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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, June 30, 2020: floor action on S. 4116 (A bill to extend the authority for commitments for the paycheck protection progr).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/congressional-record-june-30-2020-floor-action-on-s-4116-a-bill-to-ext-73eee76d7f/, SHA-256 14a2d70ed169cc331aaa06b064ab14fa868a550c1701bade134b53730bbc67b0.

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                                                                                          Congressional Record
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                                                                                                                                                               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.

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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




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                                              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




dlhill on DSK120RN23PROD with HOUSE
                                              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.




dlhill on DSK120RN23PROD with HOUSE
                                            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.




dlhill on DSK120RN23PROD with HOUSE
                                            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




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                                              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




dlhill on DSK120RN23PROD with HOUSE
                                            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




dlhill on DSK120RN23PROD with HOUSE
                                            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




dlhill on DSK120RN23PROD with HOUSE
                                            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)




dlhill on DSK120RN23PROD with HOUSE
                                              (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.




dlhill on DSK120RN23PROD with HOUSE
                                            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).




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                                              ‘‘(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




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                                              ‘‘(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




dlhill on DSK120RN23PROD with HOUSE
                                            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




dlhill on DSK120RN23PROD with HOUSE
                                            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’’




dlhill on DSK120RN23PROD with HOUSE
                                            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




dlhill on DSK120RN23PROD with HOUSE
                                            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-




dlhill on DSK120RN23PROD with HOUSE
                                            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-




dlhill on DSK120RN23PROD with HOUSE
                                              ‘‘(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.’’.




dlhill on DSK120RN23PROD with HOUSE
                                               ‘‘(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—




dlhill on DSK120RN23PROD with HOUSE
                                            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—




dlhill on DSK120RN23PROD with HOUSE
                                               (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




dlhill on DSK120RN23PROD with HOUSE
                                               ‘‘(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




dlhill on DSK120RN23PROD with HOUSE
                                              (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




dlhill on DSK120RN23PROD with HOUSE
                                               (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




dlhill on DSK120RN23PROD with HOUSE
                                            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-




dlhill on DSK120RN23PROD with HOUSE
                                              (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,’’;




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                                            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’’




dlhill on DSK120RN23PROD with HOUSE
                                            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




dlhill on DSK120RN23PROD with HOUSE
                                                                                                       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.




dlhill on DSK120RN23PROD with HOUSE
                                            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),




dlhill on DSK120RN23PROD with HOUSE
                                               (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




dlhill on DSK120RN23PROD with HOUSE
                                            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-




dlhill on DSK120RN23PROD with HOUSE
                                            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)—




dlhill on DSK120RN23PROD with HOUSE
                                            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—




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                                            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




dlhill on DSK120RN23PROD with HOUSE
                                            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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