Research objectives under
staffing and technical assistance from other ‘‘(iv) the asset will remain in use as described this paragraph shall include—
Federal agencies, programs, administrations, in this section for at least 30 years after the date ‘‘(i) increasing bus operator safety from as-
boards, or commissions. the asset is transferred; and saults;
‘‘(e) REVIEW EXISTING POLICIES AND PRO- ‘‘(v) with respect to a transfer to a third party ‘‘(ii) optimizing operator visibility and reduc-
GRAMS.—Not later than 24 months after the date entity— ing operator distractions to improve safety of
of enactment of this section, the Secretary shall ‘‘(I) a local government authority or nonprofit bus passengers, pedestrians, bicyclists, and
review and evaluate all existing policies and organization is unable to receive the property; other roadway users;
programs within the Federal Transit Adminis- and ‘‘(iii) expanding passenger accessibility for
tration that support or promote transit-oriented ‘‘(II) the overall benefit of allowing the trans- positive interactions between operators and pas-
development to ensure their coordination and fer is greater than the interest of the Govern- sengers, including assisting passengers in need
effectiveness relative to the goals of this section. ment in liquidation and return of the financial of special assistance;
‘‘(f) REPORTING.—Not later than February 1 of interest of the Government in the asset, after ‘‘(iv) accommodating compliance for passenger
each year beginning the year after the date of considering fair market value and other factors. boarding, alighting, and securement with the
enactment of this section, the Secretary shall ‘‘(III) the third party has demonstrated a sat- Americans with Disabilities Act of 1990 (42
prepare a report detailing the grants and tech- isfactory history of construction or operating an U.S.C. 12101 et seq.); and
nical assistance provided under this section, the affordable housing development.’’. ‘‘(v) improving ergonomics to reduce bus oper-
number of affordable housing units constructed SEC. 2703. AFFORDABLE HOUSING INCENTIVES IN ator work-related health issues and injuries, as
CAPITAL INVESTMENT GRANTS. well as locate key instrument and control inter-
or planned as a result of projects funded in this
section, and the number of affordable housing Section 5309 of title 49, United States Code, is faces to improve operational efficiency and con-
units constructed or planned as a result of a amended— venience.
property transfer under section 5334(h)(1). The (1) in subsection (g)— ‘‘(C) ACTIVITIES.—Eligible activities under this
report shall be provided to the Committee on (A) in paragraph (2)(B)— paragraph shall include—
(i) in clause (i) by striking ‘‘; and’’ and insert- ‘‘(i) measures to reduce visibility impairments
Transportation and Infrastructure of the House
ing a semicolon; and distractions for bus operators that con-
of Representatives and the Committee on Bank-
(ii) in clause (ii) by striking the period and in- tribute to accidents, including retrofits to buses
ing, Housing, and Urban Affairs of the Senate.
serting ‘‘; and’’; and in revenue service and specifications for future
‘‘(g) SAVINGS CLAUSE.—Nothing in this section
(iii) by adding at the end the following: procurements that reduce visibility impairments
authorizes the Secretary to provide any finan- ‘‘(iii) in the case of a new fixed guideway cap-
cial assistance for the construction of hous- and distractions;
ital project or a core capacity improvement ‘‘(ii) the deployment of assault mitigation in-
ing.’’. project, allow a weighting five points greater to
(b) CLERICAL AMENDMENT.—The analysis for frastructure and technology on buses, including
the economic development subfactor and five barriers to restrict the unwanted entry of indi-
chapter 53 of title 49, United States Code, is points lesser to the lowest scoring subfactor if
amended by inserting after the item relating to viduals and objects into bus operators’
the applicant demonstrates substantial efforts to workstations;
section 5327 the following: preserve or encourage affordable housing near ‘‘(iii) technologies to improve passenger acces-
‘‘5328. Transit-supportive communities.’’. the project by providing documentation of poli- sibility, including boarding, alighting, and se-
(c) TECHNICAL AND CONFORMING AMEND- cies that allow by-right multi-family housing, curement in compliance with the Americans
MENT.—Section 20005 of the MAP–21 (Public single room occupancy units, or accessory dwell- with Disabilities Act of 1990 (42 U.S.C. 12101 et
Law 112–141) is amended— ing units, providing local capital sources for seq.);
(1) by striking ‘‘(a) AMENDMENT.—’’; and transit-oriented development, or demonstrate ‘‘(iv) installation of seating and modification
(2) by striking subsection (b). other methods as determined by the Secretary.’’; to design specifications of bus operator
SEC. 2702. PROPERTY DISPOSITION FOR AFFORD- and workstations that reduce or prevent injuries
ABLE HOUSING. (B) in paragraph (3), as amended by this Act, from ergonomic risks; or
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Section 5334(h)(1) of title 49, United States by adding at the end the following: ‘‘(v) other measures that align with the objec-
Code, is amended to read as follows: ‘‘(B) establish a warrant that applies to the tives under subparagraph (B).
‘‘(1) IN GENERAL.—If a recipient of assistance economic development project justification cri- ‘‘(D) ELIGIBLE ENTITIES.—Entities eligible to
under this chapter decides an asset acquired teria, provided that the applicant that requests receive funding under this paragraph shall in-
under this chapter at least in part with that as- a warrant under this process has completed and clude consortia consisting of, at a minimum:
sistance is no longer needed for the purpose for submitted a housing feasibility assessment.’’; ‘‘(i) recipients of funds under this chapter
which such asset was acquired, the Secretary and that provide public transportation services;
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H2758 CONGRESSIONAL RECORD — HOUSE June 30, 2020
‘‘(ii) transit vehicle manufacturers; (ii) in subparagraph (D) by striking ‘‘low or Subtitle I—Other Program Reauthorizations
‘‘(iii) representatives from organizations en- no emission vehicle’’ and inserting ‘‘zero emis- SEC. 2901. REAUTHORIZATION FOR CAPITAL AND
gaged in collective bargaining on behalf of tran- sion vehicle’’ each place such term appears; PREVENTIVE MAINTENANCE
sit workers in not fewer than 3 States; and (C) in paragraph (2)— PROJECTS FOR WASHINGTON MET-
‘‘(iv) any nonprofit institution of higher edu- ROPOLITAN AREA TRANSIT AUTHOR-
cation, as defined in section 101 of the Higher (i) in the heading by striking ‘‘LOW OR NO ITY.
EMISSION’’ and inserting ‘‘ZERO EMISSION’’; and Section 601 of the Passenger Rail Investment
Education Act of 1965 (20 U.S.C. 1001).’’.
SEC. 2803. FEDERAL TRANSIT ADMINISTRATION (ii) by striking ‘‘low or no emission’’ and in- and Improvement Act of 2008 (Public Law 110–
EVERY DAY COUNTS INITIATIVE. serting ‘‘zero emission’’ each place such term 432) is amended—
Section 5312 of title 49, United States Code, as appears; (1) in subsection (b) by striking ‘‘The Federal’’
amended by section 2503, is further amended by (D) in paragraph (3) by striking ‘‘low or no and inserting ‘‘Except as provided in subsection
adding at the end the following: emission’’ and inserting ‘‘zero emission’’ each (f)(2), the Federal’’;
‘‘(k) EVERY DAY COUNTS INITIATIVE.— place such term appears; and (2) by striking subsections (d) through (f) and
‘‘(1) IN GENERAL.—It is in the national interest inserting the following:
(E) in paragraph (5)(A) by striking ‘‘low or no
for the Department of Transportation and re- ‘‘(d) REQUIRED BOARD APPROVAL.—No
emission’’ and inserting ‘‘zero emission’’.
cipients of Federal public transportation amounts may be provided to the Transit Author-
funds— SEC. 2805. NATIONAL ADVANCED TECHNOLOGY ity under this section until the Transit Author-
‘‘(A) to identify, accelerate, and deploy inno- TRANSIT BUS DEVELOPMENT PRO- ity certifies to the Secretary of Transportation
vation aimed at expediting project delivery, en- GRAM.
that—
hancing the safety of transit systems of the (a) ESTABLISHMENT.—The Secretary shall es- ‘‘(1) a board resolution has passed on or be-
United States, and protecting the environment; tablish a national advanced technology transit fore July 1, 2021, and is in effect for the period
‘‘(B) to ensure that the planning, design, en- bus development program to facilitate the devel- of July 1, 2022 through June 30, 2031, that—
gineering, construction, and financing of trans- opment and testing of commercially viable ad- ‘‘(A) establishes an independent budget au-
portation projects is done in an efficient and ef- vanced technology transit buses that do not ex- thority for the Office of Inspector General of the
fective manner; ceed a Level 3 automated driving system and re- Transit Authority;
‘‘(C) to promote the rapid deployment of prov- lated infrastructure. ‘‘(B) establishes an independent procurement
en solutions that provide greater accountability (b) AUTHORIZATION.—There shall be available authority for the Office of Inspector General of
for public investments; and $20,000,000 for each of fiscal years 2021 through the Transit Authority;
‘‘(D) to create a culture of innovation within 2025. ‘‘(C) establishes an independent hiring au-
the transit community. thority for the Office of Inspector General of the
‘‘(2) FTA EVERY DAY COUNTS INITIATIVE.—To (c) GRANTS.—The Secretary may enter into
Transit Authority;
advance the policies described in paragraph (1), grants, contracts, and cooperative agreements
‘‘(D) ensures the Inspector General of the
the Administrator of the Federal Transit Admin- with no more than 3 geographically diverse non-
Transit Authority can obtain legal advice from
istration shall adopt the Every Day Counts ini- profit organizations and recipients under chap-
a counsel reporting directly to the Inspector
tiative to work with recipients to identify and ter 53 of title 49, United States Code, to facilitate
General;
deploy the proven innovation practices and the development and testing of commercially
‘‘(E) requires the Inspector General of the
products that— viable advance technology transit buses and re-
Transit Authority to submit recommendations
‘‘(A) accelerate innovation deployment; lated infrastructure.
for corrective action to the General Manager
‘‘(B) expedite the project delivery process; (d) CONSIDERATIONS.—The Secretary shall and the Board of Directors of the Transit Au-
‘‘(C) improve environmental sustainability; consider the applicant’s— thority;
‘‘(D) enhance transit safety; ‘‘(F) requires the Inspector General of the
(1) ability to contribute significantly to fur-
‘‘(E) expand mobility; and
thering advanced technologies as it relates to Transit Authority to publish any recommenda-
‘‘(F) reduce greenhouse gas emissions.
‘‘(3) CONSIDERATION.—In accordance with the transit bus operations, including advanced driv- tion described in subparagraph (E) on the
Every Day Counts goals described in para- er assistance systems, automatic emergency website of the Office of Inspector General of the
graphs (1) and (2), the Administrator shall con- braking, accessibility, and energy efficiency; Transit Authority, except that the Inspector
sider research conducted through the university (2) financing plan and cost share potential; General may redact personally identifiable in-
transportation centers program in section 5505. formation and information that, in the deter-
(3) technical experience developing or testing
‘‘(4) INNOVATION DEPLOYMENT.— mination of the Inspector General, would pose a
advanced technologies in transit buses;
‘‘(A) IN GENERAL.—At least every 2 years, the security risk to the systems of the Transit Au-
(4) commitment to frontline worker involve- thority;
Administrator shall work collaboratively with
ment; and ‘‘(G) requires the Board of Directors of the
recipients to identify a new collection of innova-
tions, best practices, and data to be deployed to (5) other criteria that the Secretary determines Transit Authority to provide written notice to
recipients through case studies, webinars, and are necessary to carry out the program. the Committee on Transportation and Infra-
demonstration projects. The Secretary shall not consider applicants structure of the House of Representatives and
‘‘(B) REQUIREMENTS.—In identifying a collec- working on autonomous vehicles. the Committee on Banking, Housing, and Urban
tion described in subparagraph (A), the Sec- Affairs of the Senate not less than 30 days be-
(e) COMPETITIVE GRANT SELECTION.—The Sec-
retary shall take into account market readiness, fore the Board of Directors removes the Inspec-
retary shall conduct a national solicitation for
impacts, benefits, and ease of adoption of the tor General of the Transit Authority, which
applications for grants under the program.
innovation or practice. shall include the reasons for removal and sup-
Grant recipients shall be selected on a competi-
‘‘(5) PUBLICATION.—Each collection identified porting documentation; and
tive basis. The Secretary shall give priority con-
under paragraph (4) shall be published by the ‘‘(H) prohibits the Board of Directors from re-
sideration to applicants that have successfully
Administrator on a publicly available website.’’. moving the Inspector General of the Transit Au-
managed advanced transportation technology
SEC. 2804. TECHNICAL CORRECTIONS. thority unless the Board of Directors has pro-
projects, including projects related to public
Section 5312 of title 49, United States Code, as vided a 30 day written notification as described
transportation operations for a period of not
amended in section 2503 and 2803, is further in subparagraph (G) that documents—
less than 5 years.
amended— ‘‘(i) a permanent incapacity;
(f) CONSORTIA.—As a condition of receiving an ‘‘(ii) a neglect of duty;
(1) in subsection (e)—
award in (c), the Secretary shall ensure— ‘‘(iii) malfeasance;
(A) in paragraph (3)(C) by striking ‘‘low or no
emission vehicles, zero emission vehicles,’’ and (1) that the selected non-profit recipients sub- ‘‘(iv) a conviction of a felony or conduct in-
inserting ‘‘zero emission vehicles’’; and sequently establish a consortia for each proposal volving moral turpitude;
(B) by striking paragraph (6) and inserting submitted, including representatives from a ‘‘(v) a knowing violation of a law or regula-
the following: labor union, transit agency, an FTA-designated tion;
‘‘(6) ZERO EMISSION VEHICLE DEFINED.—In this university bus and component testing center, a ‘‘(vi) gross mismanagement;
subsection, the term ‘zero emission vehicle’ Buy America compliant transit bus manufac- ‘‘(vii) a gross waste of funds;
means a passenger vehicle used to provide pub- turer, and others as determined by the Sec- ‘‘(viii) an abuse of authority; or
lic transportation that produces no carbon or retary; ‘‘(ix) inefficiency; and
particulate matter.’’; ‘‘(2) the Code of Ethics for Members of the
(2) that no proposal selected would decrease
(2) by redesignating the first subsection (g) as WMATA Board of Directors passed on Sep-
workplace or passenger safety; and
subsection (f); and tember 26, 2019, remains in effect, or the Inspec-
(3) that no proposal selected would undermine tor General of the Transit Authority has con-
(3) in subsection (h)—
(A) in the header by striking ‘‘LOW OR NO the creation of high-quality jobs or workforce sulted with any modifications to the Code of
support and development programs.
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EMISSION’’ and inserting ‘‘ZERO EMISSION’’; Ethics by the Board.
(B) in paragraph (1)— (g) FEDERAL SHARE.—The Federal share of ‘‘(e) AUTHORIZATIONS.—
(i) by striking subparagraph (B) and inserting costs of the program shall be provided from ‘‘(1) IN GENERAL.—There are authorized to be
the following: funds made available to carry out this section. appropriated to the Secretary of Transportation
‘‘(B) the term ‘zero emission vehicle’ has the The Federal share of the cost of a project car- for grants under this section—
meaning given such term in subsection (e)(6);’’; ried out under the program shall not exceed 80 ‘‘(A) for fiscal year 2021, $150,000,000;
and percent of such cost. ‘‘(B) for fiscal year 2022, $155,000,000;
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2759
‘‘(C) for fiscal year 2023, $160,000,000; the Secretary to require cost and schedule risk ‘‘(i) the share of the cost of the project to be
‘‘(D) for fiscal year 2024, $165,000,000; assessments in the project development phase.’’; provided under this section—
‘‘(E) for fiscal year 2025, $170,000,000; (4) in subsection (e)(1)— ‘‘(I) does not exceed $500,000,000 and the total
‘‘(F) for fiscal year 2026, $175,000,000; (A) in subparagraph (C)(i) by striking ‘‘2 project cost does not exceed $1,000,000,000; or
‘‘(G) for fiscal year 2027, $180,000,000; years’’ and inserting ‘‘3 years’’; and ‘‘(II) complies with subsection (l)(1)(C);
‘‘(H) for fiscal year 2028, $185,000,000; (B) by adding at the end the following: ‘‘(ii) the applicant requests the use of the war-
‘‘(I) for fiscal year 2029, $190,000,000; and ‘‘(D) OPTIONAL PROJECT DEVELOPMENT ACTIVI- rants;
‘‘(J) for fiscal year 2030, $200,000,000. TIES.—An applicant may perform cost and ‘‘(iii) the applicant certifies that its existing
‘‘(2) SET ASIDE FOR OFFICE OF INSPECTOR GEN- schedule risk assessments with technical assist- public transportation system is in a state of
ERAL OF TRANSIT AUTHORITY.—From the ance provided by the Secretary. good repair; and
amounts in paragraph (1), the Transit Author- ‘‘(E) STATUTORY CONSTRUCTION.—Nothing in ‘‘(iv) the applicant meets any other require-
ity shall provide at least 7 percent for each fis- this section shall be construed as authorizing ments that the Secretary considers appropriate
cal year to the Office of Inspector General of the the Secretary to require cost and schedule risk to carry out this subsection; and’’;
Transit Authority to carry out independent and assessments in the project development phase.’’; (C) by striking paragraph (5) and inserting
objective audits, investigations, and reviews of (5) in subsection (e)(2)(A)(iii)(II) by striking the following:
Transit Authority programs and operations to ‘‘5 years’’ and inserting ‘‘10 years’’; ‘‘(5) POLICY GUIDANCE.—The Secretary shall
promote economy, efficiency, and effectiveness, (6) in subsection (f)— issue policy guidance on the review and evalua-
and to prevent and detect fraud, waste, and (A) in paragraph (1) by striking ‘‘subsection tion process and criteria not later than 180 days
abuse in such programs and operations.’’; and (d)(2)(A)(v)’’ and inserting ‘‘subsection after the date of enactment of the INVEST in
(3) by redesignating subsection (g) as sub- (d)(2)(A)(iv)’’; America Act.’’;
(B) in paragraph (2)— (D) by striking paragraph (6) and inserting
section (f).
(i) by striking ‘‘subsection (d)(2)(A)(v)’’ and the following:
SEC. 2902. OTHER APPORTIONMENTS.
inserting ‘‘subsection (d)(2)(A)(iv)’’; ‘‘(6) TRANSPARENCY.—Not later than 30 days
Section 5336 of title 49, United States Code, is (ii) in subparagraph (D) by adding ‘‘and’’ at
amended— after the Secretary receives a written request
the end;
(1) in subsection (h)— from an applicant for all remaining information
(iii) by striking subparagraph (E); and
(A) in the matter preceding paragraph (1) by (iv) by redesignating subparagraph (F) as necessary to obtain 1 or more of the following,
striking ‘‘section 5336(a)(2)(C)’’ and inserting subparagraph (E); and the Secretary shall provide such information to
‘‘section 5336(a)(2)(B)’’; (C) by adding at the end the following: the applicant:
(B) by amending paragraph (1) to read as fol- ‘‘(3) COST-SHARE INCENTIVES.—For a project ‘‘(A) Project advancement.
lows: for which a lower CIG cost share is elected by ‘‘(B) Medium or higher rating.
‘‘(1) to carry out section 5307(h)— the applicant under subsection (l)(1)(C), the ‘‘(C) Warrant.
‘‘(A) $60,906,000 shall be set aside in fiscal Secretary shall apply the following requirements ‘‘(D) Letter of intent.
year 2022; and considerations in lieu of paragraphs (1) and ‘‘(E) Early systems work agreement.’’; and
‘‘(B) $61,856,134 shall be set aside in fiscal (2): (E) in paragraph (7) by striking ‘‘the Federal
year 2023; ‘‘(A) REQUIREMENTS.—In determining whether Public Transportation Act of 2012’’ and insert-
‘‘(C) $62,845,832 shall be set aside in fiscal a project is supported by local financial commit- ing ‘‘the INVEST in America Act’’;
year 2024; and ment and shows evidence of stable and depend- (8) in subsection (h)—
‘‘(D) $63,832,511 shall be set aside in fiscal able financing sources for purposes of sub- (A) in paragraph (5) by inserting ‘‘, except
year 2025;’’; section (d)(2)(A)(iv) or (e)(2)(A)(v), the Sec- that for a project for which a lower local cost
(C) in paragraph (2) by striking ‘‘3.07 per- retary shall require that— share is elected under subsection (l)(1)(C), the
cent’’ and inserting ‘‘6 percent’’; and ‘‘(i) the proposed project plan provides for the Secretary shall enter into a grant agreement
(D) by amending paragraph (3) to read as fol- availability of contingency amounts that the ap- under this subsection for any such project that
lows: plicant determines to be reasonable to cover un- establishes contingency amounts that the appli-
‘‘(3) of amounts not apportioned under para- anticipated cost increases or funding shortfalls; cant determines to be reasonable to cover unan-
graphs (1) and (2), 3 percent shall be appor- ‘‘(ii) each proposed local source of capital and ticipated cost increases or funding shortfalls’’
tioned to urbanized areas with populations of operating financing is stable, reliable, and before the period at the end; and
less than 200,000 in accordance with subsection available within the proposed project timetable; (B) in paragraph (7)(C) by striking ‘‘10 days’’
(i);’’; and and and inserting ‘‘3 days’’;
(2) in subsection (i) by adding at the end the ‘‘(iii) an applicant certifies that local re- (9) by striking subsection (i) and inserting the
following: sources are available to recapitalize, maintain, following:
and operate the overall existing and proposed ‘‘(i) INTERRELATED PROJECTS.—
‘‘(3) CENSUS PHASE-OUT.—Before apportioning
public transportation system, including essential ‘‘(1) RATINGS IMPROVEMENT.—The Secretary
funds under subsection (h)(3), for any urban-
feeder bus and other services necessary to shall grant a rating increase of 1 level in mobil-
ized area that is no longer an eligible area due
achieve the projected ridership levels without re- ity improvements to any project being rated
to a change in population in the most recent de-
quiring a reduction in existing public transpor- under subsection (d), (e), or (h), if the Secretary
cennial census, the Secretary shall apportion to
tation services or level of service to operate the certifies that the project has a qualifying inter-
such urbanized area, for 3 fiscal years, an
project. related project that meets the requirements of
amount equal to half of the funds apportioned
‘‘(B) CONSIDERATIONS.—In assessing the sta- paragraph (2).
to such urbanized area pursuant to this sub-
bility, reliability, and availability of proposed ‘‘(2) INTERRELATED PROJECT.—A qualifying
section for the previous fiscal year.’’.
sources of local financing for purposes of sub- interrelated project is a transit project that—
Subtitle J—Streamlining ‘‘(A) is adopted into the metropolitan trans-
section (d)(2)(A)(iv) or (e)(2)(A)(v), the Sec-
SEC. 2911. FIXED GUIDEWAY CAPITAL INVEST- retary shall consider— portation plan required under section 5303;
MENT GRANTS. ‘‘(B) has received a class of action designation
‘‘(i) the reliability of the forecasting methods
Section 5309 of title 49, United States Code, as used to estimate costs and revenues made by the under the National Environmental Policy Act of
amended by section 2703 of this Act, is further recipient and the contractors to the recipient; 1969 (42 U.S.C. 4321 et seq.);
amended— ‘‘(ii) existing grant commitments; ‘‘(C) will likely increase ridership on the
(1) in subsection (a)— ‘‘(iii) any debt obligation that exists, or is pro- project being rated in subsection (d), (e), or (h),
(A) by striking paragraph (6); posed by the recipient, for the proposed project respectively, as determined by the Secretary;
(B) by redesignating paragraph (7) as para- or other public transportation purpose; and and
graph (6); and ‘‘(iv) private contributions to the project, in- ‘‘(D) meets 1 of the following criteria:
(C) in paragraph (6), as so redesignated; cluding cost-effective project delivery, manage- ‘‘(i) Extends the corridor of the project being
(i) in subparagraph (A) by striking ment or transfer of project risks, expedited rated in subsection (d), (e), or (h), respectively.
‘‘$100,000,000’’ and inserting ‘‘$320,000,000’’; and project schedule, financial partnering, and ‘‘(ii) Provides a direct passenger transfer to
(ii) in subparagraph (B) by striking other public-private partnership strategies. the project being rated in subsection (d), (e), or
‘‘$300,000,000’’ and inserting ‘‘$400,000,000’’; (7) in subsection (g)— (h), respectively.’’;
(2) in subsection (b)(2) by inserting ‘‘expand- (A) in paragraph (2)(A) by striking ‘‘degree of (10) in subsection (k)—
ing station capacity,’’ after ‘‘construction of local financial commitment’’ and inserting ‘‘cri- (A) in paragraph (2)(D) by adding at the end
infill stations,’’; teria in subsection (f)’’ each place it appears; the following:
(3) in subsection (d)(1)— (B) in paragraph (3) by striking ‘‘The Sec- ‘‘(v) LOCAL FUNDING COMMITMENT.— For a
(A) in subparagraph (C)(i) by striking ‘‘2 retary shall’’ and all that follows through the project for which a lower CIG cost share is elect-
years’’ and inserting ‘‘3 years’’; and end and inserting the following: ‘‘The Secretary ed by the applicant under subsection (l)(1)(C),
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(B) by adding at the end the following: shall— the Secretary shall enter into a full funding
‘‘(D) OPTIONAL PROJECT DEVELOPMENT ACTIVI- ‘‘(A) to the maximum extent practicable, de- grant agreement that has at least 75 percent of
TIES.—An applicant may perform cost and velop and use special warrants for making a local financial commitment committed and the
schedule risk assessments with technical assist- project justification determination under sub- remaining percentage budgeted for the proposed
ance provided by the Secretary. section (d)(2) or (e)(2), as applicable, for a purposes.’’; and
‘‘(E) STATUTORY CONSTRUCTION.—Nothing in project proposed to be funded using a grant (B) in paragraph (5) by striking ‘‘30 days’’
this section shall be construed as authorizing under this section if— and inserting ‘‘3 days’’;
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H2760 CONGRESSIONAL RECORD — HOUSE June 30, 2020
(11) in subsection (l)— (14) by adding at the end the following: ‘‘(II) nonprofit entities engaged in the coordi-
(A) in paragraph (1) by striking subparagraph ‘‘(r) PUBLICATION .— nation of nonemergency medical transportation
(B) and inserting the following: ‘‘(1) PUBLICATION.—The Secretary shall pub- services for the transportation disadvantaged;
‘‘(B) CAP.—Except as provided in subpara- lish a record of decision on all projects in the or
graph (C), a grant for a project under this sec- New Starts tranche of the program within 2 ‘‘(III) Federal and State entities engaged in
tion shall not exceed 80 percent of the net cap- years of receiving a project’s draft environ- the coordination of nonemergency medical
ital project cost, except that a grant for a core mental impact statement or update or change to transportation services for the transportation
capacity improvement project shall not exceed 80 such statement. disadvantaged; and
percent of the net capital project cost of the in- ‘‘(2) FAILURE TO ISSUE RECORD OF DECISION.— ‘‘(iii) a description of how the eligible project
cremental cost to increase the capacity in the For each calendar month beginning on or after shall—
corridor. the date that is 12 months after the date of en- ‘‘(I) improve local coordination or access to
‘‘(C) APPLICANT ELECTION OF LOWER LOCAL actment of the INVEST in America Act in which coordinated transportation services;
CIG COST SHARE.—An applicant may elect a the Secretary has not published a record of deci- ‘‘(II) reduce duplication of service, if applica-
lower local CIG cost share for a project under sion for the final environmental impact state- ble; and
this section for purposes of application of the ment on projects in the New Starts tranche for ‘‘(III) provide innovative solutions in the
cost-share incentives under subsection (f)(3). at least 1 year, the Secretary shall reduce the State or community.
Such cost share shall not exceed 60 percent of full-time equivalent employees within the imme- ‘‘(C) PERFORMANCE MEASURES.—An eligible re-
the net capital project cost, except that for a diate office of the Secretary by 1.’’. cipient shall specify, in an application for a
grant for a core capacity improvement project SEC. 2912. RURAL AND SMALL URBAN APPOR- grant under this paragraph, the performance
such cost share shall not exceed 60 percent of TIONMENT DEADLINE. measures the eligible project, in coordination
the net capital project cost of the incremental Section 5336(d) of title 49, United States Code, with project partners, will use to quantify ac-
cost to increase the capacity in the corridor.’’; is amended— tual outcomes against expected outcomes, in-
(B) by striking paragraph (5) and inserting (1) by redesignating paragraph (2) as para- cluding—
the following: graph (3); and ‘‘(i) changes to transportation expenditures as
‘‘(5) LIMITATION ON STATUTORY CONSTRUC- (2) by inserting after paragraph (1) the fol- a result of improved coordination;
TION.—Nothing in this section shall be con- lowing: ‘‘(ii) changes to healthcare expenditures pro-
strued as authorizing the Secretary to require, ‘‘(2) notwithstanding paragraph (1), appor- vided by projects partners as a result of im-
incentivize (in any manner not specified in this tion amounts to the States appropriated under proved coordination; and
section), or place additional conditions upon a section 5338(a)(2) to carry out sections 5307, ‘‘(iii) changes to health care metrics, includ-
non-Federal financial commitment for a project 5310, and 5311 not later than December 15 for ing aggregate health outcomes provided by
that is more than 20 percent of the net capital which any amounts are appropriated; and’’. projects partners.
project cost or, for a core capacity improvement SEC. 2913. DISPOSITION OF ASSETS BEYOND USE- ‘‘(D) ELIGIBLE USES.—Eligible recipients re-
project, 20 percent of the net capital project cost FUL LIFE. ceiving a grant under this section may use such
of the incremental cost to increase the capacity Section 5334 of title 49, United States Code, is funds for—
in the corridor.’’; and further amended by adding at the end the fol- ‘‘(i) the deployment of coordination tech-
(C) by striking paragraph (8) and inserting lowing: nology;
the following: ‘‘(l) DISPOSITION OF ASSETS BEYOND USEFUL ‘‘(ii) projects that create or increase access to
‘‘(8) CONTINGENCY SHARE.—The Secretary LIFE.— community One-Call/One-Click Centers;
shall provide funding for the contingency ‘‘(1) IN GENERAL.—If a recipient, or sub- ‘‘(iii) projects that coordinate transportation
amount equal to the proportion of the CIG cost recipient, for assistance under this chapter dis- for 3 or more of—
share. If the Secretary increases the contin- poses of an asset with a current market value, ‘‘(I) public transportation provided under this
gency amount after a project has received a let- or proceed from the sale of such asset, acquired section;
ter of no prejudice or been allocated appro- under this chapter at least in part with such as- ‘‘(II) a State plan approved under title XIX of
priated funds, the federal share of the addi- sistance, after such asset has reached the useful the Social Security Act (42 U.S.C. 1396 et seq.);
tional contingency amount shall be 25 percent life of such asset, the Secretary shall allow the ‘‘(III) title XVIII of the Social Security Act (42
higher than the original proportion the CIG cost recipient, or subrecipient, to use the proceeds at- U.S.C. 1395 et seq.);
share and in addition to the grant amount set in tributable to the Federal share of such asset cal- ‘‘(IV) Veterans Health Administration; or
subsection (k)(2)(C)(ii).’’; culated under paragraph (3) for capital projects ‘‘(V) private health care facilities; and
(12) in subsection (o) by adding at the end the under section 5307, 5310, or 5311. ‘‘(iv) such other projects as determined appro-
following: ‘‘(2) MINIMUM VALUE.—This subsection shall priate by the Secretary.
‘‘(4) CIG PROGRAM DASHBOARD.—Not later only apply to assets with a current market ‘‘(E) CONSULTATION.—In evaluating the per-
than the fifth day of each month, the Secretary value, or proceeds from sale, of at least $5,000. formance metrics described in subparagraph (C),
shall make publicly available on a website data ‘‘(3) CALCULATION OF FEDERAL SHARE ATTRIB- the Secretary shall consult with the Secretary of
on, including the status of, each project under UTABLE.—The proceeds attributable to the Fed- Health and Human Services.
this section that is in the project development eral share of an asset described in paragraph (1) ‘‘(2) INCENTIVE GRANTS.—
phase, in the engineering phase, or has received shall be calculated by multiplying— ‘‘(A) IN GENERAL.—The Secretary may make
a grant agreement and remains under construc- ‘‘(A) the current market value of, or the pro- grants under this paragraph to eligible recipi-
tion. Such data shall include, for each project— ceeds from the disposition of, such asset; by ents to incentivize innovative projects for the
‘‘(A) the amount and fiscal year of any fund- ‘‘(B) the Federal share percentage for the ac- transportation disadvantaged that improve the
ing appropriated, allocated, or obligated for the quisition of such asset at the time of acquisition coordination of transportation services and non-
project; of such asset.’’. emergency medical transportation services.
‘‘(B) the date on which the project— SEC. 2914. INNOVATIVE COORDINATED ACCESS ‘‘(B) SELECTION OF GRANT RECIPIENTS.—The
‘‘(i) entered the project development phase; AND MOBILITY. Secretary shall distribute grant funds made
‘‘(ii) entered the engineering phase, if applica- Section 5310 of title 49, United States Code, as available to carry out this paragraph as de-
ble; and amended by section 2205, is further amended by scribed in subparagraph (E) to eligible recipients
‘‘(iii) received a grant agreement, if applica- adding at the end the following: that apply and propose to demonstrate improve-
ble; and ‘‘(k) INNOVATIVE COORDINATED ACCESS AND ment in the metrics described in subparagraph
‘‘(C) the status of review by the Federal Tran- MOBILITY.— (F).
sit Administration and the Secretary, including ‘‘(1) START UP GRANTS.— ‘‘(C) ELIGIBILITY.—An eligible recipient shall
dates of request, dates of acceptance of request, ‘‘(A) IN GENERAL.—The Secretary may make not be required to have received a grant under
and dates of a decision for each of the fol- grants under this paragraph to eligible recipi- paragraph (1) to be eligible to receive a grant
lowing, if applicable: ents to assist in financing innovative projects under this paragraph.
‘‘(i) A letter of no prejudice. for the transportation disadvantaged that im- ‘‘(D) APPLICATIONS.—Eligible recipients shall
‘‘(ii) An environmental impact statement no- prove the coordination of transportation serv- submit to the Secretary an application that in-
tice of intent. ices and non-emergency medical transportation cludes—
‘‘(iii) A finding of no significant environ- services. ‘‘(i) which metrics under subparagraph (F)
mental impact. ‘‘(B) APPLICATION.—An eligible recipient shall the eligible recipient intends to improve;
‘‘(iv) A draft environmental impact statement. submit to the Secretary an application that, at ‘‘(ii) the performance data eligible recipients
‘‘(v) A final environmental impact statement. a minimum, contains— and the Federal, State, nonprofit, and private
‘‘(vi) A record of decision on the final envi- ‘‘(i) a detailed description of the eligible partners, as described in paragraph (1)(B)(ii), of
ronmental impact statement; and project; the eligible recipient will make available; and
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‘‘(vii) The status of the applicant in securing ‘‘(ii) an identification of all eligible project ‘‘(iii) a proposed incentive formula that makes
the non-Federal match, based on information partners and the specific role of each eligible payments to the eligible recipient based on the
provided by the applicant, including the amount project partner in the eligible project, includ- proposed data and metrics.
committed, budgeted, planned, and undeter- ing— ‘‘(E) DISTRIBUTION.—The Secretary shall dis-
mined. ‘‘(I) private entities engaged in the coordina- tribute funds made available to carry out this
(13) by striking ‘‘an acceptable degree of’’ and tion of nonemergency medical transportation paragraph based upon the number of grant ap-
inserting ‘‘a’’ each place it appears; and services for the transportation disadvantaged; plications approved by the Secretary, number of
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2761
individuals served by each grant, and the incen- ‘‘(IV) leasing facilities and related equipment (B) $60,600,000 for fiscal year 2023;
tive formulas approved by the Secretary using for zero- or reduced-emission passenger ferries; (C) $60,800,000 for fiscal year 2024; and
the following metrics: ‘‘(V) constructing new public transportation (D) $61,200,000 for fiscal year 2025.
‘‘(i) The reduced transportation expenditures facilities to accommodate zero- or reduced-emis- (6) ADMINISTRATIVE EXPENSES.—For adminis-
as a result of improved coordination. sion passenger ferries; trative and related operating expenses of the
‘‘(ii) The reduced Federal and State ‘‘(VI) constructing shoreside ferry charging National Highway Traffic Safety Administra-
healthcare expenditures using the metrics de- infrastructure for zero- or reduced-emission pas- tion in carrying out chapter 4 of title 23, United
scribed in subparagraph (F). senger ferries; or States Code—
‘‘(iii) The reduced private healthcare expendi- ‘‘(VII) rehabilitating or improving existing (A) $30,586,000 for fiscal year 2022;
tures using the metrics described in subpara- public transportation facilities to accommodate (B) $31,000,000 for fiscal year 2023;
graph (F). zero- or reduced-emission passenger ferries; (C) $31,500,000 for fiscal year 2024; and
‘‘(F) HEALTHCARE METRICS.—Healthcare ‘‘(ii) the term ‘zero- or reduced-emission pas- (D) $31,917,000 for fiscal year 2025.
metrics described in this subparagraph shall senger ferry’ means a passenger ferry used to (b) PROHIBITION ON OTHER USES.—Except as
be— provide public transportation that reduces emis- otherwise provided in chapter 4 of title 23,
‘‘(i) reducing missed medical appointments; sions by utilizing onboard energy storage sys- United States Code, and chapter 303 of title 49,
‘‘(ii) the timely discharge of patients from hos- tems for hybrid-electric or 100 percent electric United States Code, the amounts made available
pitals; propulsion, related charging infrastructure, and from the Highway Trust Fund (other than the
‘‘(iii) preventing hospital admissions and re- other technologies deployed to reduce emissions Mass Transit Account) for a program under
ducing readmissions of patients into hospitals; or produce zero onboard emissions under normal such chapters—
operation; and (1) shall only be used to carry out such pro-
and
‘‘(iii) the term ‘recipient’ means a designated gram; and
‘‘(iv) other measureable healthcare metrics, as
recipient, a local government authority, or a (2) may not be used by States or local govern-
determined appropriate by the Secretary, in con-
State that receives a grant under subsection (a). ments for construction purposes.
sultation with the Secretary of Health and
‘‘(B) GENERAL AUTHORITY.—The Secretary (c) APPLICABILITY OF TITLE 23.—Except as
Human Services.
may make grants to recipients to finance eligible otherwise provided in chapter 4 of title 23,
‘‘(G) ELIGIBLE EXPENDITURES.—The Secretary
projects under this paragraph. United States Code, and chapter 303 of title 49,
shall allow the funds distributed by this grant
‘‘(C) GRANT REQUIREMENTS.—A grant under United States Code, amounts made available
program to be expended on eligible activities de-
this paragraph shall be subject to the same under subsection (a) for fiscal years 2022
scribed in paragraph (1)(D) and any eligible ac-
terms and conditions as a grant under sub- through 2025 shall be available for obligation in
tivity under this section that is likely to improve
section (a). the same manner as if such funds were appor-
the metrics described in subparagraph (F).
‘‘(D) COMPETITIVE PROCESS.—The Secretary tioned under chapter 1 of title 23, United States
‘‘(H) RECIPIENT CAP.—The Secretary—
shall solicit grant applications and make grants Code.
‘‘(i) may not provide more than 20 grants
for eligible projects under this paragraph on a (d) REGULATORY AUTHORITY.—Grants award-
under this paragraph; and
competitive basis. ed under chapter 4 of title 23, United States
‘‘(ii) shall reduce the maximum number of
‘‘(E) GOVERNMENT SHARE OF COSTS.— Code, including any amendments made by this
grants under this paragraph to ensure projects
‘‘(i) IN GENERAL.—The Federal share of the title, shall be carried out in accordance with
are fully funded, if necessary.
cost of an eligible project carried out under this regulations issued by the Secretary of Transpor-
‘‘(I) CONSULTATION.—In evaluating the health
paragraph shall not exceed 80 percent. tation.
care metrics described in subparagraph (F), the (e) STATE MATCHING REQUIREMENTS.—If a
Secretary shall consult with the Secretary of ‘‘(ii) NON-FEDERAL SHARE.—The non-Federal
share of the cost of an eligible project carried grant awarded under chapter 4 of title 23,
Health and Human Services. United States Code, requires a State to share in
‘‘(J) ANNUAL GRANTEE REPORT.—Each grantee out under this subsection may be derived from
in-kind contributions.’’. the cost, the aggregate of all expenditures for
shall submit a report, in coordination with the highway safety activities made during a fiscal
project partners of such grantee, that includes SEC. 2916. EVALUATION OF BENEFITS AND FED-
year by the State and its political subdivisions
an evaluation of the outcomes of the grant ERAL INVESTMENT.
(exclusive of Federal funds) for carrying out the
awarded to such grantee, including the perform- Section 5309(h)(4) of title 49, United States
grant (other than planning and administration)
ance measures. Code, is amended by inserting ‘‘, the extent to
shall be available for the purpose of crediting
‘‘(3) REPORT.—The Secretary shall make pub- which the project improves transportation op-
the State during such fiscal year for the non-
licly available an annual report on the program tions to economically distressed areas,’’ after
Federal share of the cost of any other project
carried out under this subsection for each fiscal ‘‘public transportation’’.
carried out under chapter 4 of title 23, United
year, not later than December 31 of the calendar TITLE III—HIGHWAY TRAFFIC SAFETY States Code (other than planning or administra-
year in which that fiscal year ends. The report SEC. 3001. AUTHORIZATION OF APPROPRIATIONS. tion), without regard to whether such expendi-
shall include a detailed description of the activi- tures were made in connection with such
(a) IN GENERAL.—The following sums are au-
ties carried out under the program, and an eval- project.
thorized to be appropriated out of the Highway
uation of the program, including an evaluation (f) GRANT APPLICATION AND DEADLINE.—To
Trust Fund (other than the Mass Transit Ac-
of the performance measures used by eligible re- receive a grant under chapter 4 of title 23,
count):
cipients in consultation with the Secretary of United States Code, a State shall submit an ap-
(1) HIGHWAY SAFETY PROGRAMS.—For carrying
Health and Human Services. plication, and the Secretary of Transportation
out section 402 of title 23, United States Code—
‘‘(4) FEDERAL SHARE.— shall establish a single deadline for such appli-
(A) $378,400,000 for fiscal year 2022;
‘‘(A) IN GENERAL.—The Federal share of the cations to enable the award of grants early in
(B) $382,400,000 for fiscal year 2023;
costs of a project carried out under this sub- the next fiscal year.
(C) $386,500,000 for fiscal year 2024; and
section shall not exceed 80 percent.
(D) $390,400,000 for fiscal year 2025. SEC. 3002. HIGHWAY SAFETY PROGRAMS.
‘‘(B) NON-FEDERAL SHARE.—The non-Federal
(2) HIGHWAY SAFETY RESEARCH AND DEVELOP- Section 402 of title 23, United States Code, is
share of the costs of a project carried out under
MENT.—For carrying out section 403 of title 23, amended—
this subsection may be derived from in-kind con-
United States Code— (1) in subsection (a)—
tributions. (A) $182,495,000 for fiscal year 2022; (A) in paragraph (2)(A)—
‘‘(5) RULE OF CONSTRUCTION.—For purposes of (B) $184,795,000 for fiscal year 2023; (i) in clause (ii) by striking ‘‘occupant protec-
this subsection, nonemergency medical transpor- (C) $187,795,000 for fiscal year 2024; and tion devices (including the use of safety belts
tation services shall be limited to services eligible (D) $190,695,000 for fiscal year 2025. and child restraint systems)’’ and inserting
under Federal programs other than programs (3) NATIONAL PRIORITY SAFETY PROGRAMS.— ‘‘seatbelts’’;
authorized under this chapter.’’. For carrying out section 405 of title 23, United (ii) in clause (vii) by striking ‘‘; and’’ and in-
SEC. 2915. PASSENGER FERRY GRANTS. States Code— serting a semicolon; and
Section 5307(h) of title 49, United States Code, (A) $384,119,000 for fiscal year 2022; (iii) by inserting after clause (viii) the fol-
is amended by adding at the end the following (B) $393,205,000 for fiscal year 2023; lowing:
paragraph: (C) $402,205,000 for fiscal year 2024; and ‘‘(ix) to encourage more widespread and prop-
‘‘(4) ZERO-EMISSION OR REDUCED-EMISSION (D) $411,388,000 for fiscal year 2025. er use of child safety seats (including booster
GRANTS.— (4) NATIONAL DRIVER REGISTER.—For the Na- seats) with an emphasis on underserved popu-
‘‘(A) DEFINITIONS.—In this paragraph— tional Highway Traffic Safety Administration to lations;
‘‘(i) the term ‘eligible project’ means a project carry out chapter 303 of title 49, United States ‘‘(x) to reduce injuries and deaths resulting
or program of projects in an area eligible for a Code— from drivers of motor vehicles not moving to an-
grant under subsection (a) for— (A) $5,700,000 for fiscal year 2022; other traffic lane or reducing the speed of such
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‘‘(I) acquiring zero- or reduced-emission pas- (B) $5,800,000 for fiscal year 2023; driver’s vehicle when law enforcement, fire serv-
senger ferries; (C) $5,900,000 for fiscal year 2024; and ice, emergency medical services, and other emer-
‘‘(II) leasing zero- or reduced-emission pas- (D) $6,000,000 for fiscal year 2025. gency vehicles are stopped or parked on or next
senger ferries; (5) HIGH-VISIBILITY ENFORCEMENT PROGRAM.— to a roadway with emergency lights activated;
‘‘(III) constructing facilities and related For carrying out section 404 of title 23, United and
equipment for zero- or reduced-emission pas- States Code— ‘‘(xi) to increase driver awareness of the dan-
senger ferries; (A) $60,200,000 for fiscal year 2022; gers of pediatric vehicular hyperthermia;’’; and
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H2762 CONGRESSIONAL RECORD — HOUSE June 30, 2020
(B) by adding at the end the following: ‘‘(A) A preference for applicants who are geo- tionment to the States for highway safety pro-
‘‘(3) ADDITIONAL CONSIDERATIONS.—States graphically diverse. grams under section 402(c) in the period begin-
which have legalized medicinal or recreational ‘‘(B) A preference for applicants with a higher ning on October 1, 2015, and ending on Decem-
marijuana shall consider programs in addition average number of traffic fatalities per vehicle ber 4, 2015,’’ and inserting ‘‘section 402(c)(2) in
to the programs described in paragraph (2)(A) to mile traveled. each fiscal year’’; and
educate drivers on the risks associated with ‘‘(C) A preference for applicants whose activi- (3) by striking subsection (h) and redesig-
marijuana-impaired driving and to reduce inju- ties under subparagraphs (A) and (B) of para- nating subsections (i) and (j) as subsections (h)
ries and deaths resulting from individuals driv- graph (6) are expected to have the greatest im- and (i), respectively.
ing motor vehicles while impaired by mari- pact on reducing traffic-related fatalities and SEC. 3005. GRANT PROGRAM TO PROHIBIT RACIAL
juana.’’; injuries, as determined by the Secretary. PROFILING.
(2) in subsection (c)(4)— ‘‘(5) ELIGIBILITY.—A State may receive a Section 403 of title 23, United States Code, as
(A) by striking subparagraph (C); grant under this subsection in a fiscal year if amended by section 3004 of this Act, is further
(B) by redesignating subparagraph (B) as sub- the State demonstrates, to the satisfaction of the amended by adding at the end the following:
paragraph (D); and Secretary, that the State is able to meet the re- ‘‘(j) GRANT PROGRAM TO PROHIBIT RACIAL
(C) by inserting after subparagraph (A) the quirements in paragraph (6). PROFILING.—
following: ‘‘(6) REQUIREMENTS.—In order to receive ‘‘(1) GENERAL AUTHORITY.—Subject to the re-
‘‘(B) SPECIAL RULE FOR SCHOOL AND WORK funds, a State must establish an agreement with quirements of this subsection, the Secretary
ZONES.—Notwithstanding subparagraph (A), a the Secretary to— shall make grants to a State that—
State may expend funds apportioned to that ‘‘(A) identify areas with the highest risk of ‘‘(A) is maintaining and allows public inspec-
State under this section to carry out a program traffic fatalities and injuries; tion of statistical information for each motor ve-
to purchase, operate, or maintain an automated ‘‘(B) determine the most effective counter- hicle stop made by a law enforcement officer on
traffic system in a work zone or school zone. measures to implement in those areas, with pri- a Federal-aid highway in the State regarding
‘‘(C) AUTOMATED TRAFFIC ENFORCEMENT SYS- ority given to countermeasures rated above 3 the race and ethnicity of the driver; or
TEM GUIDELINES.—Any automated traffic en- stars; and ‘‘(B) provides assurances satisfactory to the
forcement system installed pursuant to subpara- ‘‘(C) report annual data under uniform re- Secretary that the State is undertaking activi-
graph (B) shall comply with speed enforcement porting requirements established by the Sec- ties to comply with the requirements of subpara-
camera systems and red light camera systems retary, including— graph (A).
guidelines established by the Secretary.’’; and ‘‘(i) traffic citations, arrests, and other inter- ‘‘(2) USE OF GRANT FUNDS.—A grant received
(3) in subsection (n)— ventions made by law enforcement, including by a State under paragraph (1) shall be used by
(A) by striking ‘‘PUBLIC TRANSPARENCY’’ and such interventions that did not result in arrest the State for the costs of—
all that follows through ‘‘The Secretary’’ and or citation; ‘‘(A) collecting and maintaining data on traf-
inserting the following: ‘‘PUBLIC TRANS- ‘‘(ii) the increase in traffic safety enforcement fic stops; and
PARENCY.— activity supported by these funds; and ‘‘(B) evaluating the results of such data.
‘‘(1) IN GENERAL.—The Secretary’’; and ‘‘(iii) any other metrics the Secretary deter- ‘‘(3) LIMITATIONS.—
(B) by adding at the end the following:
mines appropriate to determine the success of ‘‘(A) MAXIMUM AMOUNT OF GRANTS.—The
‘‘(2) STATE HIGHWAY SAFETY PLAN WEBSITE.—
‘‘(A) IN GENERAL.—In carrying out the re- the grant. total amount of grants made to a State under
quirements of paragraph (1), the Secretary shall ‘‘(7) USE OF FUNDS.— this section in a fiscal year may not exceed 5
‘‘(A) IN GENERAL.—Grant funds received by a percent of the amount made available to carry
establish a public website that is easily acces-
State under this subsection may be used for— out this section in the fiscal year.
sible, navigable, and searchable for the informa-
‘‘(i) implementing effective countermeasures ‘‘(B) ELIGIBILITY.—On or after October 1,
tion required under paragraph (1), in order to
determined under paragraph (6); and 2022, a State may not receive a grant under
foster greater transparency in approved State
‘‘(ii) law enforcement-related expenses, such paragraph (1)(B) in more than 2 fiscal years.
highway safety programs.
as officer training, overtime, technology, and ‘‘(4) FUNDING.—
‘‘(B) CONTENTS.—The website established
equipment, if the Secretary determines effective ‘‘(A) IN GENERAL.—From funds made available
under subparagraph (A) shall—
‘‘(i) include each State highway safety plan countermeasures have been implemented suc- under this section, the Secretary shall set aside
and annual report submitted and approved by cessfully and the Secretary provides approval. $7,500,000 for each fiscal year to carry out this
the Secretary under subsection (k); ‘‘(B) BROADCAST AND PRINT MEDIA.—Up to 5 subsection.
‘‘(ii) provide a means for the public to search percent of grant funds received by a State under ‘‘(B) OTHER USES.—The Secretary may reallo-
such website for State highway safety program this subsection may be used for the development, cate, before the last day of any fiscal year,
content required in subsection (k), including— production, and use of broadcast and print amounts remaining available under subpara-
‘‘(I) performance measures required by the media advertising in carrying out traffic safety graph (A) to increase the amounts made avail-
Secretary under paragraph (3)(A); law enforcement efforts under this subsection. able to carry out any other activities authorized
‘‘(II) progress made toward meeting the ‘‘(8) ALLOCATION.—Grant funds allocated to a under this section in order to ensure, to the
State’s performance targets for the previous State under this subsection for a fiscal year maximum extent possible, that all such amounts
year; shall be in proportion to the State’s apportion- are obligated during such fiscal year.’’.
‘‘(III) program areas and expenditures; and ment under subsection (c)(2) for the fiscal year. SEC. 3006. HIGH-VISIBILITY ENFORCEMENT PRO-
‘‘(IV) a description of any sources of funds ‘‘(9) MAINTENANCE OF EFFORT.—No grant may GRAM.
other than funds provided under this section be made to a State in any fiscal year under this Section 404 of title 23, United States Code, is
that the State proposes to use to carry out the subsection unless the State enters into such an amended—
State highway safety plan of such State.’’. agreement with the Secretary, as the Secretary (1) in subsection (a) by striking ‘‘3 campaigns
SEC. 3003. TRAFFIC SAFETY ENFORCEMENT may require, to ensure that the State will main- will be carried out in each of fiscal years 2016
GRANTS. tain its aggregate expenditures from all State through 2020’’ and inserting ‘‘6 campaigns will
Section 402 of title 23, United States Code, as and local sources for activities carried out in ac- be carried out in each of fiscal years 2022
amended by section 3002 of this Act, is further cordance with this subsection at or above the through 2025’’;
amended by inserting after subsection (k) the average level of expenditures in the 2 fiscal (2) in subsection (b)—
following: years preceding the date of enactment of this (A) in paragraph (1) by striking ‘‘or drug-im-
‘‘(l) TRAFFIC SAFETY ENFORCEMENT GRANTS.— subsection. paired’’;
‘‘(1) GENERAL AUTHORITY.—Subject to the re- ‘‘(10) ANNUAL EVALUATION AND REPORT TO (B) in paragraph (2) by striking ‘‘Increase use
quirements under this subsection, the Secretary CONGRESS.—The Secretary shall conduct an an- of seatbelts’’ and inserting ‘‘Increase proper use
shall award grants to States for the purpose of nual evaluation of the effectiveness of grants of seatbelts and child restraints’’;
carrying out top-rated traffic safety enforce- awarded under this subsection and shall submit (C) by redesignating paragraph (2) as para-
ment countermeasures to reduce traffic-related to the Committee on Transportation and Infra- graph (3);
injuries and fatalities. structure of the House of Representatives and (D) by inserting after paragraph (1) the fol-
‘‘(2) EFFECTIVE COUNTERMEASURE DEFINED.— the Committee on Commerce, Science, and lowing:
In this subsection, the term ‘effective counter- Transportation of the Senate an annual report ‘‘(2) Reduce drug-impaired operation of motor
measure’ means a countermeasure rated 3, 4, or on the effectiveness of the grants.’’. vehicles.’’; and
5 stars in the most recent edition of the National SEC. 3004. HIGHWAY SAFETY RESEARCH AND DE- (E) by adding at the end the following:
Highway Traffic Safety Administration’s Coun- VELOPMENT. ‘‘(4) Reduce texting through a personal wire-
termeasures That Work highway safety guide. Section 403 of title 23, United States Code, is less communications device by drivers while op-
‘‘(3) FUNDING.—Notwithstanding the appor- amended— erating a motor vehicle.
tionment formula set forth in section 402(c)(2), (1) in subsection (b) by inserting ‘‘, training,’’ ‘‘(5) Reduce violations of move over laws of a
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the Secretary shall set aside $35,000,000 of the after ‘‘demonstration projects’’; State that require motorists to change lanes or
funds made available under this section for each (2) in subsection (f)(1)— slow down when law enforcement, fire service,
fiscal year to be allocated among up to 10 (A) by striking ‘‘$2,500,000’’ and inserting emergency medical services and other emergency
States. ‘‘$3,500,000’’; and vehicles are stopped or parked on or next to a
‘‘(4) SELECTION CRITERIA.—The Secretary (B) by striking ‘‘subsection 402(c) in each fis- roadway with emergency lights activated.’’;
shall select up to 10 applicants based on the fol- cal year ending before October 1, 2015, and (3) by redesignating subsections (e) and (f) as
lowing criteria: $443,989 of the total amount available for appor- subsections (g) and (h), respectively;
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2763
(4) by inserting after subsection (d) the fol- ‘‘(III) purchase and distribute child safety interlock period immediately preceding the date
lowing: seats to low-income and underserved popu- of release, without a confirmed violation of driv-
‘‘(e) FREQUENCY.—Each campaign adminis- lations; and’’; and ing under the influence of alcohol or driving
tered under this section shall occur not less than (B) in subparagraph (B)— while intoxicated.’’;
once in each of fiscal years 2022 through 2025 (i) by striking ‘‘100 percent’’ and inserting ‘‘90 (6) in subsection (e)—
with the exception of campaigns to reduce alco- percent’’; and (A) in paragraph (1) by striking ‘‘paragraphs
hol-impaired operation of motor vehicles which (ii) by adding at the end the following: ‘‘The (2) and (3)’’ and inserting ‘‘paragraph (2)’’;
shall occur not less than twice in each of fiscal remaining 10 percent of such funds shall be used (B) in paragraph (4)—
years 2022 through 2025. to carry out subsection (A)(v).’’; (i) by striking ‘‘paragraph (2) or (3)’’ and in-
‘‘(f) COORDINATION OF DYNAMIC HIGHWAY (4) by striking subsection (c)(4) and inserting serting ‘‘paragraph (3) or (4)’’;
MESSAGE SIGNS.—During the time a State is car- the following: (ii) in subparagraph (A) by striking ‘‘commu-
rying out a campaign, the Secretary shall co- ‘‘(4) USE OF GRANT AMOUNTS.—Grant funds nications device to contact emergency services’’
ordinate with States carrying out the campaigns received by a State under this subsection shall and inserting ‘‘communications device during
under this section on the use of dynamic high- be used for— an emergency to contact emergency services or
way message signs to support national high-visi- ‘‘(A) making data program improvements to to prevent injury to persons or property’’;
bility advertising and education efforts associ- core highway safety databases related to quan- (iii) in subparagraph (C) by striking ‘‘; and’’
ated with the campaigns.’’; and tifiable, measurable progress in any of the 6 sig- and inserting a semicolon;
(5) in subsection (g), as so redesignated— nificant data program attributes set forth in (iv) by redesignating subparagraph (D) as
(A) by redesignating paragraph (2) as para- paragraph (3)(D); subparagraph (E); and
graph (3); ‘‘(B) developing or acquiring programs to (v) by inserting after subparagraph (C) the
(B) by inserting after paragraph (1) the fol- identify, collect, and report data to State and following:
lowing: local government agencies, and enter data, in- ‘‘(D) a driver who uses a personal wireless
‘‘(2) DYNAMIC HIGHWAY MESSAGE SIGN.—The cluding crash, citation and adjudication, driver, communication device for navigation; and’’;
term ‘dynamic highway message sign’ means a emergency medical services or injury surveil- (C) in paragraph (5)(A)(i) by striking ‘‘texting
traffic control device that is capable of dis- lance system, roadway, and vehicle, into the or using a cell phone while’’ and inserting ‘‘dis-
playing one or more alternative messages which core highway safety databases of a State; tracted’’;
convey information to occupants of motor vehi- ‘‘(C) purchasing equipment to improve proc- (D) in paragraph (7) by striking ‘‘Of the
cles.’’; and esses by which data is identified, collected, and amounts’’ and inserting ‘‘In addition to the
(C) by adding at the end the following: reported to State and local government agencies; amounts authorized under section 404 and of
‘‘(4) TEXTING.—The term ‘texting’ has the ‘‘(D) linking core highway safety databases of the amounts’’;
meaning given such term in section 405(e).’’. a State with such databases of other States or (E) in paragraph (9)—
SEC. 3007. NATIONAL PRIORITY SAFETY PRO- with other data systems within the State, in- (i) by striking subparagraph (B) and inserting
GRAMS. cluding systems that contain medical, roadway, the following:
(a) IN GENERAL.—Section 405 of title 23, and economic data; ‘‘(B) PERSONAL WIRELESS COMMUNICATIONS
United States Code, is amended— ‘‘(E) improving the compatibility and inter- DEVICE.—The term ‘personal wireless commu-
(1) in subsection (a)— operability of the core highway safety databases nications device’ means—
(A) in paragraph (1) by striking ‘‘13 percent’’ of the State with national data systems and ‘‘(i) until the date on which the Secretary
and inserting ‘‘12.85 percent’’; data systems of other States; issues a regulation pursuant to paragraph
(B) in paragraph (2) by striking ‘‘14.5 per- ‘‘(F) enhancing the ability of a State and the (8)(A), a device through which personal services
cent’’ and inserting ‘‘14.3 percent’’; Secretary to observe and analyze local, State, (as such term is defined in section 332(c)(7)(C)(i)
(C) in paragraph (3) by striking ‘‘52.5 per- and national trends in crash occurrences, rates, of the Communications Act of 1934 (47 U.S.C.
cent’’ and inserting ‘‘51.75 percent’’; outcomes, and circumstances; 332(c)(7)(C)(i)) are transmitted, but not includ-
(D) in paragraph (4) by striking ‘‘8.5 percent’’ ‘‘(G) supporting traffic records-related train- ing the use of such a device as a global naviga-
and inserting ‘‘8.3 percent’’; ing and related expenditures for law enforce- tion system receiver used for positioning, emer-
(E) in paragraph (6) by striking ‘‘5 percent’’ ment, emergency medical, judicial, prosecu- gency notification, or navigation purposes; and
and inserting ‘‘4.9 percent’’; torial, and traffic records professionals; ‘‘(ii) on and after the date on which the Sec-
(F) in paragraph (7) by striking ‘‘5 percent’’ ‘‘(H) hiring traffic records professionals, in- retary issues a regulation pursuant to para-
and inserting ‘‘4.9 percent’’; cluding a Fatality Analysis Reporting System li- graph (8)(A), the definition described in such
(G) in paragraph (8)— aison for a State; and regulation.’’; and
(i) by striking ‘‘paragraphs (1) through (7)’’ ‘‘(I) conducting research on State traffic safe- (ii) by striking subparagraph (E) and insert-
and inserting ‘‘paragraphs (1) through (8)’’; ty information systems, including developing ing the following:
(ii) by striking ‘‘subsection (b) through (h)’’ and evaluating programs to improve core high- ‘‘(E) TEXTING.—The term ‘texting’ means—
and inserting ‘‘subsections (b) through (i)’’; and way safety databases of such State and proc- ‘‘(i) until the date on which the Secretary
(iii) by inserting ‘‘to carry out any of the esses by which data is identified, collected, re- issues a regulation pursuant to paragraph
other activities described in such subsections, or ported to State and local government agencies, (8)(A), reading from or manually entering data
the amount made available’’ before ‘‘under sec- and entered into such core safety databases.’’; into a personal wireless communications device,
tion 402(c)(2)’’; (5) by striking subsection (d)(6)(A) and insert- including doing so for the purpose of SMS
(H) in paragraph (9)(A) by striking ‘‘date of ing the following: texting, emailing, instant messaging, or engag-
enactment of the FAST Act’’ and inserting ‘‘(A) GRANTS TO STATES WITH ALCOHOL-IGNI- ing in any other form of electronic data retrieval
‘‘date of enactment of the INVEST in America TION INTERLOCK LAWS.—The Secretary shall or electronic data communication; and
Act’’; make a separate grant under this subsection to ‘‘(ii) on and after the date on which the Sec-
(I) by redesignating paragraphs (8) and (9) as each State that— retary issues a regulation pursuant to para-
paragraphs (9) and (10), respectively; and ‘‘(i) adopts and is enforcing a mandatory al- graph (8)(A), the definition described in such
(J) by inserting after paragraph (7) the fol- cohol-ignition interlock law for all individuals regulation.’’;
lowing: arrested or convicted of driving under the influ- (F) by striking paragraphs (2), (3), (6), and
‘‘(8) DRIVER AND OFFICER SAFETY EDU- ence of alcohol or of driving while intoxicated; (8);
CATION.—In each fiscal year, 1.5 percent of the ‘‘(ii) does not allow any individual arrested or (G) by redesignating paragraphs (4) and (5) as
funds provided under this section shall be allo- convicted of driving under the influence of alco- paragraphs (5) and (6), respectively;
cated among States that meet the requirements hol or driving while intoxicated to drive a motor (H) by inserting after paragraph (1) the fol-
with respect to driver and officer safety edu- vehicle unless such individual installs an igni- lowing:
cation (as described in subsection (i)).’’; tion interlock for a minimum 6-month interlock ‘‘(2) ALLOCATION.—
(2) in subsection (c)(3)(E) by striking ‘‘5’’ and period; or ‘‘(A) IN GENERAL.—Subject to subparagraphs
inserting ‘‘10’’; ‘‘(iii) has— (B) and (C), the allocation of grant funds to a
(3) in subsection (b)(4)— ‘‘(I) enacted and is enforcing a state law re- State under this subsection for a fiscal year
(A) in subparagraph (A) by striking clause (v) quiring all individuals convicted of, or whose shall be in proportion to the State’s apportion-
and inserting the following: driving privilege is revoked or denied for, refus- ment under section 402 for fiscal year 2009.
‘‘(v) implement programs in low-income and ing to submit to a chemical or other test for the ‘‘(B) PRIMARY OFFENSE LAWS.—A State that
underserved populations to— purpose of determining the presence or con- has enacted and is enforcing a law that meets
‘‘(I) recruit and train occupant protection centration of any intoxicating substance to in- the requirements set forth in paragraphs (3) and
safety professionals, nationally certified child stall an ignition interlock for a minimum 6- (4) as a primary offense shall be allocated 100
passenger safety technicians, police officers, fire month interlock period; and percent of the amount calculated under sub-
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and emergency medical personnel, and edu- ‘‘(II) a compliance-based removal program in paragraph (A).
cators serving low-income and underserved pop- which an individual arrested or convicted of ‘‘(C) SECONDARY OFFENSE LAWS.—A State that
ulations; driving under the influence of alcohol or driving has enacted and is enforcing a law that meets
‘‘(II) educate parents and caregivers in low- while intoxicated shall install an ignition inter- the requirements set forth in paragraphs (3) and
income and underserved populations about the lock for a minimum 6-month interlock period (4) as a secondary offense shall be allocated 50
proper use and installation of child safety seats; and have completed a minimum consecutive pe- percent of the amount calculated under sub-
and riod of not less than 40 percent of the required paragraph (A).
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H2764 CONGRESSIONAL RECORD — HOUSE June 30, 2020
‘‘(3) PROHIBITION ON HANDHELD PERSONAL years of age, except when a parent, guardian, ‘‘(A) DRIVER EDUCATION AND DRIVING SAFETY
WIRELESS COMMUNICATION DEVICE USE WHILE driving instructor, or licensed driver who is at COURSES.—Inclusion, in driver education and
DRIVING.—A State law meets the requirements least 21 years of age is in the motor vehicle. driver safety courses provided to individuals by
set forth in this paragraph if the law— ‘‘(B) TIER 2 STATE.—A State shall be eligible educational and motor vehicle agencies of the
‘‘(A) prohibits a driver from holding or using, for a grant under this subsection as a Tier 2 State, of instruction and testing concerning law
including texting, a personal wireless commu- State if such State requires novice drivers enforcement practices during traffic stops, in-
nications device while driving, except for the younger than 18 years of age to comply with a cluding information on—
use of a personal wireless communications de- 2-stage graduated driver licensing process before ‘‘(i) the role of law enforcement and the duties
vice— receiving an unrestricted driver’s license that and responsibilities of peace officers;
‘‘(i) in a hands-free manner or with a hands- includes— ‘‘(ii) an individual’s legal rights concerning
free accessory, or ‘‘(i) a learner’s permit stage that— interactions with peace officers;
‘‘(ii) to activate or deactivate a feature or ‘‘(I) is at least 180 days in duration; ‘‘(iii) best practices for civilians and peace of-
function of the personal wireless communica- ‘‘(II) requires that the driver be accompanied ficers during such interactions;
tions device; and supervised at all times; and ‘‘(iv) the consequences for an individual’s or
‘‘(B) establishes a fine for a violation of the ‘‘(III) has a requirement that the driver obtain officer’s failure to comply with those laws and
law; and at least 50 hours of behind-the-wheel training, programs; and
‘‘(C) does not provide for an exemption that with at least 10 hours at night, with a super- ‘‘(v) how and where to file a complaint
specifically allows a driver to hold or use a per- visor; and against or a compliment on behalf of a peace of-
sonal wireless communication device while ‘‘(ii) an intermediate stage that— ficer.
stopped in traffic. ‘‘(I) commences immediately after the expira- ‘‘(B) PEACE OFFICER TRAINING PROGRAMS.—
‘‘(4) PROHIBITION ON PERSONAL WIRELESS COM- tion of the learner’s permit stage; Development and implementation of a training
MUNICATION DEVICE USE WHILE DRIVING OR ‘‘(II) is at least 180 days in duration; and program, including instruction and testing ma-
STOPPED IN TRAFFIC.—A State law meets the re- ‘‘(III) for the first 180 days of the intermediate terials, for peace officers and reserve law en-
quirements set forth in this paragraph if the stage, restricts the driver from— forcement officers (other than officers who have
law— ‘‘(aa) driving at night between the hours of received training in a civilian course described
‘‘(A) prohibits a driver from holding or using 10:00 p.m. and at least 4:00 a.m. except— in subparagraph (A)) with respect to proper
a personal wireless communications device while ‘‘(AA) when a parent, guardian, driving in- interaction with civilians during traffic stops.
driving if the driver is— structor, or licensed driver who is at least 21 ‘‘(4) GRANT AMOUNT.—The allocation of grant
‘‘(i) younger than 18 years of age; or years of age is in the motor vehicle; and funds to a State under this subsection for a fis-
‘‘(ii) in the learner’s permit or intermediate li- ‘‘(BB) when driving to and from work, school cal year shall be in proportion to the State’s ap-
cense stage described in subparagraph (A) or (B) and school-related activities, religious activities, portionment under section 402 for fiscal year
of subsection (g)(2); for emergencies, or as a member of voluntary 2009.
‘‘(B) establishes a fine for a violation of the emergency service; and ‘‘(5) SPECIAL RULE FOR CERTAIN STATES.—
law; and ‘‘(bb) operating a motor vehicle with any non- ‘‘(A) QUALIFYING STATE.—A State qualifies
‘‘(C) does not provide for an exemption that familial passenger younger than 18 years of age, pursuant to this subparagraph if—
specifically allows a driver to use a personal except when a parent, guardian, driving in- ‘‘(i) the Secretary determines such State has
wireless communication device while stopped in structor, or licensed driver who is at least 21 taken meaningful steps toward the full imple-
traffic.’’; and years of age is in the motor vehicle.’’; mentation of a law or program described in
(I) by inserting after paragraph (7) the fol- (C) in paragraph (3)—
paragraph (3);
lowing: (i) in subparagraph (A) by inserting ‘‘sub-
‘‘(ii) the Secretary determines such State has
‘‘(8) RULEMAKING.—Not later than 1 year after paragraphs (A) and (B) of’’ before ‘‘paragraph
established a timetable for the implementation of
the date of enactment of this paragraph, the (2)’’; and
such a law or program; and
Secretary shall issue such regulations as are (ii) in subparagraph (B) by inserting ‘‘sub-
‘‘(iii) such State has received a grant pursu-
necessary to account for diverse State ap- paragraphs (A) and (B) of’’ before ‘‘paragraph
ant to this subsection for a period of not more
proaches to combating distracted driving that— (2)’’ each place such term appears;
than 5 years.
‘‘(A) defines the terms personal wireless com- (D) in paragraph (4) by striking ‘‘such fiscal
‘‘(B) WITHHOLDING.—With respect to a State
munications device and texting for the purposes year’’ and inserting ‘‘fiscal year 2009’’; and
(E) by striking paragraph (5) and inserting that qualifies pursuant to subparagraph (A),
of this subsection; and
‘‘(B) determines additional permitted excep- the following: the Secretary shall—
‘‘(5) USE OF FUNDS.— ‘‘(i) withhold 50 percent of the amount that
tions that are appropriate for a State law that
‘‘(A) TIER 1 STATES.—A Tier 1 State shall use such State would otherwise receive if such State
meets the requirements under paragraph (3) or
grant funds provided under this subsection for— were a State described in paragraph (1)(A); and
(4).’’;
(7) in subsection (g)— ‘‘(i) enforcing a 2-stage licensing process that ‘‘(ii) direct any such amounts for distribution
(A) in paragraph (1) by inserting ‘‘subpara- complies with paragraph (2); among the States that are enforcing and car-
graphs (A) and (B) of’’ before ‘‘paragraph (2)’’; ‘‘(ii) training for law enforcement personnel rying out a law or program described in para-
(B) by striking paragraph (2) and inserting and other relevant State agency personnel relat- graph (3).
the following: ing to the enforcement described in clause (i); ‘‘(6) USE OF GRANT AMOUNTS.—A State receiv-
‘‘(2) MINIMUM REQUIREMENTS.— ‘‘(iii) publishing relevant educational mate- ing a grant under this subsection may use such
‘‘(A) TIER 1 STATE.—A State shall be eligible rials that pertain directly or indirectly to the grant—
for a grant under this subsection as a Tier 1 State graduated driver licensing law; ‘‘(A) for the production of educational mate-
State if such State requires novice drivers ‘‘(iv) carrying out other administrative activi- rials and training of staff for driver education
younger than 18 years of age to comply with a ties that the Secretary considers relevant to the and driving safety courses and peace officer
2-stage graduated driver licensing process before State’s 2-stage licensing process; or training described in paragraph (3); and
receiving an unrestricted driver’s license that ‘‘(v) carrying out a teen traffic safety program ‘‘(B) for the implementation of the law de-
includes— described in section 402(m). scribed in paragraph (3).’’.
‘‘(i) a learner’s permit stage that— ‘‘(B) TIER 2 STATES .—Of the grant funds (b) CONFORMING AMENDMENT.—Sections 402,
‘‘(I) is at least 180 days in duration; made available to a Tier 2 State under this sub- 403, and 405 of title 23, United States Code, are
‘‘(II) requires that the driver be accompanied section— amended—
and supervised at all times; and ‘‘(i) 25 percent shall be used for any activity (1) by striking ‘‘accidents’’ and inserting
‘‘(III) has a requirement that the driver obtain described in subparagraph (A); and ‘‘crashes’’ each place it appears; and
at least 40 hours of behind-the-wheel training ‘‘(ii) 75 percent may be used for any project or (2) by striking ‘‘accident’’ and inserting
with a supervisor; and activity eligible under section 402.’’; and ‘‘crash’’ each place it appears.
‘‘(ii) an intermediate stage that— (8) by adding at the end the following: SEC. 3008. MINIMUM PENALTIES FOR REPEAT OF-
‘‘(I) commences immediately after the expira- ‘‘(i) DRIVER AND OFFICER SAFETY EDU- FENDERS FOR DRIVING WHILE IN-
tion of the learner’s permit stage; CATION.— TOXICATED OR DRIVING UNDER THE
‘‘(II) is at least 180 days in duration; and ‘‘(1) GENERAL AUTHORITY.—Subject to the re- INFLUENCE.
‘‘(III) for the first 180 days of the intermediate quirements under this subsection, the Secretary Section 164(b)(1) of title 23, United States
stage, restricts the driver from— shall award grants to— Code, is amended—
‘‘(aa) driving at night between the hours of ‘‘(A) States that enact a commuter safety edu- (1) in subparagraph (A) by striking ‘‘alcohol-
11:00 p.m. and at least 4:00 a.m. except— cation program; and impaired’’ and inserting ‘‘alcohol or
‘‘(AA) when a parent, guardian, driving in- ‘‘(B) States qualifying under paragraph polysubstance-impaired’’; and
structor, or licensed driver who is at least 21 (5)(A). (2) in subparagraph (B)—
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years of age is in the motor vehicle; and ‘‘(2) FEDERAL SHARE.—The Federal share of (A) by striking ‘‘alcohol-impaired’’ and insert-
‘‘(BB) when driving to and from work, school the costs of activities carried out using amounts ing ‘‘alcohol or polysubstance-impaired’’;
and school-related activities, religious activities, from a grant awarded under this subsection may (B) by striking ‘‘or’’ and inserting a comma;
for emergencies, or as a member of voluntary not exceed 80 percent. and
emergency service; and ‘‘(3) ELIGIBILITY.—To be eligible for a grant (C) by inserting ‘‘, or driving while
‘‘(bb) operating a motor vehicle with more under this subsection, a State shall enact a law polysubstance-impaired’’ after ‘‘driving under
than 1 nonfamilial passenger younger than 18 or adopt a program that requires the following: the influence’’.
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2765
SEC. 3009. NATIONAL PRIORITY SAFETY PRO- tration on transportation issues of concern to (ii) The Committee on Environment and Pub-
GRAM GRANT ELIGIBILITY. motorcyclists, including— lic Works of the Senate.
Section 4010(2) of the FAST Act (23 U.S.C. 405 (A) barrier design; (iii) The Committee on Commerce, Science,
note) is amended by striking ‘‘deficiencies’’ and (B) road design, construction, and mainte- and Transportation of the Senate.
inserting ‘‘all deficiencies’’. nance practices; and (iv) The Subcommittee on Transportation, and
SEC. 3010. IMPLICIT BIAS RESEARCH AND TRAIN- (C) the architecture and implementation of in- Housing and Urban Development, and Related
ING GRANTS. telligent transportation system technologies. Agencies of the Committee on Appropriations of
(a) IN GENERAL.—The Secretary of Transpor- (2) BIENNIAL COUNCIL REPORT.— the House of Representatives.
tation shall make grants to institutions of high- (A) IN GENERAL.—The Council shall submit a (v) The Subcommittee on Transportation, and
er education (as such term is defined in section report to the Secretary containing the Council’s Housing and Urban Development, and Related
101 of the Higher Education Act of 1965 (20 recommendations regarding the issues described Agencies of the Committee on Appropriations of
U.S.C. 1001) for research and training in the op- in paragraph (1) on which the Council provides the Senate.
eration or establishment of an implicit bias advice pursuant to such paragraph. (B) CONTENTS.—A report submitted under this
training program as it relates to racial profiling (B) TIMING.—Not later than October 31 of the subsection shall include—
at traffic stops. calendar year following the calendar year in (i) a list containing—
(b) QUALIFICATIONS.—To be eligible for a which the Council is established, and by every (I) each recommendation contained in the
grant under this section, an institution of high- 2nd October 31 thereafter, the Council shall sub- Council report described in paragraph (1); and
er education shall— mit the report required under this paragraph. (II) each recommendation indicated as under
(1) have an active research program or dem- (d) MEMBERSHIP.— consideration in the previous report submitted
onstrate, to the satisfaction of the Secretary, (1) IN GENERAL.—The Council shall be com- under this subsection; and
that the applicant is beginning a research pro- prised of 12 members appointed by the Secretary (ii) for each such recommendation, whether it
gram to study implicit bias as it relates to racial as follows: is accepted, rejected, or under consideration by
profiling before and during traffic stops; and (A) Five experts from State or local govern- the Secretary.
(2) partner with State and local police depart- ment on highway engineering issues, includ- (3) ADMINISTRATIVE AND TECHNICAL SUP-
ments to conduct the research described in para- ing— PORT.—The Secretary shall provide such admin-
graph (1) and carry out the implementation of (i) barrier design; istrative support, staff, and technical assistance
(ii) road design, construction, and mainte- to the Council as the Secretary determines to be
implicit bias training with State and local police
nance; or necessary for the Council to carry out its duties.
departments.
(iii) intelligent transportation systems. (g) DEFINITIONS.—In this section:
(c) REPORT.—No later than 1 year after a
(B) One State or local traffic and safety engi- (1) COUNCIL REPORT.—The term ‘‘Council re-
grant has been awarded under this section, the
neer, design engineer, or other transportation port’’ means the report described in subsection
institution of higher education awarded the
department official who is a motorcyclist. (f)(2).
grant shall submit to the Committee on Trans- (C) One representative from a national asso-
portation and Infrastructure of the House of (2) SECRETARY.—The term ‘‘Secretary’’ means
ciation of State transportation officials. the Secretary of Transportation.
Representatives and the Committee on Com- (D) One representative from a national motor-
merce, Science, and Transportation of the Sen- SEC. 3014. REPORT ON MARIJUANA RESEARCH.
cyclist association.
ate a report summarizing the research on im- (E) One representative from a national motor- (a) IN GENERAL.—Not later than 2 years after
plicit bias as it relates to racial profiling before cyclist foundation. the date of enactment of this Act, the Secretary
and during traffic stops, and recommendations (F) One representative from a national motor- of Transportation, in consultation with the At-
on effective interventions and trainings. cycle manufacturing association. torney General and the Secretary of Health and
(d) AUTHORIZATION OF APPROPRIATIONS.— (G) One roadway safety data expert on crash Human Services, shall submit to the Committee
There are authorized to be appropriated testing and analysis. on Transportation and Infrastructure of the
$10,000,000 for each fiscal year to carry out this (H) One member of a national safety organi- House of Representatives and the Committee on
section. zation that represents the traffic safety systems Commerce, Science, and Transportation of the
(e) DEFINITIONS.—In this section, the term industry. Senate, and make publicly available on the De-
‘‘implicit bias training program’’ means a pro- (2) DURATION.— partment of Transportation website, a report
gram that looks at the attitudes, stereotypes, (A) TERM.—Subject to subparagraphs (B) and and recommendations on—
and lenses human beings develop through var- (C), each member shall serve one term of 2 years. (1) increasing and improving access, for sci-
ious experiences in life that can unconsciously (B) ADDITIONAL TERMS.—If a successor is not entific researchers studying impairment while
affect how they interact with one another. designated for a member before the expiration of driving under the influence of marijuana, to
SEC. 3011. STOP MOTORCYCLE CHECKPOINT the term the member is serving, the member may samples and strains of marijuana and products
FUNDING. serve another term. containing marijuana lawfully being offered to
Section 4007 of the FAST Act (23 U.S.C. 153 (C) APPOINTMENT OF REPLACEMENTS.—If a patients or consumers in a State on a retail
note) is amended— member resigns before serving a full 2-year term, basis;
(1) in paragraph (1) by striking ‘‘or’’ at the the Secretary may appoint a replacement for (2) establishing a national clearinghouse to
end; such member to serve the remaining portion collect and distribute samples and strains of
(2) in paragraph (2) by striking the period at such term. A member may continue to serve after marijuana for scientific research that includes
the end and inserting ‘‘; or’’; and resignation until a successor has been ap- marijuana and products containing marijuana
(3) by adding at the end the following: pointed. A vacancy in the Council shall be filled lawfully available to patients or consumers in a
‘‘(3) otherwise profile and stop motorcycle op- in the manner in which the original appoint- State on a retail basis;
erators or motorcycle passengers using as a fac- ment was made. (3) facilitating access, for scientific research-
tor the clothing or mode of transportation of (3) COMPENSATION.—Members shall serve ers located in States that have not legalized
such operators or passengers.’’. without compensation. marijuana for medical or recreational use, to
SEC. 3012. ELECTRONIC DRIVER’S LICENSE. (e) TERMINATION.—The Council shall termi- samples and strains of marijuana and products
nate 6 years after the date of its establishment. containing marijuana from such clearinghouse
(a) REAL ID ACT.—Section 202(a)(1) of the
(f) DUTIES OF THE SECRETARY.— for purposes of research on marijuana-impaired
REAL ID Act of 2005 (49 U.S.C. 30301 note) is
(1) ACCEPT OR REJECT RECOMMENDATION.— driving; and
amended by striking ‘‘a driver’s license or iden-
(A) SECRETARY DETERMINES.—The Secretary (4) identifying Federal statutory and regu-
tification card’’ and inserting ‘‘a physical or
shall determine whether to accept or reject a latory barriers to the conduct of scientific re-
digital driver’s license or identification card’’.
recommendation contained in a Council report. search and the establishment of a national
(b) TITLE 18.—Section 1028(d)(7)(A) of title 18, (B) TIMING.— clearinghouse for purposes of facilitating re-
United States Code, is amended by striking (i) MUST ACCEPT OR REJECT.—The Secretary search on marijuana-impaired driving.
‘‘government issued driver’s license’’ and insert- must indicate in each report submitted under (b) DEFINITION OF MARIJUANA.—In this sec-
ing ‘‘government issued physical or digital driv- this section the Secretary’s acceptance or rejec- tion, the term ‘‘marijuana’’ has the meaning
er’s license’’. tion of each recommendation listed in such re- given such term in section 4008 of the FAST Act
SEC. 3013. MOTORCYCLIST ADVISORY COUNCIL. port. (Public Law 114–94).
(a) SHORT TITLE.—This section may be cited (ii) EXCEPTION.—The Secretary may indicate TITLE IV—MOTOR CARRIER SAFETY
as the ‘‘Motorcyclist Advisory Council Reau- in a report submitted under this section that a
thorization Act’’. recommendation is under consideration. If the Subtitle A—Motor Carrier Safety Grants,
(b) ESTABLISHMENT.—Not later than 90 days Secretary does so, the Secretary must accept or Operations, and Programs
after the date of enactment of this Act, the Sec- reject the recommendation in the next report SEC. 4101. MOTOR CARRIER SAFETY GRANTS.
retary of Transportation shall establish a Mo- submitted under this section. (a) IN GENERAL.—Section 31104 of title 49,
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torcyclist Advisory Council (in this section re- (2) REPORT.— United States Code, is amended—
ferred to as the ‘‘Council’’). (A) IN GENERAL.—Not later than 60 days after (1) by striking subsection (a) and inserting the
(c) DUTIES.— the Secretary receives a Council report, the Sec- following:
(1) ADVISING.—The Council shall advise the retary shall submit a report to the following ‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.—The
Secretary, the Administrator of the National committees and subcommittees: following sums are authorized to be appro-
Highway Traffic Safety Administration, and the (i) The Committee on Transportation and In- priated from the Highway Trust Fund (other
Administrator of the Federal Highway Adminis- frastructure of the House of Representatives. than the Mass Transit Account):
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H2766 CONGRESSIONAL RECORD — HOUSE June 30, 2020
‘‘(1) MOTOR CARRIER SAFETY ASSISTANCE PRO- ‘‘(A) in which the State prohibits private com- found to have a violation or defect included in
GRAM.—Subject to paragraph (2) and subsection mercial driving schools or independent commer- the list developed under subparagraph (B).
(c), to carry out section 31102 (except subsection cial driver’s license testing facilities from offer- ‘‘(D) USE OF FUNDS.— Grant funds provided
(l))— ing a commercial driver’s license skills test as a under this paragraph may be used for—
‘‘(A) $388,950,000 for fiscal year 2022; third-party tester; or ‘‘(i) the immobilization or impoundment of
‘‘(B) $398,700,000 for fiscal year 2023; ‘‘(B) in which a State fails to report to the passenger-carrying commercial motor vehicles
‘‘(C) $408,900,000 for fiscal year 2024; and Administrator of the Federal Motor Carrier found to have a violation or defect included in
‘‘(D) $418,425,000 for fiscal year 2025. Safety Administration, during the previous fis- the list developed under subparagraph (B);
‘‘(2) HIGH-PRIORITY ACTIVITIES PROGRAM.— cal year, the average number of days of delays ‘‘(ii) safety inspections of such vehicles; and
Subject to subsection (c), to carry out section for an initial commercial driver’s license skills ‘‘(iii) other activities related to the activities
31102(l)— test or retest within the State.’’. described in clauses (i) and (ii), as determined
‘‘(A) $72,604,000 for fiscal year 2022; by the Secretary.
SEC. 4102. MOTOR CARRIER SAFETY OPERATIONS
‘‘(B) $74,424,000 for fiscal year 2023; ‘‘(E) SECRETARY AUTHORIZATION.—The Sec-
AND PROGRAMS.
‘‘(C) $76,328,000 for fiscal year 2024; and
(a) IN GENERAL.—Section 31110 of title 49, retary is authorized to award a State funding
‘‘(D) $78,106,000 for fiscal year 2025.
‘‘(3) COMMERCIAL MOTOR VEHICLE OPERATORS United States Code, is amended by striking sub- for the costs associated with carrying out an im-
GRANT PROGRAM.—To carry out section 31103— section (a) and inserting the following: mobilization program with funds made available
‘‘(A) $1,037,200 for fiscal year 2022; ‘‘(a) ADMINISTRATIVE EXPENSES.—There is au- under section 31104(a)(2).
‘‘(B) $1,063,200 for fiscal year 2023; thorized to be appropriated from the Highway ‘‘(F) DEFINITION OF PASSENGER-CARRYING
‘‘(C) $1,090,400 for fiscal year 2024; and Trust Fund (other than the Mass Transit Ac- COMMERCIAL MOTOR VEHICLE.—In this para-
‘‘(D) $1,115,800 for fiscal year 2025. count) for the Secretary of Transportation to graph, the term ‘passenger-carrying commercial
‘‘(4) COMMERCIAL DRIVER’S LICENSE PROGRAM pay administrative expenses of the Federal motor vehicle’ has the meaning given the term
IMPLEMENTATION PROGRAM.—Subject to sub- Motor Carrier Safety Administration— commercial motor vehicle in section 31301.’’.
section (c), to carry out section 31313— ‘‘(1) $380,500,000 for fiscal year 2022; Subtitle B—Motor Carrier Safety Oversight
‘‘(A) $56,008,800 for fiscal year 2022; ‘‘(2) $381,500,000 for fiscal year 2023; SEC. 4201. MOTOR CARRIER SAFETY ADVISORY
‘‘(B) $57,412,800 for fiscal year 2023; ‘‘(3) $382,500,000 for fiscal year 2024; and COMMITTEE.
‘‘(C) $58,881,600 for fiscal year 2024; and ‘‘(4) $384,500,000 for fiscal year 2025.’’.
‘‘(D) $60,253,200 for fiscal year 2025.’’; Section 4144 of SAFETEA–LU (49 U.S.C. 31100
(b) ADMINISTRATIVE EXPENSES.— note) is amended—
(2) by striking subsection (c) and inserting the
(1) USE OF FUNDS.—The Administrator of the (1) in subsection (b)(1) by inserting ‘‘, includ-
following:
‘‘(c) PARTNER TRAINING AND PROGRAM SUP- Federal Motor Carrier Safety Administration ing small business motor carriers’’ after ‘‘indus-
PORT.—
shall use funds made available in subsection (a) try’’; and
‘‘(1) IN GENERAL.—On October 1 of each fiscal for— (2) in subsection (d) by striking ‘‘September
year, or as soon after that date as practicable, (A) acceleration of planned investments to 30, 2013’’ and inserting ‘‘September 30, 2025’’.
the Secretary may deduct from amounts made modernize the Administration’s information SEC. 4202.
COMPLIANCE, SAFETY, ACCOUNT-
available under paragraphs (1), (2), and (4) of technology and information management sys- ABILITY.
subsection (a) for that fiscal year not more than tems; (a) IN GENERAL.—Not later than 1 year after
1.50 percent of those amounts for partner train- (B) completing outstanding mandates; the date of enactment of this Act, the Secretary
ing and program support in that fiscal year. (C) carrying out a Large Truck Crash Causal of Transportation shall implement a revised
‘‘(2) USE OF FUNDS.—The Secretary shall use Factors Study of the Administration; methodology to be used in the Compliance, Safe-
at least 75 percent of the amounts deducted (D) construction and maintenance of border ty, Accountability program of the Federal Motor
under paragraph (1) on training and related facilities; and Carrier Safety Administration to identify and
training materials for non-Federal Government (E) other activities authorized under section prioritize motor carriers for intervention, using
employees. 31110(b) of title 49, United States Code. the recommendations of the study required by
‘‘(3) PARTNERSHIP.—The Secretary shall carry (2) DEFINITION OF OUTSTANDING MANDATE.—In section 5221(a) of the FAST Act (49 U.S.C. 31100
out the training and development of materials this subsection, the term ‘‘outstanding man- note).
pursuant to paragraph (2) in partnership with date’’ means a requirement for the Federal (b) DATA AVAILABILITY.—The Secretary shall,
one or more nonprofit organizations, selected on Motor Carrier Safety Administration to issue in working toward implementation of the revised
a competitive basis, that have— regulations, undertake a comprehensive review methodology described in subsection (a)
‘‘(A) expertise in conducting a training pro- or study, conduct a safety assessment, or collect prioritize revisions necessary to—
gram for non-Federal Government employees; data— (1) restore the public availability of all rel-
and (A) under this Act; evant safety data under a revised methodology;
‘‘(B) a demonstrated ability to involve in a (B) under MAP–21 (Public Law 112–141), that and
training program the target population of com- has not been published in the Federal Register, (2) make such safety data publicly available
mercial motor vehicle safety enforcement em- if required, or otherwise completed as of the that was made publicly available on the day be-
ployees.’’; date of enactment of this Act; fore the date of enactment of the FAST Act, and
(3) in subsection (f)— (C) under the FAST Act (Public Law 114–94), make publicly available any safety data that
(A) in paragraph (1) by striking ‘‘the next fis- that has not been published in the Federal Reg- was required to be made available by section
cal year’’ and inserting ‘‘the following 2 fiscal ister, if required, or otherwise completed as of 5223 of the FAST Act (49 U.S.C. 31100 note).
years’’; the date of enactment of this Act; and (c) IMPLEMENTATION.—
(B) in paragraph (2)— (D) under any other Act enacted before the (1) PROGRESS REPORTS.—Not later than 30
(i) by striking ‘‘section 31102(l)(2)’’ and insert- date of enactment of this Act that has not been days after the date of enactment of this Act,
ing ‘‘paragraphs (2) and (4) of section 31102(l)’’; published in the Federal Register by the date re- and every 90 days thereafter until the date on
(ii) by striking ‘‘the next 2 fiscal years’’ and quired in such Act. which the Secretary implements the revised
inserting ‘‘the following 3 fiscal years’’; and SEC. 4103. IMMOBILIZATION GRANT PROGRAM. methodology described in subsection (a), the
(C) in paragraph (3) by striking ‘‘the next 4
Section 31102(l) of title 49, United States Code, Secretary shall submit to the Committee on
fiscal years’’ and inserting ‘‘the following 5 fis-
is amended— Transportation and Infrastructure of the House
cal years’’; and
(1) in paragraph (1) by striking ‘‘and (3)’’ and of Representatives and the Committee on Com-
(4) by adding at the end the following:
‘‘(j) TREATMENT OF REALLOCATIONS.— inserting ‘‘, (3), and (4)’’; and merce, Science, and Transportation of the Sen-
Amounts that are obligated and subsequently, (2) by adding at the end the following: ate, and make publicly available on a website of
after the date of enactment of this subsection, ‘‘(4) IMMOBILIZATION GRANT PROGRAM.— the Department of Transportation, a progress
released back to the Secretary under subsection ‘‘(A) IN GENERAL.—The Secretary shall estab- report on—
(i) shall not be subject to limitations on obliga- lish an immobilization grant program to make (A) the status of the revision of the method-
tions provided under any other provision of discretionary grants to States for the immo- ology and related data modifications under sub-
law.’’. bilization or impoundment of passenger-carrying section (a), a timeline for completion of such re-
(b) COMMERCIAL DRIVER’S LICENSE PROGRAM commercial motor vehicles if such vehicles are vision, and an estimated date for implementa-
IMPLEMENTATION FINANCIAL ASSISTANCE PRO- found to be unsafe or fail inspection. tion of such revised methodology;
GRAM.—Section 31313(b) of title 49, United States ‘‘(B) CRITERIA FOR IMMOBILIZATION.—The (B) an explanation for any delays in develop-
Code, is amended— Secretary, in consultation with State commercial ment or implementation of the revised method-
(1) by striking the period at the end and in- motor vehicle entities, shall develop a list of ology over the reporting period; and
serting ‘‘; and’’ commercial motor vehicle safety violations and (C) if the Secretary has not resumed making
(2) by striking ‘‘A recipient’’ and inserting the defects that the Secretary determines warrant publicly available the data described in sub-
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following: ‘‘In participating in financial assist- the immediate immobilization of a passenger- section (b), an updated timeline for the restora-
ance program under this section carrying commercial motor vehicle. tion of the public availability of data and a de-
‘‘(1) a recipient’’; and ‘‘(C) ELIGIBILITY.—A State is only eligible to tailed explanation for why such restoration has
(3) by adding at the end the following: receive a grant under this paragraph if such not occurred.
‘‘(2) a State may not receive more than State has the authority to require the immo- (2) PUBLICATION AND NOTIFICATION.—Prior to
$250,000 in grants under subsection (a)(2) in any bilization or impoundment of a passenger-car- commencing the use of the revised methodology
fiscal year— rying commercial motor vehicle if such vehicle is described in subsection (a) to identify and
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2767
prioritize motor carriers for intervention (other and on schedules and routes determined by such (I) a remote camera; or
than in a testing capacity), the Secretary offeror, regardless of ownership or control of the (II) another appropriate technology;
shall— vehicles or drivers used to provide the transpor- (B) to offer a visual survey described in sub-
(A) publish a detailed summary of the method- tation by motorcoach.’’. paragraph (A) for all household goods ship-
ology in the Federal Register and provide a pe- SEC. 4205. PROVIDERS OF RECREATIONAL ACTIVI- ments, regardless of the distance between—
riod for public comment; and TIES. (i) the location of the household goods; and
(B) notify the Committee on Transportation Section 13506(b) of title 49, United States (ii) the location of the agent of the covered
and Infrastructure of the House of Representa- Code, is amended— carrier preparing the estimate; and
tives and the Committee on Commerce, Science, (1) in paragraph (2) by striking ‘‘or’’ at the (C) to provide to each shipper a copy of publi-
and Transportation of the Senate, in writing. end; cation of the Administration titled ‘‘Ready to
(d) SAFETY FITNESS RULE.— (2) in paragraph (3) by striking the period at Move–Tips for a Successful Interstate Move’’
(1) RULEMAKING.—Not later than 1 year after the end and inserting ‘‘; or’’; and (ESA 03005) on receipt from the shipper of a re-
the date on which the Secretary notifies Con- (3) by adding at the end the following: quest to schedule, or a waiver of, a visual sur-
gress under subsection (c)(2), the Secretary shall ‘‘(4) transportation by a motor vehicle de- vey offered under subparagraph (B).
issue final regulations pursuant to section signed or used to transport between 9 and 15 (5) Sections 375.401(b)(1), 375.403(a)(6)(ii), and
31144(b) of title 49, United States Code, to revise passengers (including the driver), whether oper- 375.405(b)(7)(ii), and subpart D of appendix A of
the methodology for issuance of motor carrier ated alone or with a trailer attached for the part 375, to require that, in any case in which
safety fitness determinations. transport of recreational equipment, that is op- a shipper tenders any additional item or re-
(2) CONSIDERATIONS.—In issuing the regula- erated by a person that provides recreational ac- quests any additional service prior to loading a
tions under paragraph (1), the Secretary shall tivities if— shipment, the affected covered carrier shall—
consider the use of all available data to deter- ‘‘(A) the transportation is provided within a (A) prepare a new estimate; and
mine the fitness of a motor carrier. 150 air-mile radius of the location where pas- (B) maintain a record of the date, time, and
(e) REPEAL.—Section 5223 of the FAST Act (49 sengers are boarded; and manner in which the new estimate was accepted
U.S.C. 31100 note), and the item related to such ‘‘(B) the person operating the motor vehicle, if by the shipper.
section in the table of contents in section 1(b) of transporting passengers over a route between a (6) Section 375.501(a), to establish that a cov-
such Act, are repealed. place in a State and a place in another State, is ered carrier is not required to provide to a ship-
otherwise lawfully providing transportation of per an order for service if the covered carrier
SEC. 4203. TERMS AND CONDITIONS FOR EXEMP-
TIONS. passengers over the entire route in accordance elects to provide the information described in
with applicable State law.’’. paragraphs (1) through (15) of such section in a
Section 31315 of title 49, United States Code, is
SEC. 4206. AMENDMENTS TO REGULATIONS RE- bill of lading that is presented to the shipper be-
amended—
LATING TO TRANSPORTATION OF fore the covered carrier receives the shipment.
(1) in subsection (b)—
HOUSEHOLD GOODS IN INTERSTATE (7) Subpart H of part 375, to replace the re-
(A) in paragraph (4)(A) by inserting ‘‘, includ- COMMERCE. place the terms ‘‘freight bill’’ and ‘‘expense bill’’
ing data submission requirements,’’ after ‘‘terms
(a) DEFINITIONS.—In this section: with the term ‘‘invoice’’.
and conditions’’; and
(1) ADMINISTRATION.—The term ‘‘Administra- Subtitle C—Commercial Motor Vehicle Driver
(B) by striking paragraph (8) and inserting
tion’’ means the Federal Motor Carrier Safety Safety
the following:
Administration. SEC. 4301. COMMERCIAL DRIVER’S LICENSE FOR
‘‘(8) TERMS AND CONDITIONS.—
(2) COVERED CARRIER.—The term ‘‘covered PASSENGER CARRIERS.
‘‘(A) IN GENERAL.—The Secretary shall estab-
carrier’’ means a motor carrier that is— Section 31301(4)(B) of title 49, United States
lish terms and conditions for each exemption to
(A) engaged in the interstate transportation of Code, is amended to read as follows:
ensure that the exemption will not likely de-
household goods; and ‘‘(B) is designed or used to transport—
grade the level of safety achieved by the person (B) subject to the requirements of part 375 of
or class of persons granted the exemption, and ‘‘(i) more than 8 passengers (including the
title 49, Code of Federal Regulations (as in ef- driver) for compensation; or
allow the Secretary to evaluate whether an fect on the effective date of the amendments re-
equivalent level of safety is maintained while ‘‘(ii) more than 15 passengers (including the
quired by subsection (b)). driver), whether or not the transportation is
the person or class of persons is operating under (3) SECRETARY.—The term ‘‘Secretary’’ means
such exemption, including— provided for compensation; or’’.
the Secretary of Transportation.
‘‘(i) requiring the regular submission of acci- SEC. 4302. ALCOHOL AND CONTROLLED SUB-
(b) AMENDMENTS TO REGULATIONS.—Not later STANCES TESTING.
dent and incident data to the Secretary; than 1 year after the date of enactment of this
‘‘(ii) requiring immediate notification to the Section 31306(c)(2) of title 49, United States
Act, the Secretary shall issue a notice of pro-
Secretary in the event of a crash that results in Code, is amended by striking ‘‘, for urine test-
posed rulemaking to amend regulations related
a fatality or serious bodily injury; ing,’’.
to the interstate transportation of household
‘‘(iii) for exemptions granted by the Secretary goods. SEC. 4303. ENTRY-LEVEL DRIVER TRAINING.
related to hours of service rules under part 395 (c) CONSIDERATIONS.—In issuing the notice of Not later than January 1, 2021, and every 90
of title 49, Code of Federal Regulations, requir- proposed rulemaking under subsection (b), the days thereafter until the compliance date for the
ing that the exempt person or class of persons Secretary shall consider the following rec- final rule published on December 8, 2016, titled
submit to the Secretary evidence of participation ommended amendments to provisions of title 49, ‘‘Minimum Training Requirements for Entry-
in a recognized fatigue management plan; and Code of Federal Regulations: Level Commercial Motor Vehicle Operators’’ (81
‘‘(iv) providing documentation of the author- (1) Section 375.207(b) to require each covered Fed. Reg. 88732), the Secretary shall submit to
ity to operate under the exemption to each ex- carrier to include on the website of the covered the Committee on Transportation and Infra-
empt person, to be used to demonstrate compli- carrier a link— structure of the House of Representatives and
ance if requested by a motor carrier safety en- (A) to the publication of the Administration the Committee on Commerce, Science, and
forcement officer during a roadside inspection. titled ‘‘Ready to Move–Tips for a Successful Transportation of the Senate a report on—
‘‘(B) IMPLEMENTATION.—The Secretary shall Interstate Move’’ (ESA 03005) on the website of (1) a schedule, including benchmarks, to com-
monitor the implementation of the exemption to the Administration; or plete implementation of the requirements under
ensure compliance with its terms and condi- (B) to a copy of the publication referred to in such final rule;
tions.’’; and subparagraph (A) on the website of the covered (2) any anticipated delays, if applicable, in
(2) in subsection (e) by inserting ‘‘, based on carrier. meeting the benchmarks described in paragraph
an analysis of data collected by the Secretary (2) Subsections (a) and (b)(1) of section 375.213 (1);
and submitted to the Secretary under subsection to require each covered carrier to provide to (3) the progress that the Secretary has made
(b)(8)’’ after ‘‘safety’’. each individual shipper, with any written esti- in updating the Department of Transportation’s
SEC. 4204. SAFETY FITNESS OF MOTOR CARRIERS mate provided to the shipper, a copy of the pub- information technology infrastructure to sup-
OF PASSENGERS. lication described in appendix A of part 375 of port the training provider registry;
Section 31144(i) of title 49, United States Code, such title, entitled ‘‘Your Rights and Respon- (4) a list of States that have adopted laws or
is amended— sibilities When You Move’’ (ESA–03–006 (or a regulations to implement such final rule; and
(1) in paragraph (1)— successor publication)), in the form of a written (5) a list of States, if applicable, that are im-
(A) in subparagraph (A) by striking ‘‘who the copy or a hyperlink on the website of the cov- plementing the rule and confirming that an ap-
Secretary registers under section 13902 or 31134’’; ered carrier to the location on the website of the plicant for a commercial driver’s license has
and Administration containing such publication. complied with the requirements.
(B) in subparagraph (B) by inserting ‘‘to (3) Subsection (e) of section 375.213, to repeal SEC. 4304. DRIVER DETENTION TIME.
motor carriers of passengers and’’ after such subsection. (a) DATA COLLECTION.—Not later than 30 days
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‘‘apply’’; and (4) Section 375.401(a), to require each covered after the date of enactment of this Act, the Sec-
(2) by adding at the end the following: carrier— retary shall—
‘‘(5) MOTOR CARRIER OF PASSENGERS DE- (A) to conduct a visual survey of the house- (1) begin to collect data on delays experienced
FINED.—In this subsection, the term ‘motor car- hold goods to be transported by the covered car- by operators of commercial motor vehicles, as re-
rier of passengers’ includes an offeror of motor- rier— quired under section 5501 of the FAST Act (49
coach services that sells scheduled transpor- (i) in person; or U.S.C. 14103 note) and as referenced in the re-
tation of passengers for compensation at fares (ii) virtually, using— quest for information published on June 10,
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H2768 CONGRESSIONAL RECORD — HOUSE June 30, 2020
2019, titled ‘‘Request for Information Con- (6) resources to assist commercial motor vehi- (i) using available data, or collecting from
cerning Commercial Motor Vehicle Driver De- cle drivers in assessing the impacts of leasing motor carriers or motor private carriers and
tention Times During Loading and Unloading’’ agreements; and drivers operating under an exemption, waiver,
(84 Fed. Reg. 26932); and (7) the classification of commercial motor vehi- or other allowance if the Secretary does not
(2) make such data available on a publicly ac- cle drivers under lease-purchase agreements. have sufficient data, to determine the incidence
cessible website of the Department of Transpor- (d) COMPENSATION.—A member of the Task of accidents, fatigue-related incidents, and
tation. Force shall serve without compensation. other relevant safety information related to
(b) DETENTION TIME LIMITS.— (e) REPORT.—Upon completion of the exam- hours of service among motor carriers, private
(1) RULEMAKING.—Not later than 1 year after ination described in subsection (c), the Task motor carriers, and drivers permitted to operate
the date of enactment of this Act, the Secretary Force shall submit to the Secretary of Transpor- under each exemption, waiver, or other allow-
shall initiate a rulemaking to establish limits on tation, Secretary of Labor, and appropriate con- ance;
the amount of time that an operator of a com- gressional committees a report containing— (ii) comparing the data described in subpara-
mercial motor vehicle may be reasonably de- (1) the findings of the Task Force on the mat- graph (A) to safety data from motor carriers,
tained by a shipper or receiver before the load- ters described in subsection (c); motor private carriers, and drivers that are sub-
ing or unloading of the vehicle, if the operator (2) best practices related to— ject to the hours of service rules and not oper-
is not compensated for such time detained. (A) assisting a commercial motor vehicle driver ating under an exemption, waiver, or other al-
(2) CONTENTS.—As part of the rulemaking con- in assessing the impacts of leasing agreements lowance; and
ducted pursuant to subsection (a), the Secretary prior to entering into such agreements; and (iii) based on the comparison under subpara-
shall— (B) assisting a commercial motor vehicle driver graph (B), determining whether waivers, exemp-
(A) consider the diverse nature of operations who has entered into a predatory lease agree- tions, and other allowances in effect provide an
in the movement of goods by commercial motor ment; and equivalent level of safety as would exist in the
vehicle; (3) recommendations on changes to laws or absence of exemptions, waivers, or other allow-
(B) examine any correlation between time de- ances.
regulations, as applicable, at the Federal, State,
tained and violations of the hours-of-service (B) CONSULTATION.—The Secretary shall con-
or local level to promote fair leasing agreements sult with State motor carrier enforcement enti-
rules under part 395 of title 49, Code of Federal
under which a commercial motor vehicle driver ties in carrying out this paragraph.
Regulations;
is able to earn a living wage. (C) EXCLUSIONS.—The Secretary shall exclude
(C) determine whether the effect of detention
(f) TERMINATION.—Not later than 1 month data related to exemptions, waivers, or other al-
time on safety differs based on—
(i) how an operator is compensated; and after the date of submission of the report pursu- lowances made pursuant to an emergency dec-
(ii) the contractual relationship between the ant to subsection (e), the Task Force shall termi- laration under section 390.23 of title 49, Code of
operator and the motor carrier, including nate. Federal Regulations, or extended under section
whether an operator is an employee, a leased SEC. 4306. HOURS OF SERVICE. 390.25 of title 49, Code of Federal Regulations,
owner-operator, or an owner-operator with (a) AUTHORITY TO ISSUE REGULATIONS.—Not- from the analysis required under this para-
independent authority; and withstanding the authority of the Secretary of graph.
(D) establish a process for a motor carrier, Transportation to issue regulations under sec- (4) DRIVER IMPACT ANALYSIS.—In carrying out
shipper, receiver, broker, or commercial motor tion 31502 of title 49, United States Code, the the comprehensive review under paragraph (1),
vehicle operator to report instances of time de- Secretary shall delay the effective date of the the Secretary shall further consider—
tained beyond the Secretary’s established limits. final rule published on June 1, 2020, titled (A) data on driver detention collected by the
(3) INCORPORATION OF INFORMATION.—The ‘‘Hours of Service of Drivers’’ (85 Fed. Reg. Secretary pursuant to section 4304 of this Act
Secretary shall incorporate information received 33396) until 60 days after the date on which the and other conditions affecting the movement of
under paragraph (2)(D) into the process estab- Secretary submits the report required under sub- goods by commercial motor vehicle, and how
lished pursuant to subsection (a) once a final section (d). such conditions interact with the Secretary’s
rule takes effect. (b) COMPREHENSIVE REVIEW.— regulations on hours of service;
(c) DATA PROTECTION.—Data made available (1) COMPREHENSIVE REVIEW OF HOURS OF (B) whether exemptions, waivers, or other al-
pursuant to this section shall be made available SERVICE RULES.—Not later than 60 days after lowances that permit additional on-duty time or
in a manner that— the date of enactment of this Act, the Secretary driving time have a deleterious effect on the
(1) precludes the connection of the data to shall initiate a comprehensive review of hours of physical condition of drivers; and
any individual motor carrier or commercial service rules and the impacts of waivers, exemp- (C) whether differences in the manner in
motor vehicle operator; and tions, and other allowances that limit the appli- which drivers are compensated result in dif-
(2) protects privacy and confidentiality of in- cability of such rules. ferent levels of burden for drivers in complying
dividuals, operators, and motor carriers submit- (2) LIST OF EXEMPTIONS.—In carrying out the with hours of service rules.
ting the data. (c) PEER REVIEW.—Prior to the publication of
comprehensive review required under paragraph
(d) COMMERCIAL MOTOR VEHICLE DEFINED.— the review required under subsection (d), the
(1), the Secretary shall—
In this section, the term ‘‘commercial motor ve- analyses performed by the Secretary shall un-
(A) compile a list of waivers, exemptions, and
hicle’’ has the meaning given such term in sec- dergo an independent peer review.
other allowances— (d) PUBLICATION.—Not later than 18 months
tion 31101 of title 49, United States Code. (i) under which a driver may operate in excess
SEC. 4305. TRUCK LEASING TASK FORCE. after the date that the Secretary initiates the
of the otherwise applicable limits on on-duty or comprehensive review under subsection (b)(1),
(a) ESTABLISHMENT.—Not later than 6 months driving time in absence of such exemption, waiv-
after the date of enactment of this Act, the Sec- the Secretary shall publish the findings of such
er, or other allowance; review in the Federal Register and provide for a
retary of Transportation, in consultation with (ii) under which a driver may operate without
the Secretary of Labor, shall establish a Truck period for public comment.
recording compliance with hours of service rules (e) REPORT TO CONGRESS.—Not later than 30
Leasing Task Force (hereinafter referred to as through the use of an electronic logging device; days after the conclusion of the public comment
the ‘‘Task Force’’). and
(b) MEMBERSHIP.—The Secretary of Transpor- period under subsection (d), the Secretary shall
(iii) applicable— submit to the Committee on Commerce, Science,
tation shall select not more than 15 individuals (I) to specific segments of the motor carrier in-
to serve as members of the Task Force, including and Transportation and the Committee on Envi-
dustry or sectors of the economy; ronment and Public Works of the Senate and
equal representation from each of the following: (II) on a periodic or seasonal basis; and
(1) Labor organizations. the Committee on Transportation and Infra-
(III) to specific types of operations, including structure of the House of Representatives and
(2) The motor carrier industry, including inde-
the short haul exemption under part 395 of title make publicly available on a website of the De-
pendent owner-operators.
49, Code of Federal Regulations; partment of Transportation a report containing
(3) Consumer protection groups.
(4) Safety groups. (B) specify whether each such waiver, exemp- the information and analyses required under
(5) Members of the legal profession who spe- tion, or other allowance was granted by the De- subsection (b).
cialize in consumer finance issues. partment of Transportation or enacted by Con- (f) REPLACEMENT OF GUIDANCE.—Notwith-
(c) DUTIES.—The Task Force shall examine, at gress, and how long such waiver, exemption, or standing subsection (a), the Secretary shall re-
a minimum— other allowance has been in effect; and place the Department of Transportation guid-
(1) common truck leasing arrangements avail- (C) estimate the number of motor carriers, ance published on June 7, 2018, titled ‘‘Hours of
able to commercial motor vehicle drivers, includ- motor private carriers, and drivers that may Service of Drivers of Commercial Motor Vehicles:
ing lease-purchase agreements; qualify to use each waiver, exemption, or other Regulatory Guidance Concerning the Use of a
(2) the terms of such leasing agreements; allowance. Commercial Motor Vehicle for Personal Convey-
(3) the prevalence of predatory leasing agree- (3) SAFETY IMPACT ANALYSIS.— ance’’ (83 Fed. Reg. 26377) with specific mileage
ments in the motor carrier industry; (A) IN GENERAL.—In carrying out the com- or time limits, or both, for the use of personal
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(4) specific agreements available to drayage prehensive review under paragraph (1), the Sec- conveyance established through a rulemaking.
drivers at ports related to the Clean Truck Pro- retary, in consultation with State motor carrier (g) DEFINITIONS.—In this section:
gram or similar programs to decrease emissions enforcement entities, shall undertake a statis- (1) MOTOR CARRIER; MOTOR PRIVATE CAR-
from port operations; tically valid analysis to determine the safety im- RIER.—The terms ‘‘motor carrier’’ and ‘‘motor
(5) the impact of truck leasing agreements on pact, including on enforcement, of the exemp- private carrier’’ have the meanings given such
the net compensation of commercial motor vehi- tions, waivers, or other allowances compiled terms in section 31501 of title 49, United States
cle drivers, including port drayage drivers; under paragraph (2) by— Code.
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2769
(2) ON-DUTY TIME; DRIVING TIME; ELECTRONIC vehicles and the feasibility, benefits, and costs (A) not fewer than 1 shall be a representative
LOGGING DEVICE.—The terms ‘‘on-duty time’’, associated with establishing screening criteria of large trucking companies;
‘‘driving time’’, and ‘‘electronic logging device’’ for obstructive sleep apnea in drivers of commer- (B) not fewer than 1 shall be a representative
have the meanings given such terms in section cial motor vehicles; of mid-sized trucking companies;
395.2 of title 49, Code of Federal Regulations (as (2) issue a notice in the Federal Register con- (C) not fewer than 1 shall be a representative
in effect on June 1, 2020). taining the independently peer-reviewed find- of small trucking companies;
SEC. 4307. DRIVER RECRUITMENT. ings of the assessment required under paragraph (D) not fewer than 1 shall be a representative
(a) IN GENERAL.—Not later than 1 year after (1) not later than 30 days after completion of the of nonprofit organizations in the trucking in-
the date of enactment of this Act, the inspector assessment and provide an opportunity for pub- dustry;
lic comment; and (E) not fewer than 1 shall be a representative
general of the Department of Transportation
(3) if the Secretary contracts with an inde- of trucking business associations;
shall submit to the Committee on Transportation (F) not fewer than 1 shall be a representative
and Infrastructure of the House of Representa- pendent third party to conduct the assessment
required under paragraph (1), ensure that the of independent owner-operators; and
tives and the Committee on Commerce, Science, (G) not fewer than 1 shall be a woman who is
and Transportation of the Senate a report exam- independent third party shall not have any fi-
a professional truck driver.
ining the operation of commercial motor vehicles nancial or contractual ties or relationship with
(3) TERMS.—Each member shall be appointed
in the United States by drivers admitted to the a motor carrier that transports passengers or
for the life of the Board.
United States under temporary business visas. property for compensation, the motor carrier in- (4) COMPENSATION.—A member of the Board
(b) CONTENTS.—The report under paragraph dustry, or driver advocacy organizations. shall serve without compensation.
(1) shall include— (b) SCREENING CRITERIA.— (f) DUTIES.—
(1) an assessment of— (1) IN GENERAL.—Not later than 12 months (1) IN GENERAL.—The Board shall identify—
(A) the prevalence of the operation of commer- after the date of enactment of this Act, the Sec- (A) industry trends that directly or indirectly
cial motor vehicles in the United States by driv- retary shall publish in the Federal Register a discourage women from pursuing careers in
ers admitted to the United States under tem- proposed rule to establish screening criteria for trucking, including—
porary business visas; obstructive sleep apnea in commercial motor ve- (i) any differences between women minority
(B) the characteristics of motor carriers that hicle drivers and provide an opportunity for groups;
recruit and use such drivers, including the public comment. (ii) any differences between women who live
country of domicile of the motor carrier or sub- (2) FINAL RULE.—Not later than 2 years after in rural, suburban, and urban areas; and
sidiary; the date of enactment of this Act, the Secretary (iii) any safety risks unique to the trucking
(C) the demographics of drivers operating in shall issue a final rule to establish screening cri- industry;
the United States under such visas, including teria for obstructive sleep apnea in commercial (B) ways in which the functions of trucking
the country of domicile of such drivers; and motor vehicle drivers. companies, nonprofit organizations, and truck-
(D) the contractual relationship between such (c) DEFINITIONS.—In this section: ing associations may be coordinated to facilitate
motor carriers and such drivers; (1) COMMERCIAL MOTOR VEHICLE.—The term support for women pursuing careers in trucking;
(2) an analysis of whether such drivers are re- ‘‘commercial motor vehicle’’ has the meaning (C) opportunities to expand existing opportu-
quired to comply with— given such term in section 31132 of title 49, nities for women in the trucking industry; and
(A) motor carrier safety regulations under United States Code. (D) opportunities to enhance trucking train-
subchapter B of chapter III of title 49, Code of (2) MOTOR CARRIER.—The term ‘‘motor car- ing, mentorship, education, and outreach pro-
Federal Regulations, including— rier’’ has the meaning given such term in section grams that are exclusive to women.
(i) the English proficiency requirement under 13102 of title 49, United States Code. (2) REPORT.—Not later than 18 months after
section 391.11(2) of title 49, Code of Federal Reg- SEC. 4309. WOMEN OF TRUCKING ADVISORY the date of enactment of this Act, the Board
ulations; BOARD. shall submit to the Administrator a report de-
(ii) the requirement for drivers of a motor car- (a) SHORT TITLE.—This section may be cited scribing strategies that the Administrator may
rier to report any violations of a regulation to as the ‘‘Promoting Women in Trucking Work- adopt—
such motor carrier under section 391.27 of title force Act’’. (A) to address any industry trends identified
49, Code of Federal Regulations; and (b) FINDINGS.—Congress finds that— under paragraph (1)(A);
(iii) driver’s licensing requirements under part (1) women make up 47 percent of the work- (B) to coordinate the functions of trucking
383 of title 49, Code of Federal Regulations, in- force of the United States; companies, nonprofit organizations, and truck-
cluding entry-level driver training and drug and (2) women are significantly underrepresented ing associations in a manner that facilitates
alcohol testing under part 382 of such title; and in the trucking industry, holding only 24 per- support for women pursuing careers in trucking;
(B) regulations prohibiting point-to-point cent of all transportation and warehousing jobs (C) to—
transportation in the United States, or cabo- and representing only— (i) take advantage of any opportunities identi-
tage, under part 365 of title 49, Code of Federal (A) 6.6 percent of truck drivers; fied under paragraph (1)(C); and
Regulations; (B) 12.5 percent of all workers in truck trans- (ii) create new opportunities to expand exist-
(3) an evaluation of the safety record of the portation; and ing scholarship opportunities for women in the
operations and drivers described in paragraph (C) 8 percent of freight firm owners; trucking industry; and
(3) given the total number of women truck (D) to enhance trucking training, mentorship,
(1), including—
(A) violations of the motor carrier safety regu- drivers, women are underrepresented in the education, and outreach programs that are ex-
lations under subchapter B of chapter III of truck-driving workforce; and clusive to women.
(g) REPORT TO CONGRESS.—
title 49, Code of Federal Regulations, including (4) women truck drivers have been shown to
(1) IN GENERAL.—Not later than 2 years after
applicable requirements described in paragraph be 20 percent less likely than male counterparts
the date of enactment of this Act, the Adminis-
(2)(A); and to be involved in a crash.
trator shall submit to the Committee on Com-
(B) the number of crashes involving such op- (c) SENSE OF CONGRESS REGARDING WOMEN IN
merce, Science, and Transportation of the Sen-
erations and drivers; and TRUCKING.—It is the sense of Congress that the
ate and the Committee on Transportation and
(4) the impact of such operations and drivers trucking industry should explore every oppor-
Infrastructure of the House of Representatives a
on— tunity, including driver training and
report describing—
(A) commercial motor vehicle drivers domiciled mentorship programs, to encourage and support
(A) any strategies recommended by the Board
in the United States, including employment lev- the pursuit of careers in trucking by women.
under subsection (f)(2); and
els and driver compensation of such drivers; and (d) ESTABLISHMENT.—To encourage women to (B) any actions taken by the Administrator to
(B) the competitiveness of motor carriers domi- enter the field of trucking, the Administrator adopt the strategies recommended by the Board
ciled in the United States. shall establish and facilitate an advisory board, (or an explanation of the reasons for not adopt-
(c) DEFINITIONS.—In this section: to be known as the ‘‘Women of Trucking Advi- ing the strategies).
(1) COMMERCIAL MOTOR VEHICLE.—In this sec- sory Board’’, to promote organizations and pro- (2) PUBLIC AVAILABILITY.—The Administrator
tion, the term ‘‘commercial motor vehicle’’ has grams that— shall make the report under paragraph (1) pub-
the meaning given such term in section 31101 of (1) provide education, training, mentorship, or licly available—
title 49, United States Code. outreach to women in the trucking industry; (A) on the website of the Federal Motor Car-
(2) TEMPORARY BUSINESS VISA.—The term and rier Safety Administration; and
‘‘temporary business visa’’ means any driver (2) recruit women into the trucking industry. (B) in appropriate offices of the Federal
who is present in the United States with status (e) MEMBERSHIP.— Motor Carrier Safety Administration.
under section 101(a)(15)(H)(i)(b) of the Immigra- (1) IN GENERAL.—The Board shall be composed (h) TERMINATION.—The Board shall terminate
tion and Nationality Act (8 U.S.C. of not fewer than 7 members whose backgrounds on submission of the report to Congress under
1101(a)(15)(H)(i)(b)). allow those members to contribute balanced subsection (g).
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SEC. 4308. SCREENING FOR OBSTRUCTIVE SLEEP points of view and diverse ideas regarding the (i) DEFINITIONS.—In this section:
APNEA. strategies and objectives described in subsection (1) ADMINISTRATOR.—The term ‘‘Adminis-
(a) IN GENERAL.—Not later than 6 months (f)(2). trator’’ means the Administrator of the Federal
after the date of enactment of this Act, the Sec- (2) APPOINTMENT.—Not later than 270 days Motor Carrier Safety Administration.
retary of Transportation shall— after the date of enactment of this Act, the Ad- (2) BOARD.—The term ‘‘Board’’ means the
(1) assess the risk posed by untreated obstruc- ministrator shall appoint the members of the Women of Trucking Advisory Board established
tive sleep apnea in drivers of commercial motor Board, of whom— under subsection (d).
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H2770 CONGRESSIONAL RECORD — HOUSE June 30, 2020
(3) LARGE TRUCKING COMPANY.—The term Code, that requires all schoolbuses manufac- pilation and recommendations under subsection
‘‘large trucking company’’ means a motor car- tured after the effective date of such standard to (a)(2) publicly available, the Secretary shall cre-
rier (as defined in section 13102 of title 49, be equipped with an electronic stability control ate and execute a public safety messaging cam-
United States Code) with an annual revenue system (as such term is defined in section 571.136 paign for distribution to States, divisions of
greater than $1,000,000,000. of title 49, Code of Federal Regulations (as in ef- motor vehicles, schools, and other public outlets
(4) MID-SIZED TRUCKING COMPANY.—The term fect on the date of enactment of this Act)); and to highlight the dangers of the illegal passing of
‘‘mid-sized trucking company’’ means a motor (2) as part of such standard, establish per- schoolbuses, and should include educating stu-
carrier (as defined in section 13102 of title 49, formance requirements for electronic stability dents and the public on safe loading and un-
United States Code) with an annual revenue of control systems, including operation of such sys- loading of schoolbuses.
not less than $35,000,000 and not greater than tems. (2) CONSULTATION.—The Secretary shall con-
$1,000,000,000. (d) FIRE PREVENTION AND MITIGATION.— sult with public and private schoolbus industry
(5) SMALL TRUCKING COMPANY.—The term (1) RESEARCH AND TESTING.—The Secretary representatives and States in developing the
‘‘small trucking company’’ means a motor car- shall conduct research and testing to determine campaign materials.
rier (as defined in section 13102 of title 49, the most prevalent causes of schoolbus fires and (3) UPDATE.—The Secretary shall periodically
United States Code) with an annual revenue the best methods to prevent such fires and to update such materials.
less than $35,000,000. mitigate the effect of such fires, both inside and (c) REVIEW OF TECHNOLOGIES.—
Subtitle D—Commercial Motor Vehicle and outside the schoolbus. Such research and testing (1) IN GENERAL.—Not later than 2 years after
Schoolbus Safety shall consider— the date of enactment of this Act, the Secretary
(A) fire suppression systems standards, which shall review and evaluate the effectiveness of
SEC. 4401. SCHOOLBUS SAFETY STANDARDS.
at a minimum prevent engine fires; various technologies to enhance schoolbus safe-
(a) SCHOOLBUS SEATBELTS.— (B) firewall standards to prevent gas or flames ty, including cameras, audible warning systems,
(1) IN GENERAL.—Not later than 1 year after from entering into the passenger compartment in enhanced lighting, and other technological solu-
the date of enactment of this Act, the Secretary schoolbuses with engines that extend beyond the tions.
shall issue a notice of proposed rulemaking to firewall; and (2) CONTENT.—The review under paragraph
consider requiring large schoolbuses to be (C) interior flammability and smoke emissions (1)—
equipped with safety belts for all seating posi- characteristics standards. (A) shall include an evaluation of the costs of
tions, if the Secretary determines that such (2) STANDARDS.—The Secretary may issue fire new equipment and the potential impact on
standards meet the requirements and consider- prevention and mitigation standards for overall schoolbus ridership;
ations set forth in subsections (a) and (b) of sec- schoolbuses, based on the results of the Sec- (B) shall include an evaluation of advanced
tion 30111 of title 49, United States Code. retary’s research and testing under paragraph technologies surrounding loading zone safety;
(2) CONSIDERATIONS.—In issuing a notice of (1), if the Secretary determines that such stand- (C) shall include an evaluation of motion-acti-
proposed rulemaking under paragraph (1), the ards meet the requirements and considerations vated detection systems that are capable of—
Secretary shall consider— set forth in subsections (a) and (b) of section (i) detecting pedestrians, bicyclists, and other
(A) the safety benefits of a lap/shoulder belt 30111 of title 49, United States Code. road users located near the exterior of the
system (also known as a Type 2 seatbelt assem- (e) DEFINITIONS.—In this section: schoolbus; and
bly); (1) AUTOMATIC EMERGENCY BRAKING.—The (ii) alerting the operator of the schoolbus of
(B) the recommendations of the National term ‘‘automatic emergency braking’’ means a the road users described in clause (i);
Transportation Safety Board on seatbelts in crash avoidance system installed and oper- (D) shall include an evaluation of schoolbus
schoolbuses; ational in a vehicle that consists of— lighting systems, to ensure clear communication
(C) existing experience, including analysis of (A) a forward warning function— to surrounding drivers on their appropriate ac-
student injuries and fatalities compared to (i) to detect vehicles and objects ahead of the tion; and
States without seat belt laws, and seat belt vehicle; and (E) may include other technological solutions
usage rates, from States that require schoolbuses (ii) to alert the operator of an impending colli- that enhance schoolbus safety.
to be equipped with seatbelts, including Type 2 sion; and (3) CONSULTATION.—The Secretary shall con-
seatbelt assembly; and (B) a crash-imminent braking function to pro- sult with manufacturers of schoolbus vehicles,
(D) the impact of lap/shoulder belt systems on vide automatic braking when forward-looking manufacturers of various technologies, and
emergency evacuations, with a focus on emer- sensors of the vehicle indicate that— school bus industry representatives in con-
gency evacuations involving students below the (i) a crash is imminent; and ducting the review under paragraph (1).
age of 14, and emergency evacuations neces- (ii) the operator of the vehicle is not applying (4) PUBLICATION.—The Secretary shall make
sitated by fire or water submersion; and the brakes. the findings of the review under paragraph (1)
(E) the impact of lap/shoulder belt systems on (2) LARGE SCHOOLBUS.—The term ‘‘large publicly available on the website of the Depart-
the overall availability of schoolbus transpor- schoolbus’’ means a schoolbus with a gross vehi- ment.
tation. cle weight rating of more than 10,000 pounds. (d) REVIEW OF DRIVER EDUCATION MATE-
(3) REPORT.—If the Secretary determines that (3) SCHOOLBUS.—The term ‘‘schoolbus’’ has RIALS.—
a standard described in paragraph (1) does not the meaning given such term in section 30125(a) (1) IN GENERAL.—Not later than 2 years after
meet the requirements and considerations set of title 49, United States Code. the date of enactment of this Act, the Secretary
forth in subsections (a) and (b) of section 30111 SEC. 4402. ILLEGAL PASSING OF SCHOOLBUSES. shall—
of title 49, United States Code, the Secretary (a) REVIEW OF ILLEGAL PASSING LAWS.— (A) review driver education materials across
shall submit to the Committee on Transportation (1) IN GENERAL.—Not later than 2 years after all States to determine whether and how illegal
and Infrastructure of the House of Representa- the date of enactment of this Act, the Secretary passing of schoolbuses is addressed in driver
tives and the Committee on Commerce, Science, of Transportation shall— education materials, manuals, non-commercial
and Transportation of the Senate a report that (A) prepare a compilation of illegal passing driver’s license testing, and road tests; and
describes the reasons for not prescribing such a laws in all States, including levels of enforce- (B) make recommendations on how States can
standard. ment and penalties and enforcement issues with improve education about illegal passing of
(4) APPLICATION OF REGULATIONS.—Any regu- such laws and the impact of such laws on illegal schoolbuses, particularly with new drivers.
lation issued based on the notice of proposed passing of schoolbuses in each State; (2) CONSULTATION.—The Secretary shall con-
rulemaking described in paragraph (1) shall (B) review existing State laws that may in- sult with schoolbus industry representatives,
apply to schoolbuses manufactured more than 3 hibit effective schoolbus loading zone counter- States, motor vehicle administrators, and other
years after the date on which the regulation measures, which may include laws requiring appropriate motor vehicle experts in the prepa-
takes effect. camera visibility of a driver’s face for enforce- ration of the review under paragraph (1).
(b) AUTOMATIC EMERGENCY BRAKING.—Not ment action, laws that may reduce stop-arm (3) PUBLICATION.—The Secretary shall make
later than 2 years after the date of enactment of camera effectiveness, the need for an officer to the findings of the review under paragraph (1)
this Act, the Secretary shall— witness the event for enforcement, and the lack publicly available on the website of the Depart-
(1) prescribe a motor vehicle safety standard of primary enforcement for texting and driving; ment.
under section 30111 of title 49, United States (C) evaluate methods used by States to review, (e) REVIEW OF OTHER SAFETY ISSUES.—
Code, that requires all schoolbuses manufac- document, and report to law enforcement (1) IN GENERAL.—Not later than 2 years after
tured after the effective date of such standard to schoolbus stop-arm violations; and the date of enactment of this Act, the Secretary
be equipped with an automatic emergency brak- (D) following the completion of the compila- shall—
ing system; and tion, issue recommendations on best practices on (A) research the connections between illegal
(2) as part of such standard, establish per- the most effective approaches to address illegal passing of schoolbuses and other safety issues,
formance requirements for automatic emergency passing of schoolbuses. including distracted driving, morning darkness,
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braking systems, including operation of such (2) PUBLICATION.—The compilation and rec- poor visibility, illumination and reach of vehicle
systems. ommendations prepared under paragraph (1) headlights, speed limits, and schoolbus stop lo-
(c) ELECTRONIC STABILITY CONTROL.—Not shall be made publicly available on the website cations in rural areas; and
later than 2 years after the date of enactment of of the Department of Transportation. (B) create a report containing the findings.
this Act, the Secretary shall— (b) PUBLIC SAFETY MESSAGING CAMPAIGN.— (2) PUBLICATION.—The Secretary shall make
(1) prescribe a motor vehicle safety standard (1) IN GENERAL.—Not later than 1 year after the report created under paragraph (1)(B) pub-
under section 30111 of title 49, United States the date on which the Secretary makes the com- licly available on the website of the Department.
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2771
SEC. 4403. STATE INSPECTION OF PASSENGER- (1) REAR GUARDS ON TRAILERS AND quired under paragraph (1)(B), the Secretary
CARRYING COMMERCIAL MOTOR VE- SEMITRAILERS.— shall issue a notice in the Federal Register con-
HICLES. (A) IN GENERAL.—Not later than 1 year after taining the findings of the assessment and pro-
(a) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Secretary vide an opportunity for public comment.
the date of enactment of this Act, the Secretary of Transportation shall issue such regulations (4) REPORT TO CONGRESS.—After the conclu-
of Transportation shall issue a final rule based as are necessary to revise motor vehicle safety sion of the public comment period under para-
on the advance notice of proposed rulemaking standards under sections 571.223 and 571.224 of graph (3), the Secretary shall submit to the
published on April 27, 2016, titled ‘‘State Inspec- title 49, Code of Federal Regulations, to require Committee on Transportation and Infrastruc-
tion Programs for Passenger-Carrier Vehicles’’ trailers and semi-trailers manufactured after the ture of the House of Representatives and the
(81 Fed. Reg. 24769). date on which such regulation is issued to be Committee on Commerce, Science, and Transpor-
(b) CONSIDERATIONS.—In issuing a final rule equipped with rear impact guards that are de- tation of the Senate a report that provides—
under subsection (a), the Secretary shall con- signed to prevent passenger compartment intru- (A) the results of the assessment under this
sider the impact of continuing to allow self-in- sion from a trailer or semitrailer when a pas- subsection;
spection as a means to satisfy periodic inspec- senger vehicle traveling at 35 miles per hour (B) a summary of the public comments re-
tion requirements on the safety of passenger makes— ceived by the Secretary under paragraph (3);
carrier operations. (i) an impact in which the passenger vehicle and
SEC. 4404. AUTOMATIC EMERGENCY BRAKING. impacts the center of the rear of the trailer or (C) a determination as to whether the Sec-
(a) FEDERAL MOTOR VEHICLE SAFETY STAND- semitrailer; retary intends to develop performance require-
ARD.— (ii) an impact in which 50 percent the width ments for side underride guards, including any
(1) IN GENERAL.—Not later than 1 year after of the passenger vehicle overlaps the rear of the analysis that led to such determination.
the date of enactment of this Act, the Secretary trailer or semitrailer; and (c) ADVISORY COMMITTEE ON UNDERRIDE PRO-
of Transportation shall— (iii) an impact in which 30 percent of the TECTION.—
(A) prescribe a motor vehicle safety standard width of the passenger vehicle overlaps the rear (1) ESTABLISHMENT.—Not later than 30 days
under section 30111 of title 49, United States of the trailer or semitrailer. after the date of enactment of this Act, the Sec-
Code, that requires all commercial motor vehi- (B) EFFECTIVE DATE.—The rule issued under retary of Transportation shall establish an Ad-
cles manufactured after the effective date of subparagraph (A) shall require full compliance visory Committee on Underride Protection (in
such standard to be equipped with an automatic with the motor carrier safety standard pre- this subsection referred to as the ‘‘Committee’’)
emergency braking system; and scribed in such rule not later than 2 years after
(B) as part of such standard, establish per- to provide advice and recommendations to the
the date on which a final rule is issued. Secretary on safety regulations to reduce crash-
formance requirements for automatic emergency (2) ADDITIONAL RESEARCH.—The Secretary
braking systems, including operation of such es and fatalities involving truck underrides.
shall conduct additional research on the design (2) REPRESENTATION.—
systems in a variety of driving conditions. and development of rear impact guards that can
(2) CONSIDERATIONS.—Prior to prescribing the (A) IN GENERAL.—The Committee shall be com-
prevent underride crashes and protect motor ve- posed of not more than 20 members appointed by
standard required under paragraph (1)(A), the hicle passengers against severe injury at crash
Secretary shall— the Secretary who are not employees of the De-
speeds of up to 65 miles per hour. partment of Transportation and who are quali-
(A) conduct a review of automatic emergency
(3) REVIEW OF STANDARDS.—Not later than 5 fied to serve because of their expertise, training,
braking systems in use in commercial motor ve- years after any revisions to standards or re-
hicles and address any identified deficiencies or experience.
quirements related to rear impact guards pursu- (B) MEMBERSHIP.—Members shall include 2
with such systems in the rulemaking proceeding ant to paragraph (1), the Secretary shall review
to prescribe the standard, if practicable; representatives of each of the following:
the standards or requirements to evaluate the (i) Truck and trailer manufacturers.
(B) assess the feasibility of updating the soft-
need for changes in response to advancements (ii) Motor carriers, including independent
ware of emergency braking systems in use in
in technology and upgrade such standards ac- owner-operators.
commercial motor vehicles to address any defi-
cordingly. (iii) Law enforcement.
ciencies and to enable such systems to meet the
(4) INSPECTIONS.— (iv) Motor vehicle engineers.
new standard; and (A) IN GENERAL.—Not later than 1 year after
(C) consult with representatives of commercial (v) Motor vehicle crash investigators.
the date of enactment of this Act, the Secretary
motor vehicle drivers regarding the experiences (vi) Truck safety organizations.
shall issue such regulations as are necessary to
of drivers with automatic emergency braking (vii) The insurance industry.
amend the regulations on minimum periodic in-
systems in use in commercial motor vehicles, in- (viii) Emergency medical service providers.
spection standards under appendix G to sub-
cluding malfunctions or unwarranted activa- (ix) Families of underride crash victims.
chapter B of chapter III of title 49, Code of Fed-
tions of such systems. (x) Labor organizations.
(3) COMPLIANCE DATE.—The Secretary shall eral Regulations, and driver vehicle inspection
(3) COMPENSATION.—Members of the Com-
ensure that the compliance date of the standard reports under section 396.11 of title 49, Code of
mittee shall serve without compensation.
prescribed pursuant to paragraph (1) shall be Federal Regulations, to include rear impact
(4) MEETINGS.—The Committee shall meet at
not later than 2 years after the date of publica- guards and rear end protection (as required by
least annually.
tion of the final rule prescribing such standard. section 393.86 of title 49, Code of Federal Regu-
(5) SUPPORT.—On request of the Committee,
(b) FEDERAL MOTOR CARRIER SAFETY REGULA- lations).
the Secretary shall provide information, admin-
TION.—Not later than 1 year after the date of (B) CONSIDERATIONS.—In updating the regula-
istrative services, and supplies necessary for the
enactment of this Act, the Secretary shall issue tions described in subparagraph (A), the Sec-
Committee to carry out the duties described in
a regulation under section 31136 of title 49, retary shall consider it to be a defect or a defi-
paragraph (1).
United States Code, that requires that an auto- ciency if a rear impact guard is missing or has
(6) REPORT.—The Committee shall submit to
matic emergency braking system installed in a a corroded or compromised element that affects
the Committee on Transportation and Infra-
commercial motor vehicle that is in operation on the structural integrity and protective feature of
structure of the House of Representatives and
or after the effective date of the standard pre- such guard.
the Committee on Commerce, Science, and
scribed under subsection (a) be used at any time (b) SIDE UNDERRIDE GUARDS.—
(1) IN GENERAL.—Not later than 1 year after Transportation of the Senate a biennial report
during which such commercial motor vehicle is that shall—
in operation. the date of enactment of this Act, the Secretary
shall— (A) describe the advice and recommendations
(c) DEFINITIONS.—In this section: made to the Secretary; and
(1) AUTOMATIC EMERGENCY BRAKING SYSTEM.— (A) complete additional research on side
underride guards to better understand the over- (B) include an assessment of progress made by
The term ‘‘automatic emergency braking sys- the Secretary in advancing safety regulations.
tem’’ means a crash avoidance system installed all effectiveness of such guards;
(B) assess the feasibility, benefits, and costs (d) DATA COLLECTION.—Not later than 1 year
and operational in a vehicle that consists of— after the date of enactment of this Act, the Sec-
(A) a forward collision warning function— associated with installing side underride guards
on newly manufactured trailers and semitrailers retary shall implement recommendations 1 and 2
(i) to detect vehicles and objects ahead of the
with a gross vehicle weight rating of 10,000 described in the report by the Government Ac-
vehicle; and
pounds or more; and countability Office published on March 14, 2019,
(ii) to alert the operator of the vehicle of an
(C) if warranted, develop performance stand- titled ‘‘Truck Underride Guards: Improved Data
impending collision; and
(B) a crash-imminent braking function to pro- ards for such guards. Collection, Inspections, and Research Needed’’
vide automatic braking when forward-looking (2) INDEPENDENT RESEARCH.—If the Secretary (GAO–19–264).
sensors of the vehicle indicate that— enters into a contract with a third party to per- SEC. 4406. TRANSPORTATION OF HORSES.
(i) a crash is imminent; and form the research required under paragraph Section 80502 of title 49, United States Code, is
(ii) the operator of the vehicle is not applying (1)(A), the Secretary shall ensure that such amended—
dlhill on DSK120RN23PROD with HOUSE
the brakes. third party does not have any financial or con- (1) in subsection (c) by striking ‘‘This section
(2) COMMERCIAL MOTOR VEHICLE.—The term tractual ties or relationship with a motor carrier does not’’ and inserting ‘‘Subsections (a) and (b)
‘‘commercial motor vehicle’’ has the meaning that transports passengers or property for com- shall not’’;
given such term in section 31101 of title 49, pensation, the motor carrier industry, or an en- (2) by redesignating subsection (d) as sub-
United States Code. tity producing or supplying underride guards. section (e);
SEC. 4405. UNDERRIDE PROTECTION. (3) PUBLICATION OF ASSESSMENT.—Not later (3) by inserting after subsection (c) the fol-
(a) REAR UNDERRIDE GUARDS.— than 90 days after completing the assessment re- lowing:
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H2772 CONGRESSIONAL RECORD — HOUSE June 30, 2020
‘‘(d) TRANSPORTATION OF HORSES.— 23, United States Code, $152,000,000 for each of (1) in subsection (a)(2) by striking ‘‘section
‘‘(1) PROHIBITION.—No person may transport, fiscal years 2022 through 2025. 508’’ and inserting ‘‘section 6503 of title 49’’; and
or cause to be transported, a horse from a place (3) TRAINING AND EDUCATION.—To carry out (2) in subsection (b)—
in a State, the District of Columbia, or a terri- section 504 of title 23, United States Code, (A) in paragraph (3)—
tory or possession of the United States through $26,000,000 for each of fiscal years 2022 through (i) in subparagraph (A)—
or to a place in another State, the District of 2025. (I) in clause (ii) by striking ‘‘; and’’ and in-
Columbia, or a territory or possession of the (4) INTELLIGENT TRANSPORTATION SYSTEMS serting a semicolon;
United States in a motor vehicle containing 2 or PROGRAM.—To carry out sections 512 through (II) in clause (iii) by striking the period and
more levels stacked on top of each other. 518 of title 23, United States Code, $100,000,000 inserting ‘‘; and’’; and
‘‘(2) MOTOR VEHICLE DEFINED.—In this sub- for each of fiscal years 2022 through 2025. (III) by adding at the end the following:
section, the term ‘motor vehicle’— (5) UNIVERSITY TRANSPORTATION CENTERS PRO- ‘‘(iv) to reduce greenhouse gas emissions and
‘‘(A) means a vehicle driven or drawn by me- GRAM.—To carry out section 5505 of title 49, limit the effects of climate change.’’; and
chanical power and manufactured primarily for United States Code, $96,000,000 for each of fiscal (ii) by striking subparagraphs (D) and (E);
use on public highways; and years 2022 through 2025. (B) in paragraph (4)(A)—
‘‘(B) does not include a vehicle operated ex- (6) BUREAU OF TRANSPORTATION STATISTICS.— (i) in clause (ii) by striking ‘‘; and’’ and in-
clusively on a rail or rails.’’; and To carry out chapter 63 of title 49, United States serting a semicolon;
(4) in subsection (e), as redesignated— Code, $27,000,000 for each of fiscal years 2022 (ii) in clause (iii) by striking the period and
(A) by striking ‘‘A rail carrier’’ and inserting through 2025. inserting ‘‘; and’’; and
the following: (b) ADDITIONAL PROGRAMS.—The following (iii) by adding at the end the following:
‘‘(1) IN GENERAL.—A rail carrier’’; amounts are authorized to be appropriated out ‘‘(iv) to reduce greenhouse gas emissions and
(B) by striking ‘‘this section’’ and inserting of the Highway Trust Fund (other than the limit the effects of climate change.’’;
‘‘subsection (a) or (b)’’; and Mass Transit Account): (C) in paragraph (5)(A)—
(C) by striking ‘‘On learning’’ and inserting (1) SAFE, EFFICIENT MOBILITY THROUGH AD- (i) in clause (iv) by striking ‘‘; and’’ and in-
the following: VANCED TECHNOLOGIES.—To carry out section serting a semicolon;
‘‘(2) TRANSPORTATION OF HORSES IN MULTI- 503(c)(4) of title 23, United States Code, (ii) in clause (v) by striking the period and in-
LEVEL TRAILER.— $70,000,000 for each of fiscal years 2022 through serting ‘‘; and’’; and
‘‘(A) CIVIL PENALTY.—A person that know- 2025 from funds made available to carry out sec- (iii) by adding at the end the following:
ingly violates subsection (d) is liable to the tion 503(c) of such title. ‘‘(vi) reducing greenhouse gas emissions and
United States Government for a civil penalty of (2) MATERIALS TO REDUCE GREENHOUSE GAS limiting the effects of climate change.’’; and
at least $100, but not more than $500, for each EMISSIONS PROGRAM.—To carry out section (D) by adding at the end the following:
violation. A separate violation of subsection (d) 503(d) of title 23, United States Code, $10,000,000 ‘‘(9) ANALYSIS TOOLS.—The Secretary may de-
occurs for each horse that is transported, or for each of fiscal years 2022 through 2025 from velop interactive modeling tools and databases
caused to be transported, in violation of sub- funds made available to carry out section 503(c) that—
section (d). of such title. ‘‘(A) track the condition of highway assets,
‘‘(B) RELATIONSHIP TO OTHER LAWS.—The (3) NATIONAL HIGHLY AUTOMATED VEHICLE AND including interchanges, and the reconstruction
penalty imposed under subparagraph (A) shall MOBILITY INNOVATION CLEARINGHOUSE.—To history of such assets;
be in addition to any penalty or remedy avail- carry out section 5507 of title 49, United States ‘‘(B) can be used to assess transportation op-
able under any other law. Code, $2,000,000 for each of fiscal years 2022 tions;
‘‘(3) CIVIL ACTION.—On learning’’. through 2025 from funds made available to carry ‘‘(C) allow for the monitoring and modeling of
SEC. 4407. ADDITIONAL STATE AUTHORITY. out sections 512 through 518 of title 23, United network-level traffic flows on highways; and
States Code. ‘‘(D) further Federal and State understanding
(a) ADDITIONAL AUTHORITY.—Notwith-
(4) NATIONAL COOPERATIVE MULTIMODAL of the importance of national and regional
standing the limitation in section 127(d) of title
FREIGHT TRANSPORTATION RESEARCH PROGRAM.— connectivity and the need for long-distance and
23, United States Code, if a State had in effect
To carry out section 70205 of title 49, United interregional passenger and freight travel by
on or before June 1, 1991 a statute or regulation
States Code, $4,000,000 for each of fiscal years highway and other surface transportation
which placed a limitation on the overall length
2022 through 2025 from funds made available to modes.
of a longer combination vehicle consisting of 3
carry out section 503(b) of title 23, United States ‘‘(10) PERFORMANCE MANAGEMENT DATA SUP-
trailers, such State may allow the operation of
Code. PORT PROGRAM.—
a longer combination vehicle to accommodate a
(5) STATE SURFACE TRANSPORTATION SYSTEM ‘‘(A) PERFORMANCE MANAGEMENT DATA SUP-
longer energy efficient truck tractor in such
FUNDING PILOTS.—To carry out section 6020 of PORT.—The Administrator of the Federal High-
longer combination vehicle under such limita-
the FAST Act (23 U.S.C. 503 note), $35,000,000 way Administration shall develop, use, and
tion, if the additional tractor length is the only
for each of fiscal years 2022 through 2025 from maintain data sets and data analysis tools to
added length to such longer combination vehicle
funds made available to carry out section 503(b) assist metropolitan planning organizations,
and does not result in increased cargo capacity
of title 23, United States Code. States, and the Federal Highway Administra-
in weight or volume. (6) NATIONAL SURFACE TRANSPORTATION SYS- tion in carrying out performance management
(b) SAVINGS CLAUSE.—Nothing in this section
TEM FUNDING PILOT.—To carry out section 5402 analyses (including the performance manage-
authorizes a State to allow an increase in the
of this title, $10,000,000 for each of fiscal years ment requirements under section 150).
length of a trailer, semitrailer, or other cargo-
2022 through 2025 from funds made available to ‘‘(B) INCLUSIONS.—The data analysis activi-
carrying unit of a longer combination vehicle.
carry out section 503(b) of title 23, United States ties authorized under subparagraph (A) may in-
(c) LONGER COMBINATION VEHICLE DEFINED.—
Code. clude—
The term ‘‘longer combination vehicle’’ has the (c) ADMINISTRATION.—The Federal Highway ‘‘(i) collecting and distributing vehicle probe
meaning given such term in section 127 of title Administration shall— data describing traffic on Federal-aid highways;
23, United States Code. (1) administer the programs described in para- ‘‘(ii) collecting household travel behavior data
SEC. 4408. UPDATING THE REQUIRED AMOUNT OF graphs (1), (2), and (3) of subsection (a) and to assess local and cross-jurisdictional travel,
INSURANCE FOR COMMERCIAL
paragraph (1) of subsection (b); and including to accommodate external and through
MOTOR VEHICLES.
(2) in consultation with relevant modal ad- travel;
Section 31139(b) of title 49, United States ministrations, administer the programs described
Code, is amended— ‘‘(iii) enhancing existing data collection and
in subsections (a)(4) and (b)(2). analysis tools to accommodate performance
(1) in paragraph (2), by striking ‘‘$750,000’’ (d) TREATMENT OF FUNDS.—Funds authorized
and inserting ‘‘$2,000,000’’; and measures, targets, and related data, so as to bet-
to be appropriated by subsections (a) and (b) ter understand trip origin and destination, trip
(2) by adding at the end the following: shall—
‘‘(3) ADJUSTMENT.—The Secretary, in con- time, and mode;
(1) be available for obligation in the same ‘‘(iv) enhancing existing data analysis tools to
sultation with the Bureau of Labor Statistics, manner as if those funds were apportioned
shall adjust the minimum level of financial re- improve performance predictions and travel
under chapter 1 of title 23, United States Code, models in reports described in section 150(e);
sponsibility under paragraph (2) quinquennially except that the Federal share of the cost of a
for inflation.’’. ‘‘(v) developing tools—
project or activity carried out using those funds ‘‘(I) to improve performance analysis; and
TITLE V—INNOVATION shall be 80 percent, unless otherwise expressly ‘‘(II) to evaluate the effects of project invest-
SEC. 5001. AUTHORIZATION OF APPROPRIATIONS. provided by this title (including the amendments ments on performance;
(a) IN GENERAL.—The following amounts are by this title) or otherwise determined by the Sec- ‘‘(vi) assisting in the development or procure-
authorized to be appropriated out of the High- retary; and ment of the transportation system access data
way Trust Fund (other than the Mass Transit (2) remain available until expended and not under section 1403(g) of the INVEST in America
be transferable, except as otherwise provided in
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Account): Act; and
(1) HIGHWAY RESEARCH AND DEVELOPMENT this title. ‘‘(vii) developing tools and acquiring data de-
PROGRAM.—To carry out section 503(b) of title Subtitle A—Research and Development scribed under paragraph (9).
23, United States Code, $144,000,000 for each of SEC. 5101. HIGHWAY RESEARCH AND DEVELOP- ‘‘(C) FUNDING.—The Administrator of the Fed-
fiscal years 2022 through 2025. MENT PROGRAM. eral Highway Administration may use up to
(2) TECHNOLOGY AND INNOVATION DEPLOYMENT (a) IN GENERAL.—Section 503 of title 23, $15,000,000 for each of fiscal years 2022 through
PROGRAM.—To carry out section 503(c) of title United States Code, is amended— 2025 to carry out this paragraph.’’.
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2773
(b) REPEAL.—Section 6028 of the FAST Act (23 ‘‘(i) coordinate the research, education, and ‘‘(vi) Reducing greenhouse gas emissions.’’;
U.S.C. 150 note), and the item relating to such technology transfer activities carried out by and
section in the table of contents in section 1(b) of grant recipients under this subsection; (B) in subparagraph (B)—
such Act, are repealed. ‘‘(ii) disseminate the results of that research (i) by striking ‘‘Technology and’’ and insert-
SEC. 5102. MATERIALS TO REDUCE GREENHOUSE through the establishment and operation of a ing ‘‘Technology,’’; and
GAS EMISSIONS PROGRAM. publicly accessible online information clearing- (ii) by inserting ‘‘, the Associate Administrator
Section 503 of title 23, United States Code, as house; and for Research, Demonstration, and Innovation
amended by section 5101, is further amended by ‘‘(iii) to the extent practicable, support the de- and Administrator of the Federal Transit Ad-
adding at the end the following: ployment and commercial adoption of effective ministration,’’ after ‘‘Federal Highway Adminis-
‘‘(d) MATERIALS TO REDUCE GREENHOUSE GAS materials researched or developed under this tration’’;
EMISSIONS PROGRAM.— subsection to relevant stakeholders. (2) in subsection (c)—
‘‘(1) IN GENERAL.—Not later than 6 months ‘‘(B) ANNUAL REVIEW AND EVALUATION.—Not (A) in paragraph (1)—
after the date of enactment of this subsection, later than 2 years after the date of enactment of (i) by striking ‘‘Not later than 1 year after the
the Secretary shall establish and implement a this subsection, and not less frequently than an- date of enactment of this section,’’ and inserting
program under which the Secretary shall award nually thereafter, the Secretary shall, consistent the following:
grants to eligible entities to research and sup- with the activities in paragraph (3)— ‘‘(A) SELECTION OF GRANTS.—Not later than 1
port the development of materials that will re- ‘‘(i) review and evaluate the programs carried year after the date of enactment of the INVEST
duce or sequester the amount of greenhouse gas out under this subsection by grant recipients, in America Act,’’; and
emissions generated during the production of describing the effectiveness of the program in (ii) by adding at the end the following:
highway materials and the construction and use identifying materials that reduce or sequester ‘‘(B) LIMITATIONS.—A grant under this sub-
of highways. greenhouse gas emissions; section may not include a cooperative agreement
‘‘(2) ACTIVITIES.—The Secretary shall ensure ‘‘(ii) submit to the Committee on Transpor- described in section 6305 of title 31.’’;
that the program, at a minimum— tation and Infrastructure of the House of Rep- (B) in paragraph (2)—
‘‘(A) carries out research to determine the ma- resentatives and the Committee on Environment (i) in subparagraph (A) by striking ‘‘5 con-
terials proven to most effectively reduce or se- and Public Works of the Senate a report describ- sortia’’ and inserting ‘‘6 consortia’’;
quester greenhouse gas emissions; ing such review and evaluation; and (ii) in subparagraph (B)—
‘‘(B) evaluates and improves the ability of ma- ‘‘(iii) make the report in clause (ii) available (I) in clause (i) by striking ‘‘not greater than
terials to most effectively reduce or sequester to the public on a website. $4,000,000 and not less than $2,000,000’’ and in-
greenhouse gas emissions; and ‘‘(6) LIMITATION ON AVAILABILITY OF serting ‘‘not greater than $4,250,000 and not less
‘‘(C) supports the development and deploy- AMOUNTS.—Amounts made available to carry than $2,250,000’’; and
ment of materials that will reduce or sequester out this subsection shall remain available for (II) in clause (ii) by striking ‘‘section 6503(c)’’
greenhouse gas emissions. obligation by the Secretary for a period of 3 and inserting ‘‘subsection (b)(4)(A)’’;
‘‘(3) COMPETITIVE SELECTION PROCESS.— years after the last day of the fiscal year for (iii) in subparagraph (C) by striking ‘‘100 per-
‘‘(A) APPLICATIONS.—To be eligible to receive which the amounts are authorized. cent’’ and inserting ‘‘50 percent’’; and
a grant under this subsection, an eligible entity ‘‘(7) INFORMATION COLLECTION.—Any survey, (iv) by adding at the end the following:
shall submit to the Secretary an application in questionnaire, or interview that the Secretary ‘‘(D) REQUIREMENT.—In awarding grants
such form and containing such information as determines to be necessary to carry out report- under this section, the Secretary shall award 1
the Secretary may require. ing requirements relating to any program assess- grant to a national consortia for each focus
‘‘(B) CONSIDERATION.—In making grants ment or evaluation activity under this sub- area described in subsection (b)(4)(A).’’;
under this subsection, the Secretary shall con- section, including customer satisfaction assess- (C) in paragraph (3)—
sider the degree to which applicants presently ments, shall not be subject to chapter 35 of title (i) in subparagraph (C) by striking ‘‘not
carry out research on materials that reduce or 44. greater than $3,000,000 and not less than
sequester greenhouse gas emissions. ‘‘(8) DEFINITION OF ELIGIBLE ENTITY.—In this $1,500,000’’ and inserting ‘‘not greater than
‘‘(C) SELECTION CRITERIA.—The Secretary may subsection, the term ‘eligible entity’ means a $3,250,000 and not less than $1,750,000’’;
make grants under this subsection to any eligi- nonprofit institution of higher education, as (ii) in subparagraph (D)(i) by striking ‘‘100
ble entity based on the demonstrated ability of such term is defined in section 101 of the Higher percent’’ and inserting ‘‘50 percent’’; and
the applicant to fulfill the activities described in Education Act of 1965 (20 U.S.C. 1001).’’. (iii) by striking subparagraph (E); and
paragraph (2). SEC. 5103. TRANSPORTATION RESEARCH AND DE- (D) in paragraph (4)—
‘‘(D) TRANSPARENCY.— VELOPMENT 5-YEAR STRATEGIC (i) in subparagraph (A) by striking ‘‘greater
‘‘(i) IN GENERAL.—The Secretary shall provide PLAN. than $2,000,000 and not less than $1,000,000’’
to each eligible entity submitting an application Section 6503 of title 49, United States Code, is and inserting ‘‘greater than $2,250,000 and not
under this subsection, upon request, any mate- amended— less than $1,250,000’’; and
rials, including copies of reviews (with any in- (1) in subsection (a) by striking ‘‘The Sec- (ii) by striking subparagraph (C) and insert-
formation that would identify a reviewer re- retary’’ and inserting ‘‘For the period of fiscal ing the following:
dacted), used in the evaluation process of the years 2017 through 2021, and for each 5-year pe- ‘‘(C) REQUIREMENTS.—In awarding grants
application of such entity. riod thereafter, the Secretary’’; under this paragraph, the Secretary shall—
‘‘(ii) REPORTS.—The Secretary shall submit to (2) in subsection (c)(1)— ‘‘(i) consider consortia that include institu-
the Committee on Transportation and Infra- (A) in subparagraph (D) by inserting ‘‘and tions that have demonstrated an ability in
structure of the House of Representatives and the existing transportation system’’ after ‘‘infra- transportation-related research; and
the Committee on Environment and Public structure’’; ‘‘(ii) award not less than 2 grants under this
Works of the Senate a report describing the (B) in subparagraph (E) by striking ‘‘; and’’ section to minority institutions, as such term is
overall review process for a grant under this and inserting a semicolon; defined in section 365 of the Higher Education
subsection, including— (C) by amending subparagraph (F) to read as Act of 1965 (20 U.S.C. 1067k).
‘‘(I) specific criteria of evaluation used in the follows: ‘‘(D) FOCUSED RESEARCH.—
review; ‘‘(F) reducing greenhouse gas emissions; ‘‘(i) IN GENERAL.—In awarding grants under
‘‘(II) descriptions of the review process; and and’’; and this section, the Secretary shall select not less
‘‘(III) explanations of the grants awarded. (D) by adding at the end the following: than 1 grant recipient with each of the fol-
‘‘(4) GRANTS.— ‘‘(G) developing and maintaining a diverse lowing focus areas:
‘‘(A) RESTRICTIONS.— workforce in transportation sectors;’’; and ‘‘(I) Transit.
‘‘(i) IN GENERAL.—For each fiscal year, a (3) in subsection (d) by striking ‘‘not later ‘‘(II) Connected and automated vehicle tech-
grant made available under this subsection shall than December 31, 2016,’’ and inserting ‘‘not nology.
be not greater than $4,000,000 and not less than later than December 31, 2021,’’. ‘‘(III) Non-motorized transportation, includ-
$2,000,000 per recipient. SEC. 5104. UNIVERSITY TRANSPORTATION CEN- ing bicycle and pedestrian safety.
‘‘(ii) LIMITATION.—An eligible entity may only TERS PROGRAM. ‘‘(IV) Transportation planning, including de-
receive 1 grant in a fiscal year under this sub- Section 5505 of title 49, United States Code, is veloping metropolitan planning practices to
section. amended— meet the considerations described in section
‘‘(B) MATCHING REQUIREMENTS.— (1) in subsection (b)(4)— 134(c)(4) of title 23 and section 5303(c)(4).
‘‘(i) IN GENERAL.—As a condition of receiving (A) in subparagraph (A) by striking ‘‘research ‘‘(V) The surface transportation workforce,
a grant under this subsection, a grant recipient priorities identified in chapter 65.’’ and insert- including—
shall match 50 percent of the amounts made ing the following: ‘‘following research priorities: ‘‘(aa) current and future workforce needs and
available under the grant. ‘‘(i) Improving the mobility of people and challenges; and
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‘‘(ii) SOURCES.—The matching amounts re- goods. ‘‘(bb) the impact of technology on the trans-
ferred to in clause (i) may include amounts ‘‘(ii) Reducing congestion. portation sector.
made available to the recipient under— ‘‘(iii) Promoting safety. ‘‘(VI) Climate change mitigation, including—
‘‘(I) section 504(b); or ‘‘(iv) Improving the durability and extending ‘‘(aa) researching the types of transportation
‘‘(II) section 505. the life of transportation infrastructure and the projects that are expected to provide the most
‘‘(5) PROGRAM COORDINATION.— existing transportation system. significant greenhouse gas emissions reductions
‘‘(A) IN GENERAL.—The Secretary shall— ‘‘(v) Preserving the environment. from the surface transportation sector; and
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H2774 CONGRESSIONAL RECORD — HOUSE June 30, 2020
‘‘(bb) researching the types of transportation the research proposal does not cover an area of ‘‘(2) representatives of any other Federal
projects that are not expected to provide signifi- need; and agencies relevant in supporting the nation’s
cant greenhouse gas emissions reductions from ‘‘(iii) if applicable, recommends that the re- multimodal freight transportation research
the surface transportation sector. search proposal be submitted to another re- needs;
‘‘(VII) Rail. search program; and ‘‘(3) a representative of a State department of
‘‘(ii) ADDITIONAL GRANTS.—In awarding ‘‘(B) if the research proposal is selected for transportation;
grants under this section and after awarding funding under this section, notifies the eligible ‘‘(4) a representative of a local government
grants pursuant to clause (i), the Secretary may entity that the research proposal has been se- (other than a metropolitan planning organiza-
award any remaining grants to any grant re- lected for funding; and tion);
cipient based on the criteria described in sub- ‘‘(4) fund the proposals described in para- ‘‘(5) a representative of a metropolitan plan-
section (b)(4)(A). graph (3)(B). ning organization;
‘‘(E) CONSIDERATIONS FOR SELECTED INSTITU- ‘‘(d) REPORT.—Not later than 18 months after ‘‘(6) a representative of the trucking industry;
TIONS.— the date of enactment of this section, and annu- ‘‘(7) a representative of the railroad industry;
‘‘(i) IN GENERAL.—Tier 1 transportation cen- ally thereafter, the Secretary shall make avail- ‘‘(8) a representative of the port industry;
ters awarded a grant under this paragraph with able to the public on a public website a report ‘‘(9) a representative of logistics industry;
a focus area described in subparagraph on the progress and findings of the program es- ‘‘(10) a representative of shipping industry;
(D)(i)(IV) shall consider the following areas for tablished under subsection (a). ‘‘(11) a representative of a safety advocacy
research: ‘‘(e) FEDERAL SHARE.— group with expertise in freight transportation;
‘‘(I) strategies to address climate change miti- ‘‘(1) IN GENERAL.—The Federal share of the ‘‘(12) an academic expert on multimodal
gation and impacts described in section cost of an activity carried out under this section freight transportation;
134(i)(2)(I)(ii) of title 23 and the incorporation of may not exceed 50 percent. ‘‘(13) an academic expert on the contributions
such strategies into long range transportation ‘‘(2) NON-FEDERAL SHARE.—All costs directly of freight movement to greenhouse gas emis-
plan; and incurred by the non-Federal partners, including sions; and
‘‘(II) preparation of a vulnerability assess- personnel, travel, facility, and hardware devel- ‘‘(14) representatives of labor organizations
ment described in section 134(i)(2)(I)(iii) of title opment costs, shall be credited toward the non- representing workers in freight transportation.
23. Federal share of the cost of an activity carried ‘‘(d) ELEMENTS.—The national cooperative
‘‘(ii) ACTIVITIES.—A tier 1 transportation cen- out under this section. multimodal freight transportation research pro-
ter receiving a grant under this section with a ‘‘(f) FUNDING.— gram established under this section shall include
focus area described in subparagraph (D)(i)(IV) ‘‘(1) IN GENERAL.—Of the funds made avail- the following elements:
may— able to carry out the university transportation ‘‘(1) NATIONAL RESEARCH AGENDA.—The advi-
‘‘(I) establish best practices; centers program under section 5505, $2,000,000 sory committee under subsection (c), in con-
‘‘(II) develop modeling tools; and shall be available for each of fiscal years 2022 sultation with interested parties, shall rec-
‘‘(III) carry out other activities and develop through 2025 to carry out this section. ommend a national research agenda for the pro-
technology that addresses the planning consid- ‘‘(2) FUNDING FLEXIBILITY.— gram established in this section.
erations described in clause (i). ‘‘(A) IN GENERAL.—For fiscal years 2022 ‘‘(2) INVOLVEMENT.—Interested parties may—
‘‘(iii) LIMITATION.—Research under this sub- through 2025, funds made available under para- ‘‘(A) submit research proposals to the advisory
paragraph shall focus on metropolitan planning graph (1) shall remain available until expended. committee;
organizations that represent urbanized areas ‘‘(B) UNCOMMITTED FUNDS.—If the Secretary ‘‘(B) participate in merit reviews of research
with populations of 200,000 or fewer.’’; determines, at the end of a fiscal year, funds proposals and peer reviews of research products;
(3) in subsection (d)(3) by striking ‘‘fiscal under paragraph (1) remain unexpended as a and
years 2016 through 2020’’ and inserting ‘‘fiscal result of a lack of meritorious projects under ‘‘(C) receive research results.
years 2022 through 2025’’; this section, the Secretary may, for the fol- ‘‘(3) OPEN COMPETITION AND PEER REVIEW OF
(4) by redesignating subsection (f) as sub- lowing fiscal year, make remaining funds avail- RESEARCH PROPOSALS.—The National Academy
section (g); and able under either this section or under section of Sciences may award research contracts and
(5) by inserting after subsection (e) the fol- 5505. grants under the program through open com-
lowing: ‘‘(g) ELIGIBLE ENTITY DEFINED.—In this sec- petition and merit review conducted on a reg-
‘‘(f) SURPLUS AMOUNTS.— tion, the term ‘eligible entity’ means ular basis.
‘‘(1) IN GENERAL.—Amounts made available to ‘‘(1) a State; ‘‘(4) EVALUATION OF RESEARCH.—
the Secretary to carry out this section that re- ‘‘(2) a unit of local government; ‘‘(A) PEER REVIEW.—Research contracts and
main unobligated after awarding grants under ‘‘(3) a transit agency; grants under the program may allow peer review
subsection (c) shall be made available under the ‘‘(4) any nonprofit institution of higher edu-
of the research results.
unsolicited research initiative under section cation, including a university transportation
‘‘(B) PROGRAMMATIC EVALUATIONS.—The Na-
5506. center under section 5505; and
tional Academy of Sciences shall conduct peri-
‘‘(2) LIMITATION ON AMOUNTS.—Amounts ‘‘(5) a nonprofit organization.’’.
odic programmatic evaluations on a regular
under paragraph (1) shall not exceed $2,000,000 (b) CLERICAL AMENDMENT.—The analysis for
basis of research contracts and grants.
for any given fiscal year.’’. chapter 55 of title 49, United States Code, is
‘‘(5) DISSEMINATION OF RESEARCH FINDINGS.—
SEC. 5105. UNSOLICITED RESEARCH INITIATIVE. amended by inserting after the item relating to
‘‘(A) IN GENERAL.—The National Academy of
(a) IN GENERAL.—Subchapter I of chapter 55 section 5505 the following new item:
Sciences shall disseminate research findings to
of title 49, United States Code, is amended by ‘‘5506. Unsolicited research initiative.’’. researchers, practitioners, and decisionmakers,
adding at the end the following: SEC. 5106. NATIONAL COOPERATIVE through conferences and seminars, field dem-
MULTIMODAL FREIGHT TRANSPOR- onstrations, workshops, training programs,
‘‘§ 5506. Unsolicited research initiative
TATION RESEARCH PROGRAM.
‘‘(a) IN GENERAL.—Not later than 180 days presentations, testimony to government officials,
(a) IN GENERAL.—Chapter 702 of title 49, a public website for the National Academy of
after the date of enactment of this section, the United States Code, is amended by adding at the
Secretary shall establish a program under which Sciences, publications for the general public,
end the following: and other appropriate means.
an eligible entity may at any time submit unso-
‘‘§ 70205. National cooperative multimodal ‘‘(B) REPORT.—Not more than 18 months after
licited research proposals for funding under this
freight transportation research program the date of enactment of this section, and annu-
section.
‘‘(b) CRITERIA.—A research proposal sub- ‘‘(a) ESTABLISHMENT.—Not later than 1 year ally thereafter, the Secretary shall make avail-
mitted under subsection (a) shall meet the pur- after the date of enactment of this section, the able on a public website a report that describes
poses of the Secretary’s 5-year transportation Secretary shall establish and support a national the ongoing research and findings of the pro-
research and development strategic plan de- cooperative multimodal freight transportation gram.
scribed in section 6503(c)(1). research program. ‘‘(e) CONTENTS.—The national research agen-
‘‘(c) PROJECT REVIEW.—Not later than 90 days ‘‘(b) AGREEMENT.—Not later than 6 months da under subsection (d)(1) shall include—
after an eligible entity submits a proposal under after the date of enactment of this section, the ‘‘(1) techniques and tools for estimating and
subsection (a), the Secretary shall— Secretary shall seek to enter into an agreement identifying both quantitative and qualitative
‘‘(1) review the research proposal submitted with the National Academy of Sciences to sup- public benefits derived from multimodal freight
under subsection (a); port and carry out administrative and manage- transportation projects, including—
‘‘(2) evaluate such research proposal relative ment activities relating to the governance of the ‘‘(A) greenhouse gas emissions reduction;
to the criteria described in subsection (b); national cooperative multimodal freight trans- ‘‘(B) congestion reduction; and
‘‘(3) provide to such eligible entity a written portation research program. ‘‘(C) safety benefits;
notice that— ‘‘(c) ADVISORY COMMITTEE.—In carrying out ‘‘(2) the impact of freight delivery vehicles, in-
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‘‘(A) if the research proposal is not selected the agreement described in subsection (b), the cluding trucks, railcars, and non-motorized ve-
for funding under this section— National Academy of Sciences shall select a hicles, on congestion in urban and rural areas;
‘‘(i) notifies the eligible entity that the re- multimodal freight transportation research advi- ‘‘(3) the impact of both centralized and dis-
search proposal has not been selected for fund- sory committee consisting of multimodal freight parate origins and destinations on freight move-
ing; stakeholders, including, at a minimum— ment;
‘‘(ii) provides an explanation as to why the ‘‘(1) a representative of the Department of ‘‘(4) the impacts of increasing freight volumes
research proposal was not selected, including if Transportation; on transportation planning, including—
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2775
‘‘(A) first-mile and last-mile challenges to (i) conduct a thorough review of research and (i) the Secretary of the Interior;
multimodal freight movement; data relating to— (ii) the Secretary of Agriculture, acting
‘‘(B) multimodal freight travel in both urban (I) wildlife-vehicle collisions; and through the Chief of the Forest Service;
and rural areas; and (II) habitat fragmentation that results from (iii) Tribal, State, and local transportation
‘‘(C) commercial motor vehicle parking and transportation infrastructure; and wildlife authorities;
rest areas; (ii) survey current practices of the Department (iv) metropolitan planning organizations (as
‘‘(5) the effects of Internet commerce and ac- of Transportation and State departments of such term is defined in section 134(b) of title 23,
celerated delivery speeds on freight movement transportation to reduce wildlife-vehicle colli- United States Code);
and increased commercial motor vehicle volume, sions; and (v) members of the American Association of
including impacts on— (iii) consult with— State Highway and Transportation Officials;
‘‘(A) safety on public roads; (I) appropriate experts in the field of wildlife- (vi) members of the Association of Fish and
‘‘(B) congestion in both urban and rural vehicle collisions; and Wildlife Agencies;
areas; (II) appropriate experts on the effects of roads (vii) experts in the field of wildlife-vehicle col-
‘‘(C) first-mile and last-mile challenges and and traffic on habitat connectivity for terres- lisions;
opportunities; trial and aquatic species. (viii) nongovernmental organizations; and
‘‘(D) the environmental impact of freight (3) REPORT.— (ix) other interested stakeholders, as appro-
transportation, including on air quality and on (A) IN GENERAL.—Not later than 18 months priate.
greenhouse gas emissions; and after the date of enactment of this Act, the Sec- (2) STANDARDIZED NATIONAL DATA SYSTEM
‘‘(E) vehicle miles-traveled by freight-deliv- retary shall submit to Congress a report on the WITH VOLUNTARY TEMPLATE IMPLEMENTATION.—
ering vehicles; results of the study required under paragraph The Secretary shall—
‘‘(6) the impacts of technological advance- (1). (A) develop a template for State implementa-
ments in freight movement, including impacts (B) CONTENTS.—The report required under tion of a standardized national wildlife collision
on— subparagraph (A) shall include— and carcass data system for the National High-
‘‘(A) congestion in both urban and rural (i) a description of— way System that is based on the standardized
areas; (I) the causes of wildlife-vehicle collisions; methodology developed under paragraph (1);
‘‘(B) first-mile and last-mile challenges and (II) the impacts of wildlife-vehicle collisions; and
opportunities; and and (B) encourage the voluntary implementation
‘‘(C) vehicle miles-traveled; (III) the impacts of roads and traffic on— of the template developed under subparagraph
‘‘(7) methods and best practices for aligning (aa) species listed as threatened species or en-
(A) for States, metropolitan planning organiza-
multimodal infrastructure improvements with dangered species under the Endangered Species
tions, and additional relevant transportation
multimodal freight transportation demand, in- Act of 1973 (16 U.S.C. 1531 et seq.);
(bb) species identified by States as species of stakeholders.
cluding improvements to the National (3) REPORTS.—
greatest conservation need; (A) METHODOLOGY.—The Secretary shall sub-
Multimodal Freight Network under section
(cc) species identified in State wildlife plans;
70103; and mit to Congress a report describing the develop-
and
‘‘(8) other research areas to identify and ad- ment of the standardized methodology required
(dd) medium and small terrestrial and aquatic
dress current, emerging, and future needs re- under paragraph (1) not later than—
species;
lated to multimodal freight transportation. (ii) an economic evaluation of the costs and (i) the date that is 18 months after the date of
‘‘(f) FUNDING.— benefits of installing highway infrastructure enactment of this Act; and
‘‘(1) FEDERAL SHARE.—The Federal share of (ii) the date that is 180 days after the date on
and other measures to mitigate damage to terres-
the cost of an activity carried out under this which the Secretary completes the development
trial and aquatic species, including the effect on
section shall be 100 percent. of such standardized methodology.
jobs, property values, and economic growth to
‘‘(2) PERIOD OF AVAILABILITY.—Amounts made (B) IMPLEMENTATION.—Not later than 3 years
society, adjacent communities, and landowners;
available to carry out this section shall remain after the date of enactment of this Act, the Sec-
(iii) recommendations for preventing wildlife-
available until expended. retary shall submit to Congress a report describ-
vehicle collisions, including recommended best
‘‘(g) DEFINITION OF GREENHOUSE GAS.—In this ing—
practices, funding resources, or other rec-
section, the term ‘greenhouse gas’ has the mean- (i) the status of the voluntary implementation
ommendations for addressing wildlife-vehicle
ing given such term in section 211(o)(1) of the of the standardized methodology developed
collisions; and
Clean Air Act (42 U.S.C. 7545(o)(1)).’’. (iv) guidance to develop, for each State that under paragraph (1) and the template developed
(b) CLERICAL AMENDMENT.—The analysis for under paragraph (2)(A);
agrees to participate, a voluntary joint state-
chapter 702 of title 49, United States Code, is (ii) whether the implementation of the stand-
wide transportation and wildlife action plan.
amended by adding at the end the following (C) PURPOSES.—The purpose of the guidance ardized methodology developed under para-
new item: described in subparagraph (B)(iv) shall be— graph (1) and the template developed under
‘‘70205. National cooperative multimodal freight (i) to address wildlife-vehicle collisions; and paragraph (2)(A) has impacted efforts by States,
transportation research pro- (ii) to improve habitat connectivity for terres- units of local government, and other entities—
gram.’’. trial and aquatic species. (I) to reduce the number of wildlife-vehicle
SEC. 5107. WILDLIFE-VEHICLE COLLISION REDUC- (D) CONSULTATION.—The Secretary shall de- collisions; and
TION AND HABITAT CONNECTIVITY velop the guidance described under subpara- (II) to improve habitat connectivity;
IMPROVEMENT. graph (B)(iv) in consultation with— (iii) the degree of the impact described in
(a) STUDY.— (i) Federal land management agencies; clause (ii); and
(1) IN GENERAL.—The Secretary of Transpor- (ii) State departments of transportation; (iv) the recommendations of the Secretary, in-
tation shall conduct a study examining methods (iii) State fish and wildlife agencies; and cluding recommendations for further study
to reduce collisions between motorists and wild- (iv) Tribal governments. aimed at reducing motorist collisions involving
life (referred to in this section as ‘‘wildlife-vehi- (b) STANDARDIZATION OF WILDLIFE COLLISION wildlife and improving habitat connectivity for
cle collisions’’). AND CARCASS DATA.— terrestrial and aquatic species on the National
(2) CONTENTS.— (1) STANDARDIZATION METHODOLOGY.— Highway System, if any.
(A) AREAS OF STUDY.—The study required (A) IN GENERAL.—The Secretary of Transpor- (c) NATIONAL THRESHOLD GUIDANCE.—The
under paragraph (1) shall— tation, acting through the Administrator of the Secretary of Transportation shall—
(i) update and expand on, as appropriate— Federal Highway Administration, shall develop (1) establish guidance, to be carried out by
(I) the report titled ‘‘Wildlife Vehicle Collision a quality standardized methodology for col- States on a voluntary basis, that contains a
Reduction Study: 2008 Report to Congress’’: and lecting and reporting spatially accurate wildlife threshold for determining whether a highway
(II) the document titled ‘‘Wildlife Vehicle Col- collision and carcass data for the National shall be evaluated for potential mitigation meas-
lision Reduction Study: Best Practices Manual’’ Highway System, taking into consideration the ures to reduce wildlife-vehicle collisions and in-
and dated October 2008; and practicability of the methodology with respect to crease habitat connectivity for terrestrial and
(ii) include— technology and cost. aquatic species, taking into consideration—
(I) an assessment, as of the date of the study, (B) METHODOLOGY.—In developing the stand- (A) the number of wildlife-vehicle collisions on
of— ardized methodology under subparagraph (A), the highway that pose a human safety risk;
(aa) the causes of wildlife-vehicle collisions; the Secretary shall— (B) highway-related mortality and effects of
(bb) the impact of wildlife-vehicle collisions on (i) survey existing methodologies and sources traffic on the highway on—
motorists and wildlife; and of data collection, including the Fatality Anal- (i) species listed as endangered species or
(cc) the impacts of roads and traffic on habi- ysis Reporting System, the General Estimates threatened species under the Endangered Spe-
tat connectivity for terrestrial and aquatic spe- System of the National Automotive Sampling cies Act of 1973 (16 U.S.C. 1531 et seq.);
cies; and System, and the Highway Safety Information (ii) species identified by a State as species of
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(II) solutions and best practices for— System; and greatest conservation need;
(aa) reducing wildlife-vehicle collisions; and (ii) to the extent practicable, identify and cor- (iii) species identified in State wildlife plans;
(bb) improving habitat connectivity for terres- rect limitations of such existing methodologies and
trial and aquatic species. and sources of data collection. (iv) medium and small terrestrial and aquatic
(B) METHODS.—In carrying out the study re- (C) CONSULTATION.—In developing the stand- species; and
quired under paragraph (1), the Secretary ardized methodology under subparagraph (A), (C) habitat connectivity values for terrestrial
shall— the Secretary shall consult with— and aquatic species and the barrier effect of the
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H2776 CONGRESSIONAL RECORD — HOUSE June 30, 2020
highway on the movements and migrations of (i) each element of the consortium agreement (B) develop and publish proposed plans and
those species. required under paragraph (1)(B); and programs on a publicly accessible website;
(d) WORKFORCE DEVELOPMENT AND TECH- (ii) any existing facilities the consortium in- (C) submit to the Department of Transpor-
NICAL TRAINING.— tends to use for Hub activities. tation an annual report summarizing the activi-
(1) IN GENERAL.—Not later than 3 years after (B) REQUIREMENT.—If the consortium mem- ties of the Hub, including information—
the date of enactment of this Act, the Secretary bers will not be located at 1 centralized location, (i) detailing organizational expenditures; and
shall, based on the study conducted under sub- the application under subparagraph (A) shall (ii) describing each project undertaken by the
section (a), develop a series of in-person and on- include a communications plan that ensures Hub, as it relates to conducting and supporting
line workforce development and technical train- close coordination and integration of Hub ac- multidisciplinary, collaborative research, devel-
ing courses— tivities. opment, demonstration, standardized design de-
(A) to reduce wildlife-vehicle collisions; and (3) SELECTION.— velopment, and commercial application of inno-
(B) to improve habitat connectivity for terres- (A) IN GENERAL.—The Secretary shall select vative materials; and
trial and aquatic species. consortia for awards for the establishment and (D) monitor project implementation and co-
(2) AVAILABILITY.—The Secretary shall— operation of Hubs through a competitive selec- ordination.
(A) make the series of courses developed under tion process. (3) CONFLICTS OF INTEREST.—Each Hub shall
paragraph (1) available for transportation and (B) CONSIDERATIONS.—In selecting consortia maintain conflict of interest procedures, con-
fish and wildlife professionals; and under subparagraph (A), the Secretary shall sistent with the conflict of interest procedures of
(B) update the series of courses not less fre- consider— the Department of Transportation.
quently than once every 2 years. (i) any existing facilities a consortium has (4) PROHIBITION ON CONSTRUCTION AND REN-
(e) WILDLIFE HABITAT CONNECTIVITY AND NA- identified to be used for Hub activities; OVATION.—
TIONAL BRIDGE AND TUNNEL INVENTORY AND IN- (ii) maintaining geographic diversity in loca- (A) IN GENERAL.—No funds provided under
SPECTION STANDARDS.—Section 144 of title 23, tions of selected Hubs; this section may be used for construction or ren-
United States Code, is amended in subsection (iii) the demonstrated ability of the recipient ovation of new buildings, test beds, or addi-
(a)(2)— to conduct and support multidisciplinary, col- tional facilities for Hubs.
(1) in subparagraph (B) by inserting ‘‘, resil- laborative research, development, demonstra- (B) NON-FEDERAL SHARE.—Construction of
ience,’’ after ‘‘safety’’; tion, standardized design development, and new buildings or facilities shall not be consid-
(2) in subparagraph (D) by striking ‘‘and’’ at commercial application of innovative materials; ered as part of the non-Federal share of a Hub
the end; (iv) the demonstrated research, technology cost-sharing agreement.
(3) in subparagraph (E) by striking the period transfer, and education resources available to (e) APPLICABILITY.—The Secretary shall ad-
at the end and inserting ‘‘; and’’; and the recipient to carry out this section; minister this section in accordance with section
(4) by adding at the end the following: (v) the ability of the recipient to provide lead- 330 of title 49, United States Code.
‘‘(F) to ensure adequate passage of aquatic ership in solving immediate and long-range na- (f) DEFINITIONS.—In this section:
and terrestrial species, where appropriate.’’; tional and regional transportation problems re- (1) HUB.—The term ‘‘Hub’’ means an Innova-
SEC. 5108. RESEARCH ACTIVITIES. lated to innovative materials; tive Material Innovation Hub established under
(vi) the demonstrated ability of the recipient this section.
Section 330(g) of title 49, United States Code, (2) QUALIFYING ENTITY.—The term ‘‘qualifying
to disseminate results and spur the implementa-
is amended by striking ‘‘each of fiscal years 2016 entity’’ means—
tion of transportation research and education
through 2020’’ and inserting ‘‘each of fiscal (A) an institution of higher education (as
programs through national or statewide con-
years 2022 through 2025’’. such term is defined in section 101(a) of the
tinuing education programs;
SEC. 5109. INNOVATIVE MATERIAL INNOVATION (vii) the demonstrated commitment of the re- Higher Education Act of 1965 (20 U.S.C.
HUBS.
cipient to the use of peer review principles and 1001(a)));
(a) ESTABLISHMENT.— other research best practices in the selection, (B) an appropriate Federal or State entity, in-
(1) IN GENERAL.—The Secretary of Transpor- management, and dissemination of research cluding a federally funded research and devel-
tation shall carry out a program to enhance the projects; opment center of the Department of Transpor-
development of innovative materials in the (viii) the performance metrics to be used in as- tation;
United States by making awards to consortia for sessing the performance of the recipient in meet- (C) a university transportation center under
establishing and operating Hubs (to be known ing the stated research, technology transfer, section 5505 of title 49, United States Code; and
as ‘‘Innovative Material Innovation Hubs’’) to education, and outreach goals; and (D) a research and development entity in ex-
conduct and support multidisciplinary, collabo- (ix) the ability of the recipient to implement istence on the date of enactment of this Act fo-
rative research, development, demonstration, the proposed program in a cost-efficient manner, cused on innovative materials that the Secretary
standardized design development, and commer- including through cost sharing and overall re- determines to be similar in scope and intent to a
cial application of innovative materials. duced overhead, facilities, and administrative Hub under this section.
(2) COORDINATION.—The Secretary shall en- costs. (3) INNOVATIVE MATERIAL.—The term ‘‘inno-
sure the coordination of, and avoid duplication (4) TRANSPARENCY.— vative material’’, with respect to an infrastruc-
of, the activities of each Hub with the activities (A) IN GENERAL.—The Secretary shall provide ture project, includes materials or combinations
of— to each applicant, upon request, any materials, and processes for use of materials that enhance
(A) other research entities of the Department including copies of reviews (with any informa- the overall service life, sustainability, and resil-
of Transportation, including the Federal High- tion that would identify a reviewer redacted), iency of the project or provide ancillary benefits
way Administration; and used in the evaluation process of the proposal of relative to widely adopted state of practice tech-
(B) research entities of other Federal agencies, the applicant. nologies, as determined by the Secretary.
as appropriate. (B) REPORTS.—The Secretary shall submit to SEC. 5110.
STRATEGIC TRANSPORTATION RE-
(b) COMPETITIVE SELECTION PROCESS.— the Committee on Transportation and Infra- SEARCH AGENDA.
(1) ELIGIBILITY.—To be eligible to receive an structure of the House of Representatives and (a) IN GENERAL.—Subchapter 1 of chapter 55
award for the establishment and operation of a the Committee on Environment and Public of title 49, United States Code, as amended, is
Hub under subsection (a)(1), a consortium Works of the Senate a report describing the further amended by adding at the end the fol-
shall— overall review process under paragraph (2), lowing:
(A) be composed of not fewer than 2 quali- given the considerations under paragraph (3), ‘‘SEC. 5509. STRATEGIC TRANSPORTATION RE-
fying entities; that includes— SEARCH AGENDA.
(B) operate subject to a binding agreement, (i) specific criteria of evaluation used in the ‘‘(a) IN GENERAL.—Not later than 1 year after
entered into by each member of the consortium, review; the date of enactment of this section, the Sec-
that documents— (ii) descriptions of the review process; and retary shall enter into an agreement with the
(i) the proposed partnership agreement, in- (iii) explanations of the selected awards. National Academies to undertake a study of the
cluding the governance and management struc- (c) AUTHORIZATION.—There is authorized to be research needs of the surface transportation sys-
ture of the Hub; appropriated to carry out this section such sums tem to fully adapt and integrate advanced tech-
(ii) measures the consortium will undertake to as may be necessary and such sums shall remain nologies and innovation. The focus areas of the
enable cost-effective implementation of activities available for a period of 3 years after the last study shall include—
under the program described in subsection day of the fiscal year in which such sums were ‘‘(1) connected and autonomous technologies;
(a)(1); and made available. ‘‘(2) incorporating safety-related technologies;
(iii) a proposed budget, including financial (d) HUB OPERATIONS.— ‘‘(3) addressing infrastructure resiliency;
contributions from non-Federal sources; and (1) IN GENERAL.—Each Hub shall conduct, or ‘‘(4) multimodal connectivity;
(C) operate as a nonprofit organization. provide for, multidisciplinary, collaborative re- ‘‘(5) data gathering of travel behavior, includ-
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(2) APPLICATION.— search, development, demonstration, and com- ing the public’s short and long-term responses to
(A) IN GENERAL.—A consortium seeking to es- mercial application of innovative materials. transformational technologies;
tablish and operate a Hub under subsection (2) ACTIVITIES.—Each Hub shall— ‘‘(6) impacts of private-sector transportation
(a)(1) shall submit to the Secretary an applica- (A) encourage collaboration and communica- product development on society and the tradi-
tion at such time, in such manner, and con- tion among the member qualifying entities of the tional research enterprise;
taining such information as the Secretary may consortium, as described in subsection (b)(1), ‘‘(7) support for a public-sector culture of
require, including a detailed description of— and awardees; transportation innovation and acceleration of
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2777
federally funded research into practice, codes, ‘‘(2) centers of excellence selected through a materials to reduce greenhouse gas emissions
and standards; and competitive, merit-based process. program under subsection (d).’’;
‘‘(8) fostering development of transportation ‘‘(d) APPLICATION.— (2) in subparagraph (C) by striking ‘‘fiscal
educators and transportation professionals. ‘‘(1) IN GENERAL.—An investigator, team of in- years 2016 through 2020’’ and inserting ‘‘fiscal
‘‘(b) REPORT.—The agreement entered into vestigators, or an institution of higher edu- years 2022 through 2025’’; and
under this section shall require the National cation (or consortium thereof) seeking funding (3) in subparagraph (D)(ii)—
Academies to submit to Congress a report con- under this section shall submit an application to (A) in subclause (III) by striking ‘‘; and’’ and
taining the results of the study not later than 2 the Secretary at such time, in such manner, and inserting a semicolon;
years after the date of enactment of this section. containing such information as the Secretary (B) in subclause (IV) by striking the period
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— may require. and inserting a semicolon; and
There is authorized to be appropriated to carry ‘‘(2) RESEARCH CENTERS.—Each application (C) by adding at the end the following:
out this section $1,500,000 for fiscal year 2022.’’. under paragraph (1) from an institution of high- ‘‘(V) pavement monitoring and data collection
(b) CONFORMING AMENDMENT.—The analysis er education (or consortium thereof) shall in- practices;
for chapter 55 of title 49, United States Code, is clude a description of how the Center will pro- ‘‘(VI) pavement durability and resilience;
further amended by adding at the end the fol- mote multidisciplinary transportation research ‘‘(VII) stormwater management;
lowing: and development collaboration. ‘‘(VIII) impacts on vehicle efficiency;
‘‘(e) RESEARCH.—At a minimum, the Secretary ‘‘(IX) the energy efficiency of the production
‘‘5509. Strategic transportation research agen- of paving materials and the ability of paving
da.’’. shall award 75 percent of awards under this
program to projects for basic research. materials to enhance the environment and pro-
SEC. 5111.ADVANCED TRANSPORTATION RE- mote sustainability;
SEARCH AND INNOVATION PRO- ‘‘(f) REVIEW.—Not later than September 30,
2025, the Secretary shall enter into an agreement ‘‘(X) integration of renewable energy in pave-
GRAM.
with the National Academies to conduct a re- ment designs; and
(a) IN GENERAL.—Subchapter I of chapter 55 ‘‘(XI) greenhouse gas emissions reduction, in-
of title 49, United States Code, as amended, is view of the research and activities carried out
under this program and assess whether such ac- cluding findings from the materials to reduce
further amended by adding at the end the fol- greenhouse gas emissions program under sub-
lowing: tivities are consistent with subsection (a). Mem-
bers of the review panel shall represent, at a section (d).’’.
‘‘§ 5510. Advanced transportation research SEC. 5203. FEDERAL HIGHWAY ADMINISTRATION
and innovation program. minimum, multimodal surface transportation re-
EVERY DAY COUNTS INITIATIVE.
searchers and practitioners.
‘‘(a) ESTABLISHMENT.—The Secretary of ‘‘(g) REPORT.—Not later than 1 year after the (a) IN GENERAL.—Chapter 5 of title 23, United
Transportation shall establish an advanced date of enactment of the INVEST in America States Code, is amended by adding at the end
transportation research and innovation pro- Act, and biennially thereafter, the Secretary the following:
gram, to be administered by the Assistant Sec- shall provide to the Committee on Commerce, ‘‘§ 520. Every Day Counts initiative
retary of Research and Technology, to— Science, and Transportation and Environment ‘‘(a) IN GENERAL.—It is in the national inter-
‘‘(1) support research that addresses the long- and Public Works of the Senate and the Com- est for the Department of Transportation, State
term barriers to development of advanced trans- mittee on Transportation and Infrastructure departments of transportation, and all other re-
portation technologies with the potential to meet and the Committee on Science, Space, and Tech- cipients of Federal surface transportation
the Nation’s long-term safety, competitiveness, nology of the House of Representatives a report funds—
and transportation goals; on implementation of the program under this ‘‘(1) to identify, accelerate, and deploy inno-
‘‘(2) support high-risk research and develop- section and research areas that the program will vation aimed at expediting project delivery;
ment to accelerate transformational transpor- support. ‘‘(2) enhancing the safety of the roadways of
tation innovations and emerging technology de- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— the United States, and protecting the environ-
velopment; There is authorized to be appropriated to carry ment;
‘‘(3) advance research and development that out this section $25,000,000 for each of fiscal ‘‘(3) to ensure that the planning, design, engi-
improves the resilience of regions of the United years 2022 through 2025.’’. neering, construction, and financing of trans-
States to natural disasters, extreme weather, (b) CONFORMING AMENDMENT.—The analysis portation projects is done in an efficient and ef-
and the effects of climate change on modal and for chapter 55 of title 49, United States Code, is fective manner;
multimodal transportation and infrastructure; further amended by adding at the end the fol- ‘‘(4) to promote the rapid deployment of prov-
‘‘(4) leverage Federal interagency research lowing: en solutions that provide greater accountability
mechanisms and the academic research enter- for public investments and encourage greater
prise; ‘‘5510. Advanced transportation research and
innovation program.’’. private sector involvement; and
‘‘(5) educate and train students in science, ‘‘(5) to create a culture of innovation within
technology, engineering, and mathematics fields Subtitle B—Technology Deployment
the highway community.
to conduct research and standards development SEC. 5201. TECHNOLOGY AND INNOVATION DE- ‘‘(b) EVERY DAY COUNTS INITIATIVE.—To ad-
relevant to transportation technologies, mate- PLOYMENT PROGRAM. vance the policy described in subsection (a), the
rials, systems, operations, processes, and poli- Section 503(c) of title 23, United States Code, Administrator of the Federal Highway Adminis-
cies; and is amended— tration shall continue the Every Day Counts
‘‘(6) fostering collaboration among federal re- (1) in paragraph (1)— initiative to work with States, local transpor-
searchers and academic researchers. (A) in subparagraph (A) by inserting ‘‘, while tation agencies, all other recipients of Federal
‘‘(b) COLLABORATION.— considering the impacts on jobs’’ after ‘‘trans- surface transportation funds, and industry
‘‘(1) INTERAGENCY COLLABORATION.—In car- portation community’’; stakeholders, including labor representatives, to
rying out this section, the Secretary shall col- (B) in subparagraph (D) by striking ‘‘; and’’ identify and deploy proven innovative practices
laborate on, identify, and disseminate within and inserting a semicolon; and products that—
the Department, as appropriate, advanced (C) in subparagraph (E) by striking the period ‘‘(1) accelerate innovation deployment;
transportation research, development, and other and inserting ‘‘; and’’; and ‘‘(2) expedite the project delivery process;
activities of other Federal agencies, including (D) by adding at the end the following: ‘‘(3) improve environmental sustainability;
the Office of Science and Technology Policy, the ‘‘(F) reducing greenhouse gas emissions and ‘‘(4) enhance roadway safety;
National Science Foundation, the Department limiting the effects of climate change.’’; and ‘‘(5) reduce congestion; and
of Energy, the National Institute of Standards (2) in paragraph (2)(A) by striking the period ‘‘(6) reduce greenhouse gas emissions.
and Technology, the Department of Homeland and inserting ‘‘and findings from the materials ‘‘(c) CONSIDERATIONS.—In carrying out the
Security, the National Aeronautics and Space to reduce greenhouse gas emissions program Every Day Counts initiative, the Administrator
Administration, the National Oceanic and At- under subsection (d).’’. shall consider any innovative practices and
mospheric Administration, and the Department SEC. 5202. ACCELERATED IMPLEMENTATION AND products in accordance with subsections (a) and
of Defense to ensure the Department’s research DEPLOYMENT OF PAVEMENT TECH- (b), including—
investments are making the best possible con- NOLOGIES. ‘‘(1) research results from the university
tribution to the Nation’s goals of public health Section 503(c)(3) of title 23, United States transportation centers program under section
and safety, economic prosperity, national secu- Code, is amended— 5505 of title 49; and
rity, environmental quality, and a diverse trans- (1) in subparagraph (B)— ‘‘(2) results from the materials to reduce
portation workforce. (A) in clause (v) by striking ‘‘; and’’ and in- greenhouse gas emissions program in section
‘‘(2) NON-GOVERNMENTAL COLLABORATION.—In serting a semicolon; 503(d).
carrying out this section, the Secretary shall (B) in clause (vi) by striking the period and ‘‘(d) INNOVATION DEPLOYMENT.—
collaborate with labor organizations, as appro- inserting ‘‘; and’’; and ‘‘(1) IN GENERAL.—At least every 2 years, the
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priate. (C) by adding at the end the following: Administrator shall work collaboratively with
‘‘(c) RESEARCH GRANTS.—In carrying out this ‘‘(vii) the deployment of innovative pavement stakeholders to identify a new collection of in-
section, the Secretary may carry out the activi- designs, materials, and practices that reduce or novations, best practices, and data to be de-
ties described under subsection (a) through— sequester the amount of greenhouse gas emis- ployed to highway stakeholders through case
‘‘(1) competitive, merit-based basic research sions generated during the production of high- studies, outreach, and demonstration projects.
grants to individual investigators and teams of way materials and the construction of high- ‘‘(2) REQUIREMENTS.—In identifying a collec-
investigators; and ways, with consideration for findings from the tion described in paragraph (1), the Secretary
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