Consideration of H.R. 2, Surface Transportation Bill — Congressional Record, House
Summary
Pages H2694 and H2695 of the Congressional Record, House, June 30, 2020. The pages print a table of contents with Division B, Surface Transportation, and titles on federal-aid highways and public transportation. Mr. DEFAZIO calls up the bill H.R. 2, to authorize funds for Federal-aid highways, highway safety programs, and transit programs, pursuant to House Resolution 1028. The table of contents also lists titles on public transportation, motor carrier safety and multimodal transportation. The Speaker pro tempore declares the House in recess and later calls it to order.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Consideration of H.R. 2, Surface Transportation Bill — Congressional Record, House.”
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H2694 CONGRESSIONAL RECORD — HOUSE June 30, 2020
Lowey (Tonko) Pingree Vargas (Levin DIVISION B—SURFACE TRANSPORTATION Sec. 1502. Tribal transportation program.
Meng (Tonko) (Cicilline) (CA)) Sec. 1503. Tribal High Priority Projects pro-
Price (NC)
Sec. 1001. Applicability of division.
Moore (Beyer) Watson Coleman gram.
Nadler (Jeffries) (Butterfield) (Pallone) TITLE I—FEDERAL-AID HIGHWAYS
Sec. 1504. Federal lands transportation pro-
Napolitano Rush Welch Subtitle A—Authorizations and Program
(Underwood) gram.
(Correa) (McGovern) Conditions
Sánchez (Roybal- Sec. 1505. Federal lands and Tribal major
Payne Wilson (FL)
Allard) Sec. 1101. Authorization of appropriations. projects program.
(Wasserman (Hayes)
Serrano Sec. 1102. Obligation limitation. Sec. 1506. Office of Tribal Government Affairs.
Schultz)
(Jeffries) Sec. 1103. Definitions and declaration of policy. Sec. 1507. Alternative contracting methods.
f Sec. 1104. Apportionment. Sec. 1508. Divestiture of federally owned
Sec. 1105. Additional deposits into Highway bridges.
RECESS Trust Fund. Sec. 1509. Study on Federal funding available
Sec. 1106. Transparency. to Indian Tribes.
The SPEAKER pro tempore. Pursu- Sec. 1107. Complete and context sensitive street Sec. 1510. GAO study.
ant to clause 12(a) of rule I, the Chair design.
declares the House in recess for a pe- Subtitle F—Additional Provisions
Sec. 1108. Innovative project delivery Federal
riod of less than 15 minutes. share. Sec. 1601. Vision zero.
Accordingly (at 12 o’clock and 58 Sec. 1109. Transferability of Federal-aid high- Sec. 1602. Speed limits.
way funds. Sec. 1603. Broadband infrastructure deploy-
minutes p.m.), the House stood in re- ment.
cess. Sec. 1110. Tolling.
Sec. 1111. HOV facilities. Sec. 1604. Balance Exchanges for Infrastructure
f Sec. 1112. Buy America. Program.
Sec. 1113. Federal-aid highway project require- Sec. 1605. Stormwater best management prac-
b 1312 tices.
ments.
AFTER RECESS Sec. 1114. State assumption of responsibility for Sec. 1606. Pedestrian facilities in the public
categorical exclusions. right-of-way.
The recess having expired, the House Sec. 1607. Highway formula modernization re-
Sec. 1115. Surface transportation project deliv-
was called to order by the Speaker pro ery program written agreements. port.
tempore (Mr. CUELLAR) at 1 o’clock and Sec. 1116. Corrosion prevention for bridges. Sec. 1608. Consolidation of programs.
12 minutes p.m. Sec. 1117. Sense of Congress. Sec. 1609. Student outreach report to Congress.
f Subtitle B—Programmatic Infrastructure Sec. 1610. Task force on developing a 21st cen-
Investment tury surface transportation work-
INVESTING IN A NEW VISION FOR force.
Sec. 1201. National highway performance pro-
THE ENVIRONMENT AND SUR- gram.
Sec. 1611. On-the-job training and supportive
FACE TRANSPORTATION IN services.
Sec. 1202. Increasing the resilience of transpor-
AMERICA ACT Sec. 1612. Work zone safety.
tation assets.
Sec. 1613. Transportation education develop-
Mr. DEFAZIO. Mr. Speaker, pursuant Sec. 1203. Emergency relief.
Sec. 1204. Railway crossings. ment program.
to House Resolution 1028, I call up the Sec. 1205. Surface transportation program. Sec. 1614. Working group on construction re-
bill (H.R. 2) to authorize funds for Fed- Sec. 1206. Transportation alternatives program. sources.
eral-aid highways, highway safety pro- Sec. 1207. Bridge investment. Sec. 1615. Numbering system of highway inter-
grams, and transit programs, and for Sec. 1208. Construction of ferry boats and ferry changes.
terminal facilities. Sec. 1616. Toll credits.
other purposes, and ask for its imme- Sec. 1617. Transportation construction mate-
diate consideration in the House. Sec. 1209. Highway safety improvement pro-
gram. rials procurement.
The Clerk read the title of the bill. Sec. 1210. Congestion mitigation and air quality Sec. 1618. Construction of certain access and
The SPEAKER pro tempore. Pursu- improvement program. development roads.
ant to House Resolution 1028, in lieu of Sec. 1211. Electric vehicle charging stations. Sec. 1619. Nationwide road safety assessment.
the amendment in the nature of a sub- Sec. 1212. National highway freight program. Sec. 1620. Wildlife crossings.
stitute recommended by the Com- Sec. 1213. Carbon pollution reduction. Sec. 1621. Climate resilient transportation infra-
mittee on Transportation and Infra- Sec. 1214. Recreational trails. structure study.
Sec. 1215. Safe routes to school program. Sec. 1622. Elimination of duplication of envi-
structure, printed in the bill, an Sec. 1216. Bicycle transportation and pedes- ronmental reviews and approvals.
amendment in the nature of a sub- trian walkways. Sec. 1623. AMBER Alerts along major transpor-
stitute consisting of the text of Rules Subtitle C—Project-Level Investments tation routes.
Committee Print 116–54, modified by Sec. 1624. Natural gas, electric battery, and
Sec. 1301. Projects of national and regional sig-
the amendment printed in part A of zero emission vehicles.
nificance.
House Report 116–438, is adopted, and Sec. 1625. Guidance on evacuation routes.
Sec. 1302. Community transportation invest-
the bill, as amended, is considered Sec. 1626. High priority corridors on National
ment grant program.
Sec. 1303. Grants for charging and fueling in- Highway System.
read. Sec. 1627. Guidance on inundated and sub-
The text of the bill, as amended, is as frastructure to modernize and re-
merged roads.
follows: connect America for the 21st cen-
Sec. 1628. Dry bulk weight tolerance.
tury.
H.R. 2 Sec. 1629. Highway use tax evasion projects.
Sec. 1304. Community climate innovation
Be it enacted by the Senate and House of Rep- Sec. 1630. The United States opposes child
grants.
resentatives of the United States of America in Sec. 1305. Metro performance program. labor.
Congress assembled, Sec. 1306. Gridlock reduction grant program. TITLE II—PUBLIC TRANSPORTATION
SECTION 1. SHORT TITLE. Sec. 1307. Rebuild rural grant program. Subtitle A—Federal Transit Administration
This Act may be cited as the ‘‘Moving For- Sec. 1308. Parking for commercial motor vehi- Sec. 2101. Authorizations.
ward Act’’. cles. Sec. 2102. Chapter 53 definitions.
SEC. 2. TABLE OF CONTENTS. Sec. 1309. Active transportation connectivity Sec. 2103. General provisions.
The table of contents for this Act is as follows: grant program. Sec. 2104. Miscellaneous provisions.
Sec. 1. Short title. Subtitle D—Planning, Performance Sec. 2105. Policies and purposes.
Sec. 2. Table of contents. Management, and Asset Management Sec. 2106. Fiscal year 2022 formulas.
Sec. 3. References. Sec. 1401. Metropolitan transportation plan- Sec. 2107. Metropolitan transportation plan-
DIVISION A—FEDERAL SURFACE TRANS- ning. ning.
PORTATION PROGRAMS FOR FISCAL Sec. 1402. Statewide and nonmetropolitan Sec. 2108. Statewide and nonmetropolitan
YEAR 2021 transportation planning. transportation planning.
Sec. 1403. National goals and performance man- Sec. 2109. Obligation limitation.
Sec. 100. Short title. Sec. 2110. Public transportation emergency re-
agement measures.
Sec. 101. Extension of Federal surface transpor-
Sec. 1404. Transportation demand data and lief funds.
tation programs. Sec. 2111. General provisions.
modeling study.
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Sec. 102. Federal Highway Administration. Sec. 2112. Certification requirements.
Sec. 1405. Fiscal constraint on long-range
Sec. 103. Federal Transit Administration.
transportation plans. Subtitle B—Improving Frequency and Ridership
Sec. 104. National Highway Traffic Safety Ad-
ministration. Subtitle E—Federal Lands, Tribes, and Sec. 2201. Multi-jurisdictional bus frequency
Sec. 105. Federal Motor Carrier Safety Adminis- Territories and ridership competitive grants.
tration. Sec. 1501. Territorial and Puerto Rico highway Sec. 2202. Incentivizing frequency in the urban
Sec. 106. Definitions. program. formula.
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2695
Sec. 2203. Mobility innovation. Sec. 3009. National priority safety program Sec. 5303. National highly automated vehicle
Sec. 2204. Formula grants for rural areas. grant eligibility. and mobility innovation clearing-
Sec. 2205. One-stop paratransit program. Sec. 3010. Implicit bias research and training house.
Subtitle C—Buy America and Other grants. Sec. 5304. Study on safe interactions between
Procurement Reforms Sec. 3011. Stop motorcycle checkpoint funding. automated vehicles and road
Sec. 3012. Electronic driver’s license. users.
Sec. 2301. Buy America.
Sec. 3013. Motorcyclist Advisory Council. Sec. 5305. Nontraditional and Emerging Trans-
Sec. 2302. Bus procurement streamlining.
Sec. 2303. Bus testing facility. TITLE IV—MOTOR CARRIER SAFETY portation Technology Council.
Sec. 2304. Repayment requirement. Subtitle A—Motor Carrier Safety Grants, Sec. 5306. Hyperloop transportation.
Sec. 2305. Definition of urbanized areas fol- Sec. 5307. Surface transportation workforce re-
Operations, and Programs
lowing a major disaster. training grant program.
Sec. 4101. Motor carrier safety grants. Sec. 5308. Third-party data integration pilot
Sec. 2306. Special rule for certain rolling stock Sec. 4102. Motor carrier safety operations and
procurements. program.
programs. Sec. 5309. Third-party data planning integra-
Sec. 2307. Certification requirements. Sec. 4103. Immobilization grant program. tion pilot program.
Subtitle D—Bus Grant Reforms Subtitle B—Motor Carrier Safety Oversight Subtitle D—Surface Transportation Funding
Sec. 2401. Formula grants for buses. Sec. 4201. Motor carrier safety advisory com- Pilot Programs
Sec. 2402. Bus facilities and fleet expansion mittee.
competitive grants. Sec. 5401. State surface transportation system
Sec. 4202. Compliance, safety, accountability. funding pilots.
Sec. 2403. Zero emission bus grants. Sec. 4203. Terms and conditions for exemptions.
Sec. 2404. Restoration to state of good repair Sec. 5402. National surface transportation sys-
Sec. 4204. Safety fitness of motor carriers of tem funding pilot.
formula subgrant. passengers.
Subtitle E—Supporting All Riders Sec. 4205. Providers of recreational activities. Subtitle E—Miscellaneous
Sec. 2501. Low-income urban formula funds. Sec. 4206. Amendments to regulations relating Sec. 5501. Ergonomic seating working group.
Sec. 2502. Rural persistent poverty formula. to transportation of household Sec. 5502. Repeal of section 6314 of title 49,
Sec. 2503. Demonstration grants to support re- goods in interstate commerce. United States Code.
duced fare transit. Subtitle C—Commercial Motor Vehicle Driver Sec. 5503. Transportation workforce outreach
Safety program.
Subtitle F—Supporting Frontline Workers and
Sec. 5504. Certification on ensuring no human
Passenger Safety Sec. 4301. Commercial driver’s license for pas- rights abuses.
Sec. 2601. National transit frontline workforce senger carriers.
Sec. 4302. Alcohol and controlled substances TITLE VI—MULTIMODAL
training center.
testing. TRANSPORTATION
Sec. 2602. Public transportation safety program.
Sec. 2603. Innovation workforce standards. Sec. 4303. Entry-level driver training. Sec. 6001. National multimodal freight policy.
Sec. 2604. Safety performance measures and set Sec. 4304. Driver detention time. Sec. 6002. National freight strategic plan.
asides. Sec. 4305. Truck Leasing Task Force. Sec. 6003. National multimodal freight network.
Sec. 2605. U.S. Employment Plan. Sec. 4306. Hours of service. Sec. 6004. State freight advisory committees.
Sec. 2606. Technical assistance and workforce Sec. 4307. Driver recruitment. Sec. 6005. State freight plans.
development. Sec. 4308. Screening for obstructive sleep apnea. Sec. 6006. Study of freight transportation fee.
Sec. 4309. Women of Trucking Advisory Board. Sec. 6007. National Surface Transportation and
Subtitle G—Transit-Supportive Communities
Subtitle D—Commercial Motor Vehicle and Innovative Finance Bureau.
Sec. 2701. Transit-supportive communities. Sec. 6008. Local hire.
Sec. 2702. Property disposition for affordable Schoolbus Safety
Sec. 6009. FTE cap.
housing. Sec. 4401. Schoolbus safety standards.
Sec. 6010. Identification of COVID–19 testing
Sec. 2703. Affordable housing incentives in cap- Sec. 4402. Illegal passing of schoolbuses.
needs of critical infrastructure
ital investment grants. Sec. 4403. State inspection of passenger-car-
employees.
Subtitle H—Innovation rying commercial motor vehicles.
Sec. 4404. Automatic emergency braking. TITLE VII—TRANSPORTATION INFRA-
Sec. 2801. Mobility innovation sandbox pro- Sec. 4405. Underride protection. STRUCTURE FINANCE AND INNOVATION
gram. Sec. 4406. Transportation of horses. ACT
Sec. 2802. Transit bus operator compartment re- Sec. 4407. Additional State authority. Sec. 7001. Transportation Infrastructure Fi-
design program. Sec. 4408. Updating the required amount of in- nance and Innovation Act.
Sec. 2803. Federal Transit Administration Every surance for commercial motor ve-
Day Counts initiative. DIVISION C—HAZARDOUS MATERIALS
hicles. TRANSPORTATION
Sec. 2804. Technical corrections.
Sec. 2805. National advanced technology transit TITLE V—INNOVATION Sec. 8001. Short title.
bus development program. Sec. 5001. Authorization of appropriations. TITLE I—AUTHORIZATIONS
Subtitle I—Other Program Reauthorizations Subtitle A—Research and Development Sec. 8101. Authorization of appropriations.
Sec. 2901. Reauthorization for capital and pre- Sec. 5101. Highway research and development TITLE II—HAZARDOUS MATERIALS
ventive maintenance projects for program. SAFETY AND IMPROVEMENT
Washington Metropolitan Area Sec. 5102. Materials to reduce greenhouse gas
Sec. 8201. Repeal of certain requirements re-
Transit Authority. emissions program.
lated to lithium cells and bat-
Sec. 2902. Other apportionments. Sec. 5103. Transportation research and develop-
teries.
Subtitle J—Streamlining ment 5-year strategic plan.
Sec. 8202. Transportation of liquefied natural
Sec. 5104. University transportation centers
Sec. 2911. Fixed guideway capital investment gas by rail tank car.
program.
grants. Sec. 8203. Hazardous materials training require-
Sec. 5105. Unsolicited research initiative.
Sec. 2912. Rural and small urban apportion- Sec. 5106. National cooperative multimodal ments and grants.
ment deadline. freight transportation research DIVISION D—RAIL
Sec. 2913. Disposition of assets beyond useful
program. Sec. 9001. Short title.
life. Sec. 5107. Wildlife-vehicle collision reduction
Sec. 2914. Innovative coordinated access and TITLE I—AUTHORIZATIONS
and habitat connectivity improve-
mobility. Sec. 9101. Authorization of appropriations.
ment.
Sec. 2915. Passenger ferry grants. Sec. 9102. Passenger rail improvement, mod-
Sec. 5108. Research activities.
Sec. 2916. Evaluation of benefits and Federal ernization, and expansion grants.
Sec. 5109. Innovative material innovation hubs.
investment. Sec. 9103. Consolidated rail infrastructure and
Subtitle B—Technology Deployment safety improvement grants.
TITLE III—HIGHWAY TRAFFIC SAFETY
Sec. 5201. Technology and innovation deploy- Sec. 9104. Railroad rehabilitation and improve-
Sec. 3001. Authorization of appropriations.
ment program. ment financing.
Sec. 3002. Highway safety programs.
Sec. 5202. Accelerated implementation and de- Sec. 9105. Buy America.
Sec. 3003. Traffic safety enforcement grants.
ployment of pavement tech- Sec. 9106. Rail network climate change vulner-
Sec. 3004. Highway safety research and devel-
nologies. ability assessment.
opment.
Sec. 5203. Federal Highway Administration TITLE II—AMTRAK REFORMS
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Sec. 3005. Grant program to prohibit racial
Every Day Counts initiative.
profiling. Sec. 9201. Amtrak findings, mission, and goals.
Sec. 3006. High-visibility enforcement program. Subtitle C—Emerging Technologies Sec. 9202. Amtrak status.
Sec. 3007. National priority safety programs. Sec. 5301. Safe, efficient mobility through ad- Sec. 9203. Board of Directors.
Sec. 3008. Minimum penalties for repeat offend- vanced technologies. Sec. 9204. Amtrak preference enforcement.
ers for driving while intoxicated Sec. 5302. Intelligent transportation systems Sec. 9205. Use of facilities and providing serv-
or driving under the influence. program. ices to Amtrak.
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H2696 CONGRESSIONAL RECORD — HOUSE June 30, 2020
Sec. 9206. Prohibition on mandatory arbitra- Sec. 10102. Supplemental funding for airports. Sec. 23002. Grants to entities for establishment
tion. Sec. 10103. Airport resiliency projects. of hazard mitigation revolving
Sec. 9207. Amtrak ADA assessment. Sec. 10104. FAA air traffic control facilities. loan funds.
Sec. 9208. Prohibition on smoking on Amtrak Sec. 10105. Airport innovative financing tech- TITLE IV—SPORTS FISHING
trains. niques.
Sec. 10106. Small airport letters of intent. Sec. 24001. Short title.
Sec. 9209. State-supported routes operated by
Sec. 10107. Minority and disadvantaged busi- Sec. 24002. Division of annual appropriations.
Amtrak.
ness size standards. Sec. 24003. Recreational boating access.
Sec. 9210. Amtrak Police Department.
Sec. 24004. Wildlife Restoration Fund adminis-
Sec. 9211. Amtrak food and beverage. TITLE II—ENVIRONMENT
tration.
Sec. 9212. Clarification on Amtrak contracting Sec. 10201. Alternative fuel and low-emission Sec. 24005. Sport fish restoration and boating
out. aviation technology program. trust fund.
Sec. 9213. Amtrak staffing. Sec. 10202. Expansion of voluntary airport low
Sec. 9214. Special transportation. TITLE V—CLIMATE SMART PORTS
emission program.
Sec. 9215. Disaster and emergency relief pro- Sec. 10203. Study and development of sustain- Sec. 25001. Short title.
gram. able aviation fuels. Sec. 25002. Climate Smart Ports Grant Program.
Sec. 9216. Recreational trail access. Sec. 10204. Center of excellence for alternative Sec. 25003. Energy Policy Act of 2005 authoriza-
Sec. 9217. Investigation of substandard per- jet fuels and environment. tion of appropriations for port au-
formance. Sec. 10205. National evaluation of aviation and thorities.
Sec. 9218. Amtrak cybersecurity enhancement aerospace solutions to climate DIVISION G—ENERGY AND COMMERCE
grant program. change. TITLE I—BROADBAND INFRASTRUCTURE
Sec. 9219. Amtrak and private cars. DIVISION F—INVESTMENT IN WATER RE-
Sec. 9220. Amtrak Office of Community Out- Sec. 31001. Definitions.
SOURCES AND WATER-RELATED INFRA- Sec. 31002. Sense of Congress.
reach. STRUCTURE Sec. 31003. Severability.
TITLE III—INTERCITY PASSENGER RAIL Sec. 20001. Short title.
POLICY Subtitle A—Digital Equity
TITLE I—CRITICAL WATER RESOURCES
Sec. 9301. Northeast Corridor Commission. Sec. 31100. Definitions.
INVESTMENTS
Sec. 9302. Northeast Corridor planning. CHAPTER 1—OFFICE OF INTERNET CONNECTIVITY
Sec. 21001. Use of Harbor Maintenance Trust
Sec. 9303. Protective arrangements. AND GROWTH
Fund to support navigation.
Sec. 9304. High-speed rail funds. Sec. 31101. Establishment of the Office of Inter-
Sec. 21002. Annual report to Congress.
TITLE IV—COMMUTER RAIL POLICY Sec. 21003. Harbor Maintenance Trust Fund net Connectivity and Growth.
Sec. 9401. Surface Transportation Board medi- discretionary spending limit ad- Sec. 31102. Duties.
ation of trackage use requests. justment. Sec. 31103. Streamlined applications for sup-
Sec. 9402. Surface Transportation Board medi- Sec. 21004. Appropriations for Construction, In- port.
ation of rights-of-way use re- land Waterways, Operation and Sec. 31104. Coordination of support.
quests. Maintenance. Sec. 31105. Rule of construction.
Sec. 9403. Chicago Union Station improvement TITLE II—CRITICAL CLEAN WATER Sec. 31106. Funding.
plans. INVESTMENTS CHAPTER 2—DIGITAL EQUITY PROGRAMS
TITLE V—RAIL SAFETY Subtitle A—Water Quality Protection and Job Sec. 31121. State Digital Equity Capacity Grant
Subtitle A—Passenger and Freight Safety Creation Act Program.
Sec. 22101. Short title. Sec. 31122. Digital Equity Competitive Grant
Sec. 9501. National Academies study on safety
Sec. 22102. Wastewater infrastructure workforce Program.
impact of trains longer than 7,500
investment. Sec. 31123. Policy research, data collection,
feet.
Sec. 22103. State management assistance. analysis and modeling, evalua-
Sec. 9502. GAO study on changes in freight rail-
Sec. 22104. Watershed, wet weather, and resil- tion, and dissemination.
road operating and scheduling
iency projects. Sec. 31124. General provisions.
practices.
Sec. 9503. FRA safety reporting. Sec. 22105. Pilot program for alternative water CHAPTER 3—BROADBAND SERVICE FOR LOW-
Sec. 9504. Waiver notice requirements. source projects. INCOME CONSUMERS
Sec. 9505. Notice of FRA comprehensive safety Sec. 22106. Sewer overflow and stormwater Sec. 31141. Additional broadband benefit.
assessments. reuse municipal grants. Sec. 31142. Grants to States to strengthen Na-
Sec. 9506. FRA accident and incident investiga- Sec. 22107. Reports to Congress. tional Lifeline Eligibility Verifier.
Sec. 22108. Indian Tribes.
tions. Sec. 31143. Federal coordination between Life-
Sec. 22109. Capitalization grants.
Sec. 9507. Rail safety improvements. Sec. 22110. Water pollution control revolving line and SNAP verification.
Sec. 9508. Annual review of speed limit action CHAPTER 4—E–RATE SUPPORT FOR WI-FI
loan funds.
plans. Sec. 22111. Allotment of funds. HOTSPOTS, OTHER EQUIPMENT, AND CON-
Sec. 9509. Freight train crew size safety stand- Sec. 22112. Reservation of funds for Territories NECTED DEVICES
ards. of the United States. Sec. 31161. E–Rate support for Wi-Fi hotspots,
Sec. 9510. Safe cross border operations. Sec. 22113. Authorization of appropriations. other equipment, and connected
Sec. 9511. Yardmasters hours of service. Sec. 22114. Technical assistance by Municipal devices.
Sec. 9512. Leaking brakes. Ombudsman.
Sec. 9513. Annual report on PTC system fail- Subtitle B—Broadband Transparency
Sec. 22115. Report on financial capability of
ures. municipalities. Sec. 31201. Definitions.
Sec. 9514. Fatigue reduction pilot projects. Sec. 22116. Emerging contaminants. Sec. 31202. Broadband transparency.
Sec. 9515. Assault prevention and response Subtitle B—Local Water Protection Sec. 31203. Distribution of data.
plans. Sec. 31204. Coordination with certain other
Sec. 9516. Critical incident stress plans. Sec. 22201. Nonpoint source management pro- Federal agencies.
Sec. 9517. Study on safety culture assessments. grams. Sec. 31205. Broadband consumer labels.
Subtitle B—Grade Crossing Safety Subtitle C—Critical Regional Infrastructure Sec. 31206. Appropriation for Broadband DATA
Investments Act.
Sec. 9551. Grade crossing separation grants.
Sec. 9552. Rail safety public awareness grants. Sec. 22301. Reauthorization of Chesapeake Bay Subtitle C—Broadband Access
Sec. 9553. Establishment of 10-minute time limit Program. CHAPTER 1—EXPANSION OF BROADBAND ACCESS
Sec. 22302. San Francisco Bay restoration grant
for blocking public grade cross- Sec. 31301. Expansion of broadband access in
program.
ings. unserved areas and areas with
Sec. 22303. Puget sound coordinated recovery.
Sec. 9554. National strategy to address blocked low-tier or mid-tier service.
Sec. 22304. Great Lakes Restoration Initiative
crossings.
Reauthorization. CHAPTER 2—BROADBAND INFRASTRUCTURE
Sec. 9555. Railroad point of contact for blocked Sec. 22305. National Estuary Program reauthor- FINANCE AND INNOVATION
crossing matters. ization.
Sec. 9556. National highway-rail crossing in- Sec. 31321. Definitions.
Sec. 22306. Lake Pontchartrain Basin Restora- Sec. 31322. Determination of eligibility and
ventory review. tion Program reauthorization.
Sec. 9557. Counting railroad suicides. project selection.
Sec. 22307. Long Island Sound Program Reau-
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Sec. 31323. Secured loans.
DIVISION E—AVIATION thorization. Sec. 31324. Lines of credit.
TITLE I—AIRPORT AND AIRWAY Sec. 22308. Columbia River Basin Restoration Sec. 31325. Alternative prudential lending
INFRASTRUCTURE Program Reauthorization. standards for small projects.
Sec. 10101. Airport planning and development TITLE III—RESILIENCE REVOLVING LOAN Sec. 31326. Program administration.
and noise compatibility planning FUND Sec. 31327. State and local permits.
and programs. Sec. 23001. Short title. Sec. 31328. Regulations.
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2697
Sec. 31329. Funding. Sec. 33173. Dam safety conditions. Sec. 34102. Community Health Center Capital
Sec. 31330. Reports to Congress. Sec. 33174. Dam safety requirements. Project Funding.
CHAPTER 3—WI-FI ON SCHOOL BUSES Sec. 33175. Viability procedures. Sec. 34103. Pilot program to improve laboratory
Sec. 33176. FERC dam safety technical con- infrastructure.
Sec. 31341. E-rate support for school bus Wi-Fi. ference with States. Sec. 34104. 21st century Indian health program
Subtitle D—Community Broadband Sec. 33177. Required dam safety communica- hospitals and outpatient health
Sec. 31401. State, local, public-private partner- tions between FERC and States. care facilities.
ship, and co-op broadband serv- CHAPTER 9—LOAN PROGRAM OFFICE REFORM Sec. 34105. Pilot program to improve commu-
ices. Sec. 33181. Loan program office title XVII re- nity-based care infrastructure.
Subtitle E—Repeal of Rule and Prohibition on form. DIVISION H—ADDITIONAL PROGRAMS
Use of NPRM Subtitle B—Energy Efficiency Sec. 40001. National scenic byways program.
Sec. 31501. Repeal of rule and prohibition on CHAPTER 1—ENERGY EFFICIENCY RETROFITS Sec. 40002.Authorization of appropriations for
use of NPRM. Department of Veterans Affairs.
SUBCHAPTER A—HOMES
Subtitle F—Next Generation 9–1–1 Sec. 33201. Definitions. DIVISION I—ZERO-EMISSION POSTAL
Sec. 31601. Sense of Congress. Sec. 33202. Establishment of Home Energy Sav- FLEET AND OTHER MATTERS
Sec. 31602. Statement of policy. ings Retrofit Rebate Program. Sec. 50001. Authorization of appropriation for
Sec. 31603. Coordination of Next Generation 9– Sec. 33203. Partial system rebates. United States Postal Service for
1–1 Implementation. Sec. 33204. State administered rebates. modernization of postal infra-
Sec. 31604. Savings provision. Sec. 33205. Evaluation reports to Congress. structure.
TITLE II—MOTOR VEHICLE SAFETY Sec. 33206. Administration. Sec. 50002. Electric or zero-emission vehicles for
Sec. 33207. Authorization of appropriations. United States Postal Service fleet.
Sec. 32001. Safety Warning for occupants of hot
cars. SUBCHAPTER B—PUBLIC BUILDINGS Sec. 50003. Clarification of authority of District
Sec. 32002. Protecting Americans from the Risks Sec. 33211. Energy efficient public buildings. of Columbia to carry out Long
of Keyless Ignition Technology. SUBCHAPTER C—SCHOOLS Bridge project.
Sec. 32003. 21st Century Smart Cars. Sec. 33221. Energy retrofitting assistance for DIVISION J—COMMITTEE ON FINANCIAL
Sec. 32004. Updating the 5-star safety rating schools. SERVICES
system. Sec. 33222. Grants for energy efficiency im- Sec. 60001. Short title.
Sec. 32005. Advanced Drunk Driving prevention provements and renewable energy Sec. 60002. Findings.
technology. improvements at public school fa- Sec. 60003. Public Housing Capital Fund.
Sec. 32006. Limousine compliance with Federal cilities. Sec. 60004. Rural Multifamily Preservation and
Safety Standards.
CHAPTER 2—WEATHERIZATION Revitalization Demonstration Pro-
TITLE III—ENERGY AND ENVIRONMENT gram.
Sec. 33231. Weatherization assistance program.
INFRASTRUCTURE Sec. 33232. Report on waivers. Sec. 60005. Flood Mitigation Assistance Grant
Subtitle A—Infrastructure CHAPTER 3—ENERGY EFFICIENT CONSERVATION Program.
CHAPTER 1—DRINKING WATER BLOCK GRANTS Sec. 60006. Housing Trust Fund.
Sec. 60007. Single-Family Housing Repair
SUBCHAPTER A—PFAS INFRASTRUCTURE GRANT Sec. 33241. Energy Efficiency and Conservation Loans and Grants.
PROGRAM Block Grant Program. Sec. 60008. Native American Housing Block
Sec. 33101. Establishment of PFAS Infrastruc- CHAPTER 4—FEDERAL ENERGY AND WATER Grant Program.
ture Grant Program. MANAGEMENT PERFORMANCE Sec. 60009. HOME Investment Partnerships
Sec. 33102. Definition. Sec. 33251. Energy and water performance re- Program.
SUBCHAPTER B—EXTENSIONS quirement for Federal facilities. Sec. 60010. Program for supportive housing for
Sec. 33103. Funding. Sec. 33252. Federal Energy Management Pro- persons with disabilities.
Sec. 33104. American iron and steel products. gram. Sec. 60011. Program for supportive housing for
CHAPTER 2—GRID SECURITY AND Subtitle C—Vehicles the elderly.
MODERNIZATION CHAPTER 1—DERA Sec. 60012. Capital Magnet Fund.
Sec. 60013. Community development block grant
Sec. 33111. 21st Century Power Grid. Sec. 33301. Reauthorization of diesel emissions funding for affordable housing
Sec. 33112. Energy efficient transformer rebate reduction program. and infrastructure.
program. CHAPTER 2—CLEAN COMMUTE FOR KIDS Sec. 60014. Inclusion of minority and women’s
Sec. 33113. Interregional transmission planning business enterprises.
Sec. 33311. Reauthorization of Clean School
report. Sec. 60015. Reports on outcomes.
Bus Program.
Sec. 33114. Promoting grid storage.
Sec. 33115. Expanding access to sustainable en- CHAPTER 3—REFRIGERATED VEHICLES DIVISION K—REOPEN AND REBUILD
ergy. Sec. 33321. Pilot program for the electrification AMERICA’S SCHOOLS ACT OF 2020
Sec. 33116. Interregional transmission planning of certain refrigerated vehicles. Sec. 70000. Short title; table of contents.
rulemaking. CHAPTER 4—EV INFRASTRUCTURE Sec. 70001. Definitions.
CHAPTER 3—CONTROLLING METHANE LEAKS Sec. 33331. Definitions. TITLE I—GRANTS FOR THE LONG-TERM
FROM PIPELINES Sec. 33332. Electric vehicle supply equipment re- IMPROVEMENT OF PUBLIC SCHOOL FA-
Sec. 33121. Improving the natural gas distribu- bate program. CILITIES
tion system. Sec. 33333. Expanding access to electric vehicles Subtitle A—Reservation and Allocation of
CHAPTER 4—RENEWABLE ENERGY in underserved communities. Funds
Sec. 33334. Ensuring program benefits for un-
Sec. 33131. Grant program for solar installa- Sec. 70101. Purpose and reservation.
derserved and disadvantaged com-
tions located in, or that serve, Sec. 70102. Allocation to States.
munities.
low-income and underserved Sec. 33335. Model building code for electric ve- Subtitle B—Grants to Local Educational
areas. hicle supply equipment. Agencies
CHAPTER 5—SMART COMMUNITIES Sec. 33336. Electric vehicle supply equipment Sec. 70111. Need-based grants to qualified local
Sec. 33141. 3C energy program. coordination. educational agencies.
Sec. 33142. Federal technology assistance. Sec. 33337. State consideration of electric vehi- Sec. 70112. Allowable uses of funds.
Sec. 33143. Technology demonstration grant cle charging. Sec. 70113. Prohibited uses.
program. Sec. 33338. State energy plans. Sec. 70114. Requirements for hazard-resistance,
Sec. 33144. Smart city or community. Sec. 33339. Transportation electrification. energy and water conservation,
Sec. 33145. Clean cities coalition program. Sec. 33340. Federal fleets. and air quality.
Sec. 33341. Domestic Manufacturing Conversion Sec. 70115. Green Practices.
CHAPTER 6—BROWNFIELDS Grant Program. Sec. 70116. Use of American iron, steel, and
Sec. 33151. Brownfields funding. Sec. 33342. Advanced technology vehicles man- manufactured products.
CHAPTER 7—INDIAN ENERGY ufacturing incentive program. Sec. 70117. Prohibition on use of funds for fa-
Sec. 33161. Indian energy. Subtitle D—Buy American and Wage Rate cilities of for-profit charter
Sec. 33162. Report on electricity access and reli- Requirements schools.
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ability. Sec. 33401. Use of American iron, steel, and Sec. 70118. Prohibition on use of funds for cer-
CHAPTER 8—HYDROPOWER AND DAM SAFETY manufactured goods. tain charter schools.
Sec. 33171. Hydroelectric production incentives Sec. 33402. Wage rate requirements. Subtitle C—Annual Report and Authorization of
and efficiency improvements. TITLE IV—HEALTH CARE Appropriations
Sec. 33172. FERC briefing on Edenville Dam INFRASTRUCTURE Sec. 70121. Annual report on grant program.
and Sanford Dam failures. Sec. 34101. Hospital infrastructure. Sec. 70122. Authorization of appropriations.
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H2698 CONGRESSIONAL RECORD — HOUSE June 30, 2020
TITLE II—OTHER REPORTS, DEVELOP- CHAPTER 4—WATER JOB TRAINING AND Subtitle E—Long Bridge
MENT OF STANDARDS, AND INFORMA- EDUCATION Sec. 82501. Authorization of National Park
TION CLEARINGHOUSE Sec. 81241. Water resource education. Service conveyances.
Sec. 70201. Comptroller general report. CHAPTER 5—MISCELLANEOUS TITLE III—OCEANS AND WILDLIFE
Sec. 70202. Study and report physical condition Sec. 81251. Offset. Subtitle A—Coastal and Great Lakes Resiliency
of public schools. Sec. 81252. Delayed water project recommenda- and Restoration
Sec. 70203. Development of data standards. tions.
Sec. 70204. Information clearinghouse. Sec. 83101. Shovel-Ready Restoration and Resil-
Sec. 70205. Sense of Congress on Opportunity Subtitle C—Western Water Security iency Grant Program.
Zones. Sec. 81301. Definitions. Sec. 83102. Living Shoreline Grant Program.
TITLE III—IMPACT AID CONSTRUCTION CHAPTER 1—INFRASTRUCTURE AND WATER Subtitle B—Wildlife Corridors Conservation Act
Sec. 70301. Temporary increase in funding for MANAGEMENT IMPROVEMENT Sec. 83201. Definitions.
impact aid construction. Sec. 81311. Watersmart extension and expan- CHAPTER 1—NATIONAL WILDLIFE CORRIDOR
sion. SYSTEM ON FEDERAL LAND AND WATER
TITLE IV—ASSISTANCE FOR REPAIR OF
Sec. 81312. Emergency drought funding. Sec. 83211. National wildlife corridors.
SCHOOL FOUNDATIONS AFFECTED BY Sec. 81313. Rio Grande Pueblo Irrigation Infra-
PYRRHOTITE Sec. 83212. Administrative designation of na-
structure Reauthorization. tional wildlife corridors.
Sec. 70401. Allocations to States. CHAPTER 2—GROUNDWATER MANAGEMENT Sec. 83213. Management of national wildlife
Sec. 70402. Grants to local educational agen- corridors.
cies. Sec. 81321. Reauthorization and expansion of
Sec. 70403. Definitions. the Transboundary Aquifer As- CHAPTER 2—WILDLIFE CORRIDORS
Sec. 70404. Authorization of appropriations. sessment Program. CONSERVATION
Sec. 81322. Groundwater management assess- SUBCHAPTER A—NATIONAL WILDLIFE CORRIDOR
DIVISION L—PUBLIC LANDS, TRIBAL COM- ment and improvement.
MUNITIES, AND RESILIENT NATURAL IN- SYSTEM ON FEDERAL LAND AND WATER
Sec. 81323. Surface and groundwater water
FRASTRUCTURE Sec. 83311. Collaboration and coordination.
availability and the energy nexus. Sec. 83312. Effect.
Sec. 80000. Table of contents. CHAPTER 3—WATER CONSERVATION AND SUBCHAPTER B—TRIBAL WILDLIFE CORRIDORS
TITLE I—WATER RESOURCES ENVIRONMENTAL RESTORATION
INFRASTRUCTURE Sec. 83321. Tribal Wildlife Corridors.
Sec. 81331. Definitions. Sec. 83322. Protection of Indian Tribes.
Subtitle A—Water Settlements Infrastructure Sec. 81332. Water acquisition program.
Sec. 81333. Middle Rio Grande Water Conserva- SUBCHAPTER C—WILDLIFE MOVEMENT GRANT
Sec. 81101. Reclamation water settlements fund. PROGRAM ON NON-FEDERAL LAND AND WATER
Sec. 81102. Conveyance capacity correction tion.
project. Sec. 81334. Sustaining biodiversity during Sec. 83331. Wildlife movements grant program.
Sec. 81103. Funding parity for water manage- droughts. Sec. 83332. National Coordination Committee.
Sec. 81335. Reauthorization of cooperative wa- Sec. 83333. Regional wildlife movement councils.
ment goals and restoration goals.
tershed management program. SUBCHAPTER D—NATIONAL WILDLIFE CORRIDORS
Subtitle B—FUTURE Western Water
CHAPTER 4—EFFECT ON EXISTING LAW DATABASE
Infrastructure and Drought Resiliency
Sec. 81341. Effect on existing law. Sec. 83341. National wildlife corridors database.
Sec. 81201. Short title.
Sec. 81202. Definitions. Subtitle D—Water Resources Research CHAPTER 3—FUNDING
CHAPTER 1—INFRASTRUCTURE DEVELOPMENT Amendments Sec. 83401. Wildlife corridors stewardship fund.
Sec. 81411. Water Resources Research Act Sec. 83402. Authorization of appropriations.
Sec. 81211. Competitive grant program for the
funding of water recycling and amendments. TITLE IV—ENERGY
reuse projects. Subtitle E—Ground Water Recharge Planning Subtitle A—Establishment of Federal Orphaned
Sec. 81212. Storage project development reports Sec. 81511. Ground water recharge planning. Well Remediation Program
to congress. Subtitle F—Tribal Water Infrastructure Sec. 84101. Establishment of federal orphaned
Sec. 81213. Funding for storage and supporting well remediation program.
Sec. 81611. Finding.
projects. Sec. 81612. Indian Health Services Sanitation Sec. 84102. Federal bonding reform.
Sec. 81214. Extension of existing requirements Facilities Construction Program Subtitle B—Surface Mining Control and
for grandfathered storage funding. Reclamation Act Amendments
projects. Sec. 84201. Abandoned Mine Land Reclamation
Sec. 81215. Desalination project development. Subtitle G—Navajo Utah Water Rights
Settlement Fund.
Sec. 81216. Assistance for disadvantaged com-
Sec. 81711. Purposes. Sec. 84202. Emergency Powers.
munities without adequate drink- Sec. 84203. Reclamation fee.
ing water. Sec. 81712. Definitions.
Sec. 81713. Ratification of agreement. Subtitle C—Revitalizing the Economy of Coal
CHAPTER 2—IMPROVED TECHNOLOGY AND Communities by Leveraging Local Activities
Sec. 81714. Navajo water rights.
DATA Sec. 81715. Navajo trust accounts. and Investing More
Sec. 81221. Reauthorization of water avail- Sec. 81716. Authorization of appropriations. Sec. 84301. Economic revitalization for coal
ability and use assessment pro- Sec. 81717. Conditions precedent. country.
gram. Sec. 81718. Waivers and releases. Sec. 84302. Technical and conforming amend-
Sec. 81222. Renewal of advisory committee on Sec. 81719. Miscellaneous provisions. ments.
water information. Sec. 81720. Relation to allottees. Sec. 84303. Minimum State payments.
Sec. 81223. Desalination technology develop- Sec. 81721. Antideficiency.
Sec. 84304. GAO study of use of funds.
ment. TITLE II—NATIONAL PARKS, FORESTS, Sec. 84305. Payments to certified States not af-
Sec. 81224. X-prize for water technology break- AND PUBLIC LANDS fected.
throughs. Subtitle A—Public Lands Telecommunications Subtitle D—Public Land Renewable Energy
Sec. 81225. Study examining sediment transport.
Sec. 82101. Definitions. Development
Sec. 81226. Determination of water supply allo- Sec. 82102. Collection and retention of rental
cations. Sec. 84401. Definitions.
fees associated with communica- Sec. 84402. Land use planning; supplements to
Sec. 81227. Federal priority streamgages.
tions use authorizations on Fed- programmatic environmental im-
Sec. 81228. Study examining climate
eral lands and Federal land man- pact statements.
vulnerabilities at federal dams.
Sec. 81229. Innovative technology adoption. agement agency support for com- Sec. 84403. Environmental review on covered
munication site programs. land.
CHAPTER 3—ECOSYSTEM PROTECTION AND Sec. 82103. Cooperative agreement authority. Sec. 84404. Program to improve renewable en-
RESTORATION
Subtitle B—Outdoors for All ergy project permit coordination.
Sec. 81231. Waterbird habitat creation program. Sec. 82201. Definitions. Sec. 84405. Increasing economic certainty.
Sec. 81232. Cooperative watershed management Sec. 82202. Grants authorized. Sec. 84406. Limited grandfathering.
program. Sec. 82203. Eligible uses. Sec. 84407. Renewable energy goal.
Sec. 81233. Competitive grant program for the Sec. 82204. National park service requirements. Sec. 84408. Disposition of revenues.
funding of watershed health Sec. 82205. Reporting. Sec. 84409. Promoting and enhancing develop-
projects. Sec. 82206. Revenue sharing. ment of geothermal energy.
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Sec. 81234. Support for refuge water deliveries. Subtitle C—Updated Borrowing Authority Sec. 84410. Facilitation of coproduction of geo-
Sec. 81235. Drought planning and preparedness thermal energy on oil and gas
Sec. 82301. Presidio Trust borrowing authority.
for critically important fisheries. leases.
Sec. 81236. Aquatic ecosystem restoration. Subtitle D—Forest Service Legacy Roads and Sec. 84411. Noncompetitive leasing of adjoining
Sec. 81237. Reauthorization of the Fisheries Trails Remediation Program areas for development of geo-
Restoration and Irrigation Miti- Sec. 82401. Forest Service Legacy Roads and thermal resources.
gation Act of 2000. Trails Remediation Program. Sec. 84412. Savings clause.
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2699
Subtitle E—Offshore Wind Jobs and Sec. 90402. Extension and modification of en- Sec. 90608. Inclusion of rural areas as difficult
Opportunity ergy credit. development areas.
Sec. 84501. Offshore Wind Career Training Sec. 90403. Extension of credit for carbon oxide Sec. 90609. Increase in credit for bond-financed
Grant Program. sequestration. projects designated by housing
Subtitle F—Community Reclamation Sec. 90404. Elective payment for energy prop- credit agency.
erty and electricity produced from Sec. 90610. Repeal of qualified contract option.
Partnerships
certain renewable resources, etc. Sec. 90611. Prohibition of local approval and
Sec. 84601. Reference. Sec. 90405. Extension of energy credit for off- contribution requirements.
Sec. 84602. State memoranda of understanding shore wind facilities. Sec. 90612. Adjustment of credit to provide relief
for certain remediation. Sec. 90406. Green energy publicly traded part- during COVID–19 outbreak.
Sec. 84603. Clarifying State liability for mine Sec. 90613. Credit for low-income housing sup-
nerships.
drainage projects. portive services.
Sec. 84604. Conforming amendments. Subtitle B—Renewable Fuels
Subtitle B—Neighborhood Homes Credit
TITLE V—LABOR STANDARDS Sec. 90411. Biodiesel and renewable diesel.
Sec. 90412. Extension of excise tax credits relat- Sec. 90621. Neighborhood homes credit.
Sec. 84701.Labor standards.
ing to alternative fuels. TITLE VII—TRIBAL DEVELOPMENT
DIVISION M—REVENUE PROVISIONS Sec. 90413. Extension of second generation Sec. 90701. Treatment of Indian Tribes as States
Sec. 90001. Short title; etc. biofuel incentives. with respect to bond issuance.
TITLE I—INFRASTRUCTURE FINANCING Subtitle C—Green Energy and Efficiency Sec. 90702. Treatment of Tribal foundations and
Subtitle A—Bond Financing Enhancements Incentives for Individuals charities like charities funded and
Sec. 90101. Credit to issuer for certain infra- Sec. 90421. Extension, increase, and modifica- controlled by other governmental
structure bonds. tions of nonbusiness energy prop- funders and sponsors.
Sec. 90102. Advance refunding bonds. erty credit. Sec. 90703. New markets tax credit.
Sec. 90103. Permanent modification of small Sec. 90422. Residential energy efficient prop- TITLE VIII—HIGHWAY TRUST FUND AND
issuer exception to tax-exempt in- erty. RELATED TAXES
terest expense allocation rules for Sec. 90423. Energy efficient commercial build- Sec. 90801. Extension of Highway Trust Fund
financial institutions. ings deduction. expenditure authority.
Sec. 90104. Volume cap on private activity Sec. 90424. Extension, increase, and modifica- Sec. 90802. Extension of highway-related taxes.
bonds. tions of new energy efficient home Sec. 90803. Additional transfers to Highway
Sec. 90105. Modifications to qualified small credit. Trust Fund.
issue bonds. Sec. 90425. Modifications to income exclusion DIVISION N—RIGHTS FOR
Sec. 90106. Expansion of certain exceptions to for conservation subsidies. TRANSPORTATION SECURITY OFFICERS
the private activity bond rules for Subtitle D—Greening the Fleet and Alternative Sec. 91001. Short title.
first-time farmers. Vehicles Sec. 91002. Definitions.
Sec. 90107. Exempt facility bonds for zero-emis- Sec. 91003. Conversion of TSA personnel.
sion vehicle infrastructure. Sec. 90431. Modification of limitations on new
qualified plug-in electric drive Sec. 91004. Transition rules
Sec. 90108.Certain water and sewage facility Sec. 91005. Consultation requirement.
bonds exempt from volume cap on motor vehicle credit.
Sec. 91006. No right to strike.
private activity bonds. Sec. 90432. Credit for previously-owned quali-
Sec. 91007. Rule of construction with respect to
Sec. 90109. Qualified highway or surface freight fied plug-in electric drive motor
certain crimes relating to ter-
transfer facility bonds. vehicles.
rorism
Sec. 90433. Credit for zero-emission heavy vehi-
Subtitle B—School Infrastructure Bonds Sec. 91008. Report by GAO regarding TSA re-
cles and zero-emission buses.
Sec. 90110. Application of Davis-Bacon Act re- cruitment.
Sec. 90434. Qualified fuel cell motor vehicles. Sec. 91009. Sense of Congress.
quirements with respect to certain Sec. 90435. Alternative fuel refueling property
exempt facility bonds. Sec. 91010. Assistance for Federal Air Marshal
credit. Service
Sec. 90111. Restoration of certain qualified tax Sec. 90436. Modification of employer-provided
credit bonds. Sec. 91011. Prohibition on certain social media
fringe benefits for bicycle com- application.
Sec. 90112. School infrastructure bonds. muting.
Sec. 90113. Annual report on bond program. Sec. 91012. Veterans hiring.
Subtitle E—Investment in the Green Workforce Sec. 91013. Prevention and protection against
Subtitle C—Other Provisions Related to certain illness.
Infrastructure Financing Sec. 90441. Extension of the advanced energy
project credit. DIVISION O—AGRICULTURE
Sec. 90121. Credit for operations and mainte- Sec. 90442. Labor costs of installing mechanical INFRASTRUCTURE IMPROVEMENTS
nance costs of government-owned insulation property. Sec. 92001. Reforestation Trust Fund.
broadband. Sec. 90443. Labor standards for certain energy
Sec. 90122. Treatment of financial guaranty in- DIVISION P—BUDGETARY EFFECTS
jobs.
surance companies as qualifying Sec. 93001. Budgetary effects.
insurance corporations under pas- Subtitle F—Environmental Justice SEC. 3. REFERENCES.
sive foreign investment company Sec. 90451. Qualified environmental justice pro- Except as expressly provided otherwise, any
rules. gram credit. reference to ‘‘this Act’’ contained in any divi-
Sec. 90123. Infrastructure grants to improve Subtitle G—Treasury Report on Data From the sion of this Act shall be treated as referring only
child care safety. Greenhouse Gas Reporting Program to the provisions of that division.
TITLE II—NEW MARKETS TAX CREDIT Sec. 90461. Report on Greenhouse Gas Report- DIVISION A—FEDERAL SURFACE TRANS-
Sec. 90201. Improvement and permanent exten- ing Program. PORTATION PROGRAMS FOR FISCAL
sion of new markets tax credit. TITLE V—DISASTER AND RESILIENCY YEAR 2021
TITLE III—REHABILITATION TAX CREDIT Sec. 90501. Exclusion of amounts received from SEC. 100. SHORT TITLE.
Sec. 90301. Increase in rehabilitation credit. state-based catastrophe loss miti- This division and division B of this Act may
Sec. 90302. Increase in the rehabilitation credit gation programs. be cited as the ‘‘Investing in a New Vision for
for certain small projects. Sec. 90502. Repeal of temporary limitation on the Environment and Surface Transportation in
Sec. 90303. Modification of definition of sub- personal casualty losses. America Act’’ or the ‘‘INVEST in America Act’’.
stantially rehabilitated. TITLE VI—HOUSING SEC. 101. EXTENSION OF FEDERAL SURFACE
Sec. 90304. Temporary extension of period for TRANSPORTATION PROGRAMS.
Subtitle A—Low-income Housing Tax Credit (a) EXTENSION OF FEDERAL SURFACE TRANS-
completing rehabilitation.
Sec. 90305. Elimination of rehabilitation credit Improvements PORTATION PROGRAMS.—
basis adjustment. Sec. 90601. Extension of period for rehabilita- (1) IN GENERAL.—Except as otherwise provided
Sec. 90306. Modifications regarding certain tax- tion expenditures. in this division, the requirements, authorities,
exempt use property. Sec. 90602. Extension of basis expenditure dead- conditions, eligibilities, limitations, and other
Sec. 90307. Qualification of rehabilitation ex- line. provisions authorized under the covered laws,
penditures for public school build- Sec. 90603. Tax-exempt bond financing require- which would otherwise expire on or cease to
ings for rehabilitation credit. ment. apply after September 30, 2020, are incorporated
TITLE IV—GREEN ENERGY Sec. 90604. Minimum credit rate. by reference and shall continue in effect
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Sec. 90605. Increases in State allocations. through September 30, 2021.
Sec. 90400. Short title. Sec. 90606. Increase in credit for certain (2) AUTHORIZATION OF APPROPRIATIONS.—
Subtitle A—Renewable Electricity and Reducing projects designated to serve ex- (A) HIGHWAY TRUST FUND.—
Carbon Emissions tremely low-income households. (i) HIGHWAY ACCOUNT.—
Sec. 90401. Extension of credit for electricity Sec. 90607. Inclusion of Indian areas as dif- (I) IN GENERAL.—Except as provided in sub-
produced from certain renewable ficult development areas for pur- clause (II), there is authorized to be appro-
resources. poses of certain buildings. priated from the Highway Account for fiscal
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H2700 CONGRESSIONAL RECORD — HOUSE June 30, 2020
year 2021, for each program under the covered (2) Division A, division B, subtitle A of title I under paragraph (1) shall be distributed as fol-
laws with respect to which amounts are author- and title II of division C, and division E of lows:
ized to be appropriated from such account for MAP–21 (Public Law 112–141). (A) $14,384,629,710 to the States.
fiscal year 2020, an amount equal to the amount (3) Titles I, II, and III of the SAFETEA–LU (B) $167,481,814 to Tribes.
authorized for appropriation with respect to the Technical Corrections Act of 2008 (Public Law (C) $52,400,251 to Puerto Rico.
program from such account for fiscal year 2020. 110–244). (D) $13,929,181 to the territories.
(II) ADMINISTRATIVE EXPENSES.—Notwith- (4) Titles I, II, III, IV, V, and VI of (E) $124,367,684 to Federal land management
standing any other provision of this division, SAFETEA–LU (Public Law 109–59). agencies.
there is authorized to be appropriated from the (5) Titles I, II, III, IV, and V of the Transpor- (4) STATE FUNDS.—
Highway Account for fiscal year 2021— tation Equity Act for the 21st Century (Public (A) DISTRIBUTION.—
(aa) $502,897,049 for administrative expenses Law 105–178). (i) IN GENERAL.—Amounts made available
of the Federal Highway Administration, as de- (6) Titles II, III, and IV of the National High- under paragraph (3)(A) shall be distributed
scribed in section 104(a) of title 23, United States way System Designation Act of 1995 (Public among the States in the same ratio as total State
Code; and Law 104–59). apportionments under section 104(c)(1) of title
(bb) $30,086,000 for grant administrative ex- (7) Title I, part A of title II, title III, title IV, 23, United States Code, in fiscal year 2020.
penses of the National Highway Traffic Safety title V, and title VI of the Intermodal Surface (ii) SUBALLOCATION.—
Administration, as described in section Transportation Efficiency Act of 1991 (Public (I) IN GENERAL.—Amounts distributed among
4001(a)(6) of the FAST Act (Public Law 114–94). Law 102–240). the States under clause (i) shall be suballocated
(ii) MASS TRANSIT ACCOUNT.—There is author- (8) Title 23, United States Code. within the State to an area described in sub-
ized to be appropriated from the Mass Transit (9) Sections 116, 117, 330, and 5505 and chap- clause (II) in the proportion that—
Account for fiscal year 2021, for each program ters 53, 139, 303, 311, 313, 701, and 702 of title 49, (aa) the total amount of funds suballocated to
under the covered laws with respect to which United States Code. such area of the State as described in such sub-
amounts are authorized to be appropriated from SEC. 102. FEDERAL HIGHWAY ADMINISTRATION. clause for fiscal year 2020; bears to
such account for fiscal year 2020, an amount (bb) the total amount of funds apportioned to
(a) ADDITIONAL AMOUNTS.—
equal to the amount authorized for appropria- (1) AUTHORIZATION OF APPROPRIATIONS.— the State for the Federal-aid highway program
tion with respect to the program from such ac- (A) IN GENERAL.—In addition to amounts au- under section 104 of title 23, United States Code,
count for fiscal year 2020. thorized under section 101, there is authorized to for fiscal year 2020.
(B) GENERAL FUND.— (II) AREAS DESCRIBED.—The areas described in
(i) IN GENERAL.—Except as provided in clause be appropriated from the Highway Account for
fiscal year 2021, for activities under this section, this subclause are—
(ii), there is authorized to be appropriated for
$14,742,808,640. (aa) urbanized areas of the State with an ur-
fiscal year 2021, for each program with respect
(B) CONTRACT AUTHORITY.—Amounts author- banized area population of over 200,000;
to which amounts are authorized to be appro-
ized to be appropriated under subparagraph (A) (bb) areas of the State other than urban areas
priated for fiscal year 2020 from an account
shall be available for obligation as if appor- with a population greater than 5,000; and
other than the Highway Account or the Mass
tioned under chapter 1 of title 23, United States (cc) other areas of the State.
Transit Account under the titles described in (B) TREATMENT.—Except as otherwise pro-
Code.
subsection (b)(1), an amount not less than the vided in this paragraph, amounts made avail-
(2) OBLIGATION CEILING.—
amount authorized for appropriation with re- able under paragraph (3)(A) shall be adminis-
(A) IN GENERAL.—Notwithstanding any other
spect to the program under such titles for fiscal tered as if apportioned under chapter 1 of title
provision of law, for fiscal year 2021, obligations
year 2020. 23, United States Code.
(ii) ADMINISTRATIVE EXPENSES.—Notwith-
for activities authorized under paragraph (1)
shall not exceed $14,742,808,640. (C) USE OF FUNDS.—Amounts made available
standing any other provision of this division,
(B) DISTRIBUTION OF OBLIGATION AUTHOR- under paragraph (3)(A) may be obligated for—
there is authorized to be appropriated from the
ITY.— (i) eligible projects described in section 133(b)
general fund of the Treasury for fiscal year 2021
(i) IN GENERAL.—Of the obligation authority of title 23, United States Code, subject to section
$140,016,543 for administrative expenses of the
provided under subparagraph (A), the Secretary 133(c) of such title; and
Federal Transit Administration.
shall make available to States, Tribes, Puerto (ii) administrative expenses, including salaries
(3) USE OF FUNDS.—Except as otherwise pro-
Rico, the territories, and Federal land manage- and benefits, of—
vided in this division, amounts authorized to be
ment agencies, during the period of fiscal year (I) the State department of transportation;
appropriated for fiscal year 2021 with respect to
2021, amounts of obligation authority equal to (II) a local transportation agency; or
a program under paragraph (2) shall be distrib-
the amounts described in subparagraphs (A) (III) a metropolitan planning organization.
uted, administered, limited, and made available
through (E) of paragraph (3), respectively. (5) TRIBAL FUNDS.—
for obligation in the same manner as amounts
(ii) FURTHER DISTRIBUTION.—Each State, each (A) TREATMENT.—
authorized to be appropriated with respect to (i) IN GENERAL.—Except as otherwise provided
Tribe, Puerto Rico, each territory, and each
the program for fiscal year 2020 under the cov- in this paragraph, amounts made available
Federal land management agency receiving
ered laws. under paragraph (3)(B) shall be administered as
(4) OBLIGATION LIMITATION.— funds under subparagraphs (A) through (E) of
(A) IN GENERAL.—Except as provided in sub- paragraph (3), respectively, shall receive an if made available under section 202 of title 23,
paragraph (B), a program for which amounts amount of obligation authority equal to the United States Code.
are authorized to be appropriated under para- funds that it receives under any of such sub- (ii) NONAPPLICABILITY OF CERTAIN PROVISIONS
paragraphs. OF LAW.—Subsections (a)(6), (c), (d), and (e) of
graph (2)(A) shall be subject to a limitation on
obligations for fiscal year 2021 in the same (C) REDISTRIBUTION OF UNUSED OBLIGATION section 202 of title 23, United States Code, shall
amount and in the same manner as the limita- AUTHORITY.— not apply to amounts made available under
tion applicable with respect to the program for (i) IN GENERAL.—Notwithstanding subpara- paragraph (3)(B).
fiscal year 2020 under the Department of Trans- graph (B), the Secretary shall, after August 1 of (B) USE OF FUNDS.—Amounts made available
portation Appropriations Act, 2020 (Public Law fiscal year 2021— under paragraph (3)(B) may be obligated for—
116–94), as in effect on December 20, 2019. (I) revise a distribution of the obligation au- (i) activities eligible under section 202(a)(1) of
(B) FEDERAL-AID HIGHWAY AND HIGHWAY SAFE- thority made available under subparagraph (B) title 23, United States Code; and
TY CONSTRUCTION PROGRAMS.— if an amount distributed cannot be obligated (ii) transportation-related administrative ex-
(i) IN GENERAL.—Notwithstanding any other during that fiscal year; and penses, including salaries and benefits, of the
provision of this division, section 1102 of the (II) redistribute sufficient amounts to those Tribe.
FAST Act (Public Law 114–94), or the Depart- States able to obligate amounts in addition to (6) FUNDS FOR PUERTO RICO AND THE TERRI-
ment of Transportation Appropriations Act, 2020 those previously distributed during that fiscal TORIES.—
(Public Law 116–94), for fiscal year 2021, the ob- year, giving priority to those States having large (A) TREATMENT.—
ligations for Federal-aid highway and highway unobligated balances of funds apportioned (i) IN GENERAL.—Except as otherwise provided
safety construction programs shall not exceed under sections 144 (as in effect on the day before in this paragraph, amounts made available
$46,387,191,360. the date of enactment of MAP–21 (Public Law under paragraphs (3)(C) and (3)(D) shall be ad-
(ii) LIMITATION ON FEDERAL HIGHWAY ADMIN- 112–141)) and 104 of title 23, United States Code. ministered as if allocated under sections 165(b)
ISTRATION ADMINISTRATIVE EXPENSES.—Notwith- (ii) ADMINISTRATION.—The Secretary shall ad- and 165(c), respectively, of title 23, United States
standing any other provision of this division, of minister a redistribution under clause (i) of obli- Code.
the amount described in clause (i), for fiscal gation authority provided under subparagraph (ii) NONAPPLICABILITY OF CERTAIN PROVISIONS
year 2021 an amount not to exceed $478,897,049, (B) in a similar manner as the standard August OF LAW.—Section 165(b)(2) of title 23, United
together with advances and reimbursements re- redistribution. States Code, shall not apply to amounts made
ceived by the Federal Highway Administration, (iii) USE OF OBLIGATION AUTHORITY.—A State available to Puerto Rico under paragraph
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shall be obligated for necessary expenses for ad- may use obligation authority that it receives (3)(C).
ministration and operation of the Federal High- pursuant to this subparagraph in the same man- (B) USE OF FUNDS.—
way Administration. ner that it uses obligation authority that it re- (i) PUERTO RICO.—Amounts made available to
(b) DEFINITIONS.—In this section, the term ceives as part of the standard August redistribu- Puerto Rico under paragraph (3)(C) may be obli-
‘‘covered laws’’ means the following: tion. gated for—
(1) Titles I, III, IV, V, and VI of division A of (3) DISTRIBUTION OF FUNDS.—Amounts au- (I) activities eligible under chapter 1 of title
the FAST Act (Public Law 114–94). thorized to be appropriated for fiscal year 2021 23, United States Code; and
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2701
(II) transportation related administrative ex- ferry terminal facility operator eligible for Fed- (c) FEDERAL SHARE.—
penses, including salaries and benefits. eral participation under section 129(c) of title 23, (1) IN GENERAL.—Except as provided in para-
(ii) TERRITORIES.—Amounts made available to United States Code; and graph (3) and notwithstanding section 120 of
a territory under paragraph (3)(D) may be obli- (C) for operating costs associated with a ferry title 23, United States Code, or any other provi-
gated for— boat or ferry terminal facility eligible for Fed- sion of this division, the Federal share associ-
(I) activities eligible under section 165(c)(6) of eral participation under section 129(c) of title 23, ated with funds described in paragraph (2) that
title 23, United States Code, subject to section United States Code. are obligated during fiscal year 2021 may be up
165(c)(7) of such title; and (3) NATIONALLY SIGNIFICANT FREIGHT AND to 100 percent.
(II) transportation-related administrative ex- HIGHWAY PROJECTS.—In fiscal year 2021, the (2) FUNDS DESCRIBED.—The funds described in
penses, including salaries and benefits. program carried out under section 117 of title 23, this paragraph are funds made available for the
(7) FEDERAL LAND MANAGEMENT AGENCY United States Code, shall, in addition to any implementation or execution of Federal-aid
FUNDS.— otherwise applicable requirements, be subject to highway and highway safety construction pro-
(A) DISTRIBUTION.—Amounts made available the following provisions: grams authorized under title 23 or 49, United
under paragraph (3)(E) shall be distributed (A) MULTIMODAL PROJECTS.—Notwithstanding States Code, the FAST Act (Public Law 114–94),
among the Federal land management agencies subsection (d)(2)(A) of such section, the limita- or this division.
as follows: tion for projects described in such subsection (3) EXCEPTIONS.—Paragraph (1) shall not
(i) $99,494,147 for the National Park Service. shall be $600,000,000 for fiscal years 2016 apply to amounts obligated under section 115 or
(ii) $9,949,415 for the United States Fish and through 2021. 117 of title 23, United States Code, or chapter 6
Wildlife Service. (B) ADDITIONAL CONSIDERATIONS.—Notwith- of such title.
(iii) $6,301,296 for the United States Forest standing subsection (h)(2) of such section, the (d) ADMINISTRATIVE EXPENSES.—
Service. Secretary shall not consider the utilization of (1) SELF-CERTIFICATION AND AUDIT.—
(iv) $8,622,826 to be allocated to the applicable non-Federal contributions. (A) IN GENERAL.—Prior to the obligation of
Federal land management agencies as described (C) EVALUATION AND RATING.—To evaluate funds for administrative expenses pursuant to
in section 203(b) of title 23, United States Code. applications for funding under such section, the paragraph (4)(C)(ii), (5)(B)(ii), (6)(B)(i)(II), or
(B) TREATMENT.—Amounts made available Secretary shall— (6)(B)(ii)(II) of subsection (a) or paragraphs
under paragraph (3)(E) shall be administered as (i) determine whether a project is eligible for a
(1)(A)(ii) and (2)(B) of subsection (b), a State, a
if made available under section 203 of title 23, grant under such section;
Tribe, Puerto Rico, or a territory, as applicable,
United States Code. (ii) evaluate, through a methodology that is
shall certify to the Secretary that such adminis-
(8) DISADVANTAGED BUSINESS ENTERPRISES.— discernible and transparent to the public, how
trative expenses meet the requirements of such
Section 1101(b) of the FAST Act (Public Law each application addresses the merit criteria es-
paragraphs, as applicable.
114–94) shall apply to additional amounts made tablished by the Secretary;
(iii) assign a quality rating for each merit cri- (B) AUDIT.—The Secretary may conduct an
available under paragraph (1). audit to review obligations of funds and liquida-
(b) SPECIAL RULES FOR FISCAL YEAR 2021.— teria for each application based on the evalua-
tion under clause (ii); tion of such obligations for eligible administra-
(1) SUBALLOCATED AMOUNTS.— tive expenses described under subparagraph (A).
(A) USE OF FUNDS.—Amounts authorized to be (iv) ensure that applications receive final con-
sideration by the Secretary to receive an award (2) PLANNING.—Notwithstanding any other
appropriated for fiscal year 2021 with respect to provision of law, administrative expenses de-
a program under section 101(a)(2)(A) that are under such section only on the basis of such
quality ratings and that the Secretary gives scribed in paragraph (1)(A) shall not be required
suballocated pursuant to section 133(d)(1)(A) of to be included in a metropolitan transportation
title 23, United States Code, may be obligated final consideration only to applications that
meet the minimally acceptable level for each of plan, a long-range statewide transportation
for— plan, a transportation improvement program, or
(i) eligible projects as described in section the merit criteria; and
(v) award grants only to projects rated highly a statewide transportation improvement pro-
133(b) of title 23, United States Code; or gram under sections 134 or 135 of title 23, United
(ii) administrative expenses, including salaries under the evaluation and rating process.
(D) PUBLICATION AND METHODOLOGY.—In any States Code, or chapter 53 of title 49, United
and benefits, of—
published notice of funding opportunity for a States Code, as applicable.
(I) a local transportation agency; or
grant under such section, the Secretary shall in- (e) DEFINITIONS.—In this section, the fol-
(II) a metropolitan planning organization.
clude detailed information on the rating meth- lowing definitions apply:
(B) OBLIGATION AUTHORITY.—
odology and merit criteria to be used to evaluate (1) STANDARD AUGUST REDISTRIBUTION.—The
(i) IN GENERAL.—A State that is required to
applications. term ‘‘standard August redistribution’’ means
obligate in an urbanized area with an urbanized
(E) REPEAT APPLICATIONS.— the redistribution of obligation authority that
area population of over 200,000 individuals
(i) BRIEFING.—The Secretary shall provide to the Secretary is directed to administer under—
under section 133(d) of title 23, United States
each applicant that applied for, but did not re- (A) section 1102(d) of the FAST Act (Public
Code, funds apportioned to the State under sec-
ceive, funding under such section in fiscal year Law 114–94); or
tion 104(b)(2) of such title shall make available
2019 or 2020, at the request of the applicant, the (B) any Act making appropriations for the
during the period of fiscal years 2016 through
opportunity to receive a briefing to— Department of Transportation for fiscal year
2021 an amount of obligation authority distrib-
(I) explain any reasons the application was 2021.
uted to the State for Federal-aid highways and
not selected for funding; and (2) STATE.—The term ‘‘State’’ means the 50
highway safety construction programs for use in (II) advise the applicant on how to improve States and the District of Columbia.
the area that is equal to the amount obtained by the application for resubmission in fiscal year (3) TERRITORY.—The term ‘‘territory’’ means
multiplying— 2021 under the application criteria described in
(I) the aggregate amount of funds that the any of the following territories of the United
this paragraph. States:
State is required to obligate in the area under (ii) SUPPLEMENTARY APPLICATION.—
section 133(d) of title 23, United States Code, (A) American Samoa.
(I) IN GENERAL.—An applicant for funding (B) The Commonwealth of the Northern Mar-
during the period; and under such section may elect to resubmit an ap-
(II) the ratio that— iana Islands.
plication from a previous solicitation with a (C) Guam.
(aa) the aggregate amount of obligation au- supplementary appendix that describes how the
thority distributed to the State for Federal-aid (D) The United States Virgin Islands.
proposed project meets the requirements of sec- (4) URBAN AREA; URBANIZED AREA.—The terms
highways and highway safety construction pro- tion 117 of title 23, United States Code, and this
grams during the period; bears to ‘‘urban area’’ and ‘‘urbanized area’’ have the
paragraph. meanings given such terms in section 101 of title
(bb) the total of the sums apportioned to the (II) REQUIREMENTS.—The Secretary shall en-
State for Federal-aid highways and highway 23, United States Code.
sure that applications submitted under sub-
safety construction programs (excluding sums SEC. 103. FEDERAL TRANSIT ADMINISTRATION.
clause (I), including the supplementary appen-
not subject to an obligation limitation) during dix, are evaluated based on such requirements. (a) ADDITIONAL AMOUNTS.—
the period. (F) CONGRESSIONAL NOTIFICATION.—A notifi- (1) AUTHORIZATION OF APPROPRIATIONS FROM
(ii) JOINT RESPONSIBILITY.—Each State, each cation submitted pursuant to subsection (m) of MASS TRANSIT ACCOUNT.—
affected metropolitan planning organization, such section shall include— (A) IN GENERAL.—In addition to amounts au-
and the Secretary shall jointly ensure compli- (i) a summary of each application submitted thorized under section 101, there is authorized to
ance with clause (i). and, at the request of either Committee, a copy be appropriated from the Mass Transit Account
(2) FERRY BOAT PROGRAM.—Amounts author- of any application submitted; for fiscal year 2021, for activities under this sec-
ized to be appropriated for fiscal year 2021 with (ii) a list of any projects the Secretary deter- tion, $5,794,851,538.
respect to a program under section 101(a)(2)(A) mined were not eligible for funding; (B) APPORTIONMENT.—Amounts authorized
that are made available for the construction of (iii) a description of the specific criteria used under subparagraph (A) shall be apportioned in
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ferry boats and ferry terminal facilities under for each evaluation, including the quality rat- accordance with section 5310, section 5311 (other
section 147 of title 23, United States Code, may ing assigned for each eligible application sub- than subsections (b)(3), (c)(1)(A), and (c)(2) of
be obligated— mitted; such section), section 5336 (other than sub-
(A) in accordance with sections 129(c) and 147 (iv) a list of all projects that advanced to the section (h)(4) of such section), section 5337, and
of title 23, United States Code; Secretary for consideration; and section 5340 of title 49, United States Code, ex-
(B) for administrative expenses, including sal- (v) a detailed justification of the basis for cept that funds apportioned under section 5337
aries and benefits, of a ferry boat operator or each award proposed to be selected. of such title shall be added to funds apportioned
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H2702 CONGRESSIONAL RECORD — HOUSE June 30, 2020
under section 5307 of such title for administra- (A) 5309(d) of title 49, United States Code, that (C) OBLIGATION LIMITATION.—Notwith-
tion under section 5307 of such title. has been approved for advancement into the en- standing any other provision of law, for fiscal
(C) ALLOCATION.—The Secretary shall allocate gineering phase; year 2021, obligations for activities authorized
the amounts authorized to be appropriated to (B) 5309(e) of title 49, United States Code, that under this paragraph and obligations for activi-
sections 5307, 5310, 5311, 5337, and 5340 of title has entered into the project development phase ties authorized under section
49, United States Code, among such sections in or approved for advancement into the engineer- 101(a)(2)(A)(i)(II)(bb) that exceed amounts au-
the same ratio as funds are provided in the fis- ing phase; thorized under section 4001(a)(6) of the FAST
cal year 2020 appropriations. (C) subsection (d) or (e) of section 5309 of title Act (Public Law 114–94) shall not exceed
(D) OBLIGATION LIMITATION.—Notwith- 49, United States Code, that has a full funding $247,783,000.
standing any other provision of law, for fiscal grant agreement entered into under either such (2) DISTRIBUTION OF FUNDS.—Amounts au-
year 2021, obligations for activities authorized subsection after January 1, 2017; and thorized to be appropriated for fiscal year 2021
under this paragraph shall not exceed (D) section 5309(h) of title 49, United States under paragraph (1) shall be distributed as fol-
$5,794,851,538. Code, that the Federal Transit Administration lows:
(2) AUTHORIZATION OF APPROPRIATIONS FROM has a small starts grant award or agreement en- (A) $105,000,000 for carrying out section 402 of
GENERAL FUND.—In addition to amounts author- tered into after January, 1, 2017, or that has title 23, United States Code.
ized under section 101(a)(1)(B), there is author- been recommended by the Administration for an (B) $15,312,000 for carrying out section 403 of
ized to be appropriated from the general fund of allocation of capital investment funds that were title 23, United States Code.
the Treasury— (C) $19,202,000 for carrying out section 404 of
appropriated in fiscal year 2018, 2019, or 2020.
(A) $958,000,000 to carry out section 5309 of (2) PROJECT ELIGIBILITY.—From amounts title 23, United States Code.
title 49, United States Code; and (D) $105,000,000 for carrying out section 405 of
made available under subsection (a)(2)(B), the
(B) such sums as may be necessary to be made title 23, United States Code.
Secretary shall use such sums as may be nec- (b) SPECIAL RULES FOR FISCAL YEAR 2021.—
available as described in subsection (c) and that essary for projects under section 5309 of title 49, (1) FEDERAL SHARE.—Notwithstanding sec-
such sums shall be designated by the Congress United States Code, that— tions 120, 405(b)(2), 405(c)(2), 405(d)(2) and
as being for an emergency requirement pursuant (A) are not eligible for funds made available
to section 251(b)(2)(A)(i) of the Balanced Budget 405(h)(2) of title 23, United States Code, the Fed-
under paragraph (1); and eral share of activities for fiscal year 2021 car-
and Emergency Deficit Control Act of 1985. (B) have remaining scheduled Federal funds
(3) DISADVANTAGED BUSINESS ENTERPRISES.— ried out under chapter 4 of title 23, United
to be appropriated under a full funding grant States Code and section 1906 of SAFETEA–LU
Section 1101(b) of the FAST Act (Public Law agreement under such section.
114–94) shall apply to additional amounts made (23 U.S.C. 402 note) shall be 100 percent.
(3) DEFERRED LOCAL SHARE.—The Secretary (2) PERIOD OF AVAILABILITY.—Notwith-
available under this subsection. shall allow a project sponsor to defer payment
(b) SPECIAL RULES FOR FISCAL YEAR 2021.— standing section 118(b) of title 23, United States
of the local share for any project described in Code, funds apportioned or allocated to a State
(1) USE OF FUNDS.—Notwithstanding
paragraphs (1) and (2). in fiscal years 2017 and 2018 under sections 402
5307(a)(1) of title 49, United States Code, (4) TOTAL PROJECT COST.—In this subsection,
amounts made available under subsection and 405 of title 23, United States Code, and sec-
the term ‘‘total project cost’’ means the most re- tion 1906 of SAFETEA–LU (23 U.S.C. 402 note),
(a)(1)(A) may be obligated for— cent total project cost stipulated in—
(A) operating expenses, including, beginning shall remain available for obligation in that
(A) the full funding grant agreement; State for a period of 4 years after the last day
on January 20, 2020— (B) the approval into project engineering;
(i) reimbursement for operating costs to main- of the fiscal year for which the funds are au-
(C) the project rating for a project not yet ap-
tain service and offset lost revenue, including thorized. Notwithstanding any other provision
proved into project engineering;
the purchase of personal protective equipment; of law, this paragraph shall apply as if such
(D) the small starts grant or grant agreement;
and paragraph was enacted on September 30, 2020.
or (3) MAINTENANCE OF EFFORT.—Notwith-
(ii) paying the administrative leave of oper- (E) the project rating for a small starts project
ations personnel due to reductions in service; standing section 405(a)(9) of title 23, United
that has not yet been awarded a grant or grant States Code, the Secretary may waive the main-
and agreement.
(B) any other activity eligible under section tenance of effort requirements under such sec-
(5) FEDERAL SHARE.—The Federal share of the
5307, 5310, 5311, or 5337 of title 49, United States tion for fiscal year 2021 for a State, if the Sec-
costs of a project under this subsection may not
Code. retary determines appropriate.
exceed 80 percent. (4) IN-VEHICLE ALCOHOL DETECTION DEVICE RE-
(2) CONDITIONS.—Recipients use of funds
(6) APPLICATION OF LAW.—For purposes of SEARCH.—In carrying out subsection (h) of sec-
under paragraph (1) shall—
(A) not require that operating expenses de- paragraph (1), the Secretary shall apply section tion 403 of title 23, United States Code, the Sec-
scribed in paragraph (1)(A) be included in a 7001(b) of this Act when providing the addi- retary may obligate from funds made available
metropolitan transportation plan, long-range tional 30 percent of total project costs to any to carry out such section for fiscal year 2021 not
statewide transportation plan, a transportation project that meets the criteria in such section. more than $5,312,000 to conduct the research de-
(d) FEDERAL SHARE.— scribed in paragraph (1) of such subsection.
improvement program, or a statewide transpor-
(1) IN GENERAL.—Notwithstanding chapter 53 (5) COOPERATIVE RESEARCH AND EVALUA-
tation improvement program;
(B) meet the requirements of section 5333 of of title 49, United States Code, or any other pro- TION.—Notwithstanding the apportionment for-
title 49, United States Code; and vision of this division, the Federal share associ- mula set forth in section 402(c)(2) of title 23,
(C) to the maximum extent possible, be di- ated with funds described in paragraph (2) that United States Code, and section 403(f)(1) of title
rected to payroll and public transit service, un- are obligated during fiscal year 2021 may be up 23, United States Code, $2,500,000 of the total
less the recipient certifies to the Secretary that to 100 percent. amount available for apportionment to the
such recipient has not furloughed any employ- (2) FUNDS DESCRIBED.—The funds described in States for highway safety programs under sec-
ees. this paragraph are funds made available for the tion 402(c)(2) of title 23, United States Code, for
(3) OVERSIGHT.— implementation of transit programs authorized each of fiscal years 2016 through 2021, shall be
(A) Of the amounts made available to carry by chapter 53 of title 49, United States Code, the available for expenditure by the Secretary, act-
out this section, the percentages available for FAST Act (Public Law 114–94), or this division, ing through the Administrator of the National
oversight in section 5338(f)(1) of title 49, United excluding funds made available to projects Highway Traffic Safety Administration, for a
States Code, shall apply to the allocations of under section 5309 of title 49, United States cooperative research and evaluation program to
funds in subsection (a)(1)(C). Code. research and evaluate priority highway safety
(B) USE OF FUNDS.—Amounts made available (e) CONDITION FOR APPORTIONMENT.—No
countermeasures. This paragraph shall apply as
under subsection (a)(1)(A) shall be available for funds authorized in this division or any other
if such paragraph was enacted on October 1,
administrative expenses and program manage- Act may be used to adjust Mass Transit Account
2015.
ment oversight as authorized under sections 5334 apportionments or withhold funds from Mass
SEC. 105. FEDERAL MOTOR CARRIER SAFETY AD-
and 5338(f)(2) of title 49, United States Code. Transit Account apportionments pursuant to MINISTRATION.
(4) ADMINISTRATION OF GRANTS.—Amounts section 9503(e)(4) of the Internal Revenue Code (a) SPECIAL FUNDING FOR FISCAL YEAR 2021.—
made available under subsection (a)(1)(A) shall of 1986 in fiscal year 2021. (1) AUTHORIZATION OF APPROPRIATIONS.—
be administered, at the option of the recipient, SEC. 104. NATIONAL HIGHWAY TRAFFIC SAFETY (A) IN GENERAL.—In addition to amounts au-
as grants provided under the CARES Act (Pub- ADMINISTRATION. thorized under section 101, there is authorized to
lic Law 116–136) are administered. (a) SPECIAL FUNDING FOR FISCAL YEAR 2021.— be appropriated from the Highway Account for
(c) CIG COVID–19 EMERGENCY RELIEF PRO- (1) IN GENERAL.— fiscal year 2021, for activities under this sub-
GRAM.— (A) AUTHORIZATION OF APPROPRIATIONS.—In section, $209,900,000.
(1) IN GENERAL.—From amounts made avail- addition to amounts authorized under section (B) OBLIGATION LIMITATION.—Notwith-
able under subsection (a)(2)(B) and notwith- 101, there is authorized to be appropriated from standing any other provision of law, for fiscal
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standing section 5309(k)(2)(C)(ii), section the Highway Account for fiscal year 2021, for year 2021, obligations for activities authorized
5309(a)(7)(B), or section 5309(l)(1)(B)(ii) of title activities under this subsection, $244,514,000. under this paragraph shall not exceed
49, United States Code, at the request of a (B) CONTRACT AUTHORITY.—Amounts author- $209,900,000.
project sponsor, the Secretary shall use such ized under subparagraph (A) shall be available (2) DISTRIBUTION OF FUNDS.—Amounts au-
sums as may be necessary to provide an addi- for obligation in the same manner as if such thorized to be appropriated for fiscal year 2021
tional 30 percent of total project costs for any funds were apportioned under chapter 1 of title under paragraph (1) shall be distributed as fol-
project under— 23, United States Code. lows:
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2703
(A) Subject to section 31104(c) of title 49, TITLE I—FEDERAL-AID HIGHWAYS (8) ELECTRIC VEHICLE CHARGING, NATURAL GAS
United States Code— Subtitle A—Authorizations and Program FUELING, PROPANE FUELING, AND HYDROGEN
(i) $80,512,000 for carrying out section 31102 Conditions FUELING INFRASTRUCTURE GRANTS.—To carry
(except subsection (l)) of title 49, United States out section 151(f) of title 23, United States Code,
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
Code); $350,000,000 for each of fiscal years 2022 through
(ii) $14,208,000 for carrying out section 31102(l) (a) IN GENERAL.—The following amounts are
2025.
of title 49, United States Code; and authorized to be appropriated out of the High- (9) COMMUNITY CLIMATE INNOVATION
(iii) $23,680,000 for carrying out section 31313 way Trust Fund (other than the Mass Transit GRANTS.—To carry out section 172 of title 23,
of title 49, United States Code. Account): United States Code, $250,000,000 for each of fis-
(B) $91,500,000 for carrying out section 31110 (1) FEDERAL-AID HIGHWAY PROGRAM.—For the cal years 2022 through 2025.
of title 49, United States Code. national highway performance program under (b) ADDITIONAL PROGRAMS.—
(3) TREATMENT OF FUNDS.—Except as provided section 119 of title 23, United States Code, the (1) IN GENERAL.—The following amounts are
in subsection (b), amounts made available under pre-disaster mitigation program under section authorized to be appropriated out of the High-
this section shall be made available for obliga- 124 of such title, the railway crossings program way Trust Fund (other than the Mass Transit
tion and administered as if made available under section 130 of such title, the surface Account):
under chapter 311 of title 49, United States transportation program under section 133 of (A) GRIDLOCK REDUCTION GRANT PROGRAM.—
Code. such title, the highway safety improvement pro- To carry out section 1306 of this Act,
(b) SPECIAL RULES FOR FISCAL YEAR 2021.— gram under section 148 of such title, the conges- $250,000,000 for fiscal year 2022.
(1) FINANCIAL ASSISTANCE AGREEMENTS FED- tion mitigation and air quality improvement (B) REBUILD RURAL GRANT PROGRAM.—To
ERAL SHARE.—Notwithstanding chapter 311 of program under section 149 of such title, the na- carry out section 1307 of this Act, $250,000,000
title 49, United States Code, or any regulations tional highway freight program under section for fiscal year 2022.
adopted pursuant to such chapter, for the dura- 167 of such title, the carbon pollution reduction (C) PARKING FOR COMMERCIAL MOTOR VEHI-
tion of fiscal year 2021 with respect to all finan- program under section 171 of such title, and CLES.—To carry out section 1308 of this Act,
cial assistance made available under subsection metropolitan planning under section 134 of such $250,000,000 for fiscal year 2023.
(a) and section 101, the Secretary of Transpor- title— (D) ACTIVE TRANSPORTATION CONNECTIVITY
tation may— (A) $55,022,048,429 for fiscal year 2022; GRANT PROGRAM.—To carry out section 1309 of
(A) reimburse recipients under section (B) $55,980,646,776 for fiscal year 2023; this Act, $250,000,000 for fiscal year 2024.
31104(b)(2) of title 49, United States Code, in an (C) $57,095,359,712 for fiscal year 2024; and (E) METRO PERFORMANCE PROGRAM.—To carry
amount that is 100 percent of the costs described (D) $58,118,666,186 for fiscal year 2025. out section 1305 of this Act, $250,000,000 for each
in such section; and (2) TRANSPORTATION INFRASTRUCTURE FINANCE of fiscal years 2023 through 2025.
(B) waive the maintenance of effort require- AND INNOVATION PROGRAM.—For credit assist- (2) TREATMENT OF FUNDS.—Amounts made
ment under 31102(f) of title 49, United States ance under the transportation infrastructure fi- available under subparagraphs (B) through (D)
Code, for all States without requiring States to nance and innovation program under chapter 6 of paragraph (1) shall be administered as if ap-
request a waiver. of title 23, United States Code, $300,000,000 for portioned under chapter 1 of title 23, United
(2) FINANCIAL ASSISTANCE AGREEMENTS PERIOD each of fiscal years 2022 through 2025. States Code.
OF AVAILABILITY.—Notwithstanding section (3) CONSTRUCTION OF FERRY BOATS AND FERRY (c) DISADVANTAGED BUSINESS ENTERPRISES.—
31104(f) of title 49, United States Code, the Sec- TERMINAL FACILITIES.—For construction of ferry (1) FINDINGS.—Congress finds that—
retary shall extend the periods of availability boats and ferry terminal facilities under section (A) despite the real improvements caused by
described in such section by 1 year. 147 of title 23, United States Code, $120,000,000 the disadvantaged business enterprise program,
(3) ADMINISTRATIVE EXPENSES.—The Adminis- for each of fiscal years 2022 through 2025. minority- and women-owned businesses across
trator of the Federal Motor Carrier Safety Ad- (4) FEDERAL LANDS AND TRIBAL TRANSPOR- the country continue to confront serious and
ministration shall ensure that funds made avail- TATION PROGRAMS.— significant obstacles to success caused by race
able under subsection (a)(2)(B) are used, to the (A) TRIBAL TRANSPORTATION PROGRAM.—For and gender discrimination in the federally as-
maximum extent practicable, to support— the tribal transportation program under section sisted surface transportation market and related
(A) the acceleration of planned investments to 202 of title 23, United States Code, $800,000,000 markets across the United States;
modernize the Administration’s information for each of fiscal years 2022 through 2025. (B) the continuing race and gender discrimi-
technology and information management sys- (B) FEDERAL LANDS TRANSPORTATION PRO- nation described in subparagraph (A) merits the
tems; GRAM.— continuation of the disadvantaged business en-
(B) the completion of outstanding statutory (i) IN GENERAL.—For the Federal lands trans- terprise program;
mandates required by MAP–21 (112–141) and the portation program under section 203 of title 23, (C) recently, the disparities cause by discrimi-
FAST Act (114–94); and United States Code, $550,000,000 for each of fis- nation against African American, Hispanic
(C) a Large Truck Crash Causal Factors cal years 2022 through 2025. American, Asian American, Native American,
Study of the Administration. (ii) ALLOCATION.—Of the amount made avail- and women business owners have been further
SEC. 106. DEFINITIONS. able for a fiscal year under clause (i)— exacerbated by the coronavirus pandemic and
In this division, the following definitions (I) the amount for the National Park Service its disproportionate effects on minority- and
apply: is $400,000,000 for each of fiscal years 2022 women-owned businesses across the nation;
(1) HIGHWAY ACCOUNT.—The term ‘‘Highway through 2025; (D) Congress has received and reviewed testi-
Account’’ means the portion of the Highway (II) the amount for the United States Fish and mony and documentation of race and gender
Trust Fund that is not the Mass Transit Ac- Wildlife Service is $50,000,000 for each of fiscal discrimination from numerous sources, includ-
count. years 2022 through 2025; and ing congressional hearings and other investiga-
(2) MASS TRANSIT ACCOUNT.—The term ‘‘Mass (III) the amount for the United States Forest tive activities, scientific reports, reports issued
Transit Account’’ means the portion of the Service is $50,000,000 for each of fiscal years 2022 by public and private agencies at every level of
Highway Trust Fund established under section through 2025. government, news reports, academic publica-
9503(e)(1) of the Internal Revenue Code of 1986. (C) FEDERAL LANDS ACCESS PROGRAM.—For tions, reports of discrimination by organizations
(3) SECRETARY.—The term ‘‘Secretary’’ means the Federal lands access program under section and individuals, and discrimination lawsuits,
the Secretary of Transportation. 204 of title 23, United States Code, $345,000,000 which continue to demonstrate that race- and
DIVISION B—SURFACE TRANSPORTATION for each of fiscal years 2022 through 2025. gender-neutral efforts alone are insufficient to
SEC. 1001. APPLICABILITY OF DIVISION. (D) FEDERAL LANDS AND TRIBAL MAJOR address the problem;
(a) APPLICABILITY.—This division, including PROJECTS GRANTS.—To carry out section 208 of (E) the testimony and documentation de-
the amendments made by this division, applies title 23, United States Code, $400,000,000 for each scribed in subparagraph (D) demonstrate that
beginning on October 1, 2021. of fiscal years 2022 through 2025. discrimination across the United States poses an
(b) REFERENCE TO DATE OF ENACTMENT.—In (5) TERRITORIAL AND PUERTO RICO HIGHWAY injurious and enduring barrier to full and fair
this division and the amendments made by this PROGRAM.—For the territorial and Puerto Rico participation in surface transportation-related
division, any reference to— highway program under section 165 of title 23, businesses of women business owners and mi-
(1) the date of enactment of this Act; United States Code, $310,000,000 for each of fis- nority business owners and has negatively af-
(2) the date of enactment of a provision of this cal years 2022 through 2025. fected firm formation, development and success
division; (6) PROJECTS OF NATIONAL AND REGIONAL SIG- in many aspects of surface transportation-re-
(3) the date of enactment of a provision added NIFICANCE.—For projects of national and re- lated business in the public and private markets;
to law by an amendment made by this division; gional significance under section 117 of title 23, and
or United States Code— (F) the testimony and documentation de-
(4) the date of enactment of the INVEST in (A) $2,200,000,000 for fiscal year 2022; scribed in subparagraph (D) provide a clear pic-
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America Act added to law by an amendment (B) $2,200,000,000 for fiscal year 2023; ture of the inequality caused by discrimination
made by this division, (C) $2,300,000,000 for fiscal year 2024; and that continues to plague our nation and a
shall be treated as a reference to October 1, 2021. (D) $2,350,000,000 for fiscal year 2025. strong basis that there is a compelling need for
(c) EXCEPTION FOR IMMEDIATE APPLICATION.— (7) COMMUNITY TRANSPORTATION INVESTMENT the continuation of the disadvantaged business
Subsections (a) and (b) shall not apply to sec- GRANTS.—To carry out section 173 of title 23, enterprise program to address race and gender
tion 1105 and the amendments made by such sec- United States Code, $600,000,000 for each of fis- discrimination in surface transportation-related
tion. cal years 2022 through 2025. business.
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H2704 CONGRESSIONAL RECORD — HOUSE June 30, 2020
(2) DEFINITIONS.—In this subsection, the fol- comply with section 26.29 of title 49, Code of not subject to a limitation on obligations at the
lowing definitions apply: Federal Regulations (the disadvantaged busi- time at which the funds were initially made
(A) SMALL BUSINESS CONCERN.—The term ness enterprises prompt payment rule), or any available for obligation;
‘‘small business concern’’ means a small busi- corresponding regulation, in awarding federally (12) section 119 of title 23, United States Code
ness concern (as the term is used in section 3 of funded transportation contracts under laws and (as in effect for fiscal years 2013 through 2015,
the Small Business Act (15 U.S.C. 632)). regulations administered by the Secretary; and but only in an amount equal to $639,000,000 for
(B) SOCIALLY AND ECONOMICALLY DISADVAN- (B) such additional steps should include in- each of those fiscal years);
TAGED INDIVIDUALS.—The term ‘‘socially and creasing the Department of Transportation’s (13) section 119 of title 23, United States Code
economically disadvantaged individuals’’ has ability to track and keep records of complaints (but, for fiscal years 2016 through 2021, only in
the meaning given the term in section 8(d) of the and to make that information publicly avail- an amount equal to $639,000,000 for each of
Small Business Act (15 U.S.C. 637(d)) and rel- able. those fiscal years);
evant subcontracting regulations issued pursu- (d) LIMITATION ON FINANCIAL ASSISTANCE FOR (14) section 203 of title 23, United States Code
ant to that Act, except that women shall be pre- STATE-OWNED ENTERPRISES.— (but, for fiscal years 2022 through 2025, only in
sumed to be socially and economically disadvan- (1) IN GENERAL.—Funds provided under this an amount equal to $550,000,000 for each of
taged individuals for purposes of this sub- section may not be used in awarding a contract, those fiscal years); and
section. subcontract, grant, or loan to an entity that is (15) section 133(d)(1)(B) of title 23, United
(3) AMOUNTS FOR SMALL BUSINESS CONCERNS.— owned or controlled by, is a subsidiary of, or is States Code (but, for fiscal years 2022 through
Except to the extent that the Secretary of Trans- otherwise related legally or financially to a cor- 2025, only in an amount equal to $89,000,000 for
portation determines otherwise, not less than 10 poration based in a country that— each of those fiscal years).
percent of the amounts made available for any (A) is identified as a nonmarket economy (c) DISTRIBUTION OF OBLIGATION AUTHOR-
program under titles I, II, V, and VII of this di- country (as defined in section 771(18) of the Tar- ITY.—Subject to paragraph (1)(B), for each of
vision and section 403 of title 23, United States iff Act of 1930 (19 U.S.C. 1677(18))) as of the date fiscal years 2022 through 2025, the Secretary of
Code, shall be expended through small business of enactment of this Act; Transportation—
concerns owned and controlled by socially and (B) was identified by the United States Trade (1)(A) shall not distribute obligation authority
economically disadvantaged individuals. Representative in the most recent report re- provided by subsection (a) for the fiscal year
(4) ANNUAL LISTING OF DISADVANTAGED BUSI- quired by section 182 of the Trade Act of 1974 (19 for—
NESS ENTERPRISES.—Each State shall annually— U.S.C. 2242) as a priority foreign country under (i) amounts authorized for administrative ex-
(A) survey and compile a list of the small busi- subsection (a)(2) of that section; and penses and programs by section 104(a) of title 23,
ness concerns referred to in paragraph (3) in the (C) is subject to monitoring by the Trade Rep- United States Code;
State, including the location of the small busi- resentative under section 306 of the Trade Act of (ii) amounts authorized for the Bureau of
ness concerns in the State; and 1974 (19 U.S.C. 2416). Transportation Statistics;
(B) notify the Secretary, in writing, of the (2) EXCEPTION.—For purposes of paragraph (iii) amounts authorized for the tribal trans-
percentage of the small business concerns that (1), the term ‘‘otherwise related legally or finan- portation program under section 202 of title 23,
are controlled by— cially’’ does not include a minority relationship United States Code; and
(i) women; or investment. (iv) amounts authorized for the territorial and
(ii) socially and economically disadvantaged (3) INTERNATIONAL AGREEMENTS.—This sub- Puerto Rico highway program under section
individuals (other than women); and section shall be applied in a manner consistent 165(a) of title 23, United States Code; and
(iii) individuals who are women and are oth- with the obligations of the United States under (B) for each of fiscal years 2023 through 2025,
erwise socially and economically disadvantaged international agreements. in addition to the amounts described in sub-
individuals. paragraph (A), shall not distribute obligation
SEC. 1102. OBLIGATION LIMITATION.
(5) UNIFORM CERTIFICATION.— authority provided by subsection (a) for the fis-
(A) IN GENERAL.—The Secretary of Transpor- (a) GENERAL LIMITATION.—Subject to sub- cal year for amounts authorized for the metro
tation shall establish minimum uniform criteria section (e), and notwithstanding any other pro- performance program under section 1305 of this
for use by State governments in certifying vision of law, the obligations for Federal-aid Act;
whether a concern qualifies as a small business highway and highway safety construction pro- (2) shall not distribute an amount of obliga-
concern for the purpose of this subsection. grams shall not exceed— tion authority provided by subsection (a) that is
(B) INCLUSIONS.—The minimum uniform cri- (1) $62,159,350,954 for fiscal year 2022; equal to the unobligated balance of amounts—
teria established under subparagraph (A) shall (2) $63,121,354,776 for fiscal year 2023; (A) made available from the Highway Trust
include, with respect to a potential small busi- (3) $64,346,443,712 for fiscal year 2024; and Fund (other than the Mass Transit Account) for
ness concern— (4) $65,180,125,186 for fiscal year 2025. Federal-aid highway and highway safety con-
(i) on-site visits; (b) EXCEPTIONS.—The limitations under sub- struction programs for previous fiscal years, the
(ii) personal interviews with personnel; section (a) shall not apply to obligations under funds for which are allocated by the Secretary
(iii) issuance or inspection of licenses; or for— (or apportioned by the Secretary under section
(iv) analyses of stock ownership; (1) section 125 of title 23, United States Code; 202 or 204 of title 23, United States Code); and
(v) listings of equipment; (2) section 147 of the Surface Transportation (B) for which obligation authority was pro-
(vi) analyses of bonding capacity; Assistance Act of 1978 (23 U.S.C. 144 note; 92 vided in a previous fiscal year;
(vii) listings of work completed; Stat. 2714); (3) shall determine the proportion that—
(viii) examination of the resumes of principal (3) section 9 of the Federal-Aid Highway Act (A) the obligation authority provided by sub-
owners; of 1981 (95 Stat. 1701); section (a) for the fiscal year, less the aggregate
(ix) analyses of financial capacity; and (4) subsections (b) and (j) of section 131 of the of amounts not distributed under paragraphs (1)
(x) analyses of the type of work preferred. Surface Transportation Assistance Act of 1982 and (2) of this subsection; bears to
(6) REPORTING.—The Secretary of Transpor- (96 Stat. 2119); (B) the total of—
tation shall establish minimum requirements for (5) subsections (b) and (c) of section 149 of the (i) the sums authorized to be appropriated for
use by State governments in reporting to the Surface Transportation and Uniform Relocation the Federal-aid highway and highway safety
Secretary— Assistance Act of 1987 (101 Stat. 198); construction programs, other than sums author-
(A) information concerning disadvantaged (6) sections 1103 through 1108 of the Inter- ized to be appropriated for—
business enterprise awards, commitments, and modal Surface Transportation Efficiency Act of (I) provisions of law described in paragraphs
achievements; and 1991 (Public Law 102–240); (1) through (13) of subsection (b);
(B) such other information as the Secretary (7) section 157 of title 23, United States Code (II) section 203 of title 23, United States Code,
determines to be appropriate for the proper mon- (as in effect on June 8, 1998); equal to the amount referred to in subsection
itoring of the disadvantaged business enterprise (8) section 105 of title 23, United States Code (b)(14) for the fiscal year; and
program. (as in effect for fiscal years 1998 through 2004, (III) section 133(d)(1)(B) of title 23, United
(7) COMPLIANCE WITH COURT ORDERS.—Noth- but only in an amount equal to $639,000,000 for States Code, equal to the amount referred to in
ing in this subsection limits the eligibility of an each of those fiscal years); subsection (b)(15) for the fiscal year; less
individual or entity to receive funds made avail- (9) Federal-aid highway programs for which (ii) the aggregate of the amounts not distrib-
able under titles I, II, V, and VII of this division obligation authority was made available under uted under paragraphs (1) and (2) of this sub-
and section 403 of title 23, United States Code, the Transportation Equity Act for the 21st Cen- section;
if the entity or person is prevented, in whole or tury (112 Stat. 107) or subsequent Acts for mul- (4) shall distribute the obligation authority
in part, from complying with paragraph (3) be- tiple years or to remain available until ex- provided by subsection (a), less the aggregate
cause a Federal court issues a final order in pended, but only to the extent that the obliga- amounts not distributed under paragraphs (1)
which the court finds that a requirement or the tion authority has not lapsed or been used; and (2), for each of the programs (other than
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implementation of paragraph (3) is unconstitu- (10) section 105 of title 23, United States Code programs to which paragraph (1) applies) that
tional. (as in effect for fiscal years 2005 through 2012, are allocated by the Secretary under this Act
(8) SENSE OF CONGRESS ON PROMPT PAYMENT but only in an amount equal to $639,000,000 for and title 23, United States Code, or apportioned
OF DBE SUBCONTRACTORS.—It is the sense of each of those fiscal years); by the Secretary under section 202 or 204 of such
Congress that— (11) section 1603 of SAFETEA–LU (23 U.S.C. title, by multiplying—
(A) the Secretary of Transportation should 118 note; 119 Stat. 1248), to the extent that funds (A) the proportion determined under para-
take additional steps to ensure that recipients obligated in accordance with that section were graph (3); by
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2705
(B) the amounts authorized to be appropriated (24), (25), (26), (27), (28), (29), (30), (31), (32), ‘‘(27) PROTECTIVE FEATURE.—
for each such program for the fiscal year; and (33), and (34) as paragraphs (2), (3), (4), (6), (8), ‘‘(A) IN GENERAL.—The term ‘protective fea-
(5) shall distribute the obligation authority (10), (11), (12), (13), (14), (16), (17), (18), (19), ture’ means an improvement to a highway or
provided by subsection (a), less the aggregate (20), (21), (23), (24), (25), (26), (28), (29), (32), bridge designed to increase resilience or mitigate
amounts not distributed under paragraphs (1) (33), (34), (35), (36), (37), (38), (40), (41), (42), the risk of recurring damage or the cost of fu-
and (2) and the amounts distributed under (43), and (44), respectively; ture repairs from climate change effects, extreme
paragraph (4), for Federal-aid highway and (B) by inserting before paragraph (2), as so re- events, seismic activity, or any other natural
highway safety construction programs that are designated, the following: disaster.
apportioned by the Secretary under title 23, ‘‘(1) ADAPTATION.—The term ‘adaptation’ ‘‘(B) INCLUSIONS.—The term ‘protective fea-
United States Code (other than the amounts ap- means an adjustment in natural or human sys- ture’ includes—
portioned for the surface transportation pro- tems in anticipation of, or in response to, a ‘‘(i) raising roadway grades;
gram in section 133(d)(1)(B) of title 23, United changing environment in a way that moderates ‘‘(ii) relocating roadways to higher ground
States Code, that are exempt from the limitation negative effects of extreme events or climate above projected flood elevation levels or away
under subsection (b)(15) and the amounts appor- change.’’; from slide prone areas;
tioned under sections 202 and 204 of such title) (C) by inserting after paragraph (4), as so re- ‘‘(iii) stabilizing slide areas;
in the proportion that— designated, the following: ‘‘(iv) stabilizing slopes;
(A) amounts authorized to be appropriated for ‘‘(5) CLIMATE CHANGE.—The term ‘climate ‘‘(v) lengthening or raising bridges to increase
the programs that are apportioned under title change’ means any significant change in the waterway openings;
23, United States Code, to each State for the fis- measures of climate lasting for an extended pe- ‘‘(vi) increasing the size or number of drain-
cal year; bears to riod of time, and may include major changes in age structures;
(B) the total of the amounts authorized to be temperature, precipitation, wind patterns, or sea ‘‘(vii) replacing culverts with bridges or
appropriated for the programs that are appor- level, among others, that occur over several dec- upsizing culverts;
tioned under title 23, United States Code, to all ades or longer.’’; ‘‘(viii) installing seismic retrofits on bridges;
States for the fiscal year. (D) in paragraph (6)(A), as so redesignated, ‘‘(ix) scour, stream stability, coastal, and
(d) REDISTRIBUTION OF UNUSED OBLIGATION by inserting ‘‘assessing resilience,’’ after ‘‘sur- other hydraulic countermeasures; and
AUTHORITY.—Notwithstanding subsection (c), veying,’’; ‘‘(x) the use of natural infrastructure.’’;
the Secretary of Transportation shall, after Au- (E) by inserting after paragraph (6), as so re- (J) by inserting after paragraph (29), as so re-
gust 1 of each of fiscal years 2022 through 2025— designated, the following: designated, the following:
(1) revise a distribution of the obligation au- ‘‘(7) CONTEXT SENSITIVE DESIGN PRINCIPLES.— ‘‘(30) REPEATEDLY DAMAGED FACILITY.—The
thority made available under subsection (c) if The term ‘context sensitive design principles’ term ‘repeatedly damaged facility’ means a
an amount distributed cannot be obligated dur- means principles for the design of a public road road, highway, or bridge that has required re-
ing that fiscal year; and that— pair and reconstruction activities on 2 or more
(2) redistribute sufficient amounts to those ‘‘(A) provides for the safe and adequate ac- occasions due to natural disasters or cata-
States able to obligate amounts in addition to commodation, in all phases of project planning, strophic failures resulting in emergencies de-
those previously distributed during that fiscal design, and development, transportation facili- clared by the Governor of the State in which the
year, giving priority to those States having large ties for users, including pedestrians, bicyclists, road, highway, or bridge is located or emer-
unobligated balances of funds apportioned public transportation users, children, older indi- gencies or major disasters declared by the Presi-
under section 104 of title 23, United States Code. viduals, individuals with disabilities, motorists, dent under the Robert T. Stafford Disaster Re-
(e) SPECIAL LIMITATION.— and freight vehicles; and lief and Emergency Assistance Act (42 U.S.C.
(1) IN GENERAL.—Except as provided in para- ‘‘(B) considers the context in which the facil- 5121 et seq.).
graph (2), obligation limitations imposed by sub- ity is planned to be constructed to determine the ‘‘(31) RESILIENCE.—
section (a) shall apply to contract authority appropriate facility design.’’; ‘‘(A) IN GENERAL.—The term ‘resilience’
for— (F) by inserting after paragraph (8), as so re- means, with respect to a facility, the ability to—
(A) transportation research programs carried designated, the following: ‘‘(i) anticipate, prepare for, or adapt to condi-
out under chapter 5 of title 23, United States ‘‘(9) EVACUATION ROUTE.—The term ‘evacu- tions; or
Code, and title V of this Act; and ation route’ means a transportation route or ‘‘(ii) withstand, respond to, or recover rapidly
(B) the metro performance program under sec- system that— from disruptions.
tion 1305 of this Act. ‘‘(A) is used to transport— ‘‘(B) INCLUSIONS.—Such term includes, with
(2) EXCEPTION.—Obligation authority made ‘‘(i) the public away from an emergency event; respect to a facility, the ability to—
available under paragraph (1) shall— or ‘‘(i) resist hazards or withstand impacts from
(A) remain available for a period of 4 fiscal ‘‘(ii) first responders and recovery resources in disruptions;
years; and the event of an emergency; and ‘‘(ii) reduce the magnitude, duration, or im-
(B) be in addition to the amount of any limi- ‘‘(B) is identified, consistent with sections pact of a disruption; or
tation imposed on obligations for Federal-aid 134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by the eligi- ‘‘(iii) have the absorptive capacity, adaptive
highway and highway safety construction pro- ble entity with jurisdiction over the area in capacity, and recoverability to decrease vulner-
grams for future fiscal years. which the route is located for the purposes de- ability to a disruption.’’;
(f) LOP-OFF.— scribed in subparagraph (A).’’; (K) by inserting after paragraph (38), as so re-
(1) IN GENERAL.—Not later than 30 days after (G) by inserting after paragraph (14), as so re- designated, the following:
the date of distribution of obligation authority designated, the following: ‘‘(39) TRANSPORTATION SYSTEM ACCESS.—The
under subsection (c) for each of fiscal years 2022 ‘‘(15) GREENHOUSE GAS.—The term ‘green- term ‘transportation system access’ means the
through 2025, the Secretary of Transportation house gas’ has the meaning given the term in ability to travel by automobile, public transpor-
shall distribute to the States any funds that— section 211(o)(1)(G) of the Clean Air Act (42 tation, pedestrian, and bicycle networks, meas-
(A) are authorized to be appropriated for the U.S.C. 7545(o)(1)(G)).’’; ured by travel time, taking into consideration—
fiscal year for Federal-aid highway programs; (H) by inserting after paragraph (21), as so re- ‘‘(A) the impacts of the level of travel stress
and designated, the following: for non-motorized users;
(B) the Secretary determines will not be allo- ‘‘(22) NATURAL INFRASTRUCTURE.— ‘‘(B) costs for low-income travelers; and
cated to the States (or will not be apportioned to ‘‘(A) IN GENERAL.—The term ‘natural infra- ‘‘(C) the extent to which transportation access
the States under section 204 of title 23, United structure’ means infrastructure that uses, re- is impacted by zoning policies and land use
States Code), and will not be available for obli- stores, or emulates natural ecological processes planning practices that effect the affordability,
gation, for the fiscal year because of the imposi- that— elasticity, and diversity of the housing supply.’’;
tion of any obligation limitation for the fiscal ‘‘(i) is created through the action of natural and
year. physical, geological, biological, and chemical (L) by adding at the end the following:
(2) RATIO.—Funds shall be distributed under processes over time; ‘‘(45) TRANSPORTATION DEMAND MANAGEMENT;
paragraph (1) in the same proportion as the dis- ‘‘(ii) is created by human design, engineering, TDM.—The terms ‘transportation demand man-
tribution of obligation authority under sub- and construction to emulate or act in concert agement’ and ‘TDM’ mean the use of strategies
section (c)(5). with natural processes; or to inform and encourage travelers to maximize
(3) AVAILABILITY.—Funds distributed to each ‘‘(iii) involves the use of plants, soils, and the efficiency of a transportation system leading
State under paragraph (1) shall be available for other natural features, including through the to improved mobility, reduced congestion, and
any purpose described in section 133(b) of title creation, restoration, or preservation of vege- lower vehicle emissions.
23, United States Code. tated areas using materials appropriate to the ‘‘(46) TRANSPORTATION DEMAND MANAGEMENT
SEC. 1103. DEFINITIONS AND DECLARATION OF region to manage stormwater and runoff, to at- STRATEGIES.—The term ‘transportation demand
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POLICY. tenuate flooding and storm surges, and for other management strategies’ means the use of plan-
Section 101 of title 23, United States Code, is related purposes. ning, programs, policy, marketing, communica-
amended— ‘‘(B) INCLUSION.—The term ‘natural infra- tions, incentives, pricing, and technology to
(1) in subsection (a)— structure’ includes green infrastructure and na- shift travel mode, routes used, departure times,
(A) by redesignating paragraphs (1), (2), (3), ture-based solutions.’’; number of trips, and location and design work
(4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (I) by inserting after paragraph (26), as so re- space or public attractions.’’; and
(15), (16), (17), (18), (19), (20), (21), (22), (23), designated, the following: (2) in subsection (b)—
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H2706 CONGRESSIONAL RECORD — HOUSE June 30, 2020
(A) in paragraph (1) by striking ‘‘Defense,’’ ‘‘(6) METROPOLITAN PLANNING.— (3) in subsection (d)(1)(A)—
and inserting ‘‘Defense Highways,’’; ‘‘(A) IN GENERAL.—For metropolitan planning, (A) in clause (i) by striking ‘‘paragraphs
(B) in paragraph (3)— an amount determined for the State under sub- (5)(D) and (6) of subsection (b)’’ and inserting
(i) in subparagraph (A) by striking ‘‘Century’’ paragraphs (B) and (C). ‘‘subsection (b)(6)’’; and
and inserting ‘‘century’’; ‘‘(B) TOTAL AMOUNT.—The total amount for (B) in clause (ii) by striking ‘‘paragraphs
(ii) in subparagraph (G) by striking ‘‘; and’’ metropolitan planning for all States shall be— (5)(D) and (6) of subsection (b)’’ and inserting
and inserting a semicolon; ‘‘(i) $507,500,000 for fiscal year 2022; ‘‘subsection (b)(6)’’; and
(iii) in subparagraph (H) by striking ‘‘Cen- ‘‘(ii) $516,381,250 for fiscal year 2023; (4) by striking subsections (h) and (i) and in-
tury.’’ and inserting ‘‘century;’’; and ‘‘(iii) $526,708,875 for fiscal year 2024; and serting the following:
(iv) by adding at the end the following: ‘‘(iv) $536,189,635 for fiscal year 2025. ‘‘(h) DEFINITION OF COVERED PROGRAMS.—In
‘‘(I) safety is the highest priority of the De- ‘‘(C) STATE SHARE.—For each fiscal year, the this section, the term ‘covered programs’
partment of Transportation, and the Secretary Secretary shall distribute among the States the means—
and States should take all actions necessary to amount for metropolitan planning under sub- ‘‘(1) the national highway performance pro-
meet the transportation needs of the 21st cen- paragraph (B) so that each State receives an gram under section 119;
tury for all road users; amount equal to the proportion that— ‘‘(2) the surface transportation program under
‘‘(J) climate change presents a significant risk ‘‘(i) the amount apportioned to the State for section 133;
to safety, the economy, and national security, metropolitan planning for fiscal year 2020; bears ‘‘(3) the highway safety improvement program
and reducing the contributions of the transpor- to under section 148;
tation system to the Nation’s total carbon pollu- ‘‘(ii) the total amount of funds apportioned to ‘‘(4) the congestion mitigation and air quality
tion is critical; and all States for metropolitan planning for fiscal improvement program under section 149;
‘‘(K) the Secretary and States should take ap- year 2020. ‘‘(5) the national highway freight program
propriate measures and ensure investments to ‘‘(7) RAILWAY CROSSINGS.— under section 167;
increase the resilience of the Nation’s transpor- ‘‘(A) IN GENERAL.—For the railway crossings ‘‘(6) metropolitan planning under section 134;
tation system.’’; and program, an amount determined for the State ‘‘(7) the railway crossings program under sec-
(C) in paragraph (4)(A) by inserting ‘‘while under subparagraphs (B) and (C). tion 130;
ensuring that environmental protections are ‘‘(B) TOTAL AMOUNT.—The total amount for ‘‘(8) the predisaster mitigation program under
maintained’’ after ‘‘review process’’. the railway crossings program for all States section 124; and
shall be $245,000,000 for each of fiscal years 2022 ‘‘(9) the carbon pollution reduction program
SEC. 1104. APPORTIONMENT.
through 2025. under section 171.’’.
(a) IN GENERAL.—Section 104 of title 23, ‘‘(C) STATE SHARE.— (b) FEDERAL SHARE PAYABLE.—Section
United States Code, is amended— ‘‘(i) IN GENERAL.—For each fiscal year, the 120(c)(3) of title 23, United States Code, is
(1) in subsection (a)(1) by striking subpara- Secretary shall distribute among the States the amended—
graphs (A) through (E) and inserting the fol- amount for the railway crossings program under (1) in subparagraph (A) by striking ‘‘(5)(D),’’;
lowing: subparagraph (B) as follows: and
‘‘(A) $ 506,302,525 for fiscal year 2022; ‘‘(I) 50 percent of the amount for a fiscal year (2) in subparagraph (C)(i) by striking
‘‘(B) $ 509,708,000 for fiscal year 2023; shall be apportioned to States by the formula set ‘‘(5)(D),’’.
‘‘(C) $ 520,084,000 for fiscal year 2024; and forth in section 104(b)(3)(A) (as in effect on the (c) METROPOLITAN TRANSPORTATION PLAN-
‘‘(D) $ 530,459,000 for fiscal year 2025.’’; day before the date of enactment of MAP–21). NING; TITLE 23.—Section 134(p) of title 23,
(2) by striking subsections (b) and (c) and in- ‘‘(II) 50 percent of the amount for a fiscal United States Code, is amended by striking
serting the following: year shall be apportioned to States in the ratio ‘‘paragraphs (5)(D) and (6) of section 104(b)’’
‘‘(b) DIVISION AMONG PROGRAMS OF STATE’S that total public railway-highway crossings in and inserting ‘‘section 104(b)(6)’’.
SHARE OF APPORTIONMENT.—The Secretary shall each State bears to the total of such crossings in (d) STATEWIDE AND NONMETROPOLITAN TRANS-
distribute the amount apportioned to a State for all States. PORTATION PLANNING.—Section 135(i) of title 23,
a fiscal year under subsection (c) among the ‘‘(ii) MINIMUM APPORTIONMENT.—Notwith- United States Code, is amended by striking
covered programs as follows: standing clause (i), for each fiscal year, each ‘‘paragraphs (5)(D) and (6) of section 104(b)’’
‘‘(1) NATIONAL HIGHWAY PERFORMANCE PRO- State shall receive a minimum of one-half of 1 and inserting ‘‘section 104(b)(6)’’.
GRAM.—For the national highway performance percent of the total amount for the railway (e) METROPOLITAN TRANSPORTATION PLAN-
program, 55.09 percent of the amount remaining crossings program for such fiscal year under NING; TITLE 49.—Section 5303(p) of title 49,
after distributing amounts under paragraphs subparagraph (B). United States Code, is amended by striking ‘‘sec-
(4), (6), and (7). ‘‘(8) PREDISASTER MITIGATION PROGRAM.—For tion 104(b)(5)’’ and inserting ‘‘section 104(b)(6)’’.
‘‘(2) SURFACE TRANSPORTATION PROGRAM.— the predisaster mitigation program, 2.96 percent SEC. 1105. ADDITIONAL DEPOSITS INTO HIGHWAY
For the surface transportation program, 28.43 of the amount remaining after distributing TRUST FUND.
percent of the amount remaining after distrib- amounts under paragraphs (4), (6), and (7). Section 105 of title 23, United States Code, is
uting amounts under paragraphs (4), (6), and ‘‘(9) CARBON POLLUTION REDUCTION PRO- amended—
(7). GRAM.—For the carbon pollution reduction pro- (1) in subsection (a) by striking ‘‘FAST Act’’
‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO- gram, 3.95 percent of the amount remaining and inserting ‘‘INVEST in America Act’’;
GRAM.—For the highway safety improvement after distributing amounts under paragraphs (2) in subsection (c)—
program, 6.19 percent of the amount remaining (4), (6), and (7). (A) in paragraph (1)(A) by striking ‘‘to be ap-
after distributing amounts under paragraphs ‘‘(c) CALCULATION OF AMOUNTS.— propriated’’ each place it appears; and
(4), (6), and (7). ‘‘(1) STATE SHARE.—For each of fiscal years (B) by adding at the end the following:
‘‘(4) CONGESTION MITIGATION AND AIR QUALITY 2022 through 2025, the amount for each State ‘‘(4) SPECIAL RULE.—
IMPROVEMENT PROGRAM.— shall be determined as follows: ‘‘(A) ADJUSTMENT.—In making an adjustment
‘‘(A) IN GENERAL.—For the congestion mitiga- ‘‘(A) INITIAL AMOUNTS.—The initial amounts under paragraph (1) for an allocation, reserva-
tion and air quality improvement program, an for each State shall be determined by multi- tion, or set-aside from an amount authorized
amount determined for the State under subpara- plying— from the Highway Account or Mass Transit Ac-
graphs (B) and (C). ‘‘(i) the combined amount authorized for ap- count described in subparagraph (B), the Sec-
‘‘(B) TOTAL AMOUNT.—The total amount for propriation for the fiscal year for the covered retary shall—
the congestion mitigation and air quality im- programs; by ‘‘(i) determine the ratio that—
provement program for all States shall be— ‘‘(ii) the share for each State, which shall be ‘‘(I) the amount authorized to be appropriated
‘‘(i) $2,913,925,833 for fiscal year 2022; equal to the proportion that— for the allocation, reservation, or set-aside from
‘‘(ii) $2,964,919,535 for fiscal year 2023; ‘‘(I) the amount of apportionments that the the account for the fiscal year; bears to
‘‘(iii) $3,024,217,926 for fiscal year 2024; and State received for fiscal year 2020; bears to ‘‘(II) the total amount authorized to be appro-
‘‘(iv) $3,078,653,849 for fiscal year 2025. ‘‘(II) the amount of those apportionments re- priated for such fiscal year for all programs
‘‘(C) STATE SHARE.—For each fiscal year, the ceived by all States for fiscal year 2020. under such account;
Secretary shall distribute among the States the ‘‘(B) ADJUSTMENTS TO AMOUNTS.—The initial ‘‘(ii) multiply the ratio determined under
amount for the congestion mitigation and air amounts resulting from the calculation under clause (i) by the amount of the adjustment de-
quality improvement program under subpara- subparagraph (A) shall be adjusted to ensure termined under subsection (b)(1)(B); and
graph (B) so that each State receives an amount that each State receives an aggregate apportion- ‘‘(iii) adjust the amount that the Secretary
equal to the proportion that— ment equal to at least 95 percent of the esti- would have allocated for the allocation, reserva-
‘‘(i) the amount apportioned to the State for mated tax payments attributable to highway tion, or set-aside for such fiscal year but for this
the congestion mitigation and air quality im- users in the State paid into the Highway Trust section by the amount calculated under clause
provement program for fiscal year 2020; bears to Fund (other than the Mass Transit Account) in (ii).
dlhill on DSK120RN23PROD with HOUSE
‘‘(ii) the total amount of funds apportioned to the most recent fiscal year for which data are ‘‘(B) ALLOCATIONS, RESERVATIONS, AND SET-
all States for such program for fiscal year 2020. available. ASIDES.—The allocations, reservations, and set-
‘‘(5) NATIONAL HIGHWAY FREIGHT PROGRAM.— ‘‘(2) STATE APPORTIONMENT.—On October 1 of asides described in this subparagraph are—
For the national highway freight program, 3.38 fiscal years 2022 through 2025, the Secretary ‘‘(i) from the amount made available for a fis-
percent of the amount remaining after distrib- shall apportion the sums authorized to be ap- cal year for the Federal lands transportation
uting amounts under paragraphs (4), (6), and propriated for expenditure on the covered pro- program under section 203, the amounts allo-
(7). grams in accordance with paragraph (1).’’; cated for a fiscal year for the National Park
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2707
Service, the United States Fish and Wildlife ‘‘(I) less than 5,000 individuals; ensure that projects administered by subrecipi-
Service, and the United States Forest Service; ‘‘(II) 5,000 or more individuals but less than ents comply with the requirements of this title.
‘‘(ii) the amount made available for the Puer- 50,000 individuals; ‘‘(C) PERIODIC REVIEW.—The Secretary shall
to Rico highway program under section ‘‘(III) 50,000 or more individuals but less than review, not less frequently than every 2 years,
165(a)(1); 200,000 individuals; or the monitoring of subrecipients by the States.’’;
‘‘(iii) the amount made available for the terri- ‘‘(IV) 200,000 or more individuals; and
torial highway program under section 165(a)(2); ‘‘(vi) whether such project is located in an (B) by adding at the end the following:
‘‘(iv) from the amounts made available for a area of persistent poverty, as defined in section ‘‘(6) FEDERAL FUNDING EXCHANGE PRO-
fiscal year for the urbanized areas formula 172(l); GRAMS.—A State may implement a program
grants under section 5307 of title 49, the ‘‘(vii) the type of improvement being made by under which a subrecipient has the option to ex-
amounts allocated for a fiscal year for the pas- such project, including categorizing such project change Federal funds allocated to such sub-
senger ferry grant program under section as— recipient in accordance with the requirements of
5307(h) of such title; ‘‘(I) a road reconstruction project; this title for State or local funds if the State cer-
‘‘(v) from the amounts made available for a ‘‘(II) a new road construction project; tifies to the Secretary that the State has pre-
‘‘(III) a new bridge construction project; vailing wage and domestic content requirements
fiscal year for the formula grants for rural areas
‘‘(IV) a bridge rehabilitation project; or that are comparable to the requirements under
under section 5311 of such title, the amounts al-
‘‘(V) a bridge replacement project; and sections 113 and 313 and that such requirements
located for a fiscal year for public transpor- ‘‘(viii) the functional classification of the
tation on Indian reservations; shall apply to projects carried out using such
roadway on which such project is located.
‘‘(vi) from the amounts made available for a funds if such projects would have been subject
‘‘(B) INTERACTIVE MAP.—In addition to the
fiscal year for the public transportation innova- to the requirements of sections 113 and 313 if
data made available under subparagraph (A),
tion program under section 5312 of such title— such projects were carried out using Federal
the Secretary shall make available on the
‘‘(I) the amounts allocated for the zero emis- funds.’’;
website of the Department of Transportation an
sion vehicle component assessment under section (2) in subsection (h)(3)—
interactive map that displays, for each active
5312(h) of such title; and (A) in subparagraph (B) by striking ‘‘, as de-
project, the information described in clauses (i)
‘‘(II) the amounts allocated for the transit co- termined by the Secretary,’’; and
through (v) of subparagraph (A). (B) in subparagraph (D) by striking ‘‘shall as-
operative research program under section 5312(i) ‘‘(3) STATE DATA.—
of such title; sess’’ and inserting ‘‘in the case of a project pro-
‘‘(A) APPORTIONED AND ALLOCATED PRO-
‘‘(vii) from the amounts made available for a posed to be advanced as a public-private part-
GRAMS.—The website described in paragraph
fiscal year for the technical assistance and nership, shall include a detailed value for
(2)(A) shall be updated annually to display the
workforce development program of section 5314 money analysis or comparable analysis to deter-
Federal-aid highway funds apportioned and al-
of such title, the amounts allocated for the na- mine’’; and
located to each State under this title, includ-
tional transit institute under section 5314(c) of (3) by adding at the end the following:
ing—
such title; ‘‘(k) MEGAPROJECTS.—
‘‘(i) the amount of funding available for obli-
‘‘(viii) from the amounts made available for a ‘‘(1) COMPREHENSIVE RISK MANAGEMENT
gation by the State, including prior unobligated
fiscal year for the bus and bus facilities program PLAN.—To be authorized for the construction of
balances, at the start of the fiscal year;
under section 5339 of such title, the amounts al- a megaproject, the recipient of Federal financial
‘‘(ii) the amount of funding obligated by the
located for a fiscal year for the zero emission assistance under this title for such megaproject
State during such fiscal year;
grants under section 5339(c) of such title; shall submit to the Secretary a comprehensive
‘‘(iii) the amount of funding remaining avail-
‘‘(ix) the amounts made available for growing risk management plan that contains—
able for obligation by the State at the end of
States under section 5340(c) of such title; and ‘‘(A) a description of the process by which the
such fiscal year; and
‘‘(x) the amounts made available for high den- ‘‘(iv) changes in the obligated, unexpended recipient will identify, quantify, and monitor
sity states under section 5340(d) of such title.’’; balance for the State. the risks, including natural hazards, that might
(3) in subsection (d) by inserting ‘‘and section ‘‘(B) PROGRAMMATIC DATA.—The data de- result in cost overruns, project delays, reduced
5324 of title 49’’ after ‘‘section 125’’; scribed in subparagraph (A) shall include— construction quality, or reductions in benefits
(4) in subsection (e)— ‘‘(i) the amount of funding by each appor- with respect to the megaproject;
(A) by striking ‘‘There is authorized’’ and in- tioned and allocated program for which the ‘‘(B) examples of mechanisms the recipient
serting ‘‘For fiscal year 2022 and each fiscal State received funding under this title; will use to track risks identified pursuant to
year thereafter, there is authorized’’; and ‘‘(ii) the amount of funding transferred be- subparagraph (A);
tween programs by the State during the fiscal ‘‘(C) a plan to control such risks; and
(B) by striking ‘‘for any of fiscal years 2017
year using the authority provided under section ‘‘(D) such assurances as the Secretary deter-
through 2020’’; and
126; and mines appropriate that the recipient shall, with
(5) in subsection (f)(1) by striking ‘‘section
‘‘(iii) the amount and program category of respect to the megaproject—
1102 or 3018 of the FAST Act’’ and inserting
Federal funds exchanged as described in section ‘‘(i) regularly submit to the Secretary updated
‘‘any other provision of law’’.
106(g)(6). cost estimates; and
SEC. 1106. TRANSPARENCY. ‘‘(ii) maintain and regularly reassess financial
‘‘(4) DEFINITIONS.—In this subsection:
(a) APPORTIONMENT.—Section 104 of title 23, reserves for addressing known and unknown
‘‘(A) ACTIVE PROJECT.—
United States Code, is amended by striking sub- risks.
‘‘(i) IN GENERAL.—The term ‘active project’
section (g) and inserting the following: ‘‘(2) PEER REVIEW GROUP.—
means a Federal-aid highway project using
‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY ‘‘(A) IN GENERAL.—Not later than 90 days
funds made available under this title on which
AND ACCOUNTABILITY REPORTS.— after the date on which a megaproject is author-
those funds were obligated or expended during
‘‘(1) REQUIREMENT.— ized for construction, the recipient of Federal fi-
the fiscal year for which the estimated total cost
‘‘(A) IN GENERAL.—The Secretary shall com- nancial assistance under this title for such
as of the start of construction is greater than
pile data in accordance with this subsection on megaproject shall establish a peer review group
$5,000,000.
the use of Federal-aid highway funds made ‘‘(ii) EXCLUSION.—The term ‘active project’ for such megaproject that consists of at least 5
available under this title. does not include any project for which funds individuals (including at least 1 individual with
‘‘(B) USER FRIENDLY DATA.—The data com- are transferred to agencies other than the Fed- project management experience) to give expert
piled under subparagraph (A) shall be in a user eral Highway Administration. advice on the scientific, technical, and project
friendly format that can be searched, ‘‘(B) INTERACTIVE MAP.—The term ‘interactive management aspects of the megaproject.
downloaded, disaggregated, and filtered by data map’ means a map displayed on the public ‘‘(B) MEMBERSHIP.—
category. website of the Department of Transportation ‘‘(i) IN GENERAL.—Not later than 180 days
‘‘(2) PROJECT DATA.— that allows a user to select and view informa- after the date of enactment of this subsection,
‘‘(A) IN GENERAL.—Not later than 120 days tion for each active project, State, and congres- the Secretary shall establish guidelines describ-
after the end of each fiscal year, the Secretary sional district. ing how a recipient described in subparagraph
shall make available on the website of the De- ‘‘(C) STATE.—The term ‘State’ means any of (A) shall—
partment of Transportation a report that de- the 50 States or the District of Columbia.’’. ‘‘(I) recruit and select members for a peer re-
scribes— (b) PROJECT APPROVAL AND OVERSIGHT.—Sec- view group established under such subpara-
‘‘(i) the location of each active project within tion 106 of title 23, United States Code, is graph; and
each State during such fiscal year, including in amended— ‘‘(II) make publicly available the criteria for
which congressional district or districts such (1) in subsection (g)— such selection and identify the members so se-
project is located; (A) in paragraph (4) by striking subparagraph lected.
‘‘(ii) the total cost of such project; (B) and inserting the following: ‘‘(ii) CONFLICT OF INTEREST.—No member of a
dlhill on DSK120RN23PROD with HOUSE
‘‘(iii) the amount of Federal funding obligated ‘‘(B) ASSISTANCE TO STATES.—The Secretary peer review group for a megaproject may have a
for such project; shall— direct or indirect financial interest in such
‘‘(iv) the program or programs from which ‘‘(i) develop criteria for States to use to make megaproject.
Federal funds have been obligated for such the determination required under subparagraph ‘‘(C) TASKS.—A peer review group established
project; (A); and under subparagraph (A) by a recipient of Fed-
‘‘(v) whether such project is located in an ‘‘(ii) provide training, guidance, and other as- eral financial assistance for a megaproject
area of the State with a population of— sistance to States and subrecipients as needed to shall—
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H2708 CONGRESSIONAL RECORD — HOUSE June 30, 2020
‘‘(i) meet annually until completion of the ‘‘(D) a detailed explanation of the basis for ‘‘(A) be designed, constructed, operated, and
megaproject; each award proposed to be selected. maintained in accordance with State laws, regu-
‘‘(ii) not later than 90 days after the date of ‘‘(4) NOTIFICATION OF APPLICANTS.—Not later lations, directives, safety standards, design
the establishment of the peer review group and than 30 days after making a grant for a project standards, and construction standards; and
not later than 90 days after the date of any sig- under a covered program, the Secretary shall ‘‘(B) take into consideration context sensitive
nificant change, as determined by the Secretary, send to all applicants under such covered pro- design principles.
to the scope, schedule, or budget of the gram, and publish on the website of the Depart- ‘‘(2) DESIGN FLEXIBILITY.—
megaproject, review the scope, schedule, and ment of Transportation— ‘‘(A) IN GENERAL.—A local jurisdiction may
budget of the megaproject, including planning, ‘‘(A) a summary of each application made to deviate from the roadway design publication
engineering, financing, and any other elements the covered program for the given round of used by the State in which the local jurisdiction
determined appropriate by the Secretary; and funding; and is located for the design of a project on a road-
‘‘(iii) submit to the Secretary, Congress, and ‘‘(B) the evaluation and justification for the way (other than a highway on the National
such recipient a report on the findings of each project selection, including all ratings, Highway System) if—
rankings, scores, or similar metrics for applica- ‘‘(i) notification and justification of the devi-
review under clause (ii).
‘‘(3) TRANSPARENCY.—Not later than 90 days tions made to the covered program for the given ation is provided to the Secretary and the State;
after the submission of a report under para- round of funding during each phase of the and
‘‘(ii) the design complies with all other appli-
graph (2)(C)(iii), the Secretary shall publish on grant selection process.
cable Federal laws.
the website of the Department of Transportation ‘‘(5) BRIEFING.—The Secretary shall provide, ‘‘(B) STATE-OWNED ROADS.—In the case of a
such report. at the request of a grant applicant of a covered roadway under the ownership of the State, the
‘‘(4) MEGAPROJECT DEFINED.—In this sub- program, the opportunity to receive a briefing to local jurisdiction may only deviate from the
section, the term ‘megaproject’ means a project explain any reasons the grant applicant was not roadway design publication used by the State
under this title that has an estimated total cost awarded a grant. with the concurrence of the State.
of $2,000,000,000 or more, and such other projects ‘‘(6) TEMPLATE.—The Secretary shall, to the ‘‘(C) PROGRAMMATIC BASIS.—The Secretary
as may be identified by the Secretary. extent practicable, develop a template as de- may consider a deviation under this paragraph
‘‘(l) SPECIAL EXPERIMENTAL PROJECTS.— scribed in paragraph (2)(A) for any discre- on a programmatic basis.’’; and
‘‘(1) PUBLIC AVAILABILITY.—The Secretary tionary program administered by the Secretary (5) by adding at the end the following:
shall publish on the website of the Department that is not a covered program. ‘‘(s) CONTEXT SENSITIVE DESIGN.—
of Transportation a copy of all letters of inter- ‘‘(7) COVERED PROGRAM DEFINED.—The term ‘‘(1) CONTEXT SENSITIVE DESIGN PRINCIPLES.—
est, proposals, workplans, and reports related to ‘covered program’ means each of the following The Secretary shall collaborate with the Amer-
the special experimental project authority pur- discretionary grant programs: ican Association of State Highway Transpor-
suant to section 502(b). The Secretary shall re- ‘‘(A) Community climate innovation grants tation Officials to ensure that any roadway de-
dact confidential business information, as nec- under section 172. sign publications approved by the Secretary
essary, from any such information published. ‘‘(B) Electric vehicle charging and hydrogen under this section provide adequate flexibility
‘‘(2) NOTIFICATION AND OPPORTUNITY FOR fueling infrastructure grants under section for a project sponsor to select the appropriate
COMMENT.—Not later than 30 days before mak- 151(f). design of a roadway, consistent with context
ing a determination to proceed with an experi- ‘‘(C) Federal lands and tribal major projects sensitive design principles.
ment under a letter of interest described in para- grants under section 208. ‘‘(2) POLICIES OR PROCEDURES.—
graph (1), the Secretary shall provide notifica- ‘‘(D) Safe, efficient mobility through ad- ‘‘(A) IN GENERAL.—Not later than 1 year after
tion and an opportunity for public comment on vanced technologies grants under section the Secretary publishes the final guidance de-
the letter of interest and the Secretary’s pro- 503(c)(4).’’. scribed in paragraph (3), each State shall adopt
posed response. (c) DIVISION OFFICE CONSISTENCY.—Not later policies or procedures to evaluate the context of
‘‘(3) REPORT TO CONGRESS.—Not later than 2 than 1 year after the date of enactment of this a proposed roadway and select the appropriate
years after the date of enactment of the INVEST Act, the Comptroller General of the United design, consistent with context sensitive design
in America Act, the Secretary shall submit to the States shall submit to Congress a report that— principles.
Committee on Transportation and Infrastruc- (1) analyzes the consistency of determinations ‘‘(B) LOCAL GOVERNMENTS.—The Secretary
ture of the House of Representatives and the among division offices of the Federal Highway and States shall encourage local governments to
Committee on Environment and Public Works of Administration; and adopt policies or procedures described under
the Senate a report that includes— (2) makes recommendations to improve the subparagraph (A).
‘‘(A) a summary of each experiment described consistency of such determinations. ‘‘(C) CONSIDERATIONS.—The policies or proce-
in this subsection carried out over the previous SEC. 1107. COMPLETE AND CONTEXT SENSITIVE dures developed under this paragraph shall take
5 years; and STREET DESIGN. into consideration the guidance developed by
‘‘(B) legislative recommendations, if any, (a) STANDARDS.—Section 109 of title 23, United the Secretary under paragraph (3).
based on the findings of such experiments. States Code, is amended— ‘‘(3) GUIDANCE.—
(1) in subsection (a)— ‘‘(A) IN GENERAL.—
‘‘(m) COMPETITIVE GRANT PROGRAM OVER-
‘‘(i) NOTICE.—Not later than 1 year after the
SIGHT AND ACCOUNTABILITY.— (A) in paragraph (1) by striking ‘‘planned fu-
date of enactment of this subsection, the Sec-
‘‘(1) IN GENERAL.—To ensure the account- ture traffic of the highway in a manner that is
retary shall publish guidance on the official
ability and oversight of the discretionary grant conducive to’’ and inserting ‘‘future operational
website of the Department of Transportation on
selection process administered by the Secretary, performance of the facility in a manner that en-
context sensitive design.
a covered program shall be subject to the re- hances’’; and ‘‘(ii) PUBLIC REVIEW AND COMMENT.—The
quirements of this section, in addition to the re- (B) in paragraph (2) by inserting ‘‘, taking guidance described in this paragraph shall be fi-
quirements applicable to each covered program. into consideration context sensitive design prin- nalized following an opportunity for public re-
‘‘(2) APPLICATION PROCESS.—The Secretary ciples’’ after ‘‘each locality’’; view and comment.
shall— (2) in subsection (b)— ‘‘(iii) UPDATE.—The Secretary shall periodi-
‘‘(A) develop a template for applicants to use (A) by striking ‘‘The geometric’’ and inserting cally update the guidance described in this
to summarize— ‘‘DESIGN CRITERIA FOR THE INTERSTATE SYS- paragraph, including the model policies or pro-
‘‘(i) project needs and benefits; and TEM.—The geometric’’; and
cedures described under subparagraph (B)(v).
‘‘(ii) any factors, requirements, or consider- (B) by striking ‘‘the types and volumes of traf- ‘‘(B) REQUIREMENTS.—The guidance described
ations established for the applicable covered fic anticipated for such project for the twenty- in this paragraph shall—
program; year period commencing on the date of approval ‘‘(i) provide best practices for States, metro-
‘‘(B) create a data driven process to evaluate, by the Secretary, under section 106 of this title, politan planning organizations, regional trans-
as set forth in the covered program, each eligible of the plans, specifications, and estimates for portation planning organizations, local govern-
project for which an application is received; and actual construction of such project’’ and insert- ments, or other project sponsors to carry out
‘‘(C) make a determination, based on the eval- ing ‘‘the existing and future operational per- context sensitive design principles;
uation made pursuant to subparagraph (B), on formance of the facility’’; ‘‘(ii) identify opportunities to modify plan-
any ratings, rankings, scores, or similar metrics (3) in subsection (c)(1)— ning, scoping, design, and development proce-
for applications made to the covered program. (A) in subparagraph (C) by striking ‘‘; and’’ dures to more effectively combine modes of
‘‘(3) NOTIFICATION OF CONGRESS.—Not less and inserting a semicolon; transportation into integrated facilities that
than 15 days before making a grant for a cov- (B) in subparagraph (D) by striking the period meet the needs of each of such modes of trans-
ered program, the Secretary shall notify, in and inserting ‘‘; and’’; and portation in an appropriate balance;
writing, the Committee on Transportation and (C) by adding at the end the following: ‘‘(iii) identify metrics to assess the context of
Infrastructure of the House of Representatives ‘‘(E) context sensitive design principles.’’; the facility, including surrounding land use or
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and the Committee on the Environment and (4) by striking subsection (o) and inserting the roadside characteristics;
Public Works of the Senate of— following: ‘‘(iv) assess the expected operational and safe-
‘‘(A) the amount for each project proposed to ‘‘(o) COMPLIANCE WITH STATE LAWS FOR NON- ty performance of alternative approaches to fa-
be selected; NHS PROJECTS.— cility design; and
‘‘(B) a description of the review process; ‘‘(1) IN GENERAL.—Projects (other than high- ‘‘(v) taking into consideration the findings of
‘‘(C) for each application, the determination way projects on the National Highway System) this guidance, establish model policies or proce-
made under paragraph (2)(C); and shall— dures for a State or other project sponsor to
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2709
evaluate the context of a proposed facility and SEC. 1110. TOLLING. ‘‘(C) AGREEMENT CONDITIONS.—Prior to enter-
select the appropriate facility design for the (a) TOLL ROADS, BRIDGES, TUNNELS, AND FER- ing into an agreement to toll under subpara-
context. RIES.—Section 129 of title 23, United States graph (B), the public authority shall certify to
‘‘(C) TOPICS OF EMPHASIS.—In publishing the Code, is amended— the Secretary that—
guidance described in this paragraph, the Sec- (1) in subsection (a)— ‘‘(i) the public authority has established pro-
retary shall emphasize— (A) by striking paragraph (1) and inserting cedures to ensure the toll meets the purposes
‘‘(i) procedures for identifying the needs of the following: and requirements of this subsection;
users of all ages and abilities of a particular ‘‘(1) IN GENERAL.— ‘‘(ii) the facility shall provide for access at no
roadway; ‘‘(A) AUTHORIZATION.—Subject to the provi- cost to public transportation vehicles and over-
‘‘(ii) procedures for identifying the types and sions of this section, Federal participation shall the-road buses serving the public; and
designs of facilities needed to serve various be permitted on the same basis and in the same ‘‘(iii) the facility shall provide for the regional
modes of transportation; manner as construction of toll-free highways is interoperability of electronic toll collection, in-
‘‘(iii) safety and other benefits provided by permitted under this chapter in the— cluding through technologies or business prac-
carrying out context sensitive design principles; ‘‘(i) initial construction of a toll highway, tices.
‘‘(iv) common barriers to carrying out context bridge, or tunnel or approach to the highway, ‘‘(D) CONSIDERATION OF IMPACTS.—
sensitive design principles; bridge, or tunnel; ‘‘(i) IN GENERAL.—Prior to entering into an
‘‘(v) procedures for overcoming the most com- ‘‘(ii) initial construction of 1 or more lanes or agreement to toll under subparagraph (B), the
mon barriers to carrying out context sensitive other improvements that increase capacity of a Secretary shall ensure the public authority has
design principles; highway, bridge, or tunnel (other than a high- adequately considered, including by providing
‘‘(vi) procedures for identifying the costs asso- way on the Interstate System) and conversion of an opportunity for public comment, the fol-
ciated with carrying out context sensitive design that highway, bridge, or tunnel to a tolled facil- lowing factors within the corridor:
principles; ity, if the number of toll-free lanes, excluding ‘‘(I) Congestion impacts on both the toll facil-
‘‘(vii) procedures for maximizing local co- auxiliary lanes, after the construction is not less ity and in the corridor or cordon (including ad-
operation in the introduction of context sen- than the number of toll-free lanes, excluding jacent toll-free facilities).
sitive design principles and carrying out those auxiliary lanes, before the construction; ‘‘(II) In the case of a non-attainment or main-
principles; and ‘‘(iii) initial construction of 1 or more lanes or tenance area, air quality impacts.
‘‘(viii) procedures for assessing and modifying other improvements that increase the capacity ‘‘(III) Planned investments to improve public
the facilities and operational characteristics of of a highway, bridge, or tunnel on the Inter- transportation or other non-tolled alternatives
existing roadways to improve consistency with state System and conversion of that highway, in the corridor.
context sensitive design principles. bridge, or tunnel to a tolled facility, if the num- ‘‘(IV) Environmental justice and equity im-
‘‘(4) FUNDING.—Amounts made available ber of toll-free non-HOV lanes, excluding auxil- pacts.
under sections 104(b)(6) and 505 of this title may ‘‘(V) Impacts on freight movement.
iary lanes, after such construction is not less
‘‘(VI) Economic impacts on businesses.
be used for States, local governments, metropoli- than the number of toll-free non-HOV lanes, ex- ‘‘(ii) CONSIDERATION IN ENVIRONMENTAL RE-
tan planning organizations, or regional trans- cluding auxiliary lanes, before such construc- VIEW.—Nothing in this subparagraph shall limit
portation planning organizations to adopt poli- tion; a public authority from meeting the require-
cies or procedures to evaluate the context of a ‘‘(iv) reconstruction, resurfacing, restoration, ments of this subparagraph through the envi-
proposed roadway and select the appropriate rehabilitation, or replacement of a toll highway, ronmental review process, as applicable.
design, consistent with context sensitive design bridge, or tunnel or approach to the highway, ‘‘(E) CONGESTION PRICING.—
principles.’’. bridge, or tunnel; ‘‘(i) IN GENERAL.—The Secretary may author-
(b) CONFORMING AMENDMENT.—Section 1404(b) ‘‘(v) reconstruction or replacement of a toll- ize conversion of a non-tolled lane on the Na-
of the FAST Act (23 U.S.C. 109 note) is repealed. free bridge or tunnel and conversion of the tional Highway System to a toll facility to uti-
SEC. 1108. INNOVATIVE PROJECT DELIVERY FED- bridge or tunnel to a toll facility; lize pricing to manage the demand to use the fa-
ERAL SHARE. ‘‘(vi) reconstruction of a toll-free Federal-aid cility by varying the toll amount that is
(a) IN GENERAL.—Section 120(c)(3)(B) of title highway (other than a highway on the Inter- charged.
23, United States Code, is amended— state System) and conversion of the highway to ‘‘(ii) REQUIREMENT.—Prior to entering into an
(1) by striking clauses (i) and (ii) and insert- a toll facility; agreement to convert a non-tolled lane on the
ing the following: ‘‘(vii) reconstruction, restoration, or rehabili- National Highway System to a toll facility, the
‘‘(i) prefabricated bridge elements and sys- tation of a highway on the Interstate System if Secretary shall ensure (in addition to the re-
tems, innovative materials, and other tech- the number of toll-free non-HOV lanes, exclud- quirements under subparagraphs (B), (C), and
nologies to reduce bridge construction time, ex- ing auxiliary lanes, after reconstruction, res- (D)) that such toll facility and the planned in-
tend service life, and reduce preservation costs, toration, or rehabilitation is not less than the vestments to improve public transportation or
as compared to conventionally designed and number of toll-free non-HOV lanes, excluding other non-tolled alternatives in the corridor are
constructed bridges; auxiliary lanes, before reconstruction, restora- reasonably expected to improve the operation of
‘‘(ii) innovative construction equipment, mate- tion, or rehabilitation; the cordon or corridor, as described in clauses
rials, techniques, or practices, including the use ‘‘(viii) conversion of a high occupancy vehicle (iii) and (iv).
of in-place recycling technology, digital 3-di- lane on a highway, bridge, or tunnel to a toll ‘‘(iii) PERFORMANCE MONITORING.—A public
mensional modeling technologies, and advanced facility, subject to the requirements of section authority that enters into an agreement to con-
digital construction management systems;’’; 166; and vert a non-tolled lane to a toll facility under
(2) by redesignating clause (vi) as clause (vii); ‘‘(ix) preliminary studies to determine the fea- this subparagraph shall—
(3) in clause (v) by striking ‘‘or’’ at the end; sibility of a toll facility for which Federal par- ‘‘(I) establish, monitor, and support a per-
and ticipation is authorized under this paragraph. formance monitoring, evaluation, and reporting
(4) by inserting after clause (v) the following: ‘‘(B) AGREEMENT TO TOLL.— program—
‘‘(vi) innovative pavement materials that dem- ‘‘(i) IN GENERAL.—Before the Secretary may ‘‘(aa) for the toll facility that provides for
onstrate reductions in greenhouse gas emissions authorize tolling under this subsection, the pub- continuous monitoring, assessment, and report-
through sequestration or innovative manufac- lic authority with jurisdiction over a highway, ing on the impacts that the pricing structure
turing processes; or’’. bridge, or tunnel shall enter into an agreement may have on the operation of the facility; and
(b) TECHNICAL AMENDMENT.—Section 107(a)(2) with the Secretary to ensure compliance with ‘‘(bb) for the corridor or cordon that provides
of title 23, United States Code, is amended by the requirements of this subsection. for continuous monitoring, assessment, and re-
striking ‘‘subsection (c) of’’. ‘‘(ii) APPLICABILITY.— porting on the impacts of congestion pricing on
SEC. 1109. TRANSFERABILITY OF FEDERAL-AID ‘‘(I) IN GENERAL.—The requirements of this the operation of the corridor or cordon;
HIGHWAY FUNDS. subparagraph shall apply to— ‘‘(II) submit to the Secretary annual reports of
Section 126(b) of title 23, United States Code, ‘‘(aa) Federal participation under subpara- the impacts described in subclause (I); and
is amended— graph (A); ‘‘(III) if the facility or the corridor or cordon
(1) in the heading by inserting ‘‘AND PRO- ‘‘(bb) any prior Federal participation in the becomes degraded, as described in clause (iv),
GRAMS’’ after ‘‘SET-ASIDES’’; facility proposed to be tolled; and submit to the Secretary an annual update that
(2) in paragraph (1) by striking ‘‘and ‘‘(cc) conversion, with or without Federal par- describes the actions proposed to bring the toll
133(d)(1)(A)’’ and inserting ‘‘, 130, 133(d)(1)(A), ticipation, of a non-tolled lane on the National facility into compliance and the progress made
133(h), 149, and 171’’; and Highway System to a toll facility under sub- on such actions.
(3) by striking paragraph (2) and inserting the paragraph (E). ‘‘(iv) DETERMINATION.—
following: ‘‘(II) HOV FACILITY.—Except as otherwise ‘‘(I) DEGRADED OPERATION.—For purposes of
‘‘(2) ENVIRONMENTAL PROGRAMS.—With re- provided in this subsection or section 166, the clause (iii)(III), the operation of a toll facility
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spect to an apportionment under either para- provisions of this paragraph shall not apply to shall be considered to be degraded if vehicles op-
graph (4) or paragraph (9) of section 104(b), and a high occupancy vehicle facility. erating on the facility are failing to maintain a
notwithstanding paragraph (1), a State may ‘‘(iii) MAJOR FEDERAL ACTION.—Approval by minimum average operating speed 90 percent of
only transfer not more than 50 percent from the the Secretary of an agreement to toll under this the time over a consecutive 180-day period dur-
amount of the apportionment of either such paragraph shall be considered a major Federal ing peak hour periods.
paragraph to the apportionment under the other action under the National Environmental Policy ‘‘(II) DEGRADED CORRIDOR OR CORDON.—For
such paragraph in a fiscal year.’’. Act of 1969 (42 U.S.C. 4321 et seq.). the purposes of clause (iii)(III), a corridor or
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H2710 CONGRESSIONAL RECORD — HOUSE June 30, 2020
cordon shall be considered to be degraded if con- surplus revenue and may be used for any other (c) VALUE PRICING PILOT PROGRAM.—Section
gestion pricing or investments to improve public purpose for which Federal funds may be obli- 1012(b) of the Intermodal Surface Transpor-
transportation or other non-tolled alternatives gated by a State under this title or chapter 53 of tation Efficiency Act of 1991 (23 U.S.C. 149 note)
have not resulted in— title 49.’’; is amended by adding at the end the following:
‘‘(aa) an increase in person or freight (ii) by striking subparagraph (B) and insert- ‘‘(9) SUNSET.—The Secretary may not consider
throughput in the corridor or cordon; or ing the following: an expression of interest submitted under this
‘‘(bb) a reduction in person hours of delay in ‘‘(B) TRANSPARENCY.— section after the date of enactment of this para-
the corridor or cordon, as determined by the ‘‘(i) ANNUAL AUDIT.— graph.’’.
Secretary. ‘‘(I) IN GENERAL.—A public authority with ju- (d) SAVINGS CLAUSE.—
‘‘(III) DEFINITION OF MINIMUM AVERAGE OPER- risdiction over a toll facility shall conduct or (1) APPLICATION OF LIMITATIONS.—Any toll fa-
ATING SPEED.—In this subparagraph, the term have an independent auditor conduct an an- cility described in paragraph (2) shall be subject
‘minimum average operating speed’ means— nual audit of toll facility records to verify ade- to the requirements of section 129(a)(3) of title
‘‘(aa) 35 miles per hour, in the case of a toll quate maintenance and compliance with sub- 23, United States Code, as in effect on the day
facility with a speed limit of 45 miles per hour paragraph (A), and report the results of the au- before the date of enactment of this Act.
or greater; and dits to the Secretary. (2) TOLL FACILITIES.—A toll facility described
‘‘(bb) not more than 10 miles per hour below ‘‘(II) RECORDS.—On reasonable notice, the in this paragraph is a facility that, on the day
the speed limit, in the case of a toll facility with public authority shall make all records of the prior to the date of enactment of this Act, was—
a speed limit of less than 50 miles per hour. public authority pertaining to the toll facility (A) operating;
‘‘(v) MAINTENANCE OF OPERATING PERFORM- available for audit by the Secretary. (B) in the planning and design phase; or
ANCE.— ‘‘(ii) USE OF REVENUES.—A State or public au- (C) in the construction phase.
‘‘(I) IN GENERAL.—Not later than 180 days thority that obligates amounts under clauses (e) REPORT.—Not later than 180 days after the
after the date on which a facility or a corridor (v), (vi), or (vii) of subparagraph (A) shall an- date of enactment of this Act, the Secretary of
or cordon becomes degraded under clause (iv), nually report to the Secretary a list of activities Transportation shall submit to Congress a re-
the public authority with jurisdiction over the funded with such amounts and the amount of port on the implementation of the interoper-
facility shall submit to the Secretary for ap- funding provided for each such activity.’’; ability of toll collection as required under sec-
proval a plan that details the actions the public (C) in paragraph (8) by striking ‘‘as of the tion 1512(b) of MAP–21, including an assessment
authority will take to make significant progress date of enactment of the MAP–21, before com- of the progress in, and barriers on, such imple-
toward bringing the facility or corridor or cor- mencing any activity authorized’’ and inserting mentation.
don into compliance with this subparagraph. ‘‘, before commencing any activity authorized’’; SEC. 1111. HOV FACILITIES.
‘‘(II) NOTICE OF APPROVAL OR DISAPPROVAL.— (D) in paragraph (9)— Section 166 of title 23, United States Code, is
Not later than 60 days after the date of receipt (i) by striking ‘‘bus’’ and inserting ‘‘vehicle’’; amended—
of a plan under subclause (I), the Secretary and (1) in subsection (b)—
shall provide to the public authority a written (ii) by striking ‘‘buses’’ and inserting ‘‘vehi- (A) in paragraph (4)(C)(iii) by striking ‘‘trans-
notice indicating whether the Secretary has ap- cles’’; and portation buses’’ and inserting ‘‘transportation
proved or disapproved the plan based on a de- (E) by striking paragraph (10) and inserting vehicles’’; and
termination of whether the implementation of the following: (B) in paragraph (5)(B) by striking ‘‘2019’’
the plan will make significant progress toward ‘‘(10) INTEROPERABILITY OF ELECTRONIC TOLL and inserting ‘‘2025’’;
bringing the facility or corridor or cordon into COLLECTION.—All toll facilities on Federal-aid (2) in subsection (d)(2)(A)(i) by striking ‘‘45
compliance with this subparagraph. highways shall provide for the regional inter- miles per hour, in the case of a HOV facility
‘‘(III) UPDATE.—Until the date on which the operability of electronic toll collection, including with a speed of 50 miles per hour or greater’’
Secretary determines that the public authority through technologies or business practices. and inserting ‘‘35 miles per hour, in the case of
has brought the facility or corridor or cordon ‘‘(11) NONCOMPLIANCE.—If the Secretary con- a HOV facility with a speed limit of 45 miles per
into compliance with this subparagraph, the cludes that a public authority has not complied hour or greater’’;
public authority shall submit annual updates with the requirements of this subsection, the (3) in subsection (d)(2)(B) by striking ‘‘morn-
that describe— Secretary may require the public authority to ing or evening weekday peak hour periods (or
‘‘(aa) the actions taken to bring the facility discontinue collecting tolls until the public au- both)’’ and inserting ‘‘peak hour periods’’;
into compliance; thority and the Secretary enter into an agree- (4) in subsection (e)—
ment for the public authority to achieve compli- (A) by striking ‘‘Not later than 180 days after
‘‘(bb) the actions taken to bring the corridor
ance with such requirements. the date of enactment of this section, the Ad-
or cordon into compliance; and
‘‘(cc) the progress made by those actions. ‘‘(12) DEFINITIONS.—In this subsection, the ministrator’’ and inserting ‘‘The Adminis-
‘‘(IV) COMPLIANCE.—If a public authority following definitions apply: trator’’;
‘‘(A) FEDERAL PARTICIPATION.—The term (B) in paragraph (1) by striking ‘‘and’’ at the
fails to bring a facility into compliance under
‘Federal participation’ means the use of funds end;
this subparagraph, the Secretary may subject
(C) in paragraph (2) by striking the period at
the public authority to appropriate program made available under this title.
the end and inserting ‘‘; and’’; and
sanctions under section 1.36 of title 23, Code of ‘‘(B) HIGH OCCUPANCY VEHICLE; HOV.—The
(D) by adding at the end the following:
Federal Regulations (or successor regulations), term ‘high occupancy vehicle’ or ‘HOV’ means a ‘‘(3) not later than 180 days after the date of
until the performance is no longer degraded. vehicle with not fewer than 2 occupants. enactment of the INVEST in America Act, up-
‘‘(vi) CONSULTATION OF MPO.—If a toll facility ‘‘(C) INITIAL CONSTRUCTION.—
date the requirements established under para-
authorized under this subparagraph is located ‘‘(i) IN GENERAL.—The term ‘initial construc-
graph (1).’’; and
on the National Highway System and in a met- tion’ means the construction of a highway, (5) in subsection (f)—
ropolitan planning area established in accord- bridge, tunnel, or other facility at any time be- (A) in paragraph (1)—
ance with section 134, the public authority shall fore it is open to traffic. (i) by striking subparagraphs (C), (D), and
consult with the metropolitan planning organi- ‘‘(ii) EXCLUSIONS.—The term ‘initial construc- (F); and
zation for the area. tion’ does not include any improvement to a (ii) by redesignating subparagraphs (E), (G),
‘‘(vii) INCLUSION.—For the purposes of this highway, bridge, tunnel, or other facility after (H), and (I) as subparagraphs (C), (D), (E), and
paragraph, the corridor or cordon shall include it is open to traffic. (F), respectively; and
toll-free facilities that are adjacent to the toll ‘‘(D) OVER-THE-ROAD BUS.—The term ‘over- (B) in paragraph (6)(B)(i) by striking ‘‘public
facility.’’; the-road bus’ has the meaning given the term in entity’’ and inserting ‘‘public transportation
(B) in paragraph (3)— section 301 of the Americans with Disabilities service that is a recipient or subrecipient of
(i) in subparagraph (A)— Act of 1990 (42 U.S.C. 12181). funds under chapter 53 of title 49’’.
(I) in clause (iv) by striking ‘‘and’’ at the end; ‘‘(E) PUBLIC AUTHORITY.—The term ‘public SEC. 1112. BUY AMERICA.
and authority’ means a State, interstate compact of (a) IN GENERAL.—Section 313 of title 23,
(II) by striking clause (v) and inserting the States, or public entity designated by a State. United States Code, is amended—
following: ‘‘(F) PUBLIC TRANSPORTATION VEHICLE.—The (1) in subsection (a)—
‘‘(v) any project eligible under this title or term ‘public transportation vehicle’ has the (A) by striking ‘‘Notwithstanding’’ and insert-
chapter 53 of title 49 that improves the operation meaning given that term in section 166. ing ‘‘IN GENERAL.—Notwithstanding’’;
of the corridor or cordon by increasing person or ‘‘(G) TOLL FACILITY.—The term ‘toll facility’ (B) by striking ‘‘Secretary of Transportation’’
freight throughput and reducing person hours means a toll highway, bridge, or tunnel or ap- and inserting ‘‘Secretary’’;
of delay; proach to the highway, bridge, or tunnel con- (C) by striking ‘‘the Surface Transportation
‘‘(vi) toll discounts or rebates for users of the structed or authorized to be tolled under this Assistance Act of 1982 (96 Stat. 2097) or’’; and
toll facility that have no reasonable alternative subsection.’’. (D) by striking ‘‘and manufactured products’’
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transportation method to the toll facility; and (b) REPEAL OF INTERSTATE SYSTEM RECON- and inserting ‘‘manufactured products, and
‘‘(vii) if the public authority certifies annu- STRUCTION AND REHABILITATION PILOT PRO- construction materials’’;
ally that the tolled facility is being adequately GRAM.—Section 1216 of the Transportation Eq- (2) in subsection (b) by inserting ‘‘DETERMINA-
maintained and the cordon or corridor is not de- uity Act for the 21st Century (23 U.S.C. 129 TION.—’’ before ‘‘The provisions’’;
graded under paragraph (1)(E), any revenues note), and the item related to such section in the (3) in subsection (c) by striking ‘‘For pur-
remaining after funding the activities described table of contents in section 1(b) of such Act, are poses’’ and inserting ‘‘CALCULATION.—For pur-
in clauses (i) through (vi) shall be considered repealed. poses’’;
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2711
(4) in subsection (d)— struction work, in the same manner that recipi- standards or is recognized in corrosion manage-
(A) by striking ‘‘The Secretary of Transpor- ents of assistance under chapter 1 of such title ment transportation structures by the Depart-
tation’’ and inserting ‘‘REQUIREMENTS.—The are required to comply with such subsection for ment of Transportation, for the purposes of con-
Secretary’’; and construction work performed on highway trolling, mitigating and preventing corrosion, or
(B) by striking ‘‘the Surface Transportation projects on Federal-aid highways. a program registered under the Act of August
Assistance Act of 1982 (96 Stat. 2097) or’’; and (b) TREATMENT OF CERTAIN PROJECTS.—The 16, 1937 (29 U.S.C. 50 et seq.) (commonly known
(5) by adding at the end the following: Secretary shall apply the requirements of sec- as the ‘‘National Apprenticeship Act’’) that
‘‘(h) WAIVER PROCEDURE.— tion 1306(l) of this Act and sections 117(k), meets the requirements of parts 29 and 30 of title
‘‘(1) IN GENERAL.—Not later than 120 days 172(j), and 173(k) of title 23, United States Code, 29, Code of Federal Regulations, as in effect on
after the submission of a request for a waiver, to a project funded with a grant under such sec- January 1, 2020.
the Secretary shall make a determination under tions. (b) APPLICABLE BRIDGE PROJECTS.—
paragraph (1) or (2) of subsection (b) as to SEC. 1114. STATE ASSUMPTION OF RESPONSI- (1) QUALITY CONTROL.—A certified contractor
whether subsection (a) shall apply. BILITY FOR CATEGORICAL EXCLU- shall carry out aspects of an applicable bridge
‘‘(2) PUBLIC NOTIFICATION AND COMMENT.— SIONS. project described in paragraph (2).
‘‘(A) IN GENERAL.—Not later than 30 days be- Section 326(c)(3) of title 23, United States (2) ASPECTS OF APPLICABLE BRIDGE
fore making a determination regarding a waiver Code, is amended— PROJECTS.—Aspects of an applicable bridge
described in paragraph (1), the Secretary shall (1) by striking subparagraph (A) and inserting project referred to in paragraph (1) include—
provide notification and an opportunity for the following: (A) surface preparation or coating application
public comment on the request for such waiver. ‘‘(A) except as provided under subparagraph on steel or rebar of an applicable bridge project;
‘‘(B) NOTIFICATION REQUIREMENTS.—The noti- (C), have a term of not more than 3 years;’’; (B) removal of a lead-based or other haz-
fication required under subparagraph (A) (2) in subparagraph (B) by striking the period ardous coating from steel of an existing applica-
shall— at the end and inserting ‘‘; and’’; and ble bridge project;
‘‘(i) describe whether the application is being (3) by adding at the end the following: (C) shop painting of structural steel or rebar
made for a determination described in sub- ‘‘(C) for any State that has assumed the re- fabricated for installation on an applicable
section (b)(1); and sponsibility for categorical exclusions under this bridge project; and
‘‘(ii) be provided to the public by electronic section for at least 10 years, have a term of 5 (D) the design, application, installation and
means, including on the public website of the years.’’. maintenance of a cathodic protection system on
Department of Transportation. SEC. 1115. SURFACE TRANSPORTATION PROJECT an applicable bridge project.
‘‘(3) DETERMINATION.—Before a determination DELIVERY PROGRAM WRITTEN (3) CORROSION MANAGEMENT SYSTEM.—A State
described in paragraph (1) takes effect, the Sec- AGREEMENTS. transportation department shall—
retary shall publish a detailed justification for Section 327 of title 23, United States Code, is (A) implement a corrosion management system
such determination that addresses all public amended— that utilizes industry-recognized standards and
comments received under paragraph (2)— (1) in subsection (c)— corrosion mitigation and prevention methods to
‘‘(A) on the public website of the Department (A) by striking paragraph (5) and inserting address—
of Transportation; and the following: (i) surface preparation;
‘‘(B) if the Secretary issues a waiver with re- ‘‘(5) except as provided under paragraph (7), (ii) protective coatings;
spect to such determination, in the Federal Reg- have a term of not more than 5 years;’’; (iii) materials selection;
ister. (B) in paragraph (6) by striking the period at (iv) cathodic protection;
‘‘(i) REVIEW OF NATIONWIDE WAIVERS.— the end and inserting ‘‘; and’’; and (v) corrosion engineering;
‘‘(1) IN GENERAL.—Not later than 1 year after (C) by adding at the end the following: (vi) personnel training; and
the date of enactment of this subsection, and at ‘‘(7) for any State that has participated in a (vii) best practices in environmental protection
least every 5 years thereafter, the Secretary program under this section (or under a prede- to prevent environmental degradation and up-
shall review any standing nationwide waiver cessor program) for at least 10 years, have a hold public health;
issued by the Secretary under this section to en- term of 10 years.’’; (B) require certified contractors that employ
sure such waiver remains justified. (2) in subsection (g)(1)— appropriately trained and certified coating ap-
‘‘(2) PUBLIC NOTIFICATION AND OPPORTUNITY (A) in subparagraph (C) by striking ‘‘an- plicators to carry out aspects of applicable
FOR COMMENT.— nual’’; bridge projects as described in paragraph (2);
‘‘(A) IN GENERAL.—Not later than 30 days be- (B) in subparagraph (B) by striking ‘‘and’’ at and
fore the completion of a review under paragraph the end; (C) use certified cathodic protection profes-
(1), the Secretary shall provide notification and (C) by redesignating subparagraph (C) as sub- sionals for all aspects of applicable bridge
an opportunity for public comment on such re- paragraph (D); and projects that require knowledge of the design,
view. (D) by inserting after subparagraph (B) the installation, monitoring, or maintenance of a
‘‘(B) MEANS OF NOTIFICATION.—Notification following: cathodic protection system.
provided under this subparagraph shall be pro- ‘‘(C) in the case of an agreement period of (c) TRAINING PROGRAM.—As a condition of en-
vided by electronic means, including on the pub- greater than 5 years under subsection (c)(7), tering into a contract for an applicable bridge
lic website of the Department of Transportation. conduct an audit covering the first 5 years of project, each certified contractor shall provide
‘‘(3) DETAILED JUSTIFICATION IN FEDERAL REG- the agreement period; and’’; and training, through a qualified training program,
ISTER.—After the completion of a review under (3) by adding at the end the following: for each applicable craft or trade classification
paragraph (1), the Secretary shall publish in the ‘‘(m) AGENCY DEEMED TO BE FEDERAL AGEN- of employees that the certified contractor in-
Federal Register a detailed justification for the CY.—A State agency that is assigned a responsi- tends to employ to carry out aspects of applica-
determination made under paragraph (1) that bility under an agreement under this section ble bridge projects as described in subsection
addresses all public comments received under shall be deemed to be a Federal agency for the (b)(2).
paragraph (2). purposes of all Federal laws pursuant to which SEC. 1117. SENSE OF CONGRESS.
‘‘(j) REPORT.—Not later than 120 days after the responsibility is exercised.’’. It is the sense of Congress that—
the last day of each fiscal year, the Secretary SEC. 1116. CORROSION PREVENTION FOR (1) States should utilize life-cycle cost analysis
shall submit to the Committee on Transportation BRIDGES. to evaluate the total economic cost of a trans-
and Infrastructure of the House of Representa- (a) DEFINITIONS.—In this section: portation project over its expected lifetime; and
tives, the Committee on Appropriations of the (1) APPLICABLE BRIDGE PROJECTS.—The term (2) data indicating that future repair costs as-
House of Representatives, the Committee on En- ‘‘applicable bridge projects’’ means a project for sociated with a transportation project fre-
vironment and Public Works of the Senate, and construction, alteration, or maintenance work, quently total more than half of the initial cost
the Committee on Appropriations of the Senate other than de minimus maintenance or repair of the project, and that conducting life-cycle
a report on the waivers provided under sub- work as determined by the applicable State de- cost analysis prior to construction will help
section (h) during the previous fiscal year and partment of transportation, on a bridge or over- States identify the most cost-effective option,
the justifications for such waivers.’’. pass structure funded under title 23, United improve their economic performance, and lower
(b) SAFETEA–LU TECHNICAL CORRECTIONS States Code. the total cost of building and maintaining the
ACT OF 2008.—Section 117 of the SAFETEA–LU (2) CERTIFIED CONTRACTOR.—The term ‘‘cer- project.
Technical Corrections Act of 2008 (23 U.S.C. 313 tified contractor’’ means a contracting or sub- Subtitle B—Programmatic Infrastructure
note) is repealed. contracting firm that has been certified by a Investment
SEC. 1113. FEDERAL-AID HIGHWAY PROJECT RE- third party organization that evaluates the ca- SEC. 1201. NATIONAL HIGHWAY PERFORMANCE
QUIREMENTS. pability of the contractor or subcontractor to PROGRAM.
(a) IN GENERAL.—Except as otherwise pro- properly perform one or more specified aspects Section 119 of title 23, United States Code, is
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vided in subsection (b), notwithstanding any of applicable bridge projects as defined in sub- amended—
other provision of law, the Secretary shall re- section (b)(2). (1) by striking subsection (b) and inserting the
quire recipients of assistance under title 23, (3) QUALIFIED TRAINING PROGRAM.—The term following:
United States Code, and title I of division B this ‘‘qualified training program’’ means a training ‘‘(b) PURPOSES.—The purposes of the national
Act and the amendments made by this Act to program in corrosion control, mitigation and highway performance program shall be—
comply with subsection (a) of section 113 of title prevention, that is either offered or accredited ‘‘(1) to provide support for the condition and
23, United States Code, with respect to all con- by an organization that sets industry corrosion performance of the National Highway System,
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H2712 CONGRESSIONAL RECORD — HOUSE June 30, 2020
consistent with the asset management plans of (4) by adding at the end the following: ‘‘(B) reduce the risk of disruption to a surface
States; ‘‘(k) BENEFIT-COST ANALYSIS.—In carrying transportation infrastructure asset considered
‘‘(2) to support progress toward the achieve- out subsection (d)(3)(B)(ii), the Secretary shall critical to support population centers, freight
ment of performance targets of States estab- establish a process for analyzing the cost and movement, economic activity, evacuation, recov-
lished under section 150; benefits of projects under such subsection, en- ery, or national security functions; and
‘‘(3) to increase the resilience of Federal-aid suring that— ‘‘(C) ease disruptions to vulnerable, at-risk, or
highways and bridges; and ‘‘(1) the benefit-cost analysis includes a cal- transit-dependant populations.
‘‘(4) to provide support for the construction of culation of all the benefits addressed in the per- ‘‘(c) GUIDANCE.—The Secretary shall provide
new facilities on the National Highway System, formance measures established under section guidance to States to assist with the implemen-
consistent with subsection (d)(3).’’; 150; tation of paragraphs (2) and (3) of subsection
(2) in subsection (d)— ‘‘(2) the benefit-cost analysis includes a con- (b).
(A) in paragraph (1)(A) by striking ‘‘or freight sideration of the total maintenance cost of an ‘‘(d) DEFINITIONS.—In this section:
movement on the National Highway System’’ asset over the lifecycle of the asset; and ‘‘(1) COVERED EVENT.—The term ‘covered
and inserting ‘‘freight movement, environmental ‘‘(3) the State demonstrates that any transpor- event’ means a climate change effect (including
sustainability, transportation system access, or tation demand modeling used to calculate the sea level rise), an extreme event, seismic activ-
combating climate change’’; benefit-cost analysis has a documented record of ity, or any other natural disaster (including a
(B) in paragraph (1)(B) by striking ‘‘and’’ at accuracy.’’. wildfire or landslide).
the end; SEC. 1202. INCREASING THE RESILIENCE OF ‘‘(2) SURFACE TRANSPORTATION INFRASTRUC-
(C) in paragraph (2)— TRANSPORTATION ASSETS. TURE ASSET.—The term ‘surface transportation
(i) in subparagraph (G)—
(I) in clause (i) by inserting ‘‘and’’ at the end; (a) PREDISASTER MITIGATION PROGRAM.— infrastructure asset’ means a facility eligible for
(II) in clause (ii) by striking ‘‘; and’’ and in- (1) IN GENERAL.—Chapter 1 of title 23, United assistance under this title or chapter 53 of title
serting a period; and States Code, is amended by inserting after sec- 49.’’.
(III) by striking clause (iii); tion 123 the following: (2) CONFORMING AMENDMENT.—The analysis
(ii) in subparagraph (I) by inserting ‘‘, includ- ‘‘§ 124. Predisaster mitigation program for chapter 1 of title 23, United States Code, is
ing the installation of safety barriers and nets amended by inserting after the item relating to
‘‘(a) ESTABLISHMENT.—The Secretary shall es-
on bridges on the National Highway System’’ section 123 the following:
tablish and implement a predisaster mitigation
after ‘‘National Highway System’’; and program to enhance the resilience of the trans- ‘‘124. Predisaster mitigation program.’’.
(iii) by adding at the end the following: portation system of the United States, mitigate (b) METROPOLITAN TRANSPORTATION PLAN-
‘‘(Q) Projects on or off the National Highway the impacts of covered events, and ensure the ef- NING.—
System to reduce greenhouse gas emissions that ficient use of Federal resources. (1) AMENDMENTS TO TITLE 23.—
are eligible under section 171, including the in- ‘‘(b) ELIGIBLE ACTIVITIES.— (A) CLIMATE CHANGE AND RESILIENCE.—Sec-
stallation of electric vehicle charging infrastruc- ‘‘(1) IN GENERAL.—Subject to paragraph (2), tion 134(i)(2) of title 23, United States Code, is
ture. funds apportioned to the State under section amended by adding at the end the following:
‘‘(R) Projects on or off the National Highway 104(b)(8) may be obligated for construction ac- ‘‘(I) CLIMATE CHANGE AND RESILIENCE.—
System to enhance resilience of a transportation tivities, including construction of natural infra- ‘‘(i) IN GENERAL.—The transportation plan-
facility, including protective features. structure or protective features, and the devel- ning process shall assess strategies to reduce the
‘‘(S) Projects and strategies to reduce vehicle- opment of such projects and programs that help climate change impacts of the surface transpor-
caused wildlife mortality related to, or to restore agencies to— tation system and conduct a vulnerability as-
and maintain connectivity among terrestrial or ‘‘(A) increase the resilience of a surface trans- sessment to identify opportunities to enhance
aquatic habitats affected by, a transportation portation infrastructure asset to withstand a the resilience of the surface transportation sys-
facility otherwise eligible for assistance under covered event; tem and ensure the efficient use of Federal re-
this section. ‘‘(B) relocate or provide a reasonable alter- sources.
‘‘(T) Projects on or off the National Highway ‘‘(ii) CLIMATE CHANGE MITIGATION AND IM-
native to a repeatedly damaged facility;
System to improve an evacuation route eligible ‘‘(C) for an evacuation route identified in the PACTS.—A long-range transportation plan
under section 124(b)(1)(C). vulnerability assessment required under section shall—
‘‘(U) Undergrounding public utilities in the ‘‘(I) identify investments and strategies to re-
134(i)(2)(I)(iii) or section 135(f)(10)(C)—
course of other infrastructure improvements eli- duce transportation-related sources of green-
‘‘(i) improve the capacity or operation of such
gible under this section to mitigate the cost of house gas emissions per capita;
evacuation route through—
recurring damages from extreme weather events, ‘‘(II) identify investments and strategies to
‘‘(I) communications and intelligent transpor-
wildfire or other natural disasters.’’; and manage transportation demand and increase the
tation system equipment and infrastructure;
(D) by adding at the end the following: rates of public transportation ridership, walk-
‘‘(II) counterflow measures; and
‘‘(3) a project that is otherwise eligible under ing, bicycling, and carpools; and
‘‘(III) shoulders; and
this subsection to construct new capacity for ‘‘(III) recommend zoning and other land use
‘‘(ii) relocate such evacuation route or provide
single occupancy passenger vehicles only if the policies that would support infill, transit-ori-
a reasonable alternative to such evacuation
State— ented development, and mixed use development.
‘‘(A) has demonstrated progress in achieving a route to address the risk of a covered event; and
‘‘(D) recover from incidents that significantly ‘‘(iii) VULNERABILITY ASSESSMENT.—A long-
state of good repair, as defined in the State’s
disrupt a regions transportation system includ- range transportation plan shall incorporate a
asset management plan, on the National High-
ing— vulnerability assessment that—
way System;
‘‘(i) predisaster training programs that help ‘‘(I) includes a risk-based assessment of
‘‘(B) demonstrates that the project—
agencies and regional stakeholders plan for and vulnerabilities of critical transportation assets
‘‘(i) supports the achievement of performance
prepare multimodal recovery efforts; and and systems to covered events (as such term is
targets of the State established under section
‘‘(ii) the establishment of regional wide defined in section 124);
150; and
‘‘(ii) is more cost effective, as determined by telework training and programs. ‘‘(II) considers, as applicable, the risk man-
benefit-cost analysis, than— ‘‘(2) INFRASTRUCTURE RESILIENCE AND ADAPTA- agement analysis in the State’s asset manage-
‘‘(I) an operational improvement to the facil- TION.—No funds shall be obligated to a project ment plan developed pursuant to section 119,
ity or corridor; under this section unless the project meets each and the State’s evaluation of reasonable alter-
‘‘(II) the construction of a transit project eli- of the following criteria: natives to repeatedly damaged facilities con-
gible for assistance under chapter 53 of title 49; ‘‘(A) The project is designed to ensure resil- ducted under part 667 of title 23, Code of Fed-
or ience over the anticipated service life of the sur- eral Regulations;
‘‘(III) the construction of a non-single occu- face transportation infrastructure asset. ‘‘(III) identifies evacuation routes, assesses
pancy passenger vehicle project that improves ‘‘(B) The project is identified in the metropoli- the ability of any such routes to provide safe
freight movement; and tan or statewide transportation improvement passage for evacuation and emergency response
‘‘(C) has a public plan for maintaining and program as a project to address resilience during an emergency event, and identifies any
operating the new asset while continuing its vulnerabilities, consistent with section improvements or redundant facilities necessary
progress in achieving a state of good repair 134(j)(3)(E) or 135(g)(5)(B)(iii). to adequately facilitate safe passage;
under subparagraph (A).’’; ‘‘(C) For a project in a flood-prone area, the ‘‘(IV) describes the metropolitan planning or-
(3) in subsection (e)— project sponsor considers hydrologic and hy- ganization’s adaptation and resilience improve-
(A) in the heading by inserting ‘‘ASSET AND’’ draulic data and methods that integrate current ment strategies that will inform the transpor-
after ‘‘STATE’’; and projected changes in flooding based on cli- tation investment decisions of the metropolitan
(B) in paragraph (4)(D) by striking ‘‘anal- mate science over the anticipated service life of planning organization; and
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ysis’’ and inserting ‘‘analyses, both of which the surface transportation infrastructure asset ‘‘(V) is consistent with and complementary of
shall take into consideration climate change ad- and future forecasted land use changes. the State and local mitigation plans required
aptation and resilience;’’; and ‘‘(3) PRIORITIZATION OF PROJECTS.—A State under section 322 of the Robert T. Stafford Dis-
(C) in paragraph (8) by striking ‘‘Not later shall develop a process to prioritize projects aster Relief and Emergency Assistance Act (42
than 18 months after the date of enactment of under this section based on the degree to which U.S.C. 5165).
the MAP–21, the Secretary’’ and inserting ‘‘The the proposed project would— ‘‘(iv) CONSULTATION.—The assessment de-
Secretary’’; and ‘‘(A) be cost effective; scribed in this subparagraph shall be developed
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2713
in consultation with, as appropriate, State, (1) AMENDMENTS TO TITLE 23.— ‘‘(ii) identify investments and strategies to
local, and Tribal officials responsible for land (A) CLIMATE CHANGE AND RESILIENCE.—Sec- manage transportation demand and increase the
use, housing, resilience, hazard mitigation, and tion 135(f) of title 23, United States Code, is rates of public transportation ridership, walk-
emergency management.’’. amended by adding at the end the following: ing, bicycling, and carpools; and
(B) RESILIENCE PROJECTS.—Section 134(j)(3) of ‘‘(10) CLIMATE CHANGE AND RESILIENCE.— ‘‘(iii) recommend zoning and other land use
title 23, United States Code, is amended by add- ‘‘(A) IN GENERAL.—The transportation plan- policies that would support infill, transit-ori-
ing at the end the following: ning process shall assess strategies to reduce the ented development, and mixed use development.
‘‘(E) RESILIENCE PROJECTS.—The TIP shall— climate change impacts of the surface transpor- ‘‘(C) VULNERABILITY ASSESSMENT.—A long-
‘‘(i) identify projects that address the tation system and conduct a vulnerability as- range transportation plan shall incorporate a
vulnerabilities identified by the assessment in sessment to identify opportunities to enhance vulnerability assessment that—
subsection (i)(2)(I)(iii); and the resilience of the surface transportation sys- ‘‘(i) includes a risk-based assessment of
‘‘(ii) describe how each project identified tem and ensure the efficient use of Federal re- vulnerabilities of critical transportation assets
under clause (i) would improve the resilience of sources. and systems to covered events (as such term is
the transportation system.’’. ‘‘(B) CLIMATE CHANGE MITIGATION AND IM- defined in section 124 of title 23);
(2) AMENDMENTS TO TITLE 49.— PACTS.—A long-range transportation plan ‘‘(ii) considers, as applicable, the risk manage-
(A) CLIMATE CHANGE AND RESILIENCE.—Sec- shall— ment analysis in the State’s asset management
tion 5303(i)(2) of title 49, United States Code, is ‘‘(i) identify investments and strategies to re- plan developed pursuant to section 119 of title
amended by adding at the end the following: duce transportation-related sources of green- 23, and the State’s evaluation of reasonable al-
‘‘(I) CLIMATE CHANGE AND RESILIENCE.— house gas emissions per capita; ternatives to repeatedly damaged facilities con-
‘‘(i) IN GENERAL.—The transportation plan- ‘‘(ii) identify investments and strategies to
ducted under part 667 of title 23, Code of Fed-
ning process shall assess strategies to reduce the manage transportation demand and increase the
eral Regulations;
climate change impacts of the surface transpor- rates of public transportation ridership, walk-
‘‘(iii) identifies evacuation routes, assesses the
tation system and conduct a vulnerability as- ing, bicycling, and carpools; and
ability of any such routes to provide safe pas-
sessment to identify opportunities to enhance ‘‘(iii) recommend zoning and other land use
sage for evacuation and emergency response
the resilience of the surface transportation sys- policies that would support infill, transit-ori-
during an emergency event, and identifies any
tem and ensure the efficient use of Federal re- ented development, and mixed use development.
‘‘(C) VULNERABILITY ASSESSMENT.—A long- improvements or redundant facilities necessary
sources. to adequately facilitate safe passage;
‘‘(ii) CLIMATE CHANGE MITIGATION AND IM- range transportation plan shall incorporate a
vulnerability assessment that— ‘‘(iv) describes the State’s adaptation and re-
PACTS.—A long-range transportation plan silience improvement strategies that will inform
shall— ‘‘(i) includes a risk-based assessment of
vulnerabilities of critical transportation assets the transportation investment decisions of the
‘‘(I) identify investments and strategies to re- State; and
duce transportation-related sources of green- and systems to covered events (as such term is
defined in section 124); ‘‘(v) is consistent with and complementary of
house gas emissions per capita; the State and local mitigation plans required
‘‘(II) identify investments and strategies to ‘‘(ii) considers, as applicable, the risk manage-
ment analysis in the State’s asset management under section 322 of the Robert T. Stafford Dis-
manage transportation demand and increase the aster Relief and Emergency Assistance Act (42
rates of public transportation ridership, walk- plan developed pursuant to section 119, and the
State’s evaluation of reasonable alternatives to U.S.C. 5165).
ing, bicycling, and carpools; and ‘‘(D) CONSULTATION.—The assessment de-
‘‘(III) recommend zoning and other land use repeatedly damaged facilities conducted under
part 667 of title 23, Code of Federal Regulations; scribed in this subparagraph shall be developed
policies that would support infill, transit-ori-
‘‘(iii) identifies evacuation routes, assesses the in consultation with, as appropriate, State,
ented development, and mixed use development.
ability of any such routes to provide safe pas- local, and Tribal officials responsible for land
‘‘(iii) VULNERABILITY ASSESSMENT.—A long-
sage for evacuation and emergency response use, housing, resilience, hazard mitigation, and
range transportation plan shall incorporate a
during an emergency event, and identifies any emergency management.’’.
vulnerability assessment that—
improvements or redundant facilities necessary (B) RESILIENCE PROJECTS.—Section
‘‘(I) includes a risk-based assessment of
to adequately facilitate safe passage; 5304(g)(5)(B) of title 49, United States Code, is
vulnerabilities of critical transportation assets
‘‘(iv) describes the States’s adaptation and re- amended by adding at the end the following:
and systems to covered events (as such term is
silience improvement strategies that will inform ‘‘(iii) RESILIENCE PROJECTS.—The STIP shall—
defined in section 124 of title 23);
the transportation investment decisions of the ‘‘(I) identify projects that address the
‘‘(II) considers, as applicable, the risk man-
State; and vulnerabilities identified by the assessment in
agement analysis in the State’s asset manage-
‘‘(v) is consistent with and complementary of subsection (i)(10)(B); and
ment plan developed pursuant to section 119 of
the State and local mitigation plans required ‘‘(II) describe how each project identified
title 23, and the State’s evaluation of reasonable
under section 322 of the Robert T. Stafford Dis- under subclause (I) would improve the resilience
alternatives to repeatedly damaged facilities
aster Relief and Emergency Assistance Act (42 of the transportation system.’’.
conducted under part 667 of title 23, Code of
U.S.C. 5165). SEC. 1203. EMERGENCY RELIEF.
Federal Regulations;
‘‘(D) CONSULTATION.—The assessment de- (a) IN GENERAL.—Section 125 of title 23,
‘‘(III) identifies evacuation routes, assesses
scribed in this subparagraph shall be developed United States Code, is amended—
the ability of any such routes to provide safe
in consultation with, as appropriate, State, (1) in subsection (a)(1) by inserting ‘‘wild-
passage for evacuation and emergency response
local, and Tribal officials responsible for land fire,’’ after ‘‘severe storm,’’;
during an emergency event, and identifies any
use, housing, resilience, hazard mitigation, and (2) by striking subsection (b);
improvements or redundant facilities necessary
emergency management.’’. (3) in subsection (c)(2)(A) by striking ‘‘in any
to adequately facilitate safe passage; (B) RESILIENCE PROJECTS.—Section
‘‘(IV) describes the metropolitan planning or- 1 fiscal year commencing after September 30,
135(g)(5)(B) of title 23, United States Code, is 1980,’’ and inserting ‘‘in any fiscal year’’;
ganization’s adaptation and resilience improve-
amended by adding at the end the following: (4) in subsection (d)—
ment strategies that will inform the transpor- ‘‘(iii) RESILIENCE PROJECTS.—The STIP shall—
tation investment decisions of the metropolitan (A) in paragraph (3)(C) by striking ‘‘sub-
‘‘(I) identify projects that address the
planning organization; and section (e)(1)’’ and inserting ‘‘subsection (g)’’;
vulnerabilities identified by the assessment in
‘‘(V) is consistent with and complementary of (B) by redesignating paragraph (3) as para-
subsection (i)(10)(B); and
the State and local mitigation plans required ‘‘(II) describe how each project identified graph (4); and
under section 322 of the Robert T. Stafford Dis- under subclause (I) would improve the resilience (C) by striking paragraphs (1) and (2) and in-
aster Relief and Emergency Assistance Act (42 of the transportation system.’’. serting the following:
U.S.C. 5165). (2) AMENDMENTS TO TITLE 49.— ‘‘(1) IN GENERAL.—The Secretary may expend
‘‘(iv) CONSULTATION.—The assessment de- (A) CLIMATE CHANGE AND RESILIENCE.—Sec- funds from the emergency fund authorized by
scribed in this subparagraph shall be developed tion 5304(f) of title 49, United States Code, is this section only for the repair or reconstruction
in consultation, as appropriate, with State, amended by adding at the end the following: of highways on Federal-aid highways in accord-
local, and Tribal officials responsible for land ‘‘(10) CLIMATE CHANGE AND RESILIENCE.— ance with this chapter.
use, housing, resilience, hazard mitigation, and ‘‘(A) IN GENERAL.—The transportation plan- ‘‘(2) RESTRICTIONS.—
emergency management.’’. ning process shall assess strategies to reduce the ‘‘(A) IN GENERAL.—No funds shall be ex-
(B) RESILIENCE PROJECTS.—Section 5303(j)(3) climate change impacts of the surface transpor- pended from the emergency fund authorized by
of title 49, United States Code, is amended by tation system and conduct a vulnerability as- this section unless—
adding at the end the following: sessment to identify opportunities to enhance ‘‘(i) an emergency has been declared by the
‘‘(E) RESILIENCE PROJECTS.—The TIP shall— the resilience of the surface transportation sys- Governor of the State with concurrence by the
‘‘(i) identify projects that address the tem and ensure the efficient use of Federal re- Secretary, unless the President has declared the
dlhill on DSK120RN23PROD with HOUSE
vulnerabilities identified by the assessment in sources. emergency to be a major disaster for the pur-
subsection (i)(2)(I)(iii); and ‘‘(B) CLIMATE CHANGE MITIGATION AND IM- poses of the Robert T. Stafford Disaster Relief
‘‘(ii) describe how each project identified PACTS.—A long-range transportation plan and Emergency Assistance Act (42 U.S.C. 5121 et
under clause (i) would improve the resilience of shall— seq.) for which concurrence of the Secretary is
the transportation system.’’. ‘‘(i) identify investments and strategies to re- not required; and
(c) STATEWIDE AND NONMETROPOLITAN PLAN- duce transportation-related sources of green- ‘‘(ii) the Secretary has received an application
NING.— house gas emissions per capita; from the State transportation department that
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H2714 CONGRESSIONAL RECORD — HOUSE June 30, 2020
includes a comprehensive list of all eligible ‘‘(3) ELIGIBLE ACTIVITIES.—Amounts made 23, United States Code, is amended by striking
project sites and repair costs by not later than available under this subsection shall be used for ‘‘section 125(e)’’ and inserting ‘‘section 125(g)’’.
2 years after the natural disaster or catastrophic protective features or other hazard mitigation (2) TRIBAL TRANSPORTATION PROGRAM.—Sec-
failure. activities that— tion 202(b)(6)(A) of title 23, United States Code,
‘‘(B) COST LIMITATION.—The total cost of a ‘‘(A) the Secretary determines are cost effec- is amended by striking ‘‘section 125(e)’’ and in-
project funded under this section may not ex- tive and that reduce the risk of, or increase the serting ‘‘section 125(d)’’.
ceed the cost of repair or reconstruction of a resilience to, future damage to existing assets as (c) REPEAL.—Section 668.105(h) of title 23,
comparable facility unless the Secretary deter- a result of natural disasters; and Code of Federal Regulations, is repealed.
mines that the project incorporates economically ‘‘(B) are eligible under section 124. SEC. 1204. RAILWAY CROSSINGS.
justified betterments, including protective fea- ‘‘(4) REPORT.—The Secretary shall submit to (a) IN GENERAL.—Section 130 of title 23,
tures to increase the resilience of the facility. the Committee on Transportation and Infra- United States Code, is amended—
‘‘(3) SPECIAL RULE FOR BRIDGE PROJECTS.—In structure of the House of Representatives and (1) in the section heading by striking ‘‘Rail-
no case shall funds be used under this section the Committee on Environment and Public way-highway crossings’’ and inserting ‘‘Rail-
for the repair or reconstruction of a bridge— Works of the Senate an annual report detail- way crossings’’;
‘‘(A) that has been permanently closed to all ing— (2) in subsection (a)—
vehicular traffic by the State or responsible ‘‘(A) a description of the activities carried out (A) by striking ‘‘Subject to section 120 and
local official because of imminent danger of col- under the pilot program; subsection (b) of this section, the entire’’ and in-
lapse due to a structural deficiency or physical ‘‘(B) an evaluation of the effectiveness of the serting ‘‘IN GENERAL.—The’’;
deterioration; or pilot program in meeting purposes descried in (B) by striking ‘‘then the entire’’ and insert-
‘‘(B) if a construction phase of a replacement paragraph (1); ing ‘‘the’’; and
structure is included in the approved statewide ‘‘(C) policy recommendations to improve the (C) by striking ‘‘, subject to section 120 and
transportation improvement program at the time effectiveness of the pilot program. subsection (b) of this section,’’;
of an event described in subsection (a).’’; ‘‘(5) SUNSET.—The authority provided under (3) by amending subsection (b) to read as fol-
(5) in subsection (e)— this subsection shall terminate on October 1, lows:
(A) by striking paragraph (1); 2025. ‘‘(b) CLASSIFICATION.—
(B) in paragraph (2) by striking ‘‘subsection ‘‘(i) IMPROVING THE EMERGENCY RELIEF PRO- ‘‘(1) IN GENERAL.—The construction of
(d)(1)’’ and inserting ‘‘subsection (c)(1)’’; and GRAM.—Not later than 90 days after the date of
projects for the elimination of hazards at rail-
(C) by redesignating paragraphs (2) and (3), enactment of the INVEST in America Act, the way crossings represents a benefit to the rail-
as amended, as paragraphs (1) and (2), respec- Secretary shall— road. The Secretary shall classify the various
tively; ‘‘(1) revise the emergency relief manual of the types of projects involved in the elimination of
(6) by redesignating subsections (c) through Federal Highway Administration— hazards of railway-highway crossings, and
(g), as amended, as subsections (b) through (f), ‘‘(A) to include and reflect the definition of shall set for each such classification a percent-
respectively; and the term ‘resilience’ (as defined in section age of the total project cost that represent the
(7) by adding at the end the following: 101(a)); benefit to the railroad or railroads for the pur-
‘‘(g) IMPOSITION OF DEADLINE.— ‘‘(B) to identify procedures that States may pose of determining the railroad’s share of the
‘‘(1) IN GENERAL.—Notwithstanding any other use to incorporate resilience into emergency re- total project cost. The Secretary shall determine
provision of law, the Secretary may not require lief projects; and the appropriate classification of each project.
any project funded under this section to ad- ‘‘(C) to encourage the use of context sensitive ‘‘(2) NONCASH CONTRIBUTIONS.—
vance to the construction obligation stage before ‘‘(A) IN GENERAL.—Not more than 5 percent of
design principles and consideration of access for
the date that is the last day of the sixth fiscal the cost share described in paragraph (1) may be
moderate- and low-income families impacted by
year after the later of— attributable to noncash contributions of mate-
a declared disaster;
‘‘(A) the date on which the Governor declared rials and labor furnished by the railroad in con-
‘‘(2) develop best practices for improving the
the emergency, as described in subsection nection with the construction of such project.
use of resilience in—
(d)(2)(A)(i); or ‘‘(B) REQUIREMENT.—The requirements under
‘‘(A) the emergency relief program under sec-
‘‘(B) the date on which the President declared section 200.306 and 200.403(g) of title 2, Code of
tion 125; and
the emergency to be a major disaster, as de- Federal Regulations (or successor regulations),
‘‘(B) emergency relief efforts;
scribed in such subsection. shall apply to any noncash contributions under
‘‘(3) provide to division offices of the Federal
‘‘(2) EXTENSION OF DEADLINE.—If the Sec- this subsection.
Highway Administration and State departments
retary imposes a deadline for advancement to ‘‘(3) TOTAL PROJECT COST.—For the purposes
of transportation information on the best prac-
the construction obligation stage pursuant to of this subsection, the determination of the rail-
tices developed under paragraph (2); and
paragraph (1), the Secretary may, upon the re- road’s share of the total project cost shall in-
‘‘(4) develop and implement a process to
quest of the Governor of the State, issue an ex- clude environment, design, right-of-way, utility
track—
tension of not more than 1 year to complete such accommodation, and construction phases of the
‘‘(A) the consideration of resilience as part of
advancement, and may issue additional exten- project.’’;
the emergency relief program under section 125;
(4) in subsection (c)—
sions after the expiration of any extension, if and (A) by striking ‘‘Any railroad involved’’ and
the Secretary determines the Governor of the ‘‘(B) the costs of emergency relief projects. inserting ‘‘BENEFIT.—Any railroad involved’’;
State has provided suitable justification to war- ‘‘(j) DEFINITIONS.—In this section: (B) by striking ‘‘the net benefit’’ and inserting
rant such an extension. ‘‘(1) COMPARABLE FACILITY.—The term ‘com- ‘‘the cost associated with the benefit’’; and
‘‘(h) HAZARD MITIGATION PILOT PROGRAM.— parable facility’ means a facility that meets the (C) by striking ‘‘Such payment may consist in
‘‘(1) IN GENERAL.—The Secretary shall estab- current geometric and construction standards whole or in part of materials and labor fur-
lish a hazard mitigation pilot program for the required for the types and volume of traffic that nished by the railroad in connection with the
purpose of mitigating future hazards posed to the facility will carry over its design life. construction of such project.’’;
Federal-aid highways. ‘‘(2) CONSTRUCTION PHASE.—The term ‘con- (5) by striking subsection (e) and inserting the
‘‘(2) DISTRIBUTION OF FUNDS.— struction phase’ means the phase of physical following:
‘‘(A) AUTHORIZATION OF APPROPRIATIONS.— construction of a highway or bridge facility that ‘‘(e) RAILWAY CROSSINGS.—
There is authorized to be appropriated such is separate from any other identified phases, ‘‘(1) ELIGIBLE ACTIVITIES.—Funds apportioned
sums as may be necessary for the pilot program such as planning, design, or right-of-way to a State under section 104(b)(7) may be obli-
established under this subsection. phases, in the State transportation improvement gated for the following:
‘‘(B) CALCULATION.—Every 6 months, the Sec- program. ‘‘(A) The elimination of hazards at railway-
retary shall calculate the total amount of out- ‘‘(3) OPEN TO PUBLIC TRAVEL.—The term ‘open highway crossings, including technology or pro-
standing eligible repair costs under the emer- to public travel’ means with respect to a road, tective upgrades.
gency relief program under this section, includ- that, except during scheduled periods, extreme ‘‘(B) Construction (including installation and
ing the emergency relief backlog, for each State, weather conditions, or emergencies, the road— replacement) of protective devices at railway-
territory, Tribal government, or other eligible ‘‘(A) is maintained; highway crossings.
entity. ‘‘(B) is open to the general public; and ‘‘(C) Infrastructure and noninfrastructure
‘‘(C) DISTRIBUTION.—Any amounts made ‘‘(C) can accommodate travel by a standard projects and strategies to prevent or reduce sui-
available under this subsection shall be distrib- passenger vehicle, without restrictive gates or cide or trespasser fatalities and injuries along
uted to each State, territory, Tribal government, prohibitive signs or regulations, other than for railroad rights-of-way and at or near railway-
or other eligible entity based on— general traffic control or restrictions based on highway crossings.
‘‘(i) the ratio of the total amount of out- size, weight, or class of registration. ‘‘(D) Projects to mitigate any degradation in
standing eligible repair costs as described under ‘‘(4) STANDARD PASSENGER VEHICLE.—The term the level of access from a highway-grade cross-
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subparagraph (B); bears to ‘standard passenger vehicle’ means a vehicle ing closure.
‘‘(ii) the total amounts appropriated for the with 6 inches of clearance from the lowest point ‘‘(E) Bicycle and pedestrian railway grade
purposes described in this subsection. of the frame, body, suspension, or differential to crossing improvements, including underpasses
‘‘(D) LIMITATION.—The distribution described the ground.’’. and overpasses.
under subparagraph (C) shall not exceed 5 per- (b) CONFORMING AMENDMENTS.— ‘‘(F) Projects eligible under section 22907(c)(5)
cent of the amount described in subparagraph (1) FEDERAL LANDS AND TRIBAL TRANSPOR- of title 49, provided that amounts obligated
(B). TATION PROGRAMS.—Section 201(c)(8)(A) of title under this subparagraph—
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2715
‘‘(i) shall be administered by the Secretary in (d) SENSE OF CONGRESS RELATING TO TRES- ‘‘(3) LOCAL COORDINATION AND CONSULTA-
accordance with such section as if such amounts PASSER DEATHS ALONG RAILROAD RIGHTS-OF- TION.—
were made available to carry out such section; WAY.—It is the sense of Congress that the De- ‘‘(A) COORDINATION WITH METROPOLITAN
and partment of Transportation should, where fea- PLANNING ORGANIZATIONS.—For purposes of
‘‘(ii) may be used to pay up to 90 percent of sible, coordinate departmental efforts to prevent paragraph (1)(A)(ii), a State shall—
the non-Federal share of the cost of a project or reduce trespasser deaths along railroad ‘‘(i) establish a process to coordinate with all
carried out under such section. rights-of-way and at or near railway-highway metropolitan planning organizations in the
‘‘(2) SPECIAL RULE.—If a State demonstrates crossings. State that represent an urbanized area described
to the satisfaction of the Secretary that the SEC. 1205. SURFACE TRANSPORTATION PRO- in such paragraph; and
State has met all its needs for installation of GRAM. ‘‘(ii) describe how funds described under para-
protective devices at railway-highway crossings, (a) IN GENERAL.—Section 133 of title 23, graph (1)(A)(ii) will be allocated equitably
the State may use funds made available by this United States Code, is amended— among such urbanized areas during the period
section for other highway safety improvement (1) in the heading by striking ‘‘block grant’’; of fiscal years 2022 through 2025.
program purposes.’’; (2) in subsection (a) by striking ‘‘block grant’’; ‘‘(B) JOINT RESPONSIBILITY.—Each State and
(6) by striking subsection (f) and inserting the (3) in subsection (b)— the Secretary shall jointly ensure compliance
following: (A) by striking ‘‘block grant’’; with subparagraph (A).
‘‘(f) FEDERAL SHARE.—Notwithstanding sec- (B) in paragraph (4) by striking ‘‘railway- ‘‘(C) CONSULTATION WITH REGIONAL TRANS-
tion 120, the Federal share payable on account highway grade crossings’’ and inserting PORTATION PLANNING ORGANIZATIONS.—For pur-
of any project financed with funds made avail- ‘‘projects eligible under section 130 and installa- poses of clauses (iii) and (iv) of paragraph
able to carry out subsection (e) shall be up to 90 tion of safety barriers and nets on bridges’’; (1)(A), before obligating funding attributed to
percent of the cost thereof.’’; (C) in paragraph (6)— an area with a population less than 50,000, a
(7) by striking subsection (g) and inserting the (i) by striking ‘‘Recreational’’ and inserting State shall consult with the regional transpor-
following: ‘‘Transportation alternatives projects eligible tation planning organizations that represent the
‘‘(g) REPORT.— under subsection (h), recreational’’; and area, if any.’’;
‘‘(1) STATE REPORT.— (ii) by striking ‘‘1404 of SAFETEA–LU (23 (C) in the heading for paragraph (4) by strik-
‘‘(A) IN GENERAL.—Not later than 2 years U.S.C. 402 note)’’ and inserting ‘‘211’’; and ing ‘‘OVER 200,000’’ and inserting ‘‘GREATER THAN
after the date of enactment of the INVEST in (D) by adding at the end the following:
200,000’’;
America Act, and at least biennially thereafter, ‘‘(16) Protective features (including natural
(D) by striking paragraph (6) and inserting
each State shall submit to the Secretary a report infrastructure and vegetation control and clear-
the following:
on the progress being made to implement the ance) to enhance the resilience of a transpor-
tation facility otherwise eligible for assistance ‘‘(6) TECHNICAL ASSISTANCE.—
railway crossings program authorized by this
under this section. ‘‘(A) IN GENERAL.—The State and all metro-
section and the effectiveness of such improve-
‘‘(17) Projects to reduce greenhouse gas emis- politan planning organizations in the State that
ments.
sions eligible under section 171, including the in- represent an urbanized area with a population
‘‘(B) CONTENTS.—Each State report under
stallation of electric vehicle charging infrastruc- of greater than 200,000 shall jointly establish a
subparagraph (A) shall contain an assessment
ture. program to improve the ability of applicants to
of the costs of the various treatments employed
‘‘(18) Projects and strategies to reduce vehicle- deliver projects under this subsection in an effi-
and subsequent accident experience at improved
caused wildlife mortality related to, or to restore cient and expeditious manner and reduce the
locations.
and maintain connectivity among terrestrial or period of time between the selection of the
‘‘(2) DEPARTMENTAL REPORT.—
aquatic habitats affected by, a transportation project and the obligation of funds for the
‘‘(A) IN GENERAL.—Not later than 180 days
facility otherwise eligible for assistance under project by providing—
after the deadline for the submission of a report
this section. ‘‘(i) technical assistance and training to ap-
under paragraph (1)(A), the Secretary shall
‘‘(19) A surface transportation project carried plicants for projects under this subsection; and
publish on the website of the Department of
out in accordance with the national travel and ‘‘(ii) funding for 1 or more full-time State em-
Transportation a report on the progress being
tourism infrastructure strategic plan under sec- ployee positions to administer this subsection.
made by the State in implementing projects to
improve railway-highway crossings. tion 1431(e) of the FAST Act (49 U.S.C. 301 ‘‘(B) ELIGIBLE FUNDS.—To carry out this
‘‘(B) CONTENTS.—The report under subpara- note).’’; paragraph—
graph (A) shall include— (4) in subsection (c)— ‘‘(i) a State shall set aside an amount equal to
‘‘(i) the number of projects undertaken; (A) by striking ‘‘block grant’’ and inserting 1 percent of the funds available under para-
‘‘(ii) distribution of such projects by cost ‘‘program’’; graph (1)(A)(i); and
range, road system, nature of treatment, and (B) by striking paragraph (3) and inserting ‘‘(ii) at the request of an eligible metropolitan
subsequent accident experience at improved lo- the following: planning organization, the State and metropoli-
cations; ‘‘(3) for a project described in— tan planning organization may jointly agree to
‘‘(iii) an analysis and evaluation of each ‘‘(A) subsection (h); or use additional funds available under paragraph
State program; ‘‘(B) section 101(a)(29), as in effect on the day (1)(A)(i).
‘‘(iv) the identification of any State found not before the date of enactment of the FAST Act;’’; ‘‘(C) USE OF FUNDS.—Amounts used under this
to be in compliance with the schedule of im- (C) by redesignating paragraph (4) as para- paragraph may be expended—
provements required by subsection (d); and graph (5); and ‘‘(i) directly by the State; or
(D) by inserting after paragraph (3) the fol- ‘‘(ii) through contracts with State agencies,
‘‘(v) recommendations for future implementa-
lowing: private entities, or nonprofit organizations.’’;
tion of the railway crossings program.’’;
‘‘(4) for a project described in section 5308 of (6) in subsection (e)(1)—
(8) in subsection (j)—
title 49; and’’; (A) by striking ‘‘over 200,000’’ and inserting
(A) in the heading by inserting ‘‘AND PEDES-
(5) in subsection (d)—
TRIAN’’ after ‘‘BICYCLE’’; and ‘‘greater than 200,000’’; and
(A) in paragraph (1)—
(B) by inserting ‘‘and pedestrian’’ after ‘‘bicy- (B) by striking ‘‘2016 through 2020’’ and in-
(i) by inserting ‘‘each fiscal year’’ after ‘‘ap-
cle’’; and serting ‘‘2022 through 2025’’;
portioned to a State’’;
(9) in subsection (l)— (ii) by striking ‘‘the reservation of’’ and in- (7) by striking subsection (f) and inserting the
(A) in paragraph (1) by striking ‘‘Not later serting ‘‘setting aside’’; and following:
than’’ and all that follows through ‘‘each (iii) in subparagraph (A)— ‘‘(f) BRIDGES NOT ON FEDERAL-AID HIGH-
State’’ and inserting ‘‘Not later than 6 months (I) by striking ‘‘the percentage specified in WAYS.—
after a new railway crossing becomes oper- paragraph (6) for a fiscal year’’ and inserting ‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In
ational, each State’’; and ‘‘57 percent for fiscal year 2022, 58 percent for this subsection, the term ‘off-system bridge’
(B) in paragraph (2) by striking ‘‘On a peri- fiscal year 2023, 59 percent for fiscal year 2024, means a bridge located on a public road, other
odic’’ and all that follows through ‘‘every year and 60 percent for fiscal year 2025’’; than a bridge on a Federal-aid highway.
thereafter’’ and inserting ‘‘On or before Sep- (II) in clause (i) by striking ‘‘of over’’ and in- ‘‘(2) SPECIAL RULE.—
tember 30 of each year’’. serting ‘‘greater than’’; and ‘‘(A) SET ASIDE.—Of the amounts apportioned
(b) CLERICAL AMENDMENT.—The analysis for (III) by striking clauses (ii) and (iii) and in- to a State for each fiscal year under this section
chapter 1 of title 23, United States Code, is serting the following: other than the amounts described in subpara-
amended by amending the item relating to sec- ‘‘(ii) in urbanized areas of the State with an graph (C), the State shall obligate for activities
tion 130 to read as follows: urbanized area population greater than 49,999 described in subsection (b)(2) (as in effect on the
‘‘130. Railway crossings.’’. and less than 200,001; day before the date of enactment of the FAST
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(c) GAO STUDY.—Not later than 2 years after ‘‘(iii) in urban areas of the State with a popu- Act) for off-system bridges an amount that is
the date of enactment of this Act, the Comp- lation greater than 4,999 and less than 50,000; not less than 20 percent of the amounts avail-
troller General of the United States shall submit and able to such State under this section in fiscal
to Congress a report that includes an analysis of ‘‘(iv) in other areas of the State with a popu- year 2020, not including the amounts described
the effectiveness of the railway crossing pro- lation less than 5,000; and’’; in subparagraph (C).
gram under section 130 of title 23, United States (B) by striking paragraph (3) and inserting ‘‘(B) REDUCTION OF EXPENDITURES.—The Sec-
Code. the following: retary, after consultation with State and local
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H2716 CONGRESSIONAL RECORD — HOUSE June 30, 2020
officials, may reduce the requirement for ex- ‘‘(h) TRANSPORTATION ALTERNATIVES PRO- ‘‘(ii) historic preservation and rehabilitation
penditures for off-system bridges under subpara- GRAM SET-ASIDE.— of historic transportation facilities;
graph (A) with respect to the State if the Sec- ‘‘(1) SET ASIDE.—For each fiscal year, of the ‘‘(iii) vegetation management practices in
retary determines that the State has inadequate total funds apportioned to all States under sec- transportation rights-of-way to improve road-
needs to justify the expenditure. tion 104(b)(2) for a fiscal year, the Secretary way safety, prevent against invasive species, fa-
‘‘(C) LIMITATIONS.—The following amounts shall set aside an amount such that— cilitate wildfire control, and provide erosion
shall not be used for the purposes of meeting the ‘‘(A) the Secretary sets aside a total amount control; and
requirements of subparagraph (A): under this subsection for a fiscal year equal to ‘‘(iv) archaeological activities relating to im-
‘‘(i) Amounts described in section 133(d)(1)(A). 10 percent of such total funds; and pacts from implementation of a transportation
‘‘(ii) Amounts set aside under section 133(h). ‘‘(B) the State’s share of the amount set aside project eligible under this title.
‘‘(iii) Amounts described in section 505(a). under subparagraph (A) is determined by multi- ‘‘(F) Any environmental mitigation activity,
‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL-AID plying the amount set aside under subpara- including pollution prevention and pollution
HIGHWAYS.—Notwithstanding any other provi- graph (A) by the ratio that— abatement activities and mitigation to address
sion of law, with respect to any project not on ‘‘(i) the amount apportioned to the State for stormwater management, control, and water
a Federal-aid highway for the replacement of a the transportation enhancement program for fis- pollution prevention or abatement related to
bridge or rehabilitation of a bridge that is whol- cal year 2009 under section 133(d)(2), as in effect highway construction or due to highway runoff,
ly funded from State and local sources, is eligi- on the day before the date of enactment of including activities described in sections 328(a)
ble for Federal funds under this section, is cer- MAP–21; bears to and 329.
tified by the State to have been carried out in ‘‘(ii) the total amount of funds apportioned to ‘‘(G) Projects and strategies to reduce vehicle-
accordance with all standards applicable to all States for the transportation enhancements caused wildlife mortality related to, or to restore
such projects under this section, and is deter- program for fiscal year 2009. and maintain connectivity among terrestrial or
mined by the Secretary upon completion to be ‘‘(2) ALLOCATION WITHIN A STATE.— aquatic habitats affected by, a transportation
no longer a deficient bridge— ‘‘(A) IN GENERAL.—Except as provided in sub- facility otherwise eligible for assistance under
‘‘(A) any amount expended after the date of paragraph (B), funds set aside for a State under this subsection.
enactment of this subsection from State and paragraph (1) shall be obligated within that ‘‘(H) The recreational trails program under
local sources for the project in excess of 20 per- State in the manner described in subsections (d) section 206.
cent of the cost of construction of the project and (e), except that, for purposes of this para- ‘‘(I) The safe routes to school program under
may be credited to the non-Federal share of the graph (after funds are made available under section 211.
cost of other bridge projects in the State that are paragraph (5))— ‘‘(J) Activities in furtherance of a vulnerable
eligible for Federal funds under this section; ‘‘(i) for each fiscal year, the percentage re- road user assessment described in section 148.
and ferred to in paragraph (1)(A) of subsection (d) ‘‘(K) Any other projects or activities described
‘‘(B) that crediting shall be conducted in ac- shall be deemed to be 66 percent; and in section 101(a)(29) or section 213, as such sec-
cordance with procedures established by the ‘‘(ii) paragraph (3) of subsection (d) shall not tions were in effect on the day before the date
Secretary.’’; and apply. of enactment of the FAST Act (Public Law 114–
(8) in subsection (g)(1)— ‘‘(B) LOCAL CONTROL.— 94).
(A) by striking ‘‘subsection (d)(1)(A)(ii) for ‘‘(i) IN GENERAL.—A State may make available ‘‘(4) ACCESS TO FUNDS.—
each of fiscal years 2016 through 2020’’ and in- up to 100 percent of the funds set aside under ‘‘(A) IN GENERAL.—A State, metropolitan
serting ‘‘subsection (d)(1)(A)(iv) for each fiscal paragraph (1) to the entities described in sub- planning organization required to obligate
year’’; clause (I) if the State submits to the Secretary, funds in accordance with paragraph (2)(A), or
(B) by inserting ‘‘rural’’ after ‘‘functionally and the Secretary approves, a plan that de- an entity required to obligate funds in accord-
classified as’’; and scribes— ance with paragraph (2)(B) shall develop a com-
(C) by inserting ‘‘or local roads, or on critical ‘‘(I) how such funds shall be made available petitive process to allow eligible entities to sub-
rural freight corridors designated under section to metropolitan planning organizations, re- mit projects for funding that achieve the objec-
167(e)’’ after ‘‘minor collectors’’. gional transportation planning organizations, tives of this subsection. A metropolitan planning
(b) CLERICAL AMENDMENT.—The analysis for counties, or other regional transportation au- organization for an area described in subsection
chapter 1 of title 23, United States Code, is thorities; (d)(1)(A)(i) shall select projects under such proc-
amended by striking the item relating to section ‘‘(II) how the entities described in subclause ess in consultation with the relevant State.
133 and inserting the following: (I) shall select projects for funding and how ‘‘(B) ELIGIBLE ENTITY DEFINED.—In this para-
‘‘133. Surface transportation program.’’. such entities shall report selected projects to the graph, the term ‘eligible entity’ means—
(c) CONFORMING AMENDMENTS.— State; ‘‘(i) a local government, including a county or
(1) ADVANCE ACQUISITION OF REAL PROP- ‘‘(III) the legal, financial, and technical ca- multi-county special district;
ERTY.—Section 108(c) of title 23, United States pacity of such entities; and ‘‘(ii) a regional transportation authority;
Code, is amended— ‘‘(IV) the procedures in place to ensure such ‘‘(iii) a transit agency;
(A) in paragraph (2)(A) by striking ‘‘block entities comply with the requirements of this ‘‘(iv) a natural resource or public land agen-
grant’’; and title. cy;
(B) in paragraph (3) by striking ‘‘block ‘‘(ii) REQUIREMENT.—A State that makes ‘‘(v) a school district, local education agency,
grant’’. funding available under a plan approved under or school;
(2) PUBLIC TRANSPORTATION.—Section this subparagraph shall make available an ‘‘(vi) a tribal government;
142(e)(2) of title 23, United States Code, is equivalent amount of obligation authority to an ‘‘(vii) a metropolitan planning organization
amended by striking ‘‘block grant’’. entity described in clause (i)(I) to whom funds that serves an urbanized area with a population
(3) HIGHWAY USE TAX EVASION PROJECTS.—Sec- are made available under this subparagraph. of 200,000 or fewer;
tion 143(b)(8) of title 23, United States Code, is ‘‘(3) ELIGIBLE PROJECTS.—Funds set aside ‘‘(viii) a nonprofit organization carrying out
amended in the heading by striking ‘‘BLOCK under this subsection may be obligated for any activities related to transportation;
GRANT’’. of the following projects or activities: ‘‘(ix) any other local or regional governmental
(4) CONGESTION MITIGATION AND AIR QUALITY ‘‘(A) Construction, planning, and design of entity with responsibility for or oversight of
IMPROVEMENT PROGRAM.—Section 149(d) of title on-road and off-road trail facilities for pedes- transportation or recreational trails (other than
23, United States Code, is amended— trians, bicyclists, and other nonmotorized forms a metropolitan planning organization that
(A) in paragraph (1)(B) by striking ‘‘block of transportation, including sidewalks, bicycle serves an urbanized area with a population of
grant’’; and infrastructure, pedestrian and bicycle signals, over 200,000 or a State agency) that the State
(B) in paragraph (2)(A) by striking ‘‘block traffic calming techniques, lighting and other determines to be eligible, consistent with the
grant’’. safety-related infrastructure, and transpor- goals of this subsection; and
(5) TERRITORIAL AND PUERTO RICO HIGHWAY tation projects to achieve compliance with the ‘‘(x) a State, at the request of any entity listed
PROGRAM.—Section 165 of title 23, United States Americans with Disabilities Act of 1990 (42 in clauses (i) through (ix).
Code, is amended— U.S.C. 12101 et seq.). ‘‘(5) CONTINUATION OF CERTAIN RECREATIONAL
(A) in subsection (b)(2)(A)(ii) by striking ‘‘(B) Construction, planning, and design of TRAILS PROJECTS.—
‘‘block grant’’ each time such term appears; and infrastructure-related projects and systems that ‘‘(A) IN GENERAL.—For each fiscal year, a
(B) in subsection (c)(6)(A)(i) by striking will provide safe routes for nondrivers, includ- State shall—
‘‘block grant’’. ing children, older adults, and individuals with ‘‘(i) obligate an amount of funds set aside
(6) MAGNETIC LEVITATION TRANSPORTATION disabilities to access daily needs. under this subsection equal to 175 percent of the
TECHNOLOGY DEPLOYMENT PROGRAM.—Section ‘‘(C) Conversion and use of abandoned rail- amount of the funds apportioned to the State
322(h)(3) of title 23, United States Code, is road corridors for trails for pedestrians, for fiscal year 2009 under section 104(h)(2), as in
amended by striking ‘‘block grant’’. bicyclists, or other nonmotorized transportation effect on the day before the date of enactment of
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(7) TRAINING AND EDUCATION.—Section users. MAP–21, for projects relating to recreational
504(a)(4) of title 23, United States Code, is ‘‘(D) Construction of turnouts, overlooks, and trails under section 206;
amended by striking ‘‘block grant’’. viewing areas. ‘‘(ii) return 1 percent of the funds described in
SEC. 1206. TRANSPORTATION ALTERNATIVES ‘‘(E) Community improvement activities, in- clause (i) to the Secretary for the administration
PROGRAM. cluding— of such program; and
Section 133(h) of title 23, United States Code, ‘‘(i) inventory, control, or removal of outdoor ‘‘(iii) comply with the provisions of the admin-
is amended to read as follows: advertising; istration of the recreational trails program
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2717
under section 206, including the use of appor- use not more than 50 percent of the funds set ‘‘(II) cannot meet the load and traffic require-
tioned funds described in subsection (d)(3)(A) of aside under this subsection for an urbanized ments typical of the regional transportation net-
such section. area described in subsection (d)(1)(A)(i) for any work; and
‘‘(B) STATE FLEXIBILITY.—A State may opt out purpose eligible under subsection (b). ‘‘(iv) the total person miles traveled over
of the recreational trails program under this ‘‘(ii) RESTRICTION.—Funds may be used as de- bridges that—
paragraph if the Governor of the State notifies scribed in clause (i) only if the Secretary cer- ‘‘(I) do not meet current geometric design
the Secretary not later than 30 days prior to the tifies that the metropolitan planning organiza- standards; or
date on which an apportionment is made under tion— ‘‘(II) cannot meet the load and traffic require-
section 104 for any fiscal year. ‘‘(I) held a competition in compliance with the ments typical of the regional transportation net-
‘‘(6) IMPROVING ACCESSIBILITY AND EFFI- requirements of this subsection in such form as work.
CIENCY.— the Secretary determines appropriate; and ‘‘(2) BRIDGES ON PUBLIC ROADS.—
‘‘(A) IN GENERAL.—A State may use an ‘‘(A) MINIMUM BRIDGE INVESTMENT.—Exclud-
‘‘(II) demonstrates that there were not suffi-
amount equal to not more than 5 percent of the ing the amounts described in subparagraph (C),
cient suitable applications from eligible entities
funds set aside for the State under this sub- of the total funds apportioned to a State under
to use the funds described in clause (i).
section, after allocating funds in accordance paragraphs (1) and (2) of section 104(b) for fiscal
‘‘(9) ANNUAL REPORTS.—
with paragraph (2)(A), to improve the ability of years 2022 to 2025, a State shall obligate not less
‘‘(A) IN GENERAL.—Each State or metropolitan
applicants to access funding for projects under than 20 percent for projects described in sub-
planning organization responsible for carrying
this subsection in an efficient and expeditious paragraph (E).
out the requirements of this subsection shall ‘‘(B) PROGRAM FLEXIBILITY.—A State required
manner by providing— submit to the Secretary an annual report that
‘‘(i) to applicants for projects under this sub- to obligate funds under subparagraph (A) may
describes— use any combination of funds apportioned to a
section application assistance, technical assist- ‘‘(i) the number of project applications re-
ance, and assistance in reducing the period of State under paragraphs (1) and (2) of section
ceived for each fiscal year, including— 104(b).
time between the selection of the project and the ‘‘(I) the aggregate cost of the projects for ‘‘(C) LIMITATION.—Amounts described below
obligation of funds for the project; and which applications are received; and may not be used for the purposes of calculating
‘‘(ii) funding for 1 or more full-time State em- ‘‘(II) the types of projects to be carried out, or meeting the minimum bridge investment re-
ployee positions to administer this subsection. expressed as percentages of the total apportion-
‘‘(B) USE OF FUNDS.—Amounts used under quirement under subparagraph (A)—
ment of the State under this subsection; and ‘‘(i) amounts described in section 133(d)(1)(A);
subparagraph (A) may be expended— ‘‘(ii) the list of each project selected for fund- ‘‘(ii) amounts set aside under section 133(h);
‘‘(i) directly by the State; or ing for each fiscal year, including specifying the and
‘‘(ii) through contracts with State agencies, fiscal year for which the project was selected, ‘‘(iii) amounts described in section 505(a).
private entities, or nonprofit entities. the fiscal year in which the project is antici- ‘‘(D) RULE OF CONSTRUCTION.—Nothing in this
‘‘(7) FEDERAL SHARE.— pated to be funded, the recipient, the location, section shall be construed to prohibit the ex-
‘‘(A) FLEXIBLE MATCH.— the type, and a brief description. penditure of funds described in subparagraph
‘‘(i) IN GENERAL.—Notwithstanding section ‘‘(B) PUBLIC AVAILABILITY.—The Secretary (C) for bridge projects eligible under such sec-
120— shall make available to the public, in a user- tion.
‘‘(I) the non-Federal share for a project under friendly format on the website of the Depart- ‘‘(E) ELIGIBLE PROJECTS.—Funds required to
this subsection may be calculated on a project, ment of Transportation, a copy of each annual be obligated in accordance with paragraph
multiple-project, or program basis; and report submitted under subparagraph (A).’’. (2)(A) may be obligated for projects or activities
‘‘(II) the Federal share of the cost of an indi- that—
SEC. 1207. BRIDGE INVESTMENT.
vidual project in this subsection may be up to ‘‘(i) are otherwise eligible under either section
100 percent. (a) IN GENERAL.—Section 144 of title 23,
United States Code, is amended— 119 or section 133, as applicable;
‘‘(ii) AGGREGATE NON-FEDERAL SHARE.—The ‘‘(ii) support the achievement of performance
average annual non-Federal share of the total (1) in the section heading by striking ‘‘Na-
targets of the State established under section 150
cost of all projects for which funds are obligated tional bridge and tunnel inventory and in-
or provide support for the condition and per-
under this subsection in a State for a fiscal year spection standards’’ and inserting ‘‘Bridges
formance of bridges on public roads within the
shall be not less than the non-Federal share au- and tunnels’’;
State; and
thorized for the State under section 120(b). (2) in subsection (a)(1)(B) by striking ‘‘defi- ‘‘(iii) remove a bridge classified as in poor
‘‘(iii) REQUIREMENT.—This subparagraph cient’’; condition in order to improve community
shall only apply to a State if such State has (3) in subsection (b)(5) by striking ‘‘struc- connectivity, or replace, reconstruct, rehabili-
adequate financial controls, as certified by the turally deficient bridge’’ and inserting ‘‘bridge tate, preserve, or protect a bridge included on
Secretary, to account for the average annual classified as in poor condition’’; the national bridge inventory authorized by
non-Federal share under this subparagraph. (4) in subsection (d)— subsection (b), including through—
‘‘(B) SAFETY PROJECTS.—Notwithstanding sec- (A) in paragraph (2) by striking ‘‘Not later ‘‘(I) seismic retrofits;
tion 120, funds made available to carry out sec- than 2 years after the date of enactment of the ‘‘(II) systematic preventive maintenance;
tion 148 may be credited toward the non-Federal MAP–21, each’’ and inserting ‘‘Each’’; and ‘‘(III) installation of scour countermeasures;
share of the costs of a project under this sub- (B) by striking paragraph (4); ‘‘(IV) the use of innovative materials that ex-
section if the project— (5) in subsection (j)— tend the service life of the bridge and reduce
‘‘(i) is a project described in section 148(e)(1); (A) in paragraph (2) by inserting ‘‘, 124,’’ preservation costs, as compared to convention-
and after ‘‘section 119’’; ally designed and constructed bridges;
‘‘(ii) is consistent with the State strategic (B) in paragraph (3)(A) by inserting ‘‘, 124,’’ ‘‘(V) the use of nontraditional production
highway safety plan (as defined in section after ‘‘section 119’’; and techniques, including factory prefabrication;
148(a)). (C) in paragraph (5) by striking ‘‘financial ‘‘(VI) painting for purposes of bridge protec-
‘‘(8) FLEXIBILITY.— characteristics’’ and all that follows through tion;
‘‘(A) STATE AUTHORITY.— the end and inserting ‘‘Federal share.’’; and ‘‘(VII) application of calcium magnesium ace-
‘‘(i) IN GENERAL.—A State may use not more (6) by adding at the end the following: tate, sodium acetate/formate, or other environ-
than 50 percent of the funds set aside under this ‘‘(l) HIGHWAY BRIDGE REPLACEMENT AND RE- mentally acceptable, minimally corrosive anti-
subsection that are available for obligation in HABILITATION.— icing and deicing compositions;
‘‘(1) GOALS.—The goals of this subsection ‘‘(VIII) corrosion control;
any area of the State (suballocated consistent
shall be to— ‘‘(IX) construction of protective features (in-
with the requirements of subsection (d)(1)(B))
‘‘(A) support the achievement of a state of cluding natural infrastructure) alone or in com-
for any purpose eligible under subsection (b).
good repair for the Nation’s bridges; bination with other activities eligible under this
‘‘(ii) RESTRICTION.—Funds may be used as de-
‘‘(B) improve the safety, efficiency, and reli- paragraph to enhance resilience of a bridge;
scribed in clause (i) only if the State dem- ‘‘(X) bridge security countermeasures;
onstrates to the Secretary— ability of the movement of people and freight
‘‘(XI) impact protection measures for bridges;
‘‘(I) that the State held a competition in com- over bridges; and ‘‘(XII) inspection and evaluation of bridges;
pliance with the requirements of this subsection ‘‘(C) improve the condition of bridges in the and
in such form as the Secretary determines appro- United States by reducing— ‘‘(XIII) training for bridge inspectors con-
priate; ‘‘(i) the number of bridges— sistent with subsection (i).
‘‘(II) that the State offered technical assist- ‘‘(I) in poor condition; or ‘‘(F) BUNDLES OF PROJECTS.—A State may use
ance to all eligible entities and provided such ‘‘(II) in fair condition and at risk of falling a bundle of projects as described in subsection
assistance upon request by an eligible entity; into poor condition; (j) to satisfy the requirements of subparagraph
and ‘‘(ii) the total person miles traveled over (A), if each project in the bundle is otherwise el-
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‘‘(III) that there were not sufficient suitable bridges— igible under subparagraph (E).
applications from eligible entities to use the ‘‘(I) in poor condition; or ‘‘(G) FLEXIBILITY.—The Secretary may, at the
funds described in clause (i). ‘‘(II) in fair condition and at risk of falling request of a State, reduce the required obliga-
‘‘(B) MPO AUTHORITY.— into poor condition; tion under subparagraph (A) if—
‘‘(i) IN GENERAL.—A metropolitan planning or- ‘‘(iii) the number of bridges that— ‘‘(i) the reduction is consistent with a State’s
ganization that represents an urbanized area ‘‘(I) do not meet current geometric design asset management plan for the National High-
with a population of greater than 200,000 may standards; or way System;
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H2718 CONGRESSIONAL RECORD — HOUSE June 30, 2020
‘‘(ii) the reduction will not limit a State’s abil- ‘‘(xviii) Safe routes to school infrastructure- to vulnerable road users and the plan of the
ity to meet its performance targets under section related projects eligible under section 211.’’; State or metropolitan planning organization to
150 or to improve the condition and performance (iv) in clause (xxvi) by inserting ‘‘or leading improve the safety of vulnerable road users de-
of bridges on public roads within the State; and pedestrian intervals’’ after ‘‘hybrid beacons’’; scribed in subsection (l).’’;
‘‘(iii) the State demonstrates that it has inad- and (2) in subsection (c)—
equate needs to justify the expenditure. (v) by striking clause (xxviii) and inserting the (A) in paragraph (1) by striking ‘‘(a)(11)’’ and
‘‘(H) BRIDGE INVESTMENT REPORT.—The Sec- following: inserting ‘‘(a)(13)’’; and
retary shall annually publish on the website of ‘‘(xxviii) A pedestrian security feature de- (B) in paragraph (2)—
the Department of Transportation a bridge in- signed to slow or stop a motor vehicle. (i) in subparagraph (A)(vi) by inserting ‘‘,
vestment report that includes— ‘‘(xxix) Installation of infrastructure improve- consistent with the vulnerable road user safety
‘‘(i) the total Federal funding obligated for ments, including sidewalks, crosswalks, signage, assessment’’ after ‘‘nonmotorized crashes’’;
bridge projects in the most recent fiscal year, on and bus stop shelters or protected waiting (ii) in subparagraph (B)(i)—
a State-by-State basis and broken out by Fed- areas.’’; (I) by inserting ‘‘, consistent with a safe sys-
eral program; (B) in paragraph (11)— tem approach,’’ after ‘‘identify’’;
‘‘(ii) the total Federal funding obligated, on a (II) by inserting ‘‘excessive design speeds and
(i) in subparagraph (A)—
State-by-State basis and broken out by Federal speed limits,’’ after ‘‘crossing needs,’’; and
(I) in clause (ix) by striking ‘‘and’’ at the end;
(III) by striking ‘‘motorists (including motor-
program, for bridge projects carried out pursu- (II) by redesignating clause (x) as clause (xi);
cyclists), bicyclists, pedestrians, and other high-
ant to the minimum bridge investment require- and
way users’’ and inserting ‘‘road users’’; and
ments under subparagraph (A); (III) by inserting after clause (ix) the fol- (iii) in subparagraph (D)(iii) by striking ‘‘mo-
‘‘(iii) the progress made by each State toward lowing:
torists (including motorcyclists), bicyclists, pe-
meeting the minimum bridge investment require- ‘‘(x) State or local representatives of edu-
destrians, persons with disabilities, and other
ment under subparagraph (A) for such State, cational agencies to address safe routes to
highway users’’ and inserting ‘‘road users’’;
both cumulatively and for the most recent fiscal school and schoolbus safety; and’’; (3) in subsection (d)—
year; (ii) in subparagraph (E) by inserting ‘‘Trib- (A) in paragraph (1)—
‘‘(iv) a summary of— al,’’ after ‘‘State,’’; (i) in subparagraph (A) by striking ‘‘Not later
‘‘(I) each request made under subparagraph (iii) by redesignating subparagraphs (G), (H), than 1 year after the date of enactment of the
(G) by a State for a reduction in the minimum and (I) as subparagraphs (H), (I), and (J), re- MAP–21, the’’ and inserting ‘‘The’’; and
bridge investment requirement under subpara- spectively; and (ii) in subparagraph (B)—
graph (A); and (iv) by inserting after subparagraph (F) the (I) in clause (iv) by inserting ‘‘and serious in-
‘‘(II) for each request described in subclause following: jury’’ after ‘‘fatality’’;
(I) that is granted by the Secretary— ‘‘(G) includes a vulnerable road user safety (II) in clause (vii) by striking ‘‘; and’’ and in-
‘‘(aa) the percentage and dollar amount of the assessment described under paragraph (16);’’; serting a semicolon;
reduction; and (C) by redesignating paragraphs (10), (11), (III) by redesignating clause (viii) as clause
‘‘(bb) an explanation of how the State met and (12) as paragraphs (12), (13), and (14), re- (ix); and
each of the criteria described in subparagraph spectively; (IV) by inserting after clause (vii) the fol-
(G); and (D) by inserting after paragraph (9) the fol- lowing:
‘‘(v) a summary of— lowing: ‘‘(viii) the findings of a vulnerable road user
‘‘(I) each request made by a State for a reduc- ‘‘(10) SAFE SYSTEM APPROACH.—The term ‘safe safety assessment of the State; and’’; and
tion in the obligation requirements under sec- system approach’ means a roadway design that (B) in paragraph (2)(B)(i) by striking ‘‘sub-
tion 133(f); and emphasizes minimizing the risk of injury or fa- section (a)(11)’’ and inserting ‘‘subsection
‘‘(II) for each request that is granted by the tality to road users and that— (a)(13)’’;
Secretary— ‘‘(A) takes into consideration the possibility (4) in subsection (e)—
‘‘(aa) the percentage and dollar amount of the and likelihood of human error; (A) in paragraph (1)(C) by striking ‘‘, without
reduction; and ‘‘(B) accommodates human injury tolerance regard to whether the project is included in an
‘‘(bb) an explanation of how the Secretary by taking into consideration likely crash types, applicable State strategic highway safety plan’’;
made the determination under section resulting impact forces, and the human body’s and
133(f)(2)(B). ability to withstand such forces; and (B) by adding at the end the following:
‘‘(I) OFF-SYSTEM BRIDGES.—A State may apply ‘‘(C) takes into consideration vulnerable road ‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFETY
amounts obligated under this subsection or sec- PROJECTS.—
users.
tion 133(f)(2)(A) to the obligation requirements ‘‘(A) IN GENERAL.—To advance the implemen-
‘‘(11) SPECIFIED SAFETY PROJECT.—
of both this subsection and section 133(f). tation of a State strategic highway safety plan,
‘‘(A) IN GENERAL.—The term ‘specified safety
‘‘(J) NHS PENALTY.—A State may apply a State may use not more than 10 percent of the
project’ means a project carried out for the pur-
amounts obligated under this subsection or sec- amounts apportioned to the State under section
pose of safety under any other section of this
tion 119(f)(2) to the obligation requirements of 104(b)(3) for a fiscal year to carry out specified
title that is consistent with the State strategic
both this subsection and section 119(f)(2). safety projects.
highway safety plan.
‘‘(K) COMPLIANCE.—If a State fails to satisfy ‘‘(B) RULE OF STATUTORY CONSTRUCTION.—
‘‘(B) INCLUSION.—The term ‘specified safety
the requirements of subparagraph (A) by the Nothing in this paragraph shall be construed to
project’ includes a project that—
end of fiscal year 2025, the Secretary may sub- require a State to revise any State process, plan,
‘‘(i) promotes public awareness and informs
ject the State to appropriate program sanctions or program in effect on the date of enactment of
the public regarding highway safety matters (in-
under section 1.36 of title 23, Code of Federal this paragraph.
cluding safety for motorcyclists, bicyclists, pe-
Regulations (or successor regulations).’’. ‘‘(C) EFFECT OF PARAGRAPH.—
destrians, individuals with disabilities, and ‘‘(i) REQUIREMENTS.—A project funded under
(b) CLERICAL AMENDMENT.—The analysis for other road users);
chapter 1 of title 23, United States Code, is this paragraph shall be subject to all require-
‘‘(ii) facilitates enforcement of traffic safety ments under this section that apply to a high-
amended by striking the item relating to section laws;
144 and inserting the following: way safety improvement project.
‘‘(iii) provides infrastructure and infrastruc- ‘‘(ii) OTHER APPORTIONED PROGRAMS.—Sub-
‘‘144. Bridges and tunnels.’’. ture-related equipment to support emergency paragraph (A) shall not apply to amounts that
SEC. 1208. CONSTRUCTION OF FERRY BOATS AND services; may be obligated for noninfrastructure projects
FERRY TERMINAL FACILITIES. ‘‘(iv) conducts safety-related research to apportioned under any other paragraph of sec-
Section 147 of title 23, United States Code, is evaluate experimental safety countermeasures or tion 104(b).’’;
amended— equipment; or (5) in subsection (g)—
(1) by striking subsection (h); and ‘‘(v) supports safe routes to school noninfra- (A) by amending paragraph (1) to read as fol-
(2) by redesignating subsections (i) and (j) as structure-related activities described under sec- lows:
subsections (h) and (i), respectively. tion 211(e)(2).’’; and ‘‘(1) HIGH-RISK RURAL ROAD SAFETY.—
SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PRO- (E) by adding at the end the following: ‘‘(A) IN GENERAL.—If a State determines that
GRAM. ‘‘(15) VULNERABLE ROAD USER.—The term the fatality rate on rural roads in such State for
(a) IN GENERAL.—Section 148 of title 23, ‘vulnerable road user’ means a nonmotorist— the most recent 2-year period for which data are
United States Code, is amended— ‘‘(A) with a fatality analysis reporting system available exceeds the median fatality rate for
(1) in subsection (a)— person attribute code that is included in the def- rural roads among all States, that State shall be
(A) in paragraph (4)(B)— inition of the term ‘number of non-motorized fa- required to—
(i) by striking ‘‘only includes a project’’ and talities’ in section 490.205 of title 23, Code of ‘‘(i) obligate over the 2 fiscal years following
inserting ‘‘includes a project’’; Federal Regulations (or successor regulation); or the fiscal year in which such determination is
dlhill on DSK120RN23PROD with HOUSE
(ii) in clause (xiii) by inserting ‘‘, including ‘‘(B) described in the term ‘number of non-mo- made for projects on high-risk rural roads an
the development of a vulnerable road user safety torized serious injuries’ in such section. amount not less than 7.5 percent of the amounts
assessment or a vision zero plan under section ‘‘(16) VULNERABLE ROAD USER SAFETY ASSESS- apportioned to the State under section 104(b)(3)
1601 of the INVEST in America Act’’ after ‘‘safe- MENT.—The term ‘vulnerable road user safety for fiscal year 2020; and
ty planning’’; assessment’ means an assessment of the safety ‘‘(ii) include, in the subsequent update to the
(iii) by amending clause (xviii) to read as fol- performance of the State or a metropolitan plan- State strategic highway safety plan, strategies
lows: ning organization within the State with respect to reduce the fatality rate.
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2719
‘‘(B) SOURCE OF FUNDS.—Any amounts obli- ‘‘(ii) OTHER METROPOLITAN PLANNING ORGANI- (c) HIGH-RISK RURAL ROADS.—
gated under subparagraph (A) shall be from ZATIONS.—For a metropolitan planning organi- (1) STUDY.—Not later than 2 years after the
amounts described under section 133(d)(1)(B). zation that is not located within a State re- date of enactment of this Act, the Secretary of
‘‘(C) ANNUAL DETERMINATION.—The deter- quired to obligate funds to vulnerable user safe- Transportation shall update the study described
mination described under subparagraph (A) ty under subparagraph (A), the State shall be in paragraph (1) of section 1112(b) of MAP–21
shall be made on an annual basis. required to obligate from amounts apportioned (23 U.S.C. 148 note).
‘‘(D) CONSULTATION.—In carrying out a under section 104(b)(3) for projects described in (2) PUBLICATION OF REPORT.—Not later than 2
project with an amount obligated under sub- subsection (l)(7).’’; years after the date of enactment of this Act,
paragraph (A), a State shall consult with, as (6) in subsection (h)(1)(A) by inserting ‘‘, in- the Secretary shall publish on the website of the
applicable, local governments, metropolitan cluding any efforts to reduce vehicle speed’’ Department of Transportation an updated re-
planning organizations, and regional transpor- after ‘‘under this section’’; and port of the report described in paragraph (2) of
tation planning organizations.’’; (7) by adding at the end the following: section 1112(b) of MAP–21 (23 U.S.C. 148 note).
(B) in paragraph (2)— ‘‘(l) VULNERABLE ROAD USER SAFETY ASSESS- (3) BEST PRACTICES MANUAL.—Not later than
(i) in the heading by striking ‘‘DRIVERS’’ and MENT.— 180 days after the date of submission of the re-
inserting ‘‘ROAD USERS’’; and ‘‘(1) IN GENERAL.—Not later than 1 year after port described in paragraph (2), the Secretary
(ii) by striking ‘‘address the increases in’’ and date of enactment of the INVEST in America shall update the best practices manual described
inserting ‘‘reduce’’; and Act, each State shall create a vulnerable road in section 1112(b)(3) of MAP–21 (23 U.S.C. 148
(C) by adding at the end the following: user safety assessment. note).
‘‘(3) VULNERABLE ROAD USER SAFETY.— ‘‘(2) CONTENTS.—A vulnerable road user safe-
‘‘(A) IN GENERAL.—Beginning on the date of SEC. 1210. CONGESTION MITIGATION AND AIR
ty assessment required under paragraph (1) QUALITY IMPROVEMENT PROGRAM.
enactment of the INVEST in America Act, if a shall include—
State determines that the number of vulnerable Section 149 of title 23, United States Code, is
‘‘(A) a description of the location within the
road user fatalities and serious injuries per cap- amended—
State of each vulnerable road user fatality and
ita in such State over the most recent 2-year pe- (1) in subsection (b)—
serious injury and the design speed of the road-
riod for which data are available exceeds the (A) in paragraph (1)(A)(ii) by striking ‘‘sub-
way at any such location;
median number of such fatalities and serious in- section (h)’’ and inserting ‘‘subsection (i)’’;
‘‘(B) a description of any corridors identified
juries per capita among all States, that State (B) in paragraph (7) by inserting ‘‘shared
by a State, in coordination with local govern-
shall be required to obligate over the 2 fiscal micromobility (including bikesharing and shared
ments, metropolitan planning organizations,
years following the fiscal year in which such de- scooter systems),’’ after ‘‘carsharing,’’;
and regional transportation planning organiza-
termination is made an amount that is not less (C) in paragraph (8)(B) by striking ‘‘; or’’ and
tions that pose a high risk of a vulnerable road
than 50 percent of the amount set aside in such inserting a semicolon;
user fatality or serious injury and the design
State under section 133(h)(1) for fiscal year 2020, (D) in paragraph (9) by striking the period
speeds of such corridors; and
less any amounts obligated by a metropolitan ‘‘(C) a program of projects or strategies to re- and inserting ‘‘; or’’; and
(E) by adding at the end the following:
planning organization in the State as required duce safety risks to vulnerable road users in cor-
‘‘(10) if the project or program mitigates sea-
by subparagraph (D), for— ridors identified under subparagraph (B), in co-
‘‘(i) in the first fiscal year— sonal or temporary traffic congestion from long-
ordination with local governments, metropolitan
‘‘(I) performing the vulnerable user safety as- haul travel or tourism.’’;
planning organizations, and regional transpor-
sessment as prescribed by subsection (l); (2) in subsection (c)—
tation planning organizations that represent a
‘‘(II) providing matching funds for transpor- (A) in paragraph (2)—
high-risk area identified under subparagraph
tation alternatives safety project as identified in (i) in the heading by inserting ‘‘, HYDROGEN
(B).
section 133(h)(7)(B); and VEHICLE,’’ after ‘‘ELECTRIC VEHICLE’’;
‘‘(3) ANALYSIS.—In creating a vulnerable road
‘‘(III) projects eligible under section user safety assessment under this subsection, a (ii) by inserting ‘‘hydrogen or’’ after ‘‘charg-
133(h)(3)(A), (B), (C), or (I); and State shall assess the last 5 years of available ing stations or’’; and
‘‘(ii) in each fiscal year thereafter, the pro- (iii) by inserting ‘‘, hydrogen-powered,’’ after
data.
gram of projects identified in subsection ‘‘(4) REQUIREMENTS.—In creating a vulnerable ‘‘battery powered’’; and
(l)(2)(C). road user safety assessment under this sub- (B) in paragraph (3) by inserting ‘‘, and is
‘‘(B) SOURCE OF FUNDS.—Any amounts obli- section, a State shall— consistent with section 166’’ after ‘‘travel
gated under subparagraph (A) shall be from ‘‘(A) take into consideration a safe system ap- times’’; and
amounts described in section 133(d)(1)(B). proach; and (3) by striking subsection (m) and inserting
‘‘(C) ANNUAL DETERMINATION.—The deter- ‘‘(B) coordinate with local governments, met- the following:
mination described under subparagraph (A) ropolitan planning organizations, and regional ‘‘(m) OPERATING ASSISTANCE.—
shall be made on an annual basis. transportation planning organizations that rep- ‘‘(1) PROJECTS.—A State may obligate funds
‘‘(D) METROPOLITAN PLANNING AREA WITH EX- resent a high-risk area identified under para- apportioned under section 104(b)(4) in an area
CESSIVE FATALITIES AND SERIOUS INJURIES PER graph (2)(B). of such State that is otherwise eligible for obli-
CAPITA.— ‘‘(5) UPDATE.—A State shall update a vulner- gations of such funds for operating costs under
‘‘(i) ANNUAL DETERMINATION.—Beginning on able road user safety assessment on the same chapter 53 of title 49 or on a system for which
the date of enactment of the INVEST in America schedule as the State updates the State strategic CMAQ funding was made available, obligated,
Act, a metropolitan planning organization rep- highway safety plan. or expended in fiscal year 2012, or, notwith-
resenting an urbanized area with a population ‘‘(6) TRANSPORTATION SYSTEM ACCESS.—The standing subsection (b), on a State-supported
greater than 200,000 shall annually determine program of projects developed under paragraph Amtrak route with a cost-sharing agreement
the number of vulnerable user road fatalities (2)(C) may not degrade transportation system under section 209 of the Passenger Rail Invest-
and serious injuries per capita in such area over access for vulnerable road users. ment and Improvement Act of 2008 or alternative
the most recent 2-year period. ‘‘(7) METROPOLITAN PLANNING AREA ASSESS- cost allocation under section 24712(g)(3) of title
‘‘(ii) REQUIREMENT TO OBLIGATE FUNDS.—If MENTS.—A metropolitan planning organization 49.
such a metropolitan planning area organization that represents an urbanized area with a popu- ‘‘(2) TIME LIMITATION.—In determining the
determines that the number of vulnerable user lation greater than 200,000 shall complete a vul- amount of time for which a State may obligate
road fatalities and serious injuries per capita in nerable user safety assessment based on the funds under paragraph (1) for operating assist-
such area over the most recent 2-year period for most recent 5 years of available data, unless an ance for an area of a State or on a system, the
which data are available exceeds the median assessment was completed in the previous five Secretary shall allow such obligations to occur,
number of such fatalities and serious injuries years, including in such area or on such system—
among all urbanized areas with a population of ‘‘(A) a description of the location within the ‘‘(A) with a time limitation of not less than 3
over 200,000, then there shall be obligated over urbanized area of each vulnerable road user fa- years; and
the 2 fiscal years following the fiscal year in tality and serious injury and the design speed of ‘‘(B) in the case of projects that demonstrate
which such determination is made an amount the roadway at any such location; continued net air quality benefits beyond 3
that is not less than 50 percent of the amount ‘‘(B) a description of any corridors that rep- years, as determined annually by the Secretary
set aside for that urbanized area under section resent a high-risk area identified under para- in consultation with the Administrator of the
133(h)(2) for fiscal year 2020 for projects identi- graph (2)(B) that pose a high risk of a vulner- Environmental Protection Agency, with no im-
fied in the program of projects described in sub- able road user fatality or serious injury and the posed time limitation.’’.
section (l)(7)(C). design speeds of such corridors; and SEC. 1211. ELECTRIC VEHICLE CHARGING STA-
‘‘(E) SOURCE OF FUNDS.— ‘‘(C) a program of projects or strategies to re- TIONS.
‘‘(i) METROPOLITAN PLANNING ORGANIZATION duce safety risks to vulnerable road users in cor- (a) ELECTRIC VEHICLE CHARGING STATIONS.—
IN STATE REQUIRED TO OBLIGATE FUNDS.—For a ridors identified under subparagraph (B).’’. Chapter 1 of title 23, United States Code, is
dlhill on DSK120RN23PROD with HOUSE
metropolitan planning organization in a State (b) TECHNICAL AMENDMENT.—Section 148 of amended by inserting after section 154 the fol-
required to obligate funds to vulnerable user title 23, United States Code, is amended— lowing new section:
safety under subparagraph (A), the State shall (1) in the heading for subsection (a)(8) by
be required to obligate from such amounts re- striking ‘‘ROAD USERS’’ and inserting ‘‘ROAD ‘‘§ 155. Electric vehicle charging stations
quired to be obligated for vulnerable road user USER’’; and ‘‘(a) IN GENERAL.—Any electric vehicle charg-
safety under subparagraph (B) for projects de- (2) in subsection (i)(2)(D) by striking ‘‘safety ing infrastructure funded under this title shall
scribed in subsection (l)(7). safety’’ and inserting ‘‘safety’’. be subject to the requirements of this section.
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H2720 CONGRESSIONAL RECORD — HOUSE June 30, 2020
‘‘(b) INTEROPERABILITY.— additional 150 miles of critical rural freight cor- provement of mobility on public roads as those
‘‘(1) IN GENERAL.—Electric vehicle charging ridors.’’; factors relate to intercity rail passenger trans-
stations funded under this title shall provide, at (3) in subsection (f) by adding at the end the portation projects under subsection (b)(4).
a minimum, two of the following charging con- following: ‘‘(d) OPERATING EXPENSES.—A State may use
nector types at the location: ‘‘(5) ADDITIONAL MILEAGE.—Notwithstanding not more than 10 percent of the funds provided
‘‘(A) CCS. paragraph (4), a State that has designated at under section 104(b)(9) for the operating ex-
‘‘(B) CHAdeMO. least 90 percent of its maximum mileage de- penses of public transportation and passenger
‘‘(C) An alternative connector that meets ap- scribed in paragraph (4) may designate up to an rail transportation projects.
plicable industry safety standards additional 75 miles of critical urban freight cor- ‘‘(e) SINGLE-OCCUPANCY VEHICLE HIGHWAY
‘‘(2) SAVINGS CLAUSE.—Nothing in this sub- ridors under paragraphs (1) and (2).’’; FACILITIES.—None of the funds provided under
section shall prevent the use of charging types (4) in subsection (h) by striking ‘‘Not later this section may be used for a project that will
other than the connectors described in para- than’’ and all that follows through ‘‘shall pre- result in the construction of new capacity avail-
graph (1) if, at a minimum, such connectors pare’’ and inserting ‘‘As part of the report re- able to single occupant vehicles unless the
meet applicable industry safety standards and quired under section 503(b)(8), the Administrator project consists of a high occupancy vehicle fa-
are compatible with a majority of electric vehi- shall biennially prepare’’; cility and is consistent with section 166.
cles in operation. (5) in subsection (i)— ‘‘(f) EVALUATION.—
‘‘(c) OPEN ACCESS TO PAYMENT.—Electric ve- (A) by striking paragraphs (2) and (3); ‘‘(1) IN GENERAL.—The Secretary shall annu-
hicle charging stations shall provide payment (B) by amending paragraph (4) to read as fol- ally evaluate the progress of each State in car-
methods available to all members of the public to lows: rying out the program under this section by
ensure secure, convenient, and equal access and ‘‘(4) FREIGHT PLANNING.—Notwithstanding comparing the percent change in carbon dioxide
shall not be limited by membership to a par- any other provision of law, a State may not ob- emissions per capita on public roads in the State
ticular payment provider. ligate funds apportioned to the State under sec- calculated as—
‘‘(d) TREATMENT OF PROJECTS.—Notwith- tion 104(b)(5) unless the State has developed, ‘‘(A) the annual carbon dioxide emissions per
standing any other provision of law, any project updated, or amended, as applicable, a freight capita on public roads in the State for the most
to install electric vehicle charging infrastructure plan in accordance with section 70202 of title recent year for which there is data; divided by
shall be treated as if the project is located on a 49.’’; ‘‘(B) the average annual carbon dioxide emis-
Federal-aid highway.’’. (C) in paragraph (5)— sions per capita on public roads in the State in
(b) CLERICAL AMENDMENT.—The analysis for (i) by striking subparagraph (B) and inserting calendar years 2015 through 2019.
chapter 1 of title 23, United States Code, is the following: ‘‘(2) MEASURES.—In conducting the evalua-
amended by inserting after the item relating to ‘‘(B) LIMITATION.—The Federal share of a tion under paragraph (1), the Secretary shall—
section 154 the following new item: project described in subparagraph (C)(xxiii) ‘‘(A) prior to the effective date of the green-
shall fund only elements of such project that house gas performance measures under section
‘‘155. Electric vehicle charging stations.’’.
provide public benefits.’’; and 150(c)(7), use such data as are available, which
(c) ELECTRIC VEHICLE CHARGING SIGNAGE.—
(ii) in subparagraph (C)— may include data on motor fuels usage pub-
The Secretary of Transportation shall update
(I) in clause (iii) by inserting ‘‘and freight lished by the Federal Highway Administration
the Manual on Uniform Traffic Control Devices
management and operations systems’’ after and information on emissions factors or coeffi-
to—
‘‘freight transportation systems’’; and cients published by the Energy Information Ad-
(1) ensure uniformity in providing road users
(II) by amending clause (xxiii) to read as fol- ministration of the Department of Energy; and
direction to electric charging stations that are
lows: ‘‘(B) following the effective date of the green-
open to the public; and
‘‘(xxiii) Freight intermodal or freight rail house gas performance measures under section
(2) allow the use of Specific Service signs for
projects, including— 150(c)(7), use such measures.
electric vehicle charging station providers. ‘‘(g) PROGRESS REPORT.—The Secretary shall
(d) AGREEMENTS RELATING TO THE USE AND ‘‘(I) projects within the boundaries of public
or private freight rail or water facilities (includ- annually issue a carbon pollution reduction
ACCESS OF RIGHTS-OF-WAY OF THE INTERSTATE progress report, to be made publicly available on
SYSTEM.—Section 111 of title 23, United States ing ports);
‘‘(II) projects that provide surface transpor- the website of the Department of Transpor-
Code, is amended by adding at the end the fol- tation, that includes—
lowing: tation infrastructure necessary to facilitate di-
rect intermodal interchange, transfer, and ac- ‘‘(1) the results of the evaluation under sub-
‘‘(f) INTERSTATE SYSTEM RIGHTS-OF WAY.— section (f) for each State; and
‘‘(1) IN GENERAL.—Notwithstanding sub- cess into or out of the facility; and
‘‘(III) any other surface transportation ‘‘(2) a ranking of all the States by the criteria
sections (a) or (b), the Secretary shall permit, under subsection (f), with the States that, for
project to improve the flow of freight into or out
consistent with section 155, the charging of elec- the year covered by such report, have the larg-
of a facility described in subclause (I) or (II).’’;
tric vehicles on rights-of-way of the Interstate est percentage reduction in annual carbon diox-
(D) in paragraph (6) by striking ‘‘paragraph
System in— ide emissions per capita on public roads being
(5)’’ and inserting ‘‘paragraph (3)’’; and
‘‘(A) a rest area; or ranked the highest.
(E) by redesignating paragraphs (4), (5), (6),
‘‘(B) a fringe or corridor parking facility, in- ‘‘(h) HIGH-PERFORMING STATES.—
and (7) as paragraphs (2), (3), (4), and (5), re-
cluding a park and ride facility. ‘‘(1) DESIGNATION.—For purposes of this sec-
spectively; and
‘‘(2) SAVINGS CLAUSE.—Nothing in this sub- tion, each State that is 1 of the 15 highest
(6) in subsection (k)(1)(A)(ii) by striking
section shall permit commercial activities on ranked States, as determined under subsection
‘‘ports-of entry’’ and inserting ‘‘ports-of-entry’’.
rights-of-way of the Interstate System, except as (g)(2), and that achieves a reduction in carbon
SEC. 1213. CARBON POLLUTION REDUCTION.
necessary for the charging of electric vehicles in dioxide emissions per capita on public roads, as
accordance with this subsection.’’. (a) IN GENERAL.—Chapter 1 of title 23, United
determined by the evaluation in subsection (f),
SEC. 1212. NATIONAL HIGHWAY FREIGHT PRO-
States Code, is amended by adding at the end
shall be designated as a high-performing State
GRAM. the following:
for the following fiscal year.
Section 167 of title 23, United States Code, is ‘‘§ 171. Carbon pollution reduction ‘‘(2) USE OF FUNDS.—For each State that is
amended— ‘‘(a) ESTABLISHMENT.—The Secretary shall es- designated as a high-performing State under
(1) in subsection (b)— tablish a carbon pollution reduction program to paragraph (1)—
(A) in paragraph (6) by striking ‘‘; and’’ and support the reduction of greenhouse gas emis- ‘‘(A) notwithstanding section 120, the State
inserting a semicolon; and sions from the surface transportation system. may use funds made available under this title to
(B) by striking paragraph (7) and inserting ‘‘(b) ELIGIBLE PROJECTS.—A project is eligible pay the non-Federal share of a project under
the following: for funding under this section if such project— this section during any year for which such
‘‘(7) to reduce the environmental impacts of ‘‘(1) is expected to yield a significant reduc- State is designated as a high-performing State;
freight movement on the National Highway tion in greenhouse gas emissions from the sur- and
Freight Network, including— face transportation system; ‘‘(B) notwithstanding section 126, the State
‘‘(A) greenhouse gas emissions; ‘‘(2) will help a State meet the greenhouse gas may transfer up to 50 percent of funds appor-
‘‘(B) local air pollution; emissions performance targets established under tioned under section 104(b)(9) to the program
‘‘(C) minimizing, capturing, or treating section 150(c)(7); and under section 104(b)(2) in any year for which
stormwater runoff and addressing other adverse ‘‘(3) is— such State is designated as a high-performing
impacts to water quality; and ‘‘(A) eligible for assistance under this title or State.
‘‘(D) wildlife habitat loss; and under chapter 53 of title 49; or ‘‘(3) TRANSFER.—For each State that is 1 of
‘‘(8) to decrease any adverse impact of freight ‘‘(B) a capital project, as such term is defined the 15 lowest ranked States, as determined
transportation on communities located near in section 22906 of title 49, to improve intercity under subsection (g)(2), the Secretary shall
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freight facilities or freight corridors.’’; rail passenger transportation, provided that the transfer 10 percent of the amount apportioned to
(2) in subsection (e) by adding at the end the project will yield a significant reduction in sin- the State under section 104(b)(2) in the fiscal
following: gle occupant vehicle trips and improve mobility year following the year in which the State is so
‘‘(3) ADDITIONAL MILEAGE.—Notwithstanding on public roads. ranked, not including amounts set aside under
paragraph (2), a State that has designated at ‘‘(c) GUIDANCE.—The Secretary shall issue section 133(d)(1)(A) and under section 133(h) or
least 90 percent of its maximum mileage de- guidance on methods of determining the reduc- 505(a), to the apportionment of the State under
scribed in paragraph (2) may designate up to an tion of single occupant vehicle trips and im- section 104(b)(9).
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2721
‘‘(4) LIMITATION.—The Secretary shall not speed reduction improvements, pedestrian and (A) by striking ‘‘104(b)(3)’’ and inserting
conduct a transfer under paragraph (3)— bicycle crossing improvements, on-street bicycle ‘‘104(b)(4)’’; and
‘‘(A) until the first fiscal year following the facilities, off-street bicycle and pedestrian facili- (B) by striking ‘‘a position’’ and inserting ‘‘at
effective date of greenhouse gas performance ties, secure bicycle parking facilities, and traffic least one full-time positions’’;
measures under section 150(c)(7); and diversion improvements in the vicinity of (2) in subsection (e) by striking ‘‘bicycles’’ and
‘‘(B) with respect to a State in any fiscal year schools. inserting ‘‘pedestrians or bicyclists’’ each place
following the year in which such State achieves ‘‘(B) LOCATION OF PROJECTS.—Infrastructure- such term appears; and
a reduction in carbon dioxide emissions per cap- related projects under subparagraph (A) may be (3) in subsection (j) by striking paragraph (2)
ita on public roads in such year as determined carried out on any public road or any bicycle or and inserting the following:
by the evaluation under subsection (f). pedestrian pathway or trail in the vicinity of ‘‘(2) ELECTRIC BICYCLE.—The term ‘electric bi-
‘‘(i) REPORT.—Not later than 2 years after the schools. cycle’ means mean a bicycle equipped with fully
date of enactment of this section and periodi- ‘‘(2) NONINFRASTRUCTURE-RELATED ACTIVI- operable pedals, a saddle or seat for the rider,
cally thereafter, the Secretary, in consultation TIES.—In addition to projects described in para- and an electric motor of less than 750 watts that
with the Administrator of the Environmental graph (1), a State may obligate funds under this can safely share a bicycle transportation facility
Protection Agency, shall issue a report— section for noninfrastructure-related activities with other users of such facility and meets the
‘‘(1) detailing, based on the best available to encourage walking and bicycling to school, requirements of one of the following three class-
science, what types of projects eligible for assist- including— es:
ance under this section are expected to provide ‘‘(A) public awareness campaigns and out- ‘‘(A) CLASS 1 ELECTRIC BICYCLE.—The term
the most significant greenhouse gas emissions reach to press and community leaders; ‘class 1 electric bicycle’ means an electric bicycle
reductions from the surface transportation sec- ‘‘(B) traffic education and enforcement in the equipped with a motor that provides assistance
tor; and vicinity of schools; only when the rider is pedaling, and that ceases
‘‘(2) detailing, based on the best available ‘‘(C) student sessions on bicycle and pedes- to provide assistance when the bicycle reaches
science, what types of projects eligible for assist- trian safety, health, and environment; the speed of 20 miles per hour.
‘‘(D) programs that address personal safety; ‘‘(B) CLASS 2 ELECTRIC BICYCLE.—The term
ance under this section are not expected to pro-
and ‘class 2 electric bicycle’ means an electric bicycle
vide significant greenhouse gas emissions reduc-
‘‘(E) funding for training, volunteers, and equipped with a motor that may be used exclu-
tions from the surface transportation sector.’’.
managers of safe routes to school programs. sively to propel the bicycle, and that is not ca-
(b) CLERICAL AMENDMENT.—The analysis for
‘‘(3) SAFE ROUTES TO SCHOOL COORDINATOR.— pable of providing assistance when the bicycle
chapter 1 of title 23, United States Code, is
Each State receiving an apportionment under reaches the speed of 20 miles per hour.
amended by adding at the end the following
paragraphs (2) and (3) of section 104(b) shall use ‘‘(C) CLASS 3 ELECTRIC BICYCLE.—The term
new item:
a sufficient amount of the apportionment to ‘class 3 electric bicycle’ means an electric bicycle
‘‘171. Carbon pollution reduction.’’. equipped with a motor that provides assistance
(c) APPLICABILITY.—Subsection (b)(2) of sec- fund a full-time position of coordinator of the
State’s safe routes to school program. only when the rider is pedaling, and that ceases
tion 171 of title 23, United States Code, as added to provide assistance when the bicycle reaches
by this section, shall apply to a State beginning ‘‘(4) RURAL SCHOOL DISTRICT OUTREACH.—A
coordinator described in paragraph (3) shall the speed of 28 miles per hour.’’.
on the first fiscal year following the fiscal year Subtitle C—Project-Level Investments
in which the State sets greenhouse gas perform- conduct outreach to ensure that rural school
ance targets under section 150(d) of title 23, districts in the State are aware of such State’s SEC. 1301. PROJECTS OF NATIONAL AND RE-
safe routes to school program and any funds au- GIONAL SIGNIFICANCE.
United States Code.
thorized by this section. (a) IN GENERAL.—Section 117 of title 23,
SEC. 1214. RECREATIONAL TRAILS.
‘‘(f) FEDERAL SHARE.—The Federal share of United States Code, is amended to read as fol-
Section 206 of title 23, United States Code, is the cost of a project, program, or activity under lows:
amended by adding at the end the following: this section shall be 100 percent. ‘‘§ 117. Projects of national and regional sig-
‘‘(j) USE OF OTHER APPORTIONED FUNDS.— ‘‘(g) CLEARINGHOUSE.— nificance
Funds apportioned to a State under section ‘‘(1) IN GENERAL.—The Secretary shall main-
104(b) that are obligated for recreational trails ‘‘(a) ESTABLISHMENT.—The Secretary shall es-
tain a national safe routes to school clearing- tablish a projects of national and regional sig-
and related projects shall be administered as if house to—
such funds were made available for purposes de- nificance program under which the Secretary
‘‘(A) develop information and educational may make grants to, and establish multiyear
scribed under this section.’’. programs on safe routes to school; and grant agreements with, eligible entities in ac-
SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM. ‘‘(B) provide technical assistance and dissemi- cordance with this section.
(a) IN GENERAL.—Chapter 2 of title 23, United nate techniques and strategies used for success- ‘‘(b) APPLICATIONS.—To be eligible for a grant
States Code, is amended by inserting after sec- ful safe routes to school programs. under this section, an eligible entity shall sub-
tion 210 the following: ‘‘(2) FUNDING.—The Secretary shall carry out mit to the Secretary an application in such
‘‘§ 211. Safe routes to school program this subsection using amounts authorized to be form, in such manner, and containing such in-
‘‘(a) PROGRAM.—The Secretary shall carry out appropriated for administrative expenses under formation as the Secretary may require.
a safe routes to school program for the benefit of section 104(a). ‘‘(c) GRANT AMOUNTS AND PROJECT COSTS.—
children in primary, middle, and high schools. ‘‘(h) TREATMENT OF PROJECTS.—Notwith- ‘‘(1) IN GENERAL.—Each grant made under
‘‘(b) PURPOSES.—The purposes of the program standing any other provision of law, projects this section—
carried out under this section shall be treated as ‘‘(A) shall be in an amount that is at least
shall be—
projects on a Federal-aid highway under chap- $25,000,000; and
‘‘(1) to enable and encourage children, includ-
ter 1 of this title. ‘‘(B) shall be for a project that has eligible
ing those with disabilities, to walk and bicycle
‘‘(i) DEFINITIONS.—In this section, the fol- project costs that are reasonably anticipated to
to school;
lowing definitions apply: equal or exceed the lesser of—
‘‘(2) to make bicycling and walking to school ‘‘(i) $100,000,000; or
a safer and more appealing transportation alter- ‘‘(1) IN THE VICINITY OF SCHOOLS.—The term
‘in the vicinity of schools’ means, with respect ‘‘(ii) in the case of a project—
native, thereby encouraging a healthy and ac- ‘‘(I) located in 1 State or territory, 30 percent
tive lifestyle from an early age; and to a school, the area within bicycling and walk-
ing distance of the school (approximately 2 of the amount apportioned under this chapter to
‘‘(3) to facilitate the planning, development, the State or territory in the most recently com-
and implementation of projects and activities miles).
‘‘(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.— pleted fiscal year; or
that will improve safety and reduce traffic, fuel ‘‘(II) located in more than 1 State or territory,
consumption, and air pollution in the vicinity of The term ‘primary, middle, and high schools’
means schools providing education from kinder- 50 percent of the amount apportioned under this
schools. chapter to the participating State or territory
‘‘(c) USE OF FUNDS.—Amounts apportioned to garten through twelfth grade.’’.
(b) TECHNICAL AND CONFORMING AMEND- with the largest apportionment under this chap-
a State under paragraphs (2) and (3) of section ter in the most recently completed fiscal year.
MENTS.—
104(b) may be used to carry out projects, pro- ‘‘(2) LARGE PROJECTS.—For a project that has
grams, and other activities under this section. (1) REPEAL.—Section 1404 of SAFETEA–LU
eligible project costs that are reasonably antici-
‘‘(d) ELIGIBLE ENTITIES.—Projects, programs, (Public Law 109–59; 119 Stat. 1228–1230), and the
pated to equal or exceed $500,000,000, a grant
and activities funded under this section may be item relating to such section in the table of con-
made under this section—
carried out by eligible entities described under tents in section 1(b) of such Act, are repealed.
‘‘(A) shall be in an amount sufficient to fully
section 133(h)(4)(B) that demonstrate an ability (2) ANALYSIS.—The analysis for chapter 2 of
fund the project, or in the case of a public
to meet the requirements of this section. title 23, United States Code, is amended by in-
transportation project, a minimum operable seg-
‘‘(e) ELIGIBLE PROJECTS AND ACTIVITIES.— serting after the item relating to section 210 the
ment, in combination with other funding
following:
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‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.— sources, including non-Federal financial com-
‘‘(A) IN GENERAL.—A State may obligate funds ‘‘211. Safe routes to school program.’’. mitment, identified in the application; and
under this section for the planning, design, and SEC. 1216. BICYCLE TRANSPORTATION AND PE- ‘‘(B) may be awarded pursuant to the process
construction of infrastructure-related projects DESTRIAN WALKWAYS. under subsection (d), as necessary based on the
that will substantially improve the ability of Section 217 of title 23, United States Code, is amount of the grant.
students to walk and bicycle to school, includ- amended— ‘‘(d) MULTIYEAR GRANT AGREEMENTS FOR
ing sidewalk improvements, traffic calming and (1) in subsection (d)— LARGE PROJECTS.—
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H2722 CONGRESSIONAL RECORD — HOUSE June 30, 2020
‘‘(1) IN GENERAL.—A large project that re- ‘‘(2) LIMITATION.— ‘‘(2) ADDITIONAL CONSIDERATIONS.—In award-
ceives a grant under this section may be carried ‘‘(A) CERTAIN FREIGHT PROJECTS.—Projects de- ing a grant under this section, the Secretary
out through a multiyear grant agreement in ac- scribed in clauses (ii) and (iii) of paragraph shall also consider the following:
cordance with this subsection. (1)(C) may receive a grant under this section ‘‘(A) Whether the project serves low-income
‘‘(2) REQUIREMENTS.—A multiyear grant only if— residents of low-income communities, including
agreement for a large project shall— ‘‘(i) the project will make a significant im- areas of persistent poverty, while not displacing
‘‘(A) establish the terms of participation by provement to the movement of freight on the Na- such residents.
the Federal Government in the project; tional Highway System; and ‘‘(B) Whether the project uses innovative
‘‘(B) establish the amount of Federal financial ‘‘(ii) the Federal share of the project funds technologies, innovative design and construc-
assistance for the project; only elements of the project that provide public tion techniques, or pavement materials that
‘‘(C) establish a schedule of anticipated Fed- benefits. demonstrate reductions in greenhouse gas emis-
eral obligations for the project that provides for ‘‘(B) CERTAIN PROJECTS FOR PERSON THROUGH- sions through sequestration or innovative manu-
obligation of the full grant amount by not later PUT.—Projects described in clauses (ii) and (iii) facturing processes and, if so, the degree to
than 4 fiscal years after the fiscal year in which of paragraph (1)(B) may receive a grant under which such technologies, techniques, or mate-
the initial amount is provided; and this section only if the project will make a sig- rials are used.
‘‘(D) determine the period of time for com- nificant improvement in mobility on public ‘‘(C) Whether the project improves
pleting the project, even if such period extends roads. connectivity between modes of transportation
beyond the period of an authorization. ‘‘(f) ELIGIBLE PROJECT COSTS.—An eligible en- moving people or goods in the Nation or region.
‘‘(3) SPECIAL RULES.— tity receiving a grant under this section may use ‘‘(D) Whether the project provides new or im-
‘‘(A) IN GENERAL.—A multiyear grant agree- such grant for— proved connections between at least 2 metropoli-
ment under this subsection— ‘‘(1) development phase activities, including tan areas with a population of at least 500,000.
‘‘(i) shall obligate an amount of available planning, feasibility analysis, revenue fore- ‘‘(i) PROJECT SELECTION.—
casting, environmental review, preliminary engi- ‘‘(1) EVALUATION.—To evaluate applications
budget authority specified in law; and
for funding under this section, the Secretary
‘‘(ii) may include a commitment, contingent neering and design work, and other
shall—
on amounts to be specified in law in advance for preconstruction activities; and
‘‘(A) determine whether a project is eligible for
commitments under this paragraph, to obligate ‘‘(2) construction, reconstruction, rehabilita-
a grant under this section;
an additional amount from future available tion, acquisition of real property (including ‘‘(B) evaluate, through a methodology that is
budget authority specified in law. land related to the project and improvements to discernible and transparent to the public, how
‘‘(B) CONTINGENT COMMITMENT.—A contingent the land), environmental mitigation, construc- each application addresses the merit criteria
commitment under this subsection is not an obli- tion contingencies, acquisition of equipment, pursuant to subsection (h);
gation of the Federal Government under section and operational improvements directly related to ‘‘(C) assign a quality rating for each merit cri-
1501 of title 31. improving system performance. teria for each application based on the evalua-
‘‘(C) INTEREST AND OTHER FINANCING COSTS.— ‘‘(g) PROJECT REQUIREMENTS.—The Secretary tion in subparagraph (B);
‘‘(i) IN GENERAL.—Interest and other financ- may select a project described under this section ‘‘(D) ensure that applications receive final
ing costs of carrying out a part of the project for funding under this section only if the Sec- consideration by the Secretary to receive an
within a reasonable time shall be considered a retary determines that the project— award under this section only on the basis of
cost of carrying out the project under a ‘‘(1) generates significant regional or national such quality ratings and that the Secretary
multiyear grant agreement, except that eligible economic, mobility, safety, resilience, or envi- gives final consideration only to applications
costs may not be more than the cost of the most ronmental benefits; that meet the minimally acceptable level for
favorable financing terms reasonably available ‘‘(2) is cost effective; each of the merit criteria; and
for the project at the time of borrowing. ‘‘(3) is based on the results of preliminary en- ‘‘(E) award grants only to projects rated high-
‘‘(ii) CERTIFICATION.—The applicant shall cer- gineering; ly under the evaluation and rating process.
tify to the Secretary that the applicant has ‘‘(4) has secured or will secure acceptable lev- ‘‘(2) CONSIDERATIONS FOR LARGE PROJECTS.—
shown reasonable diligence in seeking the most els of non-Federal financial commitments, in- In awarding a grant for a large project, the Sec-
favorable financing terms. cluding— retary shall—
‘‘(4) ADVANCE PAYMENT.—An eligible entity ‘‘(A) 1 or more stable and dependable sources ‘‘(A) consider the amount of funds available
carrying out a large project under a multiyear of funding and financing to construct, main- in future fiscal years for the program under this
grant agreement— tain, and operate the project; and section; and
‘‘(A) may use funds made available to the eli- ‘‘(B) contingency amounts to cover unantici- ‘‘(B) assume the availability of funds in fu-
gible entity under this title or title 49 for eligible pated cost increases; ture fiscal years for the program that extend be-
‘‘(5) cannot be easily and efficiently completed yond the period of authorization based on the
project costs of the large project; and
without additional Federal funding or financial amount made available for the program in the
‘‘(B) shall be reimbursed, at the option of the
assistance available to the project sponsor, be- last fiscal year of the period of authorization.
eligible entity, for such expenditures from the
yond existing Federal apportionments; and ‘‘(3) GEOGRAPHIC DISTRIBUTION.—In awarding
amount made available under the multiyear
‘‘(6) is reasonably expected to begin construc- grants under this section, the Secretary shall
grant agreement for the project in that fiscal
tion not later than 18 months after the date of ensure geographic diversity and a balance be-
year or a subsequent fiscal year.
obligation of funds for the project. tween rural and urban communities among
‘‘(e) ELIGIBLE PROJECTS.—
‘‘(h) MERIT CRITERIA AND CONSIDERATIONS.— grant recipients over fiscal years 2022 through
‘‘(1) IN GENERAL.—The Secretary may make a ‘‘(1) MERIT CRITERIA.—In awarding a grant
grant under this section only for a project that 2025.
under this section, the Secretary shall evaluate ‘‘(4) PUBLICATION OF METHODOLOGY.—
is a project eligible for assistance under this title the following merit criteria: ‘‘(A) IN GENERAL.—Prior to the issuance of
or chapter 53 of title 49 and is— ‘‘(A) The extent to which the project supports any notice of funding opportunity for grants
‘‘(A) a bridge project carried out on the Na- achieving a state of good repair. under this section, the Secretary shall publish
tional Highway System, or that is eligible to be ‘‘(B) The level of benefits the project is ex- and make publicly available on the Depart-
carried out under section 165; pected to generate, including— ment’s website—
‘‘(B) a project to improve person throughput ‘‘(i) the costs avoided by the prevention of clo- ‘‘(i) a detailed explanation of the merit cri-
that is— sure or reduced use of the asset to be improved teria developed under subsection (h);
‘‘(i) a highway project carried out on the Na- by the project; ‘‘(ii) a description of the evaluation process
tional Highway System, or that is eligible to be ‘‘(ii) reductions in maintenance costs over the under this subsection; and
carried out under section 165; life of the asset; ‘‘(iii) how the Secretary shall determine
‘‘(ii) a public transportation project; or ‘‘(iii) safety benefits, including the reduction whether a project satisfies each of the require-
‘‘(iii) a capital project, as such term is defined of accidents and related costs; ments under subsection (g).
in section 22906 of title 49, to improve intercity ‘‘(iv) improved person or freight throughput, ‘‘(B) UPDATES.—The Secretary shall update
rail passenger transportation; or including congestion reduction and reliability and make publicly available on the website of
‘‘(C) a project to improve freight throughput improvements; the Department of Transportation such informa-
that is— ‘‘(v) national and regional economic benefits; tion at any time a revision to the information
‘‘(i) a highway freight project carried out on ‘‘(vi) resilience benefits; described in subparagraph (A) is made.
the National Highway Freight Network estab- ‘‘(vii) environmental benefits, including re- ‘‘(C) INFORMATION REQUIRED.—The Secretary
lished under section 167 or on the National duction in greenhouse gas emissions and air shall include in the published notice of funding
Highway System; quality benefits; and opportunity for a grant under this section de-
‘‘(ii) a freight intermodal, freight rail, or rail- ‘‘(viii) benefits to all users of the project, in- tailed information on the rating methodology
way-highway grade crossing or grade separa- cluding pedestrian, bicycle, nonvehicular, rail- and merit criteria to be used to evaluate appli-
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tion project; or road, and public transportation users. cations, or a reference to the information on the
‘‘(iii) within the boundaries of a public or pri- ‘‘(C) How the benefits compare to the costs of website of the Department of Transportation, as
vate freight rail, water (including ports), or the project. required by subparagraph (A).
intermodal facility and that is a surface trans- ‘‘(D) The average number of people or volume ‘‘(j) FEDERAL SHARE.—
portation infrastructure project necessary to fa- of freight, as applicable, supported by the ‘‘(1) IN GENERAL.—The Federal share of the
cilitate direct intermodal interchange, transfer, project, including visitors based on travel and cost of a project carried out with a grant under
or access into or out of the facility. tourism. this section may not exceed 60 percent.
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2723
‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—Fed- ‘‘(E) proposed grant amounts, including for ‘‘(2) GRANT AMOUNT.—The maximum amount
eral assistance other than a grant under this each new multiyear grant agreement, the pro- of a grant under this section shall be $25,000,000.
section may be used to satisfy the non-Federal posed payout schedule for the project; and ‘‘(c) APPLICATIONS.—To be eligible for a grant
share of the cost of a project for which such a ‘‘(F) an analysis of the impacts of any large under this section, an eligible entity shall sub-
grant is made, except that the total Federal as- projects proposed to be selected on existing com- mit to the Secretary an application in such
sistance provided for a project receiving a grant mitments and anticipated funding levels for the form, at such time, and containing such infor-
under this section may not exceed 80 percent of next 4 fiscal years, based on information avail- mation as the Secretary may require.
the total project cost. able to the Secretary at the time of the report. ‘‘(d) ELIGIBLE PROJECT COSTS.—Grant
‘‘(k) TREATMENT OF PROJECTS.— ‘‘(2) COMMITTEE REVIEW.—Before the last day amounts for an eligible project carried out under
‘‘(1) FEDERAL REQUIREMENTS.—The Secretary of the 60-day period described in paragraph (1), this section may be used for—
shall, with respect to a project funded by a each Committee described in paragraph (1) shall ‘‘(1) development phase activities, including
grant under this section, apply— review the Secretary’s list of proposed projects. planning, feasibility analysis, revenue fore-
‘‘(A) the requirements of this title to a high- ‘‘(3) CONGRESSIONAL DISAPPROVAL.—The Sec- casting, environmental review, preliminary engi-
way project; retary may not make a grant or any other obli- neering and design work, and other
‘‘(B) the requirements of chapter 53 of title 49 gation or commitment to fund a project under preconstruction activities; and
to a public transportation project; and this section if a joint resolution is enacted dis- ‘‘(2) construction, reconstruction, rehabilita-
‘‘(C) the requirements of section 22905 of title approving funding for the project before the last tion, acquisition of real property (including
49 to a passenger rail or freight rail project. day of the 60-day period described in paragraph land related to the project and improvements to
‘‘(2) MULTIMODAL PROJECTS.— (1). such land), environmental mitigation, construc-
‘‘(A) IN GENERAL.—Except as otherwise pro- ‘‘(p) TRANSPARENCY.— tion contingencies, acquisition of equipment,
vided in this paragraph, if an eligible project is ‘‘(1) IN GENERAL.—Not later than 30 days after and operational improvements.
a multimodal project, the Secretary shall— awarding a grant for a project under this sec- ‘‘(e) RURAL AND COMMUNITY SETASIDES.—
‘‘(i) determine the predominant modal compo- ‘‘(1) IN GENERAL.—The Secretary shall re-
tion, the Secretary shall send to all applicants,
nent of the project; and serve—
and publish on the website of the Department of
‘‘(ii) apply the applicable requirements of ‘‘(A) not less than 25 percent of the amounts
Transportation—
such predominant modal component to the made available to carry out this section for
‘‘(A) a summary of each application made to
project. projects located in rural areas; and
‘‘(B) EXCEPTIONS.— the program for the grant application period;
and ‘‘(B) not less than 25 percent of the amounts
‘‘(i) PASSENGER OR FREIGHT RAIL COMPO-
‘‘(B) the evaluation and justification for the made available to carry out this section for
NENT.—For any passenger or freight rail compo-
project selection, including ratings assigned to projects located in urbanized areas with a popu-
nent of a project, the requirements of section
all applications and a list of applications that lation greater than 49,999 individuals and fewer
22907(j)(2) of title 49 shall apply.
‘‘(ii) PUBLIC TRANSPORTATION COMPONENT.— received final consideration by the Secretary to than 200,001 individuals.
For any public transportation component of a receive an award under this section, for the ‘‘(2) DEFINITION OF RURAL AREA.—In this sub-
grant application period. section, the term ‘rural area’ means all areas of
project, the requirements of section 5333 of title
‘‘(2) BRIEFING.—The Secretary shall provide, a State or territory not included in urbanized
49 shall apply.
‘‘(C) BUY AMERICA.—In applying the Buy at the request of a grant applicant under this areas.
American requirements under section 313 of this section, the opportunity to receive a briefing to ‘‘(3) EXCESS FUNDING.—If the Secretary deter-
title and sections 5320, 22905(a), and 24305(f) of explain any reasons the grant applicant was not mines that there are insufficient qualified appli-
title 49 to a multimodal project under this para- awarded a grant. cants to use the funds set aside under this sub-
graph, the Secretary shall— ‘‘(q) DEFINITIONS.—In this section: section, the Secretary may use such funds for
‘‘(i) consider the various modal components of ‘‘(1) AREAS OF PERSISTENT POVERTY.—The grants for any projects eligible under this sec-
the project; and term ‘areas of persistent poverty’ has the mean- tion.
‘‘(ii) seek to maximize domestic jobs. ing given such term in section 172(l). ‘‘(f) EVALUATION.—To evaluate applications
‘‘(3) FEDERAL-AID HIGHWAY REQUIREMENTS.— ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible enti- under this section, the Secretary shall—
Notwithstanding any other provision of this ty’ means— ‘‘(1) develop a process to objectively evaluate
subsection, the Secretary shall require recipients ‘‘(A) a State or a group of States; applications on the benefits of the project pro-
of grants under this section to comply with sub- ‘‘(B) a unit of local government, including a posed in such application—
section (a) of section 113 with respect to public metropolitan planning organization, or a group ‘‘(A) to transportation safety, including re-
transportation projects, passenger rail projects, of local governments; ductions in traffic fatalities and serious injuries;
and freight rail projects, in the same manner ‘‘(C) a political subdivision of a State or local ‘‘(B) to state of good repair, including im-
that recipients of grants are required to comply government; proved condition of bridges and pavements;
with such subsection for construction work per- ‘‘(D) a special purpose district or public au- ‘‘(C) to transportation system access, includ-
formed on highway projects on Federal-aid thority with a transportation function, includ- ing improved access to jobs and services; and
highways. ing a port authority; ‘‘(D) in reducing greenhouse gas emissions;
‘‘(l) TIFIA PROGRAM.—At the request of an el- ‘‘(E) a Tribal government or a consortium of ‘‘(2) develop a rating system to assign a nu-
igible entity under this section, the Secretary Tribal governments; meric value to each application, based on each
may use amounts awarded to the entity to pay ‘‘(F) a Federal agency eligible to receive funds of the criteria described in paragraph (1);
subsidy and administrative costs necessary to under section 201, 203, or 204 that applies jointly ‘‘(3) for each application submitted, compare
provide the entity Federal credit assistance with a State or group of States; the total benefits of the proposed project, as de-
under chapter 6 with respect to the project for ‘‘(G) a territory; and termined by the rating system developed under
which the grant was awarded. ‘‘(H) a multistate or multijurisdictional group paragraph (2), with the costs of such project,
‘‘(m) ADMINISTRATION.—Of the amounts made of entities described in this paragraph.’’. and rank each application based on the results
available to carry out this section, the Secretary (b) CLERICAL AMENDMENT.—The analysis for of the comparison; and
may use up to $5,000,000 for the costs of admin- chapter 1 of title 23, United States Code, is ‘‘(4) ensure that only such applications that
istering the program under this section. amended by striking the item relating to section are ranked highly based on the results of the
‘‘(n) TECHNICAL ASSISTANCE.—Of the amounts 117 and inserting the following: comparison conducted under paragraph (3) are
made available to carry out this section, the ‘‘117. Projects of national and regional signifi- considered to receive a grant under this section.
Secretary may reserve up to $5,000,000 to provide cance.’’. ‘‘(g) WEIGHTING.—In establishing the evalua-
technical assistance to eligible entities. tion process under subsection (f), the Secretary
SEC. 1302. COMMUNITY TRANSPORTATION IN-
‘‘(o) CONGRESSIONAL REVIEW.— VESTMENT GRANT PROGRAM. may assign different weights to the criteria de-
‘‘(1) NOTIFICATION.—Not less than 60 days be- scribed in subsection (f)(1) based on project
(a) IN GENERAL.—Chapter 1 of title 23, United
fore making an award under this section, the type, population served by a project, and other
States Code, as amended by this title, is further
Secretary shall submit to the Committee on context-sensitive considerations, provided that—
amended by adding at the end the following:
Transportation and Infrastructure of the House ‘‘(1) each application is rated on all criteria
‘‘§ 173. Community transportation investment described in subsection (f)(1); and
of Representatives and the Committee on Envi-
grant program ‘‘(2) each application has the same possible
ronment and Public Works, the Committee on
Banking, Housing, and Urban Affairs, and the ‘‘(a) ESTABLISHMENT.—The Secretary shall es- minimum and maximum rating, regardless of
Committee on Commerce, Science, and Transpor- tablish a community transportation investment any differences in the weighting of criteria.
tation of the Senate— grant program to improve surface transportation ‘‘(h) TRANSPARENCY.—
‘‘(A) a list of all applications determined to be safety, state of good repair, accessibility, and ‘‘(1) PUBLICLY AVAILABLE INFORMATION.—
eligible for a grant by the Secretary; environmental quality through infrastructure Prior to the issuance of any notice of funding
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‘‘(B) the quality ratings assigned to each ap- investments. opportunity under this section, the Secretary
plication pursuant to subsection (i); ‘‘(b) GRANT AUTHORITY.— shall make publicly available on the website of
‘‘(C) a list of applications that received final ‘‘(1) IN GENERAL.—In carrying out the pro- the Department of Transportation a detailed ex-
consideration by the Secretary to receive an gram established under subsection (a), the Sec- planation of the evaluation and rating process
award under this section; retary shall make grants, on a competitive basis, developed under subsection (f), including any
‘‘(D) each application proposed to be selected to eligible entities in accordance with this sec- differences in the weighting of criteria pursuant
for a grant award; tion. to subsection (g), if applicable, and update such
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H2724 CONGRESSIONAL RECORD — HOUSE June 30, 2020
website for each revision of the evaluation and tion, the Secretary shall send to all applicants, ‘‘(4) summarizes the progress and implementa-
rating process. and publish on the website of the Department of tion of the grant program under subsection (f),
‘‘(2) NOTIFICATIONS TO CONGRESS.—The Sec- Transportation— including—
retary shall submit to the Committee on Trans- ‘‘(A) a summary of each application made to ‘‘(A) a description of how funds awarded
portation and Infrastructure of the House of the program for the grant application period; through the grant program under subsection (f)
Representatives, the Committee on Environment and will aid efforts to achieve strategic deployment
and Public Works of the Senate, the Committee ‘‘(B) the evaluation and justification for the of electric vehicle charging infrastructure, nat-
on Banking, Housing, and Urban Affairs of the project selection, including ratings and rankings ural gas fueling, propane fueling, and hydrogen
Senate, and the Committee on Commerce, assigned to all applications and a list of appli- fueling infrastructure in those corridors;
Science, and Transportation of the Senate the cations that received final consideration by the ‘‘(B) the total number and location of charg-
following written notifications: Secretary to receive an award under this sec- ing and fueling stations installed under sub-
‘‘(A) A notification when the Secretary pub- tion, for the grant application period. section (f); and
lishes or updates the information required under ‘‘(2) BRIEFING.—The Secretary shall provide, ‘‘(C) the total estimated greenhouse gas emis-
paragraph (1). at the request of a grant applicant under this sions that have been reduced through the use of
‘‘(B) Not later than 30 days prior to the date section, the opportunity to receive a briefing to electric vehicle charging, natural gas fueling,
on which the Secretary awards a grant under explain any reasons the grant applicant was not propane fueling, or hydrogen fueling infrastruc-
this section, a notification that includes— awarded a grant. ture funded under subsection (f) using the meth-
‘‘(i) the ratings of each application submitted ‘‘(m) DEFINITIONS.—In this section: odology identified in paragraph (3)(B).’’; and
pursuant to subsection (f)(2); ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti- (5) by adding at the end the following:
‘‘(ii) the ranking of each application sub- ty’ means— ‘‘(f) ELECTRIC VEHICLE CHARGING, NATURAL
mitted pursuant to subsection (f)(3); and ‘‘(A) a metropolitan planning organization; GAS FUELING, PROPANE FUELING, AND HYDRO-
‘‘(iii) a list of all applications that receive ‘‘(B) a unit of local government; GEN FUELING INFRASTRUCTURE GRANTS.—
final consideration by the Secretary to receive ‘‘(C) a transit agency; ‘‘(1) ESTABLISHMENT.—Not later than 1 year
an award under this section pursuant to sub- ‘‘(D) a Tribal Government or a consortium of after the date of enactment of the INVEST in
section (f)(4). Tribal governments; America Act, the Secretary shall establish a
‘‘(C) Not later than 3 business days prior to ‘‘(E) a multijurisdictional group of entities de- grant program to award grants to eligible enti-
the date on which the Secretary announces the scribed in this paragraph; ties for electric vehicle charging, natural gas
award of a grant under this section, a notifica- ‘‘(F) a special purpose district with a trans-
fueling, propane fueling, and hydrogen fueling
tion describing each grant to be awarded, in- portation function or a port authority;
infrastructure projects.
cluding the amount and the recipient. ‘‘(G) a territory; or
‘‘(2) ELIGIBLE ENTITY.—An entity eligible to
‘‘(i) TECHNICAL ASSISTANCE.—Of the amounts ‘‘(H) a State that applies for a grant under
receive a grant under this subsection is—
made available to carry out this section, the this section jointly with an entity described in
‘‘(A) a State (as such term is defined in sec-
Secretary may reserve up to $3,000,000 to provide subparagraphs (A) through (G).
‘‘(2) ELIGIBLE PROJECT.—The term ‘eligible tion 401) or political subdivision of a State;
technical assistance to eligible entities. ‘‘(B) a metropolitan planning organization;
‘‘(j) ADMINISTRATION.—Of the amounts made project’ means any project eligible under this
‘‘(C) a unit of local government;
available to carry out this section, the Secretary title or chapter 53 of title 49.’’.
‘‘(D) a special purpose district or public au-
may reserve up to $5,000,000 for the administra- (b) CLERICAL AMENDMENT.—The analysis for
thority with a transportation function, includ-
tive costs of carrying out the program under this chapter 1 of title 23, United States Code, is fur-
ing a port authority;
section. ther amended by adding at the end the fol-
‘‘(E) a Tribal government;
‘‘(k) TREATMENT OF PROJECTS.— lowing new item:
‘‘(F) an authority, agency, or instrumentality
‘‘(1) FEDERAL REQUIREMENTS.—The Secretary ‘‘173. Community transportation investment of, or an entity owned by, 1 or more of the enti-
shall, with respect to a project funded by a grant program.’’. ties described in subparagraphs (A) through (E);
grant under this section, apply— SEC. 1303. GRANTS FOR CHARGING AND FUELING or
‘‘(A) the requirements of this title to a high- INFRASTRUCTURE TO MODERNIZE ‘‘(G) a group of entities described in subpara-
way project; AND RECONNECT AMERICA FOR THE
21ST CENTURY.
graphs (A) through (F).
‘‘(B) the requirements of chapter 53 of title 49 ‘‘(3) APPLICATION.—To be eligible to receive a
to a public transportation project; and (a) PURPOSE.—The purpose of this section is
grant under this subsection, an eligible entity
‘‘(C) the requirements of section 22905 of title to establish a grant program to strategically de-
shall submit to the Secretary an application at
49 to a passenger rail or freight rail project. ploy electric vehicle charging infrastructure,
such time, in such manner, and containing such
‘‘(2) MULTIMODAL PROJECTS.— natural gas fueling, propane fueling, and hy-
‘‘(A) IN GENERAL.—Except as otherwise pro- information as the Secretary shall require, in-
drogen fueling infrastructure along designated
vided in this paragraph, if an eligible project is cluding—
alternative fuel corridors that will be accessible
‘‘(A) a description of—
a multimodal project, the Secretary shall— to all drivers of electric vehicles, natural gas ve-
‘‘(i) determine the predominant modal compo- ‘‘(i) the public accessibility of the charging or
hicles, propane vehicles, and hydrogen vehicles.
nent of the project; and fueling infrastructure proposed to be funded
(b) GRANT PROGRAM.—Section 151 of title 23,
‘‘(ii) apply the applicable requirements of with a grant under this subsection, including—
United States Code, is amended—
such predominant modal component to the ‘‘(I) charging or fueling connector types;
(1) in subsection (a) by striking ‘‘Not later
project. ‘‘(II) publicly available information on real-
than 1 year after the date of enactment of the
‘‘(B) EXCEPTIONS.— time availability; and
FAST Act, the Secretary shall’’ and inserting
‘‘(i) PASSENGER OR FREIGHT RAIL COMPO- ‘‘(III) payment methods available to all mem-
‘‘The Secretary shall periodically’’;
NENT.—For any passenger or freight rail compo- (2) in subsection (b)(2) by inserting ‘‘pre- bers of the public to ensure secure, convenient,
nent of a project, the requirements of section viously designated by the Federal Highway Ad- fair, and equal access and not limited by mem-
22907(j)(2) of title 49 shall apply. ministration or’’ after ‘‘fueling corridors’’; bership to a particular provider;
‘‘(ii) PUBLIC TRANSPORTATION COMPONENT.— (3) in subsection (d)— ‘‘(ii) collaborative engagement with the entity
For any public transportation component of a (A) by striking ‘‘5 years after the date of es- with jurisdiction over the roadway and any
project, the requirements of section 5333 of title tablishment of the corridors under subsection other relevant stakeholders (including auto-
49 shall apply. (a), and every 5 years thereafter’’ and inserting mobile manufacturers, utilities, infrastructure
‘‘(C) BUY AMERICA.—In applying the Buy ‘‘180 days after the date of enactment of the IN- providers, technology providers, electric charg-
American requirements under section 313 of this VEST in America Act’’; and ing, natural gas, propane, and hydrogen fuel
title and sections 5320, 22905(a), and 24305(f) of (B) by inserting ‘‘establish a recurring process providers, metropolitan planning organizations,
title 49 to a multimodal project under this para- to regularly’’ after ‘‘the Secretary shall’’; States, Indian Tribes, units of local government,
graph, the Secretary shall— (4) in subsection (e)— fleet owners, fleet managers, fuel station owners
‘‘(i) consider the various modal components of (A) in paragraph (1) by striking ‘‘; and’’ and and operators, labor organizations, infrastruc-
the project; and inserting a semicolon; ture construction and component parts sup-
‘‘(ii) seek to maximize domestic jobs. (B) in paragraph (2)— pliers, and multistate and regional entities)—
‘‘(3) FEDERAL-AID HIGHWAY REQUIREMENTS.— (i) by striking ‘‘establishes an aspirational ‘‘(I) to foster enhanced, coordinated, public-
Notwithstanding any other provision of this goal of achieving’’ and inserting ‘‘describes ef- private or private investment in electric vehicle
subsection, the Secretary shall require recipients forts to achieve’’; and charging, natural gas fueling, propane fueling,
of grants under this section to comply with sub- (ii) by striking ‘‘by the end of fiscal year and hydrogen fueling infrastructure;
section (a) of section 113 with respect to public 2020.’’ and inserting a semicolon; and ‘‘(II) to expand deployment of electric vehicle
transportation projects, passenger rail projects, (C) by adding at the end the following: charging, natural gas fueling, propane fueling,
and freight rail projects, in the same manner ‘‘(3) summarizes best practices and provides or hydrogen fueling infrastructure;
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that recipients of grants are required to comply guidance, developed through consultation with ‘‘(III) to protect personal privacy and ensure
with such subsection for construction work per- the Secretary of Energy, for project development cybersecurity; and
formed on highway projects on Federal-aid of electric vehicle charging infrastructure, hy- ‘‘(IV) to ensure that a properly trained work-
highways. drogen fueling infrastructure, and natural gas force is available to construct and install elec-
‘‘(l) TRANSPARENCY.— fueling infrastructure at the State, tribal, and tric vehicle charging, natural gas fueling, pro-
‘‘(1) IN GENERAL.—Not later than 30 days after local level to allow for the predictable deploy- pane fueling, or hydrogen fueling infrastruc-
awarding a grant for a project under this sec- ment of such infrastructure; and ture;
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2725
‘‘(iii) the location of the station or fueling drogen fueling infrastructure acquired and in- ‘‘(7) FEDERAL SHARE.—The Federal share of
site, including consideration of— stalled with a grant under this subsection shall the cost of a project carried out with a grant
‘‘(I) the availability of onsite amenities for ve- be located along an alternative fuel corridor under this subsection shall not exceed 80 percent
hicle operators, including restrooms or food fa- designated under this section or by a State or of the total project cost.’’.
cilities; group of States. SEC. 1304. COMMUNITY CLIMATE INNOVATION
‘‘(II) access in compliance with the Americans ‘‘(ii) EXCEPTION.—Notwithstanding clause (i), GRANTS.
with Disabilities Act of 1990 (42 U.S.C. 12101 et the Secretary may make a grant for electric ve- (a) IN GENERAL.—Chapter 1 of title 23, United
seq.); hicle charging or hydrogen fueling infrastruc- States Code, as amended by this title, is further
‘‘(III) height and fueling capacity require- ture not on a designated alternative fuel cor- amended by inserting after section 171 the fol-
ments for facilities that charge or refuel large ridor if the applicant demonstrates that the pro- lowing:
vehicles, including semitrailer trucks; and posed charging or fueling infrastructure would ‘‘§ 172. Community climate innovation grants
‘‘(IV) appropriate distribution to avoid redun- expand deployment of electric vehicle charging ‘‘(a) ESTABLISHMENT.—The Secretary shall es-
dancy and fill charging or fueling gaps; or hydrogen fueling to a greater number of users
‘‘(iv) infrastructure installation that can be tablish a community climate innovation grant
than investments on such corridor. program (in this section referred to as the ‘Pro-
responsive to technology advancements, includ- ‘‘(C) OPERATING ASSISTANCE.—
ing accommodating autonomous vehicles and fu- ‘‘(i) IN GENERAL.—Subject to clauses (ii) and gram’) to make grants, on a competitive basis,
ture charging methods; (iii), an eligible entity that receives a grant for locally selected projects that reduce green-
‘‘(v) the long-term operation and maintenance under this subsection may use a portion of the house gas emissions while improving the mobil-
of the electric vehicle charging or hydrogen funds for operating assistance for the first 5 ity, accessibility, and connectivity of the surface
fueling infrastructure to avoid stranded assets years of operations after the installation of elec- transportation system.
‘‘(b) PURPOSE.—The purpose of the Program
and protect the investment of public funds in tric vehicle charging, natural gas fueling, pro-
shall be to support communities in reducing
such infrastructure; and pane fueling, or hydrogen fueling infrastructure
‘‘(vi) in the case of an applicant that is not a greenhouse gas emissions from the surface
while the facility transitions to independent sys-
State department of transportation, the degree transportation system.
tem operations. ‘‘(c) ELIGIBLE APPLICANTS.—The Secretary
of coordination with the applicable State de- ‘‘(ii) INCLUSION.—Operating assistance under
may make grants under the Program to the fol-
partment of transportation; and this subparagraph shall be limited to costs allo-
‘‘(B) an assessment of the estimated green- lowing entities:
cable to operating and maintaining the electric ‘‘(1) A metropolitan planning organization.
house gas emissions and air pollution from vehi- vehicle charging, natural gas fueling, propane ‘‘(2) A unit of local government or a group of
cle emissions that will be reduced through the fueling, or hydrogen fueling infrastructure and local governments, or a county or multi-county
use of electric vehicle charging, natural gas service. special district.
fueling, propane fueling, or hydrogen fueling ‘‘(iii) LIMITATION.—Operating assistance ‘‘(3) A subdivision of a local government.
infrastructure, which shall be conducted using under this subparagraph may not exceed the ‘‘(4) A transit agency.
one standardized methodology or tool as deter- amount of a contract under subparagraph (A) to ‘‘(5) A special purpose district with a trans-
mined by the Secretary. acquire and install electric vehicle charging, portation function or a port authority.
‘‘(4) CONSIDERATIONS.—In selecting eligible natural gas fueling, propane fueling, or hydro- ‘‘(6) A Tribal government or a consortium of
entities to receive a grant under this subsection, gen fueling infrastructure. tribal governments.
the Secretary shall— ‘‘(D) SIGNS.— ‘‘(7) A territory.
‘‘(A) consider the extent to which the applica- ‘‘(i) IN GENERAL.—Subject to this paragraph ‘‘(8) A multijurisdictional group of entities de-
tion of the eligible entity would— and paragraph (6)(B), an eligible entity that re- scribed in paragraphs (1) through (7).
‘‘(i) reduce estimated greenhouse gas emis- ceives a grant under this subsection may use a ‘‘(d) APPLICATIONS.—To be eligible for a grant
sions and air pollution from vehicle emissions, portion of the funds to acquire and install— under the Program, an entity specified in sub-
weighted by the total Federal investment in the ‘‘(I) traffic control devices located in the section (c) shall submit to the Secretary an ap-
project; right-of-way to provide directional information plication in such form, at such time, and con-
‘‘(ii) improve alternative fueling corridor net- to electric vehicle charging, natural gas fueling, taining such information as the Secretary deter-
works by— propane fueling, or hydrogen fueling infrastruc- mines appropriate.
‘‘(I) converting corridor-pending corridors to ture acquired, installed, or operated with the ‘‘(e) ELIGIBLE PROJECTS.—The Secretary may
corridor-ready corridors; or grant under this subsection; and only provide a grant under the Program for a
‘‘(II) in the case of corridor-ready corridors, ‘‘(II) on-premises signs to provide information project that is expected to yield a significant re-
providing additional capacity— about electric vehicle charging, natural gas duction in greenhouse gas emissions from the
‘‘(aa) to meet excess demand for charging or fueling, propane fueling, or hydrogen fueling surface transportation system and—
fueling infrastructure; or infrastructure acquired, installed, or operated ‘‘(1) is a project eligible for assistance under
‘‘(bb) to reduce congestion at existing charg- with a grant under this subsection. this title or under chapter 53 of title 49 or sup-
ing or fueling infrastructure in high-traffic lo- ‘‘(ii) REQUIREMENT.—Any traffic control de- ports fueling infrastructure for fuels defined
cations; vice or on-premises sign acquired, installed, or under section 9001(5) of the Farm Security and
‘‘(iii) meet current or anticipated market de- operated with a grant under this subsection Rural Investment Act of 2002 (7 U.S.C. 8101(5));
mands for charging or fueling infrastructure; shall comply with the Manual on Uniform Traf- or
‘‘(iv) enable or accelerate the construction of fic Control Devices, if located in the highway ‘‘(2) is a capital project as defined in section
charging or fueling infrastructure that would be right-of-way. 22906 of title 49 to improve intercity passenger
unlikely to be completed without Federal assist- ‘‘(E) REVENUE.—An eligible entity receiving a rail that will yield a significant reduction in
ance; grant under this subsection and a private entity single occupant vehicle trips and improve mobil-
‘‘(v) support a long-term competitive market referred to in subparagraph (F) may enter into ity on public roads.
for electric vehicle charging infrastructure, nat- a cost-sharing agreement under which the pri- ‘‘(f) ELIGIBLE USES.—Grant amounts received
ural gas fueling, propane fueling, or hydrogen vate entity submits to the eligible entity a por- for a project under the Program may be used
fueling infrastructure that does not signifi- tion of the revenue from the electric vehicle for—
cantly impair existing electric vehicle charging charging, natural gas fueling, propane fueling, ‘‘(1) development phase activities, including
or hydrogen fueling infrastructure providers; or hydrogen fueling infrastructure. planning, feasibility analysis, revenue fore-
and ‘‘(F) PRIVATE ENTITY.— casting, environmental review, preliminary engi-
‘‘(vi) reduce greenhouse gas emissions in es- ‘‘(i) IN GENERAL.—An eligible entity receiving neering and design work, and other
tablished goods-movement corridors, locations a grant under this subsection may use the funds preconstruction activities; and
serving first- and last-mile freight near ports in accordance with this paragraph to contract ‘‘(2) construction, reconstruction, rehabilita-
and freight hubs, and locations that optimize with a private entity for installation, operation, tion, acquisition of real property (including
infrastructure networks and reduce hazardous or maintenance of electric vehicle charging, nat- land related to the project and improvements to
air pollutants in communities disproportionately ural gas fueling, propane fueling, or hydrogen the land), environmental mitigation, construc-
impacted by such pollutants; and fueling infrastructure. tion contingencies, acquisition of equipment,
‘‘(B) ensure, to the maximum extent prac- ‘‘(ii) INCLUSION.—An eligible private entity in- and operational improvements.
ticable, geographic diversity among grant recipi- cludes privately, publicly, or cooperatively ‘‘(g) PROJECT PRIORITIZATION.—In making
ents to ensure that electric vehicle charging in- owned utilities, private electric vehicle service grants for projects under the Program, the Sec-
frastructure or hydrogen fueling infrastructure equipment and hydrogen fueling infrastructure retary shall give priority to projects that are ex-
is available throughout the United States. providers, and retail fuel stations. pected to yield the most significant reductions in
‘‘(5) USE OF FUNDS.— ‘‘(6) PROJECT REQUIREMENTS.— greenhouse gas emissions from the surface
‘‘(A) IN GENERAL.—Any grant made under this ‘‘(A) IN GENERAL.—Notwithstanding any other transportation system.
subsection shall be— provision of law, any project funded by a grant ‘‘(h) ADDITIONAL CONSIDERATIONS.—In mak-
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‘‘(i) directly related to the charging or fueling under this subsection shall be treated as a ing grants for projects under the Program, the
of a vehicle; and project on a Federal-aid highway. Secretary shall consider the extent to which—
‘‘(ii) only for charging or fueling infrastruc- ‘‘(B) ELECTRIC VEHICLE CHARGING PROJECTS.— ‘‘(1) a project maximizes greenhouse gas re-
ture that is open to the general public. A project for electric vehicle charging infra- ductions in a cost-effective manner;
‘‘(B) LOCATION OF INFRASTRUCTURE.— structure funded by a grant under this sub- ‘‘(2) a project reduces dependence on single-
‘‘(i) IN GENERAL.—Any electric vehicle charg- section shall be subject to the requirements of occupant vehicle trips or provides additional
ing, natural gas fueling, propane fueling, or hy- section 155. transportation options;
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H2726 CONGRESSIONAL RECORD — HOUSE June 30, 2020
‘‘(3) a project improves the connectivity and with such subsection for construction work per- (ii) the achievement of metropolitan or state-
accessibility of the surface transportation sys- formed on highway projects on Federal-aid wide performance targets established under sec-
tem, particularly to low- and zero-emission highways. tion 150(d) of such title;
forms of transportation, including public trans- ‘‘(k) SINGLE-OCCUPANCY VEHICLE HIGHWAY (F) whether the applicant is a designated re-
portation, walking, and bicycling; FACILITIES.—None of the funds provided under cipient of funds from the Federal Transit Ad-
‘‘(4) an applicant has adequately considered this section may be used for a project that will ministration as described under subsections (A)
or will adequately consider, including through result in the construction of new capacity avail- and (B) of section 5302(4) of title 49, United
the opportunity for public comment, the envi- able to single occupant vehicles unless the States Code; and
ronmental justice and equity impacts of the project consists of a high-occupancy vehicle fa- (G) any other criteria established by the Sec-
project; cility and is consistent with section 166. retary.
‘‘(5) a project contributes to geographic diver- ‘‘(l) DEFINITION OF AREAS OF PERSISTENT (4) REQUIREMENTS.—
sity among grant recipients, including to POVERTY.—In this section, the term ‘areas of (A) CALL FOR NOMINATION.—Not later than
achieve a balance between urban, suburban, persistent poverty’ means— February 1, 2022, the Secretary shall publish in
and rural communities; ‘‘(1) any county that has had 20 percent or the Federal Register a notice soliciting applica-
‘‘(6) a project serves low-income residents of more of the population of such county living in tions for designation under this subsection.
low-income communities, including areas of per- poverty over the past 30 years, as measured by (B) GUIDANCE.—The notification under para-
sistent poverty, while not displacing such resi- the 1990 and 2000 decennial censuses and the graph (1) shall include guidance on the require-
dents; most recent Small Area Income and Poverty Es- ments and responsibilities of a direct recipient
‘‘(7) a project uses pavement materials that timates; under this section, including implementing regu-
demonstrate reductions in greenhouse gas emis- ‘‘(2) any census tract with a poverty rate of at lations.
sions through sequestration or innovative manu- least 20 percent, as measured by the most recent (C) DETERMINATION.—The Secretary shall
facturing processes; 5-year data series available from the American make all designations under this section for fis-
‘‘(8) a project repurposes neglected or Community Survey of the Bureau of the Census cal year 2023 not later than June 1, 2022.
underused infrastructure, including abandoned for all States and Puerto Rico; or (5) TERM.—Except as provided in paragraph
highways, bridges, railways, trail ways, and ad- ‘‘(3) any other territory or possession of the (6), a designation under this subsection shall—
jacent underused spaces, into new hybrid forms United States that has had 20 percent or more of (A) be for a period of not less than 5 years;
of public space that support multiple modes of its population living in poverty over the past 30 and
years, as measured by the 1990, 2000, and 2010 (B) be renewable.
transportation; and
island areas decennial censuses, or equivalent (6) TERMINATION.—
‘‘(9) a project includes regional multimodal
(A) IN GENERAL.—The Secretary shall estab-
transportation system management and oper- data, of the Bureau of the Census.’’.
(b) CLERICAL AMENDMENT.—The analysis for lish procedures for the termination of a designa-
ations elements that will improve the effective-
chapter 1 of title 23, United States Code, is tion under this subsection.
ness of such project and encourage reduction of (B) CONSIDERATIONS.—In establishing proce-
single occupancy trips by providing the ability amended by inserting after the item relating to
dures under subparagraph (A), the Secretary
of users to plan, use, and pay for multimodal section 171 the following:
shall consider—
transportation alternatives. ‘‘172. Community climate innovation grants.’’. (i) with respect to projects carried out under
‘‘(i) FUNDING.— SEC. 1305. METRO PERFORMANCE PROGRAM. this section, compliance with the requirements
‘‘(1) MAXIMUM AMOUNT.—The maximum (a) ESTABLISHMENT.—The Secretary of Trans- of title 23, United States Code, or chapter 53 of
amount of a grant under the Program shall be portation shall directly allocate funds in accord- title 49, United States Code; and
$25,000,000. ance with this section to enhance local decision (ii) the obligation rate of any funds—
‘‘(2) TECHNICAL ASSISTANCE.—Of the amounts making and control in delivering projects to ad- (I) made available under this section; and
made available to carry out the Program, the dress local transportation needs. (II) in the case of a metropolitan planning or-
Secretary may use up to 1 percent to provide (b) DESIGNATION.— ganization that represents a metropolitan plan-
technical assistance to applicants and potential (1) IN GENERAL.—The Secretary shall des- ning area with an urbanized area population of
applicants. ignate direct recipients based on the criteria in greater than 200,000, made available under sec-
‘‘(j) TREATMENT OF PROJECTS.— paragraph (3) to be direct recipients of funds tion 133(d)(1)(A)(i) of title 23, United States
‘‘(1) FEDERAL REQUIREMENTS.—The Secretary under this section. Code.
shall, with respect to a project funded by a (2) RESPONSIBILITIES.—A direct recipient shall (c) USE OF FUNDS.—
grant under this section, apply— be responsible for compliance with any require- (1) ELIGIBLE PROJECTS.—Funds made avail-
‘‘(A) the requirements of this title to a high- ments related to the use of Federal funds vested able under this section may be obligated for the
way project; in a State department of transportation under purposes described in section 133(b) of title 23,
‘‘(B) the requirements of chapter 53 of title 49 chapter 1 of title 23, United States Code. United States Code.
to a public transportation project; and (3) CRITERIA.—In designating an applicant (2) ADMINISTRATIVE EXPENSES AND TECHNICAL
‘‘(C) the requirements of section 22905 of title under this subsection, the Secretary shall con- ASSISTANCE.—Of the amounts made available
49 to a passenger rail or freight rail project. sider— under this section, the Secretary may set aside
‘‘(2) MULTIMODAL PROJECTS.— (A) the legal, financial, and technical capac- not more than $5,000,000 for program manage-
‘‘(A) IN GENERAL.—Except as otherwise pro- ity of the applicant; ment, oversight, and technical assistance to di-
vided in this paragraph, if an eligible project is (B) the level of coordination between the ap- rect recipients.
a multimodal project, the Secretary shall— plicant and— (d) RESPONSIBILITIES OF DIRECT RECIPIENTS.—
‘‘(i) determine the predominant modal compo- (i) the State department of transportation of (1) DIRECT AVAILABILITY OF FUNDS.—Notwith-
nent of the project; and the State or States in which the metropolitan standing title 23, United States Code, the
‘‘(ii) apply the applicable requirements of planning area represented by the applicant is amounts made available under this section shall
such predominant modal component to the located; be allocated to each direct recipient for obliga-
project. (ii) local governments and providers of public tion.
‘‘(B) EXCEPTIONS.— transportation within the metropolitan planning (2) PROJECT DELIVERY.—
‘‘(i) PASSENGER OR FREIGHT RAIL COMPO- area represented by the applicant; and (A) IN GENERAL.—The direct recipient may
NENT.—For any passenger or freight rail compo- (iii) if more than 1 metropolitan planning or- collaborate with a State, unit of local govern-
nent of a project, the requirements of section ganization is designated within an urbanized ment, regional entity, or transit agency to carry
22907(j)(2) of title 49 shall apply. area represented by the applicant, any other out a project under this section and ensure com-
‘‘(ii) PUBLIC TRANSPORTATION COMPONENT.— such metropolitan planning organization; pliance with all applicable Federal require-
For any public transportation component of a (C) in the case of an applicant that represents ments.
project, the requirements of section 5333 of title an urbanized area population of greater than (B) STATE AUTHORITY.—The State may exer-
49 shall apply. 200,000, the effectiveness of project delivery and cise, on behalf of the direct recipient, any avail-
‘‘(C) BUY AMERICA.—In applying the Buy timely obligation of funds made available under able decisionmaking authorities or actions as-
American requirements under section 313 of this section 133(d)(1)(A)(i) of title 23, United States sumed from the Secretary.
title and sections 5320, 22905(a), and 24305(f) of Code; (C) USE OF FUNDS.—The direct recipient may
title 49 to a multimodal project under this para- (D) if the applicant or a local government use amounts made available under this section
graph, the Secretary shall— within the metropolitan planning area that the to compensate a State, unit of local government,
‘‘(i) consider the various modal components of applicant represents has been the recipient of a regional entity, or transit agency for costs in-
the project; and discretionary grant from the Secretary within curred in providing assistance under this para-
‘‘(ii) seek to maximize domestic jobs. the preceding 5 years, the administration of graph.
‘‘(3) FEDERAL-AID HIGHWAY REQUIREMENTS.— such grant; (3) DISTRIBUTION OF AMOUNTS AMONG DIRECT
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Notwithstanding any other provision of this (E) the extent to which the planning and deci- RECIPIENTS.—
subsection, the Secretary shall require recipients sion making process of the applicant, including (A) IN GENERAL.—Subject to subparagraph
of grants under this section to comply with sub- the long-range transportation plan and the ap- (B), on the first day of the fiscal year for which
section (a) of section 113 with respect to public proved transportation improvement program funds are made available under this section, the
transportation projects, passenger rail projects, under section 134 of such title, support— Secretary shall allocate such funds to each di-
and freight rail projects, in the same manner (i) the performance goals established under rect recipient as the proportion of the popu-
that recipients of grants are required to comply section 150(b) of such title; and lation (as determined by data collected by the
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2727
Bureau of the Census) of the urbanized area (f) TREATMENT OF FUNDS.— (c) ELIGIBLE APPLICANTS.—The Secretary may
represented by any 1 direct recipient bears to (1) IN GENERAL.—Except as provided in this make grants under this section to an applicant
the total population of all of urbanized areas section, funds made available to carry out this that is serving a combined statistical area, as
represented by all direct recipients. section shall be administered as if apportioned defined by the Office of Management and Budg-
(B) MINIMUM AND MAXIMUM AMOUNTS.—Of under chapter 1 of title 23, United States Code. et, with a population of not less than 1,300,000
funds allocated to direct recipients under sub- (2) FEDERAL SHARE.—The Federal share of the and that is—
paragraph (A), each direct recipient shall re- cost of a project carried out under this section (1) a metropolitan planning organization;
ceive not less than $10,000,000 and not more shall be determined in accordance with section (2) a unit of local government or a group of
than $50,000,000 each fiscal year. 120 of title 23, United States Code. local governments;
(C) MINIMUM GUARANTEED AMOUNT.—In mak- (g) REPORT.— (3) a multijurisdictional group of entities de-
ing a determination whether to designate a met- (1) DIRECT RECIPIENT REPORT.—Not later than scribed in paragraphs (1) and (2); or
ropolitan planning organization as a direct re- 60 days after the end of each fiscal year, each (4) a State that is in partnership with an enti-
cipient under subsection (b), the Secretary shall direct recipient shall submit to the Secretary a ty or group of entities described in paragraph
ensure that each direct recipient receives the report that includes— (1), (2), or (3).
minimum required allocation under subpara- (A) a list of projects funded with amounts pro- (d) ELIGIBLE PROJECTS.—The Secretary may
graph (B). vided under this section; award grants under this section to applicants
(D) ADDITIONAL AMOUNTS.—If any amounts (B) a description of any obstacles to complete that submit a comprehensive program of surface
remain undistributed after the distribution de- projects or timely obligation of funds; and transportation-related projects to reduce traffic
scribed in this subsection, such remaining (C) recommendations to improve the effective- congestion and related adverse impacts, includ-
amounts and an associated amount of obligation ness of the program under this section. ing a project for 1 or more of the following:
limitation shall be made available as if suballo- (2) REPORT TO CONGRESS.—Not later than Oc- (1) Transportation systems management and
cated under clauses (i) and (ii) of section tober 1, 2024, the Secretary shall submit to the operations.
133(d)(1)(A) of title 23, United States Code, and Committee on Environment and Public Works of (2) Intelligent transportation systems.
distributed among the States in the proportion the Senate and the Committee on Transpor- (3) Real-time traveler information.
that the relative shares of the population (as de- tation and Infrastructure of the House of Rep- (4) Traffic incident management.
resentatives a report that— (5) Active traffic management.
termined by data collected by the Bureau of the
(A) summarizes the findings of each direct re- (6) Traffic signal timing.
Census) of the urbanized areas of each State (7) Multimodal travel payment systems.
bears to the total populations of all urbanized cipient provided under paragraph (1);
(B) describes the efforts undertaken by both (8) Transportation demand management, in-
areas across all States. cluding employer-based commuting programs
(4) ASSUMPTION OF RESPONSIBILITY OF THE direct recipients and the Secretary to ensure
compliance with the requirements of title 23 and such as carpool, vanpool, transit benefit, park-
SECRETARY.—
chapter 53 of title 49, United States Code; ing cashout, shuttle, or telework programs.
(A) IN GENERAL.—For projects carried out (9) A project to provide transportation options
with funds provided under this section, the di- (C) analyzes the capacity of direct recipients
to receive direct allocations of funds under to reduce traffic congestion, including—
rect recipient may assume the responsibilities of (A) a project under chapter 53 of title 49,
the Secretary under section 106 of title 23, chapter 1 of title 23, United States Code; and
United States Code;
United States Code, for design, plans, specifica- (D) provides recommendations from the Sec-
(B) a bicycle or pedestrian project, including
tions, estimates, contract awards, and inspec- retary to—
a project to provide safe and connected active
tions with respect to the projects unless the Sec- (i) improve the administration, oversight, and
transportation networks; and
retary determines that the assumption is not ap- performance of the program established under
(C) a surface transportation project carried
propriate. this section;
out in accordance with the national travel and
(B) AGREEMENT.—The Secretary and the di- (ii) improve the effectiveness of direct recipi-
tourism infrastructure strategic plan under sec-
rect recipient shall enter into an agreement re- ents to complete projects and obligate funds in
tion 1431(e) of the FAST Act (49 U.S.C. 301
lating to the extent to which the direct recipient a timely manner; and
(iii) evaluate options to expand the authority note).
assumes the responsibilities of the Secretary (10) Any other project, as determined appro-
under this paragraph. provided under this section, including to allow
priate by the Secretary.
(C) LIMITATIONS.—The Secretary shall retain for the direct allocation to metropolitan plan- (e) AWARD PRIORITIZATION.—
responsibilities described in subparagraph (A) ning organizations of funds made available to (1) IN GENERAL.—In selecting grants under
for any project that the Secretary determines to carry out clause (i) or (ii) of section 133(d)(1)(A) this section, the Secretary shall prioritize appli-
be in a high-risk category, including projects on of title 23, United States Code. cants serving urbanized areas, as described in
the National Highway System. (3) UPDATE.—Not less frequently than every 2 subsection (c), that are experiencing a high de-
(e) EXPENDITURE OF FUNDS.— years, the Secretary shall update the report de- gree of recurrent transportation congestion, as
(1) CONSISTENCY WITH METROPOLITAN PLAN- scribed in paragraph (2). determined by the Secretary.
NING.—Except as otherwise provided in this sec- (h) DEFINITIONS.— (2) ADDITIONAL CONSIDERATIONS.—In selecting
tion, programming and expenditure of funds for (1) DIRECT RECIPIENT.—In this section, the
grants under this section, the Secretary shall
projects under this section shall be consistent term ‘‘direct recipient’’ means a metropolitan
also consider the extent to which the project
with the requirements of section 134 of title 23, planning organization designated by the Sec-
would—
United States Code, and section 5303 of title 49, retary as high-performing under subsection (b) (A) reduce traffic congestion and improve the
United States Code. and that was directly allocated funds as de- reliability of the surface transportation system;
(2) SELECTION OF PROJECTS.— scribed in subsection (d). (B) mitigate the adverse impacts of traffic con-
(A) IN GENERAL.—Notwithstanding sub- (2) METROPOLITAN PLANNING AREA.—The term gestion on the surface transportation system, in-
sections (j)(5) and (k)(4) of section 134 of title 23, ‘‘metropolitan planning area’’ has the meaning cluding safety and environmental impacts;
United States Code, or subsections (j)(5) and given such term in section 134 of title 23, United (C) maximize the use of existing capacity; and
(k)(4) of section 5303 of title 49, United States States Code. (D) employ innovative, integrated, and
Code, a direct recipient shall select, from the ap- (3) METROPOLITAN PLANNING ORGANIZATION.— multimodal solutions to the items described in
proved transportation improvement program The term ‘‘metropolitan planning organization’’ subparagraphs (A), (B), and (C).
under such sections, all projects to be funded has the meaning given such term in section 134 (f) FEDERAL SHARE.—
under this section, including projects on the Na- of title 23, United States Code. (1) IN GENERAL.—The Federal share of the cost
tional Highway System. (4) NATIONAL HIGHWAY SYSTEM.—The term of a project carried out under this section may
(B) ELIGIBLE PROJECTS.—The project selection ‘‘National Highway System’’ has the meaning not exceed 60 percent.
process described in this subsection shall apply given such term in section 101 of title 23, United (2) MAXIMUM FEDERAL SHARE.—Federal assist-
to all federally funded projects within the States Code. ance other than a grant for a project under this
boundaries of a metropolitan planning area (5) STATE.—The term ‘‘State’’ has the meaning section may be used to satisfy the non-Federal
served by a direct recipient that are carried out given such term in section 101 of title 23, United share of the cost of such project, except that the
under this section. States Code. total Federal assistance provided for a project
(C) CONSULTATION REQUIRED.—In selecting a (6) URBANIZED AREA.—The term ‘‘urbanized receiving a grant under this section may not ex-
project under this subsection, the metropolitan area’’ has the meaning given such term in sec- ceed 80 percent of the total project cost.
planning organization shall consult with— tion 134 of title 23, United States Code. (g) USE OF FUNDS.—Funds made available for
(i) in the case of a highway project, the State SEC. 1306. GRIDLOCK REDUCTION GRANT PRO- a project under this section may be used for—
and locality in which such project is located; GRAM. (1) development phase activities, including
and (a) ESTABLISHMENT.—The Secretary of Trans- planning, feasibility analysis, revenue fore-
(ii) in the case of a transit project, any af- portation shall establish a gridlock reduction casting, environmental review, preliminary engi-
fected public transportation operator. program to make grants, on a competitive basis, neering and design work, and other
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(3) RULE OF CONSTRUCTION.—Nothing in this for projects to reduce, and mitigate the adverse preconstruction activities; and
section shall be construed to limit the ability of impacts of, traffic congestion. (2) construction, reconstruction, rehabilita-
a direct recipient to partner with a State depart- (b) APPLICATIONS.—To be eligible for a grant tion, acquisition of real property (including
ment of transportation or other recipient of Fed- under this section, an applicant shall submit to land related to the project and improvements to
eral funds under title 23, United States Code, or the Secretary an application in such form, at the land), environmental mitigation, construc-
chapter 53 of title 49, United States Code, to such time, and containing such information as tion contingencies, acquisition of equipment,
carry out a project. the Secretary determines appropriate. and operational improvements.
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H2728 CONGRESSIONAL RECORD — HOUSE June 30, 2020
(h) FUNDING.— (2) REPORT TO CONGRESS.—Not later than 9 SEC. 1307. REBUILD RURAL GRANT PROGRAM.
(1) GRANT AMOUNT.—A grant under this sec- months after the date specified in paragraph (1), (a) ESTABLISHMENT.—The Secretary of Trans-
tion shall be in an amount not less than the Secretary shall submit to the Committee on portation shall establish a rebuild rural grant
$10,000,000 and not more than $50,000,000. Transportation and Infrastructure of the House program to improve the safety, state of good re-
(2) AVAILABILITY.—Funds made available of Representatives and the Committee on Envi- pair, and connectivity of transportation infra-
under this program shall be available until ex- ronment and Public Works, the Committee on structure in rural communities.
pended. Commerce, Science, and Transportation, and (b) GRANT AUTHORITY.—
(i) FREIGHT PROJECT SET-ASIDE.— the Committee on Banking, Housing, and Urban (1) IN GENERAL.—In carrying out the program
(1) IN GENERAL.—The Secretary shall set aside Affairs of the Senate, and make publicly avail- established in subsection (a), the Secretary shall
not less than 50 percent of the funds made able on a website, a report detailing— make grants, on a competitive basis, in accord-
available to carry out this section for grants for (A) a summary of any information provided ance with this section.
freight projects under this subsection. under paragraph (1); and (2) GRANT AMOUNT.—A grant made under this
(2) ELIGIBLE USES.—The Secretary shall pro- (B) recommendations and best practices to— program shall be for no more than $25,000,000.
vide funds set aside under this subsection to ap- (i) reduce traffic congestion, including freight- (c) ELIGIBLE APPLICANTS.—The Secretary may
plicants that submit a comprehensive program of related traffic congestion, and improve the reli- make a grant under this section to—
surface transportation-related projects to reduce ability of the surface transportation system; (1) a State;
freight-related traffic congestion and related ad- (ii) mitigate the adverse impacts of traffic con- (2) a metropolitan planning organization or a
verse impacts, including— gestion, including freight-related traffic conges- regional transportation planning organization;
(A) freight intelligent transportation systems; tion, on the surface transportation system, in- (3) a unit of local government;
(B) real-time freight parking information; cluding safety and environmental impacts; and (4) a Federal land management agency;
(C) real-time freight routing information; (iii) employ innovative, integrated, and (5) a Tribal government or a consortium of
(D) freight transportation and delivery safety multimodal solutions to the items described in Tribal governments;
projects; clauses (i) and (ii). (6) a territory; and
(E) first-mile and last-mile delivery solutions; (k) NOTIFICATION.—Not later than 3 business (7) a multijurisdictional group of entities de-
(F) shifting freight delivery to off-peak travel days before awarding a grant under this sec- scribed in this subsection.
times; tion, the Secretary shall notify the Committee (d) APPLICATIONS.—To be eligible for a grant
(G) reducing greenhouse gas emissions and air on Transportation and Infrastructure of the under this section, an entity specified under
pollution from freight transportation and deliv- House of Representatives and the Committee on subsection (c) shall submit to the Secretary an
ery, including through the use of innovative ve- Environment and Public Works, the Committee application in such form, at such time, and con-
hicles that produce fewer greenhouse gas emis- on Commerce, Science, and Transportation, and taining such information as the Secretary deter-
sions; the Committee on Banking, Housing, and Urban mines is appropriate.
(H) use of centralized delivery locations; Affairs of the Senate of the intention to award (e) ELIGIBLE PROJECTS.—The Secretary shall
(I) designated freight vehicle parking and such a grant. provide grants under this section to projects eli-
staging areas; (l) TREATMENT OF PROJECTS.— gible under title 23, United States Code, includ-
(J) curb space management; and (1) FEDERAL REQUIREMENTS.—The Secretary ing projects on and off the Federal-aid highway
(K) other projects, as determined appropriate shall, with respect to a project funded by a system, that improve safety, state of good re-
by the Secretary. grant under this section, apply— pair, or connectivity in a rural community, in-
(3) AWARD PRIORITIZATION.— (A) the requirements of title 23, United States cluding projects to—
(A) IN GENERAL.—In providing funds set aside Code, to a highway project; (1) improve transportation safety, including
under this section, the Secretary shall prioritize (B) the requirements of chapter 53 of title 49, projects on high-risk rural roads and on Federal
applicants serving urbanized areas, as described United States Code, to a public transportation lands;
in subsection (c), that are experiencing a high project; and (2) improve state of good repair, including
degree of recurrent congestion due to freight (C) the requirements of section 22905 of title projects to repair and rehabilitate bridges on
transportation, as determined by the Secretary. 49, United States Code, to a passenger rail or and off the Federal-aid highway system;
(B) ADDITIONAL CONSIDERATIONS.—In pro- freight rail project. (3) provide or increase access to jobs and serv-
viding funds set aside under this subsection, the (2) MULTIMODAL PROJECTS.— ices;
Secretary shall consider the extent to which the (A) IN GENERAL.—Except as otherwise pro- (4) provide or increase access to—
proposed project— vided in this paragraph, if an eligible project is (A) a grain elevator;
(i) reduces freight-related traffic congestion a multimodal project, the Secretary shall— (B) an agricultural facility;
and improves the reliability of the freight trans- (i) determine the predominant modal compo- (C) a mining facility;
portation system; nent of the project; and (D) a forestry facility;
(ii) mitigates the adverse impacts of freight-re- (ii) apply the applicable requirements of such (E) an intermodal facility;
lated traffic congestion on the surface transpor- predominant modal component to the project. (F) travel or tourism destinations; or
tation system, including safety and environ- (B) EXCEPTIONS.— (G) any other facility that supports the econ-
mental impacts; (i) PASSENGER OR FREIGHT RAIL COMPONENT.— omy of a rural community; and
(iii) maximizes the use of existing capacity; For any passenger or freight rail component of (5) reduce vehicle-wildlife collisions and im-
(iv) employs innovative, integrated, and a project, the requirements of section 22907(j)(2) prove habitat connectivity.
multimodal solutions to the items described in of title 49, United States Code, shall apply. (f) ELIGIBLE PROJECT COSTS.—Grant amounts
clauses (i) through (iii); (ii) PUBLIC TRANSPORTATION COMPONENT.— for a project under this section may be used
(v) leverages Federal funds with non-Federal For any public transportation component of a for—
contributions; and project, the requirements of section 5333 of title (1) development phase activities, including
(vi) integrates regional multimodal transpor- 49, United States Code, shall apply. planning, feasibility analysis, revenue fore-
tation management and operational projects (C) BUY AMERICA.—In applying the Buy casting, environmental review, preliminary engi-
that address both passenger and freight conges- American requirements under section 313 of title neering and design work, and other
tion. 23, United States Code, and sections 5320, preconstruction activities; and
(4) FLEXIBILITY.—If the Secretary determines 22905(a), and 24305(f) of title 49, United States (2) construction, reconstruction, rehabilita-
that there are insufficient qualified applicants Code, to a multimodal project under this para- tion, acquisition of real property (including
to use the funds set aside under this subsection, graph, the Secretary shall— land related to the project and improvements to
the Secretary may use such funds for grants for (i) consider the various modal components of the land), environmental mitigation, construc-
any projects eligible under this section. the project; and tion contingencies, acquisition of equipment,
(j) REPORT.— (ii) seek to maximize domestic jobs. and operational improvements.
(1) RECIPIENT REPORT.—The Secretary shall (3) FEDERAL-AID HIGHWAY REQUIREMENTS.— (g) FEDERAL SHARE.—
ensure that not later than 2 years after the Sec- Notwithstanding any other provision of this (1) IN GENERAL.—The share of the cost of a
retary awards grants under this section, the re- subsection, the Secretary shall require recipients project provided with a grant under this section
cipient of each such grant submits to the Sec- of grants under this section to comply with sub- may not exceed 80 percent of the total cost of
retary a report that contains— section (a) of section 113 of title 23, United such project.
(A) information on each activity or project States Code, with respect to public transpor- (2) MAXIMUM FEDERAL ASSISTANCE.—Federal
that received funding under this section; tation projects, passenger rail projects, and assistance other than a grant under this section
(B) a summary of any non-Federal resources freight rail projects, in the same manner that re- may be used to satisfy up to 100 percent of the
leveraged by a grant under this section; cipients of grants are required to comply with total cost of such project.
(C) any statistics, measurements, or quan- such subsection for construction work performed (h) PRIORITY.—In making grants under this
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titative assessments that demonstrate the con- on highway projects on Federal-aid highways. section, the Secretary shall prioritize projects
gestion reduction, reliability, safety, and envi- (m) TREATMENT OF FUNDS.—Except as pro- that address—
ronmental benefits achieved through activities vided in subsection (l), funds authorized for the (1) significant transportation safety chal-
or projects that received funding under this sec- purposes described in this section shall be avail- lenges;
tion; and able for obligation in the same manner as if the (2) state of good repair challenges that pose
(D) any additional information required by funds were apportioned under chapter 1 of title safety risks or risks to a local economy;
the Secretary. 23, United States Code. (3) economic development challenges;
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2729
(4) connectivity challenges that limit access to tion may partner with a private entity to carry given such term in section 31132 of title 49,
jobs or services; and out an eligible project under this section. United States Code.
(5) coordination of projects in the highway (3) LIMITATION.—Not more than 10 percent of (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
right-of-way with proposed broadband service the amounts made available to carry out this ty’’ means—
infrastructure needs. section may be used to promote the availability (A) a State;
(i) NOTIFICATION.—Not later than 3 business of existing commercial motor vehicle parking. (B) a metropolitan planning organization;
days before awarding a grant under this sec- (e) SELECTION CRITERIA.—In making grants (C) a unit of local government;
tion, the Secretary of Transportation shall no- under this section, the Secretary shall con- (D) a political subdivision of a State or local
tify the Committee on Transportation and Infra- sider— government carrying out responsibilities relating
structure of the House of Representatives and (1) in the case of construction of new commer- to commercial motor vehicle parking; and
the Committee on Environment and Public cial motor vehicle parking capacity, the short- (E) a multistate or multijurisdictional group of
Works of the Senate of the intention to award age of public and private commercial motor ve- entities described in subparagraphs (A) through
such a grant. hicle parking near the project; and (D).
(j) TREATMENT OF PROJECTS.—Notwith- (2) the extent to which each project— (3) SAFETY REST AREA.—The term ‘‘safety rest
standing any other provision of law, a project (A) would increase commercial motor vehicle area’’ has the meaning given such term in sec-
carried out under this section shall be treated as parking capacity or utilization; tion 120(c) of title 23, United States Code.
if the project is located on a Federal-aid high- (B) would facilitate the efficient movement of SEC. 1309. ACTIVE TRANSPORTATION
way. freight; CONNECTIVITY GRANT PROGRAM.
(k) DEFINITION OF RURAL COMMUNITY.—In (C) would improve safety, traffic congestion, (a) ESTABLISHMENT.—The Secretary of Trans-
this section, the term ‘‘rural community’’ means and air quality; portation shall establish an active transpor-
an area that is not an urbanized area, as such (D) is cost effective; and tation connectivity grant program to provide for
term is defined in section 101(a) of title 23, (E) reflects consultation with motor carriers, safe and connected active transportation facili-
United States Code. commercial motor vehicle operators, and private ties.
SEC. 1308. PARKING FOR COMMERCIAL MOTOR providers of commercial motor vehicle parking. (b) GRANT AUTHORITY.—In carrying out the
VEHICLES. (f) NOTIFICATION OF CONGRESS.—Not later program established in subsection (a), the Sec-
(a) ESTABLISHMENT.—The Secretary of Trans- than 3 business days before announcing a retary shall make grants, on a competitive basis,
portation shall establish a program under which project selected to receive a grant under this sec- in accordance with this section.
the Secretary shall make grants, on a competi- tion, the Secretary of Transportation shall no- (c) ELIGIBLE APPLICANTS.—The Secretary may
tive basis, to eligible entities to address the tify the Committee on Transportation and Infra- make a grant under this section to—
shortage of parking for commercial motor vehi- structure of the House of Representatives and (1) a State;
cles to improve the safety of commercial motor the Committee on Environment and Public (2) a metropolitan planning organization;
vehicle operators. Works of the Senate of the intention to award (3) a regional transportation authority;
(b) APPLICATIONS.—To be eligible for a grant such a grant. (4) a unit of local government, including a
under this section, an eligible entity shall sub- (g) TREATMENT OF FUNDS.— county or multi-county special district;
mit to the Secretary an application in such (1) TREATMENT OF PROJECTS.—Notwith- (5) a Federal land management agency;
form, at such time, and containing such infor- standing any other provision of law, any project (6) a natural resource or public land agency;
mation as the Secretary may require. funded by a grant under this section shall be (7) a Tribal government or a consortium of
(c) ELIGIBLE PROJECTS.—Projects eligible treated as a project on a Federal-aid highway Tribal governments;
under this section are projects that— under chapter 1 of title 23, United States Code. (8) any local or regional governmental entity
(1) construct safety rest areas that include (2) FEDERAL SHARE.—The Federal share of the with responsibility for or oversight of transpor-
parking for commercial motor vehicles; cost of a project under this section shall be de- tation or recreational trails; and
(2) construct commercial motor vehicle park- termined in accordance with subsections (b) and (9) a multistate or multijurisdictional group of
ing facilities— (c) of section 120 of title 23, United States Code. entities described in this subsection.
(A) adjacent to private commercial truckstops (h) PROHIBITION ON CHARGING FEES.—To be (d) APPLICATIONS.—To be eligible for a grant
and travel plazas; eligible for a grant under this section, an eligi- under this section, an entity specified under
(B) within the boundaries of, or adjacent to, ble entity shall certify that no fees will be subsection (c) shall submit to the Secretary an
a publicly owned freight facility, including a charged for the use of a project assisted with application in such form, at such time, and con-
port terminal operated by a public authority; such grant. taining such information as the Secretary deter-
and (i) AMENDMENT TO MAP–21.—Section mines is appropriate.
(C) at existing facilities, including inspection 1401(c)(1) of MAP–21 (23 U.S.C. 137 note) is (e) ELIGIBLE PROJECTS.—The Secretary shall
and weigh stations and park-and-ride locations; amended— provide grants under this section to projects
(3) open existing weigh stations, safety rest (1) by inserting ‘‘and private providers of com- that improve the connectivity and the use of ac-
areas, and park-and-ride facilities to commercial mercial motor vehicle parking’’ after ‘‘per- tive transportation facilities—
motor vehicle parking; sonnel’’; and (1) including—
(4) facilitate access to publicly and privately (2) in subparagraph (A) by striking ‘‘the capa- (A) active transportation networks;
provided commercial motor vehicle parking, bility of the State to provide’’ and inserting ‘‘the (B) active transportation spines; and
such as through the use of intelligent transpor- availability of’’. (C) planning related to the development of—
tation systems; (j) SURVEY; COMPARATIVE ASSESSMENT; RE- (i) active transportation networks;
(5) construct turnouts along a Federal-aid PORT.— (ii) active transportation spines; and
highway for commercial motor vehicles; (1) UPDATE.—Not later than 2 years after the (iii) complete streets plans to create a con-
(6) make capital improvements to public com- date of enactment of this Act, the Secretary nected network of active transportation facili-
mercial motor vehicle parking facilities that are shall update the survey of each State required ties, including sidewalks, bikeways, or pedes-
closed on a seasonal basis to allow the facilities under section 1401(c)(1) of the MAP–21 (23 trian and bicycle trails; and
to remain open year-round; U.S.C. 137 note). (2) that have—
(7) open existing commercial motor vehicle (2) REPORT.—Not later than 1 year after the (A) total project costs of not less than
chain-up areas that are closed on a seasonal deadline under paragraph (1), the Secretary $15,000,000; or
basis to allow the facilities to remain open year- shall publish on the website of the Department (B) in the case of planning grants under sub-
round for commercial motor vehicle parking; of Transportation a report that— section (f), a total cost of not less than $100,000.
(8) address commercial motor vehicle parking (A) evaluates the availability of adequate (f) PLANNING GRANTS.—Of the amounts made
and layover needs in emergencies that strain the parking and rest facilities for commercial motor available to carry out this section, the Secretary
capacity of existing publicly and privately pro- vehicles engaged in interstate transportation; may use not more than 10 percent to provide
vided commercial motor vehicle parking; and (B) evaluates the effectiveness of the projects planning grants to eligible applicants for activi-
(9) make improvements to existing commercial funded under this section in improving access to ties under subsection (e)(1)(C).
motor vehicle parking facilities, including ad- commercial motor vehicle parking; and (g) CONSIDERATIONS.—In making grants under
vanced truckstop electrification systems. (C) reports on the progress being made to pro- this section, the Secretary shall consider the ex-
(d) USE OF FUNDS.— vide adequate commercial motor vehicle parking tent to which—
(1) IN GENERAL.—An eligible entity may use a facilities in the State. (1) a project is likely to provide substantial
grant under this section for— (3) CONSULTATION.—The Secretary shall pre- additional opportunities for walking and bicy-
(A) development phase activities, including pare the report required under paragraph (2) in cling, including through the creation of—
planning, feasibility analysis, benefit-cost anal- consultation with— (A) active transportation networks connecting
ysis, environmental review, preliminary engi- (A) relevant State motor carrier safety per- destinations within or between communities, in-
neering and design work, and other sonnel; cluding schools, workplaces, residences, busi-
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preconstruction activities necessary to advance (B) motor carriers and commercial motor vehi- nesses, recreation areas, and other community
a project described in subsection (c); and cle operators; and areas; and
(B) construction and operational improve- (C) private providers of commercial motor ve- (B) active transportation spines connecting 2
ments, as such terms are defined in section 101 hicle parking. or more communities, metropolitan areas, or
of title 23, United States Code. (k) DEFINITIONS.—In this section: States;
(2) PRIVATE SECTOR PARTICIPATION.—An eligi- (1) COMMERCIAL MOTOR VEHICLE.—The term (2) an applicant has adequately considered or
ble entity that receives a grant under this sec- ‘‘commercial motor vehicle’’ has the meaning will consider, including through the opportunity
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H2730 CONGRESSIONAL RECORD — HOUSE June 30, 2020
for public comment, the environmental justice (B) by inserting after paragraph (5) the fol- (D) by inserting after subparagraph (I) the
and equity impacts of the project; lowing: following:
(3) the project would improve safety for vul- ‘‘(6) STIP.—The term ‘STIP’ means a state- ‘‘(J) facilitate emergency management, re-
nerable road users, including through the use of wide transportation improvement program devel- sponse, and evacuation and hazard mitigation;
complete street design policies or a safe system oped by a State under section 135(g).’’; ‘‘(K) improve the level of transportation sys-
approach; and (3) in subsection (c)— tem access;
(4) a project integrates active transportation (A) in paragraph (1) by striking ‘‘and trans- ‘‘(L) support inclusive zoning policies and
facilities with public transportation services, portation improvement programs’’ and inserting land use planning practices that incentivize af-
where available, to improve access to public ‘‘and TIPs’’; and fordable, elastic, and diverse housing supply,
transportation. (B) by adding at the end the following: facilitate long-term economic growth by improv-
(h) LIMITATION.— ‘‘(4) CONSIDERATION.—In developing the plans ing the accessibility of housing to jobs, and pre-
(1) IN GENERAL.—The share of the cost of a and TIPs, metropolitan planning organizations vent high housing costs from displacing eco-
project assisted with a grant under this section shall consider direct and indirect emissions of nomically disadvantaged households; and’’;
may not exceed 80 percent. greenhouse gases.’’; (7) in subsection (h)(2) by striking subpara-
(2) MAXIMUM FEDERAL ASSISTANCE.—Federal (4) in subsection (d)— graph (A) and inserting the following:
assistance other than a grant under this section (A) in paragraph (2) by striking ‘‘Not later ‘‘(A) IN GENERAL.—Through the use of a per-
than 2 years after the date of enactment of formance-based approach, transportation in-
may be used to satisfy up to 100 percent of the
MAP–21, each’’ and inserting ‘‘Each’’; vestment decisions made as a part of the metro-
total project cost.
(i) ELIGIBLE PROJECT COSTS.—Amounts made (B) in paragraph (3) by adding at the end the politan transportation planning process shall
available for a project under this section may be following: support the national goals described in section
used for— ‘‘(D) CONSIDERATIONS.— 150(b), the achievement of metropolitan and
(1) development phase activities, including ‘‘(i) EQUITABLE AND PROPORTIONAL REPRESEN- statewide targets established under section
planning, feasibility analysis, revenue fore- TATION.—In designating officials or representa- 150(d), the improvement of transportation sys-
casting, environmental review, preliminary engi- tives under paragraph (2), the metropolitan tem access (consistent with section 150(f)), and
neering and design work, and other planning organization shall consider the equi- the general purposes described in section 5301 of
preconstruction activities; and table and proportional representation of the title 49.’’;
population of the metropolitan planning area. (8) in subsection (i)—
(2) construction, reconstruction, rehabilita- (A) in paragraph (2)(D)(i) by inserting ‘‘re-
tion, acquisition of real property (including ‘‘(ii) SAVINGS CLAUSE.—Nothing in this para-
graph shall require a metropolitan planning or- duce greenhouse gas emissions and’’ before ‘‘re-
land related to the project and improvements to store and maintain’’;
the land), environmental mitigation, construc- ganization in existence on the date of enactment
(B) in paragraph (2)(G) by inserting ‘‘and cli-
tion contingencies, acquisition of equipment, of this subparagraph to be restructured.
mate change’’ after ‘‘infrastructure to natural
and operational improvements. ‘‘(iii) REDESIGNATION.—Notwithstanding
disasters’’;
(j) NOTIFICATION.—Not later than 3 business clause (ii), the requirements of this paragraph (C) in paragraph (2)(H) by inserting ‘‘green-
days before awarding a grant under this sec- shall apply to any metropolitan planning orga- house gas emissions,’’ after ‘‘pollution,’’;
tion, the Secretary of Transportation shall no- nization redesignated under paragraph (6).’’; (D) in paragraph (5)—
tify the Committee on Transportation and Infra- (C) in paragraph (6)(B) by striking ‘‘para- (i) in subparagraph (A) by inserting ‘‘air
structure of the House of Representatives and graph (2)’’ and inserting ‘‘paragraphs (2) or quality, public health, housing, transportation,
the Committee on Environment and Public (3)(D)’’; and resilience, hazard mitigation, emergency man-
Works of the Senate of the intention to award (D) in paragraph (7)— agement,’’ after ‘‘conservation,’’; and
such a grant. (i) by striking ‘‘an existing metropolitan plan- (ii) by striking subparagraph (B) and insert-
(k) TREATMENT OF PROJECTS.—Notwith- ning area’’ and inserting ‘‘an urbanized area’’; ing the following:
standing any other provision of law, a project and ‘‘(B) ISSUES.—The consultation shall involve,
carried out under this section shall be treated in (ii) by striking ‘‘the existing metropolitan as appropriate, comparison of transportation
the manner described under section 133(i) of title planning area’’ and inserting ‘‘the area’’; plans to other relevant plans, including, if
23, United States Code. (5) in subsection (g)— available—
(l) DEFINITIONS.—In this section: (A) in paragraph (1) by striking ‘‘a metropoli- ‘‘(i) State conservation plans or maps; and
(1) ACTIVE TRANSPORTATION.—The term ‘‘ac- tan area’’ and inserting ‘‘an urbanized area’’; ‘‘(ii) inventories of natural or historic re-
tive transportation’’ means mobility options (B) in paragraph (2) by striking ‘‘MPOS’’ and sources.’’; and
inserting ‘‘METROPOLITAN PLANNING AREAS’’; (E) by amending paragraph (6)(C) to read as
powered primarily by human energy, including
(C) in paragraph (3)(A) by inserting ‘‘emer- follows:
bicycling and walking.
gency response and evacuation, climate change ‘‘(C) METHODS.—
(2) ACTIVE TRANSPORTATION NETWORK.—The ‘‘(i) IN GENERAL.—In carrying out subpara-
term ‘‘active transportation network’’ means fa- adaptation and resilience,’’ after ‘‘disaster risk
reduction,’’; and graph (A), the metropolitan planning organiza-
cilities built for active transportation, including tion shall, to the maximum extent practicable—
sidewalks, bikeways, and pedestrian and bicycle (D) by adding at the end the following:
‘‘(4) COORDINATION BETWEEN MPOS.— ‘‘(I) hold any public meetings at convenient
trails, that connect destinations within a com- and accessible locations and times;
munity, a metropolitan area, or on Federal ‘‘(A) IN GENERAL.—If more than 1 metropoli-
tan planning organization is designated within ‘‘(II) employ visualization techniques to de-
lands. scribe plans; and
(3) ACTIVE TRANSPORTATION SPINE.—The term an urbanized area under subsection (d)(7), the
‘‘(III) make public information available in
‘‘active transportation spine’’ means facilities metropolitan planning organizations designated
electronically accessible format and means, such
built for active transportation, including side- within the area shall ensure, to the maximum
as the internet, as appropriate to afford reason-
walks, bikeways, and pedestrian and bicycle extent practicable, the consistency of any data
able opportunity for consideration of public in-
trails, that connect communities, metropolitan used in the planning process, including infor-
formation under subparagraph (A).
areas, Federal lands, or States. mation used in forecasting transportation de- ‘‘(ii) ADDITIONAL METHODS.—In addition to
(4) SAFE SYSTEM APPROACH.—The term ‘‘safe mand. the methods described in clause (i), in carrying
system approach’’ has the meaning given such ‘‘(B) SAVINGS CLAUSE.—Nothing in this para- out subparagraph (A), the metropolitan plan-
term in section 148(a) of title 23, United States graph requires metropolitan planning organiza- ning organization shall, to the maximum extent
Code. tions designated within a single urbanized area practicable—
(5) VULNERABLE ROAD USER.—The term ‘‘vul- to jointly develop planning documents, includ- ‘‘(I) use virtual public involvement, social
nerable road user’’ has the meaning given such ing a unified long-range transportation plan or media, and other web-based tools to encourage
term in section 148(a) of title 23, United States unified TIP.’’; public participation and solicit public feedback;
Code. (6) in subsection (h)(1)— and
(A) by striking subparagraph (E) and insert- ‘‘(II) use other methods, as appropriate, to
Subtitle D—Planning, Performance ing the following:
Management, and Asset Management further encourage public participation of his-
‘‘(E) protect and enhance the environment, torically underrepresented individuals in the
SEC. 1401. METROPOLITAN TRANSPORTATION promote energy conservation, reduce greenhouse transportation planning process.’’;
PLANNING. gas emissions, improve the quality of life and (9) in subsection (j) by striking ‘‘transpor-
Section 134 of title 23, United States Code, is public health, and promote consistency between tation improvement program’’ and inserting
amended— transportation improvements and State and ‘‘TIP’’ each place it appears; and
(1) in subsection (a) by striking ‘‘resiliency local planned growth and economic development (10) by striking ‘‘Federally’’ each place it ap-
needs while minimizing transportation-related patterns, including housing and land use pat- pears and inserting ‘‘federally’’.
fuel consumption and air pollution’’ and insert- terns;’’; SEC. 1402. STATEWIDE AND NONMETROPOLITAN
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ing ‘‘resilience and climate change adaptation (B) in subparagraph (I)— TRANSPORTATION PLANNING.
needs while reducing transportation-related fuel (i) by inserting ‘‘, sea level rise, extreme Section 135 of title 23, United States Code, is
consumption, air pollution, and greenhouse gas weather, and climate change’’ after amended—
emissions’’; ‘‘stormwater’’; and (1) in subsection (a)—
(2) in subsection (b)— (ii) by striking ‘‘and’’ at the end; (A) in paragraph (1) by striking ‘‘statewide
(A) by redesignating paragraphs (6) and (7) as (C) by redesignating subparagraph (J) as sub- transportation improvement program’’ and in-
paragraphs (7) and (8), respectively; and paragraph (M); and serting ‘‘STIP’’;
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2731
(B) in paragraph (2)— ‘‘(i) IN GENERAL.—in carrying out’’; SEC. 1403. NATIONAL GOALS AND PERFORMANCE
(i) by striking ‘‘The statewide transportation (ii) by redesignating clauses (i) through (iv) as MANAGEMENT MEASURES.
plan and the’’ and inserting the following: subclauses (I) through (IV), respectively; and (a) IN GENERAL.—Section 150 of title 23,
‘‘(A) IN GENERAL.—The statewide transpor- (iii) by adding at the end the following: United States Code, is amended—
tation plan and the’’; ‘‘(ii) ADDITIONAL METHODS.—In addition to (1) in subsection (b)—
(ii) by striking ‘‘transportation improvement the methods described in clause (i), in carrying (A) by redesignating paragraph (7) as para-
program’’ and inserting ‘‘STIP’’; and out subparagraph (A), the State shall, to the graph (8); and
(iii) by adding at the end the following: maximum extent practicable— (B) by inserting after paragraph (6) the fol-
‘‘(B) CONSIDERATION.—In developing the ‘‘(I) use virtual public involvement, social lowing:
statewide transportation plans and STIPs, media, and other web-based tools to encourage ‘‘(7) COMBATING CLIMATE CHANGE.—To reduce
States shall consider direct and indirect emis- public participation and solicit public feedback; carbon dioxide and other greenhouse gas emis-
sions of greenhouse gases.’’; and and sions and reduce the climate impacts of the
(C) in paragraph (3) by striking ‘‘transpor- ‘‘(II) use other methods, as appropriate, to transportation system.’’;
tation improvement program’’ and inserting further encourage public participation of his- (2) in subsection (c)—
‘‘STIP’’; torically underrepresented individuals in the (A) in paragraph (1) by striking ‘‘Not later
(2) in subsection (d)— transportation planning process.’’; than 18 months after the date of enactment of
(A) in paragraph (1)— (C) in paragraph (4)(A) by inserting ‘‘reduce the MAP–21, the Secretary’’ and inserting ‘‘The
(i) in subparagraph (E)— greenhouse gas emissions and’’ after ‘‘potential Secretary’’; and
(I) by inserting ‘‘reduce greenhouse gas emis- to’’; and (B) by adding at the end the following:
sions,’’ after ‘‘promote energy conservation,’’; ‘‘(7) GREENHOUSE GAS EMISSIONS.—The Sec-
(D) in paragraph (8) by inserting ‘‘greenhouse
(II) by inserting ‘‘and public health’’ after retary shall establish, in consultation with the
gas emissions,’’ after ‘‘pollution,’’;
‘‘improve the quality of life’’; and (5) in subsection (g)— Administrator of the Environmental Protection
(III) by inserting ‘‘, including housing and (A) in paragraph (1)(A) by striking ‘‘statewide Agency, measures for States to use to assess—
land use patterns’’ after ‘‘economic development transportation improvement program’’ and in- ‘‘(A) carbon dioxide emissions per capita on
patterns’’; serting ‘‘STIP’’; public roads; and
(ii) in subparagraph (I)— ‘‘(B) any other greenhouse gas emissions per
(B) in paragraph (3) by striking ‘‘opera-
(I) by inserting ‘‘, sea level rise, extreme capita on public roads that the Secretary deter-
tors),,’’ and inserting ‘‘operators),’’;
weather, and climate change’’ after ‘‘mitigate (C) in paragraph (4) by striking ‘‘statewide mines to be appropriate.’’;
stormwater’’; and (3) in subsection (d)—
transportation improvement program’’ and in-
(II) by striking ‘‘and’’ after the semicolon; (A) in paragraph (1)—
serting ‘‘STIP’’ each place it appears; (i) by striking ‘‘Not later than 1 year after the
(iii) by redesignating subparagraph (J) as sub- (D) in paragraph (5)—
paragraph (M); and Secretary has promulgated the final rulemaking
(i) in subparagraph (A) by striking ‘‘transpor-
(iv) by inserting after subparagraph (I) the under subsection (c), each’’ and inserting
tation improvement program’’ and inserting
following: ‘‘Each’’; and
‘‘STIP’’; (ii) by striking ‘‘and (6)’’ and inserting ‘‘(6),
‘‘(J) facilitate emergency management, re- (ii) in subparagraph (B)(ii) by striking ‘‘met-
sponse, and evacuation and hazard mitigation; and (7)’’; and
ropolitan transportation improvement program’’ (B) by adding at the end the following:
‘‘(K) improve the level of transportation sys- and inserting ‘‘TIP’’; ‘‘(3) REGRESSIVE TARGETS.—
tem access; (iii) in subparagraph (C) by striking ‘‘trans- ‘‘(A) IN GENERAL.—A State may not establish
‘‘(L) support inclusive zoning policies and portation improvement program’’ and inserting a regressive target for the measures described
land use planning practices that incentivize af- ‘‘STIP’’ each place it appears; under paragraph (4) or paragraph (7) of sub-
fordable, elastic, and diverse housing supply, (iv) in subparagraph (E) by striking ‘‘trans- section (c).
facilitate long-term economic growth by improv- portation improvement program’’ and inserting ‘‘(B) REGRESSIVE TARGET DEFINED.—In this
ing the accessibility of housing to jobs, and pre- ‘‘STIP’’; paragraph, the term ‘regressive target’ means a
vent high housing costs from displacing eco- (v) in subparagraph (F)(i) by striking ‘‘trans- target that fails to demonstrate constant or im-
nomically disadvantaged households; and’’; portation improvement program’’ and inserting proved performance for a particular measure.’’;
(B) in paragraph (2)— ‘‘STIP’’ each place it appears; (4) in subsection (e)—
(i) by striking subparagraph (A) and inserting (vi) in subparagraph (G)(ii) by striking (A) by striking ‘‘Not later than 4 years after
the following: ‘‘transportation improvement program’’ and in- the date of enactment of the MAP–21 and bien-
‘‘(A) IN GENERAL.—Through the use of a per- serting ‘‘STIP’’; and nially thereafter, a’’ and inserting ‘‘A’’; and
formance-based approach, transportation in- (vii) in subparagraph (H) by striking ‘‘trans- (B) by inserting ‘‘biennial’’ after ‘‘the Sec-
vestment decisions made as a part of the state- portation improvement program’’ and inserting retary a’’; and
wide transportation planning process shall sup- ‘‘STIP’’; (5) by adding at the end the following:
port— (E) in paragraph (6)— ‘‘(f) TRANSPORTATION SYSTEM ACCESS.—
‘‘(i) the national goals described in section (i) in subparagraph (A)— ‘‘(1) IN GENERAL.—The Secretary shall estab-
150(b); (I) by striking ‘‘transportation improvement lish measures for States and metropolitan plan-
‘‘(ii) the consideration of transportation sys- program’’ and inserting ‘‘STIP’’; and ning organizations to use to assess the level of
tem access (consistent with section 150(f)); (II) by striking ‘‘and projects carried out safe, reliable, and convenient transportation
‘‘(iii) the achievement of statewide targets es- under the bridge program or the Interstate system access to—
tablished under section 150(d); and maintenance program’’; and ‘‘(A) employment; and
‘‘(iv) the general purposes described in section (ii) in subparagraph (B)— ‘‘(B) services.
5301 of title 49.’’; and (I) by striking ‘‘or under the bridge program ‘‘(2) CONSIDERATIONS.—The measures estab-
(ii) in subparagraph (D) by striking ‘‘state- or the Interstate maintenance program’’; lished pursuant to paragraph (1) shall include
wide transportation improvement program’’ and (II) by striking ‘‘5310, 5311, 5316, and 5317’’ the ability for States and metropolitan planning
inserting ‘‘STIP’’; and and inserting ‘‘5310 and 5311’’; and organizations to assess—
(C) in paragraph (3) by striking ‘‘statewide (III) by striking ‘‘statewide transportation im- ‘‘(A) the change in the level of transportation
transportation improvement program’’ and in- provement program’’ and inserting ‘‘STIP’’; system access for various modes of travel, in-
serting ‘‘STIP’’; (F) in paragraph (7)— cluding connection to other modes of transpor-
(3) in subsection (e)(3) by striking ‘‘transpor- (i) in the heading by striking ‘‘TRANSPOR- tation, that would result from new transpor-
tation improvement program’’ and inserting TATION IMPROVEMENT PROGRAM’’ and inserting tation investments;
‘‘STIP’’; ‘‘STIP’’; and ‘‘(B) the level of transportation system access
(4) in subsection (f)— (ii) by striking ‘‘transportation improvement for economically disadvantaged communities,
(A) in paragraph (2)(D)— program’’ and inserting ‘‘STIP’’; including to affordable housing; and
(i) in clause (i) by inserting ‘‘air quality, pub- (G) in paragraph (8) by striking ‘‘statewide ‘‘(C) the extent to which transportation access
lic health, housing, transportation, resilience, transportation plans and programs’’ and insert- is impacted by zoning policies and land use
hazard mitigation, emergency management,’’ ing ‘‘statewide transportation plans and planning practices that effect the affordability,
after ‘‘conservation,’’; and STIPs’’; and elasticity, and diversity of the housing supply.
(ii) by amending clause (ii) to read as follows: (H) in paragraph (9) by striking ‘‘transpor- ‘‘(3) DEFINITION OF SERVICES.—In this sub-
‘‘(ii) COMPARISON AND CONSIDERATION.—Con- tation improvement program’’ and inserting section, the term ‘services’ includes healthcare
sultation under clause (i) shall involve the com- ‘‘STIP’’; facilities, child care, education and workforce
parison of transportation plans to other rel- (6) in subsection (h)(2)(A) by striking ‘‘Not training, food sources, banking and other finan-
evant plans and inventories, including, if avail- later than 5 years after the date of enactment of cial institutions, and other retail shopping es-
able— the MAP–21,’’ and inserting ‘‘Not less fre- tablishments.’’.
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‘‘(I) State and tribal conservation plans or quently than once every 4 years,’’; (b) METROPOLITAN TRANSPORTATION PLAN-
maps; and (7) in subsection (k) by striking ‘‘transpor- NING.—Section 134 of title 23, United States
‘‘(II) inventories of natural or historic re- tation improvement program’’ and inserting Code, is further amended—
sources.’’; ‘‘STIP’’ each place it appears; and (1) in subsection (j)(2)(D)—
(B) in paragraph (3)(B)— (8) in subsection (m) by striking ‘‘transpor- (A) by striking ‘‘PERFORMANCE TARGET
(i) by striking ‘‘In carrying out’’ and inserting tation improvement programs’’ and inserting ACHIEVEMENT’’ in the heading and inserting
the following: ‘‘STIPs’’. ‘‘PERFORMANCE MANAGEMENT’’;
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H2732 CONGRESSIONAL RECORD — HOUSE June 30, 2020
(B) by striking ‘‘The TIP’’ and inserting the tation shall issue such regulations as are nec- (i) driving;
following: essary to carry out paragraph (7) of section (ii) public transportation;
‘‘(i) IN GENERAL.—The TIP’’; and 150(c) of title 23, United States Code, as added (iii) walking (including conveyance for per-
(C) by adding at the end the following: by this Act. sons with disabilities); and
‘‘(ii) TRANSPORTATION MANAGEMENT AREAS.— (f) DEVELOPMENT OF TRANSPORTATION SYSTEM (iv) cycling (including micromobility).
For metropolitan planning areas that represent ACCESS MEASURE.— (C) The ability to disaggregate the level of
an urbanized area designated as a transpor- (1) ESTABLISHMENT.—Not later than 120 days transportation system access by various trans-
tation management area under subsection (k), after the date of enactment of this Act, the Sec- portation modes by a variety of population cat-
the TIP shall include— retary of Transportation shall establish a work- egories, including—
‘‘(I) a discussion of the anticipated effect of ing group to assess the provisions of paragraphs (i) low-income populations;
the TIP toward achieving the performance tar- (1) and (2) of section 150(f) and make rec- (ii) minority populations;
gets established in the metropolitan transpor- ommendations regarding the establishment of (iii) age;
tation plan, linking investment priorities to such measures for States and metropolitan planning (iv) disability; and
performance targets; and organizations to use to assess the level of trans- (v) geographical location.
‘‘(II) a description of how the TIP would im- portation system access for various modes of (D) The ability to assess the change in the
prove the overall level of transportation system travel, consistent with section 150(f) of title 23, level of transportation system access that would
access, consistent with section 150(f).’’; United States Code. result from new transportation investments.
(2) in subsection (k)— (2) MEMBERS.—The working group established (3) CONSIDERATION.—An eligible transpor-
(A) in paragraph (3)(A)— pursuant to paragraph (1) shall include rep- tation system access data set and analytical tool
(i) by striking ‘‘shall address congestion man- resentatives from— shall take into consideration safe and connected
agement’’ and inserting the following: ‘‘shall (A) the Department of Transportation; networks for walking, cycling, and persons with
address— (B) State departments of transportation, in- disabilities.
‘‘(i) congestion management’’; cluding representatives that specialize in pedes- (h) DEFINITIONS.—In this section:
(ii) by striking the period at the end and in- trian and bicycle safety; (1) TRANSPORTATION SYSTEM ACCESS.—The
serting ‘‘; and’’; and (C) the Bureau of Transportation Statistics; term ‘‘transportation system access’’ has the
(iii) by adding at the end the following: (D) metropolitan planning organizations rep- meaning given such term in section 101 of title
‘‘(ii) the overall level of transportation system resenting transportation management areas (as 23, United States Code.
access for various modes of travel within the those terms are defined in section 134 of title 23, (2) SERVICES.—The term ‘‘services’’ has the
metropolitan planning area, including the level United States Code); meaning given such term in section 150(f) of title
of access for economically disadvantaged com- (E) other metropolitan planning organizations 23, United States Code.
munities, consistent with section 150(f), that is or local governments; SEC. 1404. TRANSPORTATION DEMAND DATA AND
based on a cooperatively developed and imple- (F) providers of public transportation; MODELING STUDY.
(G) nonprofit entities related to transpor-
mented metropolitan-wide strategy, assessing (a) STUDY.—
tation, including relevant safety groups;
both new and existing transportation facilities (1) IN GENERAL.—The Secretary of Transpor-
(H) experts in the field of transportation ac-
eligible for funding under this title and chapter tation shall conduct a study on transportation
cess data; and
53 of title 49.’’; and (I) any other stakeholders, as determined by demand data and modeling, including transpor-
(B) in paragraph (5)(B)— the Secretary. tation demand forecasting.
(i) in clause (i) by striking ‘‘; and’’ and insert- (3) REPORT.— (2) CONTENTS.—In carrying out the study
ing a semicolon; (A) SUBMISSION.—Not later than 1 year after under this section, the Secretary shall—
(ii) in clause (ii) by striking the period and in- the establishment of the working group pursu- (A) collect observed transportation demand
serting ‘‘; and’’; and ant to paragraph (1), the working group shall data and transportation demand forecasts from
(iii) by adding at the end the following: submit to the Secretary a report of recommenda- States and metropolitan planning organizations,
‘‘(iii) the TIP approved under clause (ii) im- tions regarding the establishment of measures including data and forecasts on—
proves the level of transportation system access, for States and metropolitan planning organiza- (i) traffic counts;
consistent with section 150(f).’’; and tions to use to assess the level of transportation (ii) transportation mode share and public
(3) in subsection (l)(2)— system access, consistent with section 150(f) of transportation ridership; and
(A) by striking ‘‘5 years after the date of en- title 23, United States Code. (iii) vehicle occupancy measures;
actment of the MAP–21’’ and inserting ‘‘2 years (B) PUBLICATION.—Not later than 30 days (B) compare the transportation demand fore-
after the date of enactment of the INVEST in after the date on which the Secretary receives casts with the observed transportation demand
America Act, and every 2 years thereafter’’; the report under subparagraph (A), the Sec- data gathered under subparagraph (A); and
(B) in subparagraph (C) by striking ‘‘and retary shall publish the report on a publicly ac- (C) use the information described in subpara-
whether metropolitan planning organizations cessible website of the Department of Transpor- graphs (A) and (B) to—
are developing meaningful performance targets; tation. (i) develop best practices and guidance for
and’’ and inserting a semicolon; and (4) RULEMAKING.—Not later than 2 years after States and metropolitan planning organizations
(C) by striking subparagraph (D) and insert- the date on which the Secretary receives the re- to use in forecasting transportation demand for
ing the following: port under paragraph (3), the Secretary shall future investments in transportation improve-
‘‘(D) a listing of all metropolitan planning or- issue such regulations as are necessary to imple- ments;
ganizations that are establishing performance ment the requirements of section 150(f) of title (ii) evaluate the impact of transportation in-
targets and whether such performance targets 23, United States Code. vestments, including new roadway capacity, on
established by the metropolitan planning orga- (5) TERMINATION.—The Secretary shall termi- transportation behavior and transportation de-
nization are meaningful or regressive (as de- nate the working group established pursuant to mand, including public transportation ridership,
fined in section 150(d)(3)(B)); and paragraph (1) on the date on which the regula- induced highway transportation, and conges-
‘‘(E) the progress of implementing the measure tion issued pursuant to paragraph (4) takes ef- tion;
established under section 150(f).’’. fect. (iii) support more accurate transportation de-
(c) STATEWIDE AND NONMETROPOLITAN TRANS- (g) TRANSPORTATION SYSTEM ACCESS DATA.— mand forecasting by States and metropolitan
PORTATION PLANNING.—Section 135(g)(4) of title (1) IN GENERAL.—Not later than 90 days after planning organizations;
23, United States Code, is further amended— the date on which the Secretary of Transpor- (iv) enhance the capacity of States and metro-
(1) by striking ‘‘PERFORMANCE TARGET tation establishes the measure required under politan planning organizations to—
ACHIEVEMENT’’ in the heading and inserting section 150(f) of title 23, United States Code, the (I) forecast transportation demand; and
‘‘PERFORMANCE MANAGEMENT’’; Secretary shall develop or procure eligible trans- (II) track observed transportation behavior re-
(2) by striking ‘‘shall include, to the maximum portation system access data sets and analytical sponses, including induced transportation, to
extent practicable, a discussion’’ and inserting tools and make such data sets and analytical changes in transportation capacity, pricing, and
the following: ‘‘shall include— tools available to State departments of transpor- land use patterns; and
‘‘(A) a discussion’’; tation and metropolitan planning areas that (v) develop transportation demand manage-
(3) by striking the period at the end and in- represent transportation management areas. ment strategies to maximize the efficiency of the
serting ‘‘; and’’; and (2) REQUIREMENTS.—An eligible transpor- transportation system, improve mobility, reduce
(4) by adding at the end the following: tation system access data set and analytical tool congestion, and lower vehicle emissions.
‘‘(B) a consideration of how the STIP impacts shall have the following characteristics: (3) COVERED ENTITIES.—In carrying out the
the overall level of transportation system access, (A) The ability to quantify the level of safe, study under this section, the Secretary shall en-
consistent with section 150(f).’’. reliable, and convenient transportation system sure that data and forecasts described in para-
(d) EFFECTIVE DATE.—The amendment made access to— graph (2)(A) are collected from—
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by subsection (a)(3)(B) shall take effect 1 year (i) employment; (A) States;
before the subsequent State target and reporting (ii) services; and (B) metropolitan planning organizations that
deadlines established pursuant to section 150 of (iii) connections to other modes of transpor- serve an area with a population of 200,000 peo-
title 23, United States Code. tation. ple or fewer; and
(e) DEVELOPMENT OF GREENHOUSE GAS MEAS- (B) The ability to quantify transportation sys- (C) metropolitan planning organizations that
URE.—Not later than 1 year after the date of en- tem access for various modes of travel, includ- serve an area with a population of over 200,000
actment of this Act, the Secretary of Transpor- ing— people.
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2733
(4) WORKING WITH THE PRIVATE SECTOR.—In (including bicycle, all-terrain, motorcyclist, and ‘‘(D) CRITERIA.—In making a determination
carrying out this section, the Secretary may, pedestrian safety); or under subparagraph (A), the head of a covered
and is encouraged to, procure additional data ‘‘(C) projects to enforce highway safety agency, with respect to the corridor, shall con-
as necessary from university transportation cen- laws.’’. sider—
ters, private sector providers, and other entities SEC. 1503. TRIBAL HIGH PRIORITY PROJECTS ‘‘(i) the condition of roads, bridges, and tun-
as is needed and may use funds authorized PROGRAM. nels; and
under section 503(b) of title 23, United States (a) TRIBAL TRANSPORTATION PROGRAM.—Sec- ‘‘(ii) the average annual daily traffic.
Code, for carrying out this paragraph. tion 202 of title 23, United States Code, is ‘‘(E) DEFINITIONS.—In this paragraph:
(b) REPORT.—Not later than 2 years after the amended— ‘‘(i) COVERED AGENCY.—The term ‘covered
date of enactment of this Act, the Secretary (1) by redesignating subsection (f) as sub- agency’ means a Federal agency eligible to re-
shall submit to Congress a report containing the section (g); and ceive funds under this section, section 203, or
findings of the study conducted under sub- (2) by inserting after subsection (e) the fol- section 204.
section (a). lowing: ‘‘(ii) HIGH-COMMUTER CORRIDOR.—The term
(c) SECRETARIAL SUPPORT.—The Secretary ‘‘(f) TRIBAL HIGH PRIORITY PROJECTS PRO- ‘high-commuter corridor’ means a Federal lands
shall seek opportunities to support the transpor- GRAM.—Before making any distribution under
transportation facility that has average annual
tation planning processes under sections 134 subsection (b), the Secretary shall set aside daily traffic of not less than 20,000 vehicles.’’.
and 135 of title 23, United States Code, through (b) GAO STUDY REGARDING NPS MAINTE-
$50,000,000 from the funds made available under
the provision of data to States and metropolitan NANCE.—
the tribal transportation program for each fiscal
planning organizations to improve the quality of (1) STUDY.—The Comptroller General of the
year to carry out the Tribal High Priority
transportation plans, models, and demand fore- United States shall study the National Park
Projects program under section 1123 of MAP–21
casts. Service maintenance prioritization of Federal
(23 U.S.C. 202 note).’’.
SEC. 1405. FISCAL CONSTRAINT ON LONG-RANGE lands transportation facilities.
(b) TRIBAL HIGH PRIORITY PROJECTS PRO- (2) CONTENTS.—At minimum, the study under
TRANSPORTATION PLANS. GRAM.—Section 1123 of MAP–21 (23 U.S.C. 202
Not later than 1 year after the date of enact- paragraph (1) shall examine—
note) is amended— (A) general administrative maintenance of the
ment of this Act, the Secretary shall amend sec- (1) in subsection (a)(1)(C) by striking ‘‘re-
tion 450.324(f)(11)(v) of title 23, Code of Federal National Park Service;
quired by that section’’ and inserting ‘‘required (B) how the National Park Service currently
Regulations, to ensure that the outer years of a under such program’’; prioritizes maintenance of Federal facilities cov-
metropolitan transportation plan are defined as (2) in subsection (b)(1) by striking ‘‘use ered under the Federal Lands Transportation
‘‘beyond the first 4 years’’. amounts made available under subsection (h) Program;
Subtitle E—Federal Lands, Tribes, and to’’; (C) what kind of maintenance the National
Territories (3) in subsection (d)— Parkway Service is performing;
SEC. 1501. TERRITORIAL AND PUERTO RICO (A) in paragraph (2) by inserting ‘‘, in con- (D) to what degree does the National Park
HIGHWAY PROGRAM. sultation with the Secretary of the Interior,’’ Service prioritize high-commuter corridors; and
Section 165 of title 23, United States Code, is after ‘‘The Secretary’’; and (E) how the National Park Service can better
amended— (B) in paragraph (3) by striking ‘‘of the Inte- service the needs of high commuter corridors.
(1) in subsection (a)— rior’’ each place it appears; (3) REPORT.—Not later than 1 year after the
(A) in paragraph (1) by striking (4) in subsection (f) by striking ‘‘$1,000,000’’ date of enactment of this Act, the Comptroller
‘‘$158,000,000’’ and inserting ‘‘$210,000,000’’; and and inserting ‘‘$5,000,000’’; General shall submit to the Committee on Trans-
(B) in paragraph (2) by striking ‘‘$42,000,000’’ (5) in subsection (g) by striking ‘‘and the Sec- portation and Infrastructure of the House of
and inserting ‘‘$100,000,000’’; retary’’ and inserting ‘‘or the Secretary’’; and Representatives and the Committee on Environ-
(2) in subsection (c)(6)(A)(iii) by striking ‘‘in (6) by striking subsection (h) and inserting the ment and Public Works of the Senate a report
accordance with subsections (b) and (c) of sec- following: summarizing the study and the results of such
tion 129’’ and inserting ‘‘including such boats, ‘‘(h) ADMINISTRATION.—The funds made study, including recommendations for address-
facilities, and approaches that are privately or available to carry out this section shall be ad- ing the maintenance needs and prioritization of
majority-privately owned, provided that such ministered in the same manner as funds made high-commuter corridors.
boats, facilities, and approaches provide a sub- available for the Tribal transportation program (4) DEFINITION OF HIGH-COMMUTER COR-
stantial public benefit’’; and under section 202 of title 23, United States RIDOR.—In this section, the term ‘‘high-com-
(3) by adding at the end the following: Code.’’. muter corridor’’ means a Federal lands trans-
‘‘(d) PARTICIPATION OF TERRITORIES IN DIS- SEC. 1504. FEDERAL LANDS TRANSPORTATION portation facility that has average annual daily
CRETIONARY PROGRAMS.—For any program in PROGRAM. traffic of not less than 20,000 vehicles.
which the Secretary may allocate funds out of (a) IN GENERAL.—Section 203(a) of title 23, SEC. 1505. FEDERAL LANDS AND TRIBAL MAJOR
the Highway Trust Fund (other than the Mass United States Code, is amended by adding at the PROJECTS PROGRAM.
Transit Account) to a State at the discretion of end the following: (a) IN GENERAL.—Chapter 2 of title 23, United
the Secretary, the Secretary may allocate funds ‘‘(6) TRANSFER FOR HIGH-COMMUTER COR- States Code, is amended by inserting after sec-
to one or more territory for any project or activ- RIDORS.— tion 207 the following:
ity that otherwise would be eligible under such ‘‘(A) REQUEST.—If the head of a covered
program if such project or activity was being ‘‘§ 208. Federal lands and Tribal major
agency determines that a high-commuter cor- projects program
carried out in a State.’’. ridor requires additional investment, based on
SEC. 1502. TRIBAL TRANSPORTATION PROGRAM. ‘‘(a) ESTABLISHMENT.—The Secretary shall es-
the criteria described in subparagraph (D), the tablish a Federal lands and Tribal major
Section 202 of title 23, United States Code, is head of a covered agency, with respect to such
amended— projects program (referred to in this section as
corridor, shall submit to the State— the ‘program’) to provide funding to construct,
(1) in subsection (d)— ‘‘(i) information on condition of pavements
(A) in paragraph (1) by striking ‘‘improving reconstruct, or rehabilitate critical Federal
and bridges; lands and Tribal transportation infrastructure.
deficient’’ and inserting ‘‘the construction and ‘‘(ii) an estimate of the amounts needed to
reconstruction of’’; ‘‘(b) ELIGIBLE APPLICANTS.—
bring such corridor into a state of good repair, ‘‘(1) IN GENERAL.—Except as provided in para-
(B) in paragraph (2)—
taking into consideration any planned future graph (2), entities eligible to receive funds under
(i) in subparagraph (A) by inserting ‘‘con-
investments; and sections 201, 202, 203, and 204 may apply for
struct,’’ after ‘‘project to’’; and
‘‘(iii) at the discretion of the head of a covered funding under the program.
(ii) in subparagraph (B)—
(I) by striking ‘‘deficient’’; and agency, a request that the State transfer to the ‘‘(2) SPECIAL RULE.—A State, county, or unit
(II) by inserting ‘‘in poor condition’’ after covered agency, under the authority of section of local government may only apply for funding
‘‘facility bridges’’; and 132 or section 204, or to the Federal Highway under the program if sponsored by an eligible
(C) in paragraph (3)— Administration, under the authority of section Federal land management agency or Indian
(i) in the heading by striking ‘‘ELIGIBLE 104, a portion of such amounts necessary to ad- Tribe.
BRIDGES’’ and inserting ‘‘ELIGIBILITY FOR EXIST- dress the condition of the corridor. ‘‘(c) ELIGIBLE PROJECTS.—An eligible project
ING BRIDGES’’; ‘‘(B) STATE RESPONSE.—Not later than 45 days under the program shall be on a Federal lands
(ii) by striking ‘‘a bridge’’ and inserting ‘‘an after the date of receipt of the request described transportation facility, a Federal lands access
existing bridge’’; and in subparagraph (A)(iii), the State shall— transportation facility, or a tribal transpor-
(iii) in subparagraph (C) by striking ‘‘struc- ‘‘(i) approve the request; tation facility, except that such facility is not
turally deficient or functionally obsolete’’ and ‘‘(ii) deny the request and explain the reasons required to be included in an inventory de-
inserting ‘‘in poor condition’’; and for such denial; or scribed in section 202 or 203, and for which—
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(2) in subsection (e) by striking ‘‘for eligible ‘‘(iii) request any additional information nec- ‘‘(1) the project—
projects described in section 148(a)(4).’’ and in- essary to take action on the request. ‘‘(A) has completed the activities required
serting the following: ‘‘for— ‘‘(C) NOTIFICATION TO THE SECRETARY.—The under the National Environmental Policy Act of
‘‘(A) eligible projects described in section head of a covered agency shall provide to the 1969 (42 U.S.C. 4321 et seq.) which has been dem-
148(a)(4); Secretary a copy of any request described under onstrated through—
‘‘(B) projects to promote public awareness and subparagraph (A)(iii) and response described ‘‘(i) a record of decision with respect to the
education concerning highway safety matters under subparagraph (B). project;
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H2734 CONGRESSIONAL RECORD — HOUSE June 30, 2020
‘‘(ii) a finding that the project has no signifi- (b) CLERICAL AMENDMENT.—The analysis for ‘‘(A) affects the application of the Federal
cant impact; or chapter 2 of title 23, United States Code, is share for a project carried out with a con-
‘‘(iii) a determination that the project is cat- amended by inserting after the item relating to tracting method under this subsection; or
egorically excluded; or section 207 the following new item: ‘‘(B) modifies the point of obligation of Fed-
‘‘(B) is reasonably expected to begin construc- ‘‘208. Federal lands and Tribal major projects eral salaries and expenses.’’.
tion not later than 18 months after the date of program.’’. (b) USE OF ALTERNATIVE CONTRACTING METH-
obligation of funds for the project; and (c) REPEAL.—Section 1123 of the FAST Act (23 OD.—In carrying out the amendments made by
‘‘(2) the project has an estimated cost equal to U.S.C. 201 note), and the item related to such this section, the Secretary shall—
or exceeding— section in the table of contents under section (1) in consultation with the applicable Federal
‘‘(A) $12,500,000 if it is on a Federal lands 1(b) of such Act, are repealed. land management agencies, establish procedures
transportation facility or a Federal lands access that are—
SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AF-
transportation facility; and FAIRS. (A) applicable to each alternative contracting
‘‘(B) $5,000,000 if it is on a Tribal transpor- method; and
Section 102 of title 49, United States Code, is
tation facility. (B) to the maximum extent practicable, con-
amended—
‘‘(d) ELIGIBLE ACTIVITIES.—Grant amounts re- sistent with requirements for Federal procure-
(1) in subsection (e)(1)—
ceived for a project under this section may be ment transactions;
(A) by striking ‘‘6 Assistant’’ and inserting ‘‘7
used for— (2) solicit input on the use of each alternative
Assistant’’;
‘‘(1) development phase activities, including contracting method from any affected industry
(B) in subparagraph (C) by striking ‘‘; and’’
planning, feasibility analysis, revenue fore- prior to using such method; and
and inserting a semicolon;
casting, environmental review, preliminary engi- (3) analyze and prepare an evaluation of the
(C) by redesignating subparagraph (D) as sub-
neering and design work, and other use of each alternative contracting method.
paragraph (E); and
preconstruction activities; and SEC. 1508. DIVESTITURE OF FEDERALLY OWNED
(D) by inserting after subparagraph (C) the
‘‘(2) construction, reconstruction, and reha- BRIDGES.
following:
bilitation activities. (a) IN GENERAL.—The Commissioner of the
‘‘(D) an Assistant Secretary for Tribal Gov-
‘‘(e) APPLICATIONS.—Eligible applicants shall Bureau of Reclamation may transfer ownership
ernment Affairs, who shall be appointed by the
submit to the Secretary an application at such of a bridge that is owned by the Bureau of Rec-
President; and’’; and
time, in such form, and containing such infor- lamation if—
(2) in subsection (f)—
mation as the Secretary may require. (1) the ownership of the bridge is transferred
(A) in the heading by striking ‘‘DEPUTY AS-
‘‘(f) PROJECT REQUIREMENTS.—The Secretary to a State with the concurrence of such State;
SISTANT SECRETARY FOR TRIBAL GOVERNMENT
may select a project to receive funds under the (2) the State to which ownership is transferred
AFFAIRS’’ and inserting ‘‘OFFICE OF TRIBAL
program only if the Secretary determines that agrees to operate and maintain the bridge;
GOVERNMENT AFFAIRS’’; and
the project— (3) the transfer of ownership complies with all
(B) by striking paragraph (1) and inserting
‘‘(1) improves the condition of critical trans- applicable Federal requirements, including—
the following:
portation facilities, including multimodal facili- (A) section 138 of title 23, United States Code;
‘‘(1) ESTABLISHMENT.—There is established in
ties; (B) section 306108 of title 54, United States
the Department an Office of Tribal Government
‘‘(2) cannot be easily and efficiently completed Code; and
Affairs, under the Assistant Secretary for Tribal
with amounts made available under section 202, (C) the National Environmental Policy Act of
Government Affairs, to—
203, or 204; and 1969 (42 U.S.C. 4321 et seq.); and
‘‘(A) oversee the Tribal transportation self-
‘‘(3) is cost effective. (4) the Bureau of Reclamation and the State
‘‘(g) MERIT CRITERIA.—In making a grant governance program under section 207 of title
23; to which ownership is being transferred jointly
under this section, the Secretary shall consider notify the Secretary of Transportation of the in-
whether the project— ‘‘(B) plan, coordinate, and implement policies
and programs serving Indian Tribes and Tribal tent to conduct a transfer prior to such transfer.
‘‘(1) will generate state of good repair, resil- (b) ACCESS.—In a transfer of ownership of a
ience, economic competitiveness, quality of life, organizations;
‘‘(C) coordinate Tribal transportation pro- bridge under this section, the Commissioner of
mobility, or safety benefits; the Bureau of Reclamation—
‘‘(2) in the case of a project on a Federal grams and activities in all offices and adminis-
trations of the Department; (1) shall not be required to transfer ownership
lands transportation facility or a Federal lands of the land on which the bridge is located or
access transportation facility, has costs matched ‘‘(D) provide technical assistance to Indian
Tribes and Tribal organizations; and any adjacent lands; and
by funds that are not provided under this sec- (2) shall make arrangements with the State to
tion or this title; and ‘‘(E) be a participant in any negotiated
rulemakings relating to, or having an impact which ownership is being transferred to allow
‘‘(3) generates benefits for land owned by mul- for adequate access to such bridge, including for
tiple Federal land management agencies or In- on, projects, programs, or funding associated
with the tribal transportation program under the purposes of construction, maintenance, and
dian Tribes, or which spans multiple States. bridge inspections pursuant to section 144 of
‘‘(h) EVALUATION AND RATING.—To evaluate section 202 of title 23.’’.
SEC. 1507. ALTERNATIVE CONTRACTING METH- title 23, United States Code.
applications, the Secretary shall—
ODS. SEC. 1509. STUDY ON FEDERAL FUNDING AVAIL-
‘‘(1) determine whether a project meets the re- ABLE TO INDIAN TRIBES.
quirements under subsection (f); (a) LAND MANAGEMENT AGENCIES AND TRIBAL
GOVERNMENTS.—Section 201 of title 23, United Not later than January 31 of each year, the
‘‘(2) evaluate, through a discernable and
States Code, is amended by adding at the end Secretary of Transportation shall submit to the
transparent methodology, how each application
the following: Committee on Transportation and Infrastruc-
addresses one or more merit criteria established
‘‘(f) ALTERNATIVE CONTRACTING METHODS.— ture of the House of Representatives and the
under subsection (g);
‘‘(3) assign a rating for each merit criteria for ‘‘(1) IN GENERAL.—Notwithstanding any other Committee on Environment and Public Works of
each application; and provision of law, the Secretary may use a con- the Senate a report that—
‘‘(4) consider applications only on the basis of tracting method available to a State under this (1) identifies the number of Indian Tribes that
such quality ratings and which meet the mini- title on behalf of— were direct recipients of funds under any discre-
mally acceptable level for each of the merit cri- ‘‘(A) a Federal land management agency, with tionary Federal highway, transit, or highway
teria. respect to any funds available pursuant to sec- safety program in the prior fiscal year;
‘‘(i) COST SHARE.— tion 203 or 204; (2) lists the total amount of such funds made
‘‘(1) FEDERAL LANDS PROJECTS.— ‘‘(B) a Federal land management agency, with available directly to such Tribes;
‘‘(A) IN GENERAL.—Notwithstanding section respect to any funds available pursuant to sec- (3) identifies the number and location of In-
120, the Federal share of the cost of a project on tion 1535 of title 31 for any eligible use described dian Tribes that were indirect recipients of
a Federal lands transportation facility or a Fed- in sections 203(a)(1) and 204(a)(1) of this title; or funds under any formula-based Federal high-
eral lands access transportation facility shall be ‘‘(C) a Tribal Government, with respect to any way, transit, or highway safety program in the
up to 90 percent. funds available pursuant to section 202(b)(7)(D). prior fiscal year; and
‘‘(B) NON-FEDERAL SHARE.—Notwithstanding ‘‘(2) METHODS DESCRIBED.—The contracting (4) lists the total amount of such funds made
any other provision of law, any Federal funds methods referred to in paragraph (1) shall in- available indirectly to such tribes through states
may be used to pay the non-Federal share of the clude, at a minimum— or other direct recipients of Federal highway,
cost of a project carried out under this section. ‘‘(A) project bundling; transit or highway safety funding.
‘‘(2) TRIBAL PROJECTS.—The Federal share of ‘‘(B) bridge bundling; SEC. 1510. GAO STUDY.
the cost of a project on a Tribal transportation ‘‘(C) design-build contracting; (a) IN GENERAL.—The Comptroller General of
facility shall be 100 percent. ‘‘(D) 2-phase contracting; the United States shall conduct a study on the
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‘‘(j) USE OF FUNDS.—For each fiscal year, of ‘‘(E) long-term concession agreements; and deferred maintenance of United States forest
the amounts made available to carry out this ‘‘(F) any method tested, or that could be test- roads, including—
section, not more than 50 percent shall be used ed, under an experimental program relating to (1) the current backlog;
for eligible projects on Federal lands transpor- contracting methods carried out by the Sec- (2) the current actions on such maintenance
tation facilities or Federal lands access trans- retary. and backlog;
portation facilities and Tribal transportation fa- ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this (3) the impacts of public safety due to such
cilities, respectively.’’. subsection— deferred maintenance; and
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2735
(4) recommendations for Congress on ways to (b) CONSIDERATIONS.—In carrying out sub- of the Indian Self-Determination and Education
address such backlog. paragraph (A), the Secretary shall consider— Assistance Act (25 U.S.C. 5304(e)).
(b) REPORT.—Not later than 1 year after the (1) crash statistics; (9) NTIA ADMINISTRATOR.—The term ‘‘NTIA
date of enactment of this Act, the Comptroller (2) road geometry characteristics; Administrator’’ means the Assistant Secretary of
General of the United States shall submit to the (3) roadside characteristics; Commerce for Communications and Information.
Committee on Transportation and Infrastruc- (4) traffic volume; (10) PROJECT.—The term ‘‘project’’ has the
ture of the House of Representatives and the (5) the possibility and likelihood of human meaning given such term in section 101 of title
Committee on Environment and Public Works of error; 23, United States Code.
the Senate a report containing the results of the (6) human injury tolerance; (11) SECRETARY.—The term ‘‘Secretary’’ means
study conducted under subsection (a). (7) the prevalence of vulnerable road users; the Secretary of Transportation.
and (12) STATE.—The term ‘‘State’’ has the mean-
Subtitle F—Additional Provisions (8) any other consideration, consistent with a
SEC. 1601. VISION ZERO.
ing given such term in section 401 of title 23,
safe system approach, as determined by the Sec- United States Code.
(a) IN GENERAL.—A local government, metro- retary. (13) STATE OR LOCAL BROADBAND PROVIDER.—
politan planning organization, or regional (c) REPORT ON SPEED MANAGEMENT PROGRAM
The term ‘‘State or local broadband provider’’
transportation planning organization may de- PLAN.—Not later than 1 year after the date of
means a State or political subdivision thereof, or
velop and implement a vision zero plan to sig- enactment of this Act, the Secretary shall up-
any agency, authority, or instrumentality of a
nificantly reduce or eliminate transportation-re- date and report on the implementation progress
State or political subdivision thereof, that pro-
lated fatalities and serious injuries within a of the Speed Management Program Plan of the
vides broadband to any person or facilitates the
specified timeframe, not to exceed 20 years. Department of Transportation, as described in
(b) USE OF FUNDS.—Amounts apportioned to a provision of broadband to any person in that
the safety recommendation issued by the Na-
State under paragraph (2) or (3) of section State.
tional Transportation Safety Board on August (14) TRIBAL GOVERNMENT.—The term ‘‘Tribal
104(b) of title 23, United States Code, may be 15, 2017, numbered H–17–018.
used to carry out a vision zero plan under this government’’ means the recognized governing
(d) DEFINITIONS.—In this section, the terms
section. body of an Indian Tribe or any agency, author-
‘‘safe system approach’’ and ‘‘vulnerable road
(c) CONTENTS OF PLAN.—A vision zero plan ity, or instrumentality of such governing body
user’’ have the meanings given such terms in
under this section shall include— or such Indian Tribe.
section 148(a) of title 23, United States Code. (b) DIG ONCE REQUIREMENT.—To facilitate the
(1) a description of programs, strategies, or SEC. 1603. BROADBAND INFRASTRUCTURE DE-
policies intended to significantly reduce or installation of broadband infrastructure, the
PLOYMENT.
eliminate transportation-related fatalities and Secretary shall, not later than 9 months after
(a) DEFINITIONS.—In this section: the date of enactment of this Act, promulgate
serious injuries within a specified timeframe, not (1) APPROPRIATE STATE AGENCY.—The term
to exceed 20 years, that is consistent with a regulations to ensure that each State that re-
‘‘appropriate State agency’’ means a State gov-
State strategic highway safety plan and uses ex- ceives funds under chapter 1 of title 23, United
ernmental agency that is recognized by the exec-
isting transportation data and consideration of States Code, meets the following requirements:
utive branch of the State as having the experi-
risk factors; (1) BROADBAND PLANNING.—The State depart-
ence necessary to evaluate and facilitate the in-
(2) plans for implementation of, education of ment of transportation, in consultation with ap-
stallation and operation of broadband infra-
the public about, and enforcement of such pro- propriate State agencies, shall—
structure within the State. (A) identify a broadband coordinator, who
grams, strategies, or policies; (2) BROADBAND.—The term ‘‘broadband’’ has
(3) a description of how such programs, strate- may have additional responsibilities in the State
the meaning given the term ‘‘advanced tele-
gies, or policies, and the enforcement of such department of transportation or in another
communications capability’’ in section 706 of the
programs, strategies, or policies will— State agency, that is responsible for facilitating
Telecommunications Act of 1996 (47 U.S.C. 1302).
(A) equitably invest in the safety needs of the broadband infrastructure right-of-way ef-
(3) BROADBAND CONDUIT.—The term
low-income and minority communities; forts within the State; and
‘‘broadband conduit’’ means a conduit or
(B) ensure that such communities are not dis- (B) review existing State broadband plans, in-
innerduct for fiber optic cables (or successor
proportionately targeted by law enforcement; cluding existing dig once requirements of the
technology of greater quality and speed) that
and State, municipal governments incorporated
supports the provision of broadband.
(C) protect the rights of members of such com- (4) BROADBAND INFRASTRUCTURE.—The term under State law, and Tribal governments within
munities with respect to title VI of the Civil ‘‘broadband infrastructure’’ means any buried the State, to determine opportunities to coordi-
Rights Act of 1964 (42 U.S.C. 2000d et seq.); and or underground facility and any wireless or nate projects occurring within or across high-
(4) a description of a mechanism to evaluate way rights-of-way with planned broadband in-
wireline connection that enables the provision
progress of the development and implementation frastructure projects.
of broadband.
of the plan, including the gathering and use of (5) BROADBAND PROVIDER.—The term (2) NOTICE OF PLANNED CONSTRUCTION FOR
transportation safety and demographic data. BROADBAND PROVIDERS.—
‘‘broadband provider’’ means an entity that pro-
(d) INCLUSIONS.—A vision zero plan may in- (A) NOTICE.—The State department of trans-
vides broadband to any person or facilitates
clude a complete streets prioritization plan that portation, in consultation with appropriate
provision of broadband to any person, includ-
identifies a specific list of projects to— State agencies, shall establish a process—
ing, with respect to such entity—
(1) create a connected network of active trans- (i) for the registration of broadband providers
(A) a corporation, company, association, firm,
portation facilities, including sidewalks, bike- that seek to be included in the advance notifica-
partnership, nonprofit organization, or any
ways, or pedestrian and bicycle trails, to con- tion of, and opportunity to participate in,
other private entity;
nect communities and provide safe, reliable, af- (B) a State or local broadband provider; broadband infrastructure right-of-way facilita-
fordable, and convenient access to employment, (C) an Indian Tribe; and tion efforts within the State; and
housing, and services, consistent with the goals (D) a partnership between any of the entities (ii) to electronically notify all broadband pro-
described in section 150(b) of title 23, United described in subparagraphs (A), (B), and (C). viders registered under clause (i)—
States Code; (6) COVERED HIGHWAY CONSTRUCTION (I) of the State transportation improvement
(2) integrate active transportation facilities PROJECT.— program on at least an annual basis; and
with public transportation service or improve (A) IN GENERAL.—The term ‘‘covered highway (II) of projects within the highway right-of-
access to public transportation; and construction project’’ means, without regard to way for which Federal funding is expected to be
(3) improve transportation options for low-in- ownership of a highway, a project to construct obligated in the subsequent fiscal year.
come and minority communities. a new highway or an additional lane for an ex- (B) WEBSITE.—A State department of trans-
(e) COORDINATION.—A vision zero plan under isting highway, to reconstruct an existing high- portation shall be considered to meet the re-
this section shall provide for coordination of way, or new construction, including for a paved quirements of subparagraph (A) if such State
various subdivisions of a unit of local govern- shoulder. department of transportation publishes on a
ment in the implementation of the plan, includ- (B) EXCLUSIONS.—The term ‘‘covered highway public website—
ing subdivisions responsible for law enforce- construction project’’ excludes any project— (i) the State transportation improvement pro-
ment, public health, data collection, and public (i) awarded before the date on which regula- gram on at least an annual basis; and
works. tions required under subsection (b) take effect; (ii) projects within the highway right-of-way
(f) SAFETY PERFORMANCE MANAGEMENT.—A (ii) that does not include work beyond the for which Federal funding is expected to be obli-
vision zero plan under this section is not suffi- edge of pavement or current paved shoulder; or gated in the subsequent fiscal year.
cient to demonstrate compliance with the safety (iii) that does not require excavation. (C) COORDINATION.—The State department of
performance or planning requirements of section (7) DIG ONCE REQUIREMENT.—The term ‘‘dig transportation, in consultation with appropriate
148 or 150 of title 23, United States Code. once requirement’’ means a requirement de- State agencies, shall establish a process for a
SEC. 1602. SPEED LIMITS. signed to reduce the cost and accelerate the de- broadband provider to commit to installing
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(a) SPEED LIMITS.—The Secretary of Trans- ployment to broadband by minimizing the num- broadband conduit or broadband infrastructure
portation shall revise the Manual on Uniform ber and scale of repeated excavations for the in- as part of any project.
Traffic Control Devices to provide for a safe sys- stallation and maintenance of broadband con- (3) REQUIRED INSTALLATION OF CONDUIT.—
tem approach to setting speed limits, consistent duit or broadband infrastructure in rights-of- (A) IN GENERAL.—The State department of
with the safety recommendations issued by the way. transportation shall install broadband conduit,
National Transportation Safety Board on Au- (8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ in accordance with this paragraph, except as
gust 15, 2017, numbered H–17–27 and H–17–028. has the meaning given such term in section 4(e) described in subparagraph (F), as part of any
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H2736 CONGRESSIONAL RECORD — HOUSE June 30, 2020
covered highway construction project, unless a (v) COMMUNICATION.—A broadband provider (C) BROADBAND PROVIDERS.—The Secretary
broadband provider has committed to install with access to the conduit installed pursuant to shall ensure that the entities consulted under
broadband conduit or broadband infrastructure this subsection shall notify and receive permis- clause (vii) of subparagraph (A) include entities
as part of such project in a process described sion from the relevant agencies of State respon- who provide broadband to rural areas and pop-
under paragraph (2)(C). sible for the installation of such broadband con- ulations with limited access to broadband infra-
(B) INSTALLATION REQUIREMENTS.—The State duit prior to accessing any highway or highway structure.
department of transportation shall ensure right-of-way, in accordance with applicable (6) PROHIBITION ON UNFUNDED MANDATE.—
that— Federal requirements. (A) IN GENERAL.—This subsection shall apply
(i) an appropriate number of broadband con- (E) TREATMENT OF PROJECTS.—Notwith- only to projects for which Federal obligations or
duits, as determined in consultation with the standing any other provision of law, broadband expenditures are initially approved on or after
appropriate State agencies, are installed along conduit and broadband infrastructure installa- the date regulations required under this sub-
the highway of a covered highway construction tion projects under this paragraph shall comply section take effect.
project to accommodate multiple broadband pro- with section 113(a) of title 23, United States (B) NO MANDATE.—Absent an available and
viders, with consideration given to the avail- Code. dedicated Federal source of funding—
ability of existing conduits; (F) WAIVER AUTHORITY.— (i) nothing in this subsection establishes a
(ii) the size of each such conduit is consistent (i) IN GENERAL.—A State department of trans- mandate or requirement that a State install
with industry best practices and is sufficient to portation may waive the required installation of broadband conduit in a highway right-of-way;
accommodate potential demand, as determined broadband conduit for part or all of any covered and
in consultation with the appropriate State agen- highway construction project under this para- (ii) nothing in paragraph (3) shall establish
cies; graph if, in the determination of the State— any requirement for a State.
(iii) hand holes and manholes necessary for (I) broadband infrastructure, terrestrial (7) RULES OF CONSTRUCTION.—
fiber access and pulling with respect to such broadband infrastructure, aerial broadband (A) STATE LAW.—Nothing in this subsection
conduit are placed at intervals consistent with fiber cables, or broadband conduit is present shall be construed to require a State to install or
standards determined in consultation with the near a majority of the length of the covered allow the installation of broadband conduit or
appropriate State agencies (which may differ by highway construction project; broadband infrastructure—
type of road, topologies, and rurality) and con- (II) the installation of conduit increases over- (i) that is otherwise inconsistent with what is
sistent with safety requirements; all costs of a covered highway construction allowable under State law; or
(iv) each broadband conduit installed pursu- project by 1.5 percent or greater; (ii) where the State lacks the authority or
ant to this paragraph includes a pull tape and (III) the installation of broadband conduit as- property easement necessary for such installa-
is capable of supporting fiber optic cable place- sociated with covered highway construction tion.
ment techniques consistent with best practices; project will not be utilized or connected to fu- (B) NO REQUIREMENT FOR INSTALLATION OF
and ture broadband infrastructure in the next 20 MOBILE SERVICES EQUIPMENT.—Nothing in this
(v) is placed at a depth consistent with re- years, in the determination of the State depart- section shall be construed to require a State, a
quirements of the covered highway construction ment of transportation, in consultation with ap- municipal government incorporated under State
project and best practices and that, in deter- propriate State agencies and potentially affected law, or an Indian Tribe to install or allow for
mining the depth of placement, consideration is local governments and Tribal governments; the installation of equipment essential for the
given to the location of existing utilities and (IV) the requirements of this paragraph would provision of commercial mobile services (as de-
cable separation requirements of State and local require installation of conduit redundant with a fined in section 332(d) of the Communications
electrical codes. dig once requirement of a local or Tribal govern- Act of 1934 (47 U.S.C. 332(d))) or commercial mo-
(C) GUIDANCE FOR THE INSTALLATION OF ment; bile data service (as defined in section 6001 of
BROADBAND CONDUIT.—The Secretary, in con- (V) there exists a circumstance involving force the Middle Class Tax Relief and Job Creation
sultation with the NTIA Administrator, shall majeure; or Act of 2012 (47 U.S.C. 1401)), other than
issue guidance for best practices related to the (VI) other relevant factors, as determined by broadband conduit and associated equipment
installation of broadband conduit as described the Secretary in consultation with the NTIA Ad- described in paragraph (3)(B).
in this paragraph and of conduit and similar in- ministrator through regulation, warrant a waiv- (c) RELATION TO STATE DIG ONCE REQUIRE-
frastructure for intelligent transportation sys- er. MENTS.—Nothing in subsection (b) or any regu-
tems (as such term is defined in section 501 of (ii) CONTENTS OF WAIVER.—A waiver author- lations promulgated under subsection (b) shall
title 23, United States Code) that may utilize ized under this subparagraph shall— be construed to alter or supersede any provision
(I) identify the covered highway construction of a State law or regulation that provides for a
broadband conduit installed pursuant to this
project; and dig once requirement that includes similar or
paragraph.
(II) include a brief description of the deter-
(D) ACCESS.— more stringent requirements to the provisions of
mination of the State for issuing such waiver.
(i) IN GENERAL.—The State department of subsection (b) and any regulations promulgated
(iii) AVAILABILITY OF WAIVER.—A waiver au-
transportation shall ensure that any requesting under subsection (b).
thorized under this subparagraph shall be in-
broadband provider has access to each (d) DIG ONCE FUNDING TASK FORCE.—
cluded in the plans, specifications, and esti-
broadband conduit installed pursuant to this (1) ESTABLISHMENT.—There is established an
mates for the associated project, as long as such
paragraph, on a competitively neutral and non- independent task force on funding the nation-
info is publicly available.
discriminatory basis, and in accordance with (4) PRIORITY.—If a State provides for the in- wide dig once requirement described in this sec-
State permitting, licensing, leasing, or other stallation of broadband infrastructure or tion to be known as the ‘‘Dig Once Funding
similar laws and regulations. broadband conduit in the right-of-way of an ap- Task Force’’ (hereinafter referred to as the
(ii) FEE SCHEDULE.—The State department of ‘‘Task Force’’).
plicable project under this subsection, the State
transportation, in consultation with appropriate (2) DUTIES.—The duties of the Task Force
department of transportation, along with appro-
State agencies, shall publish a fee schedule for shall be to—
priate State agencies, shall carry out appro-
a broadband provider to access conduit installed (A) estimate the annual cost for implementing
priate measures to ensure that any existing
pursuant to this paragraph. Fees in such sched- and administering a nationwide dig once re-
broadband providers are afforded equal oppor-
ule— quirement; and
tunity access, as compared to other broadband
(I) shall be consistent with the fees established (B) propose and evaluate options for funding
providers, with respect to the program under
pursuant to section 224 of the Communications a nationwide dig once requirement described in
this subsection.
Act of 1934 (47 U.S.C. 224); (5) CONSULTATION.— this section that includes—
(II) may vary by topography, location, type of (A) IN GENERAL.—In promulgating regulations (i) a discussion of the role and potential share
road, rurality, and other factors in the deter- required by this subsection or to implement any of costs of—
mination of the State; and part of this section, the Secretary shall con- (I) the Federal Government;
(III) may be updated not more frequently than (II) State, local, and Tribal governments; and
sult—
annually. (i) the NTIA Administrator; (III) broadband providers; and
(iii) IN-KIND COMPENSATION.—The State de- (ii) the Federal Communications Commission; (ii) consideration of the role of existing dig
partment of transportation may negotiate in- (iii) State departments of transportation; once requirements of State, local, and Tribal
kind compensation with any broadband pro- (iv) appropriate State agencies; governments and private broadband investment,
vider requesting access to broadband conduit in- (v) agencies of local governments responsible with a goal to not discourage or disincentivize
stalled under the provisions of this paragraph for transportation and rights-of-way, utilities, such dig once requirements or such investment.
as a replacement for part or all of, but not to ex- and telecommunications and broadband; (3) REPORTS.—
ceed, the relevant fee in the fee schedule de- (vi) Tribal governments; (A) INTERIM REPORT AND BRIEFING.—Not later
scribed in clause (ii). (vii) broadband providers; and than 9 months after the date of enactment of
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(iv) SAFETY CONSIDERATIONS.—The State de- (viii) manufacturers of optical fiber, conduit, this Act, the Task Force shall submit an interim
partment of transportation shall require of pull tape, and related items. report to Congress and provide briefings for
broadband providers a process for safe access to (B) BROADBAND USERS.—The Secretary shall Congress on the findings of the Task Force.
the highway right-of-way during installation ensure that the entities consulted under clauses (B) FINAL REPORT.—Not later than 12 months
and on-going maintenance of the broadband (iii) through (vi) of subparagraph (A) include after the date of enactment of this Act, the Task
fiber optic cables including a traffic control rural areas and populations with limited access Force shall submit a final report to Congress on
safety plan. to broadband infrastructure. the findings of the Task Force.
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2737
(4) MEMBERS.— Telecommunications and Information Adminis- ‘‘(d) EXCHANGE AGREEMENTS.—
(A) APPOINTMENTS.—The Task Force shall tration, or another Federal agency the co-chair- ‘‘(1) IN GENERAL.—The Secretary shall enter
consist of 14 members, consisting of— persons consider appropriate, with the consent into an agreement with each Appalachian State
(i) the 2 co-chairs described in subparagraph of the head of the Federal agency, and such that submits a request under subsection
(B); detailee shall retain the rights, status, and (c)(1)(A)(i) under which—
(ii) 6 members jointly appointed by the Speak- privileges of his or her regular employment ‘‘(A) the Appalachian State shall return to
er and minority leader of the House of Rep- without interruption. the Secretary all, or at the discretion of the Ap-
resentatives, in consultation with the respective (C) ADMINISTRATIVE ASSISTANCE.—The Sec- palachian State, a portion of, the unobligated
Chairs and Ranking Members of the— retary and NTIA Administrator shall provide to amounts from the Highway Trust Fund (includ-
(I) the Committee on Transportation and In- the Task Force on a reimbursable basis adminis- ing the applicable amount of contract authority
frastructure of the House of Representatives; trative support and other services for the per- and an equal amount of special no-year obliga-
(II) the Committee on Energy and Commerce formance of the functions of the Task Force. tion limitation associated with that contract au-
of the House of Representatives; and (7) TERMINATION.—The Task Force shall ter- thority) apportioned to the Appalachian State
(III) the Committee on Appropriations of the minate not later than 90 days after issuance of for the Appalachian development highway sys-
House of Representatives; and the final report required under paragraph tem under section 14501 of title 40 (but not in-
(iii) 6 members jointly appointed by the major- (3)(B). cluding any amounts made available by an ap-
ity leader and minority leader of the Senate, in SEC. 1604. BALANCE EXCHANGES FOR INFRA- propriations Act without an initial authoriza-
consultation with the respective Chairs and STRUCTURE PROGRAM. tion); and
Ranking Members of the— (a) IN GENERAL.—Chapter 1 of title 23, United ‘‘(B) the Secretary shall transfer to the Appa-
(I) the Committee on Environment and Public States Code, is further amended by adding at lachian State, from amounts transferred to the
Works of the Senate; the end the following: program under subsection (f)(2) for that fiscal
(II) the Committee on Commerce, Science, and year, an amount (including the applicable
‘‘§ 174. Balance Exchanges for Infrastructure
Transportation of the Senate; and amount of contract authority and an equal
Program
(III) the Committee on Appropriations of the amount of annual obligation limitation) equal to
Senate. ‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ADMINISTRATIVELY ALLOCATED.—The
the amount that the Appalachian State re-
(B) CO-CHAIRS.—The Task Force shall be co- turned under subparagraph (A) that shall be
chaired by the Secretary and the NTIA Adminis- term ‘administratively allocated’ means the allo-
cation by the Secretary of budget authority for used to carry out projects described in para-
trator, or their designees. graph (3).
(C) COMPOSITION.—The Task Force shall in- a project under the TIFIA program that occurs
when— ‘‘(2) STATE LIMITATION.—The amount of con-
clude at least— tract authority returned by an Appalachian
(i) 1 representative from a State department of ‘‘(A) a potential applicant has been invited
into the creditworthiness phase for a project State under paragraph (1)(A) may not exceed
transportation; the amount of the special no-year obligation
(ii) 1 representative from a local government; under the TIFIA program; or
‘‘(B) the project is subject to a master credit limitation available to the Appalachian State
(iii) 1 representative from a Tribal govern-
agreement (as defined in section 601(a)), in ac- prior to the return of the special no-year obliga-
ment;
cordance with section 602(b)(2). tion limitation under that paragraph.
(iv) 1 representative from a broadband pro-
‘‘(2) APPALACHIAN STATE.—The term ‘Appa- ‘‘(3) ELIGIBLE PROJECTS.—
vider;
lachian State’ means a State that contains 1 or ‘‘(A) IN GENERAL.—A project eligible to be car-
(v) 1 representative from a State or local
more counties in the Appalachian region (as de- ried out using funds transferred to an Appa-
broadband provider;
fined in section 14102(a) of title 40). lachian State under paragraph (1)(B) is a
(vi) 1 representative from a labor union; and
(vii) 1 representative from a public interest or- ‘‘(3) PROGRAM.—The term ‘program’ means project described in subsections (b) and (c) of
ganization. the Balance Exchanges for Infrastructure Pro- section 133.
(D) APPOINTMENT DEADLINE.—Members shall gram established under subsection (b). ‘‘(B) FEDERAL SHARE.—The Federal share of
be appointed to the Task Force not later than 60 ‘‘(4) TIFIA CARRYOVER BALANCE.— the cost of a project carried out using funds
days after the date of enactment of this Act. ‘‘(A) IN GENERAL.—The term ‘TIFIA carryover transferred to an Appalachian State under
(E) EFFECT OF LACK OF APPOINTMENT BY AP- balance’ means the amounts made available for paragraph (1)(B) shall be up to 100 percent, at
POINTMENT DATE.—If 1 or more appointments re- the TIFIA program for previous fiscal years that the discretion of the Appalachian State.
quired under subparagraph (A) is not made by are unobligated and have not been administra- ‘‘(C) APPLICATION OF SECTION 133.—Except as
the appointment date specified in subparagraph tively allocated. otherwise provided in this paragraph, section
(D), the authority to make such appointment or ‘‘(B) INCLUSION.—The term ‘TIFIA carryover 133 shall not apply to a project carried out using
appointments shall expire and the number of balance’ includes— funds transferred to an Appalachian State
members of the Task Force shall be reduced by ‘‘(i) the applicable amount of contract author- under paragraph (1)(B).
the number equal to the number of appoint- ity for the amounts described in subparagraph ‘‘(4) TOTAL LIMITATION.—For each fiscal year,
ments so expired. (A); and the total amount exchanged under paragraph
(F) TERMS.—Members shall be appointed for ‘‘(ii) the equivalent amount of obligation limi- (1) shall not exceed the amount available to be
the life of the Task Force. A vacancy in the tation for the fiscal year in which the Secretary transferred to the program under subsection (f).
Task Force shall not affect its powers and shall makes a transfer under subsection (f)(2). ‘‘(5) AMOUNTS EXCHANGED.—For each fiscal
be filled in the same manner as the initial ap- ‘‘(5) TIFIA PROGRAM.—The term ‘TIFIA pro- year, if the total amount requested by all Appa-
pointment was made. gram’ has the meaning given the term in section lachian States to return under paragraph (1)(A)
(5) CONSULTATIONS.—In carrying out the du- 601(a). is greater than the amount described in para-
ties required under this subsection, the Task ‘‘(b) ESTABLISHMENT.—The Secretary shall es- graph (4), the Secretary shall exchange amounts
Force shall consult, at a minimum— tablish a program, to be known as the ‘Balance under paragraph (1) based on the proportion
(A) the Federal Communications Commission; Exchanges for Infrastructure Program’, in ac- that—
(B) agencies of States including— cordance with this section to provide flexibility ‘‘(A) the amount requested to be returned for
(i) State departments of transportation; and for the Secretary and States to improve highway the fiscal year by the Appalachian State; bears
(ii) appropriate State agencies; infrastructure. to
(C) agencies of local governments responsible ‘‘(c) OFFER TO FUND PROJECTS OR EXCHANGE ‘‘(B) the amount requested to be returned for
for transportation and rights of way, utilities, FUNDS.— the fiscal year by all Appalachian States.
and telecommunications and broadband; ‘‘(1) SOLICITATION.—For each fiscal year for ‘‘(e) APPALACHIAN DEVELOPMENT HIGHWAY
(D) Tribal governments; which an amount is reserved under subsection SYSTEM CORRIDOR GRANTS.—
(E) broadband providers and other tele- (f)(1), the Secretary shall— ‘‘(1) IN GENERAL.—Using amounts returned to
communications providers; ‘‘(A) not later than December 1 of that fiscal the Secretary under subsection (d)(1)(A), the
(F) labor unions; and year— Secretary shall provide grants of contract au-
(G) State or local broadband providers and ‘‘(i) solicit requests from Appalachian States thority, to remain available until expended, and
Tribal governments that act as broadband pro- to return amounts under subsection (d)(1)(A); subject to special no-year obligation limitation,
viders. and on a competitive basis to Appalachian States for
(6) ADDITIONAL PROVISIONS.— ‘‘(ii) solicit applications from Appalachian eligible projects described in paragraph (2).
(A) EXPENSES FOR NON-FEDERAL MEMBERS.— States for grants under subsection (e); and ‘‘(2) ELIGIBLE PROJECT.—A project eligible to
Non-Federal members of the Task Force shall be ‘‘(B) require that, not later than 60 days after be carried out with a grant under this sub-
allowed travel expenses, including per diem in the date of the solicitations under subparagraph section is a project that is—
lieu of subsistence, at rates authorized for em- (A), each Appalachian State that elects to par- ‘‘(A) eligible under section 14501 of title 40 as
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ployees under subchapter I of chapter 57 of title ticipate in the program shall submit to the Sec- of the date of enactment of this section; and
5, United States Code, while away from their retary either— ‘‘(B) reasonably expected to begin construc-
homes or regular places of business in the per- ‘‘(i) a request that describes the amount that tion by not later than 2 years after the date of
formance of services for the Task Force. the Appalachian State requests to return under obligation of funds provided under this sub-
(B) STAFF.—Staff of the Task Force shall com- subsection (d)(1)(A); or section for the project.
prise detailees with relevant expertise from the ‘‘(ii) an application for a grant under sub- ‘‘(3) APPLICATION.—To be eligible to receive a
Department of Transportation and the National section (e). grant under this subsection, an Appalachian
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H2738 CONGRESSIONAL RECORD — HOUSE June 30, 2020
State shall submit to the Secretary an applica- (2) REQUIREMENTS.—In conducting the study Guidelines for Pedestrian Facilities in the Pub-
tion at such time, in such manner, and con- under the agreement entered into pursuant to lic Right-of-Way’’ (76 Fed. Reg. 44664); and
taining such information as the Secretary may paragraph (1), the Transportation Research (2) the supplemental notice of proposed rule-
require. Board shall— making published on February 13, 2013, titled
‘‘(4) FEDERAL SHARE.—The Federal share of (A) review and supplement, as appropriate, ‘‘Accessibility Guidelines for Pedestrian Facili-
the cost of a project carried out using a grant the methodologies examined and recommended ties in the Public Right-of-Way; Shared Use
provided under this subsection shall be up to 100 in the 2019 report of the National Academies of Paths’’ (78 Fed. Reg. 10110).
percent, at the discretion of the Appalachian Sciences, Engineering, and Medicine titled ‘‘Ap- (c) ADOPTION OF REGULATIONS.—Not later
State. proaches for Determining and Complying with than 180 days after the establishment of the
‘‘(5) LIMITATION.—An Appalachian State that TMDL Requirements Related to Roadway guidelines pursuant to subsection (a), the Sec-
enters into an agreement to exchange funds Stormwater Runoff’’; retary shall issue such regulations as are nec-
under subsection (d) for any fiscal year shall (B) consult with— essary to adopt such guidelines.
not be eligible to receive a grant under this sub- (i) the Secretary of Transportation; SEC. 1607. HIGHWAY FORMULA MODERNIZATION
section. (ii) the Secretary of Agriculture; REPORT.
‘‘(f) TRANSFER FROM TIFIA PROGRAM.— (iii) the Administrator; (a) HIGHWAY FORMULA MODERNIZATION
‘‘(1) IN GENERAL.—On October 1 of each fiscal (iv) the Secretary of the Army, acting through
STUDY.—
year, the Secretary shall reserve, for the purpose the Chief of Engineers; and (1) IN GENERAL.—The Secretary of Transpor-
of funding transfers under paragraph (2) until (v) State departments of Transportation; and
tation, in consultation with the State depart-
the transfers are completed, the amount of (C) solicit input from—
(i) stakeholders with experience in imple- ments of transportation and representatives of
TIFIA carryover balance that exceeds the local governments (including metropolitan plan-
menting stormwater management practices for
amount available to carry out the TIFIA pro- ning organizations), shall conduct a highway
projects; and
gram for that fiscal year. formula modernization study to assess the meth-
(ii) educational and technical stormwater
‘‘(2) TRANSFERS.—For each fiscal year, not od and data used to apportion Federal-aid high-
management groups.
later than 60 days after the date on which the way funds under subsections (b) and (c) of sec-
(3) REPORT.—In carrying out the agreement
Secretary receives the responses to the solicita- tion 104 of title 23, United States Code, and issue
entered into pursuant to paragraph (1), not
tions under subsection (c)(1), the Secretary shall recommendations on such method and data.
later than 18 months after the date of enactment
transfer from the TIFIA program to the program (2) ASSESSMENT.—The highway formula mod-
of this Act, the Transportation Research Board
an amount of contract authority and equal ernization study required under paragraph (1)
shall submit to the Secretary of Transportation,
amount of obligation limitation that is equal to shall include an assessment of, based on the lat-
the Administrator, the Committee on Transpor-
the lesser of— est available data, whether the apportionment
tation and Infrastructure of the House of Rep-
‘‘(A) the total amount requested by all Appa- method under such section results in—
resentatives, and the Committee on Environment
lachian States for the fiscal year under sub- (A) an equitable distribution of funds based
and Public Works of the Senate a report describ-
section (c)(1)(B)(i); on the estimated tax payments attributable to—
‘‘(B) the total amount requested by all Appa- ing the results of the study.
(b) STORMWATER BEST MANAGEMENT PRAC- (i) highway users in the State that are paid
lachian States for grants under subsection into the Highway Trust Fund; and
TICES REPORTS.—
(c)(1)(B)(ii); and (ii) individuals in the State that are paid to
(1) REISSUANCE.—Not later than 180 days after
‘‘(C) the amount reserved under paragraph the Treasury, based on contributions to the
the date of enactment of this Act, the Adminis-
(1).’’. Highway Trust Fund from the general fund of
(b) CLERICAL AMENDMENT.—The analysis for trator shall update and reissue the best manage-
ment practices reports to reflect new information the Treasury; and
chapter 1 of title 23, United States Code, is fur- (B) the achievement of the goals described in
ther amended by adding at the end the fol- and advancements in stormwater management.
(2) UPDATES.—Not less frequently than once section 101(b)(3) of title 23, United States Code.
lowing: (3) CONSIDERATIONS.—In carrying out the as-
every 5 years after the date on which the Sec-
‘‘174. Balance Exchanges for Infrastructure Pro- retary reissues the best management practices sessment under paragraph (2), the Secretary
gram.’’. reports under paragraph (1), the Secretary shall shall consider the following:
SEC. 1605. STORMWATER BEST MANAGEMENT update and reissue the best management prac- (A) The factors described in sections 104(b),
PRACTICES. 104(f)(2), 104(h)(2), 130(f), and 144(e) of title 23,
tices reports, unless the contents of the best
(a) STUDY.— management practices reports have been incor- United States Code, as in effect on the date of
(1) IN GENERAL.—Not later than 180 days after porated (including by reference) into applicable enactment of SAFETEA–LU (Public Law 109–
the date of enactment of this Act, the Secretary regulations of the Secretary. 59).
of Transportation and the Administrator shall (c) DEFINITIONS.—In this section: (B) The availability and accuracy of data
seek to enter into an agreement with the Trans- (1) ADMINISTRATOR.—The term ‘‘Adminis- necessary to calculate formula apportionments
portation Research Board of the National Acad- trator’’ means the Administrator of the Environ- under the factors described in subparagraph
emy of Sciences to under which the Transpor- mental Protection Agency. (A).
tation Research Board shall conduct a study— (2) BEST MANAGEMENT PRACTICES REPORTS.— (C) The measures established under section
(A) to estimate pollutant loads from The term ‘‘best management practices reports’’ 150 of title 23, United States Code, and whether
stormwater runoff from highways and pedes- means— such measures are appropriate for consideration
trian facilities eligible for assistance under title (A) the 2014 report sponsored by the Depart- as formula apportionment factors.
23, United States Code, to inform the develop- ment of Transportation titled ‘‘Determining the (D) The results of the CMAQ formula mod-
ment of appropriate total maximum daily load State of the Practice in Data Collection and ernization study required under subsection (b).
requirements; Performance Measurement of Stormwater Best (E) Any other factors that the Secretary deter-
(B) to provide recommendations (including Management Practices’’ (FHWA–HEP–16–021); mines are appropriate.
recommended revisions to existing laws and reg- and (4) RECOMMENDATIONS.—The Secretary shall,
ulations) regarding the evaluation and selection (B) the 2000 report sponsored by the Depart- in consultation with the State departments of
by State departments of transportation of poten- ment of Transportation titled ‘‘Stormwater Best transportation and representatives of local gov-
tial stormwater management and total maximum Management Practices in an Ultra-Urban Set- ernments (including metropolitan planning or-
daily load compliance strategies within a water- ting: Selection and Monitoring’’. ganizations), develop recommendations on a
shed, including environmental restoration and (3) TOTAL MAXIMUM DAILY LOAD.—The term new apportionment method, including—
pollution abatement carried out under section ‘‘total maximum daily load’’ has the meaning (A) the factors recommended to be included in
328 of title 23, United States Code; given such term in section 130.2 of title 40, Code such apportionment method;
(C) to examine the potential for the Secretary of Federal Regulations (or successor regula- (B) the weighting recommended to be applied
to assist State departments of transportation in tions). to the factors under subparagraph (A); and
carrying out and communicating stormwater SEC. 1606. PEDESTRIAN FACILITIES IN THE PUB- (C) any other recommendations to ensure that
management practices for highways and pedes- LIC RIGHT-OF-WAY. the apportionment method best achieves an eq-
trian facilities that are eligible for assistance (a) IN GENERAL.—Not later than 180 days uitable distribution of funds described under
under title 23, United States Code, through in- after the date of enactment of this Act, the Ar- paragraph (2)(A) and the goals described in
formation-sharing agreements, database assist- chitectural and Transportation Barriers Compli- paragraph (2)(B).
ance, or an administrative platform to provide ance Board established under section 502(a)(1) (b) CMAQ FORMULA MODERNIZATION
the information described in subparagraphs (A) of the Rehabilitation Act of 1973 (29 U.S.C. 792), STUDY.—
and (B) to entities issued permits under the Fed- in consultation with the Secretary of Transpor- (1) IN GENERAL.—Not later than 1 year after
eral Water Pollution Control Act (33 U.S.C. 1251 tation, shall establish accessibility guidelines the date of enactment of this Act, the Secretary
et seq.); and setting forth minimum standards for pedestrian of Transportation, in consultation with the Ad-
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(D) to examine the benefit of concentrating facilities in the public right-of-way. ministrator of the Environmental Protection
stormwater retrofits in impaired watersheds and (b) CONTENT OF GUIDANCE.—The guidelines Agency, shall conduct an CMAQ formula mod-
selecting such retrofits according to a process described in subsection (a) shall be substantially ernization study to assess whether the appor-
that depends on a watershed management plan similar to, and carried out under the same stat- tionment method under section 104(b)(4) of title
developed in accordance with section 319 of the utory authority as— 23, United States Code, results in a distribution
Federal Water Pollution Control Act (33 U.S.C. (1) the notice of proposed rulemaking pub- of funds that best achieves the air quality goals
1329). lished on July 26, 2011, titled ‘‘Accessibility of section 149 of such title.
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2739
(2) CONSIDERATIONS.—In providing consulta- developing a 21st century surface transportation (g) PERIOD OF APPOINTMENT.—Members shall
tion under this subsection, the Administrator of workforce (in this section referred to as the be appointed to the Task Force for the duration
the Environmental Protection Agency shall pro- ‘‘Task Force’’). of the existence of the Task Force.
vide to the Secretary an analysis of— (b) DUTIES.—Not later than 12 months after (h) COMPENSATION.—Task Force members
(A) factors that contribute to the apportion- the establishment of the Task Force under sub- shall serve without compensation.
ment, including population, types of pollutants, section (a), the Task Force shall develop and (i) SUNSET.—The Task Force shall terminate
and severity of pollutants, as such factors were submit to the Secretary recommendations and upon the submission of the report required
determined on the date prior to the date of en- strategies for the Department of Transportation under subsection (e).
actment of MAP–21; to— (j) DEFINITIONS.—In this section:
(B) the weighting of the factors listed under (1) evaluate the current and future state of (1) PRE-APPRENTICESHIP.—The term ‘‘pre-ap-
subparagraph (A); and the surface transportation workforce, including prenticeship’’ means a training model or pro-
(C) the recency of the data used in making the projected job needs in the surface transportation gram that prepares individuals for acceptance
apportionment under section 104(b)(4) of title 23, sector; into a registered apprenticeship and has a dem-
United States Code. (2) identify factors influencing individuals onstrated partnership with 1 or more registered
(3) RECOMMENDATIONS.—If, in conducting the pursuing careers in surface transportation, in- apprenticeships.
cluding barriers to attracting individuals into (2) REGISTERED APPRENTICESHIP.—The term
study under this subsection, the Secretary finds
the workforce; ‘‘registered apprenticeship’’ means an appren-
that modifying the apportionment method under
(3) address barriers to retaining individuals in ticeship program registered under the Act of Au-
section 104(b)(4) of title 23, United States Code,
surface transportation careers; gust 16, 1937 (29 U.S.C. 50 et seq.; commonly
would best achieve the air quality goals of sec-
(4) identify and address potential impacts of known as the ‘‘National Apprenticeship Act’’),
tion 149 of title 23, United States Code, the Sec-
emerging technologies on the surface transpor- that satisfies the requirements of parts 29 and 30
retary shall, in consultation with the Adminis-
tation workforce; of title 29, Code of Federal Regulations (as in ef-
trator, include in such study recommendations
(5) increase access for vulnerable or underrep- fect on January 1, 2020).
for a new apportionment method, including—
resented populations, especially women and mi- SEC. 1611. ON-THE-JOB TRAINING AND SUP-
(A) the factors recommended to be included in
norities, to high-skill, in-demand surface trans- PORTIVE SERVICES.
such apportionment method;
portation careers; Section 140(b) of title 23, United States Code,
(B) the weighting recommended to be applied
(6) facilitate and encourage elementary, sec- is amended to read as follows:
to the factors under subparagraph (A); and ‘‘(b) WORKFORCE TRAINING AND DEVELOP-
ondary, and post-secondary students in the
(C) any other recommendations to ensure that MENT.—
United States to pursue careers in the surface
the apportionment method best achieves the air ‘‘(1) IN GENERAL.—The Secretary, in coopera-
transportation sector; and
quality goals section 149 of such title. (7) identify and develop pathways for stu- tion with the Secretary of Labor and any other
(c) REPORT.—No later than 2 years after the dents and individuals to secure pre-apprentice- department or agency of the Government, State
date of enactment of this Act, the Secretary ships, registered apprenticeships, and other agency, authority, association, institution, In-
shall submit to the Committee on Transportation work-based learning opportunities in the sur- dian Tribal government, corporation (profit or
and Infrastructure of the House of Representa- face transportation sector of the United States. nonprofit), or any other organization or person,
tives and the Committee on Environment and (c) CONSIDERATIONS.—In developing rec- is authorized to develop, conduct, and admin-
Public Works of the Senate a report containing ommendations and strategies under subsection ister surface transportation and technology
the results of the highway formula moderniza- (b), the Task Force shall— training, including skill improvement programs,
tion study and the CMAQ formula moderniza- (1) identify factors that influence whether and to develop and fund summer transportation
tion study. young people pursue careers in surface trans- institutes.
SEC. 1608. CONSOLIDATION OF PROGRAMS. portation, especially traditionally underrep- ‘‘(2) STATE RESPONSIBILITIES.—A State depart-
Section 1519 of MAP–21 (Public Law 112–141) resented populations, including women and mi- ment of transportation participating in the pro-
is amended— norities; gram under this subsection shall—
(1) in subsection (a)— (2) consider how the Department, businesses, ‘‘(A) develop an annual workforce plan that
(A) by striking ‘‘fiscal years 2016 through industry, labor, educators, and other stake- identifies immediate and anticipated workforce
2020’’ and inserting ‘‘fiscal years 2022 through holders can coordinate efforts to support quali- gaps and underrepresentation of women and mi-
2025’’; and fied individuals in pursuing careers in the sur- norities and a detailed plan to fill such gaps
(B) by striking ‘‘$3,500,000’’ and inserting face transportation sector; and address such underrepresentation;
‘‘$4,000,000’’; (3) identify methods of enhancing surface ‘‘(B) establish an annual workforce develop-
(2) by redesignating subsections (b) and (c) as transportation pre-apprenticeships and reg- ment compact with the State workforce develop-
subsections (c) and (d), respectively; and istered apprenticeships, job skills training, ment board and appropriate agencies to provide
(3) by inserting after subsection (a) the fol- mentorship, education, and outreach programs a coordinated approach to workforce training,
lowing: that are exclusive to youth in the United States; job placement, and identification of training
‘‘(b) FEDERAL SHARE.—The Federal share of and and skill development program needs, which
the cost of a project or activity carried out (4) identify potential sources of funding, in- shall be coordinated to the extent practical with
under subsection (a) shall be 100 percent.’’. cluding grants and scholarships, that may be an institution or agency, such as a State work-
SEC. 1609. STUDENT OUTREACH REPORT TO CON-
used to support youth and other qualified indi- force development board under section 101 of the
GRESS. viduals in pursuing careers in the surface trans- Workforce Innovation and Opportunities Act (29
(a) REPORT.—Not later than 180 days after the portation sector. U.S.C. 3111), that has established skills training,
(d) CONSULTATION.—In developing the rec- recruitment, and placement resources; and
date of enactment of this Act, the Secretary of
ommendations and strategies required under ‘‘(C) demonstrate program outcomes, includ-
Transportation shall submit to the Committee on
subsection (b), the Task Force may consult ing—
Transportation and Infrastructure of the House
with— ‘‘(i) impact on areas with transportation
of Representatives and the Committee on Envi-
(1) local educational agencies and institutes of workforce shortages;
ronment and Public Works of the Senate a re-
higher education, including community colleges ‘‘(ii) diversity of training participants;
port that describes the efforts of the Department ‘‘(iii) number and percentage of participants
and vocational schools; and
of Transportation to encourage elementary, sec- (2) State workforce development boards. obtaining certifications or credentials required
ondary, and post-secondary students to pursue (e) REPORT.—Not later than 60 days after the for specific types of employment;
careers in the surface transportation sector. submission of the recommendations and strate- ‘‘(iv) employment outcome, including job
(b) CONTENTS.—The report required under gies under subsection (b), the Secretary shall placement and job retention rates and earnings,
subsection (a) shall include— submit to the Committee on Transportation and using performance metrics established in con-
(1) a description of efforts to increase aware- Infrastructure of the House of Representatives sultation with the Secretary of Labor and con-
ness of careers related to surface transportation and the Committee on Environment and Public sistent with metrics used by programs under the
among elementary, secondary, and post-sec- Works of the Senate a report containing such Workforce Innovation and Opportunity Act (29
ondary students; recommendations and strategies. U.S.C. 3101 et seq.); and
(2) a description of efforts to prepare and in- (f) COMPOSITION OF TASK FORCE.—The Sec- ‘‘(v) to the extent practical, evidence that the
spire such students for surface transportation retary shall appoint members to the Task Force program did not preclude workers that partici-
careers; whose diverse background and expertise allow pate in training or registered apprenticeship ac-
(3) a description of efforts to support the de- such members to contribute balanced points of tivities under the program from being referred
velopment of a diverse, well-qualified workforce view and ideas in carrying out this section, com- to, or hired on, projects funded under this chap-
for future surface transportation needs; and prised of equal representation from each of the ter.
(4) the effectiveness of the efforts described in following: ‘‘(3) FUNDING.—From administrative funds
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paragraphs (1) through (3). (1) Industries in the surface transportation made available under section 104(a), the Sec-
SEC. 1610. TASK FORCE ON DEVELOPING A 21ST sector. retary shall deduct such sums as necessary, not
CENTURY SURFACE TRANSPOR- (2) Surface transportation sector labor organi- to exceed $10,000,000 in each fiscal year, for the
TATION WORKFORCE. zations. administration of this subsection. Such sums
(a) IN GENERAL.—Not later than 90 days after (3) Such other surface transportation stake- shall remain available until expended.
the date of enactment of this Act, the Secretary holders and experts as the Secretary considers ‘‘(4) NONAPPLICABILITY OF TITLE 41.—Sub-
of Transportation shall establish a task force on appropriate. sections (b) through (d) of section 6101 of title 41
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H2740 CONGRESSIONAL RECORD — HOUSE June 30, 2020
shall not apply to contracts and agreements (H) Indian Tribes, including Tribal elected (2) identify the expected cash price of toll
made under the authority granted to the Sec- leadership or Tribal transportation officials. credits;
retary under this subsection. (I) Any other stakeholders that the Secretary (3) analyze the impact of the exchange of toll
‘‘(5) USE OF SURFACE TRANSPORTATION PRO- determines appropriate. credits on transportation expenditures; and
GRAM AND NATIONAL HIGHWAY PERFORMANCE (3) TERMINATION.—The Working Group shall (4) identify any other repercussions of estab-
PROGRAM FUNDS.—Notwithstanding any other terminate 6 months after the date on which the lishing a toll credit exchange.
provision of law, not to exceed 1⁄2 of 1 percent of Secretary receives the report under subsection (b) SOLICITATION.—To carry out the require-
funds apportioned to a State under paragraph (e)(1). ments of this section, the Secretary shall solicit
(1) or (2) of section 104(b) may be available to (c) DUTIES.—In carrying out the study re- information from States eligible to use a credit
carry out this subsection upon request of the quired under subsection (a), the Working Group under section 120(i) of title 23, United States
State transportation department to the Sec- shall analyze— Code, including—
retary.’’. (1) the use of covered resources in transpor- (1) the amount of unused toll credits, includ-
SEC. 1612. APPALACHIAN DEVELOPMENT HIGH- tation projects funded with Federal dollars; ing—
WAY SYSTEM FUNDING FLEXIBILITY. (2) how the proximity of covered resources to (A) toll revenue generated and the sources of
(a) IN GENERAL.—Any funds made available such projects affects the cost and environmental that revenue;
to a State for the Appalachian development impact of such projects; (B) toll revenue used by public, quasi-public,
highway system program under subtitle IV of (3) whether and how State, Tribal, and local and private agencies to build, improve, or main-
title 40, United States Code, before the date of transportation and planning agencies consider tain highways, bridges, or tunnels that serve the
enactment of this Act may be used, at the re- covered resources when developing transpor- public purpose of interstate commerce; and
quest of such State to the Secretary of Transpor- tation projects; and (C) an accounting of any Federal funds used
tation, for the purposes described in section (4) any challenges for transportation project by the public, quasi-public, or private agency to
133(b) of title 23, United States Code. sponsors regarding access and proximity to cov- build, improve, or maintain the toll facility, to
(b) LIMITATION.—The authority in subsection ered resources. validate that the credit has been reduced by a
(a) may only be used by an Appalachian devel- (d) CONSULTATION.—In carrying out the study percentage equal to the percentage of the total
opment highway system State if all of the Appa- required under subsection (a), the Working cost of building, improving, or maintaining the
lachian development highway system corridors Group shall consult with, as appropriate— facility that was derived from Federal funds;
authorized by subtitle IV of title 40, United (1) chief executive officers of States; (2) the documentation of maintenance of ef-
States Code, in such State, have been fully com- (2) State, Tribal, and local transportation and fort for toll credits earned by the State; and
pleted and are open to traffic prior to the State planning agencies; (3) the accuracy of the accounting system of
making a request to the Secretary as described (3) other relevant State, Tribal, and local the State to earn and track toll credits.
in subsection (a). agencies, including State agencies associated (c) WEBSITE.—The Secretary shall make avail-
with covered resources protection; able a publicly accessible website on which a
SEC. 1613. TRANSPORTATION EDUCATION DEVEL-
OPMENT PROGRAM.
(4) members of the public with industry expe- State eligible to use a credit under section 120(i)
rience with respect to covered resources; of title 23, United States Code shall publish the
Section 504 of title 23, United States Code, is
(5) other Federal entities that provide funding information described under subsection (b)(1).
amended—
for transportation projects; and (d) EVALUATION AND RECOMMENDATIONS TO
(1) in subsection (e)(1) by inserting ‘‘and (8)
(6) any other stakeholder the Working Group CONGRESS.—Not later than 2 years after the
through (9)’’ after ‘‘paragraphs (1) through
determines appropriate. date of enactment of this Act, the Secretary
(4)’’; and
(e) REPORTS.— shall provide to the Committee on Transpor-
(2) in subsection (f) by adding at the end the
(1) WORKING GROUP REPORT.—Not later than 2 tation and Infrastructure of the House of Rep-
following:
years after the date on which the Working resentatives and the Committee on Environment
‘‘(4) REPORTS.—The Secretary shall submit to
Group is established, the Working Group shall and Public Works of the Senate, and make pub-
the Committee on Transportation and Infra-
submit to the Secretary a report that includes— licly available on the website of the Department
structure of the House of Representatives and
(A) the findings of the study required under of Transportation—
the Committee on Commerce, Science, and
subsection (a), including a summary of com- (1) an evaluation of the accuracy of the ac-
Transportation of the Senate an annual report
ments received during the consultation process counting and documentation of toll credits
that includes—
under subsection (d); and earned under section 120(i);
‘‘(A) a list of all grant recipients under this
(B) any recommendations to preserve access to (2) a determination whether a toll credit mar-
subsection;
and reduce the costs and environmental impacts ketplace is viable and cost effective;
‘‘(B) an explanation of why each recipient
of covered resources for infrastructure projects. (3) estimates, to the extent possible, of the av-
was chosen in accordance with the criteria
(2) DEPARTMENTAL REPORT.—Not later than 3 erage sale price of toll credits; and
under paragraph (2);
months after the date on which the Secretary (4) recommendations on any modifications
‘‘(C) a summary of each recipient’s objective
receives the report under paragraph (1), the Sec- necessary, including legislative changes, to es-
to carry out the purpose described in paragraph
retary shall submit to the Committee on Trans- tablish and implement a toll credit exchange
(1) and an analysis of progress made toward
portation and Infrastructure of the House of program.
achieving each such objective;
‘‘(D) an accounting for the use of Federal Representatives and the Committee on Environ- (e) DEFINITION.—In this section, the term
funds obligated or expended in carrying out this ment and Public Works of the Senate a sum- ‘‘State’’ has the meaning given the term in sec-
subsection; and mary of the findings under such report and any tion 101(a) of title 23, United States Code.
‘‘(E) an analysis of outcomes of the program recommendations, as appropriate. SEC. 1617. TRANSPORTATION CONSTRUCTION MA-
under this subsection.’’. (f) DEFINITIONS.—In this section: TERIALS PROCUREMENT.
(1) COVERED RESOURCES.—The term ‘‘covered (a) ESTABLISHMENT.—Not later than 180 days
SEC. 1614. WORKING GROUP ON CONSTRUCTION
RESOURCES.
resources’’ means common variety materials after the date of enactment of this Act, the Sec-
used in transportation infrastructure construc- retary of Transportation shall initiate a review
(a) ESTABLISHMENT.—Not later than 120 days
tion and maintenance, including stone, sand, of the procurement processes used by State de-
after the date of enactment of this Act, the Sec-
and gravel. partments of transportation to select construc-
retary of Transportation shall establish a work-
(2) STATE.—The term ‘‘State’’ means each of tion materials on projects utilizing Federal-aid
ing group (in this section referred to as the
the several States, the District of Columbia, and highway funds.
‘‘Working Group’’) to conduct a study on access
each territory or possession of the United States. (b) CONTENTS.—The review under subsection
to covered resources for infrastructure projects.
SEC. 1615. NUMBERING SYSTEM OF HIGHWAY (a) shall include—
(b) MEMBERSHIP.—
INTERCHANGES. (1) a review of competitive practices in the
(1) APPOINTMENT.—The Secretary shall ap-
point to the Working Group individuals with (a) IN GENERAL.—Notwithstanding section 315 bidding process for transportation construction
knowledge and expertise in the production and of title 23, United States Code, and section 1.36 materials;
transportation of covered resources. of title 23, Code of Federal Regulations, the Sec- (2) a list of States that currently issue bids
(2) REPRESENTATION.—The Working Group retary of Transportation may not impose a pen- that include flexibility in the type of construc-
shall include at least 1 representative of each of alty on a State that does not comply with sec- tion materials used to meet the project specifica-
the following: tion 2E.31 of the Manual on Uniform Traffic tions;
(A) State departments of transportation. Control Devices (or a successor section) with re- (3) any information provided by States on
(B) State agencies associated with covered re- spect to the numbering of highway inter- considerations that influence the decision to in-
sources protection. changes. clude competition by type of material in trans-
(C) State planning and geologic survey and (b) APPLICABILITY.—Subsection (a) shall only portation construction projects;
mapping agencies. apply to a method of numbering of a highway (4) any data on whether issuing bids that in-
interchange in effect on the date of enactment
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(D) Commercial motor vehicle operators, in- clude flexibility in the type of construction ma-
cluding small business operators and operators of this Act. terials used to meet the project specifications
who transport covered resources. SEC. 1616. TOLL CREDITS. will affect project costs over the lifecycle of an
(E) Covered resources producers. (a) PURPOSES.—The Secretary of Transpor- asset;
(F) Construction contractors. tation shall— (5) any data on the degree to which competi-
(G) Metropolitan planning organizations and (1) identify the extent of the demand to pur- tion leads to greater use of sustainable, innova-
regional planning organizations. chase toll credits; tive, or resilient materials; and
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June 30, 2020 CONGRESSIONAL RECORD — HOUSE H2741
(6) an evaluation of any barriers to more SEC. 1620. WILDLIFE CROSSINGS. (d) CONSIDERATIONS.—In carrying out the
widespread use of competitive bidding processes (a) IN GENERAL.— study, the Transportation Research Board shall
for transportation construction materials. (1) OBLIGATION REQUIREMENT.—For each of determine the need for information related to
(c) REPORT.—Not later than 18 months after fiscal years 2022 through 2025, of the amounts climate resilient transportation infrastructure
the date of enactment of this Act, the Secretary apportioned to a State under paragraph (1) of by considering—
shall submit to the Committee on Transportation section 104(b) of title 23, United States Code, (1) the current informational and institutional
and Infrastructure of the House of Representa- each State shall obligate amounts distributed to barriers to integrating projected infrastructure
tives and the Committee on Environment and such State under subsection (b) for projects and risks posed by climate change into federal infra-
Public Works of the Senate, and make publicly strategies that reduce vehicle-caused wildlife structure planning, design, engineering, con-
available, a report on the review initiated by the mortality related to, or to restore and maintain struction, operation and maintenance;
Secretary pursuant to this section. connectivity among terrestrial or aquatic habi- (2) the critical information needed by engi-
SEC. 1618. CONSTRUCTION OF CERTAIN ACCESS tats affected by, a transportation facility other- neers, planners and those charged with infra-
AND DEVELOPMENT ROADS. wise eligible for assistance under section 119 of structure upgrades and maintenance to better
Section 118(d) of title 23, United States Code, title 23, United States Code. incorporate climate change risks and impacts
is amended by striking ‘‘and the Commonwealth (2) TOTAL AMOUNT.—The total amount to be over the lifetime of projects;
of Puerto Rico’’ and inserting ‘‘, the Common- obligated by all States under paragraph (1) shall (3) how to select an appropriate, adaptive en-
wealth of Puerto Rico, and any other territory equal $75,000,000 for each of fiscal years 2022 gineering design for a range of future climate
of the United States’’. through 2025. scenarios as related to infrastructure planning
SEC. 1619. NATIONWIDE ROAD SAFETY ASSESS- (b) DISTRIBUTION.—Each State’s share of the and investment;
MENT. amount described under subsection (a)(2) shall (4) how to incentivize and incorporate systems
(a) IN GENERAL.—The Secretary of Transpor- be determined by multiplying the amount de- thinking into engineering design to maximize
tation shall, every 2 years, conduct nationwide, scribed under such subsection by the ratio the benefits of multiple natural functions and
on-the-ground road safety assessments focused that— emissions reduction, as well as regional plan-
on pedestrian and bicycle safety in each State. (1) the amount apportioned in the previous ning;
(b) REQUIREMENTS.—The assessments required fiscal year to the State under section 104 of title (5) how to take account of the risks of cas-
under subsection (a) shall be conducted— 23, United States Code; bears to cading infrastructure failures and develop more
(1) by Department of Transportation field of- (2) the total amount of funds apportioned to holistic approaches to evaluating and mitigating
fices from the Federal Highway Administration, all States in the previous fiscal year. climate risks;
the National Highway Transportation Safety (c) STATE FLEXIBILITY.— (6) how to ensure that investments in infra-
Administration, the Federal Transit Administra- (1) IN GENERAL.—A State may opt out of the structure resilience benefit all communities, in-
tion, and the Federal Motor Carrier Safety Ad- obligation requirement described under this sec- cluding communities of color, low-income com-
ministration; and tion if the Governor of the State notifies the Sec- munities and tribal communities that face a dis-
(2) in consultation with— retary that the State has inadequate needs to proportionate risk from climate change and in
(A) State and local agencies with jurisdiction justify the expenditure not later than 30 days many cases have experienced long-standing
over pedestrian and bicycle safety; prior to apportionments being made for any fis- unmet needs and underinvestment in critical in-
(B) pedestrian safety and bicycle safety advo- cal year. frastructure;
cacy organizations; and (2) USE OF FUNDS.—A State that exercises the (7) how to incorporate capital assessment and
(C) other relevant pedestrian and bicycle safe- authority under paragraph (1) may use the planning training and techniques, including a
ty stakeholders. funds described under this section for any pur- range of financing options to help local and
(c) PURPOSES.—The purpose of the assess- pose described under section 119 of title 23, State governments plan for and provide match-
ments under this section is to— United States Code. ing funds; and
(1) identify and examine specific locations (8) how federal agencies can track and mon-
SEC. 1621.CLIMATE RESILIENT TRANSPOR-
with documented or perceived problems with pe- TATION INFRASTRUCTURE STUDY. itor federally funded resilient infrastructure in
destrian and bicycle safety and access; a coordinated fashion to help build the under-
(2) examine barriers to providing safe pedes- (a) CLIMATE RESILIENT TRANSPORTATION IN-
FRASTRUCTURE STUDY.—Not later than 180 days standing of the cost-benefit of resilient infra-
trian and bicycle access to transportation infra- structure and to build the capacity for imple-
structure; and after the date of enactment of this Act, the Sec-
retary of Transportation shall enter into an menting resilient infrastructure.
(3) develop and issue recommendations de- (e) CONSULTATION.—In carrying out the
signed to effectively address specific safety and agreement with the Transportation Research
Board of the National Academies to conduct a study, the Transportation Research Board—
access issues and enhance pedestrian and bicy- (1) shall convene and consult with a panel of
cle safety in high risk areas. study of the actions needed to ensure that Fed-
eral agencies are taking into account current national experts, including operators and users
(d) REPORT ON STATE ASSESSMENTS.—Upon of Federal transportation infrastructure and
completion of the assessment of a State, the Sec- and future climate conditions in planning, de-
signing, building, operating, maintaining, in- private sector stakeholders; and
retary shall issue, and make available to the (2) is encouraged to consult with—
public, a report containing the assessment that vesting in, and upgrading any federally funded
(A) representatives from the thirteen federal
includes— transportation infrastructure investments.
agencies that comprise the United States Global
(1) a list of locations that have been assessed (b) METHODOLOGIES.—In conducting the
Change Research Program;
as presenting a danger to pedestrians or study, the Transportation Research Board shall (B) representatives from the Department of
bicyclists; and build on the methodologies examined and rec- the Treasury;
(2) recommendations to enhance pedestrian ommended in— (C) professional engineers with relevant exper-
and bicycle safety in those locations. (1) the 2018 report issued the American Society tise in infrastructure design;
(e) REPORT ON NATIONWIDE PROGRAM.—Upon of Civil Engineers, titled ‘‘Climate-Resilient In- (D) scientists from the National Academies
completion of the biannual assessment nation- frastructure: Adaptive Design and Risk Man- with relevant expertise;
wide required under this section, the Secretary agement’’; and (E) scientists, social scientists and experts
shall issue, and make available to the public, (2) the report issued by the California Cli- from academic and research institutions who
that covers assessments for all jurisdictions and mate-Safe Infrastructure Working Group, titled have expertise in climate change projections and
also present it to the congressional transpor- ‘‘Paying it Forward: The Path Toward Climate- impacts; engineering; architecture; or other rel-
tation committees. Safe Infrastructure in California’’. evant areas of expertise;
(f) NATIONAL PEDESTRIAN AND BICYCLE SAFE- (c) CONTENTS OF STUDY.—The study shall in- (F) licensed architects with relevant experi-
TY DATABASE.—The Secretary, in order to en- clude specific recommendations regarding the ence in infrastructure design;
hance pedestrian and bicycle safety and im- following: (G) certified planners;
prove information sharing on pedestrian and bi- (1) Integrating scientific knowledge of pro- (H) representatives of State, local and Tribal
cycle safety challenges between the Federal jected climate change impacts, and other rel- governments; and
Government and State and local governments, evant data and information, into Federal infra- (I) representatives of environmental justice
shall maintain a national pedestrian and bicycle structure planning, design, engineering, con- groups.
safety database that includes— struction, operation and maintenance. (f) REPORT.—Not later than 3 years after the
(1) a list of high-risk intersections, roads, and (2) Addressing critical information gaps and date of enactment of this Act, the Transpor-
highways with a documented history of pedes- challenges. tation Research Board shall submit to the Sec-
trian or bicycle accidents or fatalities and de- (3) Financing options to help fund climate-re- retary, the Committee on Transportation and
tails regarding those incidents; and silient infrastructure. Infrastructure of the House of Representatives,
(2) information on corrective measures that (4) A platform or process to facilitate commu- and the Committee on Environment and Public
have been implemented at the State, local, or nication between climate scientists and other ex- Works of the Senate a report on the results of
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Federal level to enhance pedestrian and bicy- perts with infrastructure planners, engineers the study conducted under this section.
clist safety at those high risk areas, including and other relevant experts. SEC. 1622. ELIMINATION OF DUPLICATION OF EN-
details on the nature and date of corrective ac- (5) A stakeholder process to engage with rep- VIRONMENTAL REVIEWS AND AP-
tion. resentatives of State, local, tribal and commu- PROVALS.
(g) STATE DEFINED.—In this section, the term nity groups. The Secretary of Transportation shall issue a
‘‘State’’ means each of the States, the District of (6) A platform for tracking Federal funding of final rule implementing the program under sec-
Columbia, and Puerto Rico. climate-resilient infrastructure. tion 330 of title 23, United States Code.
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H2742 CONGRESSIONAL RECORD — HOUSE June 30, 2020
SEC. 1623. AMBER ALERTS ALONG MAJOR TRANS- gas, powered primarily by means of electric bat- ‘‘(G) A bridge connecting Louisiana Highway
PORTATION ROUTES. tery power, or fueled primarily by means of 1 with Louisiana Highway 30, south of the
(a) IN GENERAL.—Section 303 of the PRO- other zero emission fuel technologies, may ex- Interstate described in subparagraph (A).’’.
TECT Act (34 U.S.C. 20503) is amended— ceed the weight limit on the power unit by up to SEC. 1627. GUIDANCE ON INUNDATED AND SUB-
(1) in the section heading, by inserting ‘‘AND 2,000 pounds (up to a maximum gross vehicle MERGED ROADS.
MAJOR TRANSPORTATION ROUTES’’ after ‘‘ALONG weight of 82,000 pounds) under this section.’’. Upon issuance of guidance issued pursuant to
HIGHWAYS’’; SEC. 1625. GUIDANCE ON EVACUATION ROUTES. section 1228 of the Disaster Recovery Reform Act
(2) in subsection (a)— (a) IN GENERAL.— of 2018 (Public Law 115–254), the Administrator
(A) by inserting ‘‘(referred to in this section as (1) GUIDANCE.—The Administrator of the Fed- of the Federal Highway Administration, in con-
the ‘Secretary’)’’ after ‘‘Secretary of Transpor- eral Highway Administration, in coordination sultation with the Administrator of the Federal
tation’’; and with the Administrator of the Federal Emer- Emergency Management Agency, shall review
(B) by inserting ‘‘and at airports, maritime gency Management Agency, and consistent with such guidance and issue guidance regarding re-
ports, border crossing areas and checkpoints, guidance issued by the Federal Emergency Man- pair, restoration, and replacement of inundated
and ports of exit from the United States’’ after agement Agency pursuant to section 1209 of the and submerged roads damaged or destroyed by a
‘‘along highways’’; Disaster Recovery Reform Act of 2018 (Public major disaster declared pursuant to the Robert
(3) in subsection (b)— Law 115–254), shall revise existing guidance or T. Stafford Disaster Relief and Emergency As-
(A) in paragraph (1)— issue new guidance as appropriate for State, sistance Act (42 U.S.C. 5121 et seq.) with respect
(i) by striking ‘‘other motorist information local, and Indian Tribal governments regarding to roads eligible for assistance under Federal
systems to notify motorists’’ and inserting the design, construction, maintenance, and re- Highway Administration programs.
‘‘other information systems to notify motorists, pair of evacuation routes. SEC. 1628. DRY BULK WEIGHT TOLERANCE.
aircraft passengers, ship passengers, and trav- (2) CONSIDERATIONS.—In revising or issuing Section 127 of title 23, United States Code, is
elers’’; and guidance under subsection (a)(1), the Adminis- amended by adding at the end the following:
(ii) by inserting ‘‘, aircraft passengers, ship trator of the Federal Highway Administration ‘‘(v) DRY BULK WEIGHT TOLERANCE.—
passengers, and travelers’’ after ‘‘necessary to shall consider— ‘‘(1) DEFINITION OF DRY BULK GOODS.—In this
notify motorists’’; and (A) methods that assist evacuation routes to— subsection, the term ‘dry bulk goods’ means any
(B) in paragraph (2)— (i) withstand likely risks to viability, includ- homogeneous unmarked nonliquid cargo being
(i) in subparagraph (A), by striking ‘‘other ing flammability and hydrostatic forces; transported in a trailer specifically designed for
motorist information systems to notify motor- (ii) improve durability, strength (including the that purpose.
ists’’ and inserting ‘‘other information systems ability to withstand tensile stresses and com- ‘‘(2) WEIGHT TOLERANCE.—Notwithstanding
to notify motorists, aircraft passengers, ship pressive stresses), and sustainability; and any other provision of this section, except for
passengers, and travelers’’; (iii) provide for long-term cost savings; the maximum gross vehicle weight limitation, a
(ii) in subparagraph (D), by inserting ‘‘, air- (B) the ability of evacuation routes to effec- commercial motor vehicle transporting dry bulk
craft passengers, ship passengers, and trav- tively manage contraflow operations; goods may not exceed 110 percent of the max-
elers’’ after ‘‘support the notification of motor- (C) for evacuation routes on public lands, the imum weight on any axle or axle group de-
ists’’; viewpoints of the applicable Federal land man- scribed in subsection (a), including any enforce-
(iii) in subparagraph (E), by inserting ‘‘, air- agement agency regarding emergency oper- ment tolerance.’’.
craft passengers, ship passengers, and trav- ations, sustainability, and resource protection; SEC. 1629. HIGHWAY USE TAX EVASION
elers’’ after ‘‘motorists’’, each place it appears; and PROJECTS.
(iv) in subparagraph (F), by inserting ‘‘, air- (D) such other items the Administrator of the Section 143(b)(2)(A) of title 23, United States
craft passengers, ship passengers, and trav- Federal Highway Administration considers ap- Code, is amended by striking ‘‘2016 through
elers’’ after ‘‘motorists’’; and propriate. 2020’’ and inserting ‘‘2022 through 2025’’.
(v) in subparagraph (G), by inserting ‘‘, air- (3) REPORT.—In the case in which the Admin- SEC. 1630. THE UNITED STATES OPPOSES CHILD
craft passengers, ship passengers, and trav- LABOR.
istrator of the Federal Highway Administration,
elers’’ after ‘‘motorists’’; in consultation with the Administrator of the It is the policy of the United States that funds
(4) in subsection (c), by striking ‘‘other motor- Federal Emergency Management Agency, con- authorized or made available by this Act, or the
ist information systems to notify motorists’’, cludes existing guidance addresses the consider- amendments made by this Act, should not be
each place it appears, and inserting ‘‘other in- ations in paragraph (2), The Administrator of used to purchase products produced whole or in
formation systems to notify motorists, aircraft the Federal Highway Administration shall sub- part through the use of child labor, as such term
passengers, ship passengers, and travelers’’; mit to the Committee on Transportation and In- is defined in Article 3 of the International Labor
(5) by amending subsection (d) to read as fol- frastructure of the House of Representatives and Organization Convention concerning the prohi-
lows: the Committee on Environment and Public bition and immediate action for the elimination
‘‘(d) FEDERAL SHARE.— Works of the Senate a detailed report describing of the worst forms of child labor (December 2,
‘‘(1) IN GENERAL.—Except as provided in para- how existing guidance addresses such consider- 2000), or in violation of human rights.
graph (2), the Federal share of the cost of any ations. TITLE II—PUBLIC TRANSPORTATION
activities funded by a grant under this section (b) STUDY.—The Administrator of the Federal Subtitle A—Federal Transit Administration
may not exceed 80 percent. Highway Administration, in coordination with SEC. 2101. AUTHORIZATIONS.
‘‘(2) WAIVER.—If the Secretary determines the Administrator of the Federal Emergency (a) IN GENERAL.—Section 5338 of title 49,
that American Samoa, Guam, the Northern Management Agency and State, local, terri- United States Code, is amended to read as fol-
Mariana Islands, Puerto Rico, or the Virgin Is- torial, and Indian Tribal governments, shall— lows:
lands of the United States is unable to comply (1) conduct a study of the adequacy of avail-
with the requirement under paragraph (1), the ‘‘§ 5338. Authorizations
able evacuation routes to accommodate the flow
Secretary shall waive such requirement.’’; of evacuees; and ‘‘(a) GRANTS.—
(6) in subsection (g)— (2) submit recommendations to Congress on ‘‘(1) IN GENERAL.—There shall be available
(A) by striking ‘‘In this section’’ and inserting how to help with anticipated evacuation route from the Mass Transit Account of the Highway
‘‘In this subtitle’’; and flow, based on the study conducted under para- Trust Fund to carry out sections 5305, 5307,
(B) by striking ‘‘or Puerto Rico’’ and inserting graph (1). 5308, 5310, 5311, 5312, 5314, 5318, 5320, 5328, 5335,
‘‘American Samoa, Guam, Puerto Rico, the 5337, 5339, and 5340—
SEC. 1626. HIGH PRIORITY CORRIDORS ON NA-
Northern Mariana Islands, the Virgin Islands of TIONAL HIGHWAY SYSTEM.
‘‘(A) $16,185,800,000 for fiscal year 2022;
the United States, and any other territory of the ‘‘(B) $16,437,600,000 for fiscal year 2023;
Section 1105(c) of the Intermodal Surface ‘‘(C) $16,700,600,000 for fiscal year 2024; and
United States’’. Transportation Efficiency Act of 1991 is amend-
(b) TECHNICAL AND CONFORMING AMEND- ‘‘(D) $16,963,600,000 for fiscal year 2025.
ed by adding at the end the following: ‘‘(2) ALLOCATION OF FUNDS.—Of the amounts
MENT.—The table of contents in section 1(b) of
‘‘(92) The Louisiana Capital Region High Pri- made available under paragraph (1)—
the PROTECT Act (Public Law 108–21) is ority Corridor, which shall generally follow— ‘‘(A) $189,879,151 for fiscal year 2022,
amended by striking the item relating to section ‘‘(A) Interstate 10, between its intersections $192,841,266 for fiscal year 2023, $195,926,726 for
303 and inserting the following: with Interstate 12 and Louisiana Highway 415; fiscal year 2024, and $199,002,776 for fiscal year
‘‘Sec. 303. Grant program for notification and ‘‘(B) Louisiana Highway 415, between its 2025, shall be available to carry out section 5305;
communications systems along intersections with Interstate 10 and United ‘‘(B) $7,505,830,848 for fiscal year 2022,
highways and major transpor- States route 190; $7,622,921,809 for fiscal year 2023, $7,744,888,558
tation routes for recovery of ab- ‘‘(C) United States route 190, between its for fiscal year 2024, and $7,866,483,309 for fiscal
ducted children.’’. intersections with Louisiana Highway 415 and year 2025 shall be allocated in accordance with
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SEC. 1624. NATURAL GAS, ELECTRIC BATTERY, intersection with Interstate110; section 5336 to provide financial assistance for
AND ZERO EMISSION VEHICLES. ‘‘(D) Interstate 110, between its intersections urbanized areas under section 5307;
Subsection (s) of section 127 of title 23, United with United States route 190 and Interstate 10; ‘‘(C) $101,510,000 for fiscal year 2022,
States Code is amended to read as follows: ‘‘(E) Louisiana Highway 30, near St. Gabriel, $103,093,556 for fiscal year 2023, $104,743,053 for
‘‘(s) NATURAL GAS, ELECTRIC BATTERY, AND LA and its intersections with Interstate 10; fiscal year 2024, and $106,387,519 for fiscal year
ZERO EMISSION VEHICLES.—A vehicle, if oper- ‘‘(F) Louisiana Highway 1, near White Castle, 2025 shall be available for grants under section
ated by an engine fueled primarily by natural LA and its intersection with Interstate 10; and 5308;
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