Consideration of H.R. 3684 — Congressional Record, House, June 30, 2021
Summary
Congressional Record, House, page H3338, June 30, 2021. Mr. Desaulnier demands the yeas and nays on a resolution, and the vote is printed as yeas 219, nays 190, not voting 21, followed by lists of members recorded under House Resolution 8. Mr. DeFazio then calls up the bill H.R. 3684 under House Resolution 504 to authorize funds for Federal-aid highways, highway safety programs, and transit programs. The page prints the first section of the bill, whose short title is the Investing in a New Vision for the Environment and Surface Transportation in America Act.
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. 3684 — Congressional Record, House, June 30, 2021.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-06-30-crec-2021-06-30-pt1-pgh3338-cbef2c0131/
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H3338 CONGRESSIONAL RECORD — HOUSE June 30, 2021
Long Owens (Stewart) Strickland Tonko Veasey Welch MEMBERS RECORDED PURSUANT TO HOUSE
(Fleischmann) Payne (Pallone) (DelBene) Torres (CA) Vela Wexton RESOLUTION 8, 117TH CONGRESS
Lowenthal Ruiz (Aguilar) Timmons Torres (NY) Velázquez Wild
(Beyer) Babin (Nehls) Johnson (TX) Napolitano
Rush (Gonzalez Trahan Wasserman Williams (GA)
McClain Boebert (Gosar) (Jeffries) (Correa)
(Underwood) (OH)) Trone Schultz Wilson (FL)
(Bergman) Cárdenas Kirkpatrick Owens (Stewart)
Sewell (DelBene) Wilson (FL) Underwood Waters Yarmuth Payne (Pallone)
Meng (Jeffries) (Gomez) (Stanton)
Steube (Hayes) Vargas Watson Coleman Ruiz (Aguilar)
Mullin (Lucas) Cawthorn (Nehls) Lawson (FL)
(Franklin, C. Young (Mast) Rush
Napolitano Cohen (Beyer) (Evans)
(Correa)
Scott) NAYS—190 (Underwood)
Comer Leger
Aderholt Gimenez Miller-Meeks (Cammack) Fernandez Sewell (DelBene)
The SPEAKER pro tempore (Mrs. Allen Gonzales, Tony Moolenaar Fallon (Nehls) (Jacobs (CA))
Steube
HAYES). The question is on the resolu- Amodei Gonzalez (OH) Mooney (Franklin, C.
Gallego (Gomez) Lieu (Beyer)
Scott)
tion. Armstrong Gooden (TX) Moore (AL) Garcia (TX) Long
Strickland
Babin Gosar Moore (UT) (Jeffries) (Fleischmann)
The question was taken; and the Granger (DelBene)
Bacon Mullin Grijalva Lowenthal
Speaker pro tempore announced that Baird Graves (LA) Murphy (NC)
Timmons
(Stanton) (Beyer) (Gonzalez
the noes appeared to have it. Balderson Graves (MO) Nehls Horsford McClain (OH))
Mr. DESAULNIER. Madam Speaker, Barr Green (TN) Newhouse (Jeffries) (Bergman) Wilson (FL)
Bentz Greene (GA) Nunes
on that I demand the yeas and nays. Griffith
Jacobs (NY) Meng (Jeffries) (Hayes)
Bergman Obernolte (Garbarino) Mullin (Lucas) Young (Mast)
The SPEAKER pro tempore. Pursu- Bice (OK) Grothman Owens
ant to section 3(s) of House Resolution Biggs Guest Palazzo f
8, the yeas and nays are ordered. Bilirakis Guthrie Palmer
The vote was taken by electronic de- Bishop (NC) Hagedorn Pence INVESTING IN A NEW VISION FOR
Boebert Harris Perry THE ENVIRONMENT AND SUR-
vice, and there were—yeas 219, nays Bost Harshbarger Posey
190, not voting 21, as follows: Brady Hartzler
FACE TRANSPORTATION IN
Reed
Brooks Hern AMERICA ACT
[Roll No. 200] Reschenthaler
Buchanan Herrera Beutler
YEAS—219 Hice (GA)
Rice (SC) Mr. DEFAZIO. Mr. Speaker, pursuant
Buck Rogers (AL)
Adams Foster Meng Bucshon Hill to House Resolution 504, I call up the
Rogers (KY)
Aguilar Frankel, Lois Mfume Budd Hinson Rosendale bill (H.R. 3684) to authorize funds for
Allred Gallego Moore (WI) Burchett Hollingsworth Rouzer Federal-aid highways, highway safety
Auchincloss Garamendi Morelle Burgess Hudson
Calvert Huizenga
Rutherford programs, and transit programs, and
Axne Garcı́a (IL) Moulton Salazar
Barragán Garcia (TX) Mrvan Cammack Jacobs (NY) for other purposes, and ask for its im-
Scalise
Bass Golden Murphy (FL) Carl Johnson (OH)
Schweikert
mediate consideration in the House.
Beatty Gomez Nadler Carter (TX) Johnson (SD) The Clerk read the title of the bill.
Scott, Austin
Bera Gonzalez, Napolitano Cawthorn Jordan
Beyer Vicente Neal Chabot Joyce (OH)
Sessions The SPEAKER pro tempore (Mr.
Simpson MCGOVERN). Pursuant to House Resolu-
Bishop (GA) Gottheimer Neguse Cheney Joyce (PA)
Smith (MO)
Blumenauer Green, Al (TX) Newman Cline Katko
Smith (NE)
tion 504, in lieu of the amendment in
Blunt Rochester Grijalva Norcross Clyde Keller the nature of a substitute rec-
Bonamici Harder (CA) O’Halleran Kelly (MS) Smith (NJ)
Cole
Bourdeaux Hayes Ocasio-Cortez Comer Kelly (PA) Smucker ommended by the Committee on Trans-
Bowman Higgins (NY) Omar Crawford Kim (CA) Spartz portation and Infrastructure printed in
Boyle, Brendan Himes Pallone Stauber
Crenshaw Kinzinger
Steel
the bill, an amendment in the nature of
F. Horsford Panetta Curtis Kustoff
Brown Houlahan Pappas LaHood Stefanik a substitute consisting of the text of
Davidson
Brownley Hoyer Pascrell Davis, Rodney LaMalfa Steil Rules Committee Print 117–8, modified
Bush Huffman Payne DesJarlais Lamborn Steube by Rules Committee Print 117–9 and
Bustos Jackson Lee Perlmutter Diaz-Balart Latta Stewart
Taylor
the amendment printed in part B of
Butterfield Jacobs (CA) Peters Donalds LaTurner
Carbajal Jayapal Phillips Duncan Lesko Tenney House Report 117–74, is adopted, and
Cárdenas Jeffries Pingree Dunn Letlow Thompson (PA) the bill, as amended, is considered
Carson Johnson (GA) Pocan Emmer Long Timmons read.
Carter (LA) Johnson (TX) Porter Estes Loudermilk Turner
Cartwright Jones Pressley Upton
The text of the bill, as amended, is as
Fallon Lucas
Case Kahele Price (NC) Feenstra Luetkemeyer Valadao follows:
Casten Kaptur Quigley Ferguson Mace Van Drew H.R. 3684
Castor (FL) Keating Raskin Fischbach Malliotakis Van Duyne
Castro (TX) Kelly (IL) Rice (NY) Wagner
Be it enacted by the Senate and House of Rep-
Fitzgerald Mann
Chu Khanna Ross Fitzpatrick Massie Walberg resentatives of the United States of America in
Cicilline Kildee Roybal-Allard Fleischmann Mast Walorski Congress assembled,
Clark (MA) Kilmer Ruiz Fortenberry McCarthy Waltz SECTION 1. SHORT TITLE.
Clarke (NY) Kim (NJ) Ruppersberger Foxx McCaul Webster (FL)
Cleaver Kind Rush
This Act may be cited as the ‘‘Investing in a
Franklin, C. McClain Wenstrup New Vision for the Environment and Surface
Clyburn Kirkpatrick Ryan Scott McClintock Westerman
Cohen Krishnamoorthi Sánchez Transportation in America Act’’ or the ‘‘IN-
Gaetz McHenry Wilson (SC)
Connolly Kuster Sarbanes
Gallagher McKinley Wittman VEST in America Act’’.
Cooper Lamb Scanlon Womack SEC. 2. TABLE OF CONTENTS.
Garbarino Meijer
Correa Langevin Schakowsky
Garcia (CA) Meuser Young The table of contents for this Act is as follows:
Costa Larsen (WA) Schiff
Gibbs Miller (WV) Zeldin
Courtney Larson (CT) Schneider Sec. 1. Short title.
Craig Lawrence Schrader Sec. 2. Table of contents.
Crist Lawson (FL) Schrier NOT VOTING—21
Sec. 3. References.
Crow Lee (CA) Scott (VA) Arrington Herrell Pfluger
Cuellar Lee (NV) Scott, David Banks Higgins (LA) Rodgers (WA)
DIVISION A—FEDERAL SURFACE TRANS-
Davids (KS) Leger Fernandez Sewell Carter (GA) Issa Rose PORTATION PROGRAMS FOR FISCAL
Davis, Danny K. Levin (CA) Sherman Cloud Jackson Roy YEAR 2022
Dean Levin (MI) Sherrill Fulcher Johnson (LA) Tiffany Sec. 101. Definitions.
DeFazio Lieu Sires Gohmert Miller (IL) Weber (TX)
DeGette Lofgren Slotkin
Sec. 102. Extension of Federal Surface Trans-
Good (VA) Norman Williams (TX)
DeLauro Lowenthal Smith (WA) portation programs.
DelBene Luria Soto Sec. 103. Additional amounts for the Federal-
Delgado Lynch Spanberger b 1658 aid highway program and member
Demings Malinowski Speier designated projects.
DeSaulnier Maloney, Stansbury Mr. GARAMENDI and Mrs. LAW- Sec. 104. Federal Transit Administration.
Deutch Carolyn B. Stanton Sec. 105. National highway traffic safety ad-
Dingell Maloney, Sean Stevens RENCE changed their vote from ‘‘nay’’
to ‘‘yea.’’ ministration.
ctelli on DSK11ZRN23PROD with HOUSE
Doggett Manning Strickland
Doyle, Michael Matsui Suozzi Sec. 106. Federal motor carrier safety adminis-
F. McBath Swalwell So the resolution was agreed to. tration.
Escobar McCollum Takano Sec. 107. Member designated project authoriza-
Eshoo McEachin Thompson (CA)
The result of the vote was announced
tions.
Espaillat McGovern Thompson (MS) as above recorded.
Evans McNerney Titus
DIVISION B—SURFACE TRANSPORTATION
Fletcher Meeks Tlaib A motion to reconsider was laid on Sec. 1001. Applicability of division.
the table.
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3339
TITLE I—FEDERAL-AID HIGHWAYS Sec. 1405. Fiscal constraint on long-range Sec. 1639. Technical corrections.
Subtitle A—Authorizations and Program transportation plans. Sec. 1640. Credit adjustments for paycheck pro-
Conditions Subtitle E—Federal Lands, Tribes, and tection program loan forgiveness
Sec. 1101. Authorization of appropriations. Territories under highway and public trans-
Sec. 1102. Obligation limitation. portation project cost reimburse-
Sec. 1501. Territorial and Puerto Rico highway
Sec. 1103. Definitions and declaration of policy. ment contracts.
program.
Sec. 1104. Apportionment. Sec. 1502. Tribal transportation program. TITLE II—PUBLIC TRANSPORTATION
Sec. 1105. Additional deposits into Highway Sec. 1503. Tribal High Priority Projects pro- Subtitle A—Federal Transit Administration
Trust Fund. gram. Sec. 2101. Authorizations.
Sec. 1106. Transparency. Sec. 1504. Federal lands transportation pro- Sec. 2102. Chapter 53 definitions.
Sec. 1107. Complete and context sensitive street gram. Sec. 2103. General provisions.
design. Sec. 1505. Federal lands and Tribal major
Sec. 1108. Federal share. Sec. 2104. Miscellaneous provisions.
projects program. Sec. 2105. Policies and purposes.
Sec. 1109. Transferability of Federal-aid high- Sec. 1506. Office of Tribal Government Affairs.
way funds. Sec. 2106. Fiscal years 2022 and 2023 formulas.
Sec. 1507. Alternative contracting methods.
Sec. 1110. Tolling. Sec. 2107. Metropolitan transportation plan-
Sec. 1508. Divestiture of federally owned
Sec. 1111. HOV facilities. ning.
bridges.
Sec. 1112. Buy America. Sec. 2108. Statewide and nonmetropolitan
Sec. 1509. Study on Federal funding available
Sec. 1113. Federal-aid highway project require- transportation planning.
to Indian Tribes.
ments. Sec. 2109. Obligation limitation.
Sec. 1510. GAO study.
Sec. 1114. State assumption of responsibility for Sec. 2110. Public transportation emergency re-
Sec. 1511. Federal lands access program.
categorical exclusions. lief funds.
Sec. 1115. Surface transportation project deliv- Subtitle F—Additional Provisions Sec. 2111. Certification requirements.
ery program written agreements. Sec. 1601. Vision zero. Sec. 2112. Hold harmless.
Sec. 1116. Corrosion prevention for bridges. Sec. 1602. Speed limits. Sec. 2113. Study on accessibility of public trans-
Sec. 1117. Sense of Congress. Sec. 1603. Dig Once for broadband infrastruc- portation.
Sec. 1118. Accommodation of certain facilities in ture deployment. Subtitle B—Improving Frequency and Ridership
right-of-way. Sec. 1604. Stormwater best management prac-
tices. Sec. 2201. Multi-jurisdictional bus frequency
Sec. 1119. Federal grants for pedestrian and
Sec. 1605. Pedestrian facilities in the public and ridership competitive grants.
bike safety improvements.
right-of-way. Sec. 2202. Incentivizing frequency in the urban
Subtitle B—Programmatic Infrastructure formula.
Investment Sec. 1606. Highway formula modernization re-
port. Sec. 2203. Mobility innovation.
Sec. 1201. National highway performance pro- Sec. 2204. Formula grants for rural areas.
Sec. 1607. Consolidation of programs.
gram. Sec. 2205. One-stop paratransit program.
Sec. 1608. Student outreach report to Congress.
Sec. 1202. Increasing the resilience of transpor- Subtitle C—Buy America and Other
Sec. 1609. Task force on developing a 21st cen-
tation assets. Procurement Reforms
tury surface transportation work-
Sec. 1203. Emergency relief.
force. Sec. 2301. Buy America.
Sec. 1204. Railway crossings.
Sec. 1610. On-the-job training and supportive Sec. 2302. Bus procurement streamlining.
Sec. 1205. Surface transportation program.
Sec. 1206. Transportation alternatives program. services. Sec. 2303. Bus testing facility.
Sec. 1207. Bridge investment. Sec. 1611. Appalachian development highway Sec. 2304. Repayment requirement.
Sec. 1208. Construction of ferry boats and ferry system funding flexibility. Sec. 2305. Definition of urbanized areas fol-
terminal facilities. Sec. 1612. Transportation education develop- lowing a major disaster.
Sec. 1209. Highway safety improvement pro- ment program. Sec. 2306. Special rule for certain rolling stock
gram. Sec. 1613. Working group on construction re- procurements.
Sec. 1210. Congestion mitigation and air quality sources. Sec. 2307. Spare ratio waiver.
improvement program. Sec. 1614. Numbering system of highway inter-
Subtitle D—Bus Grant Reforms
Sec. 1211. Electric vehicle charging stations. changes.
Sec. 1615. Toll credits. Sec. 2401. Formula grants for buses.
Sec. 1212. National highway freight program. Sec. 2402. Bus facilities and fleet expansion
Sec. 1213. Carbon pollution reduction. Sec. 1616. Transportation construction mate-
rials procurement. competitive grants.
Sec. 1214. Recreational trails. Sec. 2403. Zero emission bus grants.
Sec. 1215. Safe routes to school program. Sec. 1617. Nationwide road safety assessment.
Sec. 1618. Climate resilient transportation infra- Sec. 2404. Restoration to state of good repair
Sec. 1216. Bicycle transportation and pedes-
structure study. formula subgrant.
trian walkways.
Sec. 1619. Natural gas, electric battery, and Sec. 2405. Workforce development training
Sec. 1217. Noise barriers.
zero emission vehicles. grants.
Sec. 1218. Safe streets for all.
Sec. 1219. Youth service and conservation Sec. 1620. Guidance on evacuation routes. Subtitle E—Supporting All Riders
corps. Sec. 1621. High priority corridors on National Sec. 2501. Low-income urban formula funds.
Highway System. Sec. 2502. Rural persistent poverty formula.
Subtitle C—Project-Level Investments
Sec. 1622. Guidance on inundated and sub- Sec. 2503. Demonstration grants to support re-
Sec. 1301. Projects of national and regional sig- merged roads.
nificance. duced fare transit.
Sec. 1623. Dry bulk weight tolerance. Sec. 2504. Equity in transit service planning.
Sec. 1302. Community transportation invest- Sec. 1624. Highway use tax evasion projects.
ment grant program. Sec. 2505. GAO study on fare-free transit.
Sec. 1625. Labor standards.
Sec. 1303. Clean corridors program. Sec. 1626. Climate resiliency report by GAO. Subtitle F—Supporting Frontline Workers and
Sec. 1304. Community climate innovation Sec. 1627. Designation of John R. Lewis Voting Passenger Safety
grants. Rights Highway. Sec. 2601. National transit frontline workforce
Sec. 1305. Metro performance program. Sec. 1628. GAO study on capital needs of public training center.
Sec. 1306. Gridlock reduction grant program. ferries. Sec. 2602. Public transportation safety program.
Sec. 1307. Rebuild rural bridges program. Sec. 1629. Use of modeling and simulation tech- Sec. 2603. Innovation workforce standards.
Sec. 1308. Parking for commercial motor vehi- nology. Sec. 2604. Safety performance measures and set
cles. Sec. 1630. GAO study on per-mile user fee eq- asides.
Sec. 1309. Active connected transportation uity. Sec. 2605. U.S. Employment Plan.
grant program. Sec. 1631. GAO review of equity considerations Sec. 2606. Technical assistance and workforce
Sec. 1310. Wildlife crossings program. at State DOTs. development.
Sec. 1311. Reconnecting neighborhoods pro- Sec. 1632. Study on effectiveness of suicide pre- Sec. 2607. Resilient public transportation study.
gram. vention nets and barriers for
Sec. 1312. Apprenticeship utilization. Subtitle G—Transit-Supportive Communities
structures other than bridges. Sec. 2701. Transit-supportive communities.
Subtitle D—Planning, Performance Sec. 1633. Transportation planning activities.
Management, and Asset Management Sec. 2702. Property disposition for affordable
Sec. 1634. Better Utilizing Infrastructure for
housing.
Sec. 1401. Metropolitan transportation plan- Lasting Development of Veterans
Sec. 2703. Affordable housing incentives in cap-
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ning. Businesses.
ital investment grants.
Sec. 1402. Statewide and nonmetropolitan Sec. 1635. Vehicle weight limitations.
transportation planning. Sec. 1636. Roadway worker protection working Subtitle H—Innovation
Sec. 1403. National goals and performance man- group. Sec. 2801. Mobility innovation sandbox pro-
agement measures. Sec. 1637. GAO study on nature-based solutions gram.
Sec. 1404. Transportation demand data and for coastal highway resilience. Sec. 2802. Transit bus operator compartment re-
modeling study. Sec. 1638. Repeal of pilot program. design program.
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H3340 CONGRESSIONAL RECORD — HOUSE June 30, 2021
Sec. 2803. Federal Transit Administration Every Sec. 4302. Alcohol and controlled substances Sec. 5306. Third-party data integration pilot
Day Counts initiative. testing. program.
Sec. 2804. Technical corrections. Sec. 4303. Entry-level driver training. Sec. 5307. Third-party data planning integra-
Sec. 2805. National advanced technology transit Sec. 4304. Driver detention time. tion pilot program.
bus development program. Sec. 4305. Truck Leasing Task Force. Sec. 5308. Automated commercial vehicle report-
Sec. 2806. Public transportation innovation. Sec. 4306. Hours of service. ing.
Sec. 2807. Transit vehicle battery recycling and Sec. 4307. Driver recruitment. Sec. 5309. Task Force to Promote American Ve-
reuse. Sec. 4308. Screening for obstructive sleep apnea. hicle Competitiveness.
Subtitle I—Other Program Reauthorizations Sec. 4309. Women of Trucking Advisory Board. Sec. 5310. Multimodal transportation dem-
Sec. 2901. Reauthorization for capital and pre- Sec. 4310. Application of commercial motor ve- onstration program.
ventive maintenance projects for hicle safety. Sec. 5311. Heavy freight automated trucking re-
Washington Metropolitan Area Sec. 4311. Use of data. search corridor.
Transit Authority. Subtitle D—Commercial Motor Vehicle and Subtitle D—Surface Transportation Funding
Sec. 2902. Other apportionments. Schoolbus Safety Pilot Programs
Subtitle J—Streamlining Sec. 4401. Schoolbus safety standards. Sec. 5401. State surface transportation system
Sec. 2911. Fixed guideway capital investment Sec. 4402. Illegal passing of schoolbuses. funding pilot.
grants. Sec. 4403. State inspection of passenger-car- Subtitle E—Miscellaneous
Sec. 2912. Rural and small urban apportion- rying commercial motor vehicles. Sec. 5501. Ergonomic seating working group.
ment deadline. Sec. 4404. Automatic emergency braking. Sec. 5502. Repeal of section 6314 of title 49,
Sec. 2913. Disposition of assets beyond useful Sec. 4405. Underride protection. United States Code.
life. Sec. 4406. Transportation of horses. Sec. 5503. Transportation workforce outreach
Sec. 2914. Innovative coordinated access and Sec. 4407. Additional State authority. program.
mobility. Sec. 4408. Updating the required amount of in- Sec. 5504. Advisory council on transportation
Sec. 2915. Passenger ferry grants. surance for commercial motor ve- statistics.
Sec. 2916. Evaluation of benefits and Federal hicles. Sec. 5505. GAO review of discretionary grant
investment. Sec. 4409. Universal electronic identifier. programs.
Sec. 2917. Best practices for the application of TITLE V—INNOVATION TITLE VI—MULTIMODAL
National Environmental Policy Sec. 5001. Authorization of appropriations. TRANSPORTATION
Act of 1969 to federally funded
Subtitle A—Research and Development Sec. 6001. National multimodal freight policy.
bus shelters.
Sec. 5101. Highway research and development Sec. 6002. National freight strategic plan.
Sec. 2918. Capital investment grant stream-
program. Sec. 6003. National multimodal freight network.
lining.
Sec. 5102. Materials to reduce greenhouse gas Sec. 6004. State freight advisory committees.
Sec. 2919. Disposition of rolling stock to improve
Sec. 6005. State freight plans.
air quality goals. emissions program.
Sec. 6006. Study of freight transportation fee.
TITLE III—HIGHWAY TRAFFIC SAFETY Sec. 5103. Transportation research and develop-
Sec. 6007. National Surface Transportation and
ment 5-year strategic plan.
Sec. 3001. Authorization of appropriations. Innovative Finance Bureau.
Sec. 5104. University transportation centers Sec. 6008. Transportation equity advisory com-
Sec. 3002. Highway safety programs.
Sec. 3003. Fair and equitable traffic safety en- program. mittee.
forcement. Sec. 5105. Unsolicited research initiative. Sec. 6009. Sense of Congress.
Sec. 3004. Highway safety research and devel- Sec. 5106. National cooperative multimodal
freight transportation research TITLE VII—TRANSPORTATION INFRA-
opment. STRUCTURE FINANCE AND INNOVATION
Sec. 3005. Grant program to prohibit racial program.
Sec. 5107. Wildlife-vehicle collision reduction ACT
profiling.
and habitat connectivity improve- Sec. 7001. Transportation Infrastructure Fi-
Sec. 3006. National safety campaigns.
ment. nance and Innovation Act.
Sec. 3007. National priority safety programs.
Sec. 3008. Minimum penalties for repeat offend- Sec. 5108. Research activities. DIVISION C—HAZARDOUS MATERIALS
ers for driving while intoxicated Sec. 5109. Transportation equity research pro- TRANSPORTATION
or driving under the influence. gram. Sec. 8001. Short title.
Sec. 3009. National priority safety program Sec. 5110. Surface transportation research, de-
TITLE I—AUTHORIZATIONS
grant eligibility. velopment, and technology.
Sec. 5111. Metropolitan planning research pilot Sec. 8101. Authorization of appropriations.
Sec. 3010. Implicit bias research and training
grants. program. TITLE II—HAZARDOUS MATERIALS
Sec. 3011. Stop motorcycle checkpoint funding. Sec. 5112. Integrated project delivery. SAFETY AND IMPROVEMENT
Sec. 3012. Electronic driver’s license. Sec. 5113. Accelerated implementation and de- Sec. 8201. Repeal of certain requirements re-
Sec. 3013. Motorcyclist Advisory Council. ployment of advanced digital con- lated to lithium cells and bat-
Sec. 3014. Report on marijuana research. struction management systems. teries.
Sec. 3015. Comptroller General study on na- Sec. 5114. Innovative material innovation hubs. Sec. 8202. Transportation of liquefied natural
tional DUI reporting. Sec. 5115. Strategic transportation research gas by rail tank car.
Sec. 3016. Report on impaired driving. agenda. Sec. 8203. Hazardous materials training require-
Sec. 3017. Impaired driving countermeasure. Sec. 5116. Advanced transportation research ments and grants.
TITLE IV—MOTOR CARRIER SAFETY and innovation program. Sec. 8204. Lithium battery approval.
Subtitle A—Motor Carrier Safety Grants, Sec. 5117. Interagency innovative materials DIVISION D—RAIL
Operations, and Programs standards task force. Sec. 9001. Short title.
Sec. 5118. Vehicular data analytics pilot pro-
Sec. 4101. Motor carrier safety grants. TITLE I—AUTHORIZATIONS
gram.
Sec. 4102. Motor carrier safety operations and Sec. 9101. Authorization of appropriations.
programs. Subtitle B—Technology Deployment
Sec. 9102. Passenger rail improvement, mod-
Sec. 4103. Immobilization grant program. Sec. 5201. Technology and innovation deploy- ernization, and expansion grants.
Sec. 4104. Operation of small commercial vehi- ment program. Sec. 9103. Consolidated rail infrastructure and
cles study. Sec. 5202. Accelerated implementation and de- safety improvement grants.
Subtitle B—Motor Carrier Safety Oversight ployment of pavement tech- Sec. 9104. Railroad rehabilitation and improve-
Sec. 4201. Motor Carrier Safety Advisory Com- nologies. ment financing.
mittee. Sec. 5203. Federal Highway Administration Sec. 9105. Bridges, stations, and tunnels (BeST)
Sec. 4202. Compliance, safety, accountability. Every Day Counts initiative. grant program.
Sec. 4203. Terms and conditions for exemptions. Subtitle C—Emerging Technologies Sec. 9106. Buy America.
Sec. 4204. Safety fitness of motor carriers of Sec. 5301. Mobility through advanced tech- TITLE II—AMTRAK REFORMS
passengers. nologies. Sec. 9201. Amtrak findings, mission, and goals.
Sec. 4205. Providers of recreational activities. Sec. 5302. Intelligent transportation systems Sec. 9202. Amtrak status.
Sec. 4206. Amendments to regulations relating program. Sec. 9203. Board of Directors.
to transportation of household Sec. 5303. National highly automated vehicle Sec. 9204. Amtrak preference enforcement.
goods in interstate commerce.
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and mobility innovation clearing- Sec. 9205. Use of facilities and providing serv-
Sec. 4207. Broker guidance. house. ices to Amtrak.
Sec. 4208. Review of labor laws. Sec. 5304. Study on safe interactions between Sec. 9206. Prohibition on mandatory arbitra-
Subtitle C—Commercial Motor Vehicle Driver automated vehicles and road tion.
Safety users. Sec. 9207. Amtrak ADA assessment.
Sec. 4301. Commercial driver’s license for pas- Sec. 5305. Surface transportation workforce re- Sec. 9208. Prohibition on smoking on Amtrak
senger carriers. training grant program. trains.
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3341
Sec. 9209. State-supported routes operated by Sec. 9560. Report on safety measures required (A) American Samoa.
Amtrak. for Quiet Zones. (B) The Commonwealth of the Northern Mar-
Sec. 9210. Amtrak Police Department. TITLE VI—MISCELLANEOUS iana Islands.
Sec. 9211. Amtrak food and beverage. (C) Guam.
Sec. 9601. Rail network climate change vulner- (D) The United States Virgin Islands.
Sec. 9212. Clarification on Amtrak contracting
ability assessment.
out. SEC. 102. EXTENSION OF FEDERAL SURFACE
Sec. 9602. Advance acquisition. TRANSPORTATION PROGRAMS.
Sec. 9213. Amtrak staffing. Sec. 9603. University Rail Climate Innovation
Sec. 9214. Special transportation. (a) EXTENSION OF FEDERAL SURFACE TRANS-
Institute.
Sec. 9215. Disaster and emergency relief pro- PORTATION PROGRAMS.—
Sec. 9604. Workforce diversity and development.
gram. (1) IN GENERAL.—Unless otherwise provided in
Sec. 9605. Requirements for railroad freight cars
Sec. 9216. Access to recreational trails. this division, the requirements, authorities, con-
entering service in United States.
Sec. 9217. Amtrak cybersecurity enhancement ditions, eligibilities, limitations, and other provi-
Sec. 9606. Rail research and development Center
and resiliency grant program. sions authorized under the covered laws, which
of Excellence.
Sec. 9218. Amtrak and private cars. would otherwise expire on or cease to apply
Sec. 9607. Freight railroad locomotive require-
Sec. 9219. Amtrak Office of Community Out- after September 30, 2021, are incorporated by
ments.
reach. reference and shall continue in effect through
DIVISION E—SPORT FISH RESTORATION, September 30, 2022.
Sec. 9220. Long-distance customer enhancement
RECREATIONAL BOATING SAFETY, AND (2) AUTHORIZATION OF APPROPRIATIONS.—
program.
WILDLIFE RESTORATION (A) HIGHWAY TRUST FUND.—
Sec. 9221. Amtrak carbon-free and renewable
energy initiatives. Sec. 9701. Short title. (i) HIGHWAY ACCOUNT.—
Sec. 9702. Division of annual appropriations. (I) IN GENERAL.—Except as provided in sub-
TITLE III—INTERCITY PASSENGER RAIL clause (II), there is authorized to be appro-
Sec. 9703. Recreational boating access.
POLICY priated from the Highway Account for fiscal
Sec. 9704. Wildlife Restoration Fund adminis-
Sec. 9301. Northeast Corridor Commission. tration. year 2022, for each program under the covered
Sec. 9302. Northeast Corridor planning. Sec. 9705. Sport Fish Restoration and Boating laws with respect to which amounts are author-
Sec. 9303. Protective arrangements. Trust Fund. ized to be appropriated from such account for
Sec. 9304. Interstate rail compacts. Sec. 9706. Sport Fishing and Boating Partner- fiscal year 2021, an amount equal to the amount
Sec. 9305. High-speed rail updates. ship Council. authorized for appropriation with respect to the
Sec. 9306. State rail planning formula funds. DIVISION F—AUTO SAFETY program from such account for fiscal year 2021.
TITLE IV—COMMUTER RAIL POLICY (II) ADMINISTRATIVE EXPENSES.—Notwith-
Sec. 10101. Safety warning for occupants of hot
Sec. 9401. Sense of Congress regarding com- standing any other provision of this division,
cars.
muter rail liability insurance. there is authorized to be appropriated from the
Sec. 10102. Rulemaking to install automatic
Sec. 9402. Surface Transportation Board medi- Highway Account for fiscal year 2022—
shutoff systems and rollaway pre-
ation of trackage use requests. (aa) $516,000,000 for administrative expenses
vention technology in motor vehi-
Sec. 9403. Surface Transportation Board medi- of the Federal Highway Administration, as de-
cles.
ation of rights-of-way use re- scribed in section 104(a) of title 23, United States
Sec. 10103. 21st Century Smart Cars.
quests. Code; and
Sec. 10104. Updating the 5-star safety rating (bb) $30,086,000 for grant administrative ex-
TITLE V—RAIL SAFETY system. penses of the National Highway Traffic Safety
Subtitle A—Passenger and Freight Safety Sec. 10105. Advanced drunk driving prevention
Administration, as described in section
technology.
Sec. 9501. Study on safety impact of long trains. 4001(a)(6) of the FAST Act (Public Law 114–94).
Sec. 10106. Limousine compliance with Federal (ii) MASS TRANSIT ACCOUNT.—
Sec. 9502. FRA safety reporting. safety standards.
Sec. 9503. Waiver notice requirements. (I) IN GENERAL.—There is authorized to be ap-
Sec. 10107. Study to evaluate the performance propriated from the Mass Transit Account for
Sec. 9504. Notice of FRA comprehensive safety of crash avoidance systems.
compliance assessments. fiscal year 2022, for each program under the
Sec. 10108. Study and report on motor vehicle covered laws with respect to which amounts are
Sec. 9505. FRA accident and incident investiga- lamps.
tions. authorized to be appropriated from such ac-
DIVISION G—HIGHWAY TRUST FUND count for fiscal year 2021, an amount equal to
Sec. 9506. Freight train crew size safety stand-
ards. Sec. 11001. Extension of Highway Trust Fund the amount authorized for appropriation with
Sec. 9507. Border crossings. expenditure authority. respect to the program from such account for
Sec. 9508. Yardmasters hours of service. Sec. 11002. Additional transfers to Highway fiscal year 2021.
Sec. 9509. Leaking brakes. Trust Fund. (II) CONDITION FOR APPORTIONMENT.—No
Sec. 9510. Report on PTC system failures. SEC. 3. REFERENCES. funds authorized in this division or any other
Sec. 9511. Fatigue reduction management plans. Except as expressly provided otherwise, any Act may be used to adjust Mass Transit Account
Sec. 9512. Assault prevention and response reference to ‘‘this Act’’ contained in any divi- apportionments or withhold funds from Mass
plans. sion of this Act shall be treated as referring only Transit Account apportionments pursuant to
Sec. 9513. Critical incident stress plans. to the provisions of that division. section 9503(e)(4) of the Internal Revenue Code
Sec. 9514. Crewmember certification and quali- of 1986 in fiscal year 2022.
DIVISION A—FEDERAL SURFACE TRANS- (B) GENERAL FUND.—
fication. PORTATION PROGRAMS FOR FISCAL
Sec. 9515. Safety management team communica- (i) IN GENERAL.—Except as provided in clauses
YEAR 2022 (ii) and (iii), there is authorized to be appro-
tion.
SEC. 101. DEFINITIONS. priated for fiscal year 2022, for each program
Sec. 9516. GAO study on reorganization of Of-
fice of Railroad Safety. In this division, the following definitions under covered laws with respect to which
Sec. 9517. Open-top rail car public input. apply: amounts are authorized to be appropriated for
Sec. 9518. New passenger service pre-revenue (1) HIGHWAY ACCOUNT.—The term ‘‘Highway fiscal year 2021 from an account other than the
safety validation plan. Account’’ means the portion of the Highway Highway Account or the Mass Transit Account,
Sec. 9519. Safety oversight of nontraditional Trust Fund that is not the Mass Transit Ac- an amount not less than the amount authorized
and emerging rail technologies. count. for appropriation with respect to the program
(2) MASS TRANSIT ACCOUNT.—The term ‘‘Mass under the covered laws for fiscal year 2021.
Sec. 9520. FRA safety inspector and specialist
Transit Account’’ means the portion of the (ii) ADMINISTRATIVE EXPENSES.—Notwith-
review.
Highway Trust Fund established under section standing any other provision of this division,
Subtitle B—Grade Crossing Safety 9503(e)(1) of the Internal Revenue Code of 1986. there is authorized to be appropriated from the
Sec. 9551. Highway-rail grade crossing separa- (3) MEMBER DESIGNATED PROJECT.—The term general fund of the Treasury for fiscal year 2022
tion grants. ‘‘member designated project’’ means a project $131,500,000 for necessary administrative ex-
Sec. 9552. Rail safety public awareness grant. listed in the table in section 107. penses of the Federal Transit Administration.
Sec. 9553. Establishment of 10-minute time limit (4) MEMBER DESIGNATED PROJECT FUNDS.—The (iii) CAPITAL INVESTMENT GRANTS.—Notwith-
for blocking public highway-rail term ‘‘member designated project funds’’ means standing any other provision of this division,
grade crossings. funds reserved under subsections (d)(1)(B)(i), there is authorized to be appropriated from the
Sec. 9554. National blocked crossing database. (f)(1)(A), and (g)(1)(A) to carry out member des- general fund of the Treasury for fiscal year 2022
Sec. 9555. Railroad point of contact for blocked ignated projects listed in the table in section $3,250,000,000 to carry out section 5309 of title 49,
crossing matters. 107(c). United States Code.
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Sec. 9556. National highway-rail crossing in- (5) SECRETARY.—The term ‘‘Secretary’’ means (3) USE OF FUNDS.—Except as otherwise pro-
ventory review. the Secretary of Transportation. vided in this division, amounts authorized to be
Sec. 9557. Railroad trespassing enforcement (6) STATE.—The term ‘‘State’’ means the 50 appropriated for fiscal year 2022 with respect to
grants. States and the District of Columbia. a program under paragraph (2) shall be distrib-
Sec. 9558. Railroad trespassing suicide preven- (7) TERRITORY.—The term ‘‘territory’’ means uted, administered, limited, and made available
tion grants. any of the following territories of the United for obligation in the same manner as amounts
Sec. 9559. Including railroad suicides. States: authorized to be appropriated with respect to
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H3342 CONGRESSIONAL RECORD — HOUSE June 30, 2021
the program for fiscal year 2021 under the cov- be appropriated from the Highway Account for (f) PUERTO RICO FUNDS.—
ered laws. fiscal year 2022, for activities under this section, (1) DISTRIBUTION.—Of the amount distributed
(4) OBLIGATION LIMITATION.— $14,742,808,640. to Puerto Rico under subsection (c)(3)—
(A) IN GENERAL.—Except as provided in sub- (2) CONTRACT AUTHORITY.—Amounts author- (A) the amount specified in section 107 for
paragraph (B), a program for which amounts ized to be appropriated under paragraph (1) each member designated project in Puerto Rico
are authorized to be appropriated under para- shall be available for obligation as if appor- shall be reserved to carry out such project; and
graph (2)(A) shall be subject to a limitation on tioned under chapter 1 of title 23, United States (B) any remaining amount shall be available
obligations for fiscal year 2022 in the same Code. to Puerto Rico under paragraph (2).
amount and in the same manner as the limita- (b) OBLIGATION AUTHORITY.— (2) TREATMENT.—Funds made available under
tion applicable with respect to the program for (1) IN GENERAL.— paragraph (1)(B) shall be—
fiscal year 2021 under the title I of the Trans- (A) AMOUNT.—Notwithstanding any other (A) administered as if allocated under section
portation, Housing and Urban Development, provision of law, for fiscal year 2022, obligations 165(b) of title 23, United States Code;
and Related Agencies Appropriations Act, 2021 for activities authorized under subsection (a) (B) available for activities described under
(Public Law 116–260). shall not exceed $14,742,808,640. paragraph (2)(C)(iii) of such section; and
(B) FEDERAL-AID HIGHWAY AND HIGHWAY SAFE- (B) PERIOD OF AVAILABILITY.— (C) not subsection to subparagraph (A) or (B)
TY CONSTRUCTION PROGRAMS.— (i) IN GENERAL.—Except as provided in clause of paragraph (2) of such section.
(i) IN GENERAL.—Notwithstanding any other (ii), obligation authority made available under (g) TERRITORIAL FUNDS.—
provision of this section, section 1102 of the this paragraph shall— (1) DISTRIBUTION.—Of the amount distributed
FAST Act (Public Law 114–94), section 1101 of (I) remain available until September 30, 2025; to a territory under subsection (c)(4)—
title I of division B of the Continuing Appro- and (A) the amount specified in section 107 for
priations Act, 2021 and Other Extensions Act (II) be in addition to the amount of any limi- each member designated project in the territory
(Public Law 116–159), or title I of the Transpor- tation imposed on obligations for Federal-aid shall be reserved to carry out such project;
tation, Housing and Urban Development, and highway and highway safety construction pro- (B) of amounts remaining after the distribu-
Related Agencies Appropriations Act, 2021 (Pub- grams for fiscal year 2022 under section 102 or tion under subparagraph (A), not more than
lic Law 116–260), for fiscal year 2022, the obliga- future fiscal years under any other provision of $1,392,918 shall be made available to American
tions for Federal-aid highway and highway law. Samoa; and
safety construction programs shall not exceed (ii) EXCEPTION.—Except as provided in sub- (C) any remaining amount shall be available
$46,400,294,311. section (i)(2)(E), obligation authority associated to the territories as described under paragraph
(ii) LIMITATION ON FEDERAL HIGHWAY ADMIN- with a member designated project shall remain (2).
ISTRATION ADMINISTRATIVE EXPENSES.—Notwith- available until expended. (2) TREATMENT.—Funds made available under
standing any other provision of this section, of (2) DISTRIBUTION OF OBLIGATION AUTHOR- subparagraphs (B) and (C) of paragraph (1)
the amount described in clause (i), for fiscal ITY.— shall be administered as if allocated under, and
year 2022 an amount not to exceed $492,000,000 (A) IN GENERAL.—Of the obligation authority available for activities described under, section
together with advances and reimbursements re- provided under paragraph (1), the Secretary 165(c) of title 23, United States Code.
ceived by the Federal Highway Administration, shall make available to States, Tribes, Puerto (h) FEDERAL LAND MANAGEMENT AGENCY
shall be obligated for necessary expenses for ad- Rico, the territories, and Federal land manage- FUNDS.—
ministration and operation of the Federal High- ment agencies, during the period of fiscal year (1) DISTRIBUTION.—Amounts distributed under
way Administration or transferred to the Appa- 2022, amounts of obligation authority equal to subsection (c)(5) shall be distributed among the
lachian Regional Commission for administrative the amounts described in paragraphs (1) Federal land management agencies as follows:
through (5) of subsection (c), respectively. (A) $99,494,147 for the National Park Service.
activities associated with the Appalachian De-
(B) FURTHER DISTRIBUTION.—Each State, each (B) $9,949,415 for the United States Fish and
velopment Highway System.
(b) NATIONALLY SIGNIFICANT FREIGHT AND Tribe, Puerto Rico, each territory, and each Wildlife Service.
Federal land management agency receiving (C) $6,301,296 for the United States Forest
HIGHWAY PROJECTS.—Section 117(d)(2)(A) of
funds under paragraphs (1) through (5) of sub- Service.
title 23, United States Code, is amended in the
section (c), respectively, shall receive an amount (D) $8,622,826 to be allocated to the remaining
matter preceding clause (i)—
of obligation authority equal to the funds re- Federal land management agencies described in
(1) by striking ‘‘$600,000,000’’ and inserting
ceived under any of such paragraphs. section 203(b) of title 23, United States Code.
‘‘$700,000,000’’; and
(2) by striking ‘‘2021’’ and inserting ‘‘2022’’. (c) DISTRIBUTION OF FUNDS.—Amounts au- (2) TREATMENT.—Funds made available under
(c) DISADVANTAGED BUSINESS ENTERPRISES.— thorized to be appropriated for fiscal year 2022 paragraph (1) shall be—
Section 1101(b) of the FAST Act (Public Law under subsection (a) shall be distributed as fol- (A) available for activities eligible under the
114–94) (except for the requirements related to lows: Federal lands transportation program under
gross receipts under paragraph (2)(A)(ii) of such (1) $14,343,545,973 to the States. section 203 of title 23, United States Code; and
(2) $167,481,814 to Tribes. (B) administered as if allocated under section
section) shall apply to amounts made available
(3) $52,400,251 to Puerto Rico. 203 of title 23, United States Code.
under sections 102, 103, 104 of this division.
(d) DEFINITIONS.—In this section, the term (4) $55,012,918 to the territories. (i) MEMBER DESIGNATED PROJECTS.—
(5) $124,367,684 to Federal land management (1) TREATMENT.—
‘‘covered laws’’ means the following:
agencies. (A) IN GENERAL.—Member designated project
(1) Section 1101 of title I of division B of the
(d) SUPPLEMENTAL STATE FUNDS.— funds shall be available until expended, except
Continuing Appropriations Act, 2021 and Other
(1) DISTRIBUTION.— as specified in paragraph (2)(C)(iv).
Extensions Act (Public Law 116–159).
(2) Titles I, III, IV, V, and VI of division A of (A) AMONG STATES.—Amounts distributed to (B) REQUIREMENTS.—
States under subsection (c)(1) shall be distrib- (i) IN GENERAL.—Except as specified in para-
the FAST Act (Public Law 114–94).
(3) Division A, division B, subtitle A of title I uted among the States in the same ratio as total graph (2)(C)(iv) or clauses (ii) or (iii), member
and title II of division C, and division E of State apportionments under section 104(c)(1) of designated project funds shall be administered
MAP–21 (Public Law 112–141). title 23, United States Code, in fiscal year 2022. as if apportioned—
(4) Titles I, II, and III of the SAFETEA–LU (B) WITHIN A STATE.—Of the amount distrib- (I) for a project eligible under chapter 1 of
Technical Corrections Act of 2008 (Public Law uted to a State under subparagraph (A)— title 23, United States Code, under such chapter;
110–244). (i) the amount specified in section 107 for each (II) for a project eligible under chapter 2 of
(5) Titles I, II, III, IV, V, and VI of member designated project in the State shall be title 23, United States Code, under such chapter;
SAFETEA–LU (Public Law 109–59). reserved to carry out such project; and or
(6) Titles I, II, III, IV, and V of the Transpor- (ii) any remaining amount shall be available (III) for a project eligible under chapter 53 of
tation Equity Act for the 21st Century (Public to the State under paragraph (2). title 49, United States Code, under such chapter.
Law 105–178). (2) TREATMENT.—Funds made available under (ii) FEDERAL SHARE.—Notwithstanding any
(7) Titles II, III, and IV of the National High- paragraph (1)(B)(ii) shall be— other provision of law, the Federal share of the
way System Designation Act of 1995 (Public (A) available for activities eligible under sec- cost of a project assisted with member des-
Law 104–59). tion 133(b) of title 23, United States Code, sub- ignated project funds shall be determined in ac-
(8) Title I, part A of title II, title III, title IV, ject to subsection (c) of such section; and cordance with section 120 of title 23, United
title V, and title VI of the Intermodal Surface (B) administered as if apportioned under States Code, or, in the case of a transit capital
Transportation Efficiency Act of 1991 (Public chapter 1 of title 23, United States Code. project, may be determined in accordance with
Law 102–240). (e) TRIBAL FUNDS.—Amounts distributed to section 5323(i)(1) of title 49, United States Code,
(9) Title 23, United States Code. Tribes under subsection (c)(2) shall be— if applicable.
(10) Sections 116, 117, 330, and 5505 and chap- (1) available for activities eligible under the (iii) TRANSIT PROJECTS.—
ters 53, 139, 303, 311, 313, 701, and 702 of title 49, tribal transportation program under section 202 (I) TRANSFERS.—Member designated project
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United States Code. of title 23, United States Code; and funds made available for transit capital and
SEC. 103. ADDITIONAL AMOUNTS FOR THE FED- (2) administered as if allocated under section planning projects may be transferred to, and ad-
ERAL-AID HIGHWAY PROGRAM AND 202 of title 23, United States Code, except that ministered by, the Secretary in accordance with
MEMBER DESIGNATED PROJECTS. the set-aside described in subparagraph (C) of section 104(f) of title 23, United States Code.
(a) AUTHORIZATION OF APPROPRIATIONS.— section 202(b)(3) of such title and subsections (II) DESIGNATED RECIPIENTS.—Member des-
(1) IN GENERAL.—In addition to amounts au- (a)(6), (c), (d), and (e) of section 202 of such title ignated project authorizations specified in sec-
thorized under section 102, there is authorized to shall not apply to such funds. tion 107 distributed to a State for transit capital
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3343
and planning projects shall be made available (iii) for funds specified in section 107 to be through 1 or more notices of funding oppor-
for obligation to a designated or direct recipient used within Puerto Rico, applied to an activity tunity.
or subrecipient under chapter 53 of title 49, within Puerto Rico; and (8) AUTHORIZATION OF APPROPRIATIONS.—
United States Code, as specified in section 107 (iv) for funds specified in section 107 to be There is authorized to be appropriated from the
or, if no such eligible recipient is identified, to used within a territory, applied to an activity Mass Transit Account $1,000,000,000 for fiscal
the designated recipient in the location specified within such territory. year 2022 to provide grants under this sub-
in such section. (E) OBLIGATION AUTHORITY.—Notwith- section.
(2) REPURPOSING OF FUNDS.— standing subsection (b)(1)(B)(ii), obligation au- (9) AVAILABILITY OF AMOUNTS.—Amounts
(A) IN GENERAL.— thority that is repurposed under this paragraph made available under this subsection—
(i) REQUEST.—Beginning on October 1, 2025, shall remain available for obligation for a period (A) shall remain available for 4 fiscal years
except as described in clause (ii), if less than 10 of 3 fiscal years after the last day of the fiscal after the fiscal year for which the amount is
percent of the amount reserved for a member year in which the Secretary approves the re- made available; and
designated project for a State, Puerto Rico, or quest or verifies the completed project under (B) that remain unobligated at the end of the
territory has been obligated, the State, Puerto subparagraph (A). period described in subparagraph (A) shall be
Rico, or a territory, respectively, may submit to SEC. 104. FEDERAL TRANSIT ADMINISTRATION. made available to other eligible projects.
the Secretary, a request to use, under subpara- (10) DEFINITIONS.—In this section:
(a) ALL STATIONS ACCESSIBILITY PROGRAM.— (A) COVERED STATION.—The term ‘‘covered
graph (B)—
(I) the unobligated amount reserved for the (1) IN GENERAL.—The Secretary may make station’’ means a rail fixed guideway public
member designated project; and grants under this subsection to assist eligible en- transportation station for passenger use con-
(II) the obligation authority that is associated tities in financing capital projects to upgrade structed prior to the date of enactment of this
with such amount. accessibility for persons with disabilities by in- Act.
(ii) COMPLETED PROJECTS.—If the project has creasing the number of covered stations that (B) COVERED SYSTEM.—The term ‘‘covered sys-
been completed and an unobligated amount re- meet (including exceeding) the new construction tem’’ means a rail fixed guideway public trans-
mains reserved for a member designated project, standards of title II of the Americans with Dis- portation system that was in operation before
a State, Puerto Rico, or territory may submit to abilities Act of 1990 (42 U.S.C. 12131 et seq.). July 26, 1990.
the Secretary certification that such project has (2) ELIGIBLE COSTS.—A grant awarded under (C) DISABILITY.—The term ‘‘disability’’ has
been completed (and the Secretary shall verify this section shall be used on a covered system the meaning given such term in section 3 of the
such completion). Upon verification, the State, for the purpose described in paragraph (1) Americans with Disabilities Act of 1990 (42
Puerto Rico, or territory, respectively, may use, only— U.S.C. 12102).
under subparagraph (B)— (A) for a project to repair, improve, or relocate (D) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
(I) the unobligated amount reserved for the station infrastructure at a covered station; ty’’ means a State or local governmental author-
member designated project; and (B) to develop or modify a plan for pursuing ity that operates a rail fixed guideway public
(II) the obligation authority that is associated public transportation accessibility projects; or transportation system that was in operation be-
with such amount. (C) to carry out other projects at covered sta- fore July 26, 1990.
(B) CONSIDERATIONS.—In making the deter- tions that meet (including exceeding) the new (b) REDUCING TRANSIT DESERTS.—
mination under subparagraph (A)(i), the Sec- construction standards of title II of the Ameri- (1) IN GENERAL.—The Secretary may make
retary shall— cans with Disabilities Act of 1990 (42 U.S.C. grants under this subsection to eligible recipi-
(i) consider whether the member designated 12131 et seq.). ents for eligible projects to establish new bus
project can be completed with the amount re- (3) ELIGIBLE FACILITIES.—The Secretary— service or increase the frequency of bus service.
served for the member designated project and (A) may not provide a grant awarded under (2) ELIGIBLE PROJECTS.—Eligible projects
other committed funds; this subsection to upgrade a station that is ac- under this subsection are projects in eligible
(ii) determine whether the public entity serv- cessible to and usable by individuals with dis- areas—
ing as the project sponsor listed in the Com- abilities, including individuals who use wheel- (A) to establish or enhance bus service with
mittee Report, or any subsequent report chairs, consistent with current new construction headways equal to or shorter than 20 minutes
superceding such Committee Report, accom- standards under title II the Americans with Dis- for at least 18 hours per day in neighborhoods
panying this Act supports the proposed abilities Act of 1990 (42 U.S.C. 1231 et seq.); and lacking such service;
repurposing; and (B) may provide a grant to upgrade a station (B) to establish or increase express lane tran-
(iii) ensure that the proposed repurposing that is not accessible and usable as described in sit service that connects communities to jobs and
would be used for a project with the same eligi- paragraph (1), even if related services, pro- essential destinations, as long as such service
ble project type. grams, or activities, when viewed in entirety, will improve mobility or expand affordable
(C) TREATMENT.—Funds for which the Sec- are readily accessible and usable as so de- transportation options in underserved commu-
retary approves a request or verifies a completed scribed. nities; or
project under subparagraph (A)— (4) APPLICATION.—To apply for a grant under (C) to establish or enhance high-quality bus
(i) may be used and shall be treated— this subsection, an applicant shall provide to service to community colleges and Minority
(I) for a request by a State, as if such amount the Secretary such information as the Secretary Serving Institutions, including Historically
was made available under subsection may require, including, at a minimum, informa- Black Colleges and Universities.
(d)(1)(B)(ii); tion on— (3) ELIGIBLE COSTS.—Eligible costs under this
(II) for a request by Puerto Rico, as if such section include—
(A) the extent to which the proposed project
amount was made available under subsection (A) acquisition of vehicles;
will increase the accessibility of a covered sys-
(f)(1)(B); and (B) acquisition, installation, and construction
tem;
(III) for a request by a territory, as if such of bus stops, stations, and related infrastruc-
(B) projected improvements in access to jobs,
amount was made available under subsection ture;
community activities, and essential destinations
(g)(1)(C); (C) construction or expansion of maintenance
(ii) shall be used within the location described provided by such project;
facilities to support the new or enhanced serv-
in subparagraph (D)(ii); (C) the applicant’s plans to—
ice;
(iii) shall be subject to the Federal share spec- (i) enhance the customer experience and maxi-
(D) maintenance activities to support the ex-
ified in section 120 of title 23, United States mize accessibility of rolling stock and stations
panded service; and
Code, or, in the case of a transit capital project, for individuals with disabilities; (E) operating expenses for up to 2 years begin-
may be determined in accordance with section (ii) improve the operations of, provide effi- ning on the first day of revenue service.
5323(i)(1) of title 49, United States Code, as ap- ciencies of service to, and enhance the public (4) APPLICATION.—To apply for a grant under
plicable; and transportation system for individuals with dis- this subsection, an applicant shall provide to
(iv) notwithstanding paragraph (1)(A)(ii), abilities; and the Secretary such information as the Secretary
shall remain available for obligation for a period (iii) address equity of service to all riders re- may require, including information on the ex-
of 3 fiscal years after the last day of the fiscal gardless of ability, including for riders of dif- tent to which the project will—
year in which the Secretary approves the re- fering abilities that are low-income, seniors, or (A) provide reliable and frequent connections
quest. riders from communities of color; and to jobs, education and workforce training, and
(D) LOCATION OF PROJECTS.—Funds for which (D) coordination between the applicant and essential destinations;
the Secretary approves a request under subpara- disability advocacy entities. (B) reduce air pollution and greenhouse gas
graph (A) shall— (5) FEDERAL SHARE.—The Federal share of the emissions; and
(i) for funds specified in section 107 to be used net project cost of a grant provided under this (C) support unserved and underserved popu-
within a metropolitan planning area (as such subsection shall be 90 percent. The recipient lations and communities.
term is defined in section 134(b) of title 23, may provide additional local matching amounts. (5) FEDERAL SHARE.—
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United States Code), applied to an activity with- (6) GRANT REQUIREMENTS.—Except as other- (A) IN GENERAL.—The Federal share of the net
in or predominantly serving such metropolitan wise provided under this subsection, a grant project cost of a capital project carried out using
area; provided under this subsection shall be subject a grant under this subsection shall be 80 per-
(ii) for funds specified in section 107 to be to the requirements of section 5307 of title 49, cent. The recipient may provide additional local
used within a political subdivision of a State, United States Code. matching amounts.
applied to an activity within or predominantly (7) GRANT SOLICITATION.—The Secretary may (B) OPERATING COSTS.—The Federal share of
serving such political subdivision; provide funds authorized under this subsection net operating costs for a project carried out
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H3344 CONGRESSIONAL RECORD — HOUSE June 30, 2021
using a grant under this subsection shall be not (A) a project sponsor made a local financial (2) DISTRIBUTION OF FUNDS.—Amounts au-
more than 50 percent. commitment that exceeded 20 percent of the cost thorized to be appropriated for fiscal year 2022
(6) GRANT REQUIREMENTS.— of the project; and under paragraph (1) shall be distributed as fol-
(A) IN GENERAL.—A grant under this sub- (B) a project sponsor has experienced, as a re- lows:
section shall be subject to the requirements of sult of the coronavirus public health emergency. (A) Subject to section 31104(c) of title 49,
section 5307 of title 49, United States Code, for (3) ADJUSTMENT.—Notwithstanding any other United States Code—
eligible recipients, except operating expenses provision of law, if a project meets 1 or both of (i) $80,512,000 for carrying out section 31102
shall be eligible for funding under this sub- the criteria in paragraph (2), the Secretary shall (except subsection (l)) of title 49, United States
section for 2 years beginning on the first day of increase the Federal share of a project under Code);
revenue service in urbanized areas with popu- this section by up to 30 percent, up to a max- (ii) $14,208,000 for carrying out section 31102(l)
lations greater than 200,000. imum of an 80 percent Federal share. of title 49, United States Code; and
(B) NEW OR ENHANCED SERVICE.—The new or (4) AMOUNT.—Amounts distributed under this
(iii) $23,680,000 for carrying out section 31313
enhanced service funded under this subsection subsection shall be provided notwithstanding
of title 49, United States Code.
shall be operated for a period of at least 5 years. the limitation of any calculation of the max-
(B) $91,500,000 for carrying out section 31110
(7) GRANT SOLICITATION.—The Secretary may imum amount of Federal financial assistance for
of title 49, United States Code.
provide funds authorized under this subsection the project for a new fixed guideway, a core ca-
through 1 or more notices of funding oppor- pacity improvement, or a small start project. (3) TREATMENT OF FUNDS.—Amounts made
tunity. available under this section shall be made avail-
SEC. 105. NATIONAL HIGHWAY TRAFFIC SAFETY
(8) JUSTICE40 INITIATIVE.—In making competi- ADMINISTRATION. able for obligation and administered as if made
tive grants under this subsection, the Secretary (a) SPECIAL FUNDING FOR FISCAL YEAR 2022.— available under chapter 311 of title 49, United
shall, to the extent practicable, have a goal that (1) IN GENERAL.— States Code.
40 percent of the overall benefits of the Federal (A) AUTHORIZATION OF APPROPRIATIONS.—In (b) ADMINISTRATIVE EXPENSES.—The Adminis-
investment flow to disadvantaged communities, addition to amounts authorized under section trator of the Federal Motor Carrier Safety Ad-
consistent with sections 219 and 223 of Executive 102, there is authorized to be appropriated from ministration shall ensure that funds made avail-
Order 14008 and related regulations, Executive the Highway Account for fiscal year 2022, for able under subsection (a)(2)(B) are used, to the
Orders, and administrative guidance. activities under this subsection, $244,514,000. maximum extent practicable, to support—
(9) AVAILABILITY OF AMOUNTS.—Any amounts (B) CONTRACT AUTHORITY.—Amounts author- (1) the acceleration of planned investments to
made available under this subsection— ized under subparagraph (A) shall be available modernize the Administration’s information
(A) shall remain available for 2 fiscal years for obligation in the same manner as if such technology and information management sys-
after the fiscal year for which the amount is funds were apportioned under chapter 1 of title tems;
made available; and 23, United States Code. (2) the completion of outstanding statutory
(B) that remain unobligated at the end of the (C) OBLIGATION LIMITATION.—Notwith- mandates required by MAP–21 (112–141) and the
period described in subparagraph (A) shall be standing any other provision of law, for fiscal FAST Act (114–94); and
made available to other eligible projects. year 2022, obligations for activities authorized (3) a Large Truck Crash Causal Factors Study
(10) AUTHORIZATION OF APPROPRIATIONS.— under this paragraph and obligations for activi- of the Administration.
There is authorized to be appropriated out of ties authorized under section SEC. 107. MEMBER DESIGNATED PROJECT AU-
the Mass Transit Account $1,000,000,000 for fis- 102(a)(2)(A)(i)(II)(bb) that exceed amounts au- THORIZATIONS.
cal year 2022 to provide grants under this sub- thorized under section 4001(a)(6) of the FAST (a) MEMBER DESIGNATED PROJECTS.—The
section. Act (Public Law 114–94) shall not exceed amount listed for each member designated
(11) DEFINITIONS.—In this subsection: $247,783,000. project in the table in subsection (c) shall be
(A) ELIGIBLE AREA.—The term ‘‘eligible area’’ (2) DISTRIBUTION OF FUNDS.—Amounts au- available (from amounts made available by
means a neighborhood or service area, as de- thorized to be appropriated for fiscal year 2022 paragraphs (1), (3), and (4) of section 103(c)) for
fined by the Secretary, within an urbanized under paragraph (1) shall be distributed as fol- fiscal year 2022 to carry out each such project.
area that has a population of more than 100,000 lows: (b) SAVINGS CLAUSE.—
where fewer than 45,000 annual fixed route bus (A) $105,000,000 for carrying out section 402 of
(1) ADDITIONAL INFORMATION.—In admin-
vehicle revenue miles per square mile are oper- title 23, United States Code.
istering member designated projects, the Sec-
ated. (B) $15,312,000 for carrying out section 403 of
retary shall consider the additional information
(B) ELIGIBLE RECIPIENT.—The term ‘‘eligible title 23, United States Code.
provided in the Committee Report, or any subse-
recipient’’ means— (C) $19,202,000 for carrying out section 404 of
(i) designated recipients that allocate funds to quent report superceding such Committee Re-
title 23, United States Code.
fixed route bus operators or express lane transit (D) $105,000,000 for carrying out section 405 of port, accompanying this Act.
operators; or title 23, United States Code. (2) SUBSEQUENT PHASES.—
(ii) State or local governmental entities that (b) COOPERATIVE RESEARCH AND EVALUA- (A) IN GENERAL.—Subject to subparagraph
operate or propose to operate fixed route bus TION.—Notwithstanding the apportionment for- (B), nothing in the table in subsection (c), or in
service or express lane transit. mula set forth in section 402(c)(2) of title 23, the Committee Report, or any subsequent report
(C) EXPRESS LANE TRANSIT.—The term ‘‘ex- United States Code, and section 403(f)(1) of title superceding such Committee Report, accom-
press lane transit’’ means an integrated com- 23, United States Code, $2,500,000 of the total panying this Act, shall prevent the Secretary, at
bination of bus rapid transit and tolled man- amount available for apportionment to the the discretion of the Secretary, from allowing a
aged lanes that allows for limited access entry States for highway safety programs under sec- subsequent phase of a member designated
of toll paying vehicles to restricted lanes, while tion 402(c)(2) of title 23, United States Code, fis- project to be carried out with funds reserved for
prioritizing transit’s need and use of available cal year 2022, shall be available for expenditure such project under subsection (c).
capacity in order to improve transit perform- by the Secretary, acting through the Adminis- (B) PROJECT SPONSOR CONCURRENCE.—The
ance. trator of the National Highway Traffic Safety Secretary shall only allow under this paragraph
(c) FEDERAL SHARE ADJUSTMENTS.— Administration, for a cooperative research and a subsequent phase of a member designated
(1) IN GENERAL.—In addition to amounts made evaluation program to research and evaluate project to be carried out with funds reserved for
available under section 5338(b) of title 49, priority highway safety countermeasures. such project under subsection (c) with the con-
United States Code, and section 102(a)(2)(B)(iii) SEC. 106. FEDERAL MOTOR CARRIER SAFETY AD- currence of the project sponsor for such project
of this division, there are authorized to be ap- MINISTRATION. listed in the Committee Report, or any subse-
propriated for fiscal year 2022 such sums as may (a) SPECIAL FUNDING FOR FISCAL YEAR 2022.— quent report superseding such Committee Re-
be necessary to increase the Federal share, at (1) AUTHORIZATION OF APPROPRIATIONS.— port, accompanying this Act.
the request of the project sponsor, of a new fixed (A) IN GENERAL.—In addition to amounts au- (3) REPURPOSING.—Nothing in the table in
guideway, a core capacity improvement, or a thorized under section 102, there is authorized to subsection (c), or the Committee Report, or any
small starts project that is not open to revenue be appropriated from the Highway Account for subsequent report superceding such Committee
service and that has received an allocation of fiscal year 2022, for activities under this sub- Report, accompanying this Act, shall prevent
funding in fiscal years 2019, 2020, or 2021. section, $209,900,000. funds reserved for a member designated project
(2) CRITERIA.—In making allocations under (B) OBLIGATION LIMITATION.—Notwith- from being repurposed as described in section
subparagraph (1), the Secretary shall take into standing any other provision of law, for fiscal 103(i)(2), provided that all requirements in such
consideration the extent to which the project year 2022, obligations for activities authorized section are satisfied.
sponsor demonstrates a need for a higher Fed- under this paragraph shall not exceed (c) PROJECT DESIGNATIONS.—The table in this
eral share, including the extent to which— $209,900,000. subsection is as follows:
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No. Project Name City State/Territory Amount
1 Cowles Street Reconstruction Fairbanks AK 7,955,000
2 Replace Bridge 114.3 Anchorage AK 6,421,200
3 Seldon Road Extension, Phase 2 Wasilla AK 5,623,800
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3345
No. Project Name City State/Territory Amount
4 Alabama State Highway 77 Northbound Bridge Replace- Southside AL 2,396,200
ment Project
5 Lighting and Landscaping on I–85 at Exit 57 Auburn AL 1,840,000
6 Realignment of SR–22 to US–431 Roanoke AL 8,005,000
7 Red Bay Interchange Lighting at SR–24 (Corr V) and Red Bay AL 860,000
SR–19
8 Widening of Hwy 411 Moody AL 509,000
9 Bridge Replacement on CR–39 Montgomery AL 2,339,717
10 Bridge Replacement over Sipsey River Greene and Pickens Counties AL 3,296,963
11 Dallas County—Bridge Replacement on SR–14 Dallas County AL 6,239,939
12 Resurfacing on US–43 Marengo County AL 1,616,000
13 Resurfacing on US–84 Choctaw County AL 1,616,000
14 Streetscape—Civil Rights District Freedom Trail Birmingham AL 2,000,000
15 Streetscape—Richard Arrington Blvd Safety Improve- Birmingham AL 1,969,664
ments
16 Future I–57 Clay County AR 20,000,000
17 56th Street Roadway Mobility and Safety Improvements Phoenix AZ 5,000,000
18 5th/6th Street Complete Streets Project Tucson AZ 7,000,000
3,500,000
3,500,000
19 77th Street Access Improvements Scottsdale AZ 1,102,748
20 Chino Road Extension Phase II Douglas AZ 2,910,000
21 Cool Pavement Program Phoenix AZ 3,200,000
22 Davis Road Mileposts 5 & 13 Tombstone and McNeal AZ 4,000,000
23 Downtown Electric Vehicle Charging Stations Phoenix AZ 2,400,000
24 Drexel Road Extension and Bridge Project Tucson AZ 5,000,000
25 Electric Bus Infrastructure Flagstaff AZ 1,485,000
26 Flashing Yellow Arrow (FYA) Phase III Glendale AZ 800,000
27 Grand Canalscape Improvements Phase IV: 47th Avenue Phoenix AZ 5,000,000
to Interstate 17
28 Highline Canal Recreational Path Lighting Replacement Guadalupe AZ 501,824
29 I–10, Loop 202 to SR 387 Phoenix AZ 5,000,000
30 Intersection Safety Improvements at Six High-Crash Lo- Phoenix AZ 5,760,000
cations in Phoenix
31 Kyrene Branch Canal Shared Use Path Chandler AZ 1,758,000
32 Lone Tree Corridor Flagstaff AZ 8,000,000
33 Pathway Project, Baffert Dr to Nogales High School Nogales AZ 1,220,169
34 Peters Road Widening Casa Grande AZ 5,000,000
35 San Xavier Road Pedestrian Pathway Project Tucson AZ 814,000
36 Sonoran Corridor Tier II EIS Tucson AZ 5,000,000
37 South Campbell Avenue Complete Streets Project Tucson AZ 6,209,831
38 Tempe/Mesa Streetcar Rio Salado East Extension Tempe and Mesa AZ 4,000,000
39 Tucson Regional North-South Bus Rapid Transit (BRT) Tucson AZ 6,512,000
Corridor
3,256,000
3,256,000
40 US89/ Lake Powell Blvd Roundabout Page AZ 5,000,000
2,500,000
2,500,000
41 California State Route 57/60 Confluence Chokepoint Re- Diamond Bar CA 18,000,000
lief Program
42 Cohasset Road Widening and Fire Safety Project Cohasset CA 900,000
43 Commerce Center Drive Bridge, Los Angeles County Unincorporated Los Angeles CA 3,666,666
County
44 Creating the Next-Generation Santa Ana Regional Santa Ana CA 1,280,000
Transportation Center
45 First Avenue Bridges Replacement over Mojave River Barstow CA 7,000,000
and Overflows
46 First Street Pedestrian Improvements Santa Ana CA 4,000,000
47 Fix 5 Cascade Gateway Redding CA 15,000,000
48 Harbor Boulevard Street Improvements Garden Grove CA 6,248,303
49 Intersection Safety Improvements Projects Anaheim CA 750,000
50 Interstate 10/Wildwood Canyon Road Interchange Yucaipa CA 1,000,000
Project
51 Interstate 15 (I–15)/State Route 78 (SR–78) Managed Escondido CA 20,000,000
Lanes Project
52 Interstate 15 Corridor Operations Project Corona CA 3,000,000
53 National Trail Highway Widening Victorville CA 5,000,000
54 Plant 42 Access and Safety Enhancements Palmdale CA 8,666,666
55 Quick Fix Circulation Improvement Project Santa Clarita CA 3,666,666
56 Roe Road Extension Project—Phase 1 Paradise CA 1,800,000
57 Scott Road/Bundy Canyon Road Widening Project Menifee CA 12,000,000
58 Sequoia Avenue Railroad Grade Crossing Upgrade Simi Valley CA 4,000,000
59 Southgate Interchange (EIR Only) Chico CA 1,800,000
60 SR–210 5th Street Interchange Highland CA 3,000,000
61 State Route 41 Excelsior Corridor Project Fresno County CA 20,000,000
62 Temescal Canyon Road Widening Project (El Cerrito Corona CA 5,000,000
Segment)
63 The Anaheim Way: Night Owl Transit Service Anaheim CA 650,000
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64 Transit Security & Operations Center Anaheim CA 5,000,000
65 US395 Olancha-Cartago 4 Lane Project Olancha, Cartago CA 2,000,000
66 ‘‘I’’ Street Operating Maintenance Facility Rehabilita- San Bernardino CA 2,000,000
tion Project
67 Street Resurfacing Project Daly City CA 1,000,000
68 5 and 134 Freeway Electric Vehicle DC Fast Charging Burbank CA 1,000,000
Network
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H3346 CONGRESSIONAL RECORD — HOUSE June 30, 2021
No. Project Name City State/Territory Amount
500,000
500,000
69 7th Street Bridge Modesto CA 6,500,000
70 ADA Curb-Ramp and Sidewalk Improvements Long Beach CA 1,450,000
71 Additional Mini Highs at Caltrain Stations San Francisco, Burlingame, CA 856,000
San Mateo, Belmont, Palo
Alto, Mountain View,
Sunnyvale, San Jose, Mor-
gan Hill, San Martin, and
Gilroy
306,000
550,000
72 Agnew Siding Track Infrastructure Project Santa Clara CA 6,610,000
73 Alder Avenue Improvements at SR–210 Rialto CA 2,380,000
74 Altadena Community Safe Routes to School Plan Altadena CA 480,000
75 Amar Road Complete Streets from Baldwin Park Boule- La Puente CA 2,250,000
vard to Unruh Avenue, Unincorporated West Puente
Valley, CA
76 Anaheim Street Corridor Improvements Long Beach CA 12,000,000
77 Antioch Bicycle Garden Antioch CA 2,000,000
78 Appian Way Pedestrian Crossing Enhancements El Sobrante CA 2,000,000
79 Arcade-Cripple Creek Trail (formerly Electric Greenway Citrus Heights and Orangevale CA 1,100,000
Trail)
80 Arrow Highway Median Island Installation Project from Azusa CA 3,000,000
Azusa Avenue to Citrus Avenue
81 Arrow Highway Rehabilitation Project from East City San Dimas CA 1,600,000
Limit to West City Limit
82 Artesia Great Boulevard Long Beach CA 8,000,000
83 At-grade Caltrain Crossing Safety Project—E. Bellevue San Mateo CA 3,000,000
Avenue and Villa Terrace
84 Atlantic Avenue Improvements Los Angeles CA 5,200,000
85 Atwater-Merced Expressway (AME) Phase 1B Right of Merced CA 2,000,000
Way acquisition
86 Azusa Avenue Pedestrian Handicap Accessibility & Sig- West Covina CA 3,000,000
nal Synchronization Improvements Project
87 Bay Bridge Forward – I–80/Powell Street Transit Access Emeryville and Oakland CA 3,000,000
and I–80 Westbound Bus Lane Extension
88 Bay Trail at Shoreline Park San Leandro CA 3,000,000
89 Bay Trail Connectivity—Vista Point Bay Trail Sausalito CA 1,300,000
90 Belmont Alameda de las Pulgas Corridor Project Belmont CA 2,400,000
91 Beverly and Robertson Boulevards Complete Street Im- West Hollywood CA 3,000,000
provements
92 Boulder Creek Complete Streets Improvements Project Boulder Creek CA 1,500,000
93 Broadway Rehabilitation Project Glendale CA 2,008,000
94 Build a non-motorized multi-use path along State Route Cayucos CA 4,000,000
1, connecting the communities of Morro Bay and
Cayucos in San Luis Obispo County
95 Bus/Rail Support Facilities and Equipment (Trolley San Diego CA 2,000,000
Yard Expansion Project)
96 Cabrillo Mole Phase II Avalon CA 6,700,000
97 Caltrain Crossing Optimization Project San Jose CA 315,000
98 Camino Pablo Pathway Rehabilitation Project Orinda CA 528,000
99 Capital SouthEast Connector—Segment D3 Class 1 Folsom CA 2,000,000
Multi-Use Path and Broadband
100 Central Avenue Safety Improvement Project – Additional Alameda CA 1,800,000
Roundabout
101 Central Mobility Hub Pre-Construction Project San Diego CA 25,000,000
12,500,000
12,500,000
102 Chandler Blvd Bike Path Gap Closure Los Angeles CA 400,000
103 Chapman Avenue/Lamplighter Street Traffic Signal Garden Grove CA 400,000
104 Chip Seal Program Lakeport CA 2,288,000
105 City of Ojai Electric Trolley Ojai CA 440,000
106 City of San Fernando Fixed Trolley Service – Electric City of San Fernando CA 1,340,000
Buses
107 City of San Fernando Sidewalk Repair Project City of San Fernando CA 844,800
108 City of Vista Sidewalk Improvement Project on Nevada Vista CA 820,368
Avenue and Lemon Avenue
109 Community Beautification Project Glendale CA 2,400,000
110 Cool Neighborhood Projects Los Angeles CA 1,000,000
111 Covina Grade Crossing Safety Projects throughout Covina CA 3,000,000
Metrolink Corridor
112 Cudahy Citywide Complete Streets Improvement Project Cudahy CA 1,700,000
113 CUFC—Washington Street Widening Project Stockton CA 1,200,000
114 Culver CityBus Fleet Electrification Facility Infrastruc- Culver City CA 3,500,000
ture
115 Del Amo Boulevard Bridge Replacement and Signal En- Cerritos CA 18,000,000
hancements Project
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116 Destination Crenshaw Streetscape Improvement Project Los Angeles CA 7,600,000
117 Downtown Mobility Phase 3A San Diego CA 5,600,000
118 Duarte—Donald & Bernice Watson Multi-Use Pathway Duarte CA 1,225,000
Improvement Project
119 East Bayshore Road Safety Improvements East Palo Alto CA 1,000,000
120 East Los Angeles Community Mobility Los Angeles CA 800,000
121 East Oakland Hydrogen Fueling Upgrade Oakland CA 2,000,000
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3347
No. Project Name City State/Territory Amount
122 East San Fernando Valley Traffic Signals on the High Van Nuys and North Holly- CA 1,797,312
Injury Network wood
123 East San Fernando Valley Transit Corridor (ESFVTC) Van Nuys, Arleta, Pacoima CA 1,236,000
Transit-Oriented Community (TOC) Plan
124 East San Fernando Valley Transit Corridor Project City of San Fernando to Van CA 10,000,000
Nuys
125 East San Jose Corridor Safety Improvement Project San Jose CA 4,700,000
126 El Camino Real to Via De LaValle San Diego CA 2,500,000
127 El Cerrito del Norte Area TOD Complete Streets Im- El Cerrito CA 2,244,000
provements Project
128 Electric Vehicle Car Share Program San Pedro CA 120,650
129 Elm Avenue Road Diet Reconstruction and Class IV- Fresno CA 3,750,000
Ventura/California to North Avenue
130 Embarcadero Station Platform Elevator Capacity and San Francisco CA 6,250,000
Redundancy Project
131 Emerald Necklace Quarry Clasp Peck Park Trail Arcadia CA 1,548,800
132 Evelyn Avenue Multi-Use Trail Sunnyvale CA 3,800,000
133 Flint Canyon Trail Repair/Restoration La Cañada Flintridge CA 4,800,000
134 Florence A Line FLM Improvements Los Angeles CA 4,000,000
135 Francisquito Avenue Metrolink At-Grade Safety Im- Baldwin Park CA 2,300,000
provements
136 Gardena GTrans Zero-Emission Bus Project Gardena CA 4,400,000
137 Garfield Avenue Complete Streets San Pedro CA 1,500,000
138 Glendora People Movement Glendora CA 5,000,000
139 Gold Line Light Rail Low Floor Station Conversion Folsom and Rancho Cordova CA 1,913,788
140 Golden Gate Bridge Physical Suicide Deterrent System San Francisco CA 6,550,000
(SDS) Project
141 Hale Avenue/Santa Teresa Expressway Extension Phase Morgan Hill CA 800,000
2A
142 Harbor Drive 2.0 San Diego and National City CA 800,000
400,000
400,000
143 Hawthorne—120th Street Improvement Project Hawthorne CA 950,000
144 High Voltage Conversion Fed Program Unit 2 City of Los Angeles CA 347,200
145 Highland Avenue and Wabash Avenue Intersection Im- Redlands CA 400,000
provement Project
146 Highway 1 North Bicycle/Pedestrian Improvements Half Moon Bay CA 1,000,000
Project
147 Highway 116/West Cotati Intersection Safety Improve- Cotati CA 2,000,000
ment Project
148 Highway 24 LaMorinda Smart Signal System project Orinda and Lafayette CA 2,000,000
149 Highway 9 Safety Improvement Project Monte Sereno CA 520,000
150 Highways to Boulevards Los Angeles CA 480,000
151 I Street Bridge Replacement Project Sacramento and West Sac- CA 15,000,000
ramento
152 I–405 Sepulveda Pass (Phase 1) ExpressLanes Los Angeles CA 5,000,000
153 I–505 Vaca Valley Parkway Corridor Multimodal Im- Vacaville CA 4,000,000
provements Project
154 Inglewood Transit Connector (ITC) Inglewood CA 9,200,000
155 Interstate 15 Northern Extension (I–15 NEXT) Jurupa Valley and Eastvale CA 20,000,000
156 Jepson Parkway Vanden Road Complete Streets Project Fairfield CA 7,460,000
to Travis Air Force Base
157 LA Streetcar Power Utility Relocations Los Angeles CA 2,000,000
158 Lawndale—Redondo Beach Blvd Project Lawndale CA 1,000,000
159 Leesdale Passing Siding Extension and Upgrade, Ven- Camarillo CA 6,000,000
tura County, CA
160 Leucadia Streetscape Phase 2 (Shown in the TransNet Encinitas CA 4,000,000
as North Coast Highway 101 Beautification)
161 Liberty Canyon (Crossing) Agoura Hills CA 5,000,000
162 Link Union Station Los Angeles CA 5,000,000
163 Los Nietos Sunshine Shuttle Electric Bus Replacement Unincorporated Los Nietos CA 480,000
164 LOSSAN Corridor Improvements Del Mar CA 12,500,000
165 Malaga Bridge Project Fontana CA 15,000,000
166 Market Avenue Complete Street N. Richmond CA 2,170,000
167 Melrose Avenue Complete Street Improvements West Hollywood CA 4,944,149
168 Metro Purple Line Beverly/Wilshire North Portal Project City Beverly Hills CA 5,000,000
169 Middle Avenue Pedestrian/Bicycle Rail Crossing Project Menlo Park CA 6,500,000
170 Mission Bl/ Pine St Safety Improvement Project Fremont CA 2,000,000
171 Mobility for All Project N. Richmond and Bay Point CA 2,000,000
172 Mobility Wallet Demonstration and Research Study Los Angeles County CA 4,000,000
173 Monroe Street Interchange Project Indio CA 20,000,000
174 Napa Valley Vine Trail—Yountville to St. Helena St. Helena CA 3,000,000
175 New Traffic Signal at Morrison and Sepulveda Los Angeles CA 710,000
176 New Traffic Signal at Plummer and White Oak Avenue Los Angeles CA 710,400
177 New Traffic Signal at Scott Creek Rd/ Zinfandel St Fremont CA 950,000
178 New Transit Maintenance Facility Commerce CA 2,000,000
179 North San Jose Bike Plan Implementation San Jose CA 3,838,348
180 Oakland 7th St Bike/Ped Improvements Oakland CA 2,500,000
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181 Oakland Alameda Access Project Oakland and Alameda CA 2,996,000
182 Ojai Avenue Pedestrian Crossing Safety Lighting Im- Ojai CA 440,000
provements
183 Old I Street Bridge Deck Conversion for Active Trans- West Sacramento CA 4,150,000
portation Project
184 Old Town Streetscape Phase 2 Elk Grove CA 2,000,000
185 Olive/Magnolia Bridge Safety Barrier Rail Project Burbank CA 2,000,000
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H3348 CONGRESSIONAL RECORD — HOUSE June 30, 2021
No. Project Name City State/Territory Amount
186 Otay Mesa Truck Route Phase 4 San Diego CA 1,300,000
187 Overlook and Viewpoint Improvements to end of Mouth Smith River CA 500,000
of Smith River Road
188 Pacific Coast Highway at Crenshaw Boulevard Intersec- City of Torrance CA 652,800
tion Capacity Enhancements
189 Parkway Drive and Merced Street Bicycle and Pedes- El Monte CA 2,600,000
trian Improvements
190 Pedestrian, ADA, Traffic Signal and Pavement Improve- Temple City CA 6,200,000
ments along Bus Routes
191 Pine Avenue Extension Chino CA 5,000,000
192 Port of Hueneme Intermodal Improvement Project to Oxnard CA 3,000,000
Modernize the Port Wharf and Pier and Cargo Facili-
ties
193 Port of Oakland Solar, Battery Storage and Electric Ve- Oakland CA 1,000,000
hicle Truck Charger Deployment
194 Puddingstone Drive Bicycle and Pedestrian Project La Verne CA 998,000
195 Purchase of eleven Battery-Electric Buses—SLORTA San Luis Obispo CA 5,000,000
196 Quint-Jerrold Connector Road San Francisco CA 7,200,000
197 Rail to Rail/River Active Transportation Corridor Los Angeles CA 5,000,000
Project
198 Reche Canyon Road Alignment Colton CA 4,452,000
199 Replacement of 2nd Street Bridge over Warm Creek San Bernardino CA 2,000,000
200 Resilient State Route 37 Corridor Enhancement Program Sonoma CA 7,000,000
201 Richmond Parkway Transit Center and Freeway Access Richmond CA 1,000,000
Improvements
202 San Fernando Road Bike Path Phase III Sun Valley and North CA 594,027
Hollywoood
203 San Francisco Bay Area Rapid Transit (BART) Station Oakland, San Leandro, Berke- CA 3,000,000
Restroom and Lighting Enhancements ley
204 San Francisco Bay Area regional advance mitigation Alameda, Contra Costa, and CA 5,000,000
program Santa Clara counties
205 San Pablo Avenue Rehabilitation, City Limits to Pinole Pinole CA 742,000
Shores
206 San Rafael Channel Crossing Swing Bridge San Rafael CA 2,000,000
207 Santa Cruz METRO Bus Replacements Santa Cruz CA 1,840,000
208 Santa Cruz Paratransit Vans Replacement Project Santa Cruz CA 505,750
209 Saratoga Pedestrian Walkway Project Saratoga CA 1,200,000
210 Scotts Creek Coastal Resiliency Project Unincorporated Santa Cruz CA 3,500,000
County north of Davenport
211 Sepulveda Transit Corridor City of Los Angeles CA 10,000,000
5,000,000
5,000,000
212 Serramonte Boulevard and Serramonte Center Driveway Colma CA 400,000
Traffic Signal
213 Sharp Park Priority Development Area (PDA) Access Pacifica CA 960,000
Resurfacing Project
214 Slauson Avenue Congestion Huntington Park CA 1,000,000
215 SMART Russian River Rail Bridge Rehabilitation Healdsburg CA 13,606,840
216 Solar Energy Project (Phase 2) Stockton CA 5,300,000
217 SR 86 Improvement Project Imperial CA 3,000,000
218 SR128/I–505 Overcrossing (Br. 22–0110)/Russell Blvd Bi- Winters CA 8,540,000
cycle and Pedestrian Improvements
219 State Route 11/Otay Mesa East Port of Entry San Diego CA 12,500,000
220 State Route 132 West Project Modesto CA 12,000,000
221 State Route 25 Expressway Conversion and State Route Hollister CA 10,000,000
25/156 Interchange Project
222 State Route 37 and Fairgrounds Drive Interchange Im- Vallejo CA 4,000,000
provements
223 State Route 99 Madera South—Operational Improvement Madera CA 10,000,000
Project
224 Stockton Rail Maintenance Facility Expansion Stockton CA 6,715,000
225 Sustainable Mobility Expansion Project Redlands CA 1,756,630
226 Tarzana Crossing Great Streets Project Tarzana—Los Angeles CA 500,000
227 The Highway 101 Multimodal Corridor Project from Santa Barbara CA 11,000,000
Santa Barbara to Montecito with improvements on
Highway 101 (SB–101–PM 9.1/12.3) and Adjacent Local
Streets including the Cabrillo Boulevard Bicycle and
Pedestrian Improvement Project
228 Thornton Avenue Pavement Rehabilitation Newark CA 2,000,000
229 Torrance to Florence Bus Service Torrance CA 4,432,924
230 Track Rehabilitation of the San Bernardino Line City of Rancho Cucamonga, CA 2,000,000
California spanning to the
City of Montclair, California
including the cities of Ran-
cho Cucamonga, Upland,
and Montclair
231 Traffic Signal System Upgrades on I–680 Project Danville, Walnut Creek, Con- CA 6,000,000
cord, Pleasant Hill
ctelli on DSK11ZRN23PROD with HOUSE
232 Tri MyRide Fleet Expansion Project Antioch CA 1,760,000
880,000
880,000
233 TRI-CONNECT, SoCal Freight Initiative Los Angeles CA 3,357,895
234 U.S. 101 and Del Norte Boulevard Interchange Oxnard CA 3,000,000
235 Union Street Protected Bike Lanes Pasadena CA 1,600,000
236 US 101 / Woodside Interchange Improvement Redwood City CA 2,500,000
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3349
No. Project Name City State/Territory Amount
237 US 101 Safety Improvements—South of Salinas Salinas and Chualar (Mon- CA 2,000,000
terey County)
238 US 101/SR 25 Interchange Phase 2—Santa Teresa Boule- Gilroy CA 5,000,000
vard Extension
239 US–101 Managed Lane Project North of I–380 San Mateo CA 10,000,000
240 Valley Link—Implementation of Sustainability Blue- Livermore CA 20,000,000
print
241 Vasco Road Safety Improvements Phase II Byron CA 3,905,000
242 Vermont Transit Corridor Improvements Los Angeles CA 10,000,000
3,900,000
6,100,000
243 Walnut Park Bus Stop Improvements Walnut Park CA 1,200,000
244 Walnut Park Pedestrian Plan Implementation Walnut Park CA 1,200,000
245 Warm Springs Grade Crossing Improvements San Jose CA 7,703,100
246 West Berkeley Bicycle and Pedestrian Improvements Berkeley CA 704,000
247 West San Jose Priority Bikeways Implementation Project San Jose CA 3,285,680
248 West Santa Ana Branch Transit Corridor Los Angeles CA 5,000,000
249 West Valley Connector Bus Rapid Transit—Phase 1, and San Bernardino CA 5,000,000
Zero-Emission Bus Initiative
250 White Rock Road—0.5 Miles East of Rancho Cordova Rancho Cordova CA 12,307,000
Parkway to the Easterly City Limits
251 Widen Central Ave to add new Class II Bike Lanes near Camarillo CA 4,000,000
U.S. 101 to the northwest city limits
252 Wilmington Waterfront-Avalon Pedestrian Bridge Wilmington CA 1,000,000
253 Woodman Ave. Pedestrian Improvement Project Panorama City CA 3,256,591
254 Ygnacio Valley Road Project Walnut Creek CA 1,000,000
255 Yosemite Area Regional Transportation System Merced CA 2,250,000
256 Zero Emission Bus Replacements, Charging Infrastruc- Oxnard CA 1,675,000
ture and Zero Emissions Job Training
257 Zero Emission Buses and Charging Infrastructure Wilmington CA 5,000,000
258 Zero Emissions Bus Purchase—Pasadena, CA Pasadena CA 2,100,000
259 16th St Mall Reconstruction Program Denver CO 6,530,000
260 Aurora Bicycle and Pedestrian Master Plan Update Aurora CO 800,000
261 Big Barnes Ditch Trail Improvements Loveland CO 500,000
262 Cameron Peak Post-Fire Emergency Funding Larimer County CO 2,000,000
263 Central Corridor Rail Replacement Denver CO 7,930,000
264 CO 9 Widening from Iron Springs to Frisco Summit County CO 1,000,000
265 Easter/Havana Intersection Improvements Centennial CO 6,000,000
266 Eisenhower Johnson Memorial Tunnel (EJMT) Repairs Dillon CO 4,000,000
and Upgrades
267 Expansion of Gun Club Road Aurora CO 1,500,000
268 Federal Parkway Multimodal Transportation Improve- Westminster CO 4,107,114
ments
269 Frisco Transit Center Frisco CO 6,650,000
270 I–25 Valley Highway: Phases 3 and 4 ROW Acquisition Denver CO 5,530,000
271 I–25/Belleview Avenue Interchange Improvements Greenwood Village CO 10,000,000
272 I–70 and 32nd Ave. Bridge Replacement Wheat Ridge CO 2,000,000
273 SH–72 (Indiana St) Widening at UPRR Arvada CO 1,095,872
274 State Highway 119 and State Highway 52 Multimodal Boulder County CO 5,000,000
Intersection Improvements
275 US 36 and Community Drive Roundabout Estes Park CO 850,000
276 Wadsworth Widening: 35th Avenue to I–70 Wheat Ridge CO 10,000,000
277 West Colfax Pedestrian Safety and Infrastructure Lakewood CO 1,750,000
Project
278 Branchville Transit Oriented Development Pedestrian/ Ridgefield CT 1,853,120
Bicycle Improvement
279 Comstock Brook Bridge (No. 04975) Replacement Wilton CT 2,400,000
280 Coventry Main Street Sidewalk Project Final Extension Coventry CT 1,200,000
281 CT–195 (Storrs Road) Pedestrian Safety Improvements Mansfield CT 2,240,000
282 East Haddam/Haddam Swing Bridge Rehabilitation East Haddam CT 5,000,000
Project
283 Essex River Road Bridge and Sidewalk Project Essex CT 2,400,000
284 Five Mile River Bridge (No. 04152) Replacement Norwalk CT 2,860,000
285 Greater Hartford Mobility Study – Planning and Pre- Hartford and East Hartford CT 16,000,000
liminary Engineering
286 Greenwich Creek Bridge (No. 01872) Replacement Greenwich CT 2,530,000
287 Harbor Brook Bridge (No. 04185) Replacement Project Meriden CT 2,800,000
288 Intersection Improvements on Route 39 at Beckerle Danbury CT 3,332,000
Street and East Gate Road
289 Mill River Bridge (No. 04953) Replacement Fairfield CT 2,700,000
290 New Haven Downtown Crossing Phase 4 – Temple Street New Haven CT 20,000,000
Crossing
291 New London Pedestrian Bridge and Public Access New London CT 4,860,000
Project
292 Park Avenue Traffic Signals Bridgeport CT 2,686,000
293 Quinebaug River Trail – Plainfield Section Plainfield CT 2,179,953
294 Route 10 Hop Brook Bridge (No. 00653) Replacement Simsbury CT 2,400,000
Project
ctelli on DSK11ZRN23PROD with HOUSE
295 Route 109 Bridge (No. 05417) Replacement Project Morris CT 1,520,000
296 Route 202 Intersection Improvement Project Brookfield CT 7,400,000
297 Route 25 Bridge (No. 06750) Rehabilitation Trumbull CT 1,464,000
298 Stamford Transportation Center Improvement Stamford CT 3,500,000
299 20 x 22 Protected Bike Lanes Washington DC 3,000,000
300 Arboretum Bridge and Trail Washington DC 4,000,000
301 Bus Priority Program Washington DC 4,000,000
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H3350 CONGRESSIONAL RECORD — HOUSE June 30, 2021
No. Project Name City State/Territory Amount
302 H Street Bridge Washington DC 3,000,000
303 Metropolitan Branch Trail—Fort Totten to Takoma Washington DC 3,000,000
304 Pavement Restoration, National Highway Performance Washington DC 3,000,000
Program
305 US 113/SR 20 Grade Separated Intersection Millsboro DE 10,000,000
306 West Camden Bypass Camden DE 10,000,000
307 Approach Road at Cecil Air and Space Port Jacksonville FL 600,000
308 Card Sound Bridge Replacement Planning and Design Key Largo FL 4,200,000
Project
309 City of South Miami Pedestrian Bridge South Miami FL 4,330,000
310 Commodore Trail Missing Link Miami / Coral Gables FL 999,205
311 Dunedin Causeway Bridge Project Dunedin FL 8,000,000
5,000,000
3,000,000
312 Harborview Road from Melbourne Street to I–75 Port Charlotte FL 20,000,000
313 Marlin Road Roadway Improvements Project Cutler Bay FL 8,800,000
314 Miami River Greenway—Curtis Park East Miami FL 2,392,000
315 Midway Road Multimodal/Freight Improvements and Port St. Lucie FL 15,000,000
Florida’s Turnpike Connection
316 North Bay Village 79th Street Complete Streets Project North Bay Village FL 1,000,000
317 Port St. Lucie Boulevard South—Segment 2.2 Port St. Lucie FL 5,000,000
(Alcantarra Boulevard to Paar Drive)
318 PortMiami Shore Power Pilot Program Miami FL 2,000,000
319 Reconstruction of State Road 33/Interstate 4 Interchange Lakeland FL 20,000,000
(Exit 38)
320 Ridge Road Extension Phase 2B Unincorporated Pasco County FL 15,000,000
321 Alleyways Drainage Improvement Project Miami Gardens FL 240,000
322 Breakers Avenue Streetscape Project City of Fort Lauderdale FL 5,200,000
323 Cass Street Bridge Rehabilitation Tampa FL 5,116,000
324 Central Florida Regional Transportation Electronic Orlando FL 1,032,500
Contactless Payment System
325 City of West Palm Beach Grand View Heights Street Pe- West Palm Beach FL 1,200,000
destrian Safety Improvements Phase 2
326 Corrine Drive Complete Streets Project Orlando FL 6,900,000
327 County Line Road Improvement Project West Park FL 944,000
328 Crystal Lake Drive Project City of Deerfield Beach FL 389,088
329 E.E. Williamson Road Trail Connect Longwood FL 4,346,000
330 Econlockhatchee Trail Multimodal Corridor Improve- Orlando FL 8,193,500
ments
331 Flavor Pict Road from Lyons Road to Hagen Ranch Delray Beach FL 4,780,000
Road
332 Gulf to Bay (SR60) Duke Energy Trail Overpass Clearwater FL 6,000,000
333 HART Bus Shelter Revitalization and Expansion Tampa FL 6,990,100
334 Hinson Avenue Widening Project Haines City FL 1,375,000
335 International Drive and Sand Lake Road (SR 482) Pe- Orlando FL 7,000,000
destrian Bridge
336 InVision Tampa Streetcar Tampa FL 7,700,000
337 Johnson Street Bridge Replacement Project Hollywood FL 2,904,000
338 JTA’s Sustainability and Renewable Energy Transit Fa- Jacksonville FL 2,315,840
cility (Project ID 425454–2)
339 Lake Monroe Loop Trail Sanford FL 3,313,181
340 Lowson Boulevard from Dover Road to Federal Highway Delray Beach FL 1,106,296
341 Loxahatchee Rd. from Arthur Marshall Loxahatchee City of Parkland FL 5,000,000
Refuge to SR–7/US–441
342 Lyons Road Pedestrian Mobility Lighting and Safety City of Coconut Creek FL 2,700,000
Project
343 Magnolia Drive Trail – Phase 1, 2, & 4 (Project ID: Tallahassee FL 5,000,000
4098037)
344 Marigold Ave from San Lorenzo Rd to Peabody Rd (4 Poinciana FL 4,731,586
Roundabouts)
345 Neptune Road Widening and Improvement Project Kissimmee FL 5,000,000
346 NW 183rd to 191st Street and NW 27th to 42nd Avenue Miami Gardens FL 1,200,000
Road and Sidewalk Project
347 NW 187th Street to NW 199th Street, from NW Sunshine Miami Gardens FL 960,000
State Parkway East to NW 12th Avenue Area-Road
Resurfacing, Sidewalks, and Drainage Improvement
Project
348 NW 191st to 199th Street and NW 2nd to 7th Avenue Miami Gardens FL 600,000
Roadway and Sidewalk Project
349 NW 199th to 202nd Street between NW 3rd and 15th Ave- Miami Gardens FL 960,000
nue-Road Resurfacing and Sidewalks Improvement
Project
350 NW/NE 87th Street Corridor Village of El Portal FL 1,320,551
351 Opa-locka Railroad Crossing Repair Opa-Locka FL 2,400,000
352 Orange Blossom Trail Sidewalks Phase 2A Orlando FL 3,012,472
353 Palm Beach County Bus Shelter Infrastructure Palm Beach County FL 8,300,000
300,000
ctelli on DSK11ZRN23PROD with HOUSE
8,000,000
354 Palm Springs, FL, Park Connector Pathway System Palm Springs FL 854,550
355 Pine Hills Trail Phase 2 from Silver Star Road (SR 438) Orlando FL 557,000
to Clarcona-Ocoee Road
356 President Barack Obama Parkway, Phase 2, Orlando, Orlando FL 8,360,000
Florida
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3351
No. Project Name City State/Territory Amount
357 Rolling Stock Hallandale Beach, Hollywood, FL 9,000,000
Dania Beach, Fort Lauder-
dale, Wilton Manors, Oak-
land Park, Pompano Beach,
Deerfield Beach and Palm
Beach County
5,000,000
4,000,000
358 SMART Plan Beach Express (BERT) North Capital Bus Miami FL 9,100,000
Purchase
359 Solar-Powered Zero-Emission Bus and Facility Charging St. Petersburg FL 6,000,000
Infrastructure
360 South City Transit Capital Project StarMetro Mod- Tallahassee FL 2,400,000
ernization
361 Southcot Drive Sidewalk Casselberry FL 189,357
362 SR 50 (Colonial) from Thornton Ave to Mills Ave Orlando FL 917,933
363 SR 63 (US 27) Monroe Street from John Knox Road to Tallahassee FL 2,400,000
Lakeshore Drive (Project ID 4450531)
364 SR-5/US-1/Federal Hwy from Johnson St. to SR-822/ Hollywood FL 1,899,308
Sheridan St.
365 SR–820/Pines Blvd from W of SW 136th Ave to E of NW Pembroke Pines FL 5,000,000
118th Ave
366 SR-A1A from Hallandale Beach Boulevard to Dania Hallandale Beach, Hollywood, FL 1,075,350
Beach Boulevard Drainage Improvement Project and Dania Beach
367 StarMetro Bus Replacement Tallahassee FL 1,800,000
368 SW 36th Street Complete Street Improvements Project West Park FL 1,600,000
369 SW 52nd Avenue Complete Street Improvements Project West Park FL 602,400
370 Treasure Island Causeway Bridge Project Treasure Island FL 4,480,000
371 University Boulevard at Dean Road Intersection Im- Orlando FL 1,000,000
provement
372 University Drive from NW 40th St. to Sawgrass Express- City of Coral Springs FL 5,000,000
way
373 West Warren Avenue Complete Street Longwood FL 400,000
374 Atlanta Beltline Atlanta GA 5,000,000
375 Big Creek Greenway Phase 2 Renovation-Replacement Cumming GA 3,000,000
376 Brennan Road Improvements Columbus GA 7,360,000
377 Buford Highway Pedestrian Improvements Doraville GA 1,373,859
378 Bus/Paratransit Vehicle Acquisition for Local Route 70 Snellville/Northern Dekalb GA 6,000,000
379 Cascade Multimodal Corridor Atlanta GA 1,000,000
380 Cherokee Area Transportation System Headquarters Canton GA 2,400,000
381 City of Forest Park Pedestrian Bridge Forest Park GA 2,000,000
382 City of Sugar Hill’s Highway 20 Pedestrian Bridge Sugar Hill GA 5,000,000
383 Clayton Justice Center Transit Hub – Phase II Jonesboro GA 4,960,000
384 Cobb Parkway at McCollum Parkway Road Realignment Kennesaw GA 3,500,000
385 Cumberland Core Loop Atlanta GA 1,700,000
386 East West Connector Corridor Improvement, Cobb Coun- Smyrna GA 4,500,000
ty GA
387 Emory-CDC Intersection Project Atlanta GA 550,000
388 GDOT Project No. 0013752 Americus GA 1,216,958
389 GDOT Project No. 0015563 Cuthbert GA 2,405,280
390 GDOT Project No. 0015638 Reynolds GA 1,608,000
391 GDOT Project No. 0015651 Arabi GA 568,000
392 GDOT Project No. 0015652 Talbotton GA 984,000
393 Global Gateway Connector College Park GA 3,542,355
394 Gwinnett Place Transit Center/Mall of Georgia local bus Gwinnett County GA 5,000,000
service
395 I–20 Diverging Diamond Interchange at Chapel Hill Douglasville GA 5,000,000
Road
396 Lawrenceville Area Park and Ride Lot Lawrenceville GA 4,800,000
397 Macon Transit Authority Electric Transit and Para- Macon GA 2,600,000
transit Vehicle Purchases
398 MARTA Route 115—Covington Highway Decatur GA 2,000,000
399 McDaniel Farm Park Connector multi-use path Gwinnett County GA 2,000,000
400 Metropolitan Parkway Arterial Rapid Transit (ART) Atlanta GA 3,000,000
401 New Bus Rapid Transit Service along US 78 Snellville/Stone Mountain GA 5,000,000
402 North Avondale Road Complete Streets Project Avondale Estates GA 1,975,560
403 Peachtree Creek Greenway Brookhaven GA 3,382,000
404 Project DeRenne Savannah GA 20,000,000
405 Safety Improvements—Intersection of N Westover Blvd Albany GA 368,791
at Nottingham Way
406 South Barrett Parkway Reliever Kennesaw GA 2,000,000
407 South Cobb Drive Corridor Smyrna GA 250,000
408 SR 120 (Abbotts Bridge Road) Operational and Safety Johns Creek GA 13,800,000
Improvements
409 SR234 and Westover Blvd—Add Westbound Right Turn Albany GA 349,295
and Southbound Left
410 Stonecrest Transit Hub Stonecrest GA 5,000,000
411 Widen and Realign Intersection of Sands Drive and Ra- Albany GA 2,509,319
ctelli on DSK11ZRN23PROD with HOUSE
dium Springs
412 Windy Hill Boulevard Smyrna GA 500,000
413 Guam Public Transit Modernization—Bus Shelters Hagatna GU 20,000,000
414 Bus and Handi Van Acquisition Program (Battery Elec- Honolulu HI 7,398,400
tric Buses; Electrification of Route 40)
3,699,200
3,699,200
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H3352 CONGRESSIONAL RECORD — HOUSE June 30, 2021
No. Project Name City State/Territory Amount
415 Hanapepe Road Resurfacing Hanapepe HI 3,680,000
416 Hawaii Recreational Trails Program (Hawaii Integrated Multiple Cities HI 4,000,000
Trail System)
417 Interstate Route H–1 Improvements, Eastbound, Ola Honolulu HI 6,150,000
Lane Overpass to Vineyard Boulevard
418 Leeward Bikeway, Philippine Sea Road to Waipahu Honolulu HI 6,150,000
Depot Street
419 Papalaua Street (RTS 3020, MP 0.13–MP0.17) Traffic Maui HI 1,154,000
Signal Upgrade at Wainee Street (Route 3015, MP 0.3–
MP0.34)
420 Waianuenue Avenue Rehabilitation Hilo HI 7,277,499
421 Waimea to Kekaha Shared Use Path Hanapepe HI 2,000,000
422 Wakea Avenue (Route 3920, MP 0.70-MP 0.71) and Ka- Maui HI 2,186,000
mehameha Avenue (Route 3940, MP 0.91–MP0.92)
Intersection Improvements
423 HIRTA Regional Transit Facility Waukee IA 2,321,000
424 In the City of Iowa City, on Dodge Street, from Bur- Iowa City IA 9,943,600
lington Street north to Governor Street.
425 Iowa 136 bridge replacement over Elwood Creek 3.1 miles Clinton County IA 1,144,800
west of US 61 in Clinton County
426 Marion County—County Road G28 corridor Marion County IA 2,000,000
427 Red Rock Prarie Trail (Iowa 117 to Co Rd S27) Prairie City IA 900,000
428 Bus Replacements Across the District Des Moinse IA 5,000,000
429 Mills Civic Parkway Improvements West Des Moines IA 2,000,000
430 Red Oak Bridge Replacement Red Oak IA 700,000
431 Southeast Connector Des Moines IA 7,000,000
432 Traffic Incident Management Center at Camp Dodge— Johnston IA 4,880,000
Phase I
433 1st Street Reconstruction Ammon ID 5,375,700
434 Center Street Railroad Bridge Underpass Pocatello ID 4,277,000
435 Fort Hall Connect- Upgrade of Ross Fork Road Fort Hall ID 3,500,000
436 I–15B (US–30) McCammon IC TO Old US–91 McCammon ID 1,716,660
437 State Street Premium Corridor, Part 2, Boise Area, Val- Boise and Garden City ID 2,000,000
ley Regional Transit
438 Alton Avenue Reconstruction Madison IL 624,000
439 Alton Road Reconstruction Phase I & II Carlinville IL 616,000
440 Brush College Road and Faries Parkway Grade Separa- Decatur IL 2,000,000
tion
441 Calhoun Street Bridge Replacement City of Morris IL 1,200,000
442 Candy Lane Macomb IL 3,500,000
443 Centennial Park Shared Use Path Heyworth IL 963,540
444 Cloverleaf and East Madison Subdivisions Improvements Madison IL 296,000
445 Curtis Road Grade Separation & Complete Streets Savoy IL 3,293,700
Project
446 Dix Irvington Road Safety Project Centralia IL 600,000
447 Dupo Interchange Dupo IL 1,700,000
448 Edwardsville Road Resurfacing Project Wood River IL 668,000
449 Frank Scott Parkway East Extension Shiloh IL 12,512,000
450 Hamilton Road East-West Connection Project Bloomington IL 7,000,000
3,500,000
3,500,000
451 Hilltop Road Multi-Use Trail Extension Project Springfield IL 440,000
452 Lincoln Prairie Trail Bridge Replacement Project Taylorville IL 487,161
453 Madison Avenue from 23rd Street to 27th Street Resur- Granite City IL 759,420
facing
454 Main Street Reconstruction Project Roscoe IL 3,880,000
455 Marissa—Main St. Resurfacing Marissa IL 476,000
456 Pioneer Parkway Reconstruction Peoria IL 5,000,000
457 Prospect Road Revitalization Peoria Heights IL 6,000,000
458 Reas Bridges Replacement Project over Lake Decatur Decatur IL 3,500,000
459 Reconstruction of Main Street from Elm Street to Madi- Staunton IL 1,569,456
son Street
460 Resurfacing of County Highway 16 in Williamson Coun- Williamson County IL 352,000
ty
461 Resurfacing of Main Street, Bainbridge Trail, and Marion IL 572,000
Penecost Streets
462 Riverside Boulevard Reconstruction and Widening Loves Park and Rockford IL 14,920,000
(Phase II and III)
463 Royal Lakes Road Rehabilitation Project Royal Lakes IL 23,408
464 Spotsylvania Street Improvements New Athens IL 452,000
465 Stanford Avenue Reconstruction from 11th Street to Fox Springfield IL 1,279,035
Bridge Road
466 Structure Replacement Over Piles Fork Creek Carbondale IL 504,000
467 US 67 Widening from Delhi Bypass Project to Crystal Jerseyville IL 1,200,000
Lake Rd.
468 West Main Cross Street Improvements from Webster Taylorville IL 1,127,700
Street to Shumway Street
469 Western Road—Marshall County Henry IL 2,000,000
ctelli on DSK11ZRN23PROD with HOUSE
470 118 N Clark Pedway Extension Chicago IL 2,700,000
471 143rd St Expansion—West Ave to SW Highway Orland Park IL 9,247,702
472 143rd St from IL 59 to IL 126 Plainfield IL 6,200,000
3,700,000
2,500,000
473 34th Street Road Modernization and Stormwater Man- Berwyn IL 5,022,323
agement Improvements Phase I Design
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3353
No. Project Name City State/Territory Amount
474 606 Extension – Ashland Ave to Elston Ave Chicago IL 1,440,000
475 75th Street from Milbrook Drive to Greene Road Naperville IL 648,560
476 80th Ave from 191st to 183rd St Lane Improvements Tinley Park IL 1,500,000
477 9th Street Two-Way Conversion (Whitman Interchange) Rockford IL 4,050,000
478 Algonquin Road (Various Intersections) and Wilmot Spring Grove IL 2,400,000
Road at Main Street Intersection Improvements
479 All Stations Accessibility Program—Blue Line Irving Chicago IL 4,330,000
Park
480 Arterial Resurfacing Chicago IL 9,357,677
481 Berkeley Industrial Pedestrian Connector Chicago IL 424,500
482 Bike Path along Quentin Road Hawthorn Woods/Lake Zurich IL 1,000,000
483 Bliss Rd/Fabyan from Fabyan to Bliss Rd Geneva IL 7,000,000
484 Butler Drive Chicago IL 4,500,000
485 Central Road: Barringon Rd to Huntington Blvd Hoffman Estates IL 2,000,000
486 City of Berwyn, 16th Street Rehabilitation Project Chicago IL 1,967,468
487 City of Peoria Adams/Jefferson 2–Way Conversion Peoria IL 5,000,000
488 Columbia Bridge Chicago IL 2,000,000
489 CTA—ASAP (Belmont Station) Chicago IL 3,370,000
490 CTA Red Line—Loyola Station Improvements Chicago IL 3,600,000
491 DeKalb Traffic Signal Upgrades DeKalb IL 570,000
492 Division Street Resurfacing Oak Park IL 2,000,000
493 Dundee Ave Reconstruction Elgin IL 5,900,000
494 East Branch DuPage River Trail Lombard IL 1,200,000
495 East New York Street from North Farnsworth Ave to Aurora IL 1,138,300
Welsh Drive
496 Fullerton Avenue between N Schmale Rd and Glendale Heights IL 696,500
Bloomingdale Rd
497 Gougar Road from Laraway Road to Francis Road Joliet and New Lenox IL 2,700,000
498 Greater Downtown Master Plan Phase 4A East Moline IL 4,946,000
499 Hobson Rd 63rd St from Woodridge Dr to Janes Ave Woodridge IL 490,000
500 Homan Corridor Improvements Chicago IL 500,000
501 I–294 103rd Street Interchange Chicago Ridge IL 5,000,000
502 I–294 Crestwood/Robbins Interchange Crestwood and Robbins IL 4,800,000
503 I–57 Interchange near Mile Marker 332 (Between Harlem Unincorporated Will County IL 4,500,000
Avenue and Pauling Road)
504 IL 171 (State Street) Pedestrian Safety Improvements Lockport IL 1,400,000
505 IL 38/Roosevelt Road at Naperville Road Wheaton IL 4,800,000
506 IL 50 from S of Brookmont Blvd to N of US 45/52 & Indi- Kankakee IL 5,000,000
ana Ave to Fair St in Kankakee
507 IL–21 Milwaukee Ave Improvements (Glenview) Glenview IL 2,000,000
508 IL–62 Algonquin Rd at New Wilke Rd Intersection Im- Rolling Meadows IL 226,935
provements
509 Jackson Blvd Resurfacing (Desplaines to Harlem Ave) Chicago IL 800,000
510 Kedzie and Lake improvements Chicago IL 500,000
511 Lake Cook Road (IL–53 to Raupp Blvd) Mount Prospect and Desplains IL 3,000,000
512 Lombard Rd Resurfacing and Improvements Addison IL 900,000
513 Madison Street Resurfacing Bellwood IL 1,107,200
514 Main Street Reconstruction from Randall Road to Van Batavia IL 600,000
Nortwick Avenue
515 McConnell Road Intersection and Roadway Improve- Freeport IL 2,528,200
ments
516 Metra Zero Emission Vehicle Pilot Chicago Region IL 12,000,000
1,000,000
5,000,000
6,000,000
517 Midway Bus Terminal Electrification Concept Design Chicago IL 550,000
518 N Lake Shore Drive Improvements Chicago IL 2,000,000
519 North Chicago Pace Route Access North Chicago IL 508,080
520 Oak Park Avenue—111th St to 107th St Worth IL 520,000
521 Pace Cermak Road Transit Signal Priority Westchester, Oak Brook and IL 390,000
Oakbrook Terrace
522 Pace Pulse Line—Harlem Avenue Traffic Signal Im- Morton Grove IL 400,000
provements
523 Pace Pulse South Halsted Line Chicago, Riverdale, and Har- IL 900,000
vey
524 PACE Transit Signal Priority Chicago IL 900,000
525 Park Blvd Resurfacing Streamwood IL 220,783
526 Patriot Path Lake County IL 9,794,640
527 Proposed Midwest Medical Center Entrance and High- Galena IL 2,000,000
way Improvements
528 Pulaski Corridor Improvements Chicago IL 500,000
529 Pulaski Road: 127th St to 159th St Alsip, Crestwood, Midlothian, IL 2,500,000
Markham, and Robbins
530 Rand US–12 / Kensington / IL–83 Intersection Improve- Mount Prospect IL 4,500,000
ments
531 Rand/Central/Mt Prospect Road Intersection Improve- Mount Prospect and Desplains IL 371,000
ments
532 Randall and Hopps Road Intersection Elgin IL 5,000,000
ctelli on DSK11ZRN23PROD with HOUSE
533 Randall Road from Alexandra Blvd to Polaris Dr/Acorn Lake in the Hills IL 2,000,000
Ln
534 Rehabilitative Resurfacing of Belmont Avenue—25th Franklin Park IL 588,000
Ave to W of Elm St, Fran
535 Rehabilitative Resurfacing of Ill 64 North Ave—I–294 to Elmwood Park, Melrose Park, IL 7,920,000
Harlem Ave & N Frontage Rd - 7th Ave to 5th Ave Northlake, River Forest,
River Grove
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H3354 CONGRESSIONAL RECORD — HOUSE June 30, 2021
No. Project Name City State/Territory Amount
536 Rodenburg Road Corridor Improvement Project Roselle IL 928,000
537 Schick Road Resurfacing Hanover Park IL 257,045
538 Skokie Valley Trail Path Improvements Skokie IL 3,526,800
539 Spring Street Resurfacing South Elgin IL 171,264
540 Study of S. Chicago/79th St/Stony Island Intersection Chicago IL 800,000
541 Tonne Road Reconstruction—Northern Section Elk Grove Village IL 4,300,000
542 Traffic Signal Modernization—City of Chicago Chicago IL 1,350,000
543 US Route 20 and Reinking Road Roundabout Elgin IL 1,200,000
544 US Route 30 at Illinois Route 50 Matteson IL 4,000,000
545 Washington Boulevard Improvements – 21st Avenue to Maywood IL 1,424,000
9th Avenue
546 Weber Road from 135th Street to Airport Road Romeoville IL 2,100,000
1,000,000
1,100,000
547 West Branch DuPage River Trail Connection from West West Chicago IL 500,000
DuPage Woods Forest Preserve to Blackwell Forest
Preserve
548 Western Avenue Grade Separations Blue Island, Posen, and IL 4,500,000
Dixmoor
549 Wolfs Crossing Road from US 34 Chicago Road to Eola Oswego IL 4,822,000
Road – Douglas Road Intersection
3,616,500
1,205,500
550 Woodstock Railyard Relocation & Expansion Woodstock IL 4,000,000
551 Zero Emission Locomotive Commuter Rail Pilot Blue Island, Chicago, Joliet, IL 7,000,000
Midlothian, Mokena, New
Lenox, Oak Forest, Robbins,
Tinley Park
2,000,000
5,000,000
552 Zion 27th Street Resurfacing Zion IL 920,320
553 Added Travel Lanes at 45th Avenue Unincorporated Lake County IN 1,500,000
554 Central Avenue Road Reconstruction Portage IN 2,000,000
555 IndyGo EV Charging Stations Indianapolis IN 774,000
556 Kennedy Avenue Bridge Replacement Highland and Hammond IN 8,100,000
557 Monument Circle/Market Street Reconstruction Indianapolis IN 12,864,000
558 Willowcreek Road Extension Unincorporated Porter County IN 7,411,200
559 Bridge Replacement on 151st Street West over the Sedgwick County KS 3,600,000
Ninnescah River (B485)
560 Centennial Bridge Replacement Leavenworth KS 1,000,000
561 K–7 Bourbon County Fort Scott KS 2,000,000
562 K–7 Crawford County Girard KS 2,000,000
563 Reconstruction of 151st St West between 53rd St North Sedgwick County KS 3,200,000
and Highway K–96 (R356)
564 Reconstruction of the South Half Mile of 135th Street Sedgwick County KS 880,000
West between 53rd and 61st Streets North (R348)
565 Route 458 Improvements Lawrence KS 750,000
566 SW Topeka Boulevard (21st to 29th) Street Resurfacing Topeka KS 1,480,000
567 Topeka Metropolitan Bus Replacement Topeka KS 3,000,000
568 US–169 Neosho County Thayer KS 3,000,000
569 US–400 Cherokee County Cherokee KS 2,000,000
570 US–400 Greenwood County (KDOT Project Number 400- Greenwood County KS 5,000,000
037 KA–5790-01)
571 US–56 Douglas County Baldwin City KS 3,000,000
572 Wakarusa Drive Reconstruction Lawrence KS 1,000,000
573 Washington Creek Bridge Replacement Lawrence KS 400,000
574 West Kellogg/US–54/400 Expansion Wichita KS 1,800,000
575 U.S. 69/167th St. Interchange Improvement Project Overland Park KS 15,000,000
576 Congestion reduction and traffic improvement project on Covington KY 2,000,000
KY–17/Scott Boulevard/Greenup Street
577 Extend KY 3155 from the southern Intersection at KY Leitchfield, Grayson County KY 3,200,000
259 westerly to KY 54
578 I–65 SB Ramp to Brook St Louisville KY 9,600,000
579 Improve KY 54 from west of the US 60 Bypass to CR 1021 Owensboro, Daviess County KY 4,600,000
580 Improve KY 461 from US 150 to US 25 Mount Vernon, Rockcastle KY 18,200,000
County
581 Improve US 421 near the Virginia State Line Cranks, Harlan County KY 960,000
582 Improve westbound lanes of US 60 from KY 1957 to KY Lewisport, Hancock County KY 3,200,000
6106
583 KY 335 improvements from US 31W south of KY 218 to I– Horse Cave, Hart County KY 3,200,000
65
584 KYCT project 6–80101, KY –18 / Superstreet construction Boone County KY 5,200,000
585 KYTC Project 6–162.40, KY–536 from Williamswood Rd. Kenton County KY 12,064,000
to Calvery Dr. to KY–17
586 Newtown Pike Extension Project—Phase III Scott Street Lexington KY 20,000,000
Connector
587 Reconstruction of KY 44 from US 31E to KY 1319 Mount Washington, Bullit KY 4,800,000
County
ctelli on DSK11ZRN23PROD with HOUSE
588 Reimagine 9th Street Louisvile KY 5,000,000
589 Smart Signal Network Louisville KY 2,900,000
590 Traffic Calming Measures for Shelby Park and Louisville KY 2,400,000
Smoketown Neighborhoods
591 Audubon Ave OVLY:LA 1 to Terrebonne P/L Thibodaux LA 468,510
592 I–10 (Calcasieu River Bridge / Approach) Lake Charles LA 10,000,000
593 I–49 Lafayette Connector Lafayette LA 10,000,000
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3355
No. Project Name City State/Territory Amount
594 LA 3127 St. James Parish LA 10,000,000
595 LA 428, General Meyer Blvd New Orleans LA 8,560,000
596 MRB South GBR: LA 1 to LA 30 Connector- Environ- Baton Rouge LA 1,600,000
mental Evaluation
597 MRB South GBR: LA 1 to LA 30 Connector (Pre-Engi- Baton Rouge LA 8,000,000
neering Design)
598 Amherst Town Common Transportation and Mobility Amherst MA 1,344,000
Improvements
599 Barker Road Bridge Project Pittsfield MA 1,000,000
600 Beacon Street Bridle Path Brookline MA 2,000,000
601 Belmont Community Path Belmont MA 3,500,000
602 Blackstone Valley Multi-Use Path Phase 1, Segment – 2 Blackstone MA 8,130,842
603 Blue Line Signal Program Revere, Boston MA 6,000,000
604 Bourne Rail Trail Bourne MA 14,728,680
605 Brockton Area Transit—Buy Replacement 35’ Bus (6) Brockton MA 2,920,000
606 Brockton Area Transit—Buy Replacement 35’ Electric Brockton MA 3,160,000
Bus (5)
607 Brockton Area Transit—Purchase Misc. Electric Power Brockton MA 480,000
Equipment
608 Christina Street Rail Bridge Newton MA 1,600,000
609 Columbian Square Intersection Improvements Weymouth MA 3,000,000
610 Court and Cherry Street Intersection Improvement Plymouth MA 2,000,000
611 Davis Square Transit Signal Priority Project Somerville MA 100,000
612 Division Street Bridge Project Great Barrington MA 2,000,000
613 Double-Tracking on Haverhill Line in Massachusetts Andover and Wilmington MA 5,800,000
2,900,000
2,900,000
614 Drift Road at Kirby Brooke Replacement Project Westport MA 600,000
615 Fiske Street and Andover Street Sidewalk and Street Im- Tewksbury MA 456,000
provements
616 Glendale Street Bridge Project Easthampton MA 1,000,000
617 Intersection Improvements at Central Street, Foster St, Southbridge MA 1,000,000
Hook St, Hamilton St
618 Intersection improvements at Greenville Road (Rte 31) Ashby MA 1,000,000
and Turnpike Road
619 Intersection Improvements at Massachusetts Avenue Acton MA 1,100,000
(Route 111) and Main Street (Route 27) (Kelley’s Cor-
ner)
620 Intersection improvements at Riverside Drive and Methuen MA 1,000,000
Burnham Road
621 Intersection Improvements at Route 140/Route 62 Sterling MA 320,000
622 Intersection Improvements on Route 2A at Willow Road Ayer and Littleton MA 1,000,000
and Bruce Street
623 Intersection reconstruction on Rte 108 (Newton Road) at Haverhill MA 1,000,000
Rte 110 (Kenoza Ave. and Amesbury Road)
624 James Street Project Chicopee MA 2,000,000
625 Lake Cochituate Path Natick MA 3,078,722
626 Leyden Road Sidewalk Construction Greenfield MA 1,840,000
627 Lynn Commuter Rail Station Rehabilitation Lynn MA 10,000,000
628 McGrath Highway Road Diet / Protected Bike Lane Somerville MA 500,000
Project
629 Merrymount Bridge Reconstruction Project Quincy MA 6,000,000
630 MetroWest Regional Transit Authority Blandin Back Framingham MA 1,600,000
Entrance (MWRTA BEB Project)
631 New vans for elderly and those with disabilities Haverhill MA 375,000
632 North Adams Adventure Trail North Adams MA 2,000,000
633 Peabody Canal Riverwalk Construction Peabody MA 6,642,980
634 Planning and Design for protecting critical transpor- Boston MA 2,500,000
tation infrastructure and improving pedestrian access
to the Northern Avenue Bridge and along the Fort
Point Channel
635 Reconstruction and Related Work Along Revere Street Winthrop MA 5,058,493
Corridor
636 Reconstruction and related work on VFW Highway Lowell MA 3,000,000
637 Reconstruction of Foster Street Littleton MA 2,000,000
638 Regional Bike and Walking Trail (North Attleborough North Attleborough MA 1,500,000
Branch)
639 Rehab Fitchburg Intermodal Center Fitchburg MA 400,000
640 Rehabilitation & Box Widening on Route 20, from Route Shrewsbury MA 8,000,000
9 to South Street
641 Rehabilitation of Boston Road Westford MA 2,000,000
642 Replace diesel bus with hybrid bus Lowell MA 624,800
643 Replace fueling station at 100 Hale Street Lowell MA 775,200
644 Riverbank stabilization construction at MVRTA bus ga- Haverhill MA 725,000
rage and administration building
645 Roadway rehabilitation on route 101 south Ashburnham MA 1,000,000
(Ashburnham)
646 Route 131 Bridge Project Dudley MA 1,000,000
647 Route 28 / Route 38 Intersection Safety Improvements Somerville MA 3,000,000
ctelli on DSK11ZRN23PROD with HOUSE
Project
648 Ruggles Station State of Good Repair Improvements Roxbury MA 3,000,000
649 Stoughton Intersection Improvements at Canton St. Stoughton MA 1,840,000
(Route 27), School St., and Summer St.
650 Sturbridge Roundabout Construction Sturbridge MA 1,000,000
651 Sudbury-Concord Bike Path Construction (Bruce Free- Concord MA 1,000,000
man Trail)
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H3356 CONGRESSIONAL RECORD — HOUSE June 30, 2021
No. Project Name City State/Territory Amount
652 Taunton River Trail Taunton MA 4,800,000
653 Union Station Regreening & Lighting Project Springfield MA 6,000,000
654 Walnut Street Signalization Project Foxborough MA 2,000,000
655 Warren Street / Blue Hill Avenue Multi-modal Corridor Boston MA 12,000,000
Phase I
656 West Rodney French Improvement Project New Bedford MA 2,373,680
657 West Street/Route 27 Intersection Reconstruction Medfield MA 1,440,000
658 Baltimore Greenway Trails Network: Critical Corridor Baltimore City MD 13,200,000
Advancements
4,400,000
4,400,000
4,400,000
659 Bicycle-Pedestrian Priority Area Improvements—Purple Montgomery County MD 6,500,000
Line (TIP 3642 Pedestrian Safety Program)
660 Dobbin Road Pathway Columbia MD 3,200,000
661 Dual Locomotives for Commuter Rail Service in the Fu- Baltimore City MD 2,000,000
ture B&P Tunnel
1,000,000
1,000,000
662 East-West Priority Corridor Baltimore MD 15,000,000
5,000,000
5,000,000
5,000,000
663 Electric Bus Grants Rockville, Silver Spring MD 4,992,000
1,937,000
1,780,000
1,275,000
664 Fayette Street Bridge Replacement Cumberland MD 4,800,000
665 Frederick and Pennsylvania Railroad Trail City of Frederick and MD 2,560,000
Walkersville
666 Howard County Flash Extension Columbia MD 3,200,000
667 I–81 Phase 2 Reconstruction Hagerstown MD 4,620,000
668 Interstate 95/Greenbelt METRO/MARC Station Access Greenbelt MD 20,000,000
and Redevelopment Project
669 MicroTransit & Demand Response Electric Transit Vehi- Owings Mills MD 2,019,012
cles and Infrastructure
670 New Carrollton Metro/MARC/Amtrak/Purple Line Landover MD 18,480,000
Multimodal Transit District Right-of-Way Improve-
ments
671 Northwest Expressway (I–795) at Dolfield Boulevard Owings Mills MD 800,000
Interchange Redesign
672 Parole Transportation Center Annapolis MD 2,000,000
673 US 1 Safety Projects North Laurel, Savage, Jessup, MD 3,200,000
Elkridge
674 US 15 Frederick Freeway Reconstruction Frederick MD 8,800,000
675 US 29 Rapid Transit Improvements—Phase 2 Design Silver Spring MD 4,000,000
676 Veirs Mill /Randolph Bicycle & Pedestrian Priority Im- Rockville MD 6,000,000
provements
677 Woodley Road Extension to MD 715 Aberdeen MD 5,000,000
678 Berwick Route 9—Intersection Improvements Berwick ME 800,000
679 Casco Bay Lines Replacement Ferry Portland ME 7,500,000
680 Maine State Ferry Vessel Replacement Rockland ME 7,500,000
681 Milo, Sebec River Bridge Replacements and Village Im- Milo ME 8,000,000
provements
682 New Transit Hub Bangor ME 327,600
683 Sanford SRTS Multi-Use Trail Sanford ME 400,000
684 Sanford US Route 202/State Route 4A Sanford ME 3,600,000
685 U.S. Route 1 Improvements Van Buren ME 10,700,000
686 10 Mile Signal Modernization Center Line MI 550,068
687 14 Mile Rd Rehabilitation, Lahser to Evergreen Beverly Hills MI 1,208,080
688 14 Mile Road Roseville MI 3,100,000
689 21 Mile Road Bridge Replacement over the Gloede Drain Macomb Township MI 1,616,800
690 Airport Road Rehabilitation Project Blackman Township, Jackson MI 4,930,000
County
691 Beck Road Business Corridor Railroad Grade Crossing Wixom MI 18,612,000
Safety Project
692 Bridge and Pedestrian Facility Upgrades on the Detroit Detroit MI 1,838,812
Riverwalk
693 Bristol Road and Van Slyke Road Concrete Pavement Flint Township MI 700,000
Reconstruction Project
694 Bristol Road: Mill and Resurface Burton MI 1,248,000
695 Burcham Dr. East Lansing MI 1,017,838
696 Center Road Reconstruction Project Genesee Township MI 600,000
697 Coolidge Rd (Road Rehabilitation and Bike Lanes) East Lansing MI 883,359
698 Division Avenue Project Grand Rapids MI 4,200,000
699 E Michigan Avenue Lansing MI 2,589,121
700 Feher Drive Reconstruction & Pedestrian Improvement Montrose MI 680,000
Project
ctelli on DSK11ZRN23PROD with HOUSE
701 Fenton Road Bridge over the Thread Creek Flint MI 400,000
702 Flint Mass Transportation Authority (MTA) Rides to Flint MI 1,062,387
Wellness Facility Expansion/Renovation
703 Genesee Street Bridge over Farmers Creek Lapeer MI 1,896,750
704 Grandville Avenue Project Grand Rapids MI 4,000,000
705 Haist Road over Pigeon River Preventive Maintenance Winsor Township MI 194,000
706 Hubbard Street Rehabilitation Mount Clemens MI 942,400
VerDate Sep 11 2014 08:42 Jul 01, 2021 Jkt 019060 PO 00000 Frm 00046 Fmt 0636 Sfmt 6333 E:\CR\FM\A30JN7.009 H30JNPT1
June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3357
No. Project Name City State/Territory Amount
707 Inkster Road Bridge Over the Lower Rouge River—Cap- Inkster MI 329,600
ital Preventative Maintenance
708 Intelligent Transportation Systems Capital Investments Pontiac MI 2,240,000
in Traffic Signals on M–59
709 Iron Belle Trail Burton MI 1,200,000
710 Joe Louis Greenway Hamtramck Drive Shared Use Path City of Hamtramck MI 3,920,000
711 Kalamazoo US–131/US–131BR Kalamazoo MI 14,745,600
712 Kelly Road Fraser MI 3,500,000
713 King Road Bridge Replacement over the Belle River China Township MI 2,299,800
714 Kuhl Road over Shebeon Drain Bridge Replacement Fairhaven Township MI 1,282,400
715 Lake Shore Drive, Houghton County, Michigan Calumet and Hancock Town- MI 1,040,000
ship
716 M–143W Lansing MI 597,767
717 M–46 and M–19 Reconstruction Elmer Township MI 10,073,042
718 Marlette Road Bridge over South Branch of the Cass Marlette MI 1,406,000
River
719 Miller Road and Rotunda Drive Bridges Dearborn MI 20,000,000
720 Mound Road Industrial Corridor Technology and Inno- Macomb County, Warren MI 11,000,000
vation Project
1,000,000
10,000,000
721 Mt. Vernon Street Reconstruction Southfield MI 4,400,000
722 N Cedar St Mason MI 2,543,083
723 N Putnam St Williamston MI 375,000
724 N. Leroy Streetscape and Resurfacing Project Fenton MI 1,600,000
725 North Beech Daily Road Rehabilitation Project Dearborn Heights MI 1,417,226
726 Oakland Avenue Road Rehabilitation Project Highland Park MI 1,212,169
727 Oakville Waltz Road London Township MI 3,728,000
728 Orchard Lake Road from 13 Mile to 14 Mile Farmington Hills MI 1,076,085
729 Orchard Lake Road from Middlebelt to Pontiac City City of Sylvan Lake, West MI 2,000,000
Limits Bloomfield and Bloomfield
Township in Oakland Coun-
ty
730 Ottawa Avenue Project Grand Rapids MI 845,000
731 Joe Louis Greenway Phase One (Conrail 1 / May Creek) Detroit MI 2,000,000
732 Pennsylvania Road Grade Separation On border of City of Romulus MI 15,000,000
and Huron Township
733 Pierson Road Reconstruction Project Mt. Morris Township MI 2,400,000
734 Plank Road over US–23 Milan MI 4,335,618
735 Reid Road Downtown Streetscape and Rehabilitation Grand Blanc MI 700,000
Spur Community Project
736 Resurfacing of 12 Mile Road in Southfield from North- Southfield MI 750,000
wester Hwy to Telegraph Road
737 S Pennsylvania Ave Lansing MI 1,472,000
738 Saginaw Street Road Reconstruction Project Flint MI 1,600,000
739 Saginaw Transit Authority Regional Services (STARS) Saginaw MI 2,388,456
Bus Replacement
740 Saginaw Transit Authority Regional Services (STARS) Saginaw MI 200,000
Potter Street Station Study
741 Silver Lake Road Connector Trail Fenton and Linden MI 868,682
742 Skanee Road Improvements (from Jentoft Road to Town L’Anse and Arvon Townships MI 7,530,000
Road)
743 Skanee Road Improvements (from Town Road to Portice Arvon Township MI 4,000,000
Road)
744 Snyder Rd. East Lansing MI 263,500
745 St. Ignace Road Reconstruction Marquette Township MI 800,000
746 State Park Drive Reconstruction Charter Township of Bangor MI 2,000,000
and Bay City
747 US–12 over the Coldwater River Reconstruction Coldwater MI 645,360
748 US–127 and US–223 Resurfacing Addison MI 4,800,000
749 W Grand River Rd Howell MI 296,826
750 W Silver Bell Rd Auburn Hills and Orion Town- MI 4,200,000
ship
751 Waverly Rd Lansing MI 744,762
752 Wealthy Street- Fuller Ave to East City Limits Grand Rapids MI 7,250,000
753 Wenona Avenue Reconstruction Bay City MI 2,325,000
754 Apple Valley Transit Station Modernization Apple Valley MN 800,000
755 Bottineau LRT Project Minneapolis to Brooklyn Park MN 20,000,000
10,000,000
10,000,000
756 Burnsville Bus Garage Modernization Burnsville MN 2,400,000
757 City of Wabasha Highway 60 Realignment Wabasha MN 3,975,000
758 E-Line Bus Rapid Transit (BRT) Minneapolis to Edina MN 5,000,000
2,500,000
2,500,000
759 F-Line Bus Rapid Transit (BRT) Columbia Heights MN 4,500,000
760 Goodhue County CSAH 2 Bridge Replacement Red Wing MN 640,000
761 I–35/CSAH 50 Interchange Preliminary Engineering Lakeville MN 700,000
ctelli on DSK11ZRN23PROD with HOUSE
762 I–94 Expansion St. Paul MN 20,000,000
763 Kellogg-Third Street Bridge St. Paul MN 7,500,000
764 Pedestrian Bridge Over I–94 Minneapolis MN 3,000,000
765 Reconnect Rondo Land Bridge Saint Paul MN 5,200,000
766 Rice Street Revitalization Project Saint Paul MN 6,864,000
767 University of Minnesota Arboretum Access and Egress Chaska MN 5,840,000
Improvements
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H3358 CONGRESSIONAL RECORD — HOUSE June 30, 2021
No. Project Name City State/Territory Amount
768 US 169/TH 282/ CH 9 Interchange Project Jordan MN 2,300,000
769 US Highway 8 Reconstruction Chisago City, Wyoming, Forest MN 20,000,000
Lake
770 Veterans Memorial Greenway Eagan MN 5,000,000
771 Adding signing and striping for wrong way counter- St. Louis MO 708,800
measures at various ramp locations throughout the St.
Louis District
772 Bridge improvement and widening over Elkhorn Creek Montgomery County MO 720,000
1.6 miles south of Rte. CC near Buell
773 Bridge Rehab at Pitman Ave, I–70, and I–64 in Wentzville MO 3,088,000
Wentzville
774 Bridge Rehabilitation and Pavement Repairs St. Louis MO 2,576,000
775 Chadwick Flyer Central Greenway Trail Springfield MO 4,000,000
776 Cliffs Drive State Scenic Byway Improvements Kansas City MO 2,160,000
777 Downtown Odessa Infrastructure Improvements Odessa MO 900,000
778 Expand I–44 to 6 lanes in the Springfield area Springfield MO 1,800,000
779 Grand Street Pedestrian Underpass and Streetscape Im- Springfield MO 3,000,000
provements
780 Hydraulic Study for causeway north of Washington Washington MO 240,000
781 I–44: Bridge rehabilitation over Gasconade overflow. Laclede County MO 331,200
Project involves bridge L0753
782 I–70: Bridge improvements over Chouteau Creek. Project Cooper County MO 246,400
involves bridge A5118 and A5119
783 Improve bridge conditions at Rt. C in Audrain County Audrain County MO 548,800
784 Improve pavement condition Rt. BB Randolph County Randolph County MO 600,800
785 Improve pavement condition Rt. K Randolph County Randolph County MO 763,200
786 Interstate 35 and 19th Street Interchange Kearney MO 5,500,000
787 Jazz District Pedestrian Plaza at 18th & Vine Kansas City MO 6,000,000
788 Kansas City Regional Zero Emission Electric Bus Pro- Kansas City MO 10,500,000
gram
6,000,000
4,500,000
789 Little Blue Trace—Rock Island Trail Connector Kansas City MO 500,000
790 MM Highway Expansion from I–44 to US 60 Republic MO 3,200,000
791 MO 100: Bridge improvements over Cedar Creek Project Osage County MO 917,600
involves A1848
792 MO 100: Upgrade pedestrian facilities to comply with St. Louis MO 2,500,000
ADA Transition Plan and pavement resurfacing from
Rte. 61 to Big Bend Blvd, bridge replacement over
Black Creek, signal replacement
793 MO 127: Bridge rehabilitation over Basin Fork Creek 0.6 Pettis County MO 786,400
mile south of Dove Road and 0.7 mile north of Chaney
Road. Project involves bridge X0439
794 MO 13: Add turn lanes at the intersection of Rte. E Johnson County MO 425,600
795 MO 13: Pavement improvements on the southbound St. Clair County MO 748,800
lanes from SE 1100 Road to NE 201 Road
796 MO 19: I–70 to Hermann add shoulders Montgomery County MO 880,000
797 MO 23: Add turn lanes at the intersection of Rte. D Johnson County MO 395,200
798 MO 254: Pavement improvements from Route 64 to Route Hermitage MO 440,000
54 in Hermitage.
799 MO 38: Pavement resurfacing from Rte. J to west of Rte. Webster County MO 676,800
CC.
800 MO 47: Engineering for pavement improvements from H Troy and Hawk Point MO 925,600
to A.
801 MO 7: Bridge Rehabilitation over Truman Lake. Project Benton County MO 96,000
involves bridge A3465
802 MO 89: Pavement improvements from Rte. 50 to Rte. E Rte. 50 to Rte. E in Osage MO 2,833,600
County
803 MO94 Bridge over Treloar Creek Bridge Warren County MO 640,800
804 North Baltimore (Business 63) Improvements Kirksville MO 955,294
805 OR 70: Bridge replacement over Little Cedar Creek. Boone County MO 852,800
Project involves bridge N0974
806 Pavement improvements and add rumblestripes from I–44 Pulaski County MO 2,656,000
outer road to end of state maintenance, Rte. W from
Rte. 7 to end of state maintenance, and Rte. O from
Rte. 28 to end of state maintenance.
807 Payment to St. Robert to add sidewalks and upgrade sig- St. Robert MO 547,200
nalized intersection at St. Robert Boulevard in St.
Robert
808 Raum Road Bridge Replacement Lawson MO 3,128,000
809 Riverway Boulevard Reconstruction Riverside MO 3,200,000
810 RT 18: Pavement improvements from Rte. Y to I–49 in Adrian MO 1,586,400
Adrian and on Loop 49 from Passaic to Rte. 52 in But-
ler.
811 RT A: Bridge replacement over Enon Creek. Project in- Moniteau County MO 1,091,200
volves bridge K0851
812 RT A: Bridge replacement over Moreau Creek. Project Cole County MO 545,600
involves R0235
ctelli on DSK11ZRN23PROD with HOUSE
813 RT J: Bridge rehabilitation over Young Branch, 0.1 mile Peculiar MO 555,200
south of 217th Street and 0.4 mile northeast of Branic
Drive in Peculiar. Project involves bridge A2331
814 RT J: Bridge removal over the Niangua River. Project Camden County MO 204,800
involves bridge S0391
815 RT K: Pavement improvements from I–49 to County Nevada MO 448,000
Road 1800 near Nevada.
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3359
No. Project Name City State/Territory Amount
816 RT PP: Pavement improvements from Route C in Rose- Roseland MO 453,600
land to Route 7 in Tightwad
817 RT T: Pavement improvements and add rumblestripes Morgan County MO 3,020,000
from Rte. 52 to Rte. 135 and from Rte. 135 to the end of
state maintenance
818 RT. K bridge replacement over Dry Fork Creek Bridge Montgomery County MO 965,600
819 Study to determine base stability and flood resiliency McKittrick MO 80,000
near McKitrick
820 Updated study for RR overpass near High Hill High Hill MO 1,600,000
821 Upgrade pedestrian facilities to comply with the ADA Windsor MO 140,800
Transition Plan on Rte. 2 from Chisman Street to Rte.
52 in Windsor and on Rte. Y from Rte. 52 to Wall
Street in Windsor
822 US 160: Pavement improvements from I–49 in Lamar Lamar MO 609,600
Heights to County Road 30th Lane east of Lamar.
823 US 50: Reconstruct concrete pavement from Rte. EE to Rte. EE to Independence Road MO 2,800,000
Independence Rd. in Franklin County
824 US 50: Reconstruct pavement from Rte. Y to Rte. C Rte. Y to Rte. C in Franklin MO 2,640,000
County
825 US 54: Study for updated scope & estimate for shared 4– Louisiana MO 800,000
lane from Mexico to Louisiana
400,000
400,000
826 US60 and Route 125 Interchange Rogersville MO 5,250,000
827 US65: Pavement improvements from the Osage River in Warsaw MO 1,049,600
Warsaw to 0.4 mile south of Rte. MM.
828 West Florissant Avenue Great Streets Ferguson, Dellwood, and Jen- MO 10,000,000
nings
829 A/E Design for the Fixed Route Bus Stops Saipan MP 300,000
830 Construction of Bus Transfer Stations at the Northern Saipan MP 900,000
Marianas College, Paseo De Marianas and Kagman
831 Construction of the Commonwealth Office of Transit Saipan MP 3,000,000
Authority Covered Bus Parking Facility
832 Design and Construction of the Rota Transit Mainte- Rota MP 520,000
nance Facility
833 Design and Construction of Tinian Transit Maintenance Tinian MP 520,000
Facility
834 Procurement of Four (4) Rolling Stocks for Rota and Rota and Tinian MP 480,000
Tinian Demand Responsive Services
835 Route 10 Drainage Improvements and Road Overlay Rota MP 2,000,000
836 Route 205 Road and Drainage Improvements Tinian MP 2,000,000
837 Route 30 (Chalan Pale Arnold) Safety Improvements Saipan MP 2,000,000
838 Route 302 (Naftan Road) Improvements Saipan MP 2,000,000
839 Supply and Installation of 187 Bus Stop Shelters Saipan MP 4,500,000
840 Supply of Maintenance Equipment & Tools for the Saipan MP 400,000
COTA Maintenance Facility
841 Bulldog Way Extended Improvements Starkville MS 3,360,000
842 Jackson Point Road Bridge Wilkinson County MS 4,000,000
843 Mississippi Band of Choctaw Indians Multi-Road Over- Choctaw MS 2,653,195
lay Project
844 Morgantown Road Safety Improvements Natchez MS 2,400,000
845 Bozeman Segment One—Reunion Access Network Madison MS 4,000,000
846 Airport Boulevard Sidewalk Morrisville NC 208,000
847 Atlantic & Yadkin Greenway, Phase 2 Greensboro NC 6,400,000
848 Avent Ferry Road Realignment Holly Springs NC 1,000,000
849 B–5871 Replace Bridge no. 628 Over Lake Lure 5250. Lake Lure NC 8,000,000
Dam and Broad River
850 Black Creek Greenway Cary NC 4,984,800
851 Bryant Bridge North/Goose Creek West Trail Durham NC 2,320,000
852 Bus Replacement Funding for Triangle Transit Systems Chapel Hill NC 8,000,000
853 CATS Battery Electric Bus Fleet Transition Charlotte NC 8,000,000
854 Downtown Pedestrian Bridge Rocky Mount NC 4,000,000
855 Duke Beltline Trail Durham NC 7,726,000
856 EB–5753 Baldwin Avenue Sidewalk Project Marion NC 349,600
857 Electric buses and charging infrastructure, City of Greensboro NC 2,759,000
Greensboro
858 Festival Street Cornelius NC 2,200,000
859 Fuquay-Varina Townwide ITS/Signal System Fuquay-Varina NC 2,560,000
860 GoRaleigh/GoWake Coordinated ADA Paratransit Facil- Raleigh NC 9,000,000
ity
861 Greenville Bridge Repair and Replacement Greenville NC 2,851,200
862 Hanging Dog Bridge Murphy NC 1,676,000
863 High Point Heritage Greenway—Phase 1 High Point NC 4,000,000
864 Jonathan Creek Safety Project Maggie Valley NC 160,000
865 Military Cutoff Road (US 17)/Eastwood Road (US 74) Wilmington NC 3,840,000
Interchange (Drysdale Drive Extension)
866 N. Fork Coweeta Creek Bridge Replacement Otta NC 452,000
867 Pender Street Pedestrian Improvement, Infrastructure Wilson NC 8,400,000
ctelli on DSK11ZRN23PROD with HOUSE
Repair, and Resurfacing
868 RIDE- Rural Microtransit Wilson NC 2,000,000
869 Silas Creek Parkway Sidewalk Winston-Salem NC 4,533,600
870 South Tar River Greenway Greenville NC 1,775,000
871 Streetlighting on High Injury Network Charlotte NC 8,000,000
872 Transit Bus Stop Improvements Chapel Hill NC 900,000
873 US 19/129 Road Improvements Murphy NC 3,851,000
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H3360 CONGRESSIONAL RECORD — HOUSE June 30, 2021
No. Project Name City State/Territory Amount
874 US 74/NC 108 Interchange Columbus NC 1,000,000
875 Heartland Expressway Phase III Minatare NE 10,000,000
876 Signal System Master Plan Accelerated Implementation Omaha NE 20,000,000
877 US–275 Norfolk to Wisner Norfolk to Wisner NE 20,000,000
878 Ashuelot-Trail Cheshire Trail (42511) Swanzey NH 1,200,000
879 Bedford 40664—U.S. 3 Widening from Hawthorne Drive Bedford NH 4,980,000
North to Manchester Airport Access Road
880 Claremont Intersection Improvements (13428) Claremont NH 1,000,000
881 Conway Phase II Pathway Conway NH 1,656,000
882 Derry Rail Trail (Folsom Rd to Londonderry town line) Derry NH 792,000
883 George Street Bridge (40653) Keene NH 729,191
884 Gorham Sidewalk (Route 2 (Lancaster Rd)) Gorham NH 898,196
885 Heritage Rail Trail East Nashua NH 1,200,000
886 Littleton Sidewalk Project (41362) Littleton NH 710,159
887 Loudon Intersection Improvements (40632) Loudon NH 2,347,256
888 Malboro Street Cheshire Rail Trail (42515) Keene NH 681,123
889 Maplewood Avenue Complete Streets Portsmouth NH 2,804,300
890 Merrimack River Greenway Concord NH 1,584,800
891 Multi-use Path Connecting Warner Village to Exit 9 Warner NH 920,000
Business Area
892 NH 128 and Sherburne Road and Mammoth and 111A Pelham NH 1,240,000
893 Pedestrian Bridge Crossing Granite Street Manchester NH 3,360,000
894 Plymouth Sidewalk Project Plymouth NH 414,000
895 Reconstruct Mechanic St / High St / Mascoma St Inter- Lebanon NH 2,400,000
section (4094)
896 Rt 11 Safety and Capacity Improvements Rochester NH 5,664,000
897 Spruce Street Connector Nashua NH 1,000,000
898 Trestle Bridge—Mill City Park Trail Franklin NH 1,200,000
899 Waterville Valley Pedestrian Improvements Waterville Valley NH 948,110
900 Whitefield Sidewalk Project Whitefield NH 396,704
901 Berkshire Valley Road Truck Circulation Project Kenvil (Roxbury Township) NJ 2,000,000
902 Bloomfield Avenue Roadway Improvements & Traffic West Caldwell, Caldwell, North NJ 10,000,000
Signal Modernization Caldwell, Verona, Montclair,
Glen Ridge, Bloomfield, and
Newark
5,000,000
5,000,000
903 Bloomfield Station Rehabilitation Project Bloomfield NJ 2,000,000
904 Carteret Ferry Terminal Project Carteret NJ 5,625,000
905 City of Passaic Pedestrian Greenway Project Passaic NJ 883,432
906 Construction of Pedestrian Bridge on Columbia Trail Long Valley (Washington NJ 1,000,000
(Relocation of Openaki Bridge Truss) Township)
907 Cranford Station Rehabilitation Project Cranford NJ 1,120,000
908 Dennisville Petersburg Road (CR 610) Resurfacing Im- Dennis Township NJ 1,640,000
provements
909 Dunellen Bikeway and Pedestrian Safety Improvements Dunellen NJ 475,723
910 East Orange Train Station East Orange NJ 800,000
911 Enhanced Laydown Area for Offshore Wind Industry, Paulsboro NJ 4,750,000
Paulsboro Marine Terminal
912 Freehold’s Parking Improvement project Freehold Borough NJ 557,716
913 Great Falls Gateway Phase II Paterson NJ 972,000
914 Hackettstown Mobility Improvement Hackettstown NJ 4,712,000
915 Hamilton Street Plaza Project Bound Brook NJ 1,760,000
916 Hand Avenue (CR–658) Bridge Over Skeeter Island Creek Middle Township NJ 1,310,000
917 Highlands Rail Trail Phase II Wanaque NJ 800,000
918 Hudson County’s County Avenue Reconstruction Secaucus NJ 1,400,000
919 Irvington Avenue Sidewalks and Streetscape Improve- South Orange NJ 2,750,000
ments
920 Jackson Avenue/Riverside Avenue Improvements Project Rutherford NJ 250,000
921 Kingsland Avenue Bridge Replacement Project Lyndhurst and Nutley NJ 5,000,000
922 Koleda Park Improvement Project Middletown NJ 800,000
923 Lackawanna Cut-off Culvert Relocation Byram NJ 1,600,000
924 Lincoln Avenue Drainage Improvements Project Elizabeth NJ 2,080,000
925 Long Branch Intermodal Station Project Long Branch NJ 13,000,000
926 McBride Avenue Roundabout Project Woodland Park NJ 960,000
927 Mercer County Bus Purchase West Trenton NJ 732,000
928 Mercer County Electric Vehicles and Electric Vehicle Trenton NJ 454,500
Charging Stations
929 Mercer County Roadway Safety Improvements Mercer County NJ 640,000
930 Newark Broad Street Signal Optimization Newark NJ 1,650,000
931 North Broad Street Redevelopment Project Newark NJ 1,200,000
932 Ocean Drive (CR621) Upgrades and Bridge Improve- Lower Township NJ 7,000,000
ments
933 Parkside Neighborhood School and Pedestrian Traffic Camden NJ 6,000,000
Safety
934 Passaic Bus Terminal Canopy Passaic NJ 1,600,000
935 Patriots Way Bridge Superstructure Replacement Oakland NJ 4,184,830
936 Pedestrian Bridge at the Great Falls National Historical Paterson NJ 1,000,000
ctelli on DSK11ZRN23PROD with HOUSE
Park
937 Pedestrian Improvement for Metro Park Township of Woodbridge NJ 1,250,000
938 Permanent Ferry Terminal Peninsula Project Bayonne NJ 4,321,600
939 Pleasant Avenue & Park Avenue / Pedestrian & Vehic- Weehawken NJ 7,520,000
ular Safety Improvements & Restoration Project
940 Point Pleasant Beach Channel Drive ADA Compliance Point Pleasant Beach Borough NJ 1,399,785
Upgrade and Surface Revitalization project
VerDate Sep 11 2014 08:42 Jul 01, 2021 Jkt 019060 PO 00000 Frm 00050 Fmt 0636 Sfmt 6333 E:\CR\FM\A30JN7.009 H30JNPT1
June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3361
No. Project Name City State/Territory Amount
941 Pompton River Rail Bridge (Pequannock Valley Pedes- Township of Pequannock, Mor- NJ 1,500,000
trian Trail) Substructure Repair ris County, and Township of
Wayne, Passaic County
942 Reconstruction of Pedestrian Bridges over Cole Drive Bridgewater NJ 1,280,000
(Bridgewater Train Station)
943 Replacement of Morris County Bridge 1400–433 on Montville/Pine Brooke NJ 2,000,000
Bloomfield Avenue over a Tributary to Passaic River
in the Township of Montville, Morris County
944 Replacement of Morris County Bridge 1400–935 on Denville NJ 1,000,000
Lenape Island Road over Indian Lake in the Town-
ship of Denville, Morris County
945 River Road Overpass West New York NJ 5,200,000
946 River Road Subsurface Soil Stabilization Edgewater NJ 1,760,000
947 Roadway Rehabilitation East Atlantic Avenue CR727 Somerdale, Hi-Nella, Stratford NJ 1,500,000
948 Roadway Rehabilitation Evesham Road, CR 544 Lawnside, Magnolia, NJ 2,500,000
Somerdale, Cherry Hill,
Voorhees
949 Roadway Rehabilitation Haddon Ave. CR561 Haddon Township, Collings- NJ 3,000,000
wood
950 Roadway Rehabilitation Red Bank Avenue CR644 Woodbury NJ 1,765,000
951 Route 202, First Avenue Intersection Improvements – Raritan NJ 3,340,685
Right of Way Acquisitions
952 Route 29 Tunnel Ventilation System Trenton NJ 2,400,000
953 Route 33 Bridge Over Millstone River Millstone Township NJ 3,640,000
954 Route 35 Bridge Over the North Branch of Wreck Pond Wall NJ 3,736,000
955 Route 55/Route 47 Interchange Millville NJ 9,250,000
956 Seaside Heights Boardwalk Replacement Seaside Heights NJ 400,000
957 Shaler Boulevard Streetscape Project Ridgefield NJ 250,000
958 Skyline Drive Bicycle and Pedestrian Bridge Ringwood NJ 800,000
959 South Orange Avenue Streetscape Improvement Project Newark NJ 4,000,000
960 Study & Engineering Design for the Rehabilitation or Hopatcong NJ 2,360,000
Replacement of Sussex County Bridge K-03 in the Bor-
ough of Hopatcong
961 Sussex County Guide Rail Upgrade Program Frankford and Wantage NJ 1,000,000
962 Sussex County Skylands Ride Capital Project Hamburg NJ 400,000
963 Teaneck Pedestrian Overpass Replacement Teaneck NJ 4,000,000
964 Tenafly Roadway Resurface & Improvements Borough of Tenafly NJ 1,545,000
965 The County Road 539 Overpass Project Plumstead NJ 8,000,000
7,000,000
1,000,000
966 Traffic Signal Optimization/Adaptive Signals Along Newark NJ 1,600,000
McCarter Highway (Route 21)
967 U.S. Route 130/Delaware Avenue/Florence Columbus Florence Township NJ 17,320,000
Road Intersection Improvements
968 Union County Structurally Deficient Bridge Initiative – Union Township NJ 400,000
Allen Ave. Bridge, Township of Union
969 Union County Structurally Deficient Bridge Initiative – Kenilworth NJ 600,000
Faitoute Ave. Bridge, Kenilworth
970 Union County Structurally Deficient Bridge Initiative— Summit NJ 600,000
High Street Bridge
971 Union County Structurally Deficient Bridge Initiative – Summit NJ 760,000
Oakland Place Bridge
972 Union County Structurally Deficient Bridge Initiative – Summit NJ 800,000
Pine Grove Avenue Bridge
973 Union County Structurally Deficient Bridge Initiative – Summit NJ 600,000
Shunpike Road Bridge
974 Union County Structurally Deficient Bridge Initiative— Cranford NJ 800,000
Spring Garden Bridge, Cranford
975 West County Drive (CR 646) Extension Township of Branchburg NJ 6,493,600
976 West Milford Bikeway Connector Project West Milford NJ 536,000
977 Willingboro EV Charging Stations Willingboro NJ 800,000
978 Woodbine Bikeway and Trailhead Improvements Borough of Woodbine NJ 800,000
979 Arroyo De Los Chamisos Crossing Santa Fe NM 4,900,000
980 Coal Avenue Commons ‘‘Event Street’’ Gallup NM 3,500,000
981 County Road 43—Superman Canyon Bridges McKinley County—Churchrock NM 4,500,000
Chapter
982 Foothills Drive Enhancement Phase III Farmington NM 1,324,800
983 Kilgore Street Improvements Portales NM 2,079,000
984 Rio Lucero Road Improvement Project Taos Pueblo NM 3,048,910
985 Wild Rose Road (Route #670) and Pedestrian Improve- Santa Clara Pueblo NM 618,000
ment Project
986 Arlington Avenue Bridges Project Reno NV 6,000,000
987 Charleston Boulevard Underpass Las Vegas NV 7,000,000
988 Charleston Park Avenue Reconstruction Project Pahrump NV 1,552,079
989 Coleman Road Expansion Fallon NV 5,000,000
990 Hydrogen Fuel Cell Bus and Fuel Site Project Reno NV 5,240,000
991 I–15 South Package 2—Sloan to Blue Diamond Las Vegas NV 5,000,000
992 Maryland Parkway Bus Rapid Transit Zero Emission Las Vegas NV 5,000,000
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Fleet
993 North Las Vegas Street Light Conversion North Las Vegas NV 12,000,000
994 Rancho Drive Complete Streets Improvements Las Vegas NV 3,000,000
995 SR28 Central Corridor Sand Harbor to Spooner—Secret Carson City NV 1,760,000
Harbor to Skunk Harbor Trail, Parking and Safety
Improvements
996 William Street Complete Streets Project Carson City NV 2,000,000
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H3362 CONGRESSIONAL RECORD — HOUSE June 30, 2021
No. Project Name City State/Territory Amount
997 ADA: Classon Ave / Crosstown Line (G Train) Brooklyn NY 5,000,000
998 ADA: Forest Hills Platform Extensions & Elevators Queens NY 16,910,000
999 ADA: Parkchester-E.177 St / Pelham Line (6 Train) Bronx NY 15,000,000
1000 Asharoken Avenue Northport NY 800,000
1001 Bannister Creek Bridge Rehabilitation Lawrence NY 4,940,000
1002 Basher Pedestrian Bridge Rehabilitation Tarrytown NY 494,400
1003 Bayville Bridge Bayville NY 14,489,446
1004 Bridge Repair/Safety Assurance, Westchester County Tarrytown NY 1,096,395
1005 Bridge Replacement of CR46 (William Floyd Parkway) Brookhaven NY 7,200,000
over Narrow Bay
1006 Broadway Junction Improvements Phase 1, Brooklyn, Brooklyn NY 8,000,000
NY, 8th Congressional District
1007 City of Poughkeepsie Market Street Connectivity ProjectPoughkeepsie NY 2,400,000
1008 Concrete Pavement Rehabilitation I–495 Brookhaven NY 7,998,048
1009 County Route 7&8—RTE 299 Roadway Repaving Towns of New Paltz and Gar- NY 3,600,000
diner
1010 Craig Street Corridor Project Schenectady NY 2,700,000
1011 Del Valle Square/Crames Square Traffic, Safety, and Bronx NY 4,870,000
Plaza Improvements
1012 DL&W Station Buffalo NY 5,000,000
1013 Electric Bus Charging Facility Rochester NY 800,000
1014 Elmwood Avenue Multiuse Corridor Improvement Rochester NY 8,596,000
1015 Griswold Road over Murder Creek Bridge Replacement Darien NY 1,203,200
1016 Half Moon Bay Bridge Reconstruction Project Croton-on-Hudson NY 1,500,000
1017 Heritage Trail Extension: Hartley Road to Downtown Town of Goshen NY 500,000
Middletown (Segment 2)
1018 High Line Connections—Hudson River Park / Javits New York NY 5,000,000
Center Connection
1019 Highland Avenue over Wallace Street Otisville NY 1,250,000
1020 Highway and Pedestrian Safety Infrastructure Improve- Kiryas Joel NY 1,380,000
ments
1021 Highway Improvements to the Interval Avenue Area, Oyster Bay NY 1,000,000
Farmingdale
1022 Hudson Highlands Fjord Trail Beacon NY 4,350,000
1023 Hudson Line Tunnels Peekskill NY 4,550,000
1024 I–84/Route 9D Connectivity (Beacon-Fishkill) Beacon and Town of Fishkill NY 400,000
1025 Improvements to East Lincoln Avenue, Riverdale Oyster Bay NY 1,000,000
Avnenue and Pirates Cove, Massapequa
1026 Inner Loop North Transformation Project Rochester NY 4,000,000
1027 Lake St. Bridge Project Newburgh NY 1,750,000
1028 Lake to Lake Road Bridge Replacement Town of Gorham NY 1,464,000
1029 Level 2 EV Charging Network in NYCDOT Municipal Queens NY 734,400
Parking Facilities
1030 Little Bay Park Promenade Bayside NY 1,000,000
1031 Long Beach Road Improvements, South Hempstead, NY Rockville Centre NY 4,780,000
1032 Multi-Modal Phase I/Pedestrian Connector Project Amsterdam NY 4,500,000
1033 Newburgh Ferry Landing Pier Newburgh NY 4,000,000
1034 Northport Flooding on Main St. Northport NY 1,392,000
1035 Northwest Bronx School Safety Improvement Project Bronx NY 2,331,000
1036 NY 146 and NY146A Bicycle & Pedestrian Access Im- Clifton Park NY 1,055,000
provements
1037 NYS Route 133 Bike Lane Ossining NY 1,500,000
1038 Onondaga Lake Canalways Trail—Salina Extension Syracuse NY 8,000,000
Project
1039 Orange-Dutchess Transportation Access and Mobility Goshen NY 400,000
Study
1040 Outer Harbor Multi-Use Trails Buffalo NY 2,000,000
1041 Park Ave—Ingersoll Houses Safety Improvements Brooklyn NY 1,942,000
1042 Perry Road (CR 64) Highway Rehabilitation Mt. Morris NY 1,440,000
1043 Phase 1 of the New York State Route 38 – State Street Auburn NY 2,778,400
Pavement Preservation Project
1044 Preventative Maintenance Pavement from Route 67/ Town of Johnstown & NY 3,394,752
Route 10 Ephratah to Johnstown City Line Ephratah
1045 Purchase of Eight Electric Buses for Use in Emerging Albany NY 6,000,000
Markets – Montgomery County
1046 Putnam County’s Donald B. Smith Transit Hub Carmel NY 1,500,000
1047 Rapids Road Highway Improvements Lockport NY 4,000,000
1048 Reconstruction of Osborne Street Auburn NY 4,407,200
1049 Reconstruction of the Intersection of Rt 7, Rt 23 and Oneonta NY 3,200,000
Maple St in Oneonta into Roundabout Configuration
1050 Replacement of the Bridge Street Bridge over Schoharie Schoharie NY 6,254,400
Creek
1051 Restoration of Van Cortlandt Manor Entrance Road Croton-on-Hudson NY 600,000
Project
1052 Riverside Drive Pedestrian Mall New York NY 2,400,000
1053 Rose Road over Bowen Creek Bridge Replacement Batavia NY 1,033,600
1054 Route 104 Intersection Improvement Project Ontario NY 1,254,400
1055 Route 2 Multi-Modal Connectivity Project Troy NY 5,700,000
1056 Route 28/South Inlet Lake Town of Arietta NY 6,621,248
ctelli on DSK11ZRN23PROD with HOUSE
1057 Route 31 Improvement Project Wayne County NY 2,970,400
1058 RT 12E/ Chaumont River Village of Chaumont NY 9,984,000
1059 Safe and Accessible Midtown Kingston Kingston NY 6,053,818
1060 Safe Passage for CRCS Students Cuba NY 1,472,000
1061 Safe Routes to School- Bronx NY 1,682,000
Bronx
(HWCSCH4D)
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3363
No. Project Name City State/Territory Amount
1062 Safe Routes to School—Manhattan (HWCSCHMN) New York NY 3,643,000
1063 Safe Routes to Transit 86th Street Brooklyn NY 2,516,000
1064 Sands Point Preserve Bridge Village of Sands Point NY 1,784,000
1065 Sharp Road (CR 181) over Spring Brook Bridge Replace- Concord NY 1,400,000
ment
1066 Shoreline Trail Lackawanna and Hamburg NY 2,000,000
1067 Southeast Queens Flooding Relief Queens NY 3,859,000
1068 Street Restoration in Brooklyn—Hancock St, Bushwick Brooklyn NY 4,884,000
Ave, Hill St, E 80th St
1069 The Maiden Lane Rehabilitation Project Greece NY 6,604,000
1070 The New Rochelle LINC Project New Rochelle NY 13,000,000
1071 The Riverline Buffalo NY 10,500,000
1072 Twin Cities Highway Complete Streets Tonawanda and North Tona- NY 500,000
wanda
1073 Ulster County Electric Bus Charging Infrastructure Kingston NY 800,000
1074 Union Turnpike Center Median Replacement Queens NY 2,355,200
1075 Van Wyck Expressway Access Improvement to John F. Queens NY 16,141,000
Kennedy Airport
1076 Victor Traffic Mitigation Project Victor NY 9,920,000
1077 Village of Ossining Route 9 Road Diet Project Ossining NY 1,000,000
1078 Water Street Rejuvenation Project Elmira NY 1,289,400
1079 West Broadway Rehabilitation Woodmere to Cedarhurst NY 9,670,000
1080 West Lake Road (CR 3) Preventative Maintenance Perry NY 931,478
1081 Williams Bridge Station Renewal Bronx NY 14,675,000
1082 Yonkers Greenway Yonkers NY 1,791,600
1083 11th Street Reconstruction Project Canton OH 1,500,000
1084 Arlington Road Corridor Green OH 5,578,551
1085 Bagley Road Reconstruction North Ridgeville OH 1,500,000
1086 BRO–32–4.16 Mt. Orab OH 10,000,000
1087 Cherry Rd Bridges Rehabilitation Massillon OH 1,480,000
1088 CLE CR 3 – Aicholtz Road Roundabouts Cincinnati OH 2,000,000
1089 CLE SR32–2.33 – CLE CR55 Overpass Batavia OH 1,500,000
1090 Cleveland Avenue Multimodal Facility Project Westerville OH 800,000
1091 Columbia Road—I–90 Interchange Westlake OH 1,900,000
1092 E. Main Street (SR153) & Nickel Plate Intersection Im- Louisville OH 1,200,000
provement
1093 East Dayton Rails-to-Trails (Flight Line) Dayton OH 2,000,000
1094 Easton Street/GlenOak HS Intersection Improvements Canton OH 575,000
1095 Electric Trolley Power Distribution System Dayton OH 3,600,000
1096 French Creek Greenway Phase 1 Avon OH 595,637
1097 Gaysport Bridge Replacement Project Philo OH 3,000,000
1098 HAM–75–1.95 Cincinnati OH 8,640,000
4,320,000
4,320,000
1099 Hydrogen Infrastructure Tank Increase Canton OH 1,000,000
1100 Interchange Construction Project on I–71 at Sunbury Sunbury OH 3,000,000
Parkway
1101 Kungle Road Culvert Replacement Norton OH 308,000
1102 LUC IR 475 @ US 20A Interchange Lucas County OH 10,000,000
1103 Main Street Corridor Improvement Plan Mansfield OH 2,000,000
1104 Miller Road—I77 Interchange Brecksville OH 12,000,000
1105 Olmsted Falls Columbia Rd. Olmsted Falls OH 1,900,000
1106 Pearl Road Brunswick Brunswick OH 2,718,700
1107 Pearl Road Improvements Brunswick OH 1,500,000
1108 River Styx Road/SR 162 Intersection Roundabout Montville Township OH 3,200,000
1109 Sprague Road Widening Parma Parma OH 800,000
1110 SR283 Capacity Improvements Mentor OH 3,148,000
1111 Stark County CR–224 North Canton OH 350,000
1112 State Route 13 Relocation Mount Vernon OH 1,900,405
1113 State Route 254 & State Route 83 Intersection Improve- Avon OH 1,500,000
ment
1114 Study and Design of ATB 531 Ashtabula OH 2,400,000
1115 The Point Intersection—US 36/SR 37 Delaware OH 4,000,000
1116 Thornwood Crossing Project Newark OH 5,000,000
1117 U.S. Route 30—East Canton Expansion East Canton OH 1,500,000
1118 US–422 Harper Road Interchange Solon OH 2,414,288
1119 W. Tuscarawas Street Safety Corridor Project Canton OH 1,000,000
1120 Wadsworth Streetscape Wadsworth OH 2,500,000
1121 Wayne CR–30 Resurfacing project Wooster OH 1,219,962
1122 West Creek Greenway Parma OH 2,720,000
1123 Western Hills Viaduct Replacement Project Cincinnati OH 15,000,000
1124 Bobcat Way: Transformation of Fairview Avenue Grandview Heights OH 1,000,000
1125 Broad Street and James Road Intersection Columbus OH 1,000,000
1126 Cherry Bottom Road Emergency Stabilization Gahanna OH 860,000
1127 City of Akron—North Main Street Complete Streets Akron OH 4,000,000
Project
1128 Cleveland Hopkins Airport Master Plan Interstate Ac- Cleveland OH 2,000,000
cess Improvement Project
ctelli on DSK11ZRN23PROD with HOUSE
1129 Cuyahoga Falls—Gorge Terrace Street Transformation City of Cuyahoga Falls OH 7,200,000
Project
1130 Eastgate—State Route 46 and Warren-Sharon Road Howland Township OH 4,000,000
Intersection Safety Improvements
1131 Ferris Road Corridor Columbus OH 2,000,000
1132 Hiawatha Park Drive Urban Greenway Columbus OH 1,000,000
1133 Hudson Street and Greenway Trail Columbus OH 1,000,000
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H3364 CONGRESSIONAL RECORD — HOUSE June 30, 2021
No. Project Name City State/Territory Amount
1134 Jackson Street/ Civic Center Mall Corridor-Lucas Coun- Toledo OH 4,000,000
ty
1135 Life and Safety Facility Upgrades, TARTA M&O Facil- Toledo OH 4,000,000
ity
1136 Lorain County Lakefront Connectivity Project Lorain Ohio OH 4,000,000
1137 Mahoning Avenue Industrial Corridor Upgrade Jackson Township OH 4,000,000
1138 Multimodal Lakefront Access, Cuyahoga County, Ohio City of Cleveland Boundary, OH 2,000,000
including Bay Village, Rocky
River, and Lakewood
1139 Operation Safewalks – Refugee Road Columbus OH 2,000,000
1140 Reynoldsburg East Main Phase II Reynoldsburg OH 1,585,000
1141 Reynoldsburg Park & Ride Reynoldsburg OH 500,000
1142 Rickenbacker Area Access—Northbound Bridge Project Columbus OH 5,000,000
1143 Rickenbacker Area Mobility Center (RAMC) Columbus OH 3,000,000
1144 Sandusky Bay Pathway Sandusky OH 4,000,000
1145 Bridges on Interstate 35 at Interchanges between Memo- Edmond OK 10,000,000
rial and 2nd Street
1146 I–35 Widening in Love County Love County OK 17,120,000
1147 I35/I240 Interchange Oklahoma City OK 10,000,000
1148 I–40 and Exit 65 in Clinton Clinton OK 3,250,000
1149 S.E. 29th Street Bridge Replacement & Repair Project Midwest City OK 2,880,000
1150 SH30 from SH33 N. 2 miles in Roger Mills Co Durham OK 2,000,000
1151 SH–33 from Blaine County line east to SH–74 Kingfisher OK 3,250,000
1152 US–270 between Watonga and Seiling Watonga OK 3,250,000
1153 US–287 from Boise City north to Colorado (Ports-to- Boise City OK 3,250,000
Plains Corridor)
1154 181st Safety Improvements Gresham OR 4,000,000
1155 82nd Avenue Safety Projects Portland OR 5,000,000
1156 Albany Transit Operations Facility Albany OR 1,563,978
1157 Beaverton Downtown Loop: Phase 1 Improvements Beaverton OR 4,000,000
1158 Benton Area Transit Vehicle Replacement Corvallis OR 528,000
1159 Corvallis Area Pedestrian Crossing Improvements Corvallis OR 880,000
1160 Georgia Pacific Mill Site Rail-Served Marine Terminal Coos Bay OR 4,500,000
1161 I–5: Aurora-Donald Interchange Improvement Project Aurora OR 20,000,000
1162 Libby Lane Repaving Coos Bay OR 486,400
1163 LTD Electric Bus Replacement Eugene OR 1,844,322
1164 Main Avenue/OR 104 Pedestrian Route Warrenton OR 1,360,000
1165 NW Circle Boulevard Reconstruction/Rehabilitation Corvallis OR 2,800,000
1166 OR18: Newberg-Dundee Bypass Phase 2 (OR219 Section) Newberg OR 8,000,000
1167 River Road—Santa Clara Bicycle and Pedestrian Bridge Eugene OR 1,500,000
1168 Rose Lane / High Crash Corridor – Smart Tech and Safe- Portland OR 5,000,000
ty Improvements – 122nd
1169 Safety and Smart Technology Investments: Central City, Portland OR 4,000,000
Broadway
2,000,000
2,000,000
1170 Siuslaw River Bridge Pedestrian and Bicycle Improve- Florence OR 897,300
ment Project
1171 Territorial Highway Reconstruction Phase 3 Lane County OR 5,000,000
1172 TriMet Zero Emission Bus Infrastructure Portland OR 4,000,000
1173 Tualatin Valley Highway Safety Improvements Cornelius, Hillsboro, unincor- OR 4,000,000
porated Washington County
1174 Amtran Bus Replacement Altoona PA 900,000
1175 Asset Management Phase 1 Washington/North Branch/ PA 2,800,000
Forkston Townships
1176 Bradford Bypass Bradford PA 5,680,000
1177 Bristol Station Improvements Bristol PA 5,000,000
1178 Cambria County Transit Authority (CamTran) Bus Re- Johnstown PA 6,160,000
placements
1179 Crawford Avenue Bridge Rehabilitation Connellsville PA 5,682,180
1180 East Washington Road (PennDOT ID 91768) New Castle PA 3,116,000
1181 East Washington Street Bridge (PennDOT ID 100743) New Castle PA 1,400,000
1182 Johnstown Mainstreet Greenway & Urban Connectivity Johnstown PA 1,500,000
Improvements
1183 Laurel Valley Transportation Improvement Project SR Mt Pleasant and Unity Town- PA 5,000,000
130 to Arnold Palmer Airport ships
1184 Lower State Road Grade Crossing Safety Improvements Philadelphia PA 1,200,000
1185 Marsh Creek Greenway Wellsboro PA 5,000,000
1186 PA Route 26 Jacksonville Road Betterment Bellefonte PA 5,000,000
1187 PA Turnpike / I–95 Interchange Project, Section C Bensalem PA 5,000,000
1188 PA Turnpike / I–95 Interchange Project, Section D30 Bensalem PA 5,000,000
1189 Purchase of 8 Microtransit Vans State College PA 416,000
1190 Route 61 Revitalization Schuykill County PA 15,200,000
1191 Sassafras Street Extension Pedestrian Bridge Erie PA 4,400,000
1192 SR 1001 Farrandsville Road Improvements Woodward Township and Lock PA 1,200,000
Haven
1193 SR 104 over Mahantango Creek Chapman Township PA 1,000,000
1194 SR2027 Speers Bridge Replacement over I–70 Speers Borough PA 5,672,564
1195 SR87 ov Kettle Creek Hillsgrove Township PA 1,040,000
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1196 State Route 68 Corridor Improvements Butler PA 6,630,000
1197 US 422 Bypass Phase 2 Butler, Connoquenessing, and PA 2,454,000
Franklin Townships
1198 US 6: Reynolds St – Baldwin St Ext (Route 6 Highway Meadville PA 2,000,000
Reconstruction)
1199 US Business Route 322 (State Route 3014) Atherton State College PA 5,550,000
Street Section 153 Drainage/Repaving Project
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3365
No. Project Name City State/Territory Amount
1200 Warrensville Road Slide Rehabilitation Williamsport PA 3,360,000
1201 Waynesburg Betterment Waynesburg Borough & Frank- PA 8,000,000
ing Township
1202 69th Street Transportation Center Master Plan Upper Darby PA 1,600,000
1203 Blakely Borough Main Street Corridor Improvement Blakely Borough, Lackwanna PA 1,497,417
Project County
1204 Bridge Replacement 209 & 33 NB over Appenzell Creek Hamilton Township PA 2,000,000
1205 Bushkill Creek Bridge Replacements (2) Carrying State Easton PA 4,000,000
Route 33
1206 Carnegie Station Improvement and Park and Ride Ex- Carnegie PA 9,699,200
pansion
1207 Castor Ave Complete Street Philadelphia PA 3,000,000
1208 Cementon Bridge Replacement carrying State Route 329 Whitehall, Northampton PA 10,000,000
over the Lehigh River
1209 Chestnut Street Pedestrian Safety Islands Philadelphia PA 3,000,000
1210 Cobbs Creek Parkway Multimodal Safety Improvements: Philadelphia PA 2,000,000
Larchwood Avenue to 67th St.
1,200,000
800,000
1211 County of Lackawanna Transit System Transit Facility Scranton PA 5,000,000
Renovation
1212 Crestwood Drive Resurfacing Project Wright Township, Luzerne PA 1,200,000
County
1213 Critical Pedestrian Connections – Public Steps Recon- Pittsburgh PA 5,000,000
struction
1214 Cross County Trail – Germantown Pike Crossing and Plymouth Township PA 4,840,000
Extension
1215 Erie Station (Broad Street Line) Accessibility Improve- Philadelphia PA 7,200,000
ments
3,600,000
3,600,000
1216 Exton Station Intermodal Connectivity Exton PA 4,800,000
1217 Frankford Creek Greenway: Adams Avenue to Bristol Philadelphia PA 2,000,000
Street
1218 Franklin Square Pedestrian and Bicycle Improvement— Philadelphia PA 240,000
7th and Race Specific
1219 Hazleton Buses and Bus Infrastructure Hazleton PA 1,500,000
1220 Hill District Corridor Enhancements Pittsburgh PA 6,000,000
1221 Improvements to Boulevard of the Allies Pittsburgh PA 5,000,000
1222 Kittanning Pike Flood Control O’Hara Township PA 2,200,000
1223 Lower Demunds Road Resurfacing Project Dallas Township, Luzerne PA 1,200,000
County
1224 Main Street Grade Crossing in Darby Borough Darby Borough PA 1,000,000
1225 Mantua Neighborhood Traffic Safety Project (34th St.) Philadelphia PA 4,000,000
1226 Marcus Hook Regional Rail Station Accessibility Im- Marcus Hook PA 11,250,000
provements
1227 Market Place District Improvements Project Moon Township PA 3,100,800
1228 McKees Rocks Bridge McKees Rocks PA 5,000,000
1229 McKeesport—Duquesne Bridge Preservation McKeesport PA 4,000,000
1230 PA 12 West Resurface- 422 Wyomissing Borough PA 4,000,000
1231 Parkside Avenue – Safe Access to Parks Philadelphia PA 4,000,000
1232 Penn Center Transit Gateway Philadelphia PA 3,975,000
1233 PHL Airport Bike Lanes Philadelphia PA 3,000,000
1234 Replacement of SR 590 Bridge over Branch of Ariel Salem Township, Wayne Coun- PA 560,000
Creek ty
1235 Replacement of SR 590 Bridge over Inlet to Finn Swamp Paupack Township, Wayne PA 432,000
County
1236 Roosevelt Boulevard Intersection Improvements Philadelphia PA 1,960,000
1237 Schuylkill Avenue Bridge Reading PA 4,904,036
1238 Second Street Signal Optimization (Lehigh Ave to Cal- Philadelphia PA 2,400,000
lowhill St)
1239 SEPTA Platform Rehabilitation Project at PHL Philadelphia PA 1,205,000
1240 Sleepy Hollow Road Bridge Replacement Butler Township, Luzerne PA 1,200,000
County
1241 South Henderson Road Widening Upper Merion PA 5,000,000
1242 SR 29 & SR 113 Intersection Improvements Perkiomen Township PA 3,676,512
1243 SR 4004—Park Ave, Eagleville Road, Crawford Road Audubon PA 4,745,604
Intersection Realignment Project
1244 State Route 115 Corridor Improvements Effort Chestnuthill Township, Mon- PA 4,000,000
roe County
1245 State Route 590 Paving Project Lackawaxen Township, Pike PA 2,400,000
County
1246 State Route 652 Resurfacing Project Berlin Township, Wayne PA 1,008,000
County
1247 Tilghman Street and State Route 309 Interchange Re- South Whitehall Township PA 4,000,000
construction
1248 Upper Darby Walnut Street Multimodal Connectivity Upper Darby PA 745,000
Project
ctelli on DSK11ZRN23PROD with HOUSE
1249 US 222 Hard Shoulder Wyomissing Borough PA 5,000,000
1250 PRHTA-01 Lajas to San German Lajas PR 5,000,000
1251 PRHTA-02 Gurabo Gurabo PR 4,800,000
1252 PRHTA-03 Bayamon Bayamon PR 7,884,000
1253 East Main Road – Union Avenue to Sandy Point Avenue Portsmouth RI 240,000
Safe Shared-Use Path
1254 Hope and Main Street Sidewalks Bristol and Warren RI 8,000,000
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H3366 CONGRESSIONAL RECORD — HOUSE June 30, 2021
No. Project Name City State/Territory Amount
1255 Pawtucket Avenue Veteran’s Memorial Parkway to Wa- East Providence RI 5,600,000
terman Avenue
1256 Post Road and Old Post Road Improvements Westerly, Charlestown RI 10,400,000
1257 Route 2, Bald Hill Road, and New London Avenue Im- Warwick/Cranston RI 4,000,000
provements
1258 RT–114, Wampanoag Trail (East Shore Expressway to Barrington and East Provi- RI 5,920,000
Federal Road) dence
1259 Trestle Trail—West Section Coventry RI 4,400,000
1260 I 26/ 526 Interchange North Charleston SC 20,000,000
1261 SC–126 Belvedere Clearwater Road Widening Clearwater SC 13,069,695
1262 Corridor Improvement at Old State Road (US 21/176) Calhoun County SC 1,100,000
from Savany Hunt Creek Road (S–86) to Old Sandy
Run Road (S–31)
1263 Intersection Improvement at Old State Road (US 21/176) Gaston SC 1,100,000
and Savany Hunt Creek Road (S–86)
1264 Santee Wateree Regional Transportation #2022 Sumter SC 2,000,000
1265 Sumter Manning Avenue Bridge Multimodal Enhance- Sumter SC 4,000,000
ments
1266 US 21/178 Bypass (Joe S. Jeffords Highway) Corridor Im- Orangeburg SC 7,800,000
provement
1267 Walk Bike Columbia Columbia SC 4,000,000
1268 Blount County Greenway Blount County TN 3,420,800
1269 Elvis Presley Boulevard Memphis TN 7,000,000
1270 Knob Creek Road Johnson City TN 2,630,000
1271 Magnolia Avenue Corridor Knoxville TN 10,000,000
1272 MATA Electric Bus Program Memphis TN 7,000,000
1273 Memphis 3.0 (Kimball at Pendleton) Memphis TN 3,000,000
1274 Mississippi Boulevard Signalized Pedestrian Crossing Memphis TN 1,141,440
1275 Overton Park Cooper Street Entrance Memphis TN 1,739,432
1276 SR–126 Kingsport TN 5,662,000
1277 SR–34 Morristown TN 2,394,000
1278 SR–35 Greenville TN 2,018,000
1279 SR–36 Spurgeon TN 5,445,000
1280 SR–499 EXT Sevierville TN 832,000
1281 SR–93 Horse Creek Kingsport TN 777,000
1282 SR–93 Miscellaneous Safety Improvements Fall Branch TN 242,000
1283 Third/Fourth Street Corridor Project, Chattanooga, TN Chattanooga TN 2,500,000
1284 US–127 (SR–28) Fentress County / Cumberland TN 20,000,000
County
1285 54 Scott Street BOOST Corridor project Houston TX 20,000,000
1286 Austin Bergstrom Spur Urban Trail Austin TX 10,000,000
1287 Austin Ross Road Substandard Street Austin TX 10,000,000
1288 Bear Creek Road Improvement Project Glenn Heights TX 3,329,417
1289 City of South Houston--Concrete Sidewalks South Houston TX 1,264,530
1290 Clay Road Bridge Reconstruction Project Houston TX 9,929,577
1291 Dallas East Grand Avenue (SH–78) Corridor Study & In- Dallas TX 1,300,000
frastructure Improvements
1292 Dallas Vision Zero Implementation Dallas TX 10,000,000
1293 DART LED Light Replacement Project Dallas TX 2,080,000
1294 DART Mobile Data Terminals System Upgrade Project Dallas TX 1,760,000
1295 East Dallas Bus and Maintenance Facility Renovation Dallas TX 891,992
Project
1296 FM 3349/US 79 Railroad Grade Separation Project Hutto & Taylor TX 10,000,000
1297 FM 60 from 2 miles east of SH 36 to .8 miles west of FM Caldwell TX 4,000,000
2039
1298 Foley Street & Navigation Realignment & Infrastructure Houston TX 10,000,000
Re-Use Construction Phase
1299 Fondren Road Reconstruction with Transit and Pedes- Houston TX 11,000,000
trian Enhancements
1300 Greater Downtown Dallas Master Plan Dallas TX 1,600,000
1301 Grove Street Intermodal Campus Rehabilitation Fort Wort TX 3,250,000
1302 High Line Project Pharr TX 940,160
1303 IBTC Donna and Alamo TX 3,500,000
1304 IH 45 from 1.5 miles south of S 84 to US 84 Fairfield TX 1,000,000
1305 IH 69E Lyford and Sebastian TX 3,500,000
1306 Intersection at SH 191 and Yukon Rd. Midland TX 6,520,000
1307 John Hayes Extension El Paso TX 12,000,000
1308 Meadowglen West Complete Street Project Houston TX 4,000,000
1309 Memorial Park Connector South Houston TX 4,000,000
1310 Missouri City/BW 8 Transit Facility Missouri City TX 5,000,000
1311 New Construction Overpass at Loop 338 and South US Odessa TX 2,000,000
385
1312 Pharr International Bridge Dock Expansion 1 Pharr TX 2,863,918
1313 Pharr International Bridge-Commercial Vehicle Staging Pharr TX 3,880,000
Area
1314 Phase 3A—SL 88 from Memphis to CR 2240 (Ave. U) Lubbock TX 11,820,000
(TxDOT Project Id: 1502–01–029)
1315 Phase 3B—SL 88 from SL 88 from Chicago Avenue to Lubbock TX 8,180,000
ctelli on DSK11ZRN23PROD with HOUSE
Memphis Avenue (TxDOT Project Id: 1502–01–030)
1316 Reconstruction of US385 in Odessa Odessa TX 1,000,000
1317 Re-establish Northwest Drive Direct Access to IH 635 Mesquite TX 10,000,000
1318 RM 2243 Resiliency Project Leander TX 10,000,000
1319 Safe Access to Transit Improvements Houston TX 1,200,000
1320 SH 550 Brownsville TX 3,791,529
1321 SH 6 from BS 6–R to SH 40 College Station TX 4,000,000
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3367
No. Project Name City State/Territory Amount
1322 South Parallel Corridor Phase III San Benito TX 6,500,000
1323 South Park and Ride Project/Electric Bus Project Ex- McAllen TX 4,700,000
pansion
1324 Speegleville Road: Bridge at Middle Bosque River Waco TX 8,379,000
1325 Stanton Street Bridge ‘‘Good Neighbor International El Paso TX 7,200,000
Bridge’’ Intelligent Transportation System
1326 The I–35 Innovative Corridor Project Dallas TX 7,500,000
1327 Traffic Signal Improvements Loop 338 at W Yukon Rd Odessa TX 2,480,000
1328 Trinity Lakes Station—Fort Worth Transportation Au- Fort Worth TX 11,962,800
thority
1329 TX SH 36 Expansion Fort Bend County TX 20,000,000
1330 Vallecillo Road Project Laredo TX 14,000,000
1331 Westheimer BOOST Houston TX 16,000,000
1332 Widen US–77 Victoria TX 20,000,000
1333 Widening of US–83 South of Zapata Townsite Project Zapata TX 5,780,148
1334 Zarzamora/Frio City Road RR Overpass San Antonio TX 15,600,000
1335 1300 East/Richmond Street Reconstruction Salt Lake City UT 2,000,000
1336 1500 West and 1300 North Roundabout Clinton City UT 1,200,000
1337 4700 South Project WVC West Valley City UT 3,000,000
1338 700 West Project South Salt Lake City UT 3,000,000
1339 BRT from Kimball Junction to Park City (S.R. 224) Park City UT 6,500,000
1340 Colorado River Pathway Phase IV Moab/Grand County UT 1,000,000
1341 Fort Street Reconstruct Draper UT 915,294
1342 Frontage Road Bypass Herriman UT 4,800,000
1343 FrontRunner Forward Provo to Ogden UT 3,300,000
1344 Legacy Highway Frontage Road Project Centerville UT 1,500,000
1345 Midvalley Connector Murray, West Valley, Salt UT 5,500,000
Lake City
1346 Neffs Canyon Trailhead Redesign Salt Lake City UT 800,000
400,000
400,000
1347 North Sugar Factory Road Gunnison UT 1,727,200
1348 Ogden 25th Street Rebuild Project Ogden UT 5,500,000
1349 Ogden Canyon Shared Use Pathway Project Ogden UT 4,000,000
1350 Park City Arts and Culture District Roadway and Park City UT 1,200,000
Connectivity Project
1351 Provo Intermodal Center Pedestrian Bridge Project Provo UT 1,000,000
1352 Safe Route to School Sidewalk Project Salt Lake County UT 73,345
1353 Sharp/Tintic Railroad Connection Springville and Spanish Fork UT 1,700,000
1354 SR-7 Exit 5 Interchange, Southern Hills Bridge and St. George UT 5,000,000
Roadway
1355 Young Street Bridge and Connector Road Project Morgan City UT 1,547,401
1356 Arlington Ridge Road Bridge Arlington/Alexandria VA 9,000,000
1357 Berkley Avenue Bridge Norfolk VA 5,000,000
1358 Chesapeake All-Electric Mobile Command Vehicle Dem- Chesapeake VA 1,600,000
onstration Project
1359 Coalfields Expressway—RTE 121 West Virginia State Grundy VA 4,097,500
Line to Grundy, VA
1360 Commerce Road Improvements Project Richmond VA 1,600,000
1361 Craney Island Access Road Portsmouth VA 3,111,500
1362 Electric Emergency Response Vehicles Chesapeake VA 1,600,000
1363 Fall Line Trail – Downtown Core Enhancements Richmond VA 1,500,000
1364 HRT Bus Replacement Virginia Beach VA 2,377,000
1365 I–64 at Oilville Road (Rte. 617) Interchange Goochland County VA 3,436,000
1366 I–66 Transportation Alternatives Fairfax VA 4,000,000
1367 I–81 Northbound Truck Climbing Lane—Mile Marker Marion VA 11,160,000
39.5
1368 Intersection Safety Improvements at the Intersection of Troy VA 5,082,700
Route 15 and Route 250
1369 Intersection Safety Improvements at the Intersection of Louisa VA 2,050,000
Route 22 and Route 780
1370 Interstate 95 and Willis Road Interchange Improvements Chesterfield VA 3,200,000
Project
1371 Jahnke Road: Blakemore Road to Forest Hill Avenue Richmond VA 1,600,000
1372 Long Bridge Arlington VA 4,000,000
1373 Mathis Corridor Revitalization Project Manassas VA 7,000,000
1374 Multimodal Transportation Infrastructure Improvements Falls Church VA 2,000,000
1375 Nimmo Parkway Phase VII-B Virginia Beach VA 5,000,000
1376 Old Bridge Road at Gordon Boulevard Interchange/ Woodbridge VA 4,000,000
Intersection Improvements
1377 Parallel Chesapeake Tunnel Project Northampton County VA 3,111,500
1378 Peninsula Transit Signal Priority Improvements Newport News and Hampton VA 9,702,071
1379 Red Lane Road/Rt. 60 Continuous Green T Powhatan VA 3,145,663
1380 Richmond Highway Bus Rapid Transit Fairfax County VA 5,000,000
1381 Roundabout at the intersection of Middle Road (Rt. 646) Prince George County VA 3,540,806
and Jefferson Park Road (Rt. 630)
1382 Route 31 Bicycle Accommodations Project Surry VA 6,379,000
1383 Route 7/Route 690 Interchange Purcellville VA 10,000,000
ctelli on DSK11ZRN23PROD with HOUSE
1384 Rt. 208 (Courthouse Road) and Hood Drive Intersection Fredericksburg VA 1,151,000
Improvement (UPC 110987)
1385 Silver Line Support Transportation Alternatives Fairfax VA 10,500,000
1386 The Birthplace of America Trail Newport News VA 3,160,000
1387 Tidewater Drive Reconstruction Norfolk VA 6,400,000
1388 Transit Enhancement and Expansion Chesterfield VA 4,688,800
1389 St. Croix/St. Thomas Ferry Christiansted VI 15,000,000
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H3368 CONGRESSIONAL RECORD — HOUSE June 30, 2021
No. Project Name City State/Territory Amount
1390 Barre City-Barre Town VT Route 14 / Quarry Street and Barre VT 4,750,000
Quarry Hill Road Intersection Reconstruction
1391 Essex Junction Crescent Connector Essex VT 5,400,000
1392 Railyard Enterprise Project (Design & Permitting Phase) Burlington VT 2,250,000
1393 Town of Hartford (Quechee) U.S 4 Bridge Rehabilitation Hartford VT 7,600,000
1394 Bigelow Gulch and Sullivan Road Corridor Spokane Valley WA 2,650,000
1395 City of Waitsburg Highway 12 Preston Bridge Replace- Waitsburg WA 350,000
ment
1396 Columbia Heights Road Reconstruction Longview WA 5,500,000
1397 Ferry County Kettle River Road Rehabilitation Curlew WA 1,797,000
1398 I–5/SR 503 Interchange Area Improvements Woodland WA 11,760,000
1399 Industrial Rail Corridor Expansion (IRCE) Longview WA 2,740,000
1400 Palouse River Bridge Replacement Colfax WA 6,000,000
1401 Spokane Airport Spotted Road Project Spokane WA 6,749,000
1402 SR 410/Rock Creek Vic—Chronic Environmental Defi- Naches WA 3,562,000
ciency
1403 SW Mojonnier Road Reconstruction College Place WA 2,453,574
1404 US 12 Naches Vic to Yakima Vic—Intersection Safety Naches WA 1,452,000
Improvements
1405 US 97/Jones Rd—Intersection Improvements Wapato WA 4,464,000
1406 US Highway 12 Phase 8 Final Design and Right of Way Touchet WA 5,965,931
Acquisition
1407 Yakima County, East-West Corridor Phase II Project. Yakima WA 4,000,000
1408 169th Street Connecting Segment Arlington WA 3,900,000
1409 20th Street NE / Main Street Improvements Lake Stevens WA 2,000,000
1410 42nd Ave S Bridge Replacement Project Tukwila WA 1,270,000
1411 Aberdeen US 12 Highway-Rail Separation Project Aberdeen WA 2,080,000
1412 Access and Circulation Roads for the Darrington Wood Town of Darrington WA 1,291,869
Innovation Center
1413 Bellevue Transit Center Safety and Connectivity Project Bellevue WA 1,000,000
1414 City of Carnation Larson / 40th Street Bypass Project Carnation WA 2,400,000
1415 City of Kenmore Fish Passable Culvert Replacements Kenmore WA 1,224,000
1416 College Street Corridor Improvements Phase III Lacey WA 6,000,000
1417 Columbia River Pedestrian Bridge Extension, Apple Wenatchee WA 8,600,000
Capital Loop Trail
1418 E. 64th Street Phase II Tacoma WA 5,600,000
1419 East Marginal Way Corridor Improvements – Phase 1 Seattle WA 2,340,000
1420 Eastrail Wilburton Critical Crossing Bellevue WA 1,680,000
1421 Georgetown to South Park Connection Seattle WA 1,800,000
1422 Gorst Area Resiliency and Redundancy Alternatives Bremerton WA 8,000,000
Study
1423 Guemes Island Ferry Replacement Project Anacortes WA 8,000,000
1424 I–5/Lake Washington Ship Canal Bridge Seattle WA 5,000,000
1425 Lea Hill Corridor 112th Ave SE & 105th Pl SE Intersec- Aubrun WA 4,446,200
tion Improvements
1426 Links to Opportunity Streetscape Project Tacoma WA 2,000,000
1427 Lyon Creek Culvert Replacement Project Lake Forest Park WA 3,100,000
1428 Meeker Complete Street/Safe Routes to School Project Kent WA 2,500,000
1429 MLK Jr. Way S Safety and Accessibility Improvements Seattle WA 750,000
Project
1430 NE 124th St / 124th Ave NE Pedestrian Bridge (Totem Kirkland WA 2,000,000
Lake Non-Motorized Bridge)
1431 Orting HWY 162 Pedestrian Bridge Oting WA 6,000,000
1432 Puyallup Avenue Transit/Complete Street Improvements Tacoma WA 2,000,000
1433 Rainier Avenue South Corridor Improvements—Phase Renton WA 2,000,000
4A
1434 Redmond Central Connector Phase III Redmond WA 3,000,000
1435 Roundabout on US–2 and Main Street Sultan WA 900,000
1436 Safe Routes to School Improvements: Whitman Elemen- Tacoma WA 1,000,000
tary and Edison Elementary Schools
1437 Sheffield Trail Improvement Project Fife WA 2,750,000
1438 South Campus Interim Base Electrification Tukwila WA 3,000,000
1439 South Tacoma Way, 88th Street S to 80th Street Court Lakewood WA 2,400,000
SW.
1440 South Whidbey—Clinton Area Transportation Infra- Clinton WA 1,500,000
structure Improvements
1441 SR 99/NB Duwamish River Bridge—Grid Deck Replace- Seattle WA 2,000,000
ment
1442 SR522 Corridor Improvement Maltby WA 4,000,000
1443 Town to Zylstra Lake Multi-Modal Trail Friday Harbor WA 5,280,000
1444 Tukwila International Boulevard Bus Rapid Transit Tukwila WA 2,000,000
Station
1445 US 12/Heron St Bridge Tier 1—Bridge Rehabilitation Aberdeen WA 2,038,166
1446 US–2 WB Trestle Lake Stevens, Everett WA 1,680,000
840,000
840,000
1447 Washington State Ferries Seattle Ferry Terminal Shore- Seattle WA 4,200,000
side Electrification
ctelli on DSK11ZRN23PROD with HOUSE
1448 West Seattle and Ballard Link Extensions (WSBLE) Seattle WA 5,360,000
1449 X Street Roundabout Tumwater WA 3,250,000
1450 Atwood Ave. (Fair Oaks Ave. to Cottage Grove Rd.) Madison WI 6,275,000
1451 BeerLine Bike and Pedestrian Trail Milwaukee WI 1,200,000
1452 CTH CC from Ash Street to CTH D Oregon WI 2,000,000
1453 CTH CV from Government Road to USH 51 Madison WI 2,000,000
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3369
No. Project Name City State/Territory Amount
1454 CTH M/Century Avenue Bridge (B–13–0046) over Pheas- Middleton WI 2,000,000
ant Branch Replacement Including Approaches and
Branch Street Intersection
1455 CTH P from CTH PD to CTH S Klevenville WI 2,000,000
1456 I–94 Screening Wall at Woods National Cemetery Milwaukee WI 2,000,000
1457 Milwaukee Country Transit Bus Purchase Wauwatosa WI 4,000,000
1458 Milwaukee County Transit Security Initiative Wauwatosa WI 2,000,000
1459 Reconstruction of Silver Spring Drive Glendale WI 4,500,000
1460 Reedsburg – Baraboo, Preston Avenue to STH 23 Const./ Reedsburg WI 125,000
Mill & Overlay, State 3R
1461 Reedsburg – Wisconsin Dells STH 136 Intersection Reedsburg WI 1,600,000
Const./Intersection Improvement/RAB Safety
1462 South Kinnickinnic Avenue Resurfacing Project St. Francis WI 700,000
1463 US 14 (Wisconsin River to Oak Street) between Spring Arena WI 2,000,000
Green & Madison
1464 Vliet Street Resurfacing Project Milwaukee WI 4,200,000
1465 Hal Greer Boulevard Corridor Upgrade Huntington WV 6,400,000
1466 Michael Angiulli Memorial Bridge North View WV 2,080,000
1467 New Cumberland—WV 2 New Cumberland WV 3,200,000
1468 Princeton Overhead Bridge Princeton WV 3,600,000
1469 Rock Creek Interchange—New Access Road Rock Creek WV 10,000,000
1470 Route 93 Scherr Overpass Scherr WV 3,120,000
1471 Van Voorhis Road Morgantown WV 6,800,000
1472 WVU PRT Passenger Stations Rehabilitation Project Morgantown WV 4,800,000
1473 Excelsior Springs Safe Streets and Sidewalks Excelsior Springs MO 9,444,706
1474 Fox River Regional Trail: Hoover Forest Preserve-Fox Yorkville IL 240,000
River Bluffs Connecting Trail Segment
1475 City of Red Wing Levee Road Realignment Project Red Wing MN 3,124,521
DIVISION B—SURFACE TRANSPORTATION tion reduction program under section 171 of 204 of title 23, United States Code, $345,000,000
SEC. 1001. APPLICABILITY OF DIVISION. such title, and metropolitan planning under sec- for each of fiscal years 2023 through 2026.
(a) APPLICABILITY.—This division, including tion 134 of such title— (D) FEDERAL LANDS AND TRIBAL MAJOR
the amendments made by this division, applies (A) $56,522,048,429 for fiscal year 2023; PROJECTS GRANTS.—To carry out section 208 of
(B) $57,480,646,776 for fiscal year 2024; title 23, United States Code, $400,000,000 for each
beginning on October 1, 2022.
(C) $58,595,359,712 for fiscal year 2025; and of fiscal years 2023 through 2026.
(b) REFERENCE TO DATE OF ENACTMENT.—In
(D) $59,618,666,186 for fiscal year 2026. (5) TERRITORIAL AND PUERTO RICO HIGHWAY
this division and the amendments made by this (2) TRANSPORTATION INFRASTRUCTURE FINANCE
division, any reference to— PROGRAM.—For the territorial and Puerto Rico
AND INNOVATION PROGRAM.—For credit assist- highway program under section 165 of title 23,
(1) the date of enactment of this Act; ance under the transportation infrastructure fi-
(2) the date of enactment of a provision of this United States Code, the amounts specified in
nance and innovation program under chapter 6 paragraphs (1) and (2) of section 165(a) for each
division; of title 23, United States Code, $250,000,000 for
(3) the date of enactment of a provision added of fiscal years 2023 through 2026.
each of fiscal years 2023 through 2026. (6) PROJECTS OF NATIONAL AND REGIONAL SIG-
to law by an amendment made by this division; (3) CONSTRUCTION OF FERRY BOATS AND FERRY
or NIFICANCE.—For projects of national and re-
TERMINAL FACILITIES.—For construction of ferry
(4) the date of enactment of the INVEST in gional significance under section 117 of title 23,
boats and ferry terminal facilities under section United States Code, $3,000,000,000 for each of
America Act added to law by an amendment 147 of title 23, United States Code, $120,000,000
made by this division, fiscal years 2023 through 2026.
for each of fiscal years 2023 through 2026. (7) COMMUNITY TRANSPORTATION INVESTMENT
shall be treated as a reference to October 1, 2022. (4) FEDERAL LANDS AND TRIBAL TRANSPOR-
(c) EXCEPTION FOR IMMEDIATE APPLICATION.— GRANTS.—To carry out section 173 of title 23,
TATION PROGRAMS.—
Subsections (a) and (b) shall not apply to the United States Code, $600,000,000 for each of fis-
(A) TRIBAL TRANSPORTATION PROGRAM.—For
following sections and any amendments made cal years 2023 through 2026.
the tribal transportation program under section
by such sections: (8) COMMUNITY CLIMATE INNOVATION
202 of title 23, United States Code, $800,000,000
(1) Section 1105. GRANTS.—To carry out section 172 of title 23,
for each of fiscal years 2023 through 2026.
(2) Section 1107. United States Code, $250,000,000 for each of fis-
(B) FEDERAL LANDS TRANSPORTATION PRO-
(3) Section 1305. cal years 2023 through 2026.
GRAM.—
(4) Subsections (c)(1) and (d) of section 2104. (i) IN GENERAL.—For the Federal lands trans- (9) NATIONAL SCENIC BYWAYS PROGRAM.—To
(5) Section 2106. carry out section 162 of title 23, United States
portation program under section 203 of title 23,
(6) Section 2112. Code, $16,000,000 for each of fiscal year 2023
United States Code, $555,000,000 for each of fis-
(7) Section 2204(1)(A). through 2026.
cal years 2023 through 2026.
(8) Section 2305. (ii) ALLOCATION.—Of the amount made avail- (10) REBUILD RURAL BRIDGES PROGRAM.— To
(9) Section 2307. able for a fiscal year under clause (i)— carry out section 1307 of this Act, $250,000,000
(10) Section 2902(2). (I) the amount for the National Park Service for each of fiscal years 2023 through 2026.
is $400,000,000 for each of fiscal years 2023 (11) PARKING FOR COMMERCIAL MOTOR VEHI-
TITLE I—FEDERAL-AID HIGHWAYS
through 2026; CLES.—To carry out section 1308 of this Act,
Subtitle A—Authorizations and Program $250,000,000 for each of fiscal years 2023 through
Conditions (II) the amount for the United States Fish and
Wildlife Service is $50,000,000 for each of fiscal 2026.
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. years 2023 through 2026; (12) ACTIVE CONNECTED TRANSPORTATION
(a) IN GENERAL.—The following amounts are (III) the amount for the United States Forest GRANT PROGRAM.—To carry out section 1309 of
authorized to be appropriated out of the High- Service is $50,000,000 for each of fiscal years 2023 this Act, $250,000,000 for each of fiscal years
way Trust Fund (other than the Mass Transit through 2026; 2023 through 2026.
Account): (IV) the amount for the Corps of Engineers is (13) WILDLIFE CROSSINGS PROGRAM.—To carry
(1) FEDERAL-AID HIGHWAY PROGRAM.—For the $16,000,000 for each of fiscal years 2023 through out section 1310 of this Act, $100,000,000 for each
national highway performance program under 2026; of fiscal years 2023 through 2026.
section 119 of title 23, United States Code, the (V) the amount for the Bureau of Land Man- (14) RECONNECTING NEIGHBORHOODS PRO-
pre-disaster mitigation program under section agement is $16,000,000 for each of fiscal years GRAM.—To carry out section 1311 of this Act,
124 of such title, the railway crossings program 2023 through 2026; $750,000,000 for each of fiscal years 2023 through
under section 130 of such title, the surface (VI) the amount for the Bureau of Reclama- 2026.
transportation program under section 133 of tion is $16,000,000 for each of fiscal years 2023 (15) METRO PERFORMANCE PROGRAM.—To
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such title, the highway safety improvement pro- through 2026; and carry out section 1305 of this Act, $250,000,000
gram under section 148 of such title, the conges- (VII) the amount for independent Federal for each of fiscal years 2023 through 2026.
tion mitigation and air quality improvement agencies with natural resource and land man- (16) GRIDLOCK REDUCTION GRANT PROGRAM.—
program under section 149 of such title, the agement responsibilities is $7,000,000 for each of To carry out section 1306 of this Act,
clean corridors program under section 151 of fiscal years 2023 through 2026. $500,000,000 for fiscal year 2023.
such title, the national highway freight program (C) FEDERAL LANDS ACCESS PROGRAM.—For (b) TREATMENT OF FUNDS.—Amounts made
under section 167 of such title, the carbon pollu- the Federal lands access program under section available under paragraphs (10) through (14) of
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H3370 CONGRESSIONAL RECORD — HOUSE June 30, 2021
subsection (a) shall be administered as if appor- (B) notify the Secretary, in writing, of the (A) is identified as a nonmarket economy
tioned under chapter 1 of title 23, United States percentage of the small business concerns that country (as defined in section 771(18) of the Tar-
Code. are controlled by— iff Act of 1930 (19 U.S.C. 1677(18))) as of the date
(c) DISADVANTAGED BUSINESS ENTERPRISES.— (i) women; of enactment of this Act;
(1) FINDINGS.—Congress finds that— (ii) socially and economically disadvantaged (B) was identified by the United States Trade
(A) despite the real improvements caused by individuals (other than women); and Representative in the most recent report re-
the disadvantaged business enterprise program, (iii) individuals who are women and are oth- quired by section 182 of the Trade Act of 1974 (19
minority- and women-owned businesses across erwise socially and economically disadvantaged U.S.C. 2242) as a priority foreign country under
the country continue to confront serious and individuals. subsection (a)(2) of that section; and
significant obstacles to success caused by race (5) UNIFORM CERTIFICATION.— (C) is subject to monitoring by the Trade Rep-
(A) IN GENERAL.—The Secretary of Transpor- resentative under section 306 of the Trade Act of
and gender discrimination in the federally as-
tation shall establish minimum uniform criteria 1974 (19 U.S.C. 2416).
sisted surface transportation market and related
for use by State governments in certifying (2) EXCEPTION.—For purposes of paragraph
markets across the United States;
whether a concern qualifies as a small business (1), the term ‘‘otherwise related legally or finan-
(B) the continuing race and gender discrimi-
concern for the purpose of this subsection. cially’’ does not include a minority relationship
nation described in subparagraph (A) merits the
(B) INCLUSIONS.—The minimum uniform cri-
continuation of the disadvantaged business en- or investment.
teria established under subparagraph (A) shall
terprise program; (3) INTERNATIONAL AGREEMENTS.—This sub-
include, with respect to a potential small busi-
(C) recently, the disparities cause by discrimi- section shall be applied in a manner consistent
ness concern—
nation against African American, Hispanic with the obligations of the United States under
(i) on-site visits;
American, Asian American, Native American, (ii) personal interviews with personnel; international agreements.
and women business owners have been further (iii) issuance or inspection of licenses; SEC. 1102. OBLIGATION LIMITATION.
exacerbated by the coronavirus pandemic and (iv) analyses of stock ownership; (a) GENERAL LIMITATION.—Subject to sub-
its disproportionate effects on minority- and (v) listings of equipment; section (e), and notwithstanding any other pro-
women-owned businesses across the nation; (vi) analyses of bonding capacity; vision of law, the obligations for Federal-aid
(D) Congress has received and reviewed testi- (vii) listings of work completed; highway and highway safety construction pro-
mony and documentation of race and gender (viii) examination of the resumes of principal grams shall not exceed—
discrimination from numerous sources, includ- owners; (1) $66,097,092,526 for fiscal year 2023;
ing congressional hearings and other investiga- (ix) analyses of financial capacity; and (2) $66,570,608,070 for fiscal year 2024;
tive activities, scientific reports, reports issued (x) analyses of the type of work preferred. (3) $67,701,550,431 for fiscal year 2025; and
by public and private agencies at every level of (6) REPORTING.—The Secretary of Transpor-
(4) $68,741,903,518 for fiscal year 2026.
government, news reports, academic publica- tation shall establish minimum requirements for
(b) EXCEPTIONS.—The limitations under sub-
tions, reports of discrimination by organizations use by State governments in reporting to the section (a) shall not apply to obligations under
and individuals, and discrimination lawsuits, Secretary— or for—
which continue to demonstrate that race- and (A) information concerning disadvantaged
(1) section 125 of title 23, United States Code;
gender-neutral efforts alone are insufficient to business enterprise awards, commitments, and
(2) section 147 of the Surface Transportation
address the problem; achievements; and
(B) such other information as the Secretary Assistance Act of 1978 (23 U.S.C. 144 note; 92
(E) the testimony and documentation de- Stat. 2714);
determines to be appropriate for the proper mon-
scribed in subparagraph (D) demonstrate that (3) section 9 of the Federal-Aid Highway Act
itoring of the disadvantaged business enterprise
discrimination across the United States poses an of 1981 (95 Stat. 1701);
program.
injurious and enduring barrier to full and fair (4) subsections (b) and (j) of section 131 of the
(7) COMPLIANCE WITH COURT ORDERS.—Noth-
participation in surface transportation-related Surface Transportation Assistance Act of 1982
ing in this subsection limits the eligibility of an
businesses of women business owners and mi- (96 Stat. 2119);
individual or entity to receive funds made avail-
nority business owners and has negatively af- (5) subsections (b) and (c) of section 149 of the
able under titles I, II, V, and VII of this division
fected firm formation, development and success Surface Transportation and Uniform Relocation
and section 403 of title 23, United States Code,
in many aspects of surface transportation-re- Assistance Act of 1987 (101 Stat. 198);
if the entity or person is prevented, in whole or
lated business in the public and private markets; (6) sections 1103 through 1108 of the Inter-
in part, from complying with paragraph (3) be-
and modal Surface Transportation Efficiency Act of
cause a Federal court issues a final order in
(F) the testimony and documentation de- 1991 (Public Law 102–240);
which the court finds that a requirement or the
scribed in subparagraph (D) provide a clear pic- (7) section 157 of title 23, United States Code
implementation of paragraph (3) is unconstitu-
ture of the inequality caused by discrimination (as in effect on June 8, 1998);
tional.
that continues to plague our nation and a (8) SENSE OF CONGRESS ON PROMPT PAYMENT (8) section 105 of title 23, United States Code
strong basis that there is a compelling need for OF DBE SUBCONTRACTORS.—It is the sense of (as in effect for fiscal years 1998 through 2004,
the continuation of the disadvantaged business Congress that— but only in an amount equal to $639,000,000 for
enterprise program to address race and gender (A) the Secretary of Transportation should each of those fiscal years);
discrimination in surface transportation-related take additional steps to ensure that recipients (9) Federal-aid highway programs for which
business. comply with section 26.29 of title 49, Code of obligation authority was made available under
(2) DEFINITIONS.—In this subsection, the fol- Federal Regulations (the disadvantaged busi- the Transportation Equity Act for the 21st Cen-
lowing definitions apply: ness enterprises prompt payment rule), or any tury (112 Stat. 107) or subsequent Acts for mul-
(A) SMALL BUSINESS CONCERN.—The term corresponding regulation, in awarding federally tiple years or to remain available until ex-
‘‘small business concern’’ means a small busi- funded transportation contracts under laws and pended, but only to the extent that the obliga-
ness concern (as the term is used in section 3 of regulations administered by the Secretary; and tion authority has not lapsed or been used;
the Small Business Act (15 U.S.C. 632)). (B) such additional steps should include in- (10) section 105 of title 23, United States Code
(B) SOCIALLY AND ECONOMICALLY DISADVAN- creasing the Department of Transportation’s (as in effect for fiscal years 2005 through 2012,
TAGED INDIVIDUALS.—The term ‘‘socially and ability to track and keep records of complaints but only in an amount equal to $639,000,000 for
economically disadvantaged individuals’’ has and to make that information publicly avail- each of those fiscal years);
the meaning given the term in section 8(d) of the able. (11) section 1603 of SAFETEA–LU (23 U.S.C.
Small Business Act (15 U.S.C. 637(d)) and rel- (9) SENSE OF CONGRESS ON FULFILLING CERTAIN 118 note; 119 Stat. 1248), to the extent that funds
evant subcontracting regulations issued pursu- CONTRACTS.—It is the sense of Congress that obligated in accordance with that section were
ant to that Act, except that women shall be pre- contractors participating in a federally funded not subject to a limitation on obligations at the
sumed to be socially and economically disadvan- transportation contract with a small business time at which the funds were initially made
taged individuals for purposes of this sub- concern owned and controlled by socially and available for obligation;
section. economically disadvantaged individuals should (12) section 119 of title 23, United States Code
(3) AMOUNTS FOR SMALL BUSINESS CONCERNS.— ensure that the percentage of a contract prom- (as in effect for fiscal years 2013 through 2015,
Except to the extent that the Secretary of Trans- ised to such small business concern is fulfilled, but only in an amount equal to $639,000,000 for
portation determines otherwise, not less than 10 unless prior approval is obtained consistent with each of those fiscal years);
percent of the amounts made available for any the regulations under part 26 of title 49, Code of (13) section 119 of title 23, United States Code
program under titles I, II, V, and VII of this di- Federal Regulations. (but, for fiscal years 2016 through 2022, only in
vision and section 403 of title 23, United States (d) LIMITATION ON FINANCIAL ASSISTANCE FOR an amount equal to $639,000,000 for each of
Code, shall be expended through small business STATE-OWNED ENTERPRISES.— those fiscal years);
concerns owned and controlled by socially and (1) IN GENERAL.—Funds provided under this (14) section 203 of title 23, United States Code
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economically disadvantaged individuals. section may not be used in awarding or exer- (but, for fiscal years 2023 through 2026, only in
(4) ANNUAL LISTING OF DISADVANTAGED BUSI- cising an option on a previously awarded con- an amount equal to $550,000,000 for each of
NESS ENTERPRISES.—Each State shall annually— tract, a contract, subcontract, grant, or loan to those fiscal years); and
(A) survey and compile a list of the small busi- an entity that is owned or controlled by, is a (15) section 133(d)(1)(B) of title 23, United
ness concerns referred to in paragraph (3) in the subsidiary of, or is otherwise related legally or States Code (but, for fiscal years 2023 through
State, including the location of the small busi- financially to a corporation based in a country 2026, only in an amount equal to $89,000,000 for
ness concerns in the State; and that— each of those fiscal years).
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3371
(c) DISTRIBUTION OF OBLIGATION AUTHOR- (B) the total of the amounts authorized to be poverty over the past 30 years, as measured by
ITY.—Subject to paragraph (1)(B), for each of appropriated for the programs that are appor- the 1990 and 2000 decennial censuses and the
fiscal years 2023 through 2026, the Secretary of tioned under title 23, United States Code, to all most recent Small Area Income and Poverty Es-
Transportation— States for the fiscal year. timates;
(1)(A) shall not distribute obligation authority (d) REDISTRIBUTION OF UNUSED OBLIGATION ‘‘(B) any census tract with a poverty rate of
provided by subsection (a) for the fiscal year AUTHORITY.—Notwithstanding subsection (c), at least 20 percent, as measured by the most re-
for— the Secretary of Transportation shall, after Au- cent 5-year data series available from the Amer-
(i) amounts authorized for administrative ex- gust 1 of each of fiscal years 2023 through 2026— ican Community Survey of the Bureau of the
penses and programs by section 104(a) of title 23, (1) revise a distribution of the obligation au- Census for all States and Puerto Rico; or
United States Code; thority made available under subsection (c) if ‘‘(C) any other territory or possession of the
(ii) amounts authorized for the Bureau of an amount distributed cannot be obligated dur- United States that has had 20 percent or more of
Transportation Statistics; ing that fiscal year; and its population living in poverty over the past 30
(iii) amounts authorized for the tribal trans- (2) redistribute sufficient amounts to those years, as measured by the 1990, 2000, and 2010
portation program under section 202 of title 23, States able to obligate amounts in addition to decennial censuses, or equivalent data, of the
United States Code; and those previously distributed during that fiscal Bureau of the Census.’’.
(iv) amounts authorized for the territorial and year, giving priority to those States having large (D) by inserting after paragraph (5), as so re-
Puerto Rico highway program under section unobligated balances of funds apportioned designated, the following:
165(a) of title 23, United States Code; and under section 104 of title 23, United States Code. ‘‘(6) CLIMATE CHANGE.—The term ‘climate
(B) for each of fiscal years 2023 through 2026, (e) SPECIAL LIMITATION.— change’ means any significant change in the
in addition to the amounts described in sub- (1) IN GENERAL.—Except as provided in para- measures of climate lasting for an extended pe-
paragraph (A), shall not distribute obligation graph (2), obligation limitations imposed by sub- riod of time, and may include major changes in
authority provided by subsection (a) for the fis- section (a) shall apply to contract authority temperature, precipitation, wind patterns, or sea
cal year for amounts authorized for the metro for— level, among others, that occur over several dec-
performance program under section 1305 of this (A) transportation research programs carried ades or longer.’’;
Act; out under chapter 5 of title 23, United States (E) in paragraph (7)(A), as so redesignated, by
(2) shall not distribute an amount of obliga- Code, and title V of this Act; and inserting ‘‘assessing resilience,’’ after ‘‘sur-
tion authority provided by subsection (a) that is (B) the metro performance program under sec- veying,’’;
equal to the unobligated balance of amounts— tion 1305 of this Act. (F) by inserting after paragraph (7), as so re-
(A) made available from the Highway Trust (2) EXCEPTION.—Obligation authority made designated, the following:
Fund (other than the Mass Transit Account) for available under paragraph (1) shall— ‘‘(8) CONTEXT SENSITIVE DESIGN PRINCIPLES.—
Federal-aid highway and highway safety con- (A) remain available for a period of 4 fiscal The term ‘context sensitive design principles’
struction programs for previous fiscal years, the years; and means principles for the design of a public road
funds for which are allocated by the Secretary (B) be in addition to the amount of any limi- that—
(or apportioned by the Secretary under section tation imposed on obligations for Federal-aid ‘‘(A) provides for the safe and adequate ac-
202 or 204 of title 23, United States Code); and highway and highway safety construction pro- commodation, in all phases of project planning,
(B) for which obligation authority was pro- grams for future fiscal years. design, and development, transportation facili-
vided in a previous fiscal year; (f) LOP-OFF.— ties for users, including pedestrians, bicyclists,
(3) shall determine the proportion that— (1) IN GENERAL.—Not later than 30 days after public transportation users, children, older indi-
(A) the obligation authority provided by sub- viduals, individuals with disabilities, motorists,
the date of distribution of obligation authority
section (a) for the fiscal year, less the aggregate and freight vehicles; and
under subsection (c) for each of fiscal years 2023
of amounts not distributed under paragraphs (1) ‘‘(B) considers the context in which the facil-
through 2026, the Secretary of Transportation
and (2) of this subsection; bears to ity is planned to be constructed to determine the
shall distribute to the States any funds that—
(B) the total of— appropriate facility design.’’;
(i) the sums authorized to be appropriated for (A) are authorized to be appropriated for the
fiscal year for Federal-aid highway programs; (G) by inserting after paragraph (9), as so re-
the Federal-aid highway and highway safety designated, the following:
construction programs, other than sums author- and
(B) the Secretary determines will not be allo- ‘‘(10) EVACUATION ROUTE.—The term ‘evacu-
ized to be appropriated for— ation route’ means a transportation route or
(I) provisions of law described in paragraphs cated to the States (or will not be apportioned to
the States under section 204 of title 23, United system that—
(1) through (13) of subsection (b); ‘‘(A) is used to transport—
(II) section 203 of title 23, United States Code, States Code), and will not be available for obli-
‘‘(i) the public away from an emergency event;
equal to the amount referred to in subsection gation, for the fiscal year because of the imposi-
or
(b)(14) for the fiscal year; and tion of any obligation limitation for the fiscal
‘‘(ii) first responders and recovery resources in
(III) section 133(d)(1)(B) of title 23, United year.
the event of an emergency; and
States Code, equal to the amount referred to in (2) RATIO.—Funds shall be distributed under ‘‘(B) is identified, consistent with sections
subsection (b)(15) for the fiscal year; less paragraph (1) in the same proportion as the dis-
134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by the eligi-
(ii) the aggregate of the amounts not distrib- tribution of obligation authority under sub-
ble entity with jurisdiction over the area in
uted under paragraphs (1) and (2) of this sub- section (c)(5).
which the route is located for the purposes de-
section; (3) AVAILABILITY.—Funds distributed to each
scribed in subparagraph (A).’’;
(4) shall distribute the obligation authority State under paragraph (1) shall be available for (H) by inserting after paragraph (15), as so re-
provided by subsection (a), less the aggregate any purpose described in section 133(b) of title designated, the following:
amounts not distributed under paragraphs (1) 23, United States Code. ‘‘(16) GREENHOUSE GAS.—The term ‘green-
and (2), for each of the programs (other than SEC. 1103. DEFINITIONS AND DECLARATION OF house gas’ has the meaning given the term in
programs to which paragraph (1) applies) that POLICY.
section 211(o)(1)(G) of the Clean Air Act (42
are allocated by the Secretary under this Act Section 101 of title 23, United States Code, is U.S.C. 7545(o)(1)(G)).’’;
and title 23, United States Code, or apportioned amended— (I) by inserting after paragraph (22), as so re-
by the Secretary under section 202 or 204 of such (1) in subsection (a)— designated, the following:
title, by multiplying— (A) by redesignating paragraphs (1), (2), (3), ‘‘(23) NATURAL INFRASTRUCTURE.—
(A) the proportion determined under para- (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), ‘‘(A) IN GENERAL.—The term ‘natural infra-
graph (3); by (15), (16), (17), (18), (19), (20), (21), (22), (23), structure’ means infrastructure that uses, re-
(B) the amounts authorized to be appropriated (24), (25), (26), (27), (28), (29), (30), (31), (32), stores, or emulates natural ecological processes
for each such program for the fiscal year; and (33), and (34) as paragraphs (2), (4), (5), (7), (9), that—
(5) shall distribute the obligation authority (11), (12), (13), (14), (15), (17), (18), (19), (20), ‘‘(i) is created through the action of natural
provided by subsection (a), less the aggregate (21), (22), (24), (25), (26), (27), (29), (30), (33), physical, geological, biological, and chemical
amounts not distributed under paragraphs (1) (34), (35), (36), (37), (38), (39), (43), (44), (45), processes over time;
and (2) and the amounts distributed under (46), and (47), respectively; ‘‘(ii) is created by human design, engineering,
paragraph (4), for Federal-aid highway and (B) by inserting before paragraph (2), as so re- and construction to emulate or act in concert
highway safety construction programs that are designated, the following: with natural processes; or
apportioned by the Secretary under title 23, ‘‘(1) ADAPTATION.—The term ‘adaptation’ ‘‘(iii) involves the use of plants, soils, and
United States Code (other than the amounts ap- means an adjustment in natural or human sys- other natural features, including through the
portioned for the surface transportation pro- tems in anticipation of, or in response to, a creation, restoration, or preservation of vege-
gram in section 133(d)(1)(B) of title 23, United changing environment in a way that moderates tated areas using materials appropriate to the
States Code, that are exempt from the limitation negative effects of extreme events or climate region to manage stormwater and runoff, to at-
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under subsection (b)(15) and the amounts appor- change.’’; tenuate flooding and storm surges, and for other
tioned under sections 202 and 204 of such title) (C) by inserting before paragraph (4), as so re- related purposes.
in the proportion that— designated, the following: ‘‘(B) INCLUSION.—The term ‘natural infra-
(A) amounts authorized to be appropriated for ‘‘(3) AREAS OF PERSISTENT POVERTY.—The structure’ includes green infrastructure and na-
the programs that are apportioned under title term ‘areas of persistent poverty’ means— ture-based solutions.’’;
23, United States Code, to each State for the fis- ‘‘(A) any county that has had 20 percent or (J) by inserting after paragraph (27), as so re-
cal year; bears to more of the population of such county living in designated, the following:
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H3372 CONGRESSIONAL RECORD — HOUSE June 30, 2021
‘‘(28) PROTECTIVE FEATURE.— ‘‘(B) costs for low-income travelers; and ‘‘(ii) the total amount of funds apportioned to
‘‘(A) IN GENERAL.—The term ‘protective fea- ‘‘(C) the extent to which transportation access all States for such program for fiscal year 2020.
ture’ means an improvement to a highway, is impacted by zoning policies and land use ‘‘(5) NATIONAL HIGHWAY FREIGHT PROGRAM.—
bridge, or other transportation facility designed planning practices that effect the affordability, For the national highway freight program, 3.38
to increase resilience or mitigate the risk of re- elasticity, and diversity of the housing supply.’’; percent of the amount remaining after distrib-
curring damage or the cost of future repairs and uting amounts under paragraphs (4), (6), (7),
from climate change effects (including sea level (2) in subsection (b)— and (10).
rise), flooding, and extreme events or other nat- (A) in paragraph (1) by striking ‘‘Defense,’’ ‘‘(6) METROPOLITAN PLANNING.—
ural disasters (including wildfires, seismic activ- and inserting ‘‘Defense Highways,’’; ‘‘(A) IN GENERAL.—For metropolitan planning,
ity, and landslides). (B) in paragraph (3)— an amount determined for the State under sub-
‘‘(B) INCLUSIONS.—The term ‘protective fea- (i) in subparagraph (A) by striking ‘‘Century’’ paragraphs (B) and (C).
ture’ includes— and inserting ‘‘century’’; ‘‘(B) TOTAL AMOUNT.—The total amount for
‘‘(i) raising roadway grades; (ii) in subparagraph (G) by striking ‘‘; and’’ metropolitan planning for all States shall be—
‘‘(ii) relocating roadways to higher ground and inserting a semicolon; ‘‘(i) $507,500,000 for fiscal year 2023;
above projected flood elevation levels or away (iii) in subparagraph (H) by striking ‘‘Cen- ‘‘(ii) $516,381,250 for fiscal year 2024;
from slide prone areas; tury.’’ and inserting ‘‘century;’’; and ‘‘(iii) $526,708,875 for fiscal year 2025; and
‘‘(iii) stabilizing slide areas; (iv) by adding at the end the following: ‘‘(iv) $536,189,635 for fiscal year 2026.
‘‘(iv) stabilizing slopes; ‘‘(I) safety is the highest priority of the De- ‘‘(C) STATE SHARE.—For each fiscal year, the
‘‘(v) lengthening or raising bridges to increase partment of Transportation, and the Secretary Secretary shall distribute among the States the
waterway openings; and States should take all actions necessary to amount for metropolitan planning under sub-
‘‘(vi) increasing the size or number of drain- meet the transportation needs of the 21st cen- paragraph (B) so that each State receives an
age structures; tury for all road users; amount equal to the proportion that—
‘‘(vii) replacing culverts with bridges or ‘‘(J) climate change presents a significant risk ‘‘(i) the amount apportioned to the State for
upsizing culverts; to safety, the economy, and national security, metropolitan planning for fiscal year 2020; bears
‘‘(viii) installing seismic retrofits on bridges; and reducing the contributions of the transpor- to
‘‘(ix) scour, stream stability, coastal, and tation system to the Nation’s total carbon pollu- ‘‘(ii) the total amount of funds apportioned to
other hydraulic countermeasures; tion is critical; and all States for metropolitan planning for fiscal
‘‘(x) the use of natural infrastructure; ‘‘(K) the Secretary and States should take ap- year 2020.
‘‘(xi) integration of the use of traditional and propriate measures and ensure investments to ‘‘(7) RAILWAY CROSSINGS.—
natural infrastructure features; increase the resilience of the Nation’s transpor- ‘‘(A) IN GENERAL.—For the railway crossings
‘‘(xii) undergrounding public utilities in the tation system.’’; and program, an amount determined for the State
course of other infrastructure improvements eli- (C) in paragraph (4)(A) by inserting ‘‘while under subparagraphs (B) and (C).
gible under this title; and ensuring that environmental protections are ‘‘(B) TOTAL AMOUNT.—The total amount for
‘‘(xiii) permeable pavements for stormwater maintained’’ after ‘‘review process’’. the railway crossings program for all States
management.’’; SEC. 1104. APPORTIONMENT. shall be $245,000,000 for each of fiscal years 2023
(K) by inserting after paragraph (30), as so re- (a) IN GENERAL.—Section 104 of title 23, through 2026.
designated, the following: United States Code, is amended— ‘‘(C) STATE SHARE.—
‘‘(31) REPEATEDLY DAMAGED FACILITY.—The (1) in subsection (a)(1) by striking subpara- ‘‘(i) IN GENERAL.—For each fiscal year, the
term ‘repeatedly damaged facility’ means a graphs (A) through (E) and inserting the fol- Secretary shall distribute among the States the
road, highway, or bridge that has required re- lowing: amount for the railway crossings program under
pair and reconstruction activities on 2 or more ‘‘(A) $530,000,000 for fiscal year 2023; subparagraph (B) as follows:
occasions due to natural disasters or cata- ‘‘(B) $543,000,000 for fiscal year 2024; ‘‘(I) 50 percent of the amount for a fiscal year
strophic failures resulting in emergencies de- ‘‘(C) $557,000,000 for fiscal year 2025; and shall be apportioned to States by the formula set
clared by the Governor of the State in which the ‘‘(D) $572,000,000 for fiscal year 2026.’’; forth in section 104(b)(3)(A) (as in effect on the
road, highway, or bridge is located or emer- (2) by striking subsections (b) and (c) and in- day before the date of enactment of MAP–21).
gencies or major disasters declared by the Presi- serting the following: ‘‘(II) 50 percent of the amount for a fiscal
dent under the Robert T. Stafford Disaster Re- ‘‘(b) DIVISION AMONG PROGRAMS OF STATE’S year shall be apportioned to States in the ratio
lief and Emergency Assistance Act (42 U.S.C. SHARE OF BASE APPORTIONMENT.—The Sec- that total public railway-highway crossings in
5121 et seq.). retary shall distribute the amount of the base each State bears to the total of such crossings in
‘‘(32) RESILIENCE.— apportionment apportioned to a State for a fis- all States.
‘‘(A) IN GENERAL.—The term ‘resilience’ cal year under subsection (c) among the covered ‘‘(ii) MINIMUM APPORTIONMENT.—Notwith-
means, with respect to a facility, the ability to— programs as follows: standing clause (i), for each fiscal year, each
‘‘(i) anticipate, prepare for, or adapt to condi- ‘‘(1) NATIONAL HIGHWAY PERFORMANCE PRO- State shall receive a minimum of one-half of 1
tions; or GRAM.—For the national highway performance percent of the total amount for the railway
‘‘(ii) withstand, respond to, or recover rapidly program, 55.09 percent of the amount remaining crossings program for such fiscal year under
from disruptions. after distributing amounts under paragraphs subparagraph (B).
‘‘(B) INCLUSIONS.—Such term includes, with (4), (6), (7), and (10). ‘‘(8) PREDISASTER MITIGATION PROGRAM.—For
respect to a facility, the ability to— ‘‘(2) SURFACE TRANSPORTATION PROGRAM.— the predisaster mitigation program, 2.96 percent
‘‘(i) resist hazards or withstand impacts from For the surface transportation program, 28.43 of the amount remaining after distributing
disruptions; percent of the amount remaining after distrib- amounts under paragraphs (4), (6), (7), and (10).
‘‘(ii) reduce the magnitude, duration, or im- uting amounts under paragraphs (4), (6), (7), ‘‘(9) CARBON POLLUTION REDUCTION PRO-
pact of a disruption; or and (10). GRAM.—For the carbon pollution reduction pro-
‘‘(iii) have the absorptive capacity, adaptive ‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO- gram, 3.95 percent of the amount remaining
capacity, and recoverability to decrease vulner- GRAM.—For the highway safety improvement after distributing amounts under paragraphs
ability to a disruption.’’; and program, 6.19 percent of the amount remaining (4), (6), (7), and (10).
(L) by inserting after paragraph (39), as so re- after distributing amounts under paragraphs ‘‘(10) CLEAN CORRIDORS.—
designated, the following: (4), (6), (7), and (10). ‘‘(A) IN GENERAL.—For the clean corridors
‘‘(40) TRANSPORTATION DEMAND MANAGEMENT; ‘‘(4) CONGESTION MITIGATION AND AIR QUALITY program, an amount determined for the State
TDM.—The terms ‘transportation demand man- IMPROVEMENT PROGRAM.— under subparagraphs (B) and (C).
agement’ and ‘TDM’ mean the use of strategies ‘‘(A) IN GENERAL.—For the congestion mitiga- ‘‘(B) TOTAL AMOUNT.—The total amount for
to inform and encourage travelers to maximize tion and air quality improvement program, an the clean corridors program for all States shall
the efficiency of a transportation system leading amount determined for the State under subpara- be $1,000,000,000 for each of fiscal years 2023
to improved mobility, reduced congestion, and graphs (B) and (C). through 2026.
lower vehicle emissions. ‘‘(B) TOTAL AMOUNT.—The total amount for ‘‘(C) STATE SHARE.—For each fiscal year, the
‘‘(41) TRANSPORTATION DEMAND MANAGEMENT the congestion mitigation and air quality im- Secretary shall distribute among the States the
STRATEGIES.—The term ‘transportation demand provement program for all States shall be— total amount for the clean corridors program
management strategies’ means the use of plan- ‘‘(i) $2,913,925,833 for fiscal year 2023; under subparagraph (B) so that each State re-
ning, programs, policy, marketing, communica- ‘‘(ii) $2,964,919,535 for fiscal year 2024; ceives the amount equal to the proportion that—
tions, incentives, pricing, data, and technology ‘‘(iii) $3,024,217,926 for fiscal year 2025; and ‘‘(i) the total base apportionment determined
to shift travel mode, routes used, departure ‘‘(iv) $3,078,653,849 for fiscal year 2026. for the State under subsection (c); bears to
times, number of trips, and location and design ‘‘(C) STATE SHARE.—For each fiscal year, the ‘‘(ii) the total base apportionments for all
work space or public attractions. Secretary shall distribute among the States the States under subsection (c).
ctelli on DSK11ZRN23PROD with HOUSE
‘‘(42) TRANSPORTATION SYSTEM ACCESS.—The amount for the congestion mitigation and air ‘‘(c) CALCULATION OF AMOUNTS.—
term ‘transportation system access’ means the quality improvement program under subpara- ‘‘(1) STATE SHARE.—For each of fiscal years
ability to travel by automobile, public transpor- graph (B) so that each State receives an amount 2023 through 2026, the amount for each State
tation, pedestrian, and bicycle networks, meas- equal to the proportion that— shall be determined as follows:
ured by travel time, taking into consideration— ‘‘(i) the amount apportioned to the State for ‘‘(A) INITIAL AMOUNTS.—The initial amounts
‘‘(A) the impacts of the level of travel stress the congestion mitigation and air quality im- for each State shall be determined by multi-
for non-motorized users; provement program for fiscal year 2020; bears to plying—
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3373
‘‘(i) each of— ‘‘paragraphs (5)(D) and (6) of section 104(b)’’ under section 5339 of such title, the amounts al-
‘‘(I) the base apportionment; and and inserting ‘‘section 104(b)(6)’’. located for a fiscal year for the zero emission
‘‘(II) supplemental funds reserved under sub- (d) STATEWIDE AND NONMETROPOLITAN TRANS- grants under section 5339(c) of such title;
section (h)(1) for the highway safety improve- PORTATION PLANNING.—Section 135(i) of title 23, ‘‘(ix) the amounts made available for growing
ment program; by United States Code, is amended by striking States under section 5340(c) of such title; and
‘‘(ii) the share for each State, which shall be ‘‘paragraphs (5)(D) and (6) of section 104(b)’’ ‘‘(x) the amounts made available for high den-
equal to the proportion that— and inserting ‘‘section 104(b)(6)’’. sity states under section 5340(d) of such title.’’;
‘‘(I) the amount of apportionments that the (e) METROPOLITAN TRANSPORTATION PLAN- (3) in subsection (d) by inserting ‘‘and section
State received for fiscal year 2020; bears to NING; TITLE 49.—Section 5303(p) of title 49, 5324 of title 49’’ after ‘‘section 125’’;
‘‘(II) the amount of those apportionments re- United States Code, is amended by striking ‘‘sec- (4) in subsection (e)—
ceived by all States for fiscal year 2020. tion 104(b)(5)’’ and inserting ‘‘section 104(b)(6)’’. (A) by striking ‘‘There is authorized’’ and in-
‘‘(B) ADJUSTMENTS TO AMOUNTS.—The initial SEC. 1105. ADDITIONAL DEPOSITS INTO HIGHWAY serting ‘‘For fiscal year 2023 and each fiscal
amounts resulting from the calculation under TRUST FUND. year thereafter, there is authorized’’; and
subparagraph (A) shall be adjusted to ensure Section 105 of title 23, United States Code, is (B) by striking ‘‘for any of fiscal years 2017
that each State receives an aggregate apportion- amended— through 2020’’; and
ment equal to at least 95 percent of the esti- (1) in subsection (a) by striking ‘‘FAST Act’’ (5) in subsection (f)(1) by striking ‘‘section
mated tax payments attributable to highway and inserting ‘‘INVEST in America Act’’; 1102 or 3018 of the FAST Act’’ and inserting
users in the State paid into the Highway Trust (2) in subsection (c)— ‘‘any other provision of law’’.
Fund (other than the Mass Transit Account) in (A) in paragraph (1)(A) by striking ‘‘to be ap-
SEC. 1106. TRANSPARENCY.
the most recent fiscal year for which data are propriated’’ each place it appears; and
(B) by adding at the end the following: (a) APPORTIONMENT.—Section 104 of title 23,
available. United States Code, is amended by striking sub-
‘‘(2) STATE APPORTIONMENT.—On October 1 of ‘‘(4) SPECIAL RULE.—
‘‘(A) ADJUSTMENT.—In making an adjustment section (g) and inserting the following:
fiscal years 2023 through 2026, the Secretary ‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY
under paragraph (1) for an allocation, reserva-
shall apportion the sums authorized to be ap- AND ACCOUNTABILITY REPORTS.—
tion, or set-aside from an amount authorized
propriated for expenditure on the covered pro- ‘‘(1) REQUIREMENT.—
from the Highway Account or Mass Transit Ac-
grams in accordance with paragraph (1).’’; ‘‘(A) IN GENERAL.—The Secretary shall com-
(3) in subsection (d)(1)(A)— count described in subparagraph (B), the Sec-
retary shall— pile data in accordance with this subsection on
(A) in clause (i) by striking ‘‘paragraphs
‘‘(i) determine the ratio that— the use of Federal-aid highway funds made
(5)(D) and (6) of subsection (b)’’ and inserting
‘‘(I) the amount authorized to be appropriated available under this title.
‘‘subsection (b)(6)’’; and
for the allocation, reservation, or set-aside from ‘‘(B) USER FRIENDLY DATA.—The data com-
(B) in clause (ii) by striking ‘‘paragraphs
the account for the fiscal year; bears to piled under subparagraph (A) shall be in a user
(5)(D) and (6) of subsection (b)’’ and inserting ‘‘(II) the total amount authorized to be appro- friendly format that can be searched,
‘‘subsection (b)(6)’’; and priated for such fiscal year for all programs downloaded, disaggregated, and filtered by data
(4) by striking subsections (h) and (i) and in- under such account; category.
serting the following: ‘‘(ii) multiply the ratio determined under ‘‘(2) PROJECT DATA.—
‘‘(h) SUPPLEMENTAL FUNDS.— clause (i) by the amount of the adjustment de-
‘‘(1) AMOUNT.—Before making an apportion- ‘‘(A) IN GENERAL.—Not later than 120 days
termined under subsection (b)(1)(B); and after the end of each fiscal year, the Secretary
ment for a fiscal year under subsection (c), the ‘‘(iii) adjust the amount that the Secretary
Secretary shall reserve for the highway safety shall make available on the website of the De-
would have allocated for the allocation, reserva- partment of Transportation a report that de-
improvement program under section 148 tion, or set-aside for such fiscal year but for this
$500,000,000 for each of fiscal years 2023 through scribes—
section by the amount calculated under clause ‘‘(i) the location of each active project within
2026 for the purpose of the safe streets set-aside (ii).
under section 148(m). each State during such fiscal year, including in
‘‘(B) ALLOCATIONS, RESERVATIONS, AND SET- which congressional district or districts such
‘‘(2) TREATMENT OF FUNDS.—Funds reserved ASIDES.—The allocations, reservations, and set-
under paragraph (1) and apportioned to a State project is located;
asides described in this subparagraph are— ‘‘(ii) the total cost of such project;
under subsection (c) shall be treated as if appor- ‘‘(i) from the amount made available for a fis-
tioned under subsection (b)(3), and shall be in ‘‘(iii) the amount of Federal funding obligated
cal year for the Federal lands transportation for such project;
addition to amounts apportioned under such program under section 203, the amounts allo-
subsection. ‘‘(iv) the program or programs from which
cated for a fiscal year for the National Park Federal funds have been obligated for such
‘‘(i) DEFINITIONS.—In this section: Service, the United States Fish and Wildlife
‘‘(1) BASE APPORTIONMENT.—The term ‘base project;
Service, the United States Forest Service, the ‘‘(v) whether such project is located in an
apportionment’ means— Corps of Engineers, the Bureau of Land Man-
‘‘(A) the combined amount authorized for the area of the State with a population of—
agement, the Bureau of Reclamation, and inde- ‘‘(I) less than 5,000 individuals;
covered programs; minus pendent Federal agencies with natural resource
‘‘(B) the supplemental funds reserved under ‘‘(II) 5,000 or more individuals but less than
and land management responsibilities; 50,000 individuals;
subsection (h) for the highway safety improve- ‘‘(ii) the amount made available for the Puer-
ment program. ‘‘(III) 50,000 or more individuals but less than
to Rico highway program under section
‘‘(2) COVERED PROGRAMS.—The term ‘covered 200,001 individuals; or
165(a)(1);
programs’ means— ‘‘(IV) greater than 200,000 individuals;
‘‘(iii) the amount made available for the terri-
‘‘(A) the national highway performance pro- ‘‘(vi) whether such project is located in an
torial highway program under section 165(a)(2);
gram under section 119; ‘‘(iv) from the amounts made available for a area of persistent poverty;
‘‘(B) the surface transportation program fiscal year for the urbanized areas formula ‘‘(vii) the type of improvement being made by
under section 133; grants under section 5307 of title 49, the such project, including categorizing such project
‘‘(C) the highway safety improvement program amounts allocated for a fiscal year for the pas- as—
under section 148; senger ferry grant program under section ‘‘(I) a road reconstruction project;
‘‘(D) the congestion mitigation and air quality 5307(h) of such title; ‘‘(II) a new road construction project;
improvement program under section 149; ‘‘(v) from the amounts made available for a ‘‘(III) a new bridge construction project;
‘‘(E) the national highway freight program fiscal year for the formula grants for rural areas ‘‘(IV) a bridge rehabilitation project; or
under section 167; under section 5311 of such title, the amounts al- ‘‘(V) a bridge replacement project; and
‘‘(F) metropolitan planning under section 134; located for a fiscal year for public transpor- ‘‘(viii) the functional classification of the
‘‘(G) the railway crossings program under sec- tation on Indian reservations; roadway on which such project is located.
tion 130; ‘‘(vi) from the amounts made available for a ‘‘(B) INTERACTIVE MAP.—In addition to the
‘‘(H) the predisaster mitigation program under fiscal year for the public transportation innova- data made available under subparagraph (A),
section 124; tion program under section 5312 of such title— the Secretary shall make available on the
‘‘(I) the carbon pollution reduction program ‘‘(I) the amounts allocated for the zero emis- website of the Department of Transportation an
under section 171; and sion vehicle component assessment under section interactive map that displays, for each active
‘‘(J) the clean corridors program under section 5312(h) of such title; and project, the information described in clauses (i)
151.’’. ‘‘(II) the amounts allocated for the transit co- through (v) of subparagraph (A).
(b) FEDERAL SHARE PAYABLE.—Section operative research program under section 5312(i) ‘‘(3) STATE DATA.—
120(c)(3) of title 23, United States Code, is of such title; ‘‘(A) APPORTIONED AND ALLOCATED PRO-
amended— ‘‘(vii) from the amounts made available for a GRAMS.—The website described in paragraph
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(1) in subparagraph (A) by striking ‘‘(5)(D),’’; fiscal year for the technical assistance and (2)(A) shall be updated annually to display the
and workforce development program of section 5314 Federal-aid highway funds apportioned and al-
(2) in subparagraph (C)(i) by striking of such title, the amounts allocated for the na- located to each State under this title, includ-
‘‘(5)(D),’’. tional transit institute under section 5314(c) of ing—
(c) METROPOLITAN TRANSPORTATION PLAN- such title; ‘‘(i) the amount of funding available for obli-
NING; TITLE 23.—Section 134(p) of title 23, ‘‘(viii) from the amounts made available for a gation by the State, including prior unobligated
United States Code, is amended by striking fiscal year for the bus and bus facilities program balances, at the start of the fiscal year;
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H3374 CONGRESSIONAL RECORD — HOUSE June 30, 2021
‘‘(ii) the amount of funding obligated by the posed to be advanced as a public-private part- of Transportation a copy of all letters of inter-
State during such fiscal year; nership, shall include a detailed value for est, proposals, workplans, and reports related to
‘‘(iii) the amount of funding remaining avail- money analysis or comparable analysis to deter- the special experimental project authority pur-
able for obligation by the State at the end of mine’’; and suant to section 502(b). The Secretary shall re-
such fiscal year; and (3) by adding at the end the following: dact confidential business information, as nec-
‘‘(iv) changes in the obligated, unexpended ‘‘(k) MEGAPROJECTS.— essary, from any such information published.
balance for the State. ‘‘(1) COMPREHENSIVE RISK MANAGEMENT ‘‘(2) NOTIFICATION.—Not later than 3 days be-
‘‘(B) PROGRAMMATIC DATA.—The data de- PLAN.—To be authorized for the construction of fore making a determination to proceed with an
scribed in subparagraph (A) shall include— a megaproject, the recipient of Federal financial experiment under a letter of interest described in
‘‘(i) the amount of funding by each appor- assistance under this title for such megaproject paragraph (1), the Secretary shall provide noti-
tioned and allocated program for which the shall submit to the Secretary a comprehensive fication and a description of the proposed exper-
State received funding under this title; risk management plan that contains— iment to the Committee on Transportation and
‘‘(ii) the amount of funding transferred be- ‘‘(A) a description of the process by which the Infrastructure of the House of Representatives
tween programs by the State during the fiscal recipient will identify, quantify, and monitor and the Committee on Environment and Public
year using the authority provided under section the risks, including natural hazards, that might Works of the Senate.
126; and result in cost overruns, project delays, reduced ‘‘(3) REPORT TO CONGRESS.—Not later than 2
‘‘(iii) the amount and program category of construction quality, or reductions in benefits years after the date of enactment of the INVEST
Federal funds exchanged as described in section with respect to the megaproject; in America Act, the Secretary shall submit to the
106(g)(6). ‘‘(B) examples of mechanisms the recipient Committee on Transportation and Infrastruc-
‘‘(4) DEFINITIONS.—In this subsection: will use to track risks identified pursuant to ture of the House of Representatives and the
‘‘(A) ACTIVE PROJECT.— subparagraph (A); Committee on Environment and Public Works of
‘‘(i) IN GENERAL.—The term ‘active project’ ‘‘(C) a plan to control such risks; and the Senate a report that includes—
means a Federal-aid highway project using ‘‘(D) such assurances as the Secretary deter- ‘‘(A) a summary of each experiment described
funds made available under this title on which mines appropriate that the recipient shall, with in this subsection carried out over the previous
those funds were obligated or expended during respect to the megaproject— 5 years; and
the fiscal year for which the estimated total cost ‘‘(i) regularly submit to the Secretary updated ‘‘(B) legislative recommendations, if any,
as of the start of construction is greater than cost estimates; and based on the findings of such experiments.
$5,000,000. ‘‘(ii) maintain and regularly reassess financial ‘‘(m) COMPETITIVE GRANT PROGRAM OVER-
‘‘(ii) EXCLUSION.—The term ‘active project’ reserves for addressing known and unknown SIGHT AND ACCOUNTABILITY.—
does not include any project for which funds risks. ‘‘(1) IN GENERAL.—To ensure the account-
are transferred to agencies other than the Fed- ‘‘(2) PEER REVIEW GROUP.— ability and oversight of the discretionary grant
eral Highway Administration. ‘‘(A) IN GENERAL.—Not later than 90 days selection process administered by the Secretary,
‘‘(B) INTERACTIVE MAP.—The term ‘interactive after the date on which a megaproject is author- a covered program shall be subject to the re-
map’ means a map displayed on the public ized for construction, the recipient of Federal fi- quirements of this section, in addition to the re-
website of the Department of Transportation nancial assistance under this title for such quirements applicable to each covered program.
that allows a user to select and view informa- megaproject shall establish a peer review group ‘‘(2) APPLICATION PROCESS.—The Secretary
tion for each active project, State, and congres- for such megaproject that consists of at least 5 shall—
sional district. individuals (including at least 1 individual with ‘‘(A) develop a template for applicants to use
‘‘(C) STATE.—The term ‘State’ means any of project management experience) to give expert to summarize—
advice on the scientific, technical, and project ‘‘(i) project needs and benefits; and
the 50 States or the District of Columbia.’’.
‘‘(ii) any factors, requirements, or consider-
(b) PROJECT APPROVAL AND OVERSIGHT.—Sec- management aspects of the megaproject.
‘‘(B) MEMBERSHIP.— ations established for the applicable covered
tion 106 of title 23, United States Code, is
‘‘(i) IN GENERAL.—Not later than 180 days program;
amended— ‘‘(B) create a data driven process to evaluate,
(1) in subsection (g)— after the date of enactment of this subsection,
as set forth in the covered program, each eligible
(A) in paragraph (4) by striking subparagraph the Secretary shall establish guidelines describ-
project for which an application is received; and
(B) and inserting the following: ing how a recipient described in subparagraph
‘‘(C) make a determination, based on the eval-
‘‘(B) ASSISTANCE TO STATES.—The Secretary (A) shall—
uation made pursuant to subparagraph (B), on
shall— ‘‘(I) recruit and select members for a peer re-
any ratings, rankings, scores, or similar metrics
‘‘(i) develop criteria for States to use to make view group established under such subpara-
for applications made to the covered program.
the determination required under subparagraph graph; and ‘‘(3) NOTIFICATION OF CONGRESS.—Not less
(A); and ‘‘(II) make publicly available the criteria for
than 15 days before making a grant for a cov-
‘‘(ii) provide training, guidance, and other as- such selection and identify the members so se-
ered program, the Secretary shall notify, in
sistance to States and subrecipients as needed to lected.
writing, the Committee on Transportation and
ensure that projects administered by subrecipi- ‘‘(ii) CONFLICT OF INTEREST.—No member of a
Infrastructure of the House of Representatives
ents comply with the requirements of this title. peer review group for a megaproject may have a
and the Committee on the Environment and
‘‘(C) PERIODIC REVIEW.—The Secretary shall direct or indirect financial interest in such
Public Works of the Senate of—
review, not less frequently than every 2 years, megaproject. ‘‘(A) the amount for each project proposed to
the monitoring of subrecipients by the States.’’; ‘‘(C) TASKS.—A peer review group established be selected;
and under subparagraph (A) by a recipient of Fed- ‘‘(B) a description of the review process;
(B) by adding at the end the following: eral financial assistance for a megaproject ‘‘(C) for each application, the determination
‘‘(6) FEDERAL FUNDING EXCHANGE PRO- shall— made under paragraph (2)(C); and
GRAMS.— ‘‘(i) meet annually until completion of the ‘‘(D) a detailed explanation of the basis for
‘‘(A) IN GENERAL.—If a State allows a sub- megaproject; each award proposed to be selected.
recipient to exchange Federal funds provided ‘‘(ii) not later than 90 days after the date of ‘‘(4) NOTIFICATION OF APPLICANTS.—Not later
under this title that are allocated to such sub- the establishment of the peer review group and than 30 days after making a grant for a project
recipient for State or local funds, the State must not later than 90 days after the date of any sig- under a covered program, the Secretary shall
certify to the Secretary that the State— nificant change, as determined by the Secretary, send to all applicants under such covered pro-
‘‘(i) has prevailing wage requirements that are to the scope, schedule, or budget of the gram, and publish on the website of the Depart-
comparable to the requirements under section megaproject, review the scope, schedule, and ment of Transportation—
113 that apply to the use of such State or local budget of the megaproject, including planning, ‘‘(A) a summary of each application made to
funds; and engineering, financing, and any other elements the covered program for the given round of
‘‘(ii) shall ensure that the prevailing wage re- determined appropriate by the Secretary; and funding; and
quirements described in clause (i) apply to the ‘‘(iii) submit to the Secretary, Congress, and ‘‘(B) the evaluation and justification for the
use of such State or local funds. such recipient a report on the findings of each project selection, including all ratings,
‘‘(B) APPLICABILITY.—The requirements of review under clause (ii). rankings, scores, or similar metrics for applica-
this paragraph shall apply only if the require- ‘‘(3) TRANSPARENCY.—Not later than 90 days tions made to the covered program for the given
ments of section 113 would be applicable to a after the submission of a report under para- round of funding during each phase of the
covered project if such project was carried out graph (2)(C)(iii), the Secretary shall publish on grant selection process.
using Federal funds. the website of the Department of Transportation ‘‘(5) BRIEFING.—The Secretary shall provide,
‘‘(C) COVERED PROJECT DEFINED.—In this such report. at the request of a grant applicant of a covered
paragraph, the term ‘covered project’ means a ‘‘(4) MEGAPROJECT DEFINED.—In this sub- program, the opportunity to receive a briefing to
ctelli on DSK11ZRN23PROD with HOUSE
project carried out with exchanged State or section, the term ‘megaproject’ means a project explain any reasons the grant applicant was not
local funds as described in subparagraph (A).’’; under this title that has an estimated total cost awarded a grant.
(2) in subsection (h)(3)— of $2,000,000,000 or more, and such other projects ‘‘(6) TEMPLATE.—The Secretary shall, to the
(A) in subparagraph (B) by striking ‘‘, as de- as may be identified by the Secretary. extent practicable, develop a template as de-
termined by the Secretary,’’; and ‘‘(l) SPECIAL EXPERIMENTAL PROJECTS.— scribed in paragraph (2)(A) for any discre-
(B) in subparagraph (D) by striking ‘‘shall as- ‘‘(1) PUBLIC AVAILABILITY.—The Secretary tionary program administered by the Secretary
sess’’ and inserting ‘‘in the case of a project pro- shall publish on the website of the Department that is not a covered program.
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3375
‘‘(7) COVERED PROGRAM DEFINED.—The term (A) in subparagraph (C) by striking ‘‘; and’’ paragraph, including the model policies or pro-
‘covered program’ means each of the following and inserting a semicolon; cedures described under subparagraph (B)(v).
discretionary grant programs: (B) in subparagraph (D) by striking the period ‘‘(B) CONTENTS.—The guidance described in
‘‘(A) Community climate innovation grants and inserting ‘‘; and’’; and this paragraph shall—
under section 172. (C) by adding at the end the following: ‘‘(i) provide best practices for States, metro-
‘‘(B) Federal lands and tribal major projects ‘‘(E) context sensitive design principles.’’; politan planning organizations, regional trans-
grants under section 208. (4) by striking subsection (o) and inserting the portation planning organizations, local govern-
‘‘(C) Mobility through advanced technologies following: ments, or other project sponsors to implement
grants under section 503(c)(4). ‘‘(o) COMPLIANCE WITH STATE LAWS FOR NON- context sensitive design principles;
‘‘(D) Rebuild rural bridges program under sec- NHS PROJECTS.— ‘‘(ii) identify opportunities to modify plan-
tion 1307 of the INVEST in America Act. ‘‘(1) IN GENERAL.—Projects (other than high- ning, scoping, design, and development proce-
‘‘(E) Parking for commercial motor vehicle way projects on the National Highway System) dures to more effectively combine modes of
grants under section 1308 of the INVEST in shall— transportation into integrated facilities that
America Act. ‘‘(A) be designed, constructed, operated, and meet the needs of each of such modes of trans-
‘‘(F) Active connected transportation grants maintained in accordance with State laws, regu- portation in an appropriate balance;
under section 1309 of the INVEST in America lations, directives, safety standards, design ‘‘(iii) identify metrics to assess the context of
Act. standards, and construction standards; and the facility, including surrounding land use or
‘‘(G) Wildlife crossings grants under section ‘‘(B) take into consideration context sensitive roadside characteristics;
1310 of the INVEST in America Act. design principles. ‘‘(iv) assess the expected operational and safe-
‘‘(H) Reconnecting neighborhoods capital con- ‘‘(2) DESIGN FLEXIBILITY.— ty performance of facility design; and
struction grants under section 1311(d) of the IN- ‘‘(A) IN GENERAL.— ‘‘(v) establish model policies or procedures,
VEST in America Act.’’. ‘‘(i) IN GENERAL.—A local jurisdiction may se-
consistent with the findings of such guidance,
(c) DIVISION OFFICE CONSISTENCY.—Not later lect the most appropriate design publication for
for a State or other project sponsor to evaluate
than 1 year after the date of enactment of this the roadway context in which the local jurisdic-
the context of a proposed facility and select the
Act, the Comptroller General of the United tion is located for the design of a project on a
appropriate facility design for the context.
States shall submit to Congress a report that— roadway (other than a highway on the National ‘‘(C) TOPICS OF EMPHASIS.—In addition to the
(1) analyzes the consistency of determinations Highway System) if— contents in subparagraph (B), the guidance
among division offices of the Federal Highway ‘‘(I) the local jurisdiction provides notification
shall emphasize—
Administration; and and justification of the use of such design publi-
‘‘(i) procedures for identifying the needs of
(2) makes recommendations to improve the cation to any State in which the project is lo-
users of all ages and abilities of a particular
consistency of such determinations. cated; and
roadway;
(d) IMPROVING RISK BASED STEWARDSHIP AND ‘‘(II) the design complies with all other appli-
‘‘(ii) procedures for identifying the types and
OVERSIGHT.—Not later than 180 days after the cable Federal and State laws.
designs of facilities needed to serve various
date of enactment of this Act, the Administrator ‘‘(ii) REVIEW.—If a State rejects a local juris-
modes of transportation;
of the Federal Highway Administration shall diction’s selection of a design publication under
‘‘(iii) safety and other benefits provided by
reference U.S. DOT Office of Inspector General this subparagraph, the local jurisdiction may
carrying out context sensitive design principles;
Report No. ST2020035 and take the following ac- submit notification and justification of such use
‘‘(iv) common barriers to carrying out context
tions, as necessary, to improve the risk based to the Secretary. The Secretary shall make a de-
sensitive design principles;
stewardship and oversight of the Federal High- termination to approve or deny such submission ‘‘(v) procedures for overcoming the most com-
way Administration: not later than 90 days after receiving such sub- mon barriers to carrying out context sensitive
(1) Update and implement Federal Highway mission. design principles;
‘‘(B) STATE-OWNED ROADS.—In the case of a
Administration guidance for risk-based project ‘‘(vi) procedures for identifying the costs asso-
roadway under the ownership of the State, the
involvement to clarify the requirements for its ciated with carrying out context sensitive design
local jurisdiction may select the most appro-
project risk-assessment process, including expec- principles;
priate design publication only with the concur- ‘‘(vii) procedures for maximizing local co-
tations for conducting and documenting the risk
rence of the State. operation in the introduction of context sen-
assessment and criteria to guide the reevalua-
‘‘(C) PROGRAMMATIC BASIS.—The Secretary
tion of project risks. sitive design principles and carrying out those
may consider the use of a design publication
(2) Identify and notify division offices of the principles; and
under this paragraph on a programmatic
Federal Highway Administration about sources ‘‘(viii) procedures for assessing and modifying
basis.’’; and
of information that can inform the project risk- the facilities and operational characteristics of
(5) by adding at the end the following:
assessment process. ‘‘(s) CONTEXT SENSITIVE DESIGN.— existing roadways to improve consistency with
(3) Update and implement Federal Highway ‘‘(1) CONTEXT SENSITIVE DESIGN PRINCIPLES.— context sensitive design principles.
Administration guidance for risk-based project The Secretary shall consult with State and local ‘‘(4) FUNDING.—Amounts made available
involvement to clarify how the link between ele- officials prior to approving any roadway design under sections 104(b)(6) and 505 of this title may
vated risks and associated oversight activities, publications under this section to ensure that be used for States, local governments, metropoli-
changes to oversight actions, and the results of the design publications provide adequate flexi- tan planning organizations, or regional trans-
its risk-based involvement should be documented bility for a project sponsor to select the appro- portation planning organizations to adopt poli-
in project oversight plans. priate design of a roadway, consistent with con- cies or procedures to evaluate the context of a
(4) Develop and implement a process to rou- text sensitive design principles. proposed roadway and select the appropriate
tinely monitor the implementation and evaluate ‘‘(2) POLICIES OR PROCEDURES.— design, consistent with context sensitive design
the effectiveness of Federal Highway Adminis- ‘‘(A) IN GENERAL.—Not later than 1 year after principles.’’.
tration risk-based project involvement. the Secretary publishes the final guidance de- (b) CONFORMING AMENDMENT.—Section 1404(b)
SEC. 1107. COMPLETE AND CONTEXT SENSITIVE scribed in paragraph (3), each State shall adopt of the FAST Act (23 U.S.C. 109 note) is repealed.
STREET DESIGN. policies or procedures to evaluate the context of SEC. 1108. FEDERAL SHARE.
(a) STANDARDS.—Section 109 of title 23, United a proposed roadway and select the appropriate (a) IN GENERAL.—Section 120(c)(3)(B) of title
States Code, is amended— design, consistent with context sensitive design 23, United States Code, is amended—
(1) in subsection (a)— principles. (1) by striking clauses (i) and (ii) and insert-
(A) in paragraph (1) by striking ‘‘planned fu- ‘‘(B) LOCAL GOVERNMENTS.—The Secretary ing the following:
ture traffic of the highway in a manner that is and States shall encourage local governments to ‘‘(i) prefabricated bridge elements and sys-
conducive to’’ and inserting ‘‘future operational adopt policies or procedures described under tems, innovative materials, and other tech-
performance of the facility in a manner that en- subparagraph (A). nologies to reduce bridge construction time, ex-
hances’’; and ‘‘(C) CONSIDERATIONS.—The policies or proce- tend service life, and reduce preservation costs,
(B) in paragraph (2) by inserting ‘‘, taking dures developed under this paragraph shall take as compared to conventionally designed and
into consideration context sensitive design prin- into consideration the guidance developed by constructed bridges;
ciples’’ after ‘‘each locality’’; the Secretary under paragraph (3). ‘‘(ii) innovative construction equipment, mate-
(2) in subsection (b)— ‘‘(3) GUIDANCE.— rials, techniques, or practices, including the use
(A) by striking ‘‘The geometric’’ and inserting ‘‘(A) IN GENERAL.— of in-place recycling technology, digital 3-di-
‘‘DESIGN CRITERIA FOR THE INTERSTATE SYS- ‘‘(i) NOTICE.—Not later than 1 year after the mensional modeling technologies, and advanced
TEM.—The geometric’’; and date of enactment of this subsection, the Sec- digital construction management systems;’’;
(B) by striking ‘‘the types and volumes of traf- retary shall publish guidance on the official (2) by redesignating clause (vi) as clause (ix);
fic anticipated for such project for the twenty- website of the Department of Transportation on (3) in clause (v) by striking ‘‘or’’ at the end;
ctelli on DSK11ZRN23PROD with HOUSE
year period commencing on the date of approval context sensitive design. and
by the Secretary, under section 106 of this title, ‘‘(ii) PUBLIC REVIEW AND COMMENT.—The (4) by inserting after clause (v) the following:
of the plans, specifications, and estimates for guidance described in this paragraph shall be fi- ‘‘(vi) innovative pavement materials that dem-
actual construction of such project’’ and insert- nalized following an opportunity for public re- onstrate reductions in—
ing ‘‘the existing and future operational per- view and comment. ‘‘(I) greenhouse gas emissions through seques-
formance of the facility’’; ‘‘(iii) UPDATE.—The Secretary shall periodi- tration or innovative manufacturing processes;
(3) in subsection (c)(1)— cally update the guidance described in this or
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H3376 CONGRESSIONAL RECORD — HOUSE June 30, 2021
‘‘(II) local air pollution, stormwater runoff, or ‘‘(vi) reconstruction of a toll-free Federal-aid lize pricing to manage the demand to use the fa-
noise pollution; highway (other than a highway on the Inter- cility by varying the toll amount that is
‘‘(vii) innovative culvert materials that are state System) and conversion of the highway to charged.
made with recycled content and demonstrate re- a toll facility; ‘‘(ii) REQUIREMENT.—Prior to entering into an
ductions in greenhouse gas emissions; ‘‘(vii) reconstruction, restoration, or rehabili- agreement to convert a non-tolled lane on the
‘‘(viii) contractual provisions that provide tation of a highway on the Interstate System if National Highway System to a toll facility, the
safety contingency funds to incorporate safety the number of toll-free non-HOV lanes, exclud- Secretary shall ensure (in addition to the re-
enhancements to work zones prior to or during ing auxiliary lanes, after reconstruction, res- quirements under subparagraphs (B), (C), and
roadway construction and maintenance activi- toration, or rehabilitation is not less than the (D)) that such toll facility and the planned in-
ties; or’’. number of toll-free non-HOV lanes, excluding vestments to improve public transportation or
(b) ENVIRONMENTAL JUSTICE COMMUNITIES.— auxiliary lanes, before reconstruction, restora- other non-tolled alternatives in the corridor are
Section 120(c) of title 23, United States Code, is tion, or rehabilitation; reasonably expected to improve the operation of
amended by adding at the end the following: ‘‘(viii) conversion of a high occupancy vehicle the cordon or corridor, as described in clauses
‘‘(4) ENVIRONMENTAL JUSTICE COMMUNITIES.— lane on a highway, bridge, or tunnel to a toll (iii) and (iv).
The Federal share payable on account of a facility, subject to the requirements of section ‘‘(iii) PERFORMANCE MONITORING.—A public
project, program, or activity carried out with 166; and authority that enters into an agreement to con-
funds apportioned under section 104(b)(5) may ‘‘(ix) preliminary studies to determine the fea- vert a non-tolled lane to a toll facility under
be increased by up to 10 percent, up to 100 per- sibility of a toll facility for which Federal par- this subparagraph shall—
cent of the total project cost of any such project, ticipation is authorized under this paragraph. ‘‘(I) establish, monitor, and support a per-
program, or activity that the Secretary deter- ‘‘(B) AGREEMENT TO TOLL.— formance monitoring, evaluation, and reporting
mines benefits an environmental justice commu- ‘‘(i) IN GENERAL.—Before the Secretary may program—
nity through reducing adverse environmental authorize tolling under this subsection, the pub- ‘‘(aa) for the toll facility that provides for
exposures that may disproportionately impact lic authority with jurisdiction over a highway, continuous monitoring, assessment, and report-
such communities.’’. bridge, or tunnel shall enter into an agreement ing on the impacts that the pricing structure
(c) TECHNICAL AMENDMENT.—Section 107(a)(2) with the Secretary to ensure compliance with may have on the operation of the facility; and
of title 23, United States Code, is amended by the requirements of this subsection. ‘‘(bb) for the corridor or cordon that provides
striking ‘‘subsection (c) of’’. ‘‘(ii) APPLICABILITY.— for continuous monitoring, assessment, and re-
SEC. 1109. TRANSFERABILITY OF FEDERAL-AID ‘‘(I) IN GENERAL.—The requirements of this porting on the impacts of congestion pricing on
HIGHWAY FUNDS. subparagraph shall apply to— the operation of the corridor or cordon;
Section 126(b) of title 23, United States Code, ‘‘(aa) Federal participation under subpara- ‘‘(II) submit to the Secretary annual reports of
is amended— graph (A); the impacts described in subclause (I); and
(1) in the heading by inserting ‘‘AND PRO- ‘‘(bb) any prior Federal participation in the ‘‘(III) if the facility or the corridor or cordon
GRAMS’’ after ‘‘SET-ASIDES’’; facility proposed to be tolled; and becomes degraded, as described in clause (iv),
(2) in paragraph (1) by striking ‘‘and ‘‘(cc) conversion, with or without Federal par- submit to the Secretary an annual update that
133(d)(1)(A)’’ and inserting ‘‘, 130, 133(d)(1)(A), ticipation, of a non-tolled lane on the National describes the actions proposed to bring the toll
133(h), 148(m), 149, 151(f), and 171’’; and Highway System to a toll facility under sub- facility into compliance and the progress made
(3) by striking paragraph (2) and inserting the paragraph (E). on such actions.
following: ‘‘(II) HOV FACILITY.—Except as otherwise ‘‘(iv) DETERMINATION.—
‘‘(2) ENVIRONMENTAL PROGRAMS.—With re- provided in this subsection or section 166, the ‘‘(I) DEGRADED OPERATION.—For purposes of
spect to an apportionment under either para- provisions of this paragraph shall not apply to clause (iii)(III), the operation of a toll facility
graph (4) or paragraph (9) of section 104(b), and a high occupancy vehicle facility. shall be considered to be degraded if vehicles op-
notwithstanding paragraph (1), a State may ‘‘(iii) MAJOR FEDERAL ACTION.—Approval by erating on the facility are failing to maintain a
only transfer not more than 50 percent from the the Secretary of an agreement to toll under this minimum average operating speed 90 percent of
amount of the apportionment of either such paragraph shall be considered a major Federal the time over a consecutive 180-day period dur-
paragraph to the apportionment under the other action under the National Environmental Policy ing peak hour periods.
such paragraph in a fiscal year.’’. Act of 1969 (42 U.S.C. 4321 et seq.). ‘‘(II) DEGRADED CORRIDOR OR CORDON.—For
SEC. 1110. TOLLING. ‘‘(C) AGREEMENT CONDITIONS.—Prior to enter- the purposes of clause (iii)(III), a corridor or
(a) TOLL ROADS, BRIDGES, TUNNELS, AND FER- ing into an agreement to toll under subpara- cordon shall be considered to be degraded if con-
RIES.—Section 129 of title 23, United States graph (B), the public authority shall certify to gestion pricing or investments to improve public
Code, is amended— the Secretary that— transportation or other non-tolled alternatives
(1) in subsection (a)— ‘‘(i) the public authority has established pro- have not resulted in—
(A) by striking paragraph (1) and inserting cedures to ensure the toll meets the purposes ‘‘(aa) an increase in person or freight
the following: and requirements of this subsection; throughput in the corridor or cordon; or
‘‘(1) IN GENERAL.— ‘‘(ii) the facility shall provide for access at no ‘‘(bb) a reduction in person hours of delay in
‘‘(A) AUTHORIZATION.—Subject to the provi- cost to public transportation vehicles and over- the corridor or cordon, as determined by the
sions of this section, Federal participation shall the-road buses serving the public; and Secretary.
be permitted on the same basis and in the same ‘‘(iii) the facility shall provide for the regional ‘‘(III) DEFINITION OF MINIMUM AVERAGE OPER-
manner as construction of toll-free highways is interoperability of electronic toll collection, in- ATING SPEED.—In this subparagraph, the term
permitted under this chapter in the— cluding through technologies or business prac- ‘minimum average operating speed’ means—
‘‘(i) initial construction of a toll highway, tices. ‘‘(aa) 35 miles per hour, in the case of a toll
bridge, or tunnel or approach to the highway, ‘‘(D) CONSIDERATION OF IMPACTS.— facility with a speed limit of 45 miles per hour
bridge, or tunnel; ‘‘(i) IN GENERAL.—Prior to entering into an or greater; and
‘‘(ii) initial construction of 1 or more lanes or agreement to toll under subparagraph (B), the ‘‘(bb) not more than 10 miles per hour below
other improvements that increase capacity of a Secretary shall ensure the public authority has the speed limit, in the case of a toll facility with
highway, bridge, or tunnel (other than a high- adequately considered, including by providing a speed limit of less than 50 miles per hour.
way on the Interstate System) and conversion of an opportunity for public comment, the fol- ‘‘(v) MAINTENANCE OF OPERATING PERFORM-
that highway, bridge, or tunnel to a tolled facil- lowing factors within the corridor: ANCE.—
ity, if the number of toll-free lanes, excluding ‘‘(I) Congestion impacts on both the toll facil- ‘‘(I) IN GENERAL.—Not later than 180 days
auxiliary lanes, after the construction is not less ity and in the corridor or cordon (including ad- after the date on which a facility or a corridor
than the number of toll-free lanes, excluding jacent toll-free facilities). or cordon becomes degraded under clause (iv),
auxiliary lanes, before the construction; ‘‘(II) In the case of a non-attainment or main- the public authority with jurisdiction over the
‘‘(iii) initial construction of 1 or more lanes or tenance area, air quality impacts. facility shall submit to the Secretary for ap-
other improvements that increase the capacity ‘‘(III) Planned investments to improve public proval a plan that details the actions the public
of a highway, bridge, or tunnel on the Inter- transportation or other non-tolled alternatives authority will take to make significant progress
state System and conversion of that highway, in the corridor. toward bringing the facility or corridor or cor-
bridge, or tunnel to a tolled facility, if the num- ‘‘(IV) Environmental justice and equity im- don into compliance with this subparagraph.
ber of toll-free non-HOV lanes, excluding auxil- pacts. ‘‘(II) NOTICE OF APPROVAL OR DISAPPROVAL.—
iary lanes, after such construction is not less ‘‘(V) Impacts on freight movement. Not later than 60 days after the date of receipt
than the number of toll-free non-HOV lanes, ex- ‘‘(VI) Economic impacts on businesses. of a plan under subclause (I), the Secretary
cluding auxiliary lanes, before such construc- ‘‘(ii) CONSIDERATION IN ENVIRONMENTAL RE- shall provide to the public authority a written
tion; VIEW.—Nothing in this subparagraph shall limit notice indicating whether the Secretary has ap-
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‘‘(iv) reconstruction, resurfacing, restoration, a public authority from meeting the require- proved or disapproved the plan based on a de-
rehabilitation, or replacement of a toll highway, ments of this subparagraph through the envi- termination of whether the implementation of
bridge, or tunnel or approach to the highway, ronmental review process, as applicable. the plan will make significant progress toward
bridge, or tunnel; ‘‘(E) CONGESTION PRICING.— bringing the facility or corridor or cordon into
‘‘(v) reconstruction or replacement of a toll- ‘‘(i) IN GENERAL.—The Secretary may author- compliance with this subparagraph.
free bridge or tunnel and conversion of the ize conversion of a non-tolled lane on the Na- ‘‘(III) UPDATE.—Until the date on which the
bridge or tunnel to a toll facility; tional Highway System to a toll facility to uti- Secretary determines that the public authority
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3377
has brought the facility or corridor or cordon cluding through technologies or business prac- (1) in subsection (b)—
into compliance with this subparagraph, the tices. (A) in paragraph (4)(C)(iii) by striking ‘‘trans-
public authority shall submit annual updates ‘‘(B) PROHIBITION ON RESTRICTION.—No State, portation buses’’ and inserting ‘‘transportation
that describe— or any political subdivision thereof, shall re- vehicles’’;
‘‘(aa) the actions taken to bring the facility strict the information that is shared across pub- (B) in paragraph (5)(B) by striking ‘‘2019’’
into compliance; lic and private toll facility operators or their and inserting ‘‘2025’’; and
‘‘(bb) the actions taken to bring the corridor agents or contractors for purposes of facili- (C) by adding at the end the following:
or cordon into compliance; and tating, operating, or maintaining electronic toll ‘‘(6) EMERGENCY VEHICLES.—The public au-
‘‘(cc) the progress made by those actions. collection programs. thority may allow the following vehicles to use
‘‘(IV) COMPLIANCE.—If a public authority ‘‘(11) NONCOMPLIANCE.—If the Secretary con- the HOV facility if the authority establishes re-
fails to bring a facility into compliance under cludes that a public authority has not complied quirements for clearly identifying the vehicles:
this subparagraph, the Secretary may subject with the requirements of this subsection, the ‘‘(A) An emergency vehicle that is responding
the public authority to appropriate program Secretary may require the public authority to to an existing emergency.
sanctions under section 1.36 of title 23, Code of discontinue collecting tolls until the public au- ‘‘(B) A blood transport vehicle that is trans-
Federal Regulations (or successor regulations), thority and the Secretary enter into an agree- porting blood between collection points and hos-
until the performance is no longer degraded. ment for the public authority to achieve compli- pitals or storage centers.’’.
‘‘(vi) CONSULTATION OF MPO.—If a toll facility ance with such requirements. (2) in subsection (d)(2)(A)(i) by striking ‘‘45
authorized under this subparagraph is located ‘‘(12) DEFINITIONS.—In this subsection, the miles per hour, in the case of a HOV facility
on the National Highway System and in a met- following definitions apply: with a speed limit of 50 miles per hour or great-
ropolitan planning area established in accord- ‘‘(A) FEDERAL PARTICIPATION.—The term er’’ and inserting ‘‘35 miles per hour, in the case
ance with section 134, the public authority shall ‘Federal participation’ means the use of funds of a HOV facility with a speed limit of 45 miles
consult with the metropolitan planning organi- made available under this title. per hour or greater’’;
zation for the area. ‘‘(B) HIGH OCCUPANCY VEHICLE; HOV.—The (3) in subsection (d)(2)(B) by striking ‘‘morn-
‘‘(vii) INCLUSION.—For the purposes of this term ‘high occupancy vehicle’ or ‘HOV’ means a ing or evening weekday peak hour periods (or
paragraph, the corridor or cordon shall include vehicle with not fewer than 2 occupants. both)’’ and inserting ‘‘peak hour periods’’;
toll-free facilities that are adjacent to the toll ‘‘(C) INITIAL CONSTRUCTION.— (4) in subsection (e)—
facility.’’; ‘‘(i) IN GENERAL.—The term ‘initial construc- (A) by striking ‘‘Not later than 180 days after
(B) in paragraph (3)— tion’ means the construction of a highway, the date of enactment of this section, the Ad-
(i) in subparagraph (A)— bridge, tunnel, or other facility at any time be- ministrator’’ and inserting ‘‘The Adminis-
(I) in clause (iv) by striking ‘‘and’’ at the end; fore it is open to traffic. trator’’;
and ‘‘(ii) EXCLUSIONS.—The term ‘initial construc- (B) in paragraph (1) by striking ‘‘and’’ at the
(II) by striking clause (v) and inserting the tion’ does not include any improvement to a end;
following: highway, bridge, tunnel, or other facility after (C) in paragraph (2) by striking the period at
‘‘(v) any project eligible under this title or it is open to traffic. the end and inserting ‘‘; and’’; and
chapter 53 of title 49 that improves the operation ‘‘(D) OVER-THE-ROAD BUS.—The term ‘over- (D) by adding at the end the following:
of the corridor or cordon by increasing person or the-road bus’ has the meaning given the term in ‘‘(3) not later than 180 days after the date of
freight throughput and reducing person hours section 301 of the Americans with Disabilities enactment of the INVEST in America Act, up-
of delay; Act of 1990 (42 U.S.C. 12181). date the requirements established under para-
‘‘(vi) toll discounts or rebates for users of the ‘‘(E) PUBLIC AUTHORITY.—The term ‘public graph (1).’’; and
toll facility that have no reasonable alternative authority’ means a State, interstate compact of (5) in subsection (f)—
transportation method to the toll facility; and States, or public entity designated by a State. (A) in paragraph (1)—
‘‘(vii) if the public authority certifies annu- ‘‘(F) PUBLIC TRANSPORTATION VEHICLE.—The (i) by striking subparagraphs (C), (D), and
ally that the tolled facility is being adequately term ‘public transportation vehicle’ has the (F); and
maintained and the cordon or corridor is not de- meaning given that term in section 166. (ii) by redesignating subparagraphs (E), (G),
graded under paragraph (1)(E), any revenues ‘‘(G) TOLL FACILITY.—The term ‘toll facility’ (H), and (I) as subparagraphs (C), (D), (E), and
remaining after funding the activities described means a toll highway, bridge, or tunnel or ap- (F), respectively; and
in clauses (i) through (vi) shall be considered proach to the highway, bridge, or tunnel con- (B) in paragraph (6)(B)(i) by striking ‘‘public
surplus revenue and may be used for any other structed or authorized to be tolled under this entity’’ and inserting ‘‘public transportation
purpose for which Federal funds may be obli- subsection.’’. service that is a recipient or subrecipient of
gated by a State under this title or chapter 53 of (b) REPEAL OF INTERSTATE SYSTEM RECON- funds under chapter 53 of title 49’’.
title 49.’’; and STRUCTION AND REHABILITATION PILOT PRO- SEC. 1112. BUY AMERICA.
(ii) by striking subparagraph (B) and insert-
GRAM.—Section 1216 of the Transportation Eq- (a) IN GENERAL.—Section 313 of title 23,
ing the following:
uity Act for the 21st Century (23 U.S.C. 129 United States Code, is amended—
‘‘(B) TRANSPARENCY.—
note), and the item related to such section in the (1) in subsection (a)—
‘‘(i) ANNUAL AUDIT.—
table of contents in section 1(b) of such Act, are (A) by striking ‘‘Notwithstanding’’ and insert-
‘‘(I) IN GENERAL.—A public authority with ju-
repealed. ing ‘‘IN GENERAL.—Notwithstanding’’;
risdiction over a toll facility shall conduct or
(c) VALUE PRICING PILOT PROGRAM.—Section (B) by striking ‘‘Secretary of Transportation’’
have an independent auditor conduct an an-
1012(b) of the Intermodal Surface Transpor- and inserting ‘‘Secretary’’;
nual audit of toll facility records to verify ade-
tation Efficiency Act of 1991 (23 U.S.C. 149 note) (C) by striking ‘‘the Surface Transportation
quate maintenance and compliance with sub-
is amended by adding at the end the following: Assistance Act of 1982 (96 Stat. 2097) or’’; and
paragraph (A), and report the results of the au-
‘‘(9) SUNSET.—The Secretary may not consider (D) by striking ‘‘and manufactured products’’
dits to the Secretary.
an expression of interest submitted under this and inserting ‘‘manufactured products, and
‘‘(II) RECORDS.—On reasonable notice, the
section after the date of enactment of this para- construction materials’’;
public authority shall make all records of the
graph.’’. (2) in subsection (b) by inserting ‘‘DETERMINA-
public authority pertaining to the toll facility
(d) SAVINGS CLAUSE.— TION.—’’ before ‘‘The provisions’’;
available for audit by the Secretary.
‘‘(ii) USE OF REVENUES.—A State or public au- (1) APPLICATION OF LIMITATIONS.—Any toll fa- (3) in subsection (c) by striking ‘‘For pur-
thority that obligates amounts under clauses cility described in paragraph (2) shall be subject poses’’ and inserting ‘‘CALCULATION.—For pur-
(v), (vi), or (vii) of subparagraph (A) shall an- to the requirements of section 129(a)(3) of title poses’’;
nually report to the Secretary a list of activities 23, United States Code, as in effect on the day (4) in subsection (d)—
funded with such amounts and the amount of before the date of enactment of this Act. (A) by striking ‘‘The Secretary of Transpor-
funding provided for each such activity.’’; (2) TOLL FACILITIES.—A toll facility described tation’’ and inserting ‘‘REQUIREMENTS.—The
(C) in paragraph (8) by striking ‘‘as of the in this paragraph is a facility that, on the day Secretary’’; and
date of enactment of the MAP–21, before com- prior to the date of enactment of this Act, was— (B) by striking ‘‘the Surface Transportation
mencing any activity authorized’’ and inserting (A) operating; Assistance Act of 1982 (96 Stat. 2097) or’’;
‘‘, before commencing any activity authorized’’; (B) in the planning and design phase; or (5) in subsection (g) by inserting ‘‘or within
(D) in paragraph (9)— (C) in the construction phase. the scope of the applicable finding, determina-
(i) by striking ‘‘bus’’ and inserting ‘‘vehicle’’; (e) REPORT.—Not later than 180 days after the tion, or environmental review decision made
and date of enactment of this Act, the Secretary of pursuant to authority granted by the Secretary
(ii) by striking ‘‘buses’’ and inserting ‘‘vehi- Transportation shall submit to Congress a re- under section 330, if applicable,’’ before ‘‘re-
cles’’; and port on the implementation of the interoper- gardless of the’’; and
ability of toll collection as required under sec-
ctelli on DSK11ZRN23PROD with HOUSE
(E) by striking paragraph (10) and inserting (6) by adding at the end the following:
the following: tion 1512(b) of MAP–21, including an assessment ‘‘(h) WAIVER PROCEDURE.—
‘‘(10) INTEROPERABILITY OF ELECTRONIC TOLL of the progress in, and barriers on, such imple- ‘‘(1) IN GENERAL.—Not later than 120 days
COLLECTION.— mentation. after the submission of a request for a waiver,
‘‘(A) IN GENERAL.—All toll facilities on Fed- SEC. 1111. HOV FACILITIES. the Secretary shall make a determination under
eral-aid highways shall provide for the regional Section 166 of title 23, United States Code, is paragraph (1) or (2) of subsection (b) as to
interoperability of electronic toll collection, in- amended— whether subsection (a) shall apply.
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H3378 CONGRESSIONAL RECORD — HOUSE June 30, 2021
‘‘(2) PUBLIC NOTIFICATION AND COMMENT.— study conducted under subsection (c)(1) deter- establish and maintain a list of known domestic
‘‘(A) IN GENERAL.—Not later than 30 days be- mines that the domestic supply of construction suppliers of covered items.
fore making a determination regarding a waiver materials is insufficient to meet the demand for (5) DEFINITION OF COVERED ITEM.—For the
described in paragraph (1), the Secretary shall activities covered under section 313 of title 23, purposes of this section, the term ‘‘covered item’’
provide notification and an opportunity for United States Code; and means any material or product (except for iron
public comment on the request for such waiver. (iii) provide for efficient and timely— and steel) subject to the requirements of section
‘‘(B) NOTIFICATION REQUIREMENTS.—The noti- (I) project delivery for project sponsors; and 313(a) of title 23, United States Code, that is
fication required under subparagraph (A) (II) administration for the Secretary. commonly used in highway construction or pro-
shall— (C) FINAL RULE.—The regulations issued pur- cured under the Federal-aid highway program.
‘‘(i) describe whether the application is being suant to subparagraph (A) shall not be finalized (d) IRON AND STEEL.—Subsections (b) and (c)
made for a determination described in sub- until the study under subsection (c) has been shall not affect the requirements under section
section (b)(1); and completed and considered by the Secretary in 635.410(b)(1)(ii) of title 23, Code of Federal Regu-
‘‘(ii) be provided to the public by electronic the rulemaking process under such subpara- lations, with respect to iron and steel.
means, including on the public website of the graph. (e) CONSTRUCTION MATERIALS DEFINED.—In
Department of Transportation. (2) CONSIDERATIONS.—The requirements of this section, the term ‘‘construction materials’’
‘‘(3) DETERMINATION.—Before a determination this section, and the amendments made by this has the meaning given such term in section 313
described in paragraph (1) takes effect, the Sec- section— of title 23, United States Code.
retary shall publish a detailed justification for (A) shall seek to maximize jobs located in the (f) SAFETEA-LU TECHNICAL CORRECTIONS
such determination that addresses all public United States; ACT OF 2008.—Section 117 of the SAFETEA–LU
comments received under paragraph (2)— (B) may establish domestic content require- Technical Corrections Act of 2008 (23 U.S.C. 313
‘‘(A) on the public website of the Department ments that are less than 100 percent and that in- note) is repealed.
of Transportation; and crease over time, based on the current and ex- SEC. 1113. FEDERAL-AID HIGHWAY PROJECT RE-
‘‘(B) if the Secretary issues a waiver with re- pected future domestic availability of construc- QUIREMENTS.
spect to such determination, in the Federal Reg- tion materials; and (a) IN GENERAL.—Section 113 of title 23,
ister. (C) shall take into consideration the study United States Code, is amended—
‘‘(i) REVIEW OF NATIONWIDE WAIVERS.— conducted under subsection (c), including any (1) by striking subsections (a) and (b) and in-
‘‘(1) IN GENERAL.—Not later than 1 year after potential— serting the following:
the date of enactment of this subsection, and at (i) disruption in the supply of construction ‘‘(a) IN GENERAL.—The Secretary shall take
least every 5 years thereafter, the Secretary materials to any State or isolated geographic re- such action as may be necessary to ensure that
shall review any standing nationwide waiver gion; and all laborers and mechanics employed by contrac-
issued by the Secretary under this section to en- (ii) impacts on the price of covered items. tors or subcontractors on construction work per-
sure such waiver remains justified. (3) APPLICABILITY.—The amendment made by formed on projects financed or otherwise as-
‘‘(2) PUBLIC NOTIFICATION AND OPPORTUNITY subsection (a)(1)(D) shall take effect beginning sisted in whole or in part by a loan, loan guar-
FOR COMMENT.— on the date that the Secretary establishes the antee, grant, credit enhancement, or any other
‘‘(A) IN GENERAL.—Not later than 30 days be- regulations described under paragraph (1). form of Federal assistance administered by the
fore the completion of a review under paragraph (c) STUDY ON SUPPLY CHAINS.— Secretary or the Department, including pro-
(1), the Secretary shall provide notification and (1) IN GENERAL.—The Secretary shall conduct grams to capitalize revolving loan funds and
an opportunity for public comment on such re- study on covered items that are commonly used subsequent financing cycles under such funds,
view. or acquired under title 23, United States Code, shall be paid wages at rates not less than those
‘‘(B) MEANS OF NOTIFICATION.—Notification including— prevailing on projects of a character similar in
provided under this subparagraph shall be pro- (A) construction materials; the locality, as determined by the Secretary of
vided by electronic means, including on the pub- (B) manufactured products; Labor in accordance with subchapter IV of
lic website of the Department of Transportation. (C) vehicles; and chapter 31 of title 40. With respect to the labor
‘‘(3) DETAILED JUSTIFICATION IN FEDERAL REG- (D) alternative fuel infrastructure and electric standards specified in this section, the Secretary
ISTER.—After the completion of a review under vehicle supply equipment. of Labor shall have the authority and functions
paragraph (1), the Secretary shall publish in the (2) CONSIDERATIONS.—The study under para- set forth in Reorganization Plan Numbered 14 of
Federal Register a detailed justification for the graph (1) shall consider— 1950 (64 Stat. 1267) and section 3145 of title 40.’’;
determination made under paragraph (1) that (A) the current domestic availability of cov- (2) by redesignating subsection (c) as sub-
addresses all public comments received under ered items of sufficient and reasonably available section (b); and
paragraph (2). quantity and of a satisfactory quality (includ- (3) in subsection (b), as so redesignated, by in-
‘‘(4) CONSIDERATION.—In conducting the re- ing any specific impacts in a State or isolated serting ‘‘APPRENTICESHIP AND SKILL TRAINING
view under paragraph (1), the Secretary shall geographic region, as applicable) neccessary to PROGRAMS.—’’ before ‘‘The provisions’’.
consider the study on supply chains carried out meet the demand for activities covered under (b) CONFORMING AMENDMENTS.—
under section 1112(c) of the INVEST in America section 313 of title 23, United State Code; (1) Section 133 of title 23, United States Code,
Act. (B) the current supply chain for covered is amended by striking subsection (i).
‘‘(j) REPORT.—Not later than 120 days after items; including the impacts of extracting, refin- (2) Section 167 of title 23, United States Code,
the last day of each fiscal year, the Secretary ing, manufacturing, and transporting domesti- is amended by striking subsection (l).
shall submit to the Committee on Transportation cally available covered items; (3) Section 1401 of the MAP–21 (23 U.S.C. 137
and Infrastructure of the House of Representa- (C) anticipated impacts to the environment, note) is amended by striking subsection (e).
tives, the Committee on Appropriations of the public health, and safety from transportation of SEC. 1114. STATE ASSUMPTION OF RESPONSI-
House of Representatives, the Committee on En- domestically available covered items; BILITY FOR CATEGORICAL EXCLU-
vironment and Public Works of the Senate, and (D) the esimated demand, in relation to total SIONS.
the Committee on Appropriations of the Senate domestic demand from all sources, for covered Section 326(c)(3) of title 23, United States
a report on the waivers provided under sub- items from— Code, is amended—
section (h) during the previous fiscal year and (i) procurement under the Federal-aid high- (1) by striking subparagraph (A) and inserting
the justifications for such waivers. way program; the following:
‘‘(k) CONSTRUCTION MATERIALS DEFINED.—In (ii) procurement under other programs admin- ‘‘(A) except as provided under subparagraph
this section, the term ‘construction materials’ istered by the Secretary of Transportation; and (C), have a term of not more than 3 years;’’;
means primary materials, except for iron and (iii) other Federal procurement; and (2) in subparagraph (B) by striking the period
steel, that are commonly used in highway con- (E) the delivery cost differential of domestic at the end and inserting ‘‘; and’’; and
struction, as determined by the Secretary.’’. covered items, as compared to non-domestic al- (3) by adding at the end the following:
(b) CONSTRUCTION MATERIALS.— ternatives, including any specific impacts in a ‘‘(C) for any State that has assumed the re-
(1) ESTABLISHMENT OF REQUIREMENTS.— State or isolated geographic region, as applica- sponsibility for categorical exclusions under this
(A) IN GENERAL.—The Secretary shall issue ble. section for at least 10 years, have a term of 5
such regulations as are necessary to implement (3) INSPECTOR GENERAL REVIEW.—Not later years.’’.
the amendment made by subsection (a)(1)(D). than 120 days after the Secretary completes the SEC. 1115. SURFACE TRANSPORTATION PROJECT
Such regulations shall ensure the continued study in paragraph (1), the Inspector General of DELIVERY PROGRAM WRITTEN
availability of construction materials to carry the Department of Transportation shall— AGREEMENTS.
out projects under title 23, United States Code. (A) review the extent to which the study Section 327 of title 23, United States Code, is
(B) CONSIDERATIONS.—The regulations issued under paragraph (1) addresses the consider- amended—
pursuant to subparagraph (A) shall— ations under paragraph (2); and (1) in subsection (a)(2)(G) by inserting ‘‘, in-
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(i) ensure the continued availability of con- (B) submit to the Committee on Transporation cluding the payment of fees awarded under sec-
struction materials to carry out projects under and Infrastructure of the House of Representa- tion 2412 of title 28’’ after ‘‘with the project’’.
title 23, United States Code; tives and Committee on Environment and Public (2) in subsection (c)—
(ii) include authority for the Secretary to Works of the Senate a report on the findings of (A) by striking paragraph (5) and inserting
waive the applicability of the requirement under the review under subparagraph (A). the following:
section 313(a) of title 23, United States Code, to (4) DOMESTIC SUPPLIERS.—As part of the re- ‘‘(5) except as provided under paragraph (7),
procure domestic construction materials if the view under this paragraph, the Secretary may have a term of not more than 5 years;’’;
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3379
(B) in paragraph (6) by striking the period at (B) require certified contractors, for the pur- National Scenic Area in recognition of the out-
the end and inserting ‘‘; and’’; and pose of carrying out aspects of applicable bridge standing natural, scenic, and recreational val-
(C) by adding at the end the following: projects described in paragraph (2), to employ a ues of the area.
‘‘(7) for any State that has participated in a substantial number of individuals that are (3) NATIONAL TRAIL SYSTEM.—The term ‘‘Na-
program under this section (or under a prede- trained and certified by a qualified training pro- tional Trail System’’ means an area described in
cessor program) for at least 10 years, have a gram as meeting the ANSI/NACE Number 13/ section 3 of the National Trails System Act (16
term of 10 years.’’; SSPC–ACS–1 standard or future versions of this U.S.C. 1242).
(3) in subsection (g)(1)— standard. (4) PUBLIC AUTHORITY; TOLL FACILITY.—The
(A) in subparagraph (C) by striking ‘‘an- (4) CERTIFICATION.—The applicable State de- terms ‘‘public authority’’ and ‘‘toll facility’’
nual’’; partment of transportation shall only accept have the meanings such terms would have if
(B) in subparagraph (B) by striking ‘‘and’’ at such terms were included in chapter 1 of title 23,
bids for projects that include aspects of applica-
the end; United States Code.
(C) by redesignating subparagraph (C) as sub- ble bridge projects described in paragraph (2)
paragraph (D); and from a certified contractor that presents written Subtitle B—Programmatic Infrastructure
(D) by inserting after subparagraph (B) the proof that the certification of such contractor Investment
following: meets the standards of SSPC QP1, QP2, and SEC. 1201. NATIONAL HIGHWAY PERFORMANCE
‘‘(C) in the case of an agreement period of QP3 or future versions of these standards. PROGRAM.
greater than 5 years under subsection (c)(7), (c) TRAINING PROGRAM.—As a condition of en- Section 119 of title 23, United States Code, is
conduct an audit covering the first 5 years of tering into a contract for an applicable bridge amended—
the agreement period; and’’; and project, each certified contractor shall provide (1) by striking subsection (b) and inserting the
(4) by adding at the end the following: training, through a qualified training program, following:
‘‘(m) AGENCY DEEMED TO BE FEDERAL AGEN- for each individual who is not a certified coat- ‘‘(b) PURPOSES.—The purposes of the national
CY.—A State agency that is assigned a responsi- ing applicator but that the certified contractor highway performance program shall be—
bility under an agreement under this section employs to carry out aspects of applicable bridge ‘‘(1) to provide support for the condition and
shall be deemed to be an agency of the United projects as described in subsection (b)(2). performance of the National Highway System,
States for the purposes of section 2412 of title SEC. 1117. SENSE OF CONGRESS. consistent with the asset management plans of
28.’’. It is the sense of Congress that— States;
SEC. 1116. CORROSION PREVENTION FOR (1) States should utilize life-cycle cost analysis ‘‘(2) to support progress toward the achieve-
BRIDGES. to evaluate the total economic cost of a trans- ment of performance targets of States estab-
(a) DEFINITIONS.—In this section: portation project over its expected lifetime; and lished under section 150;
(1) APPLICABLE BRIDGE PROJECTS.—The term (2) data indicating that future repair costs as- ‘‘(3) to increase the resilience of Federal-aid
‘‘applicable bridge projects’’ means a project for sociated with a transportation project fre- highways and bridges; and
construction, replacement, rehabilitation, pres- quently total more than half of the initial cost ‘‘(4) to provide support for the construction of
ervation, or protection, other than de minimis of the project, and that conducting life-cycle new facilities on the National Highway System,
work, as determined by the applicable State de- cost analysis prior to construction will help consistent with subsection (d)(3).’’;
partment of transportation, on a bridge project States identify the most cost-effective option, (2) in subsection (d)—
that receives financial assistance under title 23, improve their economic performance, and lower (A) in paragraph (1)(A) by striking ‘‘or freight
United States Code. the total cost of building and maintaining the movement on the National Highway System’’
(2) CERTIFIED CONTRACTOR.—The term ‘‘cer- project. and inserting ‘‘freight movement, environmental
tified contractor’’ means a contracting or sub- SEC. 1118. ACCOMMODATION OF CERTAIN FACILI- sustainability, transportation system access, or
contracting firm that has been certified by an TIES IN RIGHT-OF-WAY. combating climate change’’;
industry-wide recognized third party organiza- (a) IN GENERAL.—Notwithstanding chapter 1 (B) in paragraph (1)(B) by striking ‘‘and’’ at
tion that evaluates the capability of the con- of title 23, United States Code, electric vehicle the end;
tractor or subcontractor to properly perform 1 or charging infrastructure, renewable energy gen- (C) in paragraph (2)—
more specified aspects of applicable bridge eration facilities, electrical transmission and (i) in subparagraph (G)—
projects described in subsection (b)(2). (I) in clause (i) by inserting ‘‘and’’ at the end;
distribution infrastructure, and broadband in-
(3) QUALIFIED TRAINING PROGRAM.—The term (II) in clause (ii) by striking ‘‘; and’’ and in-
frastructure and conduit shall be treated as a
‘‘qualified training program’’ means a training serting a period; and
facility covered under part 645 of title 23, Code
program in corrosion control, mitigation, and (III) by striking clause (iii);
of Federal Regulations (or successor regula- (ii) in subparagraph (I) by inserting ‘‘, includ-
prevention that is either—
(A) offered or accredited by an organization tions), for purposes of being accommodated ing the installation of safety barriers and nets
that sets industry corrosion standards; or under section 109(l) of title 23, United States on bridges on the National Highway System’’
(B) an industrial coatings applicator training Code. after ‘‘National Highway System’’; and
program registered under the Act of August 16, (b) STATE APPROVAL.—A State, on behalf of (iii) by adding at the end the following:
1937 (29 U.S.C. 50 et seq.; commonly known as the Secretary of Transportation, may approve ‘‘(Q) Projects on or off the National Highway
the ‘‘National Apprenticeship Act’’) that meets the accommodation of the infrastructure and fa- System to reduce greenhouse gas emissions that
the standards of subpart A of part 29 and part cilities described in subsection (a) within any are eligible under section 171, including the in-
30 of title 29, Code of Federal Regulations. right-of-way on a Federal-aid highway pursu- stallation of electric vehicle charging infrastruc-
(b) APPLICABLE BRIDGE PROJECTS.— ant to section 109(l) of title 23, United States ture.
(1) QUALITY CONTROL.—A certified contractor Code. ‘‘(R) Projects on or off the National Highway
shall carry out aspects of an applicable bridge SEC. 1119. FEDERAL GRANTS FOR PEDESTRIAN System to enhance resilience of a transportation
project described in paragraph (2). AND BIKE SAFETY IMPROVEMENTS. facility eligible under section 124, including pro-
(2) ASPECTS OF APPLICABLE BRIDGE (a) IN GENERAL.—Notwithstanding any provi- tective features and natural infrastructure.
PROJECTS.—Aspects of an applicable bridge sion of title 23, United States Code, or any regu- ‘‘(S) Projects and strategies to reduce vehicle-
project referred to in paragraph (1) shall in- lation issued by the Secretary of Transpor- caused wildlife mortality related to, or to restore
clude— tation, section 129(a)(3) of such title shall not and maintain connectivity among terrestrial or
(A) surface preparation or coating application apply to a covered public authority that receives aquatic habitats affected by, a transportation
on steel or rebar of an applicable bridge project; funding under such title for pedestrian and bike facility eligible for assistance under this section.
(B) removal of a lead-based or other haz- safety improvements. ‘‘(T) Projects on or off the National Highway
ardous coating from steel of an existing applica- (b) NO TOLL.—A covered public authority may System to improve an evacuation route eligible
ble bridge project; and not charge a toll, fee, or other levy for use of under section 124(b)(1)(C).
(C) shop painting of structural steel or rebar such improvements. ‘‘(U) The removal, retrofit, repurposing, reme-
fabricated for installation on an applicable (c) EFFECTIVE DATE.—A covered public au- diation, or replacement of a highway on the Na-
bridge project. thority shall be eligible for the exemption under tional Highway System that creates a barrier to
(3) CORROSION MANAGEMENT SYSTEM.—In car- subsection (a) for 10 years after the date of en- community connectivity to improve access for
rying out an applicable bridge project, a State actment of this Act. Any such exemption grant- multiple modes of transportation.’’; and
department of transportation shall— ed shall remain in effect after the effective date (D) by adding at the end the following:
(A) implement a corrosion management system
described in this section. ‘‘(3) a project that is otherwise eligible under
that utilizes industry-recognized standards and
(d) DEFINITIONS.—In this section, the fol- this subsection to construct new capacity for
corrosion mitigation and prevention methods to lowing definitions apply: single occupancy passenger vehicles only if the
address— (1) COVERED PUBLIC AUTHORITY.—The term
(i) surface preparation; State—
(ii) protective coatings; ‘‘covered public authority’’ means a public au- ‘‘(A) has demonstrated progress in achieving a
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(iii) materials selection; thority with jurisdiction over a toll facility lo- state of good repair, as defined in the State’s
(iv) cathodic protection; cated within both— asset management plan, on the National High-
(v) corrosion engineering; (A) a National Scenic Area; and way System;
(vi) personnel training; and (B) the National Trail System. ‘‘(B) demonstrates that the project—
(vii) best practices in environmental protection (2) NATIONAL SCENIC AREA.—The term ‘‘Na- ‘‘(i) supports the achievement of performance
to prevent environmental degradation and up- tional Scenic Area’’ means an area of the Na- targets of the State established under section
hold public health. tional Forest System federally designated as a 150; and
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H3380 CONGRESSIONAL RECORD — HOUSE June 30, 2021
‘‘(ii) is more cost effective, as determined by ‘‘(ii) the establishment of region-wide telework ‘‘(II) identify investments and strategies to
benefit-cost analysis, than— training and programs. manage transportation demand and increase the
‘‘(I) an operational improvement to the facil- ‘‘(2) INFRASTRUCTURE RESILIENCE AND ADAPTA- rates of public transportation ridership, walk-
ity or corridor; TION.—No funds shall be obligated to a project ing, bicycling, and carpools; and
‘‘(II) the construction of a public transpor- under this section unless the project meets each ‘‘(III) recommend zoning and other land use
tation project eligible for assistance under chap- of the following criteria: policies that would support infill, transit-ori-
ter 53 of title 49; or ‘‘(A) The project is designed to ensure resil- ented development, and mixed use development.
‘‘(III) the construction of a non-single occu- ience over the anticipated service life of the sur- ‘‘(iii) VULNERABILITY ASSESSMENT.—A long-
pancy passenger vehicle project that improves face transportation infrastructure asset. range transportation plan shall incorporate a
freight movement; and ‘‘(B) The project is identified in the metropoli- vulnerability assessment that—
‘‘(C) has a public plan for maintaining and tan or statewide transportation improvement ‘‘(I) includes a risk-based assessment of
operating the new asset while continuing its program as a project to address resilience vulnerabilities of critical transportation assets
progress in achieving a state of good repair vulnerabilities, consistent with section and systems to covered events (as such term is
under subparagraph (A).’’; 134(j)(3)(E) or 135(g)(5)(B)(iii). defined in section 124);
(3) in subsection (e)— ‘‘(3) PRIORITIZATION OF PROJECTS.—A State ‘‘(II) considers, as applicable, the risk man-
(A) in the heading by inserting ‘‘ASSET AND’’ shall develop a process to prioritize projects agement analysis in the State’s asset manage-
after ‘‘STATE’’; under this section based on the degree to which ment plan developed pursuant to section 119,
(B) in paragraph (4)(D) by striking ‘‘anal- the proposed project would— and the State’s evaluation of reasonable alter-
ysis’’ and inserting ‘‘analyses, both of which ‘‘(A) be cost effective in the long-term; natives to repeatedly damaged facilities con-
shall take into consideration climate change ad- ‘‘(B) reduce the risk of disruption to a surface ducted under part 667 of title 23, Code of Fed-
aptation and resilience’’; and transportation infrastructure asset considered eral Regulations;
(C) in paragraph (8) by striking ‘‘Not later critical to support population centers, freight ‘‘(III) at the discretion of the metropolitan
than 18 months after the date of enactment of movement, economic activity, evacuation, recov- planning organization, identifies evacuation
the MAP–21, the Secretary’’ and inserting ‘‘The ery, national security functions, or critical in- routes, assesses the ability of any such routes to
Secretary’’; and frastructure; and provide safe passage for evacuation, access to
(4) by adding at the end the following: ‘‘(C) ease disruptions to vulnerable, at-risk, or health care and public health facilities, and
‘‘(k) BENEFIT-COST ANALYSIS.—In carrying transit-dependant populations. emergency response during an emergency event,
out subsection (d)(3)(B)(ii), the Secretary shall ‘‘(c) GUIDANCE.—The Secretary shall provide and identifies any improvements or redundant
establish a process for analyzing the cost and guidance to States to assist with the implemen- facilities necessary to adequately facilitate safe
benefits of projects under such subsection, en- tation of paragraphs (2) and (3) of subsection passage;
suring that— (b). ‘‘(IV) describes the metropolitan planning or-
‘‘(1) the benefit-cost analysis includes a cal- ‘‘(d) DEFINITIONS.—In this section: ganization’s adaptation and resilience improve-
culation of all the benefits addressed in the per- ‘‘(1) COVERED EVENT.—The term ‘covered ment strategies that will inform the transpor-
formance measures established under section event’ means a climate change effect (including tation investment decisions of the metropolitan
150; sea level rise), flooding, and an extreme event or planning organization; and
‘‘(2) the benefit-cost analysis includes a con- other natural disaster (including wildfires, seis- ‘‘(V) is consistent with and complementary of
sideration of the total maintenance cost of an mic activity, and landslides). the State, Tribal, and local mitigation plans re-
asset over the lifecycle of the asset; and ‘‘(2) SURFACE TRANSPORTATION INFRASTRUC- quired under section 322 of the Robert T. Staf-
‘‘(3) the State demonstrates that any transpor- TURE ASSET.—The term ‘surface transportation ford Disaster Relief and Emergency Assistance
tation demand modeling used to calculate the infrastructure asset’ means a facility eligible for Act (42 U.S.C. 5165).
benefit-cost analysis has a documented record of assistance under this title or chapter 53 of title ‘‘(iv) CONSULTATION.—The assessment de-
accuracy.’’. 49.’’. scribed in this subparagraph shall be developed
SEC. 1202.INCREASING THE RESILIENCE OF (2) CONFORMING AMENDMENT.—The analysis in consultation with, as appropriate, State,
TRANSPORTATION ASSETS. for chapter 1 of title 23, United States Code, is local, and Tribal officials responsible for land
(a) PREDISASTER MITIGATION PROGRAM.— amended by inserting after the item relating to
(1) IN GENERAL.—Chapter 1 of title 23, United use, housing, resilience, hazard mitigation, and
section 123 the following: emergency management.’’.
States Code, is amended by inserting after sec- ‘‘124. Predisaster mitigation program.’’. (B) RESILIENCE PROJECTS.—Section 134(j)(3) of
tion 123 the following: (b) PROJECTS IN FLOOD-PRONE AREAS.—Sec- title 23, United States Code, is amended by add-
‘‘§ 124. Predisaster mitigation program tion 109 of title 23, United States Code, is fur- ing at the end the following:
‘‘(a) ESTABLISHMENT.—The Secretary shall es- ther amended by adding at the end the fol- ‘‘(E) RESILIENCE PROJECTS.—The TIP shall—
tablish and implement a predisaster mitigation lowing: ‘‘(i) identify any projects that address the
program to enhance the resilience of the trans- ‘‘(t) PROJECTS IN FLOOD-PRONE AREAS.—For vulnerabilities identified by the assessment in
portation system of the United States, mitigate projects and actions that, in whole or in part, subsection (i)(2)(I)(iii); and
the impacts of covered events, and ensure the ef- encroach within the limits of a flood-prone area, ‘‘(ii) describe how each project identified
ficient use of Federal resources. the Secretary shall ensure that such projects under clause (i) would improve the resilience of
‘‘(b) ELIGIBLE ACTIVITIES.— and actions are— the transportation system.’’.
‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(1) designed and constructed in a way that (2) AMENDMENTS TO TITLE 49.—
funds apportioned to the State under section takes into account, and mitigates where appro- (A) CLIMATE CHANGE AND RESILIENCE.—Sec-
104(b)(8) may be obligated for— priate, flood risk by using hydrologic, hydrau- tion 5303(i)(2) of title 49, United States Code, is
‘‘(A) construction activities, including con- lic, and hydrodynamic data, methods, and anal- amended by adding at the end the following:
struction of natural infrastructure or protective ysis that integrate current and projected ‘‘(I) CLIMATE CHANGE AND RESILIENCE.—
features— changes in flooding based on climate science ‘‘(i) IN GENERAL.—The transportation plan-
‘‘(i) to increase the resilience of a surface over the anticipated service life of the asset and ning process shall assess strategies to reduce the
transportation infrastructure asset to withstand future forecasted land use changes; and climate change impacts of the surface transpor-
a covered event; ‘‘(2) designed using analysis that considers tation system and conduct a vulnerability as-
‘‘(ii) to relocate or provide a reasonable alter- the capital costs, risks, and other economic, en- sessment to identify opportunities to enhance
native to a repeatedly damaged facility; and gineering, social and environmental concerns of the resilience of the surface transportation sys-
‘‘(iii) for an evacuation route identified in the constructing a project in a flood-prone area.’’. tem and ensure the efficient use of Federal re-
vulnerability assessment required under section (c) METROPOLITAN TRANSPORTATION PLAN- sources.
134(i)(2)(I)(iii) or section 135(f)(10)(C) to— NING.— ‘‘(ii) CLIMATE CHANGE MITIGATION AND IM-
‘‘(I) improve the capacity or operation of such (1) AMENDMENTS TO TITLE 23.— PACTS.—A long-range transportation plan
evacuation route through communications and (A) CLIMATE CHANGE AND RESILIENCE.—Sec- shall—
intelligent transportation system equipment and tion 134(i)(2) of title 23, United States Code, is ‘‘(I) identify investments and strategies to re-
infrastructure, counterflow measures, and amended by adding at the end the following: duce transportation-related sources of green-
shoulders; and ‘‘(I) CLIMATE CHANGE AND RESILIENCE.— house gas emissions per capita;
‘‘(II) relocate such evacuation route or pro- ‘‘(i) IN GENERAL.—The transportation plan- ‘‘(II) identify investments and strategies to
vide a reasonable alternative to such evacuation ning process shall assess strategies to reduce the manage transportation demand and increase the
route to address the risk of a covered event; climate change impacts of the surface transpor- rates of public transportation ridership, walk-
‘‘(B) resilience planning activities, including tation system and conduct a vulnerability as- ing, bicycling, and carpools; and
activities described in sections 134(i)(2)(I) and sessment to identify opportunities to enhance ‘‘(III) recommend zoning and other land use
135(f)(10) of this title and sections 5303(i)(2)(I) the resilience of the surface transportation sys- policies that would support infill, transit-ori-
and 5304(f)(10) of title 49; and tem and ensure the efficient use of Federal re- ented development, and mixed use development.
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‘‘(C) the development of projects and programs sources. ‘‘(iii) VULNERABILITY ASSESSMENT.—A long-
that help States, territories, and regions recover ‘‘(ii) CLIMATE CHANGE MITIGATION AND IM- range transportation plan shall incorporate a
from covered events that significantly disrupt PACTS.—A long-range transportation plan vulnerability assessment that—
the transportation system, including— shall— ‘‘(I) includes a risk-based assessment of
‘‘(i) predisaster training programs that help ‘‘(I) identify investments and strategies to re- vulnerabilities of critical transportation assets
agencies and regional stakeholders plan for and duce transportation-related sources of green- and systems to covered events (as such term is
prepare multimodal recovery efforts; and house gas emissions per capita; defined in section 124 of title 23);
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3381
‘‘(II) considers, as applicable, the risk man- improvements or redundant facilities necessary Tribal officials responsible for land use, hous-
agement analysis in the State’s asset manage- to adequately facilitate safe passage; ing, resilience, hazard mitigation, and emer-
ment plan developed pursuant to section 119 of ‘‘(iv) describes the States’s adaptation and re- gency management.’’.
title 23, and the State’s evaluation of reasonable silience improvement strategies that will inform (B) RESILIENCE PROJECTS.—Section
alternatives to repeatedly damaged facilities the transportation investment decisions of the 5304(g)(5)(B) of title 49, United States Code, is
conducted under part 667 of title 23, Code of State; and amended by adding at the end the following:
Federal Regulations; ‘‘(v) is consistent with and complementary of ‘‘(iii) RESILIENCE PROJECTS.—The STIP shall—
‘‘(III) at the discretion of the metropolitan the State, Tribal, and local mitigation plans re- ‘‘(I) identify projects that address the
planning organization, identifies evacuation quired under section 322 of the Robert T. Staf- vulnerabilities identified by the assessment in
routes, assesses the ability of any such routes to ford Disaster Relief and Emergency Assistance subsection (i)(10)(B); and
provide safe passage for evacuation, access to Act (42 U.S.C. 5165). ‘‘(II) describe how each project identified
health care and public health facilities, and ‘‘(D) CONSULTATION.—The assessment de- under subclause (I) would improve the resilience
emergency response during an emergency event, scribed in this paragraph shall be developed in of the transportation system.’’.
and identifies any improvements or redundant consultation with, as appropriate, metropolitan SEC. 1203. EMERGENCY RELIEF.
facilities necessary to adequately facilitate safe planning organizations and State, local, and (a) IN GENERAL.—Section 125 of title 23,
passage; Tribal officials responsible for land use, hous- United States Code, is amended—
‘‘(IV) describes the metropolitan planning or- ing, resilience, hazard mitigation, and emer- (1) in subsection (a)(1) by inserting ‘‘wild-
ganization’s adaptation and resilience improve- gency management.’’. fire,’’ after ‘‘severe storm,’’;
ment strategies that will inform the transpor- (B) RESILIENCE PROJECTS.—Section (2) by striking subsection (b);
tation investment decisions of the metropolitan 135(g)(5)(B) of title 23, United States Code, is (3) in subsection (c)(2)(A) by striking ‘‘in any
planning organization; and amended by adding at the end the following: 1 fiscal year commencing after September 30,
‘‘(V) is consistent with and complementary of ‘‘(iii) RESILIENCE PROJECTS.—The STIP shall— 1980,’’ and inserting ‘‘in any fiscal year’’;
the State, Tribal, and local mitigation plans re- ‘‘(I) identify projects that address the (4) in subsection (d)—
vulnerabilities identified by the assessment in (A) in paragraph (3)(C) by striking ‘‘(as de-
quired under section 322 of the Robert T. Staf-
subsection (i)(10)(B); and fined in subsection (e)(1))’’;
ford Disaster Relief and Emergency Assistance
‘‘(II) describe how each project identified (B) by redesignating paragraph (3) as para-
Act (42 U.S.C. 5165).
under subclause (I) would improve the resilience graph (4); and
‘‘(iv) CONSULTATION.—The assessment de- (C) by striking paragraphs (1) and (2) and in-
scribed in this subparagraph shall be developed of the transportation system.’’.
(2) AMENDMENTS TO TITLE 49.— serting the following:
in consultation, as appropriate, with State, ‘‘(1) IN GENERAL.—The Secretary may expend
local, and Tribal officials responsible for land (A) CLIMATE CHANGE AND RESILIENCE.—Sec-
funds from the emergency fund authorized by
use, housing, resilience, hazard mitigation, and tion 5304(f) of title 49, United States Code, is
this section only for the repair or reconstruction
emergency management.’’. amended by adding at the end the following:
‘‘(10) CLIMATE CHANGE AND RESILIENCE.— of highways on Federal-aid highways in accord-
(B) RESILIENCE PROJECTS.—Section 5303(j)(3) ance with this chapter.
of title 49, United States Code, is amended by ‘‘(A) IN GENERAL.—The transportation plan-
‘‘(2) RESTRICTIONS.—
adding at the end the following: ning process shall assess strategies to reduce the
‘‘(A) IN GENERAL.—No funds shall be ex-
‘‘(E) RESILIENCE PROJECTS.—The TIP shall— climate change impacts of the surface transpor-
pended from the emergency fund authorized by
‘‘(i) identify any projects that address the tation system and conduct a vulnerability as-
this section unless—
vulnerabilities identified by the assessment in sessment to identify opportunities to enhance ‘‘(i) an emergency has been declared by the
subsection (i)(2)(I)(iii); and the resilience of the surface transportation sys- Governor of the State with concurrence by the
‘‘(ii) describe how each project identified tem and ensure the efficient use of Federal re- Secretary, unless the President has declared the
under clause (i) would improve the resilience of sources. emergency to be a major disaster for the pur-
the transportation system.’’. ‘‘(B) CLIMATE CHANGE MITIGATION AND IM- poses of the Robert T. Stafford Disaster Relief
(d) STATEWIDE AND NONMETROPOLITAN PLAN- PACTS.—A long-range transportation plan and Emergency Assistance Act (42 U.S.C. 5121 et
NING.— shall— seq.) for which concurrence of the Secretary is
(1) AMENDMENTS TO TITLE 23.— ‘‘(i) identify investments and strategies to re-
not required; and
(A) CLIMATE CHANGE AND RESILIENCE.—Sec- duce transportation-related sources of green- ‘‘(ii) the Secretary has received an application
tion 135(f) of title 23, United States Code, is house gas emissions per capita; from the State transportation department that
amended by adding at the end the following: ‘‘(ii) identify investments and strategies to includes a comprehensive list of all eligible
‘‘(10) CLIMATE CHANGE AND RESILIENCE.— manage transportation demand and increase the project sites and repair costs by not later than
‘‘(A) IN GENERAL.—The transportation plan- rates of public transportation ridership, walk- 2 years after the natural disaster or catastrophic
ning process shall assess strategies to reduce the ing, bicycling, and carpools; and failure.
climate change impacts of the surface transpor- ‘‘(iii) recommend zoning and other land use ‘‘(B) COST LIMITATION.—The total cost of a
tation system and conduct a vulnerability as- policies that would support infill, transit-ori- project funded under this section may not ex-
sessment to identify opportunities to enhance ented development, and mixed use development. ceed the cost of repair or reconstruction of a
the resilience of the surface transportation sys- ‘‘(C) VULNERABILITY ASSESSMENT.—A long- comparable facility unless the Secretary deter-
tem and ensure the efficient use of Federal re- range transportation plan shall incorporate a mines that the project incorporates economically
sources. vulnerability assessment that— justified betterments, including protective fea-
‘‘(B) CLIMATE CHANGE MITIGATION AND IM- ‘‘(i) includes a risk-based assessment of
tures to increase the resilience of the facility.
PACTS.—A long-range transportation plan vulnerabilities of critical transportation assets ‘‘(C) REPEATEDLY DAMAGED FACILITIES.—An
shall— and systems to covered events (as such term is application submitted under this section for the
‘‘(i) identify investments and strategies to re- defined in section 124 of title 23); permanent repair or reconstruction of a repeat-
duce transportation-related sources of green- ‘‘(ii) considers, as applicable, the risk manage- edly damaged facility shall include consider-
house gas emissions per capita; ment analysis in the State’s asset management ation and, if feasible, incorporation of economi-
‘‘(ii) identify investments and strategies to plan developed pursuant to section 119 of title cally justifiable betterments, including protec-
manage transportation demand and increase the 23, and the State’s evaluation of reasonable al- tive features, to increase the resilience of such
rates of public transportation ridership, walk- ternatives to repeatedly damaged facilities con- facility.
ing, bicycling, and carpools; and ducted under part 667 of title 23, Code of Fed- ‘‘(3) SPECIAL RULE FOR BRIDGE PROJECTS.—In
‘‘(iii) recommend zoning and other land use eral Regulations; no case shall funds be used under this section
policies that would support infill, transit-ori- ‘‘(iii) identifies evacuation routes, assesses the for the repair or reconstruction of a bridge—
ented development, and mixed use development. ability of any such routes to provide safe pas- ‘‘(A) that has been permanently closed to all
‘‘(C) VULNERABILITY ASSESSMENT.—A long- sage for evacuation, access to health care and vehicular traffic by the State or responsible
range transportation plan shall incorporate a public health facilities, and emergency response local official because of imminent danger of col-
vulnerability assessment that— during an emergency event, and identifies any lapse due to a structural deficiency or physical
‘‘(i) includes a risk-based assessment of improvements or redundant facilities necessary deterioration; or
vulnerabilities of critical transportation assets to adequately facilitate safe passage; ‘‘(B) if a construction phase of a replacement
and systems to covered events (as such term is ‘‘(iv) describes the State’s adaptation and re- structure is included in the approved statewide
defined in section 124); silience improvement strategies that will inform transportation improvement program at the time
‘‘(ii) considers, as applicable, the risk manage- the transportation investment decisions of the of an event described in subsection (a).’’;
ment analysis in the State’s asset management State; and (5) in subsection (e)—
plan developed pursuant to section 119, and the ‘‘(v) is consistent with and complementary of (A) by striking paragraph (1);
State’s evaluation of reasonable alternatives to the State, Tribal, and local mitigation plans re- (B) in paragraph (2) by striking ‘‘subsection
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repeatedly damaged facilities conducted under quired under section 322 of the Robert T. Staf- (d)(1)’’ and inserting ‘‘subsection (c)(1)’’; and
part 667 of title 23, Code of Federal Regulations; ford Disaster Relief and Emergency Assistance (C) by redesignating paragraphs (2) and (3),
‘‘(iii) identifies evacuation routes, assesses the Act (42 U.S.C. 5165). as amended, as paragraphs (1) and (2), respec-
ability of any such routes to provide safe pas- ‘‘(D) CONSULTATION.—The assessment de- tively;
sage for evacuation, access to health care and scribed in this paragraph shall be developed in (6) by redesignating subsections (c) through
public health facilities, and emergency response consultation with, as appropriate, metropolitan (g), as amended, as subsections (b) through (f),
during an emergency event, and identifies any planning organizations and State, local, and respectively; and
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H3382 CONGRESSIONAL RECORD — HOUSE June 30, 2021
(7) by adding at the end the following: enactment of the INVEST in America Act, the (B) by striking ‘‘then the entire’’ and insert-
‘‘(g) IMPOSITION OF DEADLINE.— Secretary shall— ing ‘‘the’’; and
‘‘(1) IN GENERAL.—Notwithstanding any other ‘‘(1) revise the emergency relief manual of the (C) by striking ‘‘, subject to section 120 and
provision of law, the Secretary may not require Federal Highway Administration— subsection (b) of this section,’’;
any project funded under this section to ad- ‘‘(A) to include and reflect the definition of (3) by amending subsection (b) to read as fol-
vance to the construction obligation stage before the term ‘resilience’ (as defined in section lows:
the date that is the last day of the sixth fiscal 101(a)); ‘‘(b) CLASSIFICATION.—
year after the later of— ‘‘(B) to identify procedures that States may ‘‘(1) IN GENERAL.—The construction of
‘‘(A) the date on which the Governor declared use to incorporate resilience into emergency re- projects for the elimination of hazards at rail-
the emergency, as described in subsection lief projects; and way crossings represents a benefit to the rail-
(c)(2)(A)(i); or ‘‘(C) to consider economically justified better- road. The Secretary shall classify the various
‘‘(B) the date on which the President declared ments in emergency relief projects, such as— types of projects involved in the elimination of
the emergency to be a major disaster, as de- ‘‘(i) protective features that increase the resil- hazards of railway-highway crossings, and
scribed in such subsection. ience of the facility; and shall set for each such classification a percent-
‘‘(2) EXTENSION OF DEADLINE.—If the Sec- ‘‘(ii) incorporation of context sensitive design age of the total project cost that represent the
retary imposes a deadline for advancement to principles and other planned betterments that benefit to the railroad or railroads for the pur-
the construction obligation stage pursuant to improve the safety of the facility; pose of determining the railroad’s share of the
paragraph (1), the Secretary may, upon the re- ‘‘(2) consider transportation system access for total project cost. The Secretary shall determine
quest of the Governor of the State, issue an ex- moderate and low-income families impacted by a the appropriate classification of each project.
tension of not more than 1 year to complete such major disaster or emergency declared by the ‘‘(2) NONCASH CONTRIBUTIONS.—
advancement, and may issue additional exten- President under section 401 of the Robert T. ‘‘(A) IN GENERAL.—Not more than 5 percent of
sions after the expiration of any extension, if Stafford Disaster Relief and Emergency Assist- the cost share described in paragraph (1) may be
the Secretary determines the Governor of the ance Act (42 U.S.C. 5170); attributable to noncash contributions of mate-
State has provided suitable justification to war- ‘‘(3) develop best practices for improving the rials and labor furnished by the railroad in con-
rant such an extension. use of resilience in— nection with the construction of such project.
‘‘(h) HAZARD MITIGATION PILOT PROGRAM.— ‘‘(A) the emergency relief program under this ‘‘(B) REQUIREMENT.—The requirements under
‘‘(1) IN GENERAL.—The Secretary shall estab- section; and section 200.306 and 200.403(g) of title 2, Code of
lish a hazard mitigation pilot program for the ‘‘(B) emergency relief efforts; Federal Regulations (or successor regulations),
purpose of mitigating future hazards posed to ‘‘(4) provide to division offices of the Federal shall apply to any noncash contributions under
Federal-aid highways, Federal lands transpor- Highway Administration and State departments this subsection.
tation facilities, and Tribal transportation fa- of transportation information on the best prac- ‘‘(3) TOTAL PROJECT COST.—For the purposes
cilities. tices developed under paragraph (2); and of this subsection, the determination of the rail-
‘‘(2) ALLOCATION OF FUNDS.— ‘‘(5) develop and implement a process to road’s share of the total project cost shall in-
‘‘(A) AUTHORIZATION OF APPROPRIATIONS.— track— clude environment, design, right-of-way, utility
There is authorized to be appropriated such ‘‘(A) the consideration of resilience as part of accommodation, and construction phases of the
sums as may be necessary for the pilot program the emergency relief program under this section; project.’’;
established under this subsection. and (4) in subsection (c)—
‘‘(B) CALCULATION.—Annually, the Secretary ‘‘(B) the costs of emergency relief projects. (A) by striking ‘‘Any railroad involved’’ and
shall calculate the total amount of outstanding ‘‘(j) DEFINITIONS.—In this section: inserting ‘‘BENEFIT.—Any railroad involved’’;
eligible repair costs under the emergency relief ‘‘(1) COMPARABLE FACILITY.—The term ‘com- (B) by striking ‘‘the net benefit’’ and inserting
program under this section, including the emer- parable facility’ means a facility that meets the ‘‘the cost associated with the benefit’’; and
gency relief backlog, for each State, territory, current geometric and construction standards (C) by striking ‘‘Such payment may consist in
and Indian Tribe. required for the types and volume of traffic that whole or in part of materials and labor fur-
‘‘(C) ALLOCATION.—Any amounts made avail- the facility will carry over its design life. nished by the railroad in connection with the
able under this subsection shall be distributed to ‘‘(2) CONSTRUCTION PHASE.—The term ‘con- construction of such project.’’;
each State, territory, or Indian Tribe based on— struction phase’ means the phase of physical (5) by striking subsection (e) and inserting the
‘‘(i) the ratio that the total amount of out- construction of a highway or bridge facility that following:
standing eligible repair costs for such State, ter- is separate from any other identified phases, ‘‘(e) RAILWAY CROSSINGS.—
ritory, or Indian Tribe, as described under sub- such as planning, design, or right-of-way ‘‘(1) ELIGIBLE ACTIVITIES.—Funds apportioned
paragraph (B); bears to phases, in the State transportation improvement to a State under section 104(b)(7) may be obli-
‘‘(ii) the total amount of outstanding eligible program. gated for the following:
repair costs for all States, territories, and Indian ‘‘(3) OPEN TO PUBLIC TRAVEL.—The term ‘open ‘‘(A) The elimination of hazards at railway-
Tribes, as described under subparagraph (B). to public travel’ means with respect to a road, highway crossings, including technology or pro-
‘‘(D) LIMITATION.—The allocation to a State, that, except during scheduled periods, extreme tective upgrades.
territory, or Indian Tribe described under sub- weather conditions, or emergencies, the road— ‘‘(B) Construction or installation of protective
paragraph (C) shall not exceed 5 percent of the ‘‘(A) is maintained; devices (including replacement of functionally
total amount of outstanding eligible repair costs ‘‘(B) is open to the general public; and obsolete protective devices) at railway-highway
under the emergency relief program for such ‘‘(C) can accommodate travel by a standard crossings.
State, territory, or Indian Tribe, as described in passenger vehicle, without restrictive gates or ‘‘(C) Infrastructure and noninfrastructure
subparagraph (B). prohibitive signs or regulations, other than for projects and strategies to prevent or reduce sui-
‘‘(3) ELIGIBLE ACTIVITIES.—Amounts made general traffic control or restrictions based on cide or trespasser fatalities and injuries along
available under this subsection shall be used for size, weight, or class of registration. railroad rights-of-way and at or near railway-
protective features or other hazard mitigation ‘‘(4) STANDARD PASSENGER VEHICLE.—The term highway crossings.
activities that— ‘standard passenger vehicle’ means a vehicle ‘‘(D) Projects to mitigate any degradation in
‘‘(A) the Secretary determines are cost effec- with 6 inches of clearance from the lowest point the level of access from a highway-grade cross-
tive and that reduce the risk of, or increase the of the frame, body, suspension, or differential to ing closure.
resilience to, future damage to existing assets as the ground.’’. ‘‘(E) Bicycle and pedestrian railway grade
a result of natural disasters; and (b) CONFORMING AMENDMENTS.— crossing improvements, including underpasses
‘‘(B) are eligible under section 124. (1) FEDERAL LANDS AND TRIBAL TRANSPOR- and overpasses.
‘‘(4) REPORT.—For each fiscal year in which TATION PROGRAMS.—Section 201(c)(8)(A) of title ‘‘(F) Projects eligible under section 22907(c)(5)
funding is made available for the program under 23, United States Code, is amended by striking of title 49, provided that amounts obligated
this subsection, the Secretary shall submit to the ‘‘section 125(e)’’ and inserting ‘‘section 125(j)’’. under this subparagraph—
Committee on Transportation and Infrastruc- (2) TRIBAL TRANSPORTATION PROGRAM.—Sec- ‘‘(i) shall be administered by the Secretary in
ture of the House of Representatives and the tion 202(b)(6)(A) of title 23, United States Code, accordance with such section as if such amounts
Committee on Environment and Public Works of is amended by striking ‘‘section 125(e)’’ and in- were made available to carry out such section;
the Senate a report detailing— serting ‘‘section 125(d)’’. and
‘‘(A) a description of the activities carried out (c) REPEAL.—Section 668.105(h) of title 23, ‘‘(ii) may be used to pay up to 90 percent of
under the pilot program; Code of Federal Regulations, is repealed. the non-Federal share of the cost of a project
‘‘(B) an evaluation of the effectiveness of the SEC. 1204. RAILWAY CROSSINGS. carried out under such section.
pilot program in meeting purposes described in (a) IN GENERAL.—Section 130 of title 23, ‘‘(2) SPECIAL RULE.—If a State demonstrates
paragraph (1); and United States Code, is amended— to the satisfaction of the Secretary that the
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‘‘(C) policy recommendations to improve the (1) in the section heading by striking ‘‘Rail- State has met all its needs for installation of
effectiveness of the pilot program. way-highway crossings’’ and inserting ‘‘Rail- protective devices at railway-highway crossings,
‘‘(5) SUNSET.—The authority provided under way crossings’’; the State may use funds made available by this
this subsection shall terminate on October 1, (2) in subsection (a)— section for other highway safety improvement
2025. (A) by striking ‘‘Subject to section 120 and program purposes.’’;
‘‘(i) IMPROVING THE EMERGENCY RELIEF PRO- subsection (b) of this section, the entire’’ and in- (6) by striking subsection (f) and inserting the
GRAM.—Not later than 1 year after the date of serting ‘‘IN GENERAL.—The’’; following:
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3383
‘‘(f) FEDERAL SHARE.—Notwithstanding sec- (B) in paragraph (1)(B) by inserting ‘‘, except ‘‘(3) LOCAL COORDINATION AND CONSULTA-
tion 120, the Federal share payable on account that for the purposes of this section hovercraft TION.—
of any project financed with funds made avail- and terminal facilities for hovercraft engaging ‘‘(A) COORDINATION WITH METROPOLITAN
able to carry out subsection (e) shall be up to 90 in water transit for passengers or vehicles shall PLANNING ORGANIZATIONS.—For purposes of
percent of the cost thereof.’’; be considered ferry boats and ferry terminal fa- paragraph (1)(A)(ii), a State shall—
(7) by striking subsection (g) and inserting the cilities eligible under section 129(c)’’ after ‘‘sec- ‘‘(i) establish a process to coordinate with all
following: tion 129(c)’’; metropolitan planning organizations in the
‘‘(g) REPORT.— (C) in paragraph (4) by striking ‘‘railway- State that represent an urbanized area described
‘‘(1) STATE REPORT.— highway grade crossings’’ and inserting in such paragraph; and
‘‘(A) IN GENERAL.—Not later than 2 years ‘‘projects eligible under section 130 and installa- ‘‘(ii) describe how funds described under para-
after the date of enactment of the INVEST in tion of safety barriers and nets on bridges’’; graph (1)(A)(ii) will be allocated equitably
America Act, and at least biennially thereafter, (D) in paragraph (6)— among such urbanized areas during the period
each State shall submit to the Secretary a report (i) by striking ‘‘Recreational’’ and inserting of fiscal years 2023 through 2026.
on the progress being made to implement the ‘‘Transportation alternatives projects eligible ‘‘(B) JOINT RESPONSIBILITY.—Each State and
railway crossings program authorized by this under subsection (h), recreational’’; and the Secretary shall jointly ensure compliance
section and the effectiveness of projects to im- (ii) by striking ‘‘1404 of SAFETEA–LU (23 with subparagraph (A).
prove railway crossing safety. U.S.C. 402 note)’’ and inserting ‘‘211’’; ‘‘(C) CONSULTATION WITH REGIONAL TRANS-
‘‘(B) CONTENTS.—Each State report under (E) in paragraph (12) by striking ‘‘travel’’ and PORTATION PLANNING ORGANIZATIONS.—For pur-
subparagraph (A) shall contain an assessment inserting ‘‘transportation’’; and poses of clauses (iii) and (iv) of paragraph
of the costs of the various treatments employed (F) by adding at the end the following: (1)(A), before obligating funding attributed to
and subsequent accident experience at improved ‘‘(16) Protective features (including natural an area with a population less than 50,000, a
locations. infrastructure and vegetation control and clear- State shall consult with the regional transpor-
‘‘(2) DEPARTMENTAL REPORT.— ance) to enhance the resilience of a transpor- tation planning organizations that represent the
‘‘(A) IN GENERAL.—Not later than 180 days tation facility otherwise eligible for assistance area, if any.’’;
after the deadline for the submission of a report under this section. (C) in the heading for paragraph (4) by strik-
under paragraph (1)(A), the Secretary shall ‘‘(17) Projects to reduce greenhouse gas emis- ing ‘‘OVER 200,000’’ and inserting ‘‘GREATER THAN
publish on the website of the Department of sions eligible under section 171, including the in- 200,000’’;
stallation of electric vehicle charging infrastruc- (D) by striking paragraph (6) and inserting
Transportation a report on the progress being
ture. the following:
made by the State in implementing projects to
‘‘(18) Projects and strategies to reduce vehicle- ‘‘(6) TECHNICAL ASSISTANCE.—
improve railway crossings. ‘‘(A) IN GENERAL.—The State and all metro-
caused wildlife mortality related to, or to restore
‘‘(B) CONTENTS.—The report under subpara- politan planning organizations in the State that
and maintain connectivity among terrestrial or
graph (A) shall include— represent an urbanized area with a population
‘‘(i) the number of projects undertaken; aquatic habitats affected by, a transportation
facility otherwise eligible for assistance under of greater than 200,000 may jointly establish a
‘‘(ii) distribution of such projects by cost
this section. program to improve the ability of applicants to
range, road system, nature of treatment, and
‘‘(19) A surface transportation project carried deliver projects under this subsection in an effi-
subsequent accident experience at improved lo-
out in accordance with the national travel and cient and expeditious manner and reduce the
cations;
tourism infrastructure strategic plan under sec- period of time between the selection of the
‘‘(iii) an analysis and evaluation of each
tion 1431(e) of the FAST Act (49 U.S.C. 301 project and the obligation of funds for the
State program;
note). project by providing—
‘‘(iv) the identification of any State found not ‘‘(i) technical assistance and training to ap-
‘‘(20) roads in rural areas that primarily serve
to be in compliance with the schedule of im- plicants for projects under this subsection; and
to transport agricultural products from a farm
provements required by subsection (d); and ‘‘(ii) funding for one or more full-time State,
or ranch to a marketplace.
‘‘(v) recommendations for future implementa- ‘‘(21) The removal, retrofit, repurposing, reme- regional, or local government employee positions
tion of the railway crossings program.’’; diation, or replacement of a highway or other to administer this subsection.
(8) in subsection (j)— transportation facility that creates a barrier to ‘‘(B) ELIGIBLE FUNDS.—To carry out this
(A) in the heading by inserting ‘‘AND PEDES- community connectivity to improve access for paragraph, a State or metropolitan planning or-
TRIAN’’ after ‘‘BICYCLE’’; and ganization may use funds made available under
multiple modes of transportation.’’;
(B) by inserting ‘‘and pedestrian’’ after ‘‘bicy- (4) in subsection (c)— paragraphs (2) or (6) of section 104(b).
cle’’; and (A) by striking ‘‘block grant’’ and inserting ‘‘(C) USE OF FUNDS.—Amounts used under this
(9) in subsection (l)— ‘‘program’’; paragraph may be expended—
(A) in paragraph (1) by striking ‘‘Not later (B) by striking paragraph (3) and inserting ‘‘(i) directly by the State or metropolitan plan-
than’’ and all that follows through ‘‘each the following: ning organization; or
State’’ and inserting ‘‘Not later than 6 months ‘‘(3) for a project described in— ‘‘(ii) through contracts with State agencies,
after a new railway crossing becomes oper- ‘‘(A) subsection (h); or private entities, or nonprofit organizations.’’;
ational, each State’’; and ‘‘(B) section 101(a)(29), as in effect on the day (6) in subsection (e)—
(B) in paragraph (2) by striking ‘‘On a peri- before the date of enactment of the FAST Act;’’; (A) in paragraph (1)—
odic’’ and all that follows through ‘‘every year (C) by redesignating paragraph (4) as para- (i) by striking ‘‘over 200,000’’ and inserting
thereafter’’ and inserting ‘‘On or before Sep- graph (5); and ‘‘greater than 200,000’’; and
tember 30 of each year’’. (D) by inserting after paragraph (3) the fol- (ii) by striking ‘‘2016 through 2020’’ and in-
(b) CLERICAL AMENDMENT.—The analysis for lowing: serting ‘‘2023 through 2026’’; and
chapter 1 of title 23, United States Code, is ‘‘(4) for a project described in section 5308 of (B) by adding at the end the following:
amended by amending the item relating to sec- title 49; and’’; ‘‘(3) ANNUAL AMOUNTS.—To the extent prac-
tion 130 to read as follows: (5) in subsection (d)— ticable, each State shall annually notify each
(A) in paragraph (1)— affected metropolitan planning organization as
‘‘130. Railway crossings.’’. to the amount of obligation authority that will
(c) GAO STUDY.—Not later than 2 years after (i) by inserting ‘‘each fiscal year’’ after ‘‘ap-
portioned to a State’’; be made available under paragraph (1) to each
the date of enactment of this Act, the Comp-
(ii) by striking ‘‘the reservation of’’ and in- affected metropolitan planning organization for
troller General of the United States shall submit
serting ‘‘setting aside’’; and the fiscal year.’’;
to Congress a report that includes an analysis of (7) by striking subsection (f) and inserting the
(iii) in subparagraph (A)—
the effectiveness of the railway crossing pro- (I) by striking ‘‘the percentage specified in following:
gram under section 130 of title 23, United States paragraph (6) for a fiscal year’’ and inserting ‘‘(f) BRIDGES NOT ON FEDERAL-AID HIGH-
Code. ‘‘57 percent for fiscal year 2023, 58 percent for WAYS.—
(d) SENSE OF CONGRESS RELATING TO TRES- fiscal year 2024, 59 percent for fiscal year 2025, ‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In
PASSER DEATHS ALONG RAILROAD RIGHTS-OF- this subsection, the term ‘off-system bridge’
and 60 percent for fiscal year 2026’’;
WAY.—It is the sense of Congress that the De- (II) in clause (i) by striking ‘‘of over’’ and in- means a bridge located on a public road, other
partment of Transportation should, where fea- serting ‘‘greater than’’; and than a bridge on a Federal-aid highway.
sible, coordinate departmental efforts to prevent (III) by striking clauses (ii) and (iii) and in- ‘‘(2) SPECIAL RULE.—
or reduce trespasser deaths along railroad serting the following: ‘‘(A) SET ASIDE.—Of the amounts apportioned
rights-of-way and at or near railway-highway ‘‘(ii) in urbanized areas of the State with an to a State for each fiscal year under this section
crossings. urbanized area population greater than 49,999 other than the amounts described in subpara-
SEC. 1205. SURFACE TRANSPORTATION PRO- and less than 200,001; graph (C), the State shall obligate for activities
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GRAM. ‘‘(iii) in urban areas of the State with a popu- described in subsection (b)(2) (as in effect on the
(a) IN GENERAL.—Section 133 of title 23, lation greater than 4,999 and less than 50,000; day before the date of enactment of the FAST
United States Code, is amended— and Act) for off-system bridges an amount that is
(1) in the heading by striking ‘‘block grant’’; ‘‘(iv) in other areas of the State with a popu- not less than 20 percent of the amounts avail-
(2) in subsection (a) by striking ‘‘block grant’’; lation less than 5,000; and’’; able to such State under this section in fiscal
(3) in subsection (b)— (B) by striking paragraph (3) and inserting year 2020, not including the amounts described
(A) by striking ‘‘block grant’’; the following: in subparagraph (C).
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H3384 CONGRESSIONAL RECORD — HOUSE June 30, 2021
‘‘(B) REDUCTION OF EXPENDITURES.—The Sec- SEC. 1206. TRANSPORTATION ALTERNATIVES ‘‘(E) Community improvement activities, in-
retary, after consultation with State and local PROGRAM. cluding—
officials, may reduce the requirement for ex- Section 133(h) of title 23, United States Code, ‘‘(i) inventory, control, or removal of outdoor
penditures for off-system bridges under subpara- is amended to read as follows: advertising;
graph (A) with respect to the State if the Sec- ‘‘(h) TRANSPORTATION ALTERNATIVES PRO- ‘‘(ii) historic preservation and rehabilitation
retary determines that the State has inadequate GRAM SET-ASIDE.— of historic transportation facilities;
needs to justify the expenditure. ‘‘(1) SET ASIDE.—For each fiscal year, of the ‘‘(iii) vegetation management practices in
‘‘(C) LIMITATIONS.—The following amounts total funds apportioned to all States under sec- transportation rights-of-way to improve road-
shall not be used for the purposes of meeting the tion 104(b)(2) for a fiscal year, the Secretary way safety, prevent against invasive species, fa-
requirements of subparagraph (A): shall set aside an amount such that— cilitate wildfire control, and provide erosion
‘‘(i) Amounts described in section 133(d)(1)(A). ‘‘(A) the Secretary sets aside a total amount control; and
‘‘(ii) Amounts set aside under section 133(h). under this subsection for a fiscal year equal to ‘‘(iv) archaeological activities relating to im-
‘‘(iii) Amounts described in section 505(a). 10 percent of such total funds; and pacts from implementation of a transportation
‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL-AID ‘‘(B) the State’s share of the amount set aside project eligible under this title.
HIGHWAYS.—Notwithstanding any other provi- under subparagraph (A) is determined by multi- ‘‘(F) Any environmental mitigation activity,
sion of law, with respect to any project not on plying the amount set aside under subpara- including pollution prevention and pollution
a Federal-aid highway for the replacement of a graph (A) by the ratio that— abatement activities and mitigation to address
bridge or rehabilitation of a bridge that is whol- ‘‘(i) the amount apportioned to the State for stormwater management, control, and water
ly funded from State and local sources, is eligi- the transportation enhancement program for fis- pollution prevention or abatement related to
ble for Federal funds under this section, is cer- cal year 2009 under section 133(d)(2), as in effect highway construction or due to highway runoff,
tified by the State to have been carried out in on the day before the date of enactment of including activities described in sections 328(a)
accordance with all standards applicable to MAP–21; bears to and 329.
‘‘(ii) the total amount of funds apportioned to ‘‘(G) Projects and strategies to reduce vehicle-
such projects under this section, and is deter-
all States for the transportation enhancements caused wildlife mortality related to, or to restore
mined by the Secretary upon completion to be
program for fiscal year 2009. and maintain connectivity among terrestrial or
no longer a deficient bridge—
‘‘(2) ALLOCATION WITHIN A STATE.—
‘‘(A) any amount expended after the date of aquatic habitats affected by, a transportation
‘‘(A) IN GENERAL.—Except as provided in sub-
enactment of this subsection from State and facility otherwise eligible for assistance under
paragraph (B), funds set aside for a State under
local sources for the project in excess of 20 per- this subsection.
paragraph (1) shall be obligated within that
cent of the cost of construction of the project ‘‘(H) The recreational trails program under
State in the manner described in subsections (d)
may be credited to the non-Federal share of the section 206.
and (e), except that, for purposes of this para-
cost of other bridge projects in the State that are ‘‘(I) The safe routes to school program under
graph (after funds are made available under
eligible for Federal funds under this section; section 211.
paragraph (5))—
and ‘‘(i) for each fiscal year, the percentage re- ‘‘(J) Activities in furtherance of a vulnerable
‘‘(B) that crediting shall be conducted in ac- ferred to in paragraph (1)(A) of subsection (d) road user assessment described in section 148.
cordance with procedures established by the ‘‘(K) Any other projects or activities described
shall be deemed to be 66 percent; and
Secretary.’’; and ‘‘(ii) paragraph (3) of subsection (d) shall not in section 101(a)(29) or section 213, as such sec-
(8) in subsection (g)— apply. tions were in effect on the day before the date
(A) in the heading by striking ‘‘5,000’’ and in- ‘‘(B) LOCAL CONTROL.— of enactment of the FAST Act (Public Law 114–
serting ‘‘50,000’’; and ‘‘(i) IN GENERAL.—A State may make available 94).
(B) in paragraph (1) by striking ‘‘subsection up to 100 percent of the funds set aside under ‘‘(4) ACCESS TO FUNDS.—
(d)(1)(A)(ii)’’ and all that follows through the paragraph (1) to the entities described in sub- ‘‘(A) IN GENERAL.—A State, metropolitan
period at the end and inserting ‘‘clauses (iii) clause (I) if the State submits to the Secretary, planning organization required to obligate
and (iv) of subsection (d)(1)(A) for each fiscal and the Secretary approves, a plan that de- funds in accordance with paragraph (2)(A), or
year may be obligated on roads functionally scribes— an entity required to obligate funds in accord-
classified as rural minor collectors or local roads ‘‘(I) how such funds shall be made available ance with paragraph (2)(B) shall develop a com-
or on critical rural freight corridors designated to metropolitan planning organizations, re- petitive process to allow eligible entities to sub-
under section 167(e).’’. gional transportation planning organizations, mit projects for funding that achieve the objec-
(b) CLERICAL AMENDMENT.—The analysis for counties, or other regional transportation au- tives of this subsection. A metropolitan planning
chapter 1 of title 23, United States Code, is thorities; organization for an area described in subsection
amended by striking the item relating to section ‘‘(II) how the entities described in subclause (d)(1)(A)(i) shall select projects under such proc-
133 and inserting the following: (I) shall select projects for funding and how ess in consultation with the relevant State.
‘‘133. Surface transportation program.’’. such entities shall report selected projects to the ‘‘(B) PRIORITY.—The processes described in
(c) CONFORMING AMENDMENTS.— State; subparagraph (A) shall prioritize project loca-
(1) ADVANCE ACQUISITION OF REAL PROP- ‘‘(III) the legal, financial, and technical ca- tion and impact in low-income, transit-depend-
ERTY.—Section 108(c) of title 23, United States pacity of such entities; and ent, or other high-need areas.
Code, is amended— ‘‘(IV) the procedures in place to ensure such ‘‘(C) ELIGIBLE ENTITY DEFINED.—In this para-
(A) in paragraph (2)(A) by striking ‘‘block entities comply with the requirements of this graph, the term ‘eligible entity’ means—
grant’’; and title. ‘‘(i) a local government, including a county or
(B) in paragraph (3) by striking ‘‘block ‘‘(ii) REQUIREMENT.—A State that makes multi-county special district;
grant’’. funding available under a plan approved under ‘‘(ii) a regional transportation authority;
(2) PUBLIC TRANSPORTATION.—Section this subparagraph shall make available an ‘‘(iii) a transit agency;
142(e)(2) of title 23, United States Code, is equivalent amount of obligation authority to an ‘‘(iv) a natural resource or public land agen-
amended by striking ‘‘block grant’’. entity described in clause (i)(I) to whom funds cy;
(3) HIGHWAY USE TAX EVASION PROJECTS.—Sec- are made available under this subparagraph. ‘‘(v) a school district, local education agency,
tion 143(b)(8) of title 23, United States Code, is ‘‘(3) ELIGIBLE PROJECTS.—Funds set aside or school;
amended in the heading by striking ‘‘BLOCK under this subsection may be obligated for any ‘‘(vi) a tribal government;
GRANT’’. of the following projects or activities: ‘‘(vii) a metropolitan planning organization
(4) CONGESTION MITIGATION AND AIR QUALITY ‘‘(A) Construction, planning, and design of that serves an urbanized area with a population
IMPROVEMENT PROGRAM.—Section 149(d) of title on-road and off-road trail facilities for pedes- of 200,000 or fewer;
23, United States Code, is amended— trians, bicyclists, and other nonmotorized forms ‘‘(viii) a nonprofit organization carrying out
(A) in paragraph (1)(B) by striking ‘‘block of transportation, including sidewalks, bicycle activities related to transportation;
grant’’; and infrastructure, pedestrian and bicycle signals, ‘‘(ix) any other local or regional governmental
(B) in paragraph (2)(A) by striking ‘‘block traffic calming techniques, lighting and other entity with responsibility for or oversight of
grant’’. safety-related infrastructure, and transpor- transportation or recreational trails (other than
(5) TERRITORIAL AND PUERTO RICO HIGHWAY tation projects to achieve compliance with the a metropolitan planning organization that
PROGRAM.—Section 165 of title 23, United States Americans with Disabilities Act of 1990 (42 serves an urbanized area with a population of
Code, is amended— U.S.C. 12101 et seq.). over 200,000 or a State agency) that the State
(A) in subsection (b)(2)(A)(ii) by striking ‘‘(B) Construction, planning, and design of determines to be eligible, consistent with the
‘‘block grant’’ each time such term appears; and infrastructure-related projects and systems that goals of this subsection; and
(B) in subsection (c)(6)(A)(i) by striking will provide safe routes for nondrivers, includ- ‘‘(x) a State, at the request of any entity listed
‘‘block grant’’. ing children, older adults, and individuals with in clauses (i) through (ix).
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(6) MAGNETIC LEVITATION TRANSPORTATION disabilities to access daily needs. ‘‘(5) CONTINUATION OF CERTAIN RECREATIONAL
TECHNOLOGY DEPLOYMENT PROGRAM.—Section ‘‘(C) Conversion and use of abandoned rail- TRAILS PROJECTS.—
322(h)(3) of title 23, United States Code, is road corridors for trails for pedestrians, ‘‘(A) IN GENERAL.—For each fiscal year, a
amended by striking ‘‘block grant’’. bicyclists, or other nonmotorized transportation State shall—
(7) TRAINING AND EDUCATION.—Section users. ‘‘(i) obligate an amount of funds set aside
504(a)(4) of title 23, United States Code, is ‘‘(D) Construction of turnouts, overlooks, and under this subsection equal to 175 percent of the
amended by striking ‘‘block grant’’. viewing areas. amount of the funds apportioned to the State
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3385
for fiscal year 2009 under section 104(h)(2), as in subsection that are available for obligation in (6) by adding at the end the following:
effect on the day before the date of enactment of any area of the State (suballocated consistent ‘‘(l) HIGHWAY BRIDGE REPLACEMENT AND RE-
MAP–21, for projects relating to recreational with the requirements of subsection (d)(1)(B)) HABILITATION.—
trails under section 206; for any purpose eligible under subsection (b). ‘‘(1) GOALS.—The goals of this subsection
‘‘(ii) return 1 percent of the funds described in ‘‘(ii) RESTRICTION.—Funds may be used as de- shall be to—
clause (i) to the Secretary for the administration scribed in clause (i) only if the State dem- ‘‘(A) support the achievement of a state of
of such program; and onstrates to the Secretary— good repair for the Nation’s bridges;
‘‘(iii) comply with the provisions of the admin- ‘‘(I) that the State held a competition in com- ‘‘(B) improve the safety, efficiency, and reli-
istration of the recreational trails program pliance with the requirements of this subsection ability of the movement of people and freight
under section 206, including the use of appor- in such form as the Secretary determines appro- over bridges; and
priate; ‘‘(C) improve the condition of bridges in the
tioned funds described in subsection (d)(3)(A) of
‘‘(II) that the State offered technical assist- United States by reducing—
such section. ‘‘(i) the number of bridges—
‘‘(B) STATE FLEXIBILITY.—A State may opt out ance to all eligible entities and provided such
‘‘(I) in poor condition; or
of the recreational trails program under this assistance upon request by an eligible entity; ‘‘(II) in fair condition and at risk of falling
paragraph if the Governor of the State notifies and into poor condition;
the Secretary not later than 30 days prior to the ‘‘(III) that there were not sufficient suitable ‘‘(ii) the total person miles traveled over
date on which an apportionment is made under applications from eligible entities to use the bridges—
section 104 for any fiscal year. funds described in clause (i). ‘‘(I) in poor condition; or
‘‘(6) IMPROVING ACCESSIBILITY AND EFFI- ‘‘(B) MPO AUTHORITY.— ‘‘(II) in fair condition and at risk of falling
CIENCY.— ‘‘(i) IN GENERAL.—A metropolitan planning or- into poor condition;
‘‘(A) IN GENERAL.—A State may use an ganization that represents an urbanized area ‘‘(iii) the number of bridges that—
amount equal to not more than 5 percent of the with a population of greater than 200,000 may ‘‘(I) do not meet current geometric design
funds set aside for the State under this sub- use not more than 50 percent of the funds set standards; or
section, after allocating funds in accordance aside under this subsection for an urbanized ‘‘(II) cannot meet the load and traffic require-
with paragraph (2)(A), to improve the ability of area described in subsection (d)(1)(A)(i) for any ments typical of the regional transportation net-
applicants to access funding for projects under purpose eligible under subsection (b). work; and
‘‘(ii) RESTRICTION.—Funds may be used as de- ‘‘(iv) the total person miles traveled over
this subsection in an efficient and expeditious
scribed in clause (i) only if the Secretary cer- bridges that—
manner by providing—
tifies that the metropolitan planning organiza- ‘‘(I) do not meet current geometric design
‘‘(i) to applicants for projects under this sub-
tion— standards; or
section application assistance, technical assist- ‘‘(II) cannot meet the load and traffic require-
ance, and assistance in reducing the period of ‘‘(I) held a competition in compliance with the
requirements of this subsection in such form as ments typical of the regional transportation net-
time between the selection of the project and the work.
obligation of funds for the project; and the Secretary determines appropriate; and
‘‘(II) demonstrates that there were not suffi- ‘‘(2) BRIDGES ON PUBLIC ROADS.—
‘‘(ii) funding for one or more full-time State ‘‘(A) MINIMUM BRIDGE INVESTMENT.—Exclud-
employee positions to administer this subsection. cient suitable applications from eligible entities
to use the funds described in clause (i). ing the amounts described in subparagraph (C),
‘‘(B) USE OF FUNDS.—Amounts used under of the total funds apportioned to a State under
‘‘(9) ANNUAL REPORTS.—
subparagraph (A) may be expended— paragraphs (1) and (2) of section 104(b) for fiscal
‘‘(A) IN GENERAL.—Each State or metropolitan
‘‘(i) directly by the State; or years 2023 to 2026, a State shall obligate not less
planning organization responsible for carrying
‘‘(ii) through contracts with State agencies, than 20 percent for projects described in sub-
out the requirements of this subsection shall
private entities, or nonprofit entities. paragraph (E).
submit to the Secretary an annual report that
‘‘(C) IMPROVING PROJECT DELIVERY.— ‘‘(B) PROGRAM FLEXIBILITY.—A State required
‘‘(i) IN GENERAL.—The Secretary shall take describes—
‘‘(i) the number of project applications re- to obligate funds under subparagraph (A) may
such action as may be necessary, consistent use any combination of funds apportioned to a
ceived for each fiscal year, including—
with Federal requirements, to facilitate efficient ‘‘(I) the aggregate cost of the projects for State under paragraphs (1) and (2) of section
and timely delivery of projects under this sub- which applications are received; and 104(b).
section that are small, low impact, and con- ‘‘(II) the types of projects by eligibility cat- ‘‘(C) LIMITATION.—Amounts described below
structed within an existing built environment. egory to be carried out, expressed as percentages may not be used for the purposes of calculating
‘‘(ii) CONSIDERATIONS.—The Secretary shall of the total apportionment of the State under or meeting the minimum bridge investment re-
consider the use of programmatic agreements, this subsection; and quirement under subparagraph (A)—
expedited or alternative procurement processes ‘‘(ii) the list of each project selected for fund- ‘‘(i) amounts described in section 133(d)(1)(A);
(including project bundling), and other effective ing for each fiscal year, including specifying the ‘‘(ii) amounts set aside under section 133(h);
practices to facilitate the goals of this para- fiscal year for which the project was selected, and
graph. the fiscal year in which the project is antici- ‘‘(iii) amounts described in section 505(a).
‘‘(7) FEDERAL SHARE.— ‘‘(D) RULE OF CONSTRUCTION.—Nothing in this
pated to be funded, the recipient, the funding
‘‘(A) FLEXIBLE MATCH.— section shall be construed to prohibit the ex-
sources (including non-Federal match), the
‘‘(i) IN GENERAL.—Notwithstanding section penditure of funds described in subparagraph
project status, the specific location, the congres-
120— (C) for bridge projects eligible under such sec-
sional district, the type by eligibility category,
‘‘(I) the non-Federal share for a project under tion.
and a brief description. ‘‘(E) ELIGIBLE PROJECTS.—Funds required to
this subsection may be calculated on a project, ‘‘(B) PUBLIC AVAILABILITY.—The Secretary
multiple-project, or program basis; and be obligated in accordance with paragraph
shall make available to the public, in a user-
‘‘(II) the Federal share of the cost of an indi- (2)(A) may be obligated for projects or activities
friendly format on the website of the Depart-
vidual project in this subsection may be up to that—
ment of Transportation, a copy of each annual ‘‘(i) are otherwise eligible under either section
100 percent. report submitted under subparagraph (A).’’.
‘‘(ii) AGGREGATE NON-FEDERAL SHARE.—The 119 or section 133, as applicable;
SEC. 1207. BRIDGE INVESTMENT. ‘‘(ii) support the achievement of performance
average annual non-Federal share of the total
(a) IN GENERAL.—Section 144 of title 23, targets of the State established under section
cost of all projects for which funds are obligated
United States Code, is amended— 150, are consistent with the transportation asset
under this subsection in a State for a fiscal year (1) in the section heading by striking ‘‘Na-
shall be not less than the non-Federal share au- management plan of the State, or provide sup-
tional bridge and tunnel inventory and in- port for the condition and performance of
thorized for the State under section 120. spection standards’’ and inserting ‘‘Bridges
‘‘(iii) REQUIREMENT.—This subparagraph bridges on public roads within the State; and
and tunnels’’; ‘‘(iii) remove, replace, reconstruct, rehabili-
shall only apply to a State if such State has (2) in subsection (a)(1)(B) by striking ‘‘defi- tate, preserve, or protect a bridge included on
adequate financial controls, as certified by the cient’’; the national bridge inventory authorized by
Secretary, to account for the average annual (3) in subsection (b)(5) by striking ‘‘struc- subsection (b), including through—
non-Federal share under this subparagraph. turally deficient bridge’’ and inserting ‘‘bridge ‘‘(I) seismic retrofits;
‘‘(B) SAFETY PROJECTS.—Notwithstanding sec- classified as in poor condition’’; ‘‘(II) systematic preventive maintenance;
tion 120, funds made available to carry out sec- (4) in subsection (d)— ‘‘(III) installation of scour countermeasures;
tion 148 may be credited toward the non-Federal (A) in paragraph (2) by striking ‘‘Not later ‘‘(IV) the use of innovative materials that ex-
share of the costs of a project under this sub- than 2 years after the date of enactment of the tend the service life of the bridge and reduce
section if the project— MAP–21, each’’ and inserting ‘‘Each’’; and preservation costs, as compared to convention-
‘‘(i) is a project described in section 148(e)(1); (B) by striking paragraph (4); ally designed and constructed bridges;
and (5) in subsection (j)— ‘‘(V) the use of nontraditional production
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‘‘(ii) is consistent with the State strategic (A) in paragraph (2) by inserting ‘‘, 124,’’ techniques, including factory prefabrication;
highway safety plan (as defined in section after ‘‘section 119’’; ‘‘(VI) painting for purposes of bridge protec-
148(a)). (B) in paragraph (3)(A) by inserting ‘‘, 124,’’ tion;
‘‘(8) FLEXIBILITY.— after ‘‘section 119’’; and ‘‘(VII) application of calcium magnesium ace-
‘‘(A) STATE AUTHORITY.— (C) in paragraph (5) by striking ‘‘financial tate, sodium acetate/formate, or other environ-
‘‘(i) IN GENERAL.—A State may use not more characteristics’’ and all that follows through mentally acceptable, minimally corrosive anti-
than 50 percent of the funds set aside under this the end and inserting ‘‘Federal share.’’; and icing and deicing compositions;
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H3386 CONGRESSIONAL RECORD — HOUSE June 30, 2021
‘‘(VIII) corrosion control; SEC. 1208. CONSTRUCTION OF FERRY BOATS AND ‘‘(iv) conducts safety-related research to
‘‘(IX) construction of protective features (in- FERRY TERMINAL FACILITIES. evaluate experimental safety countermeasures or
cluding natural infrastructure) alone or in com- Section 147 of title 23, United States Code, is equipment; or
bination with other activities eligible under this amended— ‘‘(v) supports safe routes to school noninfra-
paragraph to enhance resilience of a bridge; (1) by striking subsection (h); and structure-related activities described under sec-
‘‘(X) bridge security countermeasures; (2) by redesignating subsections (i) and (j) as tion 211(e)(2).’’; and
‘‘(XI) impact protection measures for bridges; subsections (h) and (i), respectively. (E) by adding at the end the following:
‘‘(XII) inspection and evaluation of bridges; SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PRO- ‘‘(15) TRANSPORTATION MANAGEMENT AREA.—
‘‘(XIII) training for bridge inspectors con- GRAM. The term ‘transportation management area’
sistent with subsection (i); and (a) IN GENERAL.—Section 148 of title 23, means an area designated under section 134(k).
‘‘(XIV) removal of a bridge classified as in United States Code, is amended— ‘‘(16) VULNERABLE ROAD USER.—The term
poor condition in order to improve community (1) in subsection (a)— ‘vulnerable road user’ means a nonmotorist—
connectivity. (A) in paragraph (4)(B)— ‘‘(A) with a fatality analysis reporting system
‘‘(F) BUNDLES OF PROJECTS.—A State may use (i) by striking ‘‘only includes a project’’ and person attribute code that is included in the def-
a bundle of projects as described in subsection inserting ‘‘includes a project’’; inition of the term ‘number of non-motorized fa-
(j) to satisfy the requirements of subparagraph (ii) in clause (xiii) by inserting ‘‘, including talities’ in section 490.205 of title 23, Code of
(A), if each project in the bundle is otherwise el- the development of a vulnerable road user safety Federal Regulations (or successor regulation); or
igible under subparagraph (E). assessment or a vision zero plan under section ‘‘(B) described in the term ‘number of non-mo-
‘‘(G) FLEXIBILITY.—The Secretary may, at the 1601 of the INVEST in America Act’’ after ‘‘safe- torized serious injuries’ in such section.
request of a State, reduce the required obliga- ty planning’’; ‘‘(17) VULNERABLE ROAD USER SAFETY ASSESS-
tion under subparagraph (A) if— (iii) by amending clause (xviii) to read as fol- MENT.—The term ‘vulnerable road user safety
‘‘(i) the reduction is consistent with a State’s lows: assessment’ means an assessment of the safety
asset management plan for the National High- ‘‘(xviii) Safe routes to school infrastructure- performance of the State or a metropolitan plan-
way System; related projects eligible under section 211.’’; ning organization within the State with respect
‘‘(ii) the reduction will not limit a State’s abil- (iv) in clause (xxvi) by inserting ‘‘or leading to vulnerable road users and the plan of the
ity to meet its performance targets under section pedestrian intervals’’ after ‘‘hybrid beacons’’; State or metropolitan planning organization to
150 or to improve the condition and performance and improve the safety of vulnerable road users de-
of bridges on public roads within the State; and (v) by striking clause (xxviii) and inserting the scribed in subsection (l).’’;
‘‘(iii) the State demonstrates that it has inad- (2) in subsection (c)—
following:
equate needs to justify the expenditure. ‘‘(xxviii) A pedestrian security feature de- (A) in paragraph (1) by striking ‘‘(a)(11)’’ and
‘‘(H) BRIDGE INVESTMENT REPORT.—The Sec- inserting ‘‘(a)(13)’’; and
signed to slow or stop a motor vehicle.
retary shall annually publish on the website of (B) in paragraph (2)—
‘‘(xxix) Installation of infrastructure improve-
the Department of Transportation a bridge in- (i) in subparagraph (A)(vi) by inserting ‘‘,
ments, including sidewalks, crosswalks, signage,
vestment report that includes— consistent with the vulnerable road user safety
and bus stop shelters or protected waiting
‘‘(i) the total Federal funding obligated for assessment’’ after ‘‘nonmotorized crashes’’;
areas.’’;
bridge projects in the most recent fiscal year, on (ii) in subparagraph (B)(i)—
(B) in paragraph (11)—
a State-by-State basis and broken out by Fed- (I) by inserting ‘‘, consistent with a safe sys-
(i) in subparagraph (A)—
eral program; (I) in clause (ix) by striking ‘‘and’’ at the end; tem approach,’’ after ‘‘identify’’;
‘‘(ii) the total Federal funding obligated, on a (II) by inserting ‘‘excessive design speeds and
(II) by redesignating clause (x) as clause (xi);
State-by-State basis and broken out by Federal speed limits,’’ after ‘‘crossing needs,’’; and
and
program, for bridge projects carried out pursu- (III) by inserting after clause (ix) the fol- (III) by striking ‘‘motorists (including motor-
ant to the minimum bridge investment require- lowing: cyclists), bicyclists, pedestrians, and other high-
ments under subparagraph (A); ‘‘(x) State or local representatives of edu- way users’’ and inserting ‘‘road users’’; and
‘‘(iii) the progress made by each State toward (iii) in subparagraph (D)(iii) by striking ‘‘mo-
cational agencies to address safe routes to
meeting the minimum bridge investment require- torists (including motorcyclists), bicyclists, pe-
school and schoolbus safety; and’’;
ment under subparagraph (A) for such State, (ii) in subparagraph (E) by inserting ‘‘Trib- destrians, persons with disabilities, and other
both cumulatively and for the most recent fiscal al,’’ after ‘‘State,’’; highway users’’ and inserting ‘‘road users’’;
year; (iii) by redesignating subparagraphs (G), (H), (3) in subsection (d)—
‘‘(iv) a summary of— (A) in paragraph (1)—
and (I) as subparagraphs (H), (I), and (J), re-
‘‘(I) each request made under subparagraph (i) in subparagraph (A) by striking ‘‘Not later
spectively; and
(G) by a State for a reduction in the minimum than 1 year after the date of enactment of the
(iv) by inserting after subparagraph (F) the
bridge investment requirement under subpara- MAP–21, the’’ and inserting ‘‘The’’; and
following:
graph (A); and (ii) in subparagraph (B)—
‘‘(G) includes a vulnerable road user safety
‘‘(II) for each request described in subclause (I) in clause (iv) by inserting ‘‘and serious in-
assessment described under paragraph (16);’’;
(I) that is granted by the Secretary— jury’’ after ‘‘fatality’’;
‘‘(aa) the percentage and dollar amount of the (C) by redesignating paragraphs (10), (11),
(II) in clause (vii) by striking ‘‘; and’’ and in-
reduction; and and (12) as paragraphs (12), (13), and (14), re-
serting a semicolon;
‘‘(bb) an explanation of how the State met spectively; (III) by redesignating clause (viii) as clause
each of the criteria described in subparagraph (D) by inserting after paragraph (9) the fol- (ix); and
(G); and lowing: (IV) by inserting after clause (vii) the fol-
‘‘(v) a summary of— ‘‘(10) SAFE SYSTEM APPROACH.—The term ‘safe lowing:
‘‘(I) each request made by a State for a reduc- system approach’ means a roadway design that ‘‘(viii) the findings of a vulnerable road user
tion in the obligation requirements under sec- emphasizes minimizing the risk of injury or fa- safety assessment of the State; and’’; and
tion 133(f); and tality to road users and that— (B) in paragraph (2)(B)(i) by striking ‘‘sub-
‘‘(II) for each request that is granted by the ‘‘(A) takes into consideration the possibility section (a)(11)’’ and inserting ‘‘subsection
Secretary— and likelihood of human error; (a)(13)’’;
‘‘(aa) the percentage and dollar amount of the ‘‘(B) accommodates human injury tolerance (4) in subsection (e)—
reduction; and by taking into consideration likely crash types, (A) in paragraph (1)(C) by striking ‘‘, without
‘‘(bb) an explanation of how the Secretary resulting impact forces, and the human body’s regard to whether the project is included in an
made the determination under section ability to withstand such forces; and applicable State strategic highway safety plan’’;
133(f)(2)(B). ‘‘(C) takes into consideration vulnerable road and
‘‘(I) OFF-SYSTEM BRIDGES.—A State may apply users. (B) by adding at the end the following:
amounts obligated under this subsection or sec- ‘‘(11) SPECIFIED SAFETY PROJECT.— ‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFETY
tion 133(f)(2)(A) to the obligation requirements ‘‘(A) IN GENERAL.—The term ‘specified safety PROJECTS.—
of both this subsection and section 133(f). project’ means a project carried out for the pur- ‘‘(A) IN GENERAL.—To advance the implemen-
‘‘(J) NHS PENALTY.—A State may apply pose of safety under any other section of this tation of a State strategic highway safety plan,
amounts obligated under this subsection or sec- title that is consistent with the State strategic a State may use not more than 10 percent of the
tion 119(f)(2) to the obligation requirements of highway safety plan. amounts apportioned to the State under section
both this subsection and section 119(f)(2). ‘‘(B) INCLUSION.—The term ‘specified safety 104(b)(3) for a fiscal year to carry out specified
‘‘(K) COMPLIANCE.—If a State fails to satisfy project’ includes a project that— safety projects.
the requirements of subparagraph (A) by the ‘‘(i) promotes public awareness and informs ‘‘(B) RULE OF STATUTORY CONSTRUCTION.—
end of fiscal year 2025, the Secretary may sub- the public regarding highway safety matters (in- Nothing in this paragraph shall be construed to
ject the State to appropriate program sanctions cluding safety for motorcyclists, bicyclists, pe- require a State to revise any State process, plan,
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under section 1.36 of title 23, Code of Federal destrians, individuals with disabilities, and or program in effect on the date of enactment of
Regulations (or successor regulations).’’. other road users); this paragraph.
(b) CLERICAL AMENDMENT.—The analysis for ‘‘(ii) facilitates enforcement of traffic safety ‘‘(C) EFFECT OF PARAGRAPH.—
chapter 1 of title 23, United States Code, is laws; ‘‘(i) REQUIREMENTS.—A project funded under
amended by striking the item relating to section ‘‘(iii) provides infrastructure and infrastruc- this paragraph shall be subject to all require-
144 and inserting the following: ture-related equipment to support emergency ments under this section that apply to a high-
‘‘144. Bridges and tunnels.’’. services; way safety improvement project.
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3387
‘‘(ii) OTHER APPORTIONED PROGRAMS.—Sub- data are available exceeds the median number resent a high-risk area identified under para-
paragraph (A) shall not apply to amounts that fatalities in all such areas over such 2-year pe- graph (2)(B).
may be obligated for noninfrastructure projects riod. ‘‘(5) UPDATE.—A State shall update a vulner-
apportioned under any other paragraph of sec- ‘‘(ii) OBLIGATION REQUIREMENT.—If the Sec- able road user safety assessment on the same
tion 104(b).’’; retary determines that the number of vulnerable schedule as the State updates the State strategic
(5) in subsection (g)— road user fatalities per capita in the transpor- highway safety plan.
(A) by amending paragraph (1) to read as fol- tation management area over the most recent 2- ‘‘(6) TRANSPORTATION SYSTEM ACCESS.—The
lows: year period for which data are available exceeds program of projects developed under paragraph
‘‘(1) HIGH-RISK RURAL ROAD SAFETY.— the median number of such fatalities over such (2)(C) may not degrade transportation system
‘‘(A) IN GENERAL.—If the Secretary determines 2-year period among all such areas, then there access for vulnerable road users.
that the fatality rate on rural roads in a State shall be required to be obligated over the 2 fiscal ‘‘(7) URBANIZED AREA ASSESSMENTS.—
for the most recent 2-year period for which data years following the fiscal year in which such de- ‘‘(A) IN GENERAL.—A metropolitan planning
are available exceeds the median fatality rate termination is made, for projects identified in organization representing a transportation man-
for rural roads among all States, such State the program of projects described in subsection agement area shall, in consultation with local
shall be required to— (l)(7)(C), an amount that is not less than 50 per- governments in such area, complete a vulnerable
‘‘(i) obligate over the 2 fiscal years following cent of the amount set aside for that urbanized road user safety assessment based on the most
the fiscal year in which such determination is area under section 133(h)(2) for fiscal year 2020. recent 5 years of available data at least once
made for projects on high-risk rural roads an ‘‘(iii) APPLICABILITY.—The obligation require- every 4 years.
amount not less than 7.5 percent of the amounts ment described in clause (ii) shall not take effect ‘‘(B) CONTENTS.—The assessment completed
apportioned to the State under section 104(b)(3) until the subject metropolitan planning organi- under subparagraph (A) shall include—
for fiscal year 2020; and zation has developed the vulnerable road user ‘‘(i) a description of the location within the
‘‘(ii) include, in the subsequent update to the safety assessment described in subsection (l)(7). area of each vulnerable road user fatality and,
State strategic highway safety plan, strategies ‘‘(C) SOURCE OF FUNDS.— if available, serious injury;
to reduce the fatality rate. ‘‘(i) IN GENERAL.—Any amounts required to be ‘‘(ii) a description of any corridors that rep-
‘‘(B) SOURCE OF FUNDS.—Any amounts obli- obligated under this paragraph shall be from resent a high-risk area identified under para-
gated under subparagraph (A) shall be from amounts apportioned under section 104(b) except graph (2)(B) or have otherwise been identified
amounts described under section 133(d)(1)(B). for— by the metropolitan planning organization or
‘‘(C) ANNUAL DETERMINATION.—The deter- ‘‘(I) amounts described in section 133(d)(1)(A); local government that pose a high risk of a vul-
mination described under subparagraph (A) and nerable road user fatality or serious injury; and
shall be made on an annual basis. ‘‘(II) amounts set aside under section 133(h). ‘‘(iii) a program of projects or strategies to re-
‘‘(D) CONSULTATION.—In carrying out a ‘‘(ii) AREAS IN A HIGH RISK STATE.—If an area duce safety risks to vulnerable road users in cor-
project with an amount obligated under sub- subject to the obligation requirement described ridors identified under subparagraph (B).’’.
paragraph (A), a State shall consult with, as in subparagraph (B)(ii) is located in a State re- (b) TECHNICAL AMENDMENT.—Section 148 of
applicable, local governments, metropolitan quired to obligate funds to vulnerable road user title 23, United States Code, is amended—
planning organizations, and regional transpor- safety under subparagraph (A)(ii), any obliga- (1) in the heading for subsection (a)(8) by
tation planning organizations.’’; tions in such State for projects identified in the striking ‘‘ROAD USERS’’ and inserting ‘‘ROAD
(B) in paragraph (2)— program of projects described in subsection USER’’; and
(i) in the heading by striking ‘‘DRIVERS’’ and (l)(7)(C) shall count toward such State’s obliga- (2) in subsection (i)(2)(D) by striking ‘‘safety
inserting ‘‘ROAD USERS’’; tion requirement under subparagraph (A)(ii).’’; safety’’ and inserting ‘‘safety’’.
(ii) by striking ‘‘drivers and pedestrians’’ and (6) in subsection (h)(1)(A)— (c) HIGH-RISK RURAL ROADS.—
inserting ‘‘road users’’; and (A) by inserting ‘‘, including any efforts to re- (1) STUDY.—Not later than 2 years after the
(iii) by striking ‘‘address the increases in’’ duce vehicle speed’’ after ‘‘under this section’’; date of enactment of this Act, the Secretary of
and inserting ‘‘reduce’’; and and Transportation shall update the study described
(C) by adding at the end the following: (B) by inserting ‘‘and projects identified in paragraph (1) of section 1112(b) of MAP–21
‘‘(3) VULNERABLE ROAD USER SAFETY.— under a vulnerable road user safety assessment’’ (23 U.S.C. 148 note).
‘‘(A) HIGH RISK STATES.— after ‘‘projects’’; and (2) PUBLICATION OF REPORT.—Not later than 2
‘‘(i) ANNUAL DETERMINATION.—Beginning on (7) by adding at the end the following: years after the date of enactment of this Act,
the date of enactment of the INVEST in America ‘‘(l) VULNERABLE ROAD USER SAFETY ASSESS- the Secretary shall publish on the website of the
Act, the Secretary shall determine on an annual MENT.— Department of Transportation an updated re-
basis whether the number of vulnerable road ‘‘(1) IN GENERAL.—Not later than 1 year after port of the report described in paragraph (2) of
user fatalities and serious injuries per capita in date of enactment of the INVEST in America section 1112(b) of MAP–21 (23 U.S.C. 148 note).
a State over the most recent 2-year period for Act, each State shall create a vulnerable road (3) BEST PRACTICES MANUAL.—Not later than
which data are available exceeds the median user safety assessment. 180 days after the date of submission of the re-
number fatalities in all such areas over such 2- ‘‘(2) CONTENTS.—A vulnerable road user safe- port described in paragraph (2), the Secretary
year period. ty assessment required under paragraph (1) shall update the best practices manual described
‘‘(ii) OBLIGATION REQUIREMENT.—If the Sec- shall include— in section 1112(b)(3) of MAP–21 (23 U.S.C. 148
retary determines that the number of vulnerable ‘‘(A) a description of the location within the note).
road user fatalities and serious injuries per cap- State of each vulnerable road user fatality and SEC. 1210. CONGESTION MITIGATION AND AIR
ita in a State over the most recent 2-year period serious injury, including, if available, the design QUALITY IMPROVEMENT PROGRAM.
for which data are available exceeds the median speed of the roadway at any such location; Section 149 of title 23, United States Code, is
number of such fatalities and serious injuries ‘‘(B) a description of any corridors identified amended—
per capita over such 2-year period among all by a State, in coordination with local govern- (1) in subsection (b)—
States, that State shall be required to obligate ments, metropolitan planning organizations, (A) in paragraph (1)(A)(ii) by striking ‘‘sub-
over the 2 fiscal years following the fiscal year and regional transportation planning organiza- section (h)’’ and inserting ‘‘subsection (i)’’;
in which such determination is made an amount tions that pose a high risk of a vulnerable road (B) in paragraph (7) by inserting ‘‘shared
that is not less than 50 percent of the amount user fatality or serious injury, including, if micromobility (including bikesharing and shared
set aside in such State under section 133(h)(1) available, the design speeds of such corridors; scooter systems), publicly accessible charging
for fiscal year 2020 (less any amounts obligated and stations, docks, and storage for electric bicycles
for projects in that State as required by sub- ‘‘(C) a program of projects or strategies to re- and micromobility devices,’’ after ‘‘carsharing,’’;
paragraph (B)(ii)) for— duce safety risks to vulnerable road users in cor- (C) in paragraph (8)(B) by striking ‘‘; or’’ and
‘‘(I) in the first two fiscal years after the en- ridors identified under subparagraph (B), in co- inserting a semicolon;
actment of the INVEST in America Act— ordination with local governments, metropolitan (D) in paragraph (9) by striking the period
‘‘(aa) performing the vulnerable road user planning organizations, and regional transpor- and inserting ‘‘; or’’; and
safety assessment as required by subsection (l); tation planning organizations that represent a (E) by adding at the end the following:
‘‘(bb) providing matching funds for transpor- high-risk area identified under subparagraph ‘‘(10) if the project or program mitigates sea-
tation alternatives safety projects as identified (B). sonal or temporary traffic congestion from long-
in section 133(h)(7)(B); or ‘‘(3) ANALYSIS.—In creating a vulnerable road haul travel or tourism.’’;
‘‘(cc) projects eligible under subparagraphs user safety assessment under this subsection, a (2) in subsection (c)—
(A), (B), (C), or (I) of section 133(h); and State shall assess the last 5 years of available (A) in paragraph (2)—
‘‘(II) in each 2-year period thereafter, projects data. (i) in the heading by inserting ‘‘, HYDROGEN
identified in the program of projects described in ‘‘(4) REQUIREMENTS.—In creating a vulnerable VEHICLE,’’ after ‘‘ELECTRIC VEHICLE’’;
ctelli on DSK11ZRN23PROD with HOUSE
subsection (l)(2)(C). road user safety assessment under this sub- (ii) by inserting ‘‘hydrogen or’’ after ‘‘charg-
‘‘(B) HIGH RISK AREAS.— section, a State shall— ing stations or’’; and
‘‘(i) ANNUAL DETERMINATION.—The Secretary ‘‘(A) take into consideration a safe system ap- (iii) by inserting ‘‘, hydrogen-powered,’’ after
shall determine on an annual basis whether the proach; and ‘‘battery powered’’; and
number of vulnerable road user fatalities per ‘‘(B) coordinate with local governments, met- (B) in paragraph (3) by inserting ‘‘, and is
capita in a transportation management area ropolitan planning organizations, and regional consistent with section 166’’ after ‘‘travel
over the most recent 2-year period for which transportation planning organizations that rep- times’’; and
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H3388 CONGRESSIONAL RECORD — HOUSE June 30, 2021
(3) by striking subsection (m) and inserting (c) ELECTRIC VEHICLE CHARGING SIGNAGE.— ‘‘(I) projects within the boundaries of public
the following: The Secretary of Transportation shall update or private freight rail or water facilities (includ-
‘‘(m) OPERATING ASSISTANCE.— the Manual on Uniform Traffic Control Devices ing ports);
‘‘(1) PROJECTS.—A State may obligate funds to— ‘‘(II) projects that provide surface transpor-
apportioned under section 104(b)(4) in an area (1) ensure uniformity in providing road users tation infrastructure necessary to facilitate di-
of such State that is otherwise eligible for obli- direction to electric charging stations that are rect intermodal interchange, transfer, and ac-
gations of such funds for operating costs under open to the public; and cess into or out of the facility; and
chapter 53 of title 49 or on a system for which (2) allow the use of a comprehensive system of ‘‘(III) any other surface transportation
CMAQ funding was made available, obligated, signs for electric vehicle charging providers to project to improve the flow of freight into or out
or expended in fiscal year 2012, or, notwith- help drivers identify the type of charging and of a facility described in subclause (I) or (II).’’;
standing subsection (b), on a State-supported connector types available at the location. (D) in paragraph (6) by striking ‘‘paragraph
Amtrak route with a cost-sharing agreement (d) AGREEMENTS RELATING TO THE USE AND (5)’’ and inserting ‘‘paragraph (3)’’; and
under section 209 of the Passenger Rail Invest- ACCESS OF RIGHTS-OF-WAY OF THE INTERSTATE (E) by redesignating paragraphs (4), (5), (6),
ment and Improvement Act of 2008 or alternative SYSTEM.—Section 111 of title 23, United States and (7) as paragraphs (2), (3), (4), and (5), re-
cost allocation under section 24712(g)(3) of title Code, is amended by adding at the end the fol- spectively; and
49. lowing: (6) in subsection (k)(1)(A)(ii) by striking
‘‘(2) TIME LIMITATION.—In determining the ‘‘(f) INTERSTATE SYSTEM RIGHTS-OF-WAY.— ‘‘ports-of entry’’ and inserting ‘‘ports-of-entry’’.
amount of time for which a State may obligate ‘‘(1) IN GENERAL.—Notwithstanding subsection (b) NATIONAL HIGHWAY FREIGHT NETWORK.—
funds under paragraph (1) for operating assist- (a) or (b) and sections 137 and 142, the Secretary If a congressionally designated future Inter-
ance for an area of a State or on a system, the shall permit, consistent with section 155, limited state, or any portion thereof, is included in a
Secretary shall allow such obligations to occur, commercial activities for the charging of electric State Freight Plan (regardless of whether such
in such area or on such system— vehicles on rights-of-way of the Interstate Sys- project is included in the freight investment
‘‘(A) with a time limitation of not less than 3 tem, including in— plan of the State) approved by the Department
years; and ‘‘(A) a rest area; or of Transportation prior to October 1, 2021, such
‘‘(B) in the case of projects that demonstrate ‘‘(B) a fringe or corridor parking facility, in- route shall be considered to be on the National
continued net air quality benefits beyond 3 cluding a park and ride facility. Highway Freight Network established under
years, as determined annually by the Secretary ‘‘(2) SAVINGS CLAUSE.—Nothing in this sub- section 167(c) of title 23, United States Code.
in consultation with the Administrator of the section shall permit commercial activities on
SEC. 1213. CARBON POLLUTION REDUCTION.
Environmental Protection Agency, with no im- rights-of-way of the Interstate System, except as
(a) IN GENERAL.—Chapter 1 of title 23, United
posed time limitation.’’. necessary for the charging of electric vehicles in
States Code, is amended by adding at the end
SEC. 1211. ELECTRIC VEHICLE CHARGING STA-
accordance with this subsection.’’.
the following:
TIONS. SEC. 1212. NATIONAL HIGHWAY FREIGHT PRO-
GRAM. ‘‘§ 171. Carbon pollution reduction
(a) ELECTRIC VEHICLE CHARGING STATIONS.—
Chapter 1 of title 23, United States Code, is (a) IN GENERAL.—Section 167 of title 23, ‘‘(a) ESTABLISHMENT.—The Secretary shall es-
amended by inserting after section 154 the fol- United States Code, is amended— tablish a carbon pollution reduction program to
(1) in subsection (b)— support the reduction of greenhouse gas emis-
lowing new section:
(A) in paragraph (6) by striking ‘‘; and’’ and sions from the surface transportation system.
‘‘§ 155. Electric vehicle charging stations inserting a semicolon; and ‘‘(b) ELIGIBLE PROJECTS.—A project is eligible
‘‘(a) IN GENERAL.—Any electric vehicle charg- (B) by striking paragraph (7) and inserting for funding under this section if such project—
ing infrastructure funded under this title shall the following: ‘‘(1) is expected to yield a significant reduc-
be subject to the requirements of this section. ‘‘(7) to reduce the environmental impacts of tion in greenhouse gas emissions from the sur-
‘‘(b) INTEROPERABILITY.—An electric vehicle freight movement on the National Highway face transportation system;
charging station funded under this title shall— Freight Network, including— ‘‘(2) will help a State meet the greenhouse gas
‘‘(1) provide a charging connector type or ‘‘(A) greenhouse gas emissions; emissions performance targets established under
means to transmit electricity to vehicles that ‘‘(B) local air pollution, including local pollu- section 150(d); and
meets applicable industry accepted practices tion derived from vehicles idling at railway ‘‘(3) is—
and safety standards; and crossings; ‘‘(A) eligible for assistance under this title or
‘‘(2) have the ability to serve vehicles pro- ‘‘(C) minimizing, capturing, or treating under chapter 53 of title 49 or is a capital project
duced by more than one vehicle manufacturer. stormwater runoff and addressing other adverse for vehicles and facilities (whether publicly or
‘‘(c) OPEN ACCESS TO PAYMENT.—Electric ve- impacts to water quality; and privately owned) that are used to provide inter-
hicle charging stations shall provide payment ‘‘(D) wildlife habitat loss; and city passenger service by bus; or
methods available to all members of the public to ‘‘(8) to decrease any adverse impact of freight ‘‘(B) a capital project, as such term is defined
ensure secure, convenient, and equal access and transportation on communities located near in section 22906 of title 49, to improve intercity
shall not be limited by membership to a par- freight facilities or freight corridors.’’; rail passenger transportation, provided that the
ticular payment provider. (2) in subsection (e)(2) by striking ‘‘150 miles’’
project will yield a significant reduction in sin-
‘‘(d) NETWORK CAPABILITY.—An electric vehi- and inserting ‘‘300 miles’’;
gle occupant vehicle trips and improve mobility
cle charging station funded under this title shall (3) in subsection (f)(4) by striking ‘‘75 miles’’
on public roads.
be capable of being remotely monitored. and inserting ‘‘150 miles’’;
‘‘(c) GUIDANCE.—The Secretary shall issue
‘‘(e) STANDARDS AND GUIDANCE.—Not less (4) in subsection (h) by striking ‘‘Not later
guidance on methods of determining the reduc-
than 180 days after enactment of the INVEST in than’’ and all that follows through ‘‘shall pre-
tion of single occupant vehicle trips and im-
America Act, the Secretary of Transportation, in pare’’ and inserting ‘‘As part of the report re-
provement of mobility on public roads as those
coordination with the Secretary of Energy and quired under section 503(b)(8), the Administrator
factors relate to intercity rail passenger trans-
in consultation with relevant stakeholders, shall biennially prepare’’;
(5) in subsection (i)— portation projects under subsection (b)(4).
shall, as appropriate, develop standards and ‘‘(d) OPERATING EXPENSES.—A State may use
(A) by striking paragraphs (2) and (3);
guidance applicable to any electric vehicle not more than 10 percent of the funds provided
(B) by amending paragraph (4) to read as fol-
charging station funded in whole or in part under section 104(b)(9) for the operating ex-
lows:
under this title related to— ‘‘(4) FREIGHT PLANNING.—Notwithstanding penses of public transportation and passenger
‘‘(1) the installation, operation, or mainte- rail transportation projects.
any other provision of law, a State may not ob-
nance by qualified technicians of electric vehicle ‘‘(e) SINGLE-OCCUPANCY VEHICLE HIGHWAY
ligate funds apportioned to the State under sec-
charging infrastructure; FACILITIES.—None of the funds provided under
tion 104(b)(5) unless the State has developed,
‘‘(2) the interoperability of electric vehicle this section may be used for a project that will
updated, or amended, as applicable, a freight
charging infrastructure; result in the construction of new capacity avail-
plan in accordance with section 70202 of title
‘‘(3) any traffic control device or on-premises able to single occupant vehicles unless the
49.’’;
sign acquired, installed, or operated related to project consists of a high occupancy vehicle fa-
(C) in paragraph (5)—
an electric vehicle charging station funded (i) by striking subparagraph (B) and inserting cility and is consistent with section 166.
under this title; and the following: ‘‘(f) EVALUATION.—
‘‘(4) network connectivity of electric vehicle ‘‘(B) LIMITATION.—The Federal share of a ‘‘(1) IN GENERAL.—The Secretary shall annu-
charging infrastructure, including measures to project described in subparagraph (C)(xxiii) ally evaluate the progress of each State in car-
protect personal privacy and ensure cybersecu- shall fund only elements of such project that rying out the program under this section by
rity. provide public benefits.’’; and comparing the percent change in carbon dioxide
‘‘(f) WAGE REQUIREMENTS.—Section 113 shall (ii) in subparagraph (C)— emissions per capita on public roads in the State
apply to any project for electric vehicle charging
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(I) in clause (iii) by inserting ‘‘and freight calculated as—
infrastructure funded under this title.’’. management and operations systems’’ after ‘‘(A) the annual carbon dioxide emissions per
(b) CLERICAL AMENDMENT.—The analysis for ‘‘freight transportation systems’’; and capita on public roads in the State for the most
chapter 1 of title 23, United States Code, is (II) by amending clause (xxiii) to read as fol- recent year for which there is data; divided by
amended by inserting after the item relating to lows: ‘‘(B) the average annual carbon dioxide emis-
section 154 the following new item: ‘‘(xxiii) Freight intermodal or freight rail sions per capita on public roads in the State in
‘‘155. Electric vehicle charging stations.’’. projects, including— calendar years 2015 through 2019.
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3389
‘‘(2) MEASURES.—In conducting the evalua- amended by adding at the end the following ‘‘(2) NONINFRASTRUCTURE-RELATED ACTIVI-
tion under paragraph (1), the Secretary shall— new item: TIES.—In addition to projects described in para-
‘‘(A) prior to the effective date of the green- ‘‘171. Carbon pollution reduction.’’. graph (1), a State may obligate funds under this
house gas performance measures under section (c) APPLICABILITY.—Subsection (b)(2) of sec- section for noninfrastructure-related activities
150(c)(7)(A), use such data as are available, tion 171 of title 23, United States Code, as added to encourage walking and bicycling to school,
which may include data on motor fuels usage by this section, shall apply to a State beginning including—
published by the Federal Highway Administra- on the first fiscal year following the fiscal year ‘‘(A) public awareness campaigns and out-
tion and information on emissions factors or co- in which the State sets greenhouse gas perform- reach to press and community leaders;
efficients published by the Energy Information ance targets under section 150(d) of title 23, ‘‘(B) traffic education and enforcement in the
Administration of the Department of Energy; United States Code. vicinity of schools;
and SEC. 1214. RECREATIONAL TRAILS. ‘‘(C) student sessions on bicycle and pedes-
‘‘(B) following the effective date of the green- trian safety, health, and environment;
Section 206 of title 23, United States Code, is
house gas performance measures under section ‘‘(D) programs that address personal safety;
amended—
150(c)(7)(A), use such measures. and
‘‘(g) PROGRESS REPORT.—The Secretary shall (1) in subsection (a)—
(A) in paragraph (1) by striking ‘‘except for’’ ‘‘(E) funding for training, volunteers, and
annually issue a carbon pollution reduction managers of safe routes to school programs.
progress report, to be made publicly available on and all that follows and inserting the following:
‘‘except for— ‘‘(3) SAFE ROUTES TO SCHOOL COORDINATOR.—
the website of the Department of Transpor- Each State receiving an apportionment under
‘‘(A) a motorized wheelchair; and
tation, that includes— paragraphs (2) and (3) of section 104(b) shall use
‘‘(1) the results of the evaluation under sub- ‘‘(B) in any case in which applicable laws and
regulations permit use, an electric bicycle, as de- a sufficient amount of the apportionment to
section (f) for each State; and fund a full-time position of coordinator of the
‘‘(2) a ranking of all the States by the criteria fined in section 217(j).’’;
(B) in paragraph (2)— State’s safe routes to school program.
under subsection (f), with the States that, for ‘‘(4) RURAL SCHOOL DISTRICT OUTREACH.—A
the year covered by such report, have the larg- (i) in subparagraph (F) by striking ‘‘and’’ at
the end; coordinator described in paragraph (3) shall
est percentage reduction in annual carbon diox- conduct outreach to ensure that rural school
ide emissions per capita on public roads being (ii) in subparagraph (G) by striking the period
and inserting ‘‘; and’’; and districts in the State are aware of such State’s
ranked the highest. safe routes to school program and any funds au-
‘‘(h) HIGH-PERFORMING STATES.— (iii) by adding at the end the following:
‘‘(1) DESIGNATION.—For purposes of this sec- ‘‘(H) electric bicycling.’’; and thorized by this section.
tion, each State that is 1 of the 15 highest (2) by adding at the end the following: ‘‘(f) FEDERAL SHARE.—The Federal share of
ranked States, as determined under subsection ‘‘(j) SPECIAL RULE.—Section 113 shall not the cost of a project, program, or activity under
(g)(2), and that achieves a reduction in carbon apply to projects under this section. this section shall be 100 percent.
dioxide emissions per capita on public roads, as ‘‘(k) USE OF OTHER APPORTIONED FUNDS.— ‘‘(g) CLEARINGHOUSE.—
determined by the evaluation in subsection (f), Funds apportioned to a State under section ‘‘(1) IN GENERAL.—The Secretary shall main-
shall be designated as a high-performing State 104(b) that are obligated for recreational trails tain a national safe routes to school clearing-
for the following fiscal year. and related projects shall be administered as if house to—
‘‘(2) USE OF FUNDS.—For each State that is such funds were made available for purposes de- ‘‘(A) develop information and educational
designated as a high-performing State under scribed under this section.’’. programs on safe routes to school; and
paragraph (1)— SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM. ‘‘(B) provide technical assistance and dissemi-
‘‘(A) notwithstanding section 120, the State (a) IN GENERAL.—Chapter 2 of title 23, United nate techniques and strategies used for success-
may use funds made available under this title to States Code, is amended by inserting after sec- ful safe routes to school programs.
pay the non-Federal share of a project under tion 210 the following: ‘‘(2) FUNDING.—The Secretary shall carry out
this section during any year for which such ‘‘§ 211. Safe routes to school program this subsection using amounts authorized to be
State is designated as a high-performing State; appropriated for administrative expenses under
‘‘(a) PROGRAM.—The Secretary shall carry out section 104(a).
and a safe routes to school program for the benefit of
‘‘(B) notwithstanding section 126, the State ‘‘(h) DEFINITIONS.—In this section, the fol-
children in primary, middle, and high schools. lowing definitions apply:
may transfer up to 50 percent of funds appor-
‘‘(b) PURPOSES.—The purposes of the program ‘‘(1) IN THE VICINITY OF SCHOOLS.—The term
tioned under section 104(b)(9) to the program
shall be— ‘in the vicinity of schools’ means, with respect
under section 104(b)(2) in any year for which
‘‘(1) to enable and encourage children, includ- to a school, the area within bicycling and walk-
such State is designated as a high-performing
ing those with disabilities, to walk and bicycle ing distance of the school (approximately 2
State.
to school; miles).
‘‘(3) TRANSFER.—For each State that is 1 of
‘‘(2) to make bicycling and walking to school
the 15 lowest ranked States, as determined ‘‘(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.—
a safer and more appealing transportation alter-
under subsection (g)(2), the Secretary shall The term ‘primary, middle, and high schools’
native, thereby encouraging a healthy and ac-
transfer 10 percent of the amount apportioned to means schools providing education from kinder-
tive lifestyle from an early age; and
the State under section 104(b)(2) in the fiscal garten through twelfth grade.’’.
‘‘(3) to facilitate the planning, development,
year following the year in which the State is so (b) TECHNICAL AND CONFORMING AMEND-
and implementation of projects and activities
ranked, not including amounts set aside under MENTS.—
that will improve safety and reduce traffic, fuel
section 133(d)(1)(A) and under section 133(h) or (1) REPEAL.—Section 1404 of SAFETEA–LU
consumption, and air pollution in the vicinity of
505(a), to the apportionment of the State under (Public Law 109–59; 119 Stat. 1228–1230), and the
schools.
section 104(b)(9). item relating to such section in the table of con-
‘‘(4) LIMITATION.—The Secretary shall not ‘‘(c) USE OF FUNDS.—Amounts apportioned to
tents in section 1(b) of such Act, are repealed.
conduct a transfer under paragraph (3)— a State under paragraphs (2) and (3) of section
(2) ANALYSIS.—The analysis for chapter 2 of
‘‘(A) until the first fiscal year following the 104(b) may be used to carry out projects, pro-
title 23, United States Code, is amended by in-
effective date of greenhouse gas performance grams, and other activities under this section.
serting after the item relating to section 210 the
measures under section 150(c)(7)(A); and ‘‘(d) ELIGIBLE ENTITIES.—Projects, programs,
following:
‘‘(B) with respect to a State in any fiscal year and activities funded under this section may be
carried out by eligible entities described under ‘‘211. Safe routes to school program.’’.
following the year in which such State achieves
a reduction in carbon dioxide emissions per cap- section 133(h)(4)(B) that demonstrate an ability SEC. 1216. BICYCLE TRANSPORTATION AND PE-
to meet the requirements of this section. DESTRIAN WALKWAYS.
ita on public roads in such year as determined
by the evaluation under subsection (f). ‘‘(e) ELIGIBLE PROJECTS AND ACTIVITIES.— Section 217 of title 23, United States Code, is
‘‘(i) REPORT.—Not later than 2 years after the ‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.— amended—
date of enactment of this section and periodi- ‘‘(A) IN GENERAL.—A State may obligate funds (1) in subsection (d)—
cally thereafter, the Secretary, in consultation under this section for the planning, design, and (A) by striking ‘‘104(b)(3)’’ and inserting
with the Administrator of the Environmental construction of infrastructure-related projects ‘‘104(b)(4)’’; and
Protection Agency, shall issue a report— that will substantially improve the ability of (B) by striking ‘‘a position’’ and inserting ‘‘at
‘‘(1) detailing, based on the best available students to walk and bicycle to school, includ- least one full-time positions’’;
science, what types of projects eligible for assist- ing sidewalk improvements, traffic calming and (2) in subsection (e) by striking ‘‘bicycles’’ and
ance under this section are expected to provide speed reduction improvements, pedestrian and inserting ‘‘pedestrians or bicyclists’’ each place
the most significant greenhouse gas emissions bicycle crossing improvements, on-street bicycle such term appears;
reductions from the surface transportation sec- facilities, off-street bicycle and pedestrian facili- (3) in subsection (j)—
tor; and ties, secure bicycle parking facilities, and traffic (A) in paragraph (1) by inserting ‘‘or opera-
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‘‘(2) detailing, based on the best available diversion improvements in the vicinity of tors of micromobility devices’’ after ‘‘bicyclists’’;
science, what types of projects eligible for assist- schools. (B) by striking paragraph (2) and inserting
ance under this section are not expected to pro- ‘‘(B) LOCATION OF PROJECTS.—Infrastructure- the following:
vide significant greenhouse gas emissions reduc- related projects under subparagraph (A) may be ‘‘(2) ELECTRIC BICYCLE.—The term ‘electric bi-
tions from the surface transportation sector.’’. carried out on any public road or any bicycle or cycle’ means mean a bicycle equipped with fully
(b) CLERICAL AMENDMENT.—The analysis for pedestrian pathway or trail in the vicinity of operable pedals, a saddle or seat for the rider,
chapter 1 of title 23, United States Code, is schools. and an electric motor of less than 750 watts that
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H3390 CONGRESSIONAL RECORD — HOUSE June 30, 2021
can safely share a bicycle transportation facility tioned to the State under section 104(b)(3) for amended by inserting after the item relating to
with other users of such facility and meets the each fiscal year bears to the total amount of section 211 (as added by this Act) the following:
requirements of one of the following three class- funds apportioned to all States under such sec- ‘‘212. Use of youth service and conservation
es: tion. corps.’’.
‘‘(A) CLASS 1 ELECTRIC BICYCLE.—The term ‘‘(2) SUBALLOCATION.—For each fiscal year for Subtitle C—Project-Level Investments
‘class 1 electric bicycle’ means an electric bicycle which funds are set aside under this subsection,
SEC. 1301. PROJECTS OF NATIONAL AND RE-
equipped with a motor that provides assistance such funds shall be obligated within a State in GIONAL SIGNIFICANCE.
only when the rider is pedaling, and that ceases the manner described in subsections (d) and (e) (a) IN GENERAL.—Section 117 of title 23,
to provide assistance when the bicycle reaches of section 133, except that, for the purposes of United States Code, is amended to read as fol-
the speed of 20 miles per hour. this subsection, the percentage referred to in lows:
‘‘(B) CLASS 2 ELECTRIC BICYCLE.—The term section 133(d)(1)(A) shall be treated as 100 per-
‘class 2 electric bicycle’ means an electric bicycle cent. ‘‘§ 117. Projects of national and regional sig-
equipped with a motor that may be used exclu- ‘‘(3) USE OF FUNDS.— nificance
sively to propel the bicycle, and that is not ca- ‘‘(A) IN GENERAL.—Funds set aside under this ‘‘(a) ESTABLISHMENT.—The Secretary shall es-
pable of providing assistance when the bicycle subsection shall be available for obligation— tablish a projects of national and regional sig-
reaches the speed of 20 miles per hour. ‘‘(i) for a complete streets project that sup- nificance program under which the Secretary
‘‘(C) CLASS 3 ELECTRIC BICYCLE.—The term ports the safe, comfortable, convenient, and may make grants to, and establish multiyear
‘class 3 electric bicycle’ means an electric bicycle independent movement of all users of the trans- grant agreements with, eligible entities in ac-
equipped with a motor that provides assistance portation system, of all ages and abilities, con- cordance with this section.
only when the rider is pedaling, and that ceases sistent with context sensitive design principles; ‘‘(b) APPLICATIONS.—To be eligible for a grant
to provide assistance when the bicycle reaches ‘‘(ii) for activities eligible under the safe under this section, an eligible entity shall sub-
the speed of 28 miles per hour. routes to school program under section 211; mit to the Secretary an application in such
‘‘(3) MICROMOBILITY DEVICE.—The term ‘‘(iii) to develop and implement the policies form, in such manner, and containing such in-
‘micromobility device’ means any wheeled vehi- and procedures described in section 109(s); formation as the Secretary may require.
cle equipped with a low powered electric motor— ‘‘(iv) for any element of vision zero planning ‘‘(c) GRANT AMOUNTS AND PROJECT COSTS.—
‘‘(A) that is designed primarily for human described under section 1601 of the INVEST in ‘‘(1) IN GENERAL.—Each grant made under
transport; America Act and to implement an existing vision this section—
zero plan; ‘‘(A) shall be in an amount that is at least
‘‘(B) that weighs not more than 100 pounds;
‘‘(v) for other activities in furtherance of the $25,000,000; and
and
vulnerable road user safety assessment of the ‘‘(B) shall be for a project that has eligible
‘‘(C) that has a top speed of 20 miles per hour
State or the metropolitan planning organization project costs that are reasonably anticipated to
or less.’’.
described under subsection (l); and equal or exceed the lesser of—
SEC. 1217. NOISE BARRIERS. ‘‘(i) $100,000,000; or
‘‘(vi) for any other project, program, or plan
(a) PERMITTING USE OF HIGHWAY TRUST FUND ‘‘(ii) in the case of a project—
eligible under this section that provides for the
FOR CONSTRUCTION OF CERTAIN NOISE BAR- ‘‘(I) located in 1 State or territory, 30 percent
safe and adequate accommodation of all users of
RIERS.—Section 339(b)(1) of the National High- of the amount apportioned under this chapter to
the surface transportation network, as deter-
way System Designation Act of 1995 (23 U.S.C. the State or territory in the most recently com-
mined by the Secretary.
109 note) is amended to read as follows: pleted fiscal year; or
‘‘(B) SPECIAL RULE.—If a State or metropoli-
‘‘(1) GENERAL RULE.—No funds made available ‘‘(II) located in more than 1 State or territory,
tan planning organization demonstrates to the
out of the Highway Trust Fund may be used to 50 percent of the amount apportioned under this
satisfaction of the Secretary that such State or
construct a Type II noise barrier (as defined by chapter to the participating State or territory
metropolitan planning organization has met all
section 772.5(I) of title 23, Code of Federal Regu- with the largest apportionment under this chap-
its needs for vulnerable road user safety under
lations) pursuant to subsections (h) and (I) of ter in the most recently completed fiscal year.
this section, the State or metropolitan planning ‘‘(2) LARGE PROJECTS.—For a project that has
section 109 of title 23, United States Code, un-
organization may use funds made available eligible project costs that are reasonably antici-
less—
under this subsection for other highway safety pated to equal or exceed $500,000,000, a grant
‘‘(A) such a barrier is part of a project ap-
improvement program purposes, subject to the made under this section—
proved by the Secretary before November 28,
suballocation under paragraph (2). The Sec- ‘‘(A) shall be in an amount sufficient to fully
1995; or
‘‘(B) such a barrier separates a highway or retary may not make a determination under this fund the project, or in the case of a public
other noise corridor from a group of structures subparagraph if the State or metropolitan plan- transportation project, a minimum operable seg-
of which the majority of those closest to the ning organization has been subject to the spe- ment, in combination with other funding
highway or noise corridor— cial rule described in subsection (g)(3) within sources, including non-Federal financial com-
‘‘(i) are residential in nature; and the last 5 years.’’. mitment, identified in the application; and
‘‘(ii) either— SEC. 1219. YOUTH SERVICE AND CONSERVATION ‘‘(B) may be awarded pursuant to the process
‘‘(I) were constructed before the construction CORPS. under subsection (d), as necessary based on the
or most recent widening of the highway or noise (a) IN GENERAL.—Chapter 2 of title 23, United amount of the grant.
corridor; or States Code, is amended by inserting after sec- ‘‘(d) MULTIYEAR GRANT AGREEMENTS FOR
‘‘(II) are at least 10 years old.’’. tion 211 (as added by this Act) the following: LARGE PROJECTS.—
(b) ELIGIBILITY FOR SURFACE TRANSPOR- ‘‘§ 212. Use of youth service and conservation ‘‘(1) IN GENERAL.—A large project that re-
TATION PROGRAM FUNDS.—Section 133 of title 23, corps ceives a grant under this section may be carried
United States Code, is amended— ‘‘(a) IN GENERAL.—The Secretary may allow out through a multiyear grant agreement in ac-
(1) in subsection (b) by adding at the end the and shall encourage project sponsors to enter cordance with this subsection.
following: ‘‘(2) REQUIREMENTS.—A multiyear grant
into contracts and cooperative agreements with
‘‘(22) Planning, design, or construction of a agreement for a large project shall—
qualified youth service or conservation corps, as ‘‘(A) establish the terms of participation by
Type II noise barrier (as described in section described in sections 122(a)(2) of the National
772.5 of title 23, Code of Federal Regulations).’’; the Federal Government in the project;
and Community Service Act of 1990 (42 U.S.C. ‘‘(B) establish the amount of Federal financial
and 12572(a)(2)) and 106(c)(3) of the National and
(2) in subsection (c)(2) by inserting ‘‘and assistance for the project;
Community Service Trust Act of 1993 (42 U.S.C. ‘‘(C) establish a schedule of anticipated Fed-
paragraph (22)’’ after ‘‘(11)’’. 12656(c)(3)) to perform appropriate projects eligi- eral obligations for the project that provides for
SEC. 1218. SAFE STREETS FOR ALL. ble under sections 133(h), 162, 206, and 211. obligation of the full grant amount by not later
Section 148 of title 23, United States Code, is ‘‘(b) REQUIREMENTS.—Under any contract or than 4 fiscal years after the fiscal year in which
further amended by adding at the end the fol- cooperative agreement entered into with a quali- the initial amount is provided; and
lowing: fied youth service or conservation corps under ‘‘(D) determine the period of time for com-
‘‘(m) SAFE STREETS FOR ALL.— this section, the Secretary shall— pleting the project, even if such period extends
‘‘(1) SAFE STREETS SET-ASIDE.— ‘‘(1) set the amount of a living allowance or beyond the period of an authorization.
‘‘(A) ESTABLISHMENT.—The Secretary shall es- rate of pay for each participant in such corps ‘‘(3) SPECIAL RULES.—
tablish a safe streets program to eliminate the at— ‘‘(A) IN GENERAL.—A multiyear grant agree-
occurrence of transportation-related fatalities ‘‘(A) such amount or rate as required under ment under this subsection—
and serious injuries on public roads, with a State law in a State with such requirements; or ‘‘(i) shall obligate an amount of available
focus on vulnerable road users. ‘‘(B) for corps in States not described in sub- budget authority specified in law; and
‘‘(B) AMOUNT.—Of the funds apportioned to a paragraph (A), at such amount or rate as deter- ‘‘(ii) may include a commitment, contingent
State under section 104(b)(3) for each fiscal mined by the Secretary, not to exceed the max- on amounts to be specified in law in advance for
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year, the Secretary shall reserve an amount imum living allowance authorized by section 140 commitments under this paragraph, to obligate
such that— of the National and Community Service Act of an additional amount from future available
‘‘(i) the Secretary reserves a total under this 1990 (42 U.S.C. 12594); and budget authority specified in law.
subsection of $500,000,000 for each of fiscal years ‘‘(2) not subject such corps to the requirements ‘‘(B) CONTINGENT COMMITMENT.—A contingent
2023 through 2026; and of section 112.’’. commitment under this subsection is not an obli-
‘‘(ii) the State’s share of that total is distrib- (b) CLERICAL AMENDMENT.—The analysis for gation of the Federal Government under section
uted in the same manner as the amount appor- chapter 2 of title 23, United States Code, is 1501 of title 31.
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3391
‘‘(C) INTEREST AND OTHER FINANCING COSTS.— ‘‘(g) PROJECT REQUIREMENTS.—The Secretary ‘‘(i) PROJECT SELECTION.—
‘‘(i) IN GENERAL.—Interest and other financ- may select a project described under this section ‘‘(1) EVALUATION.—To evaluate applications
ing costs of carrying out a part of the project for funding under this section only if the Sec- for funding under this section, the Secretary
within a reasonable time shall be considered a retary determines that the project— shall—
cost of carrying out the project under a ‘‘(1) generates significant regional or national ‘‘(A) determine whether a project is eligible for
multiyear grant agreement, except that eligible economic, mobility, safety, resilience, or envi- a grant under this section;
costs may not be more than the cost of the most ronmental benefits; ‘‘(B) evaluate, through a methodology that is
favorable financing terms reasonably available ‘‘(2) is cost effective; discernible and transparent to the public, how
for the project at the time of borrowing. ‘‘(3) is based on the results of preliminary en- each application addresses the merit criteria
‘‘(ii) CERTIFICATION.—The applicant shall cer- gineering; pursuant to subsection (h);
tify to the Secretary that the applicant has ‘‘(4) has secured or will secure acceptable lev- ‘‘(C) assign a quality rating for each merit cri-
shown reasonable diligence in seeking the most els of non-Federal financial commitments, in- teria for each application based on the evalua-
favorable financing terms. cluding— tion in subparagraph (B);
‘‘(4) ADVANCE PAYMENT.—An eligible entity ‘‘(A) one or more stable and dependable ‘‘(D) ensure that applications receive final
carrying out a large project under a multiyear sources of funding and financing to construct, consideration by the Secretary to receive an
grant agreement— maintain, and operate the project; and award under this section only on the basis of
‘‘(B) contingency amounts to cover unantici- such quality ratings and that the Secretary
‘‘(A) may use funds made available to the eli-
pated cost increases; gives final consideration only to applications
gible entity under this title or title 49 for eligible
‘‘(5) cannot be easily and efficiently completed
project costs of the large project; and that meet the minimally acceptable level for
without additional Federal funding or financial
‘‘(B) shall be reimbursed, at the option of the each of the merit criteria; and
assistance available to the project sponsor, be-
eligible entity, for such expenditures from the ‘‘(E) award grants only to projects rated high-
yond existing Federal apportionments; and
amount made available under the multiyear ‘‘(6) is reasonably expected to begin construc- ly under the evaluation and rating process.
grant agreement for the project in that fiscal ‘‘(2) CONSIDERATIONS FOR LARGE PROJECTS.—
tion not later than 18 months after the date of
year or a subsequent fiscal year. In awarding a grant for a large project, the Sec-
obligation of funds for the project.
‘‘(e) ELIGIBLE PROJECTS.— ‘‘(h) MERIT CRITERIA AND CONSIDERATIONS.— retary shall—
‘‘(1) IN GENERAL.—The Secretary may make a ‘‘(1) MERIT CRITERIA.—In awarding a grant ‘‘(A) consider the amount of funds available
grant under this section only for a project that under this section, the Secretary shall evaluate in future fiscal years for the program under this
is a project eligible for assistance under this title the following merit criteria: section; and
or chapter 53 of title 49 and is— ‘‘(A) The extent to which the project supports ‘‘(B) assume the availability of funds in fu-
‘‘(A) a bridge project carried out on the Na- achieving a state of good repair. ture fiscal years for the program that extend be-
tional Highway System, or that is eligible to be ‘‘(B) The level of benefits the project is ex- yond the period of authorization based on the
carried out under section 165; pected to generate, including— amount made available for the program in the
‘‘(B) a project to improve person throughput ‘‘(i) the costs avoided by the prevention of clo- last fiscal year of the period of authorization.
that is— sure or reduced use of the asset to be improved ‘‘(3) GEOGRAPHIC DISTRIBUTION.—In awarding
‘‘(i) a highway project carried out on the Na- by the project; grants under this section, the Secretary shall
tional Highway System, or that is eligible to be ‘‘(ii) reductions in maintenance costs over the ensure geographic diversity and a balance be-
carried out under section 165; life of the asset; tween rural and urban communities among
‘‘(ii) a public transportation project; or ‘‘(iii) safety benefits, including the reduction grant recipients over fiscal years 2023 through
‘‘(iii) a capital project, as such term is defined of accidents and related costs; 2026.
in section 22906 of title 49, to improve intercity ‘‘(iv) improved person or freight throughput, ‘‘(4) PUBLICATION OF METHODOLOGY.—
rail passenger transportation; or including congestion reduction and reliability ‘‘(A) IN GENERAL.—Prior to the issuance of
‘‘(C) a project to improve freight throughput improvements; any notice of funding opportunity for grants
that is— ‘‘(v) national and regional economic benefits; under this section, the Secretary shall publish
‘‘(i) a highway freight project carried out on ‘‘(vi) resilience benefits, including the ability and make publicly available on the Depart-
the National Highway Freight Network estab- to withstand disruptions from a seismic event; ment’s website—
lished under section 167 or on the National ‘‘(vii) environmental benefits, including re- ‘‘(i) a detailed explanation of the merit cri-
Highway System; duction in greenhouse gas emissions and air teria developed under subsection (h);
‘‘(ii) a freight intermodal, freight rail, or rail- quality benefits; and ‘‘(ii) a description of the evaluation process
way-highway grade crossing or grade separa- ‘‘(viii) benefits to all users of the project, in- under this subsection; and
tion project; or cluding pedestrian, bicycle, nonvehicular, rail- ‘‘(iii) how the Secretary shall determine
‘‘(iii) within the boundaries of a public or pri- road, and public transportation users. whether a project satisfies each of the require-
vate freight rail, water (including ports), or ‘‘(C) How the benefits compare to the costs of ments under subsection (g).
intermodal facility and that is a surface trans- the project. ‘‘(B) UPDATES.—The Secretary shall update
‘‘(D) The average number of people or volume
portation infrastructure project necessary to fa- and make publicly available on the website of
of freight, as applicable, supported by the
cilitate direct intermodal interchange, transfer, the Department of Transportation such informa-
project, including visitors based on travel and
or access into or out of the facility. tion at any time a revision to the information
tourism.
‘‘(2) LIMITATION.— described in subparagraph (A) is made.
‘‘(2) ADDITIONAL CONSIDERATIONS.—In award-
‘‘(A) CERTAIN FREIGHT PROJECTS.—Projects de- ‘‘(C) INFORMATION REQUIRED.—The Secretary
ing a grant under this section, the Secretary
scribed in clauses (ii) and (iii) of paragraph shall include in the published notice of funding
shall consider the following:
(1)(C) may receive a grant under this section ‘‘(A) Whether the project spans at least 1 bor- opportunity for a grant under this section de-
only if— der between 2 States. tailed information on the rating methodology
‘‘(i) the project will make a significant im- ‘‘(B) Whether the project serves low-income and merit criteria to be used to evaluate appli-
provement to the movement of freight on the Na- residents of low-income communities, including cations, or a reference to the information on the
tional Highway System; and areas of persistent poverty, while not displacing website of the Department of Transportation, as
‘‘(ii) the Federal share of the project funds such residents. required by subparagraph (A).
only elements of the project that provide public ‘‘(C) Whether the project uses innovative tech- ‘‘(j) FEDERAL SHARE.—
benefits. nologies, innovative design and construction ‘‘(1) IN GENERAL.—The Federal share of the
‘‘(B) CERTAIN PROJECTS FOR PERSON THROUGH- techniques, or pavement materials that dem- cost of a project carried out with a grant under
PUT.—Projects described in clauses (ii) and (iii) onstrate reductions in greenhouse gas emissions this section may not exceed 60 percent.
of paragraph (1)(B) may receive a grant under through sequestration or innovative manufac- ‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—Fed-
this section only if the project will make a sig- turing processes and, if so, the degree to which eral assistance other than a grant under this
nificant improvement in mobility on public such technologies, techniques, or materials are section may be used to satisfy the non-Federal
roads. used. share of the cost of a project for which such a
‘‘(f) ELIGIBLE PROJECT COSTS.—An eligible en- ‘‘(D) Whether the project improves grant is made, except that the total Federal as-
tity receiving a grant under this section may use connectivity between modes of transportation sistance provided for a project receiving a grant
such grant for— moving people or goods in the Nation or region. under this section may not exceed 80 percent of
‘‘(1) development phase activities, including ‘‘(E) Whether the project provides new or im- the total project cost.
planning, feasibility analysis, revenue fore- proved connections between at least two metro- ‘‘(k) BRIDGE INVESTMENTS.—Of the amounts
casting, environmental review, preliminary engi- politan areas with a population of at least made available to carry out this section, the
neering and design work, and other 500,000. Secretary shall reserve not less than
preconstruction activities; and ‘‘(F) Whether the project would replace, re- $1,000,000,000 in each fiscal year to make grants
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‘‘(2) construction, reconstruction, rehabilita- construct, or rehabilitate a commuter corridor for projects described in subsection (e)(1)(A).
tion, acquisition of real property (including (including a high-commuter corridor (as such ‘‘(l) TREATMENT OF PROJECTS.—
land related to the project and improvements to term is defined in section 203(a)(6))) that is in ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary
the land), environmental mitigation, construc- poor condition. shall, with respect to a project funded by a
tion contingencies, acquisition of equipment, ‘‘(G) Whether the project would improve the grant under this section, apply—
and operational improvements directly related to shared transportation corridor of a multistate ‘‘(A) the requirements of this title to a high-
improving system performance. corridor. way project;
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H3392 CONGRESSIONAL RECORD — HOUSE June 30, 2021
‘‘(B) the requirements of chapter 53 of title 49 and publish on the website of the Department of ‘‘(B) not less than 25 percent of the amounts
to a public transportation project; and Transportation— made available to carry out this section for
‘‘(C) the requirements of section 22905 of title ‘‘(A) a summary of each application made to projects located in areas with a population
49 to a passenger rail or freight rail project. the program for the grant application period; greater than 74,999 individuals and fewer than
‘‘(2) MULTIMODAL PROJECTS.— and 200,001 individuals.
‘‘(A) IN GENERAL.—Except as otherwise pro- ‘‘(B) the evaluation and justification for the ‘‘(2) DEFINITION OF RURAL AREA.—In this sub-
vided in this paragraph, if an eligible project is project selection, including ratings assigned to section, the term ‘rural area’ means all areas of
a multimodal project, the Secretary shall— all applications and a list of applications that a State or territory that are outside of an urban-
‘‘(i) determine the predominant modal compo- received final consideration by the Secretary to ized area with a population greater than 74,999
nent of the project; and receive an award under this section, for the individuals, as determined by the Bureau of the
‘‘(ii) apply the applicable requirements of grant application period. Census.
such predominant modal component to the ‘‘(2) BRIEFING.—The Secretary shall provide, ‘‘(3) EXCESS FUNDING.—If the Secretary deter-
project. at the request of a grant applicant under this mines that there are insufficient qualified appli-
‘‘(B) EXCEPTIONS.— section, the opportunity to receive a briefing to cants to use the funds set aside under this sub-
‘‘(i) PASSENGER OR FREIGHT RAIL COMPO- explain any reasons the grant applicant was not section, the Secretary may use such funds for
NENT.—For any passenger or freight rail compo- awarded a grant. grants for any projects eligible under this sec-
nent of a project, the requirements of section ‘‘(r) DEFINITION OF ELIGIBLE ENTITY.—In this tion.
22907(j)(2) of title 49 shall apply. section, the term ‘eligible entity’ means— ‘‘(f) EVALUATION.—To evaluate applications
‘‘(ii) PUBLIC TRANSPORTATION COMPONENT.— ‘‘(1) a State or a group of States; under this section, the Secretary shall—
For any public transportation component of a ‘‘(2) a unit of local government, including a
‘‘(1) develop a process to objectively evaluate
project, the requirements of section 5333 of title metropolitan planning organization, or a group
applications on the benefits of the project pro-
49 shall apply. of local governments;
posed in such application—
‘‘(C) BUY AMERICA.—In applying the Buy ‘‘(3) a political subdivision of a State or local
‘‘(A) to transportation safety, including re-
America requirements under section 313 of this government;
‘‘(4) a special purpose district or public au- ductions in traffic fatalities and serious injuries;
title and sections 5320, 22905(a), and 24305(f) of ‘‘(B) to state of good repair, including im-
thority with a transportation function, includ-
title 49 to a multimodal project under this para- proved condition of bridges and pavements;
ing a port authority;
graph, the Secretary shall— ‘‘(5) an Indian Tribe or Tribal organization; ‘‘(C) to transportation system access, includ-
‘‘(i) consider the various modal components of ‘‘(6) a Federal agency eligible to receive funds ing improved access to jobs and services; and
the project; and under section 201, 203, or 204, including the ‘‘(D) in reducing greenhouse gas emissions;
‘‘(ii) seek to maximize domestic jobs. Army Corps of Engineers, Bureau of Reclama- ‘‘(2) develop a rating system to assign a nu-
‘‘(m) TIFIA PROGRAM.—At the request of an tion, and the Bureau of Land Management, meric value to each application, based on each
eligible entity under this section, the Secretary that applies jointly with a State or group of of the criteria described in paragraph (1);
may use amounts awarded to the entity to pay States; ‘‘(3) for each application submitted, compare
subsidy and administrative costs necessary to ‘‘(7) a territory; and the total benefits of the proposed project, as de-
provide the entity Federal credit assistance ‘‘(8) a multistate or multijurisdictional group termined by the rating system developed under
under chapter 6 with respect to the project for of entities described in this subsection.’’. paragraph (2), with the costs of such project,
which the grant was awarded. (b) CLERICAL AMENDMENT.—The analysis for and rank each application based on the results
‘‘(n) ADMINISTRATION.—Of the amounts made chapter 1 of title 23, United States Code, is of the comparison; and
available to carry out this section, the Secretary amended by striking the item relating to section ‘‘(4) ensure that only such applications that
may use up to $5,000,000 in each fiscal year for 117 and inserting the following: are ranked highly based on the results of the
the costs of administering the program under ‘‘117. Projects of national and regional signifi- comparison conducted under paragraph (3) are
this section. cance.’’. considered to receive a grant under this section.
‘‘(o) TECHNICAL ASSISTANCE.—Of the amounts SEC. 1302. COMMUNITY TRANSPORTATION IN- ‘‘(g) WEIGHTING.—In establishing the evalua-
made available to carry out this section, the VESTMENT GRANT PROGRAM. tion process under subsection (f), the Secretary
Secretary may reserve up to $5,000,000 to provide (a) IN GENERAL.—Chapter 1 of title 23, United may assign different weights to the criteria de-
technical assistance to eligible entities. States Code, as amended by this title, is further scribed in subsection (f)(1) based on project
‘‘(p) CONGRESSIONAL REVIEW.— amended by adding at the end the following: type, population served by a project, and other
‘‘(1) NOTIFICATION.—Not less than 60 days be- context-sensitive considerations, provided that—
‘‘§ 173. Community transportation investment
fore making an award under this section, the ‘‘(1) each application is rated on all criteria
grant program
Secretary shall submit to the Committee on described in subsection (f)(1); and
Transportation and Infrastructure of the House ‘‘(a) ESTABLISHMENT.—The Secretary shall es- ‘‘(2) each application has the same possible
of Representatives and the Committee on Envi- tablish a community transportation investment minimum and maximum rating, regardless of
ronment and Public Works, the Committee on grant program to improve surface transportation any differences in the weighting of criteria.
Banking, Housing, and Urban Affairs, and the safety, state of good repair, accessibility, and ‘‘(h) TRANSPARENCY.—
Committee on Commerce, Science, and Transpor- environmental quality through infrastructure ‘‘(1) PUBLICLY AVAILABLE INFORMATION.—
tation of the Senate— investments. Prior to the issuance of any notice of funding
‘‘(b) GRANT AUTHORITY.— opportunity under this section, the Secretary
‘‘(A) a list of all applications determined to be
‘‘(1) IN GENERAL.—In carrying out the pro-
eligible for a grant by the Secretary; shall make publicly available on the website of
gram established under subsection (a), the Sec-
‘‘(B) the quality ratings assigned to each ap- the Department of Transportation a detailed ex-
retary shall make grants, on a competitive basis,
plication pursuant to subsection (i); planation of the evaluation and rating process
to eligible entities in accordance with this sec-
‘‘(C) a list of applications that received final developed under subsection (f), including any
tion.
consideration by the Secretary to receive an differences in the weighting of criteria pursuant
‘‘(2) GRANT AMOUNT.—The maximum amount
award under this section; to subsection (g), if applicable, and update such
of a grant under this section shall be $25,000,000.
‘‘(D) each application proposed to be selected ‘‘(c) APPLICATIONS.—To be eligible for a grant website for each revision of the evaluation and
for a grant award; under this section, an eligible entity shall sub- rating process.
‘‘(E) proposed grant amounts, including for mit to the Secretary an application in such ‘‘(2) NOTIFICATIONS TO CONGRESS.—The Sec-
each new multiyear grant agreement, the pro- form, at such time, and containing such infor- retary shall submit to the Committee on Trans-
posed payout schedule for the project; and mation as the Secretary may require. portation and Infrastructure of the House of
‘‘(F) an analysis of the impacts of any large ‘‘(d) ELIGIBLE PROJECT COSTS.—Grant Representatives, the Committee on Environment
projects proposed to be selected on existing com- amounts for an eligible project carried out under and Public Works of the Senate, the Committee
mitments and anticipated funding levels for the this section may be used for— on Banking, Housing, and Urban Affairs of the
next 4 fiscal years, based on information avail- ‘‘(1) development phase activities, including Senate, and the Committee on Commerce,
able to the Secretary at the time of the report. planning, feasibility analysis, revenue fore- Science, and Transportation of the Senate the
‘‘(2) COMMITTEE REVIEW.—Before the last day casting, environmental review, preliminary engi- following written notifications:
of the 60-day period described in paragraph (1), neering and design work, and other ‘‘(A) A notification when the Secretary pub-
each Committee described in paragraph (1) shall preconstruction activities; and lishes or updates the information required under
review the Secretary’s list of proposed projects. ‘‘(2) construction, reconstruction, rehabilita- paragraph (1).
‘‘(3) CONGRESSIONAL DISAPPROVAL.—The Sec- tion, acquisition of real property (including ‘‘(B) Not later than 30 days prior to the date
retary may not make a grant or any other obli- land related to the project and improvements to on which the Secretary awards a grant under
gation or commitment to fund a project under such land), environmental mitigation, construc- this section, a notification that includes—
this section if a joint resolution is enacted dis- tion contingencies, acquisition of equipment, ‘‘(i) the ratings of each application submitted
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approving funding for the project before the last and operational improvements. pursuant to subsection (f)(2);
day of the 60-day period described in paragraph ‘‘(e) RURAL AND COMMUNITY SETASIDES.— ‘‘(ii) the ranking of each application sub-
(1). ‘‘(1) IN GENERAL.—The Secretary shall re- mitted pursuant to subsection (f)(3); and
‘‘(q) TRANSPARENCY.— serve— ‘‘(iii) a list of all applications that receive
‘‘(1) IN GENERAL.—Not later than 30 days after ‘‘(A) not less than 25 percent of the amounts final consideration by the Secretary to receive
awarding a grant for a project under this sec- made available to carry out this section for an award under this section pursuant to sub-
tion, the Secretary shall send to all applicants, projects located in rural areas; and section (f)(4).
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3393
‘‘(C) Not later than 3 business days prior to (b) CLERICAL AMENDMENT.—The analysis for ‘‘(3) ALTERNATIVE DISTRIBUTION OF FUNDS.—
the date on which the Secretary announces the chapter 1 of title 23, United States Code, is fur- ‘‘(A) PLAN.—The Secretary shall establish a
award of a grant under this section, a notifica- ther amended by adding at the end the fol- deadline by which a State shall provide a plan
tion describing each grant to be awarded, in- lowing new item: to the Secretary, in such form and such manner
cluding the amount and the recipient. ‘‘173. Community transportation investment that the Secretary requires, describing how such
‘‘(i) TECHNICAL ASSISTANCE.—Of the amounts grant program.’’. State intends to use its allocation under this
made available to carry out this section, the SEC. 1303. CLEAN CORRIDORS PROGRAM. section.
Secretary may reserve up to $3,000,000 in each (a) PURPOSE.—The purpose of this section is ‘‘(B) EFFICIENT OBLIGATION OF FUNDS.—If a
fiscal year to provide technical assistance to eli- to establish a formula program to strategically State fails to submit the plan required by sub-
gible entities. deploy electric vehicle charging infrastructure paragraph (A) to the Secretary in a timely man-
‘‘(j) ADMINISTRATION.—Of the amounts made along designated alternative fuel corridors that ner, or if the Secretary determines a State has
available to carry out this section, the Secretary will be accessible to all drivers of electric vehi- not taken sufficient action to carry out its plan,
may reserve up to $5,000,000 for the administra- cles. the Secretary may—
tive costs of carrying out the program under this (b) NATIONAL ELECTRIC VEHICLE CHARGING ‘‘(i) withdraw from the State the funds that
section. AND HYDROGEN, PROPANE, AND NATURAL GAS were apportioned to the State for a fiscal year
‘‘(k) TREATMENT OF PROJECTS.— FUELING CORRIDORS.—Section 151 of title 23, under section 104(b)(10);
‘‘(1) FEDERAL REQUIREMENTS.—The Secretary United States Code, is amended— ‘‘(ii) award such funds on a competitive basis
shall, with respect to a project funded by a (1) in subsection (a) by striking ‘‘Not later to local units of government within the State for
grant under this section, apply— than 1 year after the date of enactment of the use on projects that meet the eligibility require-
‘‘(A) the requirements of this title to a high- FAST Act, the Secretary shall’’ and inserting ments described in paragraph (4); and
way project; ‘‘The Secretary shall periodically’’; ‘‘(iii) ensure timely obligation of such funds.
‘‘(B) the requirements of chapter 53 of title 49 (2) in subsection (b)(2) by inserting ‘‘pre- ‘‘(C) REDISTRIBUTION AMONG STATES.—If the
to a public transportation project; and viously designated by the Federal Highway Ad- Secretary determines that any funds withdrawn
‘‘(C) the requirements of section 22905 of title ministration or’’ after ‘‘fueling corridors’’; from a State under subparagraph (B)(i) cannot
49 to a passenger rail or freight rail project. (3) in subsection (d)— be fully awarded to local units of government
‘‘(2) MULTIMODAL PROJECTS.— (A) by striking ‘‘Not later than’’ and inserting within the State under subparagraph (B)(ii) in
‘‘(A) IN GENERAL.—Except as otherwise pro- the following: a manner consistent with the purpose of this
vided in this paragraph, if an eligible project is ‘‘(1) IN GENERAL.—Not later than’’; subsection, any such funds remaining under
a multimodal project, the Secretary shall— (B) by striking ‘‘5 years after the date of es- subparagraph (B)(i) shall be—
‘‘(i) determine the predominant modal compo- tablishment of the corridors under subsection ‘‘(i) apportioned among other States (except
nent of the project; and (a), and every 5 years thereafter’’ and inserting States for which funds for that fiscal year have
‘‘(ii) apply the applicable requirements of ‘‘180 days after the date of enactment of the IN- been withdrawn under subparagraph (B)(i)) in
such predominant modal component to the VEST in America Act’’; the same ratio as funds apportioned for that fis-
project. (C) by inserting ‘‘establish a recurring process cal year under section 104(b)(10)(C) for the Pro-
‘‘(B) EXCEPTIONS.— to regularly’’ after ‘‘the Secretary shall’’; and gram; and
‘‘(i) PASSENGER OR FREIGHT RAIL COMPO- (D) by adding at the end the following: ‘‘(ii) only available to carry out this section.
NENT.—For any passenger or freight rail compo- ‘‘(2) FREIGHT CORRIDORS.—Not later than 1 ‘‘(4) ELIGIBLE PROJECTS.—
nent of a project, the requirements of section year after the date of enactment of the INVEST ‘‘(A) IN GENERAL.—Funding made available
22907(j)(2) of title 49 shall apply. in America Act, the Secretary shall designate under this subsection shall be for projects—
‘‘(ii) PUBLIC TRANSPORTATION COMPONENT.— national electric vehicle charging and hydrogen ‘‘(i) directly related to the electric charging or
For any public transportation component of a fueling freight corridors that identify the near- hydrogen fueling of a vehicle; and
project, the requirements of section 5333 of title and long-term need for, and the location of, ‘‘(ii) only for infrastructure that is open to the
49 shall apply. electric vehicle charging and hydrogen fueling general public or to authorized commercial
‘‘(C) BUY AMERICA.—In applying the Buy infrastructure to support freight and goods motor vehicle operators from more than 1 com-
America requirements under section 313 of this movement at strategic locations along major na- pany.
title and sections 5320, 22905(a), and 24305(f) of tional highways, the National Highway Freight ‘‘(B) LOCATION OF INFRASTRUCTURE.—
title 49 to a multimodal project under this para- Network, and goods movement locations includ- ‘‘(i) IN GENERAL.—Any charging or fueling in-
graph, the Secretary shall— ing ports, intermodal centers, and warehousing frastructure acquired or installed with funding
‘‘(i) consider the various modal components of locations.’’; under this subsection shall be located along an
the project; and (4) in subsection (e)— alternative fuel corridor.
‘‘(ii) seek to maximize domestic jobs. (A) in paragraph (1) by striking ‘‘; and’’ and ‘‘(ii) GUIDANCE.—Not later than 90 days after
‘‘(l) TRANSPARENCY.— inserting a semicolon; the date of enactment of the INVEST in America
‘‘(1) IN GENERAL.—Not later than 30 days after (B) in paragraph (2)— Act, the Secretary of Transportation, in coordi-
awarding a grant for a project under this sec- (i) by striking ‘‘establishes an aspirational nation with the Secretary of Energy, shall de-
tion, the Secretary shall send to all applicants, goal of achieving’’ and inserting ‘‘describes ef- velop guidance for States and localities to stra-
and publish on the website of the Department of forts to achieve’’; and tegically deploy charging and fueling infra-
Transportation— (ii) by striking ‘‘by the end of fiscal year
structure along alternative fuel corridors, con-
‘‘(A) a summary of each application made to 2020.’’ and inserting ‘‘, including progress on
sistent with this section.
the program for the grant application period; the implementation of subsection (f); and’’;
(C) by adding at the end the following: ‘‘(iii) ADDITIONAL CONSIDERATIONS.—In devel-
and
‘‘(B) the evaluation and justification for the ‘‘(3) summarizes best practices and provides oping the guidance required under clause (ii),
project selection, including ratings and rankings guidance, developed through consultation with the Secretary of Transportation, in coordination
assigned to all applications and a list of appli- the Secretary of Energy, for project development with the Secretary of Energy, shall consider—
of electric vehicle charging infrastructure to ‘‘(I) the distance between publicly available
cations that received final consideration by the
allow for the predictable deployment of such in- charging and fueling infrastructure eligible
Secretary to receive an award under this sec-
frastructure.’’; and under this section;
tion, for the grant application period.
‘‘(2) BRIEFING.—The Secretary shall provide, (5) by adding at the end the following: ‘‘(II) connections to the electric grid or fuel
at the request of a grant applicant under this ‘‘(f) CLEAN CORRIDORS PROGRAM.— distribution system, including electric distribu-
section, the opportunity to receive a briefing to ‘‘(1) ESTABLISHMENT.—There is established a tion upgrades, vehicle-to-grid integration, in-
explain any reasons the grant applicant was not clean corridors program (referred to in this sub- cluding smart charge management or other pro-
awarded a grant. section as the ‘‘Program’’) to provide funding to tocols that can minimize impacts to the electric
‘‘(m) DEFINITIONS.—In this section: States to strategically deploy electric vehicle grid, and alignment with electric distribution
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti- charging and hydrogen fueling infrastructure interconnection processes;
ty’ means— along alternative fuel corridors and to establish ‘‘(III) plans to protect the electric grid from
‘‘(A) a metropolitan planning organization; an interconnected network to facilitate data col- added load of charging distribution systems
‘‘(B) a unit of local government; lection, access, and reliability. from adverse impacts of changing load patterns,
‘‘(C) a transit agency; ‘‘(2) PURPOSE.—The purpose of the Program is including through on site storage;
‘‘(D) an Indian Tribe or Tribal organization; to provide funding for— ‘‘(IV) plans for the use of renewable energy
‘‘(E) a multijurisdictional group of entities de- ‘‘(A) the acquisition and installation of elec- sources to power charging, energy storage, and
scribed in this paragraph; tric vehicle charging infrastructure and hydro- hydrogen fuel production;
‘‘(F) a special purpose district with a trans- gen fueling infrastructure to serve as a catalyst ‘‘(V) the proximity of existing off-highway
portation function or a port authority; for the deployment of such infrastructure and to travel centers, fuel retailers, and small busi-
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‘‘(G) a territory; or connect it to a network to facilitate data collec- nesses to electric vehicle charging infrastructure
‘‘(H) a State that applies for a grant under tion, access, and reliability; acquired or funded under this subsection;
this section jointly with an entity described in ‘‘(B) proper operation and maintenance of ‘‘(VI) the need for publicly available electric
subparagraphs (A) through (G). electric vehicle charging infrastructure; and vehicle charging infrastructure in rural cor-
‘‘(2) ELIGIBLE PROJECT.—The term ‘eligible ‘‘(C) data sharing about charging and fueling ridors;
project’ means any project eligible under this infrastructure to ensure the long-term success of ‘‘(VII) the long-term operation and mainte-
title or chapter 53 of title 49.’’. investments made through the Program. nance of publicly available electric vehicle
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H3394 CONGRESSIONAL RECORD — HOUSE June 30, 2021
charging infrastructure to avoid stranded assets SEC. 1304. COMMUNITY CLIMATE INNOVATION ‘‘(4) an applicant has adequately considered
and protect the investment of public funds in GRANTS. or will adequately consider, including through
that infrastructure; (a) IN GENERAL.—Chapter 1 of title 23, United the opportunity for public comment, the envi-
‘‘(VIII) existing private, national, State, local, States Code, as amended by this title, is further ronmental justice and equity impacts of the
Tribal, and territorial government electric vehi- amended by inserting after section 171 the fol- project;
cle charging infrastructure programs and incen- lowing: ‘‘(5) a project contributes to geographic diver-
tives; ‘‘§ 172. Community climate innovation grants sity among grant recipients, including to
‘‘(IX) fostering enhanced, coordinated, public- ‘‘(a) ESTABLISHMENT.—The Secretary shall es- achieve a balance between urban, suburban,
private or private investment in charging and tablish a community climate innovation grant and rural communities;
fueling infrastructure; program (in this section referred to as the ‘Pro- ‘‘(6) a project serves low-income residents of
‘‘(X) ensuring consumer protection and pric- low-income communities, including areas of per-
gram’) to make grants, on a competitive basis,
ing transparency; sistent poverty, while not displacing such resi-
‘‘(XI) the availability of onsite amenities for for locally selected projects that reduce green-
house gas emissions while improving the mobil- dents;
vehicle operators, including restrooms or food ‘‘(7) a project uses pavement materials that
facilities; and ity, accessibility, and connectivity of the surface
transportation system. demonstrate reductions in greenhouse gas emis-
‘‘(XII) any other factors, as determined by the sions through sequestration or innovative manu-
Secretary. ‘‘(b) PURPOSE.—The purpose of the Program
shall be to support communities in reducing facturing processes;
‘‘(5) ELIGIBLE PROJECT COSTS.—Subject to ‘‘(8) a project repurposes neglected or
paragraph (6), funds made available under this greenhouse gas emissions from the surface
transportation system. underused infrastructure, including abandoned
subsection may be used for— highways, bridges, railways, trail ways, and ad-
‘‘(A) the acquisition or installation of electric ‘‘(c) ELIGIBLE APPLICANTS.—The Secretary
may make grants under the Program to the fol- jacent underused spaces, into new hybrid forms
vehicle charging or hydrogen fueling infrastruc-
lowing entities: of public space that support multiple modes of
ture;
‘‘(1) A metropolitan planning organization. transportation; and
‘‘(B) operating assistance for costs allocable to
‘‘(2) A unit of local government or a group of ‘‘(9) a project includes regional multimodal
operating and maintaining infrastructure ac-
local governments, or a county or multi-county transportation system management and oper-
quired or installed under this subsection, for a
special district. ations elements that will improve the effective-
period not to exceed five years;
‘‘(C) the acquisition or installation of traffic ‘‘(3) A subdivision of a local government. ness of such project and encourage reduction of
control devices located in the right-of-way to ‘‘(4) A transit agency. single occupancy trips by providing the ability
provide directional information to infrastructure ‘‘(5) A special purpose district with a trans- of users to plan, use, and pay for multimodal
acquired, installed, or operated under this sub- portation function or a port authority. transportation alternatives.
‘‘(6) An Indian Tribe or Tribal organization. ‘‘(i) FUNDING.—
section; or
‘‘(D) on-premises signs to provide information ‘‘(7) A territory. ‘‘(1) MAXIMUM AMOUNT.—The maximum
about infrastructure acquired, installed, or op- ‘‘(8) A multijurisdictional group of entities de- amount of a grant under the Program shall be
erated under this subsection. scribed in paragraphs (1) through (7). $25,000,000.
‘‘(6) PROJECT REQUIREMENTS.—Not later than ‘‘(d) APPLICATIONS.—To be eligible for a grant ‘‘(2) TECHNICAL ASSISTANCE.—Of the amounts
180 days after the date of enactment of the IN- under the Program, an entity specified in sub- made available to carry out the Program, the
VEST in America Act, the Secretary of Trans- section (c) shall submit to the Secretary an ap- Secretary may use up to 1 percent to provide
portation, in coordination with the Secretary of plication in such form, at such time, and con- technical assistance to applicants and potential
Energy and in consultation with relevant stake- taining such information as the Secretary deter- applicants.
holders, shall, as appropriate, develop standards mines appropriate. ‘‘(j) TREATMENT OF PROJECTS.—
‘‘(e) ELIGIBLE PROJECTS.—The Secretary may ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary
and requirements for electric vehicle charging
only provide a grant under the Program for a shall, with respect to a project funded by a
infrastructure under this subsection related to—
‘‘(A) the installation, operation, or mainte- project that is expected to yield a significant re- grant under this section, apply—
nance by qualified technicians of electric vehicle duction in greenhouse gas emissions from the ‘‘(A) the requirements of this title to a high-
charging infrastructure funded under this sub- surface transportation system and— way project;
section; ‘‘(1) is a project eligible for assistance under ‘‘(B) the requirements of chapter 53 of title 49
‘‘(B) the interoperability of electric vehicle this title or under chapter 53 of title 49, or is a to a public transportation project; and
charging infrastructure funded under this sub- capital project for vehicles and facilities, wheth- ‘‘(C) the requirements of section 22905 of title
section; er publicly or privately owned, that are used to 49 to a passenger rail or freight rail project.
‘‘(C) any traffic control device or on-premises provide intercity passenger service by bus; or ‘‘(2) MULTIMODAL PROJECTS.—
sign acquired, installed, or operated under this ‘‘(2) is a capital project as defined in section ‘‘(A) IN GENERAL.—Except as otherwise pro-
subsection; 22906 of title 49 to improve intercity passenger vided in this paragraph, if an eligible project is
‘‘(D) any data requested by the Secretary re- rail that will yield a significant reduction in a multimodal project, the Secretary shall—
lated to a project funded under this subsection, single occupant vehicle trips and improve mobil- ‘‘(i) determine the predominant modal compo-
including the format and schedule for the sub- ity on public roads. nent of the project; and
mission of such data; and ‘‘(f) ELIGIBLE USES.—Grant amounts received ‘‘(ii) apply the applicable requirements of
‘‘(E) network connectivity of electric vehicle for a project under the Program may be used such predominant modal component to the
charging infrastructure funded under this sub- for— project.
section that includes measures to protect per- ‘‘(1) development phase activities, including ‘‘(B) EXCEPTIONS.—
sonal privacy and ensure cybersecurity. planning, feasibility analysis, revenue fore- ‘‘(i) PASSENGER OR FREIGHT RAIL COMPO-
‘‘(7) FEDERAL SHARE.—The Federal share pay- casting, environmental review, preliminary engi- NENT.—For any passenger or freight rail compo-
able for the cost of a project funded under this neering and design work, and other nent of a project, the requirements of section
subsection shall be 80 percent. preconstruction activities; and 22907(j)(2) of title 49 shall apply.
‘‘(8) PERIOD OF AVAILABILITY.—Notwith- ‘‘(2) construction, reconstruction, rehabilita- ‘‘(ii) PUBLIC TRANSPORTATION COMPONENT.—
standing section 118(b), funds made available tion, acquisition of real property (including For any public transportation component of a
for the Program shall be available until ex- land related to the project and improvements to project, the requirements of section 5333 of title
pended. the land), environmental mitigation, construc- 49 shall apply.
‘‘(9) ADDITIONAL ASSISTANCE GRANTS.—For tion contingencies, acquisition of equipment, ‘‘(C) BUY AMERICA.—In applying the Buy
each of fiscal years 2023 through 2026, before and operational improvements. America requirements under section 313 of this
making an apportionment under section ‘‘(g) PROJECT PRIORITIZATION.—In making title and sections 5320, 22905(a), and 24305(f) of
104(b)(10), the Secretary shall set aside, from grants for projects under the Program, the Sec- title 49 to a multimodal project under this para-
amounts made available to carry out the clean retary shall give priority to projects that are ex- graph, the Secretary shall—
corridors program under this subsection, pected to yield the most significant reductions in ‘‘(i) consider the various modal components of
$100,000,000 for grants to States or localities that greenhouse gas emissions from the surface the project; and
require additional assistance to strategically de- transportation system. ‘‘(ii) seek to maximize domestic jobs.
ploy infrastructure eligible under this subsection ‘‘(h) ADDITIONAL CONSIDERATIONS.—In mak- ‘‘(k) SINGLE-OCCUPANCY VEHICLE HIGHWAY
along alternative fuel corridors to fill gaps in ing grants for projects under the Program, the FACILITIES.—None of the funds provided under
the national charging network, including in Secretary shall consider the extent to which— this section may be used for a project that will
rural areas. ‘‘(1) a project maximizes greenhouse gas re- result in the construction of new capacity avail-
‘‘(10) DEFINITION OF ALTERNATIVE FUEL COR- ductions in a cost-effective manner; able to single occupant vehicles unless the
RIDORS.—In this subsection, the term ‘alter- ‘‘(2) a project reduces dependence on single- project consists of a high-occupancy vehicle fa-
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native fuel corridors’ means a fuel corridor— occupant vehicle trips or provides additional cility and is consistent with section 166.
‘‘(A) designated under subsection (a); or transportation options; ‘‘(l) PUBLIC COMMENT.—Prior to issuing the
‘‘(B) equivalent to a fuel corridor described ‘‘(3) a project improves the connectivity and notice of funding opportunity for funding under
under such subsection that is designated, after accessibility of the surface transportation sys- this section for fiscal year 2023, the Secretary, in
consultation with any affected Indian Tribes or tem, particularly to low- and zero-emission consultation with the Administrator of the Envi-
Tribal organizations, by a State or group of forms of transportation, including public trans- ronmental Protection Agency, shall solicit pub-
States.’’. portation, walking, and bicycling; lic comment on the method of determining the
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3395
significant reduction in greenhouse gas emis- funds under section 5307 of such title from the cated under clauses (i) and (ii) of section
sions required under subsection (e). Federal Transit Administration; and 133(d)(1)(A) of title 23, United States Code, and
‘‘(m) CONSULTATION.—Prior to making an (G) any other criteria established by the Sec- distributed among the States in the proportion
award under this section in a given fiscal year, retary. that the relative shares of the population (as de-
the Secretary shall consult with the Adminis- (4) REQUIREMENTS.— termined by data collected by the Bureau of the
trator of the Environmental Protection Agency (A) CALL FOR NOMINATION.—Not later than Census) of the urbanized areas of each State
to determine which projects are expected to yield February 1, 2022, the Secretary shall publish in bears to the total populations of all urbanized
a significant reduction in greenhouse gas emis- the Federal Register a notice soliciting applica- areas across all States.
sions as required under subsection (e). tions for designation under this subsection. (3) PROJECT DELIVERY.—
‘‘(n) RURAL SET-ASIDE.— (B) GUIDANCE.—The notification under para- (A) IN GENERAL.—For 1 or more projects car-
‘‘(1) IN GENERAL.—The Secretary shall set graph (1) shall include guidance on the require- ried out with funds provided under this section,
aside not less than 10 percent of the amounts ments and responsibilities of a direct recipient the direct recipient may, consistent with the
made available to carry out this section for under this section, including implementing regu- agreement entered into with the Secretary under
projects located in rural areas. lations. this paragraph, assume the Federal-aid high-
‘‘(2) DEFINITION OF RURAL AREA.—In this sub- (C) DETERMINATION.—The Secretary shall way project approval and oversight responsibil-
section, the term ‘rural area’ means all areas of make all designations under this section for fis- ities vested in the State department of transpor-
a State or territory that are outside of an urban- cal year 2023 not later than June 1, 2022. tation under section 106 of title 23, United States
ized area with a population greater than 74,999 (5) TERM.—Except as provided in paragraph Code.
individuals, as determined by the Bureau of the (6), a designation under this subsection shall— (B) PARTNERSHIP.—The direct recipient may
Census.’’. (A) be for a period of not less than 5 years; partner with a State, unit of local government,
(b) CLERICAL AMENDMENT.—The analysis for and regional entity, or transit agency to carry out a
chapter 1 of title 23, United States Code, is (B) be renewable. project under this section.
amended by inserting after the item relating to (6) TERMINATION.— (C) PROCEDURAL, LEGAL, AND SUBSTANTIVE RE-
section 171 the following: (A) IN GENERAL.—The Secretary shall estab- QUIREMENTS.—A direct recipient entering into
lish procedures for the termination of a designa- an agreement with the Secretary under this sec-
‘‘172. Community climate innovation grants.’’.
tion under this subsection. tion shall assume responsibility for compliance
SEC. 1305. METRO PERFORMANCE PROGRAM. (B) CONSIDERATIONS.—In establishing proce- with all procedural and substantive require-
(a) ESTABLISHMENT.—The Secretary of Trans- dures under subparagraph (A), the Secretary ments as would apply if that responsibility were
portation shall establish a metro performance shall consider— carried out by a State, unless the direct recipi-
program in accordance with this section to en- (i) with respect to projects carried out under ent or the Secretary determines that such as-
hance local decision making and provide en- this section, compliance with the requirements sumption of responsibility for 1 or more of the
hanced local control in transportation project of title 23, United States Code, or chapter 53 of procedural and substantive requirements is not
delivery. title 49, United States Code; and appropriate.
(b) DIRECT RECIPIENT DESIGNATION.— (ii) the obligation rate of any funds— (D) WRITTEN AGREEMENT.—The Secretary and
(1) IN GENERAL.—The Secretary shall des- (I) made available under this section; and the direct recipient shall enter into an agree-
ignate high-performing metropolitan planning (II) in the case of a metropolitan planning or- ment in writing relating to the extent to which
organizations based on the criteria in paragraph ganization that represents a metropolitan plan- the direct recipient assumes the responsibilities
(3) to be direct recipients of funds under this ning area with an urbanized area population of of the Secretary under this paragraph. Such
section. greater than 200,000, made available under sec- agreement shall be developed in consultation
(2) AUTHORITY.—Nothing in this section shall tion 133(d)(1)(A)(i) of title 23, United States with the State.
be construed to prohibit a direct recipient from Code. (E) USE OF FUNDS.—The direct recipient may
taking any action otherwise authorized to se- (c) USE OF FUNDS.— use amounts made available under this section
cure and expend Federal funds authorized (1) ELIGIBLE PROJECTS.—Funds made avail- for costs incurred in implementing this para-
under chapter 1 of title 23, United States Code. able under this section may be obligated for the graph and to compensate a State, unit of local
(3) CRITERIA.—In designating an applicant purposes described in section 133(b) of title 23, government, or transit agency for costs incurred
under this subsection, the Secretary shall con- United States Code. in providing assistance under this paragraph.
sider— (2) ADMINISTRATIVE EXPENSES AND TECHNICAL (F) LIMITATIONS.—The direct recipient may
(A) the legal, financial, and technical capac- ASSISTANCE.—Of the amounts made available not assume responsibilities described in subpara-
ity of the applicant; under this section, the Secretary may set aside graph (A) for any project that the Secretary de-
(B) the level of coordination between the ap- not more than $5,000,000 in each of fiscal years termines to be in a high-risk category, including
plicant and— 2023 through 2026 for program management, projects on the National Highway System.
(i) the State department of transportation of oversight, and technical assistance to direct re- (e) EXPENDITURE OF FUNDS.—
the State or States in which the metropolitan cipients. (1) CONSISTENCY WITH METROPOLITAN PLAN-
planning area represented by the applicant is (d) RESPONSIBILITIES OF DIRECT RECIPIENTS.— NING.—Except as otherwise provided in this sec-
located; (1) DIRECT AVAILABILITY OF FUNDS.—Notwith- tion, programming and expenditure of funds for
(ii) local governments and providers of public standing title 23, United States Code, the projects under this section shall be consistent
transportation within the metropolitan planning amounts made available under this section shall with the requirements of section 134 of title 23,
area represented by the applicant; and be allocated to each direct recipient for obliga- United States Code, and section 5303 of title 49,
(iii) if more than one metropolitan planning tion. United States Code.
organization is designated within an urbanized (2) DISTRIBUTION OF AMOUNTS AMONG DIRECT (2) SELECTION OF PROJECTS.—
area represented by the applicant, any other RECIPIENTS.— (A) IN GENERAL.—Notwithstanding sub-
such metropolitan planning organization; (A) IN GENERAL.—Subject to subparagraph sections (j)(5) and (k)(4) of section 134 of title 23,
(C) in the case of an applicant that represents (B), on the first day of the fiscal year for which United States Code, or subsections (j)(5) and
an urbanized area population of greater than funds are made available under this section, the (k)(4) of section 5303 of title 49, United States
200,000, the effectiveness of project delivery and Secretary shall allocate such funds to each di- Code, a direct recipient shall select, from the ap-
timely obligation of funds made available under rect recipient as the proportion of the popu- proved transportation improvement program
section 133(d)(1)(A)(i) of title 23, United States lation (as determined by data collected by the under such sections, all projects to be funded
Code; Bureau of the Census) of the urbanized area under this section, including projects on the Na-
(D) if the applicant or a local government represented by any 1 direct recipient bears to tional Highway System.
within the metropolitan planning area that the the total population of all of urbanized areas (B) ELIGIBLE PROJECTS.—The project selection
applicant represents has been the recipient of a represented by all direct recipients. process described in this subsection shall apply
discretionary grant from the Secretary within (B) MINIMUM AND MAXIMUM AMOUNTS.—Of to all federally funded projects within the
the preceding 5 years, the administration of funds allocated to direct recipients under sub- boundaries of a metropolitan planning area
such grant; paragraph (A), each direct recipient shall re- served by a direct recipient that are carried out
(E) the extent to which the planning and deci- ceive not less than $10,000,000 and not more under this section.
sion making process of the applicant, including than $50,000,000 each fiscal year. (C) CONSULTATION REQUIRED.—In selecting a
the long-range transportation plan and the ap- (C) MINIMUM GUARANTEED AMOUNT.—In mak- project under this subsection, the metropolitan
proved transportation improvement program ing a determination whether to designate a met- planning organization shall consult with—
under section 134 of such title, support— ropolitan planning organization as a direct re- (i) in the case of a highway project, the State
(i) the performance goals established under cipient under subsection (b), the Secretary shall and locality in which such project is located;
section 150(b) of such title; and ensure that each direct recipient receives the and
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(ii) the achievement of metropolitan or state- minimum required allocation under subpara- (ii) in the case of a transit project, any af-
wide performance targets established under sec- graph (B). fected public transportation operator.
tion 150(d) of such title; (D) ADDITIONAL AMOUNTS.—If any amounts (3) RULE OF CONSTRUCTION.—Nothing in this
(F) whether the applicant is a designated re- remain undistributed after the distribution de- section shall be construed to limit the ability of
cipient of funds as described under subpara- scribed in this subsection, such remaining a direct recipient to partner with a State depart-
graphs (A) and (B) of section 5302(4) of title 49, amounts and an associated amount of obligation ment of transportation or other recipient of Fed-
United States Code, or a direct recipient of limitation shall be made available as if suballo- eral funds under title 23, United States Code, or
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H3396 CONGRESSIONAL RECORD — HOUSE June 30, 2021
chapter 53 of title 49, United States Code, to the Secretary an application in such form, at section may be used to satisfy the non-Federal
carry out a project. such time, and containing such information as share of the cost of such project, except that the
(f) TREATMENT OF FUNDS.— the Secretary determines appropriate. total Federal assistance provided for a project
(1) IN GENERAL.—Except as provided in this (c) ELIGIBILITY.— receiving a grant under this section may not ex-
section, funds made available to carry out this (1) ELIGIBLE APPLICANTS.—The Secretary may ceed 80 percent of the total project cost.
section shall be administered as if apportioned make grants under this section to an applicant (g) USE OF FUNDS.—Funds made available for
under chapter 1 of title 23, United States Code. that serves an eligible area and that is— a project under this section may be used for—
(2) FEDERAL SHARE.—The Federal share of the (A) a metropolitan planning organization; (1) development phase activities, including
cost of a project carried out under this section (B) a unit of local government or a group of planning, feasibility analysis, revenue fore-
shall be determined in accordance with section local governments; casting, environmental review, preliminary engi-
120 of title 23, United States Code. (C) a multijurisdictional group of entities de- neering and design work, and other
(g) REPORT.— scribed in subparagraphs (A) and (B); preconstruction activities; and
(1) DIRECT RECIPIENT REPORT.—Not later than (D) a special purpose district or public author- (2) construction, reconstruction, rehabilita-
60 days after the end of each fiscal year, each ity with a transportation function, including a tion, acquisition of real property (including
direct recipient shall submit to the Secretary a port authority; or land related to the project and improvements to
report that includes— (E) a State that is in partnership with an en- the land), environmental mitigation, construc-
(A) a list of projects funded with amounts pro- tity or group of entities described in subpara- tion contingencies, acquisition of equipment,
vided under this section; graph (A), (B), or (C). and operational improvements.
(B) a description of any obstacles to complete (2) ELIGIBLE AREA.—An eligible area for an el- (h) FUNDING.—
projects or timely obligation of funds; and igible entity under paragraph (1) shall be— (1) GRANT AMOUNT.—A grant under this sec-
(C) recommendations to improve the effective- (A) a combined statistical area, as defined by tion shall be in an amount not less than
ness of the program under this section. the Office of Management and Budget, with a $10,000,000 and not more than $50,000,000.
(2) REPORT TO CONGRESS.—Not later than Oc- population of not less than 1,300,000; or (2) AVAILABILITY.—Funds made available
tober 1, 2024, the Secretary shall submit to the (B) a metropolitan statistical area that is not under this program shall be available until ex-
Committee on Environment and Public Works of part of a combined statistical area, as defined pended.
the Senate and the Committee on Transpor- by the Office of Management and Budget, that (i) FREIGHT PROJECT SET-ASIDE.—
tation and Infrastructure of the House of Rep- has a population of not less than 750,000. (1) IN GENERAL.—The Secretary shall set aside
resentatives a report that— (d) ELIGIBLE PROJECTS.—The Secretary may not less than 50 percent of the funds made
(A) summarizes the findings of each direct re- award grants under this section to applicants available to carry out this section for grants for
cipient provided under paragraph (1); that submit a comprehensive program of surface freight projects under this subsection.
(B) describes the efforts undertaken by both transportation-related projects to reduce traffic (2) ELIGIBLE USES.—The Secretary shall pro-
direct recipients and the Secretary to ensure congestion and related adverse impacts, includ- vide funds set aside under this subsection to ap-
compliance with the requirements of title 23 and ing a project for one or more of the following: plicants that submit a comprehensive program of
chapter 53 of title 49, United States Code; (1) Transportation systems management and surface transportation-related projects to reduce
(C) analyzes the capacity of direct recipients operations, including strategies to improve the freight-related traffic congestion and related ad-
to receive direct allocations of funds under operations of high-occupancy vehicle lanes. verse impacts, including—
chapter 1 of title 23, United States Code; and (2) Intelligent transportation systems to im- (A) freight intelligent transportation systems;
(D) provides recommendations from the Sec- prove connectivity and innovation. (B) real-time freight parking information;
retary to— (3) Real-time traveler information. (C) real-time freight routing information;
(i) improve the administration, oversight, and (4) Traffic incident management. (D) freight transportation and delivery safety
performance of the program established under (5) Active traffic management. projects;
this section; (6) Traffic signal timing. (E) first-mile and last-mile delivery solutions;
(ii) improve the effectiveness of direct recipi- (7) Multimodal travel payment systems. (F) shifting freight delivery to off-peak travel
ents to complete projects and obligate funds in (8) Transportation demand management, in- times;
a timely manner; and cluding employer-based commuting programs (G) reducing greenhouse gas emissions and air
(iii) evaluate options to expand the authority such as carpool, vanpool, transit benefit, park- pollution from freight transportation and deliv-
provided under this section, including to allow ing cashout, shuttle, or telework programs. ery, including through the use of innovative ve-
for the direct allocation to metropolitan plan- (9) A project to provide transportation options hicles that produce fewer greenhouse gas emis-
ning organizations of funds made available to to reduce traffic congestion, including— sions;
carry out clause (i) or (ii) of section 133(d)(1)(A) (A) a project under chapter 53 of title 49, (H) use of centralized delivery locations;
of title 23, United States Code. United States Code, including value capture (I) designated freight vehicle parking and
(3) UPDATE.—Not less frequently than every 2 and transit-oriented development projects; staging areas;
years, the Secretary shall update the report de- (B) a bicycle or pedestrian project, including (J) curb space management; and
scribed in paragraph (2). a project to provide safe and connected active (K) other projects, as determined appropriate
(h) DEFINITIONS.— transportation networks; and by the Secretary.
(1) DIRECT RECIPIENT.—In this section, the (C) a surface transportation project carried (3) AWARD PRIORITIZATION.—
term ‘‘direct recipient’’ means a metropolitan out in accordance with the national travel and (A) IN GENERAL.—In providing funds set aside
planning organization designated by the Sec- tourism infrastructure strategic plan under sec- under this section, the Secretary shall prioritize
retary as high-performing under subsection (b) tion 1431(e) of the FAST Act (49 U.S.C. 301 applicants serving urbanized areas, as described
and that was directly allocated funds as de- note). in subsection (c), that are experiencing a high
scribed in subsection (d). (10) Any other project, as determined appro- degree of recurrent congestion due to freight
(2) METROPOLITAN PLANNING AREA.—The term priate by the Secretary utilizing eligible projects. transportation, as determined by the Secretary.
‘‘metropolitan planning area’’ has the meaning (e) AWARD PRIORITIZATION.— (B) ADDITIONAL CONSIDERATIONS.—In pro-
given such term in section 134 of title 23, United (1) IN GENERAL.—In selecting grants under viding funds set aside under this subsection, the
States Code. this section, the Secretary shall prioritize appli- Secretary shall consider the extent to which the
(3) METROPOLITAN PLANNING ORGANIZATION.— cants serving urbanized areas, as described in proposed project—
The term ‘‘metropolitan planning organization’’ subsection (c), that are experiencing a high de- (i) reduces freight-related traffic congestion
has the meaning given such term in section 134 gree of recurrent transportation congestion, as and improves the reliability of the freight trans-
of title 23, United States Code. determined by the Secretary. portation system;
(4) NATIONAL HIGHWAY SYSTEM.—The term (2) ADDITIONAL CONSIDERATIONS.—In selecting (ii) mitigates the adverse impacts of freight-re-
‘‘National Highway System’’ has the meaning grants under this section, the Secretary shall lated traffic congestion on the surface transpor-
given such term in section 101 of title 23, United also consider the extent to which the project tation system, including safety and environ-
States Code. would— mental impacts;
(5) STATE.—The term ‘‘State’’ has the meaning (A) reduce traffic congestion and improve the (iii) maximizes the use of existing capacity;
given such term in section 101 of title 23, United reliability of the surface transportation system; (iv) employs innovative, integrated, and
States Code. (B) mitigate the adverse impacts of traffic con- multimodal solutions to the items described in
(6) URBANIZED AREA.—The term ‘‘urbanized gestion on the surface transportation system, in- clauses (i) through (iii);
area’’ has the meaning given such term in sec- cluding safety and environmental impacts; (v) leverages Federal funds with non-Federal
tion 134 of title 23, United States Code. (C) maximize the use of existing capacity; and contributions; and
SEC. 1306. GRIDLOCK REDUCTION GRANT PRO- (D) employ innovative, integrated, and (vi) integrates regional multimodal transpor-
GRAM. multimodal solutions to the items described in tation management and operational projects
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(a) ESTABLISHMENT.—The Secretary of Trans- subparagraphs (A), (B), and (C). that address both passenger and freight conges-
portation shall establish a gridlock reduction (f) FEDERAL SHARE.— tion.
program to make grants, on a competitive basis, (1) IN GENERAL.—The Federal share of the cost (4) FLEXIBILITY.—If the Secretary determines
for projects to reduce, and mitigate the adverse of a project carried out under this section may that there are insufficient qualified applicants
impacts of, traffic congestion. not exceed 60 percent. to use the funds set aside under this subsection,
(b) APPLICATIONS.—To be eligible for a grant (2) MAXIMUM FEDERAL SHARE.—Federal assist- the Secretary may use such funds for grants for
under this section, an applicant shall submit to ance other than a grant for a project under this any projects eligible under this section.
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3397
(j) REPORT.— (ii) seek to maximize domestic jobs. (B) is in the area of the United States within
(1) RECIPIENT REPORT.—The Secretary shall (m) TREATMENT OF FUNDS.—Except as pro- 150 miles of the border between the United
ensure that not later than 2 years after the Sec- vided in subsection (l), funds authorized for the States and Mexico, except that the term does not
retary awards grants under this section, the re- purposes described in this section shall be avail- include any standard metropolitan statistical
cipient of each such grant submits to the Sec- able for obligation in the same manner as if the area that has a population exceeding 1,000,000;
retary a report that contains— funds were apportioned under chapter 1 of title (C) is determined to be a colonia on the basis
(A) information on each activity or project 23, United States Code. of objective criteria, including lack of potable
that received funding under this section; SEC. 1307. REBUILD RURAL BRIDGES PROGRAM. water supply, lack of adequate sewage systems,
(B) a summary of any non-Federal resources (a) ESTABLISHMENT.—The Secretary of Trans- and lack of decent, safe, and sanitary housing;
leveraged by a grant under this section; portation shall establish a rebuild rural bridges and
(C) any statistics, measurements, or quan- program to improve the safety and state of good (D) was in existence as a colonia before No-
titative assessments that demonstrate the con- repair of bridges in rural communities. vember 28, 1990.
gestion reduction, reliability, safety, and envi- (b) GRANT AUTHORITY.—In carrying out the (i) NOTIFICATION.—Not later than 3 business
ronmental benefits achieved through activities program established in subsection (a), the Sec- days before awarding a grant under this sec-
or projects that received funding under this sec- retary shall make grants, on a competitive basis, tion, the Secretary shall notify the Committee
tion; and to eligible applicants in accordance with this on Transportation and Infrastructure of the
(D) any additional information required by section. House of Representatives and the Committee on
the Secretary. (c) APPLICATIONS.—To be eligible for a grant Environment and Public Works of the Senate of
(2) REPORT TO CONGRESS.—Not later than 9 under this section, an eligible entity shall sub- the intention to award such a grant.
months after the date specified in paragraph (1), mit to the Secretary an application in such (j) DEFINITIONS.—In this section:
the Secretary shall submit to the Committee on form, at such time, and containing such infor- (1) ELIGIBLE APPLICANT.—The term ‘‘eligible
Transportation and Infrastructure of the House mation as the Secretary determines appropriate. applicant’’ means—
of Representatives and the Committee on Envi- (d) ELIGIBLE PROJECTS.—The Secretary— (A) a State;
ronment and Public Works, the Committee on (1) shall provide grants under this section to (B) a metropolitan planning organization or a
Commerce, Science, and Transportation, and projects eligible under title 23, United States regional transportation planning organization;
the Committee on Banking, Housing, and Urban Code, including projects on and off of the Fed- (C) a unit of local government;
Affairs of the Senate, and make publicly avail- eral-aid highway system, to inspect, replace, re- (D) a Federal land management agency;
able on a website, a report detailing— habilitate, or preserve— (E) an Indian Tribe or Tribal organization;
(A) a summary of any information provided (A) an off-system bridge; (F) a territory; and
under paragraph (1); and (B) a bridge on Tribal land; or (G) a multijurisdictional group of entities de-
(B) recommendations and best practices to— (C) a bridge in poor condition located in a scribed in subparagraph (A) through (F).
(i) reduce traffic congestion, including freight- rural community; and (2) OFF SYSTEM BRIDGE.—The term ‘‘off-sys-
related traffic congestion, and improve the reli- (2) may provide a grant for a bundle of tem bridge’’ has the meaning given such term in
ability of the surface transportation system; bridges described in paragraph (1). section 133(f) of title 23, United States Code, (as
(ii) mitigate the adverse impacts of traffic con- (e) ELIGIBLE PROJECT COSTS.—A recipient of a added by this Act).
gestion, including freight-related traffic conges- grant under this section may use such grant (3) RURAL COMMUNITY.—The term ‘‘rural com-
tion, on the surface transportation system, in- for— munity’’ means an area that is not an urbanized
cluding safety and environmental impacts; and (1) development phase activities, including area, as such term is defined in section 101(a) of
(iii) employ innovative, integrated, and planning, feasibility analysis, revenue fore- title 23, United States Code.
multimodal solutions to the items described in casting, environmental review, preliminary engi- SEC. 1308. PARKING FOR COMMERCIAL MOTOR
clauses (i) and (ii). neering and design work, and other VEHICLES.
(k) NOTIFICATION.—Not later than 3 business preconstruction activities; (a) ESTABLISHMENT.—The Secretary of Trans-
days before awarding a grant under this sec- (2) construction, reconstruction, rehabilita- portation shall establish a program under which
tion, the Secretary shall notify the Committee tion, acquisition of real property (including the Secretary shall make grants, on a competi-
on Transportation and Infrastructure of the land related to the project and improvements to tive basis, to eligible entities to address the
House of Representatives and the Committee on the land), environmental mitigation, and con- shortage of parking for commercial motor vehi-
Environment and Public Works, the Committee struction contingencies; and cles to improve the safety of commercial motor
on Commerce, Science, and Transportation, and (3) bridge inspection, evaluation, and preser- vehicle operators.
the Committee on Banking, Housing, and Urban vation. (b) APPLICATIONS.—To be eligible for a grant
Affairs of the Senate of the intention to award (f) FEDERAL SHARE.— under this section, an eligible entity shall sub-
such a grant. (1) IN GENERAL.—The Federal share of the cost mit to the Secretary an application in such
(l) TREATMENT OF PROJECTS.— of a project carried out using a grant under this form, at such time, and containing such infor-
(1) FEDERAL REQUIREMENTS.—The Secretary section may not exceed 80 percent of the total mation as the Secretary may require.
shall, with respect to a project funded by a cost of such project. (c) ELIGIBLE PROJECTS.—Projects eligible
grant under this section, apply— (2) MAXIMUM FEDERAL ASSISTANCE.—Federal under this section are projects that—
(A) the requirements of title 23, United States assistance other than a grant under this section (1) construct safety rest areas that include
Code, to a highway project; may be used to satisfy up to 100 percent of the parking for commercial motor vehicles;
(B) the requirements of chapter 53 of title 49, total cost of such project. (2) construct commercial motor vehicle park-
United States Code, to a public transportation (g) CONSIDERATIONS.—In making grants under ing facilities—
project; and this section, the Secretary shall consider— (A) adjacent to private commercial truckstops
(C) the requirements of section 22905 of title (1) whether the project can be completed with- and travel plazas;
49, United States Code, to a passenger rail or out additional Federal funding or financial as- (B) within the boundaries of, or adjacent to,
freight rail project. sistance available to the project sponsor, beyond a publicly owned freight facility, including a
(2) MULTIMODAL PROJECTS.— existing Federal apportionments; and port terminal operated by a public authority;
(A) IN GENERAL.—Except as otherwise pro- (2) the level of benefits the project is expected and
vided in this paragraph, if an eligible project is to generate, including— (C) at existing facilities, including inspection
a multimodal project, the Secretary shall— (A) the costs avoided by the prevention of clo- and weigh stations and park-and-ride locations;
(i) determine the predominant modal compo- sure or reduced use of the asset to be improved (3) open existing weigh stations, safety rest
nent of the project; and by the project; areas, and park-and-ride facilities to commercial
(ii) apply the applicable requirements of such (B) reductions in maintenance costs over the motor vehicle parking;
predominant modal component to the project. life of the asset; (4) facilitate access to publicly and privately
(B) EXCEPTIONS.— (C) safety benefits, including the reduction of provided commercial motor vehicle parking,
(i) PASSENGER OR FREIGHT RAIL COMPONENT.— accidents and related costs; and such as through the use of intelligent transpor-
For any passenger or freight rail component of (D) benefits to the economy of the rural or tation systems;
a project, the requirements of section 22907(j)(2) Tribal community. (5) construct turnouts along a Federal-aid
of title 49, United States Code, shall apply. (h) INVESTMENTS IN COLONIAS.— highway for commercial motor vehicles;
(ii) PUBLIC TRANSPORTATION COMPONENT.— (1) IN GENERAL.—Of the grants made available (6) make capital improvements to public com-
For any public transportation component of a under this section, for fiscal years 2023 through mercial motor vehicle parking facilities that are
project, the requirements of section 5333 of title 2026, a total of not less than $10,000,000 shall be closed on a seasonal basis to allow the facilities
49, United States Code, shall apply. made available to provide grants that improve to remain open year-round;
(C) BUY AMERICA.—In applying the Buy the safety, state of good repair, or connectivity (7) open existing commercial motor vehicle
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America requirements under section 313 of title through bridge investments in and providing ac- chain-up areas that are closed on a seasonal
23, United States Code, and sections 5320, cess to, colonias. basis to allow the facilities to remain open year-
22905(a), and 24305(f) of title 49, United States (2) COLONIA DEFINED.—In this section, the round for commercial motor vehicle parking;
Code, to a multimodal project under this para- term ‘‘colonia’’ means any identifiable commu- (8) address commercial motor vehicle parking
graph, the Secretary shall— nity that— and layover needs in emergencies that strain the
(i) consider the various modal components of (A) is in the State of Arizona, California, New capacity of existing publicly and privately pro-
the project; and Mexico, or Texas; vided commercial motor vehicle parking; and
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H3398 CONGRESSIONAL RECORD — HOUSE June 30, 2021
(9) make improvements to existing commercial (3) CONSULTATION.—The Secretary shall pre- (2) PLANNING GRANTS.—Of the amounts made
motor vehicle parking facilities, including ad- pare the report required under paragraph (2) in available to carry out this section for fiscal
vanced truckstop electrification systems. consultation with— years 2023 through 2026, the Secretary may use
(d) USE OF FUNDS.— (A) relevant State motor carrier safety per- not more than 10 percent to provide planning
(1) IN GENERAL.—An eligible entity may use a sonnel; grants to eligible applicants for activities under
grant under this section for— (B) motor carriers and commercial motor vehi- subsection (e)(1)(C).
(A) development phase activities, including cle operators; and (g) CONSIDERATIONS.—In making grants under
planning, feasibility analysis, benefit-cost anal- (C) private providers of commercial motor ve- this section, the Secretary shall consider the ex-
ysis, environmental review, preliminary engi- hicle parking. tent to which—
neering and design work, and other (k) DEFINITIONS.—In this section: (1) a project is likely to provide substantial
preconstruction activities necessary to advance (1) COMMERCIAL MOTOR VEHICLE.—The term additional opportunities for active transpor-
a project described in subsection (c); and ‘‘commercial motor vehicle’’ has the meaning tation, including walking and bicycling, includ-
(B) construction and operational improve- given such term in section 31132 of title 49, ing through the creation of—
ments, as such terms are defined in section 101 United States Code. (A) active transportation networks connecting
of title 23, United States Code. (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti- destinations within or between communities, in-
(2) PRIVATE SECTOR PARTICIPATION.—An eligi- ty’’ means— cluding between schools, workplaces, residences,
ble entity that receives a grant under this sec- (A) a State; businesses, recreation areas, and other commu-
tion may partner with a private entity to carry (B) a metropolitan planning organization; nity areas; and
out an eligible project under this section. (C) a unit of local government; (B) active transportation connectors con-
(3) LIMITATION.—Not more than 10 percent of (D) a political subdivision of a State or local necting 2 or more communities, metropolitan
the amounts made available to carry out this government carrying out responsibilities relating areas, or States, including greenway paths;
(2) an applicant has adequately considered or
section may be used to promote the availability to commercial motor vehicle parking; and
(E) a multistate or multijurisdictional group of will consider, including through the opportunity
of existing commercial motor vehicle parking.
for public comment, the environmental justice
(e) SELECTION CRITERIA.—In making grants entities described in subparagraphs (A) through
and equity impacts of the project;
under this section, the Secretary shall con- (D).
(3) the project would improve safety for vul-
sider— (3) SAFETY REST AREA.—The term ‘‘safety rest
nerable road users, including through the use of
(1) in the case of construction of new commer- area’’ has the meaning given such term in sec-
complete street design policies or a safe system
cial motor vehicle parking capacity, the short- tion 120(c) of title 23, United States Code. approach; and
age of public and private commercial motor ve- SEC. 1309. ACTIVE CONNECTED TRANSPOR- (4) a project integrates active transportation
hicle parking near the project; and TATION GRANT PROGRAM. facilities with public transportation services,
(2) the extent to which each project— (a) ESTABLISHMENT.—The Secretary of Trans- where available, to improve access to public
(A) would increase commercial motor vehicle portation shall establish an active connected transportation.
parking capacity or utilization; transportation grant program to provide for safe (h) LIMITATION.—
(B) would facilitate the efficient movement of and connected active transportation networks (1) IN GENERAL.—The share of the cost of a
freight; and active transportation connectors. project assisted with a grant under this section
(C) would improve safety, traffic congestion, (b) GRANT AUTHORITY.—In carrying out the may not exceed 80 percent.
and air quality; program established in subsection (a), the Sec- (2) MAXIMUM FEDERAL ASSISTANCE.—Federal
(D) is cost effective; and retary shall make grants, on a competitive basis, assistance other than a grant under this section
(E) reflects consultation with motor carriers, in accordance with this section. may be used to satisfy up to 100 percent of the
commercial motor vehicle operators, and private (c) ELIGIBLE APPLICANTS.—The Secretary may total project cost.
providers of commercial motor vehicle parking. make a grant under this section to— (i) ELIGIBLE PROJECT COSTS.—Amounts made
(f) NOTIFICATION OF CONGRESS.—Not later (1) a State; available for a project under this section may be
than 3 business days before announcing a (2) a metropolitan planning organization; used for—
project selected to receive a grant under this sec- (3) a regional transportation authority; (1) development phase activities, including
tion, the Secretary of Transportation shall no- (4) a unit of local government, including a planning, feasibility analysis, revenue fore-
tify the Committee on Transportation and Infra- county or multi-county special district; casting, environmental review, preliminary engi-
structure of the House of Representatives and (5) a Federal land management agency; neering and design work, and other
the Committee on Environment and Public (6) a natural resource or public land agency; preconstruction activities; and
Works of the Senate of the intention to award (7) an Indian Tribe or Tribal organization; (2) construction, reconstruction, rehabilita-
such a grant. (8) any local or regional governmental entity tion, acquisition of real property (including
(g) FEDERAL SHARE.—The Federal share of the with responsibility for or oversight of transpor- land related to the project and improvements to
cost of a project under this section shall be de- tation or recreational trails; and the land), environmental mitigation, construc-
termined in accordance with subsections (b) and (9) a multistate or multijurisdictional group of tion contingencies, acquisition of equipment,
(c) of section 120 of title 23, United States Code. entities described in this subsection. and operational improvements.
(h) PROHIBITION ON CHARGING FEES.—To be (d) APPLICATIONS.—To be eligible for a grant (j) NOTIFICATION.—Not later than 3 business
eligible for a grant under this section, an eligi- under this section, an entity specified under days before awarding a grant under this sec-
ble entity shall certify that no fees will be subsection (c) shall submit to the Secretary an tion, the Secretary of Transportation shall no-
charged for the use of a project assisted with application in such form, at such time, and con- tify the Committee on Transportation and Infra-
structure of the House of Representatives and
such grant. taining such information as the Secretary deter-
(i) AMENDMENT MAP–21.—Section the Committee on Environment and Public
TO mines appropriate.
Works of the Senate of the intention to award
1401(c)(1) of MAP–21 (23 U.S.C. 137 note) is (e) ELIGIBLE PROJECTS.—The Secretary shall
such a grant.
amended— provide grants under this section to projects
(k) DEFINITIONS.—In this section:
(1) by inserting ‘‘and private providers of com- that improve the connectivity and the use of ac- (1) ACTIVE TRANSPORTATION NETWORK.—The
mercial motor vehicle parking’’ after ‘‘per- tive transportation facilities— term ‘‘active transportation network’’ means fa-
sonnel’’; and (1) including— cilities built for alternative methods of transpor-
(2) in subparagraph (A) by striking ‘‘the capa- (A) active transportation networks; tation to motor vehicles for individuals, includ-
bility of the State to provide’’ and inserting ‘‘the (B) active transportation connectors; and ing sidewalks, bikeways, and pedestrian and bi-
availability of’’. (C) planning related to the development of— cycle trails, that connect destinations within an
(j) SURVEY; COMPARATIVE ASSESSMENT; RE- (i) active transportation networks; area covered by a unit of local government, a
PORT.— (ii) active transportation connectors; and county, a community, including a community on
(1) UPDATE.—Not later than 2 years after the (iii) vision zero plans or complete streets Federal lands, or a metropolitan area.
date of enactment of this Act, the Secretary prioritization plans under section 1601; and (2) ACTIVE TRANSPORTATION CONNECTOR.—The
shall update the survey of each State required (2) that have— term ‘‘active transportation connector’’ means
under section 1401(c)(1) of the MAP–21 (23 (A) total project costs of not less than facilities built for alternative methods of trans-
U.S.C. 137 note). $15,000,000; or portation to motor vehicles for individuals, in-
(2) REPORT.—Not later than 1 year after the (B) in the case of planning grants under sub- cluding sidewalks, bikeways, and pedestrian
deadline under paragraph (1), the Secretary section (f)(2), a total cost of not less than and bicycle trails, that connect 2 or more active
shall publish on the website of the Department $100,000. transportation networks or connect commu-
of Transportation a report that— (f) USE OF FUNDS.— nities, areas covered by a unit of local govern-
(A) evaluates the availability of adequate (1) IN GENERAL.—Of the amounts made avail- ment, counties, metropolitan areas, Federal
parking and rest facilities for commercial motor able to carry out this section for fiscal years lands, or States.
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vehicles engaged in interstate transportation; 2023 through 2026 and except as provided in (3) GREENWAY PATH.—The term ‘‘greenway
(B) evaluates the effectiveness of the projects paragraph (2), the Secretary shall obligate— path’’ means an active transportation connector
funded under this section in improving access to (A) not less than 30 percent to eligible projects that—
commercial motor vehicle parking; and that construct active transportation networks; (A) crosses jurisdictional boundaries, includ-
(C) reports on the progress being made to pro- and ing State lines, and provides for connectivity be-
vide adequate commercial motor vehicle parking (B) not less than 30 percent to eligible projects tween multiple communities, counties, metro-
facilities in the State. that construct active transportation connectors. politan areas, or States; or
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3399
(B) is a component of a regionally or nation- (e) ELIGIBLE PROJECT COSTS.—Grant amounts (1) PROTECTIVE FEATURES.—The term ‘‘protec-
ally significant network. for a project under this section may be used tive features’’ has the meaning given such term
(4) SAFE SYSTEM APPROACH.—The term ‘‘safe for— in section 101 of title 23, United States Code.
system approach’’ has the meaning given such (1) development phase activities, including (2) RESILIENCE.—The term ‘‘resilience’’ has
term in section 148(a) of title 23, United States planning, feasibility analysis, revenue fore- the meaning given that term in section 101 of
Code. casting, environmental review, preliminary engi- title 23, United States Code.
(5) VULNERABLE ROAD USER.—The term ‘‘vul- neering and design work, and other (3) RURAL COMMUNITY.—The term ‘‘rural com-
nerable road user’’ has the meaning given such preconstruction activities; munity’’ means any area of a State or territory
term in section 148(a) of title 23, United States (2) construction (including construction of that is not an urbanized area, as such term is
Code. protective features), reconstruction, rehabilita- defined in section 101 of title 23, United States
SEC. 1310. WILDLIFE CROSSINGS PROGRAM. tion, acquisition of real property (including Code.
land related to the project and improvements to (4) SECRETARY.—The term ‘‘Secretary’’ has
(a) ESTABLISHMENT.—The Secretary shall es-
the land), environmental mitigation, construc- the meaning given such term in section 101 of
tablish a competitive wildlife crossings grant
tion contingencies, acquisition of equipment, title 23, United States Code.
program (referred to in this section as the ‘‘pro- (5) STATE.—The term ‘‘State’’ has the meaning
gram’’) to provide grants for projects that seek and operational improvements; and
(3) planning and technical assistance activi- given such term in section 101 of title 23, United
to achieve— States Code.
(1) a reduction in the number of wildlife-vehi- ties consistent with section 5107 of title 49,
United States Code, including— SEC. 1311.
RECONNECTING NEIGHBORHOODS
cle collisions; and PROGRAM.
(2) improved habitat connectivity for terres- (A) data collection on wildlife-vehicle colli-
sions; (a) ESTABLISHMENT.—The Secretary of Trans-
trial and aquatic species. portation shall establish a reconnecting neigh-
(b) ELIGIBLE ENTITIES.—The Secretary may (B) integration of State, Tribal, territorial, re-
gional, or Federal wildlife conservation plans borhoods program under which an eligible enti-
make grants under the program to the following ty may apply for funding in order to identify,
entities: and data collection with transportation plan-
ning and project selection; remove, replace, retrofit, or remediate the effects
(1) A State. from eligible facilities and restore or improve
(2) An Indian Tribe or Tribal organization. (C) technical assistance, including workforce
development training, on reducing wildlife-vehi- connectivity, mobility, and access in disadvan-
(3) A territory. taged and underserved communities, including—
(4) A Federal land management agency de- cle collisions and improving habitat connectivity
for terrestrial and aquatic species; and (1) studying the feasibility and impacts of re-
scribed in section 203(b) of title 23, United States moving, retrofitting, or remediating the effects
(D) education and public outreach to reduce
Code. on community connectivity from an existing eli-
wildlife-vehicle collisions.
(5) A group of entities described in paragraphs gible facility;
(f) PARTNERSHIPS.—
(1) through (4). (2) conducting preliminary engineering and
(1) IN GENERAL.—A grant received under the
(c) APPLICATIONS.—To be eligible to receive a final design activities for a project to remove,
program may be used to provide funds to an eli-
grant under the program, an eligible entity shall retrofit, or remediate the effects on community
gible partner as a subrecipient, in accordance
submit to the Secretary an application at such connectivity from an existing eligible facility;
with the terms of the project agreement and sub-
time, in such manner, and containing such in- (3) conducting construction activities nec-
ject to the requirements of this section.
formation as the Secretary may require. essary to carry out a project to remove, retrofit,
(2) ELIGIBLE PARTNER DEFINED.—In this sec-
(d) CONSIDERATIONS.—In selecting grant re- or remediate the effects on community
tion, the term ‘‘eligible partner’’ means—
cipients under the program, the Secretary shall connectivity from an existing eligible facility;
(A) an eligible entity described in subsection
consider the following: and
(b); (4) ensuring any activities carried out under
(1) PRIMARY CRITERIA.—The extent to which (B) a metropolitan planning organization;
the proposed project is likely to protect motorists this section—
(C) a unit of local government; (A) focus on improvements that will benefit
and wildlife by reducing the number of wildlife- (D) a regional transportation authority;
vehicle collisions and improve habitat the populations impacted by or previously dis-
(E) a special purpose district or public author- placed by the eligible facility; and
connectivity for terrestrial and aquatic species. ity with a transportation function, including a
(2) SECONDARY CRITERIA.— (B) emphasize equity by garnering community
port authority; engagement, avoiding future displacement, and
(A) The resilience benefits of the project. (F) a non-profit entity or institution of higher
(B) The extent to which the project incor- ensuring local participation in the planning
education; or process.
porates climate science, including expected (G) a Federal, Tribal, regional, State, or local
changes in migration patterns. (b) ELIGIBLE ENTITIES.—
governmental entity not described in subsection (1) IN GENERAL.—The Secretary may award a
(C) The extent to which the project sponsor (b). planning grant or a capital construction grant
has coordinated with the relevant State agency (g) REQUIREMENTS.— to—
with jurisdiction over fish and wildlife, if appro- (1) RURAL PROJECTS.—The Secretary shall re- (A) a State;
priate. serve not less than 50 percent of the amounts (B) a unit of local government;
(D) In the case of a project involving species made available under this section for projects lo- (C) an Indian Tribe or Tribal organization;
listed as threatened species or endangered spe- cated in a rural community. (D) a territory;
cies under the Endangered Species Act of 1973 (2) RESILIENCE.—A project under this section (F) a metropolitan planning organization;
(16 U.S.C. 1531 et seq.), whether the project shall be designed to ensure resilience over the (G) a transit agency;
sponsor has coordinated with the United States anticipated service life of the asset. (H) a special purpose district with a transpor-
Fish and Wildlife Service. (3) LIMITATION.—The Secretary may not tation function; and
(E) Other ecological benefits of the project, in- (I) a group of entities described in this para-
award more than 10 percent of the amounts
cluding— graph.
made available under this section for grants (2) PARTNERSHIPS.—An eligible entity may
(i) reductions in stormwater runoff and other that propose only activities described in sub-
water pollution; and enter into an agreement with the following enti-
section (e)(3). ties to carry out the eligible activities under this
(ii) the benefits of improved habitat (h) NOTIFICATION.—Not later than 3 business
connectivity for pollinators and the use of na- section:
days before awarding a grant under this sec- (A) A nonprofit organization.
tively appropriate grasses. tion, the Secretary shall notify the Committee (B) An institution of higher education, as
(F) Whether the project supports local eco- on Transportation and Infrastructure of the such term is defined in section 101 of the Higher
nomic development and improvement of visita- House of Representatives and the Committee on Education Act of 1965 (20 U.S.C. 1001), including
tion opportunities. Environment and Public Works of the Senate of historically black colleges and universities, de-
(G) The extent to which the project incor- the intention to award such a grant. fined as the term ‘‘Predominantly Black institu-
porates innovative technologies, including ad- (i) ANNUAL REPORT.— tion’’ is defined in section 371(c) of the Higher
vanced design techniques and other strategies to (1) IN GENERAL.—Not later than December 31 Education Act of 1965 (20 U.S.C. 1067q(c)).
enhance efficiency and effectiveness in reducing of each calendar year, the Secretary shall pub- (c) PLANNING GRANTS.—
wildlife-vehicle collisions and improving habitat lish, on the website of the Department of Trans- (1) IN GENERAL.—The Secretary may award
connectivity for terrestrial and aquatic species. portation, a report describing the activities grants (referred to in this section as a ‘‘plan-
(H) The extent to which the project provides under the program for the fiscal year that ends ning grants’’) to carry out planning activities
educational and outreach opportunities. during that calendar year. described in paragraph (2).
(I) Whether the project will further research (2) CONTENTS.—The report under paragraph (2) ELIGIBLE ACTIVITIES DESCRIBED.—The
to evaluate, compare effectiveness of, and iden- (1) shall include— planning activities referred to in paragraph (1)
tify best practices in selected projects. (A) a detailed description of the activities car- are—
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(J) How the benefits compare to the costs of ried out under the program; (A) planning studies to evaluate the feasibility
the project. (B) an evaluation of the effectiveness of the of removing, retrofitting, or remediating an ex-
(K) Any other criteria relevant to reducing the program in meeting the purposes described in isting eligible facility to restore community
number of wildlife-vehicle collisions and improv- subsection (b); and connectivity, including evaluations of—
ing habitat connectivity for terrestrial and (C) policy recommendations, if any, to im- (i) current traffic patterns on the eligible fa-
aquatic species, as the Secretary determines to prove the effectiveness of the program. cility proposed for removal, retrofit, or remedi-
be appropriate. (j) DEFINITIONS.—In this section: ation and the surrounding street network;
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H3400 CONGRESSIONAL RECORD — HOUSE June 30, 2021
(ii) the capacity of existing transportation (B) evaluate applications for a planning grant (x) whether the project is consistent with, and
networks to maintain mobility needs; on the basis of the demonstration by the appli- how the project would impact, the relevant
(iii) an analysis of alternative roadway de- cant that— transportation performance management tar-
signs or other uses for the right-of-way of the el- (i) the eligible facility— gets; and
igible facility, including an analysis of whether (I) creates barriers to mobility, access, or eco- (xi) the extent to which the project benefits
the available right-of-way would suffice to cre- nomic development; or populations impacted by or previously displaced
ate an alternative roadway design; (II) is not justified by current and forecast fu- by the eligible facility;
(iv) the effect of the removal, retrofit, or reme- ture travel demand; and (C) ensure that the project has conducted suf-
diation of the eligible facility on the mobility of (ii) on the basis of preliminary assessment into ficient community engagement, such as the ac-
freight and people; the feasibility of removing, retrofitting, or reme- tivities described in subsection (c)(2)(B); and
(v) the effect of the removal, retrofit, or reme- diating the eligible facility to restore community (D) ensure that the jurisdiction in which the
diation of the eligible facility on the safety of connectivity, and increase safety, mobility, and eligible facility is located has an anti-displace-
the traveling public; access for all users, further planning activities ment policy or a community land trust in place.
(vi) the cost to remove, retrofit, or remediate are necessary and likely to be productive. (5) MINIMUM AWARD AMOUNTS.—A capital
the eligible facility— (5) AWARD AMOUNTS.—A planning grant may construction grant shall be in an amount not
(I) to restore community connectivity; and not exceed $2,000,000 for any recipient. less than $5,000,000 for each recipient.
(II) to convert the eligible facility to a road- (6) FEDERAL SHARE.—The total Federal share (6) FEDERAL SHARE.—
way design or use that increases safety, mobil- of the cost of a planning activity for which a (A) IN GENERAL.—Subject to subparagraph
ity, and access for all users, compared to any planning grant is used may not exceed 80 per- (B), the Federal share of the total cost of a
expected costs for necessary maintenance or re- cent. project carried out using a capital construction
construction of the eligible facility; and (d) CAPITAL CONSTRUCTION GRANTS.— grant may not exceed 80 percent.
(1) ELIGIBLE ENTITIES.—The Secretary may (B) MAXIMUM FEDERAL INVOLVEMENT.—Fed-
(vii) the environmental impacts of retaining or
award grants (referred to in this section as a eral assistance other than a capital construction
reconstructing the eligible facility and the an-
‘‘capital construction grants’’) to eligible enti- grant may be used to satisfy the non-Federal
ticipated effect of the proposed alternative use
ties to carry out eligible projects described in share of the cost of a project for which the grant
or roadway design;
paragraph (3). is awarded.
(B) public engagement activities to provide op- (7) COMMUNITY ADVISORY BOARD.—
portunities for public input into a plan to re- (2) PARTNERSHIPS.—In the case that the owner
of an eligible facility that is the subject of the (A) IN GENERAL.—To help achieve inclusive
move, replace, retrofit, or remediate the effects economic development benefits with respect to
from an eligible facility, including— capital construction grant is not an eligible enti-
ty, an eligible entity shall demonstrate the exist- the project for which a grant is awarded, a
(i) building organizational or community ca- grant recipient may form a community advisory
pacity to, and educating community members on ence of a partnership with the owner of the eli-
gible facility. board, which, if formed, shall—
how to, engage in and contribute to eligible (i) facilitate community engagement with re-
planning activities described in subsection (3) ELIGIBLE PROJECTS.—A project eligible to
be carried out with a capital construction grant spect to the project; and
(c)(2); (ii) track progress with respect to commitments
(ii) identifying community needs and desires includes the following:
of the grant recipient to inclusive employment,
for community improvements and developing (A) The removal, retrofit, or remediation of
contracting, and economic development under
community driven solutions in carrying out eli- the effects on community connectivity from of
the project.
gible planning activities described in subsection an eligible facility. (B) MEMBERSHIP.—If a grant recipient forms a
(c)(2); (B) The replacement of an eligible facility
community advisory board under subparagraph
(iii) conducting assessments of equity, mobility with a new facility that—
(A), the community advisory board shall be com-
(i) restores community connectivity;
and access, environmental justice, affordability, posed of representatives of—
(ii) employs context sensitive solutions appro-
economic opportunity, health outcomes, and (i) the community, including residents in the
priate for the surrounding community; and
other local goals to be used in carrying out eligi- (iii) is otherwise eligible for funding under immediate vicinity of the project;
ble planning activities described in subsection (ii) owners of businesses that serve the com-
title 23, United States Code.
(c)(2); and munity;
(C) Support for community partnerships, in-
(iv) forming a community advisory board in (iii) labor organizations that represent work-
cluding a community advisory board described
accordance with subsection (d)(7); ers that serve the community;
under paragraph (7), in connection with a cap- (iv) State and local government; and
(C) other transportation planning activities ital construction grant awarded under this sub-
required in advance of a project to remove, ret- (v) private and non-profit organizations that
section. represent local community development.
rofit, or remediate an existing eligible facility to (D) Other activities required to remove, re- (C) DIVERSITY.—The community advisory
restore community connectivity, as determined place, retrofit, or remediate an existing eligible board shall be representative of the community
by the Secretary; facility, as determined by the Secretary.
(D) evaluating land use and zoning changes served by the project.
(4) SELECTION.—The Secretary shall— (e) PRIORITIES.—In selecting recipients of
necessary to improve equity and maximize tran- (A) solicit applications for capital construc- planning grants, capital construction grants,
sit-oriented development in connection with tion grants; and technical assistance under this section, the
project eligible for a capital construction grant, (B) evaluate applications on the basis of— Secretary shall give priority to—
including activities eligible under section 5327 of (i) the degree to which the project will improve (1) an application from a community that is
title 49, United States Code; and mobility and access through the removal of bar- economically disadvantaged, including an envi-
(E) establishment of anti-displacement and eq- riers; ronmental justice community, an underserved
uitable neighborhood revitalization strategies in (ii) the appropriateness of removing, retro- community, or a community located in an area
connection with project eligible for a capital fitting, or remediating the effects on community of persistent poverty (as such term is defined in
construction grant, including establishment of a connectivity from the eligible facility, based on section 101 of title 23, United States Code); and
community land trust for land acquisition, land current traffic patterns and the ability of the (2) an eligible entity that has—
banking, and equitable transit-oriented develop- project and the regional transportation network (A) entered into a community benefits agree-
ment. to absorb transportation demand and provide ment with representatives of the community or
(3) TECHNICAL ASSISTANCE.— safe mobility and access; formed a community advisory board under para-
(A) IN GENERAL.—The Secretary may provide (iii) the impact of the project on freight move- graph (7) of subsection (d);
technical assistance described in subparagraph ment; (B) demonstrated a plan for employing resi-
(B) to an eligible entity. (iv) the results of a cost-benefit analysis of the dents in the area impacted by the activity or
(B) TECHNICAL ASSISTANCE DESCRIBED.—The project; project through targeted hiring programs; and
technical assistance referred to in subparagraph (v) the extent to which the grantee has plans (C) demonstrated a plan for improving trans-
(A) is technical assistance in building organiza- for inclusive economic development in place, in- portation system access.
tional or community capacity— cluding the existing land use and whether the (f) ADMINISTRATIVE EXPENSES.—Of amounts
(i) to conduct transportation planning; and zoning provides for equitable and transit-ori- made available to carry out this section, the
(ii) to identify innovative solutions to chal- ented development of underutilized land; Secretary may set aside not more than $5,000,000
lenges posed by existing eligible facilities, in- (vi) the degree to which the eligible facility is in each fiscal year for the costs of administering
cluding reconnecting communities that— out of context with the current or planned land the program under this section.
(I) are bifurcated by eligible facilities; or use; (g) TECHNICAL ASSISTANCE.—Of amounts made
(II) lack safe, reliable, and affordable trans- (vii) the results of any feasibility study com- available to carry out this section, the Secretary
portation choices. pleted for the project; may set aside not more than $5,000,000 in each
(4) SELECTION.—The Secretary shall— (viii) whether the eligible facility is likely to fiscal year to provide technical assistance to eli-
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(A) solicit applications for— need replacement or significant reconstruction gible entities under subsection (c)(3).
(i) planning grants; within the 20-year period beginning on the date (h) REPORT.—Not later than 2 years after the
(ii) technical assistance under paragraph (3); of the submission of the application; date of enactment of this Act, the Secretary
and (ix) whether the project is consistent with the shall submit to the Committee on Transportation
(iii) the activities would benefit populations relevant long-range transportation plan and in- and Infrastructure of the House of Representa-
impacted by or previously displaced by an eligi- cluded in the relevant statewide transportation tives and the Committee on Environment and
ble facility; and improvement program; Public Works of the Senate a report that—
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3401
(1) identifies and creates an online mapping (1) the total number of labor hours fulfilled by equitable and proportional representation of the
tool showing any examples of potential projects qualified apprentices; population of the metropolitan planning area.
to remove eligible facilities, and assesses the po- (2) the total number of qualified apprentices ‘‘(ii) SAVINGS CLAUSE.—Nothing in this para-
tential impacts of carrying out such projects; employed; graph shall require a metropolitan planning or-
and (3) the total number of grant recipients that ganization in existence on the date of enactment
(2) assesses projects funded under subsection met or exceeded the apprenticeship employment of this subparagraph to be restructured.
(d) to provide best practices. goal; and ‘‘(iii) REDESIGNATION.—Notwithstanding
(i) DEFINITIONS.—In this section: (4) best practices utilized by grant recipients clause (ii), the requirements of this paragraph
(1) ANTI-DISPLACEMENT POLICY.—The term that met or exceeded the apprenticeship employ- shall apply to any metropolitan planning orga-
‘‘anti-displacement policy’’ means a policy that ment goal. nization redesignated under paragraph (6).’’;
limits the displacement of low-income, disadvan- (d) PUBLIC TRANSPARENCY.—At the end of (C) in paragraph (6)(B) by striking ‘‘para-
taged, and underserved communities from neigh- each fiscal year, the Secretary shall make avail- graph (2)’’ and inserting ‘‘paragraph (2) or
borhoods due to new investments in housing, able on a public website information on the uti- (3)(D)’’; and
businesses, and infrastructure. lization of qualified apprentices in the preceding (D) in paragraph (7)—
(2) COMMUNITY LAND TRUST.—The term ‘‘com- fiscal year for each grant program under sec- (i) by striking ‘‘an existing metropolitan plan-
munity land trust’’ means a nonprofit organiza- tions 117 and 173 of title 23, United States Code, ning area’’ and inserting ‘‘an urbanized area’’;
tion established or with the responsibility, as and section 1311 of this Act, including— and
applicable— (1) the total number of grant applicants that (ii) by striking ‘‘the existing metropolitan
(A) to develop the real estate created by the certified they would be able to meet or exceed planning area’’ and inserting ‘‘the area’’;
removal or capping of an eligible facility; and (5) in subsection (g)—
the apprenticeship employment goal under sub-
(B) to carry out anti-displacement or commu- (A) in paragraph (1) by striking ‘‘a metropoli-
section (a); and
nity development strategies, including— tan area’’ and inserting ‘‘an urbanized area’’;
(2) the total number of grants awarded for
(i) affordable housing preservation and devel- (B) in paragraph (2) by striking ‘‘MPOS’’ and
which applicants certified they would be able to
opment; inserting ‘‘METROPOLITAN PLANNING AREAS’’;
meet or exceed the apprenticeship employment (C) in paragraph (3)(A) by inserting ‘‘emer-
(ii) homeownership and property improvement goal.
programs; gency response and evacuation, climate change
(e) DEFINITIONS.—In this section: adaptation and resilience,’’ after ‘‘disaster risk
(iii) the development or rehabilitation of park (1) APPRENTICESHIP EMPLOYMENT GOAL.—The
space or recreation facilities; and reduction,’’; and
term ‘‘apprenticeship employment goal’’ means (D) by adding at the end the following:
(iv) community revitalization and economic the utilization of qualified apprentices for not ‘‘(4) COORDINATION BETWEEN MPOS.—
development projects. less than 15 percent of the total labor hours ‘‘(A) IN GENERAL.—If more than one metro-
(3) ELIGIBLE FACILITY.— used for construction activities for a project.
(A) IN GENERAL.—The term ‘‘eligible facility’’ politan planning organization is designated
(2) QUALIFIED APPRENTICE.—The term ‘‘quali- within an urbanized area under subsection
means a highway or other transportation facil- fied apprentice’’ means an employee partici-
ity that creates a barrier to community (d)(7), the metropolitan planning organizations
pating in an apprenticeship program that— designated within the area shall ensure, to the
connectivity, including barriers to mobility, ac- (A) is registered with the Office of Apprentice-
cess, or economic development, due to high maximum extent practicable, the consistency of
ship of the Employment Training Administra- any data used in the planning process, includ-
speeds, grade separations, or other design fac- tion of the Department of Labor or a State ap-
tors. ing information used in forecasting transpor-
prenticeship agency recognized by such Office tation demand.
(B) INCLUSIONS.—In this section, the term ‘‘el- of Apprenticeship pursuant to the Act of August ‘‘(B) SAVINGS CLAUSE.—Nothing in this para-
igible facility’’ may include— 16, 1937 (29 U.S.C. 50 et seq.; commonly known
(i) a limited access highway; graph requires metropolitan planning organiza-
as the ‘‘National Apprenticeship Act’’); and tions designated within a single urbanized area
(ii) a railway; (B) satisfies the requirements of subpart A of
(iii) a viaduct; to jointly develop planning documents, includ-
part 29 and part 30 of title 29, Code of Federal ing a unified long-range transportation plan or
(iv) a principal arterial facility; or
Regulations. unified TIP.’’;
(v) any other transportation facility for which
(3) SECRETARY.—The term ‘‘Secretary’’ means (6) in subsection (h)(1)—
the high speeds, grade separation, or other de-
the Secretary of Transportation. (A) by striking subparagraph (E) and insert-
sign factors create an obstacle to connectivity.
Subtitle D—Planning, Performance ing the following:
SEC. 1312. APPRENTICESHIP UTILIZATION.
Management, and Asset Management ‘‘(E) protect and enhance the environment,
(a) IN GENERAL.— promote energy conservation, reduce greenhouse
(1) CERTIFICATION REQUIREMENT.—To receive SEC. 1401. METROPOLITAN TRANSPORTATION
PLANNING. gas emissions, improve the quality of life and
a grant under sections 117 and 173 of title 23, public health, and promote consistency between
United States Code, and section 1311 of this Act, Section 134 of title 23, United States Code, is
amended— transportation improvements and State and
each applicant shall include in a grant applica- local planned growth and economic development
tion a certification that such applicant will en- (1) in subsection (a) by striking ‘‘resiliency
needs while minimizing transportation-related patterns, including housing and land use pat-
sure that any contractor or subcontractor uti- terns;’’;
lized in carrying out activities with such fuel consumption and air pollution’’ and insert-
(B) in subparagraph (I)—
grant— ing ‘‘resilience and climate change adaptation
(i) by inserting ‘‘, sea level rise, extreme
(A) meets or exceeds the apprenticeship em- needs while reducing transportation-related fuel
weather, and climate change’’ after
ployment goal; and consumption, air pollution, and greenhouse gas
‘‘stormwater’’; and
(B) to the extent practicable, employs quali- emissions’’; (ii) by striking ‘‘and’’ at the end;
fied apprentices from traditionally underrep- (2) in subsection (b)— (C) by redesignating subparagraph (J) as sub-
resented populations, including women and mi- (A) by redesignating paragraphs (6) and (7) as paragraph (M); and
norities, in meeting or exceeding such goal. paragraphs (7) and (8), respectively; and (D) by inserting after subparagraph (I) the
(2) EXCEPTIONS.—The Secretary may adjust (B) by inserting after paragraph (5) the fol- following:
the requirements of this section if the grant ap- lowing: ‘‘(J) support emergency management, re-
plicant— ‘‘(6) STIP.—The term ‘STIP’ means a state- sponse, and evacuation and hazard mitigation;
(A) demonstrates a lack of availability of wide transportation improvement program devel- ‘‘(K) improve the level of transportation sys-
qualified apprentices in a specific geographic oped by a State under section 135(g).’’; tem access;
area; or (3) in subsection (c)— ‘‘(L) support inclusive zoning policies and
(B) makes a good faith effort to comply with (A) in paragraph (1) by striking ‘‘and trans- land use planning practices that incentivize af-
the requirements of this section. portation improvement programs’’ and inserting fordable, elastic, and diverse housing supply,
(b) REGULATIONS.—The Secretary shall have ‘‘and TIPs’’; and facilitate long-term economic growth by improv-
the authority to issue such regulations or other (B) by adding at the end the following: ing the accessibility of housing to jobs, and pre-
guidance, forms, instructions, and publications ‘‘(4) CONSIDERATION.—In developing the plans vent high housing costs from displacing eco-
as may be necessary or appropriate to carry out and TIPs, metropolitan planning organizations nomically disadvantaged households; and’’;
the requirements of this section, including re- shall consider direct and indirect emissions of (7) in subsection (h)(2) by striking subpara-
porting requirements for applicants awarded a greenhouse gases.’’; graph (A) and inserting the following:
grant. (4) in subsection (d)— ‘‘(A) IN GENERAL.—Through the use of a per-
(c) REPORT TO CONGRESS.—Not later than 3 (A) in paragraph (2) by striking ‘‘Not later formance-based approach, transportation in-
years after the date of enactment of this Act, than 2 years after the date of enactment of vestment decisions made as a part of the metro-
the Secretary shall submit to the Committee on MAP–21, each’’ and inserting ‘‘Each’’; politan transportation planning process shall
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Transportation and Infrastructure of the House (B) in paragraph (3) by adding at the end the support the national goals described in section
of Representatives and the Committee on Envi- following: 150(b), the achievement of metropolitan and
ronment and Public Works of the Senate a re- ‘‘(D) EQUITABLE AND PROPORTIONAL REP- statewide targets established under section
port on the utilization of qualified apprentices RESENTATION.— 150(d), the improvement of transportation sys-
for projects carried out under sections 117 and ‘‘(i) IN GENERAL.—In designating officials or tem access (consistent with section 150(f)), and
173 of title 23, United States Code, and section representatives under paragraph (2), the metro- the general purposes described in section 5301 of
1311 of this Act, that includes— politan planning organization shall ensure the title 49.’’;
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H3402 CONGRESSIONAL RECORD — HOUSE June 30, 2021
(8) in subsection (i)— (ii) in subparagraph (I)— (B) in paragraph (3) by striking ‘‘opera-
(A) in paragraph (2)(D)(i) by inserting ‘‘re- (I) by inserting ‘‘, sea level rise, extreme tors),,’’ and inserting ‘‘operators),’’;
duce greenhouse gas emissions and’’ before ‘‘re- weather, and climate change’’ after ‘‘mitigate (C) in paragraph (4) by striking ‘‘statewide
store and maintain’’; stormwater’’; and transportation improvement program’’ and in-
(B) in paragraph (2)(G) by inserting ‘‘and cli- (II) by striking ‘‘and’’ after the semicolon; serting ‘‘STIP’’ each place it appears;
mate change’’ after ‘‘infrastructure to natural (iii) by redesignating subparagraph (J) as sub- (D) in paragraph (5)—
disasters’’; paragraph (M); and (i) in subparagraph (A) by striking ‘‘transpor-
(C) in paragraph (2)(H) by inserting ‘‘green- (iv) by inserting after subparagraph (I) the tation improvement program’’ and inserting
house gas emissions,’’ after ‘‘pollution,’’; following: ‘‘STIP’’;
(D) in paragraph (5)— ‘‘(J) facilitate emergency management, re- (ii) in subparagraph (B)(ii) by striking ‘‘met-
(i) in subparagraph (A) by inserting ‘‘air sponse, and evacuation and hazard mitigation; ropolitan transportation improvement program’’
quality, public health, housing, transportation, ‘‘(K) improve the level of transportation sys- and inserting ‘‘TIP’’;
resilience, hazard mitigation, emergency man- tem access; (iii) in subparagraph (C) by striking ‘‘trans-
agement,’’ after ‘‘conservation,’’; and ‘‘(L) support inclusive zoning policies and portation improvement program’’ and inserting
(ii) by striking subparagraph (B) and insert- land use planning practices that incentivize af- ‘‘STIP’’ each place it appears;
ing the following: fordable, elastic, and diverse housing supply, (iv) in subparagraph (E) by striking ‘‘trans-
‘‘(B) ISSUES.—The consultation shall involve, facilitate long-term economic growth by improv- portation improvement program’’ and inserting
as appropriate, comparison of transportation ing the accessibility of housing to jobs, and pre- ‘‘STIP’’;
plans to other relevant plans, including, if vent high housing costs from displacing eco- (v) in subparagraph (F)(i) by striking ‘‘trans-
available— nomically disadvantaged households; and’’; portation improvement program’’ and inserting
‘‘(i) State conservation plans or maps; and (B) in paragraph (2)— ‘‘STIP’’ each place it appears;
‘‘(ii) inventories of natural or historic re- (i) by striking subparagraph (A) and inserting (vi) in subparagraph (G)(ii) by striking
sources.’’; and the following: ‘‘transportation improvement program’’ and in-
(E) by amending paragraph (6)(C) to read as ‘‘(A) IN GENERAL.—Through the use of a per- serting ‘‘STIP’’; and
follows: formance-based approach, transportation in- (vii) in subparagraph (H) by striking ‘‘trans-
‘‘(C) METHODS.— vestment decisions made as a part of the state- portation improvement program’’ and inserting
‘‘(i) IN GENERAL.—In carrying out subpara- wide transportation planning process shall sup- ‘‘STIP’’;
graph (A), the metropolitan planning organiza- port— (E) in paragraph (6)—
tion shall, to the maximum extent practicable— ‘‘(i) the national goals described in section (i) in subparagraph (A)—
‘‘(I) hold any public meetings at convenient 150(b); (I) by striking ‘‘transportation improvement
and accessible locations and times; ‘‘(ii) the consideration of transportation sys- program’’ and inserting ‘‘STIP’’; and
‘‘(II) employ visualization techniques to de- tem access (consistent with section 150(f)); (II) by striking ‘‘and projects carried out
scribe plans; and ‘‘(iii) the achievement of statewide targets es- under the bridge program or the Interstate
‘‘(III) make public information available in tablished under section 150(d); and maintenance program’’; and
electronically accessible format and means, such ‘‘(iv) the general purposes described in section (ii) in subparagraph (B)—
as the internet, as appropriate to afford reason- 5301 of title 49.’’; and (I) by striking ‘‘or under the bridge program
able opportunity for consideration of public in- (ii) in subparagraph (D) by striking ‘‘state- or the Interstate maintenance program’’;
formation under subparagraph (A). wide transportation improvement program’’ and (II) by striking ‘‘5310, 5311, 5316, and 5317’’
‘‘(ii) ADDITIONAL METHODS.—In addition to inserting ‘‘STIP’’; and and inserting ‘‘5310 and 5311’’; and
the methods described in clause (i), in carrying (C) in paragraph (3) by striking ‘‘statewide (III) by striking ‘‘statewide transportation im-
out subparagraph (A), the metropolitan plan- transportation improvement program’’ and in- provement program’’ and inserting ‘‘STIP’’;
ning organization shall, to the maximum extent serting ‘‘STIP’’; (F) in paragraph (7)—
practicable— (3) in subsection (e)(3) by striking ‘‘transpor- (i) in the heading by striking ‘‘TRANSPOR-
‘‘(I) use virtual public involvement, social tation improvement program’’ and inserting TATION IMPROVEMENT PROGRAM’’ and inserting
media, and other web-based tools to encourage ‘‘STIP’’; ‘‘STIP’’; and
public participation and solicit public feedback; (4) in subsection (f)— (ii) by striking ‘‘transportation improvement
and (A) in paragraph (2)(D)— program’’ and inserting ‘‘STIP’’;
‘‘(II) use other methods, as appropriate, to (i) in clause (i) by inserting ‘‘air quality, pub- (G) in paragraph (8) by striking ‘‘statewide
further encourage public participation of his- lic health, housing, transportation, resilience, transportation plans and programs’’ and insert-
torically underrepresented individuals in the hazard mitigation, emergency management,’’ ing ‘‘statewide transportation plans and
transportation planning process.’’; after ‘‘conservation,’’; and STIPs’’; and
(9) in subsection (j) by striking ‘‘transpor- (ii) by amending clause (ii) to read as follows: (H) in paragraph (9) by striking ‘‘transpor-
tation improvement program’’ and inserting ‘‘(ii) COMPARISON AND CONSIDERATION.—Con- tation improvement program’’ and inserting
‘‘TIP’’ each place it appears; and sultation under clause (i) shall involve the com- ‘‘STIP’’;
(10) by striking ‘‘Federally’’ each place it ap- parison of transportation plans to other rel- (6) in subsection (h)(2)(A) by striking ‘‘Not
pears and inserting ‘‘federally’’. evant plans and inventories, including, if avail- later than 5 years after the date of enactment of
SEC. 1402. STATEWIDE AND NONMETROPOLITAN able— the MAP–21,’’ and inserting ‘‘Not less fre-
TRANSPORTATION PLANNING. ‘‘(I) State and tribal conservation plans or quently than once every 4 years,’’;
Section 135 of title 23, United States Code, is maps; and (7) in subsection (k) by striking ‘‘transpor-
amended— ‘‘(II) inventories of natural or historic re- tation improvement program’’ and inserting
(1) in subsection (a)— sources.’’; ‘‘STIP’’ each place it appears; and
(A) in paragraph (1) by striking ‘‘statewide (B) in paragraph (3)(B)— (8) in subsection (m) by striking ‘‘transpor-
transportation improvement program’’ and in- (i) by striking ‘‘In carrying out’’ and inserting tation improvement programs’’ and inserting
serting ‘‘STIP’’; the following: ‘‘STIPs’’.
(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) in paragraph (1) by inserting ‘‘or elimi-
program’’ and inserting ‘‘STIP’’; and out subparagraph (A), the State shall, to the nation’’ after ‘‘significant reduction’’;
(iii) by adding at the end the following: maximum extent practicable— (B) by redesignating paragraph (7) as para-
‘‘(B) CONSIDERATION.—In developing the ‘‘(I) use virtual public involvement, social graph (8); and
statewide transportation plans and STIPs, media, and other web-based tools to encourage (C) by inserting after paragraph (6) the fol-
States shall consider direct and indirect emis- public participation and solicit public feedback; lowing:
sions of greenhouse gases.’’; and and ‘‘(7) COMBATING CLIMATE CHANGE.—To reduce
(C) in paragraph (3) by striking ‘‘transpor- ‘‘(II) use other methods, as appropriate, to carbon dioxide and other greenhouse gas emis-
tation improvement program’’ and inserting further encourage public participation of his- sions and reduce the climate impacts of the
‘‘STIP’’; torically underrepresented individuals in the transportation system.’’;
(2) in subsection (d)— transportation planning process.’’; (2) in subsection (c)—
(A) in paragraph (1)— (C) in paragraph (4)(A) by inserting ‘‘reduce (A) in paragraph (1) by striking ‘‘Not later
(i) in subparagraph (E)— greenhouse gas emissions and’’ after ‘‘potential than 18 months after the date of enactment of
ctelli on DSK11ZRN23PROD with HOUSE
(I) by inserting ‘‘reduce greenhouse gas emis- to’’; and the MAP–21, the Secretary’’ and inserting ‘‘The
sions,’’ after ‘‘promote energy conservation,’’; (D) in paragraph (8) by inserting ‘‘greenhouse Secretary’’; and
(II) by inserting ‘‘and public health’’ after gas emissions,’’ after ‘‘pollution,’’; (B) by adding at the end the following:
‘‘improve the quality of life’’; and (5) in subsection (g)— ‘‘(7) GREENHOUSE GAS EMISSIONS.—The Sec-
(III) by inserting ‘‘, including housing and (A) in paragraph (1)(A) by striking ‘‘statewide retary shall establish, in consultation with the
land use patterns’’ after ‘‘economic development transportation improvement program’’ and in- Administrator of the Environmental Protection
patterns’’; serting ‘‘STIP’’; Agency, measures for States to use to assess—
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3403
‘‘(A) carbon dioxide emissions per capita on (2) in subsection (k)— of transportation system access, consistent with
public roads; (A) in paragraph (3)(A)— section 150(f) of title 23.’’;
‘‘(B) carbon dioxide emissions using different (i) by striking ‘‘shall address congestion man- (2) in subsection (k)—
parameters than described in subparagraph (A) agement’’ and inserting the following: ‘‘shall (A) in paragraph (3)(A)—
that the Secretary determines to be appropriate; address— (i) by striking ‘‘shall address congestion man-
and ‘‘(i) congestion management’’; agement’’ and inserting the following: ‘‘shall
‘‘(C) any other greenhouse gas emissions on (ii) by striking the period at the end and in- address—
public roads that the Secretary determines to be serting ‘‘; and’’; and ‘‘(i) congestion management’’;
appropriate.’’; (iii) by adding at the end the following: (ii) by striking the period at the end and in-
(3) in subsection (d)— ‘‘(ii) the overall level of transportation system serting ‘‘; and’’; and
(A) in paragraph (1)— access for various modes of travel within the (iii) by adding at the end the following:
(i) by striking ‘‘Not later than 1 year after the metropolitan planning area, including the level ‘‘(ii) the overall level of transportation system
of access for economically disadvantaged com- access for various modes of travel within the
Secretary has promulgated the final rulemaking
munities, consistent with section 150(f), that is metropolitan planning area, including the level
under subsection (c), each’’ and inserting
based on a cooperatively developed and imple- of access for economically disadvantaged com-
‘‘Each’’; and
(ii) by striking ‘‘and (6)’’ and inserting ‘‘(6), mented metropolitan-wide strategy, assessing munities, consistent with section 150(f) of title
and (7)’’; and both new and existing transportation facilities 23, that is based on a cooperatively developed
(B) by adding at the end the following: and implemented metropolitan-wide strategy,
eligible for funding under this title and chapter
‘‘(3) REGRESSIVE TARGETS.— assessing both new and existing transportation
53 of title 49.’’; and
‘‘(A) IN GENERAL.—A State may not establish (B) in paragraph (5)(B)— facilities eligible for funding under this chapter
a regressive target for the measures described (i) in clause (i) by striking ‘‘; and’’ and insert- and title 23.’’; and
under paragraph (4) or paragraph (7) of sub- (B) in paragraph (5)(B)—
ing a semicolon;
(i) in clause (i) by striking ‘‘; and’’ and insert-
section (c). (ii) in clause (ii) by striking the period and in-
ing a semicolon;
‘‘(B) REGRESSIVE TARGET DEFINED.—In this serting ‘‘; and’’; and (ii) in clause (ii) by striking the period and in-
paragraph, the term ‘regressive target’ means a (iii) by adding at the end the following: serting ‘‘; and’’; and
target that fails to demonstrate constant or im- ‘‘(iii) the TIP approved under clause (ii) (iii) by adding at the end the following:
proved performance for a particular measure.’’; makes progress towards improving the level of ‘‘(iii) the TIP approved under clause (ii)
(4) in subsection (e)— transportation system access, consistent with makes progress towards improving the level of
(A) by striking ‘‘Not later than 4 years after section 150(f).’’; and transportation system access, consistent with
the date of enactment of the MAP–21 and bien- (3) in subsection (l)(2)— section 150(f) of title 23.’’; and
nially thereafter, a’’ and inserting ‘‘A’’; and (A) by striking ‘‘5 years after the date of en- (3) in subsection (l)(2)—
(B) by inserting ‘‘biennial’’ after ‘‘the Sec- actment of the MAP–21’’ and inserting ‘‘2 years (A) by striking ‘‘5 years after the date of en-
retary a’’; and after the date of enactment of the INVEST in actment of the Federal Public Transportation
(5) by adding at the end the following: America Act, and every 2 years thereafter’’; Act of 2012’’ and inserting ‘‘2 years after the
‘‘(f) TRANSPORTATION SYSTEM ACCESS.— (B) in subparagraph (C) by striking ‘‘and date of enactment of the INVEST in America
‘‘(1) IN GENERAL.—The Secretary shall estab- whether metropolitan planning organizations Act, and every 2 years thereafter,’’;
lish measures for States and metropolitan plan- are developing meaningful performance targets; (B) in subparagraph (C) by striking ‘‘and
ning organizations to use to assess the level of and’’ and inserting a semicolon; and whether metropolitan planning organizations
safe, reliable, and convenient transportation (C) by striking subparagraph (D) and insert- are developing meaningful performance targets;
system access to— ing the following: and’’ and inserting a semicolon; and
‘‘(A) employment; and ‘‘(D) a listing of all metropolitan planning or- (C) by striking subparagraph (D) and insert-
‘‘(B) services. ganizations that are establishing performance ing the following:
‘‘(2) CONSIDERATIONS.—The measures estab- targets and whether such performance targets ‘‘(D) a listing of all metropolitan planning or-
lished pursuant to paragraph (1) shall include established by the metropolitan planning orga- ganizations that are establishing performance
the ability for States and metropolitan planning nization are meaningful or regressive (as de- targets and whether such performance targets
organizations to assess— fined in section 150(d)(3)(B)); and established by the metropolitan planning orga-
‘‘(A) the change in the level of transportation ‘‘(E) the progress of implementing the measure nization are meaningful or regressive (as de-
system access for various modes of travel, in- established under section 150(f).’’. fined in section 150(d)(3)(B) of title 23); and
cluding connection to other modes of transpor- (c) STATEWIDE AND NONMETROPOLITAN TRANS- ‘‘(E) the progress of implementing the measure
tation, that would result from new transpor- PORTATION PLANNING; TITLE 23.—Section established under section 150(f) of title 23.’’.
tation investments; 135(g)(4) of title 23, United States Code, is fur- (e) STATEWIDE AND NONMETROPOLITAN TRANS-
‘‘(B) the level of transportation system access ther amended— PORTATION PLANNING; TITLE 49.—Section
for economically disadvantaged communities, (1) by striking ‘‘PERFORMANCE TARGET 5304(g)(4) of title 49, United States Code, is
including to affordable housing; and ACHIEVEMENT’’ in the heading and inserting amended—
‘‘(C) the extent to which transportation access ‘‘PERFORMANCE MANAGEMENT’’; (1) by striking ‘‘PERFORMANCE TARGET
is impacted by zoning policies and land use (2) by striking ‘‘shall include, to the maximum ACHIEVEMENT’’ and inserting ‘‘PERFORMANCE
planning practices that effect the affordability, extent practicable, a discussion’’ and inserting MANAGEMENT’’;
elasticity, and diversity of the housing supply. (2) by striking ‘‘shall include, to the maximum
the following: ‘‘shall include—
‘‘(3) DEFINITION OF SERVICES.—In this sub- ‘‘(A) a discussion’’; extent practicable, a discussion’’ and inserting
section, the term ‘services’ includes healthcare (3) by striking the period at the end and in- the following: ‘‘shall include—
facilities, child care, education and workforce ‘‘(A) a discussion’’;
serting ‘‘; and’’; and (3) by striking the period at the end and in-
training, food sources, banking and other finan- (4) by adding at the end the following:
serting ‘‘; and’’;
cial institutions, and other retail shopping es- ‘‘(B) a consideration of the anticipated effect (4) by striking ‘‘statewide transportation im-
tablishments.’’. of the STIP on the overall level of transpor- provement program’’ and inserting ‘‘STIP’’ each
(b) METROPOLITAN TRANSPORTATION PLAN- tation system access, consistent with section place it appears; and
NING; TITLE 23.—Section 134 of title 23, United 150(f).’’. (5) by adding at the end the following:
States Code, is further amended— (d) METROPOLITAN TRANSPORTATION PLAN- ‘‘(B) a consideration of the anticipated effect
(1) in subsection (j)(2)(D)— NING; TITLE 49.—Section 5303 of title 49, United of the STIP on the overall level of transpor-
(A) by striking ‘‘PERFORMANCE TARGET States Code, is amended— tation system access, consistent with section
ACHIEVEMENT’’ in the heading and inserting (1) in subsection (j)(2)(D)— 150(f) of title 23.’’.
‘‘PERFORMANCE MANAGEMENT’’; (A) by striking ‘‘PERFORMANCE TARGET (f) SAVINGS CLAUSE.—
(B) by striking ‘‘The TIP’’ and inserting the ACHIEVEMENT’’ and inserting ‘‘PERFORMANCE (1) REGRESSIVE TARGETS.—The prohibition in
following: MANAGEMENT’’; the amendment made by subsection (a)(3)(B)
‘‘(i) IN GENERAL.—The TIP’’; and (B) by striking ‘‘The transportation improve- shall apply to States beginning on the date that
(C) by adding at the end the following: ment plan’’ and inserting the following: is 1 year before the subsequent State target and
‘‘(ii) TRANSPORTATION MANAGEMENT AREAS.— ‘‘(i) IN GENERAL.—The TIP’’; and reporting deadlines related to safety perform-
For metropolitan planning areas that represent (C) by adding at the end the following: ance management established pursuant to sec-
an urbanized area designated as a transpor- ‘‘(ii) TRANSPORTATION MANAGEMENT AREAS.— tion 150 of title 23, United States Code.
tation management area under subsection (k), For metropolitan planning areas that represent (2) ACCESS PLANNING REQUIREMENTS.—The re-
the TIP shall include— an urbanized area designated as a transpor- quirements in the amendments made by sub-
‘‘(I) a discussion of the anticipated effect of tation management area under subsection (k), sections (b), (c), (d), and (e) shall apply begin-
the TIP toward achieving the performance tar- the TIP shall include— ning on the date on which the requirements for
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gets established in the metropolitan transpor- ‘‘(I) a discussion of the anticipated effect of the measure described in section 150(f) of title
tation plan, linking investment priorities to such the TIP toward achieving the performance tar- 23, United States Code, take effect.
performance targets; and gets established in the metropolitan transpor- (g) DEVELOPMENT OF GREENHOUSE GAS MEAS-
‘‘(II) a description of how the anticipated ef- tation plan, linking investment priorities to such URE.—Not later than 1 year after the date of en-
fect of the TIP would improve the overall level performance targets; and actment of this Act, the Secretary of Transpor-
of transportation system access, consistent with ‘‘(II) a description of how the anticipated ef- tation shall issue such regulations as are nec-
section 150(f).’’; fect of the TIP would improve the overall level essary to carry out paragraph (7) of section
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H3404 CONGRESSIONAL RECORD — HOUSE June 30, 2021
150(c) of title 23, United States Code, as added (ii) public transportation; (C) metropolitan planning organizations that
by this Act. (iii) walking (including conveyance for per- serve an area with a population of over 200,000
(h) DEVELOPMENT OF TRANSPORTATION SYS- sons with disabilities); and people.
TEM ACCESS MEASURE.— (iv) cycling (including micromobility). (4) WORKING WITH THE PRIVATE SECTOR.—In
(1) ESTABLISHMENT.—Not later than 120 days (C) The ability to disaggregate the level of carrying out this section, the Secretary may,
after the date of enactment of this Act, the Sec- transportation system access by various trans- and is encouraged to, procure additional data
retary of Transportation shall establish a work- portation modes by a variety of population cat- as necessary from university transportation cen-
ing group to assess the provisions of paragraphs egories, including— ters, private sector providers, and other entities
(1) and (2) of section 150(f) and make rec- (i) low-income populations; as is needed and may use funds authorized
ommendations regarding the establishment of (ii) minority populations; under section 503(b) of title 23, United States
(iii) age;
measures for States and metropolitan planning Code, for carrying out this paragraph.
(iv) disability; and
organizations to use to assess the level of trans- (v) geographical location. (5) WORKING WITH AFFECTED COMMUNITIES.—
portation system access for various modes of (D) The ability to assess the change in the In carrying out this section, the Secretary shall
travel, consistent with section 150(f) of title 23, level of transportation system access that would consult with, and collect data and input from,
United States Code. result from new transportation investments. representatives of—
(2) MEMBERS.—The working group established (3) CONSIDERATION.—An eligible transpor- (A) the Department of Transportation;
pursuant to paragraph (1) shall include rep- tation system access data set and analytical tool (B) State departments of transportation;
resentatives from— shall take into consideration safe and connected (C) metropolitan planning organizations;
(A) the Department of Transportation; networks for walking, cycling, and persons with (D) local governments;
(B) State departments of transportation, in- (E) providers of public transportation;
disabilities.
cluding representatives that specialize in pedes- (F) nonprofit entities related to transpor-
(j) DEFINITIONS.—In this section:
trian and bicycle safety; (1) TRANSPORTATION SYSTEM ACCESS.—The tation, including safety, cycling, disability, and
(C) the Bureau of Transportation Statistics; term ‘‘transportation system access’’ has the equity groups; and
(D) metropolitan planning organizations rep- meaning given such term in section 101 of title (G) any other stakeholders, as determined by
resenting transportation management areas (as 23, United States Code. the Secretary.
those terms are defined in section 134 of title 23, (2) SERVICES.—The term ‘‘services’’ has the (b) REPORT.—Not later than 2 years after the
United States Code); meaning given such term in section 150(f) of title date of enactment of this Act, the Secretary
(E) other metropolitan planning organizations 23, United States Code. shall submit to Congress a report containing the
or local governments; SEC. 1404. TRANSPORTATION DEMAND DATA AND
findings of the study conducted under sub-
(F) providers of public transportation; MODELING STUDY. section (a).
(G) nonprofit entities related to transpor- (a) STUDY.— (c) SECRETARIAL SUPPORT.—The Secretary
tation, including relevant safety groups; (1) IN GENERAL.—The Secretary of Transpor- shall seek opportunities to support the transpor-
(H) experts in the field of transportation ac- tation shall conduct a study on transportation tation planning processes under sections 134
cess data; and demand data and modeling, including transpor- and 135 of title 23, United States Code, through
(I) any other stakeholders, as determined by tation demand forecasting, and make rec- the provision of data to States and metropolitan
the Secretary. ommendations for developing and utilizing planning organizations to improve the quality of
(3) REPORT.— transportation and traffic demand models with transportation plans, models, and demand fore-
(A) SUBMISSION.—Not later than 1 year after a demonstrated record of accuracy. casts.
the establishment of the working group pursu- (2) CONTENTS.—In carrying out the study (d) UPDATE GUIDANCE AND REGULATIONS.—
ant to paragraph (1), the working group shall under this section, the Secretary shall— The Secretary shall—
submit to the Secretary a report of recommenda- (A) collect observed transportation demand (1) update Department of Transportation
tions regarding the establishment of measures data and transportation demand forecasts from guidance and procedures to utilize best practices
for States and metropolitan planning organiza- States and metropolitan planning organizations, documented throughout the Federal program;
tions to use to assess the level of transportation including data and forecasts on— and
system access, consistent with section 150(f) of (i) traffic counts; (2) ensure that best practices included in the
title 23, United States Code. (ii) transportation mode share and public report are incorporated into appropriate regula-
(B) PUBLICATION.—Not later than 30 days transportation ridership; and tions as such regulations are updated.
after the date on which the Secretary receives (iii) vehicle occupancy measures; (e) CONTINUING IMPROVEMENT.—The Secretary
the report under subparagraph (A), the Sec- (B) compare the transportation demand fore- shall set out a process to repeat the study under
retary shall publish the report on a publicly ac- casts with the observed transportation demand this section every 2 years as part of the condi-
cessible website of the Department of Transpor- data gathered under subparagraph (A), includ- tions and performance report, including—
tation. ing an analysis of the level of accuracy of fore- (1) progress in the accuracy of model projec-
(4) RULEMAKING.—Not later than 2 years after casts and possible reasons for large discrep- tions;
the date on which the Secretary receives the re- ancies; and (2) further recommendations for improvement;
port under paragraph (3), the Secretary shall (C) use the information described in subpara- and
issue such regulations as are necessary to imple- graphs (A) and (B) to— (3) further changes to guidance, regulation,
(i) develop best practices and guidance for and procedures required for the Department of
ment the requirements of section 150(f) of title
States and metropolitan planning organizations Transportation to adopt best practices.
23, United States Code.
to use in forecasting transportation demand for SEC. 1405. FISCAL CONSTRAINT ON LONG-RANGE
(5) TERMINATION.—The Secretary shall termi-
future investments in transportation improve- TRANSPORTATION PLANS.
nate the working group established pursuant to
ments; Not later than 1 year after the date of enact-
paragraph (1) on the date on which the regula-
(ii) evaluate the impact of transportation in- ment of this Act, the Secretary shall amend sec-
tion issued pursuant to paragraph (4) takes ef-
vestments, including new roadway capacity, on tion 450.324(f)(11)(v) of title 23, Code of Federal
fect.
transportation behavior and transportation de- Regulations, to ensure that the outer years of a
(i) TRANSPORTATION SYSTEM ACCESS DATA.—
mand, including public transportation ridership, metropolitan transportation plan are defined as
(1) IN GENERAL.—Not later than 90 days after
induced highway transportation, and conges- ‘‘beyond the first 4 years’’.
the date on which the Secretary of Transpor-
tion; Subtitle E—Federal Lands, Tribes, and
tation establishes the measure required under (iii) support more accurate transportation de-
section 150(f) of title 23, United States Code, the Territories
mand forecasting by States and metropolitan
Secretary shall develop or procure eligible trans- planning organizations; SEC. 1501. TERRITORIAL AND PUERTO RICO
portation system access data sets and analytical (iv) enhance the capacity of States and metro- HIGHWAY PROGRAM.
tools and make such data sets and analytical politan planning organizations to— (a) IN GENERAL.—Section 165 of title 23,
tools available to State departments of transpor- (I) forecast transportation demand; and United States Code, is amended—
tation and metropolitan planning areas that (II) track observed transportation behavior re- (1) by striking subsection (a) and inserting the
represent transportation management areas. sponses, including induced transportation, to following:
(2) REQUIREMENTS.—An eligible transpor- changes in transportation capacity, pricing, and ‘‘(a) ANNUAL ALLOCATION.—For the Puerto
tation system access data set and analytical tool land use patterns; and Rico and territorial highway program, there
shall have the following characteristics: (v) develop transportation demand manage- shall be made available—
(A) The ability to quantify the level of safe, ment strategies to maximize the efficiency of the ‘‘(1) $340,000,000 for the Puerto Rico highway
reliable, and convenient transportation system transportation system, improve mobility, reduce program under subsection (b) for each of fiscal
access to— congestion, and lower vehicle emissions. years 2023 through 2026; and
(i) employment; (3) COVERED ENTITIES.—In carrying out the ‘‘(2) for the territorial highway program under
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(ii) services; and study under this section, the Secretary shall en- subsection (c)—
(iii) connections to other modes of transpor- sure that data and forecasts described in para- ‘‘(A) an amount equivalent to 0.002 of the
tation. graph (2)(A) are collected from— amount made available under section
(B) The ability to quantify transportation sys- (A) States; 1101(a)(1)(A) of the INVEST in America Act for
tem access for various modes of travel, includ- (B) metropolitan planning organizations that fiscal year 2023;
ing— serve an area with a population of 200,000 peo- ‘‘(B) an amount equivalent to 0.002 of the
(i) driving; ple or fewer; and amount made available under section
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3405
1101(a)(1)(B) of the INVEST in America Act for (2) by inserting after subsection (e) the fol- neers, Bureau of Reclamation, and the Bureau
fiscal year 2024; lowing: of Land Management.
‘‘(C) an amount equivalent to 0.002 of the ‘‘(f) TRIBAL HIGH PRIORITY PROJECTS PRO- ‘‘(ii) HIGH-COMMUTER CORRIDOR.—The term
amount made available under section GRAM.—Before making any distribution under ‘high-commuter corridor’ means a Federal lands
1101(a)(1)(C) of the INVEST in America Act for subsection (b), the Secretary shall set aside transportation facility that has an average an-
fiscal year 2025; and $50,000,000 from the funds made available under nual daily traffic of not less than 20,000 vehi-
‘‘(D) an amount equivalent to 0.002 of the the tribal transportation program for each fiscal cles.’’.
amount made available under section year to carry out the Tribal High Priority (b) GAO STUDY REGARDING NPS MAINTE-
1101(a)(1)(D) of the INVEST in America Act for Projects program under section 1123 of MAP–21 NANCE.—
fiscal year 2026.’’; (23 U.S.C. 202 note).’’. (1) STUDY.—The Comptroller General of the
(2) in subsection (b)(2) by adding at the end (b) TRIBAL HIGH PRIORITY PROJECTS PRO- United States shall study the National Park
the following: GRAM.—Section 1123 of MAP–21 (23 U.S.C. 202 Service maintenance prioritization of Federal
‘‘(D) TRANSFERABILITY.—Of the amounts de- note) is amended— lands transportation facilities.
scribed in clauses (i) and (ii) of subparagraph (1) in subsection (a)(1)(C) by striking ‘‘re- (2) CONTENTS.—At minimum, the study under
(C) for the Puerto Rico highway program, Puer- quired by that section’’ and inserting ‘‘required paragraph (1) shall examine—
to Rico may transfer not to exceed 50 percent in under such program’’; (A) general administrative maintenance of the
a fiscal year of such amounts for activities de- (2) in subsection (b)(1) by striking ‘‘use National Park Service;
scribed in clause (iii) of such subparagraph.’’. amounts made available under subsection (h) (B) how the National Park Service currently
(3) in subsection (c)(6)(A)— to’’; prioritizes maintenance of Federal facilities cov-
(A) by redesignating clauses (iv), (v), (vi), and (3) in subsection (d)— ered under the Federal Lands Transportation
(vii) as clauses (v), (vi), (vii), and (viii), respec- (A) in paragraph (2) by inserting ‘‘, in con- Program;
tively; and sultation with the Secretary of the Interior,’’ (C) what kind of maintenance the National
(B) by inserting after clause (iii) the fol- after ‘‘The Secretary’’; and Parkway Service is performing;
lowing: (B) in paragraph (3) by striking ‘‘of the Inte- (D) to what degree does the National Park
‘‘(iv) Ferry boats and terminal facilities that rior’’ each place it appears; Service prioritize high-commuter corridors; and
are privately or majority privately owned, in ac- (4) in subsection (f) by striking ‘‘$1,000,000’’ (E) how the National Park Service can better
cordance with paragraphs (1), (2), (4), (5), (6), and inserting ‘‘$5,000,000’’; service the needs of high commuter corridors.
and (7) of section 129(c), that provide a substan- (5) in subsection (g) by striking ‘‘and the Sec- (3) REPORT.—Not later than 1 year after the
tial public benefit.’’; and retary’’ and inserting ‘‘or the Secretary’’; and date of enactment of this Act, the Comptroller
(4) by adding at the end the following: (6) by striking subsection (h) and inserting the General shall submit to the Committee on Trans-
‘‘(d) PARTICIPATION OF TERRITORIES IN DIS- following: portation and Infrastructure of the House of
CRETIONARY PROGRAMS.—For any program in ‘‘(h) ADMINISTRATION.—The funds made Representatives and the Committee on Environ-
which the Secretary may allocate funds out of available to carry out this section shall be ad- ment and Public Works of the Senate a report
the Highway Trust Fund (other than the Mass ministered in the same manner as funds made summarizing the study and the results of such
Transit Account) to a State at the discretion of available for the Tribal transportation program study, including recommendations for address-
the Secretary, the Secretary may allocate funds under section 202 of title 23, United States ing the maintenance needs and prioritization of
to one or more territory for any project or activ- Code.’’. high-commuter corridors.
ity that otherwise would be eligible under such SEC. 1504. FEDERAL LANDS TRANSPORTATION (4) DEFINITION OF HIGH-COMMUTER COR-
program if such project or activity was being PROGRAM. RIDOR.—In this section, the term ‘‘high-com-
carried out in a State.’’. (a) IN GENERAL.—Section 203(a) of title 23, muter corridor’’ means a Federal lands trans-
(b) ACCESS AND DEVELOPMENT ROADS.—Sec- United States Code, is amended by adding at the portation facility that has average annual daily
tion 118(d) of title 23, United States Code, is end the following: traffic of not less than 20,000 vehicles.
amended by striking ‘‘and the Commonwealth of ‘‘(6) TRANSFER FOR HIGH-COMMUTER COR- SEC. 1505. FEDERAL LANDS AND TRIBAL MAJOR
Puerto Rico’’ and inserting ‘‘, the Common- RIDORS.— PROJECTS PROGRAM.
wealth of Puerto Rico, and any other territory ‘‘(A) REQUEST.—If the head of a covered (a) IN GENERAL.—Chapter 2 of title 23, United
of the United States’’. agency determines that a high-commuter cor- States Code, is amended by inserting after sec-
SEC. 1502. TRIBAL TRANSPORTATION PROGRAM.
ridor requires additional investment, based on tion 207 the following:
the criteria described in subparagraph (D), the
Section 202 of title 23, United States Code, is ‘‘§ 208. Federal lands and Tribal major
head of a covered agency, with respect to such
amended— projects program
corridor, shall submit to the State—
(1) in subsection (d)— ‘‘(i) information on condition of pavements ‘‘(a) ESTABLISHMENT.—The Secretary shall es-
(A) in paragraph (1) by striking ‘‘improving and bridges; tablish a Federal lands and Tribal major
deficient’’ and inserting ‘‘the construction and ‘‘(ii) an estimate of the amounts needed to projects program (referred to in this section as
reconstruction of’’; bring such corridor into a state of good repair, the ‘program’) to provide funding to construct,
(B) in paragraph (2)— taking into consideration any planned future reconstruct, or rehabilitate critical Federal
(i) in subparagraph (A) by inserting ‘‘con- investments; and lands and Tribal transportation infrastructure.
struct,’’ after ‘‘project to’’; and ‘‘(iii) at the discretion of the head of a covered ‘‘(b) ELIGIBLE APPLICANTS.—
(ii) in subparagraph (B)— agency, a request that the State transfer to the ‘‘(1) IN GENERAL.—Except as provided in para-
(I) by striking ‘‘deficient’’; and covered agency, under the authority of section graph (2), entities eligible to receive funds under
(II) by inserting ‘‘in poor condition’’ after 132 or section 204, or to the Federal Highway sections 201, 202, 203, and 204 may apply for
‘‘facility bridges’’; and Administration, under the authority of section funding under the program.
(C) in paragraph (3)— 104, a portion of such amounts necessary to ad- ‘‘(2) SPECIAL RULE.—A State, county, or unit
(i) in the heading by striking ‘‘ELIGIBLE dress the condition of the corridor. of local government may only apply for funding
BRIDGES’’ and inserting ‘‘ELIGIBILITY FOR EXIST- ‘‘(B) STATE RESPONSE.—Not later than 45 days under the program if sponsored by an eligible
ING BRIDGES’’; after the date of receipt of the request described Federal agency or Indian Tribe.
(ii) by striking ‘‘a bridge’’ and inserting ‘‘an in subparagraph (A)(iii), the State shall— ‘‘(c) ELIGIBLE PROJECTS.—An eligible project
existing bridge’’; and ‘‘(i) approve the request; under the program shall be on a Federal lands
(iii) in subparagraph (C) by striking ‘‘struc- ‘‘(ii) deny the request and explain the reasons transportation facility, a Federal lands access
turally deficient or functionally obsolete’’ and for such denial; or transportation facility, or a tribal transpor-
inserting ‘‘in poor condition’’; and ‘‘(iii) request any additional information nec- tation facility, except that such facility is not
(2) in subsection (e) by striking ‘‘for eligible essary to take action on the request. required to be included in an inventory de-
projects described in section 148(a)(4).’’ and in- ‘‘(C) NOTIFICATION TO THE SECRETARY.—The scribed in section 202 or 203, and for which—
serting the following: ‘‘for— head of a covered agency shall provide to the ‘‘(1) the project—
‘‘(A) eligible projects described in section Secretary a copy of any request described under ‘‘(A) has completed the activities required
148(a)(4); subparagraph (A)(iii) and response described under the National Environmental Policy Act of
‘‘(B) projects to promote public awareness and under subparagraph (B). 1969 (42 U.S.C. 4321 et seq.) which has been dem-
education concerning highway safety matters ‘‘(D) CRITERIA.—In making a determination onstrated through—
(including bicycle, all-terrain, motorcyclist, and under subparagraph (A), the head of a covered ‘‘(i) a record of decision with respect to the
pedestrian safety); or agency, with respect to the corridor, shall con- project;
‘‘(C) projects to enforce highway safety sider— ‘‘(ii) a finding that the project has no signifi-
laws.’’. ‘‘(i) the condition of roads, bridges, and tun- cant impact; or
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SEC. 1503. TRIBAL HIGH PRIORITY PROJECTS nels; and ‘‘(iii) a determination that the project is cat-
PROGRAM. ‘‘(ii) the average annual daily traffic. egorically excluded; or
(a) TRIBAL TRANSPORTATION PROGRAM.—Sec- ‘‘(E) DEFINITIONS.—In this paragraph: ‘‘(B) is reasonably expected to begin construc-
tion 202 of title 23, United States Code, is ‘‘(i) COVERED AGENCY.—The term ‘covered tion not later than 18 months after the date of
amended— agency’ means a Federal agency eligible to re- obligation of funds for the project; and
(1) by redesignating subsection (f) as sub- ceive funds under this section, section 203, or ‘‘(2) the project has an estimated cost equal to
section (g); and section 204, including the Army Corps of Engi- or exceeding—
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H3406 CONGRESSIONAL RECORD — HOUSE June 30, 2021
‘‘(A) $12,500,000 if it is on a Federal lands section in the table of contents under section ‘‘(A) affects the application of the Federal
transportation facility or a Federal lands access 1(b) of such Act, are repealed. share for a project carried out with a con-
transportation facility; and SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AF- tracting method under this subsection; or
‘‘(B) $5,000,000 if it is on a Tribal transpor- FAIRS. ‘‘(B) modifies the point of obligation of Fed-
tation facility. Section 102 of title 49, United States Code, is eral salaries and expenses.’’.
‘‘(d) ELIGIBLE ACTIVITIES.—Grant amounts re- amended— (b) USE OF ALTERNATIVE CONTRACTING METH-
ceived for a project under this section may be (1) in subsection (e)(1)— OD.—In carrying out the amendments made by
used for— (A) by striking ‘‘6 Assistant’’ and inserting ‘‘7 this section, the Secretary shall—
‘‘(1) development phase activities, including Assistant’’; (1) in consultation with the applicable Federal
planning, feasibility analysis, revenue fore- (B) in subparagraph (C) by striking ‘‘; and’’ land management agencies, establish procedures
casting, environmental review, preliminary engi- and inserting a semicolon; that are—
neering and design work, and other (C) by redesignating subparagraph (D) as sub- (A) applicable to each alternative contracting
preconstruction activities; and paragraph (E); and method; and
‘‘(2) construction, reconstruction, and reha- (D) by inserting after subparagraph (C) the (B) to the maximum extent practicable, con-
bilitation activities. following: sistent with requirements for Federal procure-
‘‘(e) APPLICATIONS.—Eligible applicants shall ‘‘(D) an Assistant Secretary for Tribal Gov- ment transactions;
submit to the Secretary an application at such ernment Affairs, who shall be appointed by the (2) solicit input on the use of each alternative
time, in such form, and containing such infor- President; and’’; and contracting method from any affected industry
mation as the Secretary may require. (2) in subsection (f)— prior to using such method; and
‘‘(f) PROJECT REQUIREMENTS.—The Secretary (A) in the heading by striking ‘‘DEPUTY AS- (3) analyze and prepare an evaluation of the
may select a project to receive funds under the SISTANT SECRETARY FOR TRIBAL GOVERNMENT use of each alternative contracting method.
program only if the Secretary determines that AFFAIRS’’ and inserting ‘‘OFFICE OF TRIBAL SEC. 1508. DIVESTITURE OF FEDERALLY OWNED
the project— GOVERNMENT AFFAIRS’’; and BRIDGES.
‘‘(1) improves the condition of critical trans- (B) by striking paragraph (1) and inserting (a) IN GENERAL.—The Commissioner of the
portation facilities, including multimodal facili- the following: Bureau of Reclamation may transfer ownership
ties; ‘‘(1) ESTABLISHMENT.—There is established in of a bridge that is owned by the Bureau of Rec-
‘‘(2) cannot be easily and efficiently completed the Department an Office of Tribal Government lamation if—
with amounts made available under section 202, Affairs, under the Assistant Secretary for Tribal (1) the ownership of the bridge is transferred
203, or 204; and Government Affairs, to— to a State with the concurrence of such State;
‘‘(3) is cost effective. ‘‘(A) oversee the Tribal transportation self- (2) the State to which ownership is transferred
‘‘(g) MERIT CRITERIA.—In making a grant governance program under section 207 of title agrees to operate and maintain the bridge;
under this section, the Secretary shall consider 23; (3) the transfer of ownership complies with all
whether the project— ‘‘(B) plan, coordinate, and implement policies applicable Federal requirements, including—
‘‘(1) will generate state of good repair, resil- and programs serving Indian Tribes and Tribal (A) section 138 of title 23, United States Code;
ience, economic competitiveness, quality of life, organizations; (B) section 306108 of title 54, United States
mobility, or safety benefits; ‘‘(C) coordinate Tribal transportation pro- Code; and
‘‘(2) in the case of a project on a Federal grams and activities in all offices and adminis- (C) the National Environmental Policy Act of
lands transportation facility or a Federal lands trations of the Department; 1969 (42 U.S.C. 4321 et seq.); and
access transportation facility, has costs matched ‘‘(D) provide technical assistance to Indian (4) the Bureau of Reclamation and the State
by funds that are not provided under this sec- Tribes and Tribal organizations; to which ownership is being transferred jointly
tion or this title; and ‘‘(E) be a participant in any negotiated notify the Secretary of Transportation of the in-
‘‘(3) generates benefits for land owned by mul- rulemakings relating to, or having an impact tent to conduct a transfer prior to such transfer.
tiple Federal land management agencies or In- on, projects, programs, or funding associated (b) ACCESS.—In a transfer of ownership of a
dian Tribes, or which spans multiple States. with the tribal transportation program under bridge under this section, the Commissioner of
‘‘(h) EVALUATION AND RATING.—To evaluate section 202 of title 23; and the Bureau of Reclamation—
applications, the Secretary shall— ‘‘(F) ensure that Department programs have (1) shall not be required to transfer ownership
‘‘(1) determine whether a project meets the re- in place, implement, and enforce requirements of the land on which the bridge is located or
quirements under subsection (f); and obligations for regular and meaningful con- any adjacent lands; and
‘‘(2) evaluate, through a discernable and sultation and collaboration with Tribes and (2) shall make arrangements with the State to
transparent methodology, how each application Tribal officials under Executive Order No. 13175 which ownership is being transferred to allow
addresses one or more merit criteria established and to serve as the primary advisor to the Sec- for adequate access to such bridge, including for
under subsection (g); retary and other Department components re- the purposes of construction, maintenance, and
‘‘(3) assign a rating for each merit criteria for garding violations of those requirements.’’. bridge inspections pursuant to section 144 of
each application; and SEC. 1507. ALTERNATIVE CONTRACTING METH- title 23, United States Code.
‘‘(4) consider applications only on the basis of ODS. SEC. 1509. STUDY ON FEDERAL FUNDING AVAIL-
such quality ratings and which meet the mini- (a) LAND MANAGEMENT AGENCIES AND TRIBAL ABLE TO INDIAN TRIBES.
mally acceptable level for each of the merit cri- GOVERNMENTS.—Section 201 of title 23, United Not later than January 31 of each year, the
teria. States Code, is amended by adding at the end Secretary of Transportation shall submit to the
‘‘(i) COST SHARE.— the following: Committee on Transportation and Infrastruc-
‘‘(1) FEDERAL LANDS PROJECTS.— ‘‘(f) ALTERNATIVE CONTRACTING METHODS.— ture of the House of Representatives and the
‘‘(A) IN GENERAL.—Notwithstanding section ‘‘(1) IN GENERAL.—Notwithstanding any other Committee on Environment and Public Works of
120, the Federal share of the cost of a project on provision of law, the Secretary may use a con- the Senate a report that—
a Federal lands transportation facility or a Fed- tracting method available to a State under this (1) identifies the number of Indian Tribes that
eral lands access transportation facility shall be title on behalf of— were direct recipients of funds under any discre-
up to 90 percent. ‘‘(A) a Federal land management agency, with tionary Federal highway, transit, or highway
‘‘(B) NON-FEDERAL SHARE.—Notwithstanding respect to any funds available pursuant to sec- safety program in the prior fiscal year;
any other provision of law, any Federal funds tion 203 or 204; (2) lists the total amount of such funds made
may be used to pay the non-Federal share of the ‘‘(B) a Federal land management agency, with available directly to such Tribes;
cost of a project carried out under this section. respect to any funds available pursuant to sec- (3) identifies the number and location of In-
‘‘(2) TRIBAL PROJECTS.—The Federal share of tion 1535 of title 31 for any eligible use described dian Tribes that were indirect recipients of
the cost of a project on a Tribal transportation in sections 203(a)(1) and 204(a)(1) of this title; or funds under any formula-based Federal high-
facility shall be 100 percent. ‘‘(C) a Tribal Government, with respect to any way, transit, or highway safety program in the
‘‘(j) USE OF FUNDS.—For each fiscal year, of funds available pursuant to section 202(b)(7)(D). prior fiscal year; and
the amounts made available to carry out this ‘‘(2) METHODS DESCRIBED.—The contracting (4) lists the total amount of such funds made
section, not more than 50 percent shall be used methods referred to in paragraph (1) shall in- available indirectly to such tribes through states
for eligible projects on Federal lands transpor- clude, at a minimum— or other direct recipients of Federal highway,
tation facilities or Federal lands access trans- ‘‘(A) project bundling; transit or highway safety funding.
portation facilities and Tribal transportation fa- ‘‘(B) bridge bundling; SEC. 1510. GAO STUDY.
cilities, respectively.’’. ‘‘(C) design-build contracting; (a) IN GENERAL.—The Comptroller General of
(b) CLERICAL AMENDMENT.—The analysis for ‘‘(D) 2-phase contracting; the United States shall conduct a study on the
chapter 2 of title 23, United States Code, is
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‘‘(E) long-term concession agreements; and deferred maintenance of United States forest
amended by inserting after the item relating to ‘‘(F) any method tested, or that could be test- roads, including—
section 207 the following new item: ed, under an experimental program relating to (1) the current backlog;
‘‘208. Federal lands and Tribal major projects contracting methods carried out by the Sec- (2) the current actions on such maintenance
program.’’. retary. and backlog;
(c) REPEAL.—Section 1123 of the FAST Act (23 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this (3) the impacts of public safety due to such
U.S.C. 201 note), and the item related to such subsection— deferred maintenance; and
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3407
(4) recommendations for Congress on ways to (d) INCLUSIONS.—A vision zero plan may in- communications capability’’ in section 706 of the
address such backlog. clude a complete streets prioritization plan that Telecommunications Act of 1996 (47 U.S.C. 1302).
(b) REPORT.—Not later than 1 year after the identifies a specific list of projects to— (3) BROADBAND CONDUIT.—The term
date of enactment of this Act, the Comptroller (1) create a connected network of active trans- ‘‘broadband conduit’’ means a conduit or
General of the United States shall submit to the portation facilities, including sidewalks, bike- innerduct for fiber optic cables (or successor
Committee on Transportation and Infrastruc- ways, or pedestrian and bicycle trails, to con- technology of greater quality and speed) that
ture of the House of Representatives and the nect communities and provide safe, reliable, af- supports the provision of broadband.
Committee on Environment and Public Works of fordable, and convenient access to employment, (4) BROADBAND INFRASTRUCTURE.—The term
the Senate a report containing the results of the housing, and services, consistent with the goals ‘‘broadband infrastructure’’ means any buried
study conducted under subsection (a). described in section 150(b) of title 23, United or underground facility and any wireless or
SEC. 1511. FEDERAL LANDS ACCESS PROGRAM. States Code; wireline connection that enables the provision
(a) IN GENERAL.—Section 204(a) of title 23, (2) integrate active transportation facilities of broadband.
United States Code, is amended— with public transportation service or improve (5) BROADBAND PROVIDER.—The term
(1) in paragraph (1)(A)— access to public transportation; and ‘‘broadband provider’’ means an entity that pro-
(A) in the matter preceding clause (i), by in- (3) improve transportation options for low-in- vides broadband to any person, including, with
serting ‘‘context-sensitive solutions,’’ after ‘‘res- come and minority communities. respect to such entity—
toration,’’; (e) COORDINATION.—A vision zero plan under (A) a corporation, company, association, firm,
(B) in clause (i), by inserting ‘‘, including in- this section shall provide for coordination of partnership, nonprofit organization, or any
terpretive panels in or adjacent to those areas’’ various subdivisions of a unit of local govern- other private entity;
after ‘‘areas’’; ment in the implementation of the plan, includ- (B) a State or local broadband provider;
(C) in clause (v), by striking ‘‘and’’ at the ing subdivisions responsible for law enforce- (C) an Indian Tribe; and
end; ment, public health, data collection, and public (D) a partnership between any of the entities
(D) by redesignating clause (vi) as clause (ix); works. described in subparagraphs (A), (B), and (C).
and (f) SAFETY PERFORMANCE MANAGEMENT.—A (6) COVERED HIGHWAY CONSTRUCTION
(E) by inserting after clause (v) the following: vision zero plan under this section is not suffi- PROJECT.—
‘‘(vi) contextual wayfinding markers; cient to demonstrate compliance with the safety (A) IN GENERAL.—The term ‘‘covered highway
‘‘(vii) landscaping; performance or planning requirements of section construction project’’ means, without regard to
‘‘(viii) cooperative mitigation of visual blight, 148 or 150 of title 23, United States Code. ownership of a highway, a project funded under
including screening or removal; and’’; and (g) GUIDANCE ON SAFE SYSTEM APPROACH.— title 23, United States Code, and administered
(2) by adding at the end the following: The Secretary of Transportation shall develop by a State department of transportation to con-
‘‘(6) NATIVE PLANT MATERIALS.—In carrying guidance on the consideration of a safe system struct a new highway or an additional lane for
out an activity described in paragraph (1), the approach in project planning, scoping, and de- an existing highway, to reconstruct an existing
Secretary shall ensure that the entity carrying sign to facilitate the implementation of vision highway, or new construction, including con-
out the activity considers— zero plans under this section and vulnerable struction of a paved shoulder.
‘‘(A) the use of locally adapted native plant road user assessments under section 148 of title (B) EXCLUSIONS.—The term ‘‘covered highway
materials; and 23, United States Code. construction project’’ excludes any project—
‘‘(B) designs that minimize runoff and heat (h) DEFINITIONS.—In this section, the terms (i) awarded before the date on which regula-
generation.’’. ‘‘safe system approach’’ and ‘‘vulnerable road tions required under subsection (b) take effect;
(b) FEDERAL SHARE.—Section 201(b)(7)(B) of user safety assessment’’ have the meanings (ii) that does not include work beyond the
title 23, United States Code, is amended by strik- given such terms in section 148 of title 23, United edge of pavement or current paved shoulder;
ing ‘‘determined in accordance with section States Code. (iii) that is less than a mile in length; or
120’’, and inserting ‘‘up to 100 percent’’. SEC. 1602. SPEED LIMITS. (iv) that is—
(a) SPEED LIMITS.—The Secretary of Trans- (I) a project primarily for resurfacing, restora-
Subtitle F—Additional Provisions
portation shall revise the Manual on Uniform tion, rehabilitation, or maintenance;
SEC. 1601. VISION ZERO. (II) a bicycle, pedestrian, transportation alter-
Traffic Control Devices to provide for a safe sys-
(a) IN GENERAL.—A local government, metro- tem approach to setting speed limits, consistent natives, sidewalk, recreational trails, or safe
politan planning organization, or regional with the safety recommendations issued by the routes to school project;
transportation planning organization may de- National Transportation Safety Board on Au- (III) an operational improvement (as such
velop and implement a vision zero plan to sig- gust 15, 2017, numbered H–17–27 and H–17–028. term is defined in section 101 of title 23, United
nificantly reduce or eliminate transportation-re- (b) CONSIDERATIONS.—In carrying out sub- States Code);
lated fatalities and serious injuries within a paragraph (A), the Secretary shall consider— (IV) a project primarily to install signage; or
specified timeframe, not to exceed 20 years. (1) crash statistics; (V) a culvert project.
(b) USE OF FUNDS.—Amounts apportioned to a (2) road geometry characteristics; (7) DIG ONCE REQUIREMENT.—The term ‘‘dig
State under paragraph (2) or (3) of section (3) roadside characteristics; once requirement’’ means a requirement de-
104(b) of title 23, United States Code, may be (4) traffic volume; signed to reduce the cost and accelerate the de-
used— (5) the possibility and likelihood of human ployment of broadband by minimizing the num-
(1) to carry out vision zero planning under error; ber and scale of repeated excavations for the in-
this section or a vulnerable road user safety as- (6) human injury tolerance; stallation and maintenance of broadband con-
sessment; and (7) the prevalence of vulnerable road users; duit or broadband infrastructure in rights-of-
(2) to implement an existing vision zero plan. and way.
(c) CONTENTS OF PLAN.—A vision zero plan (8) any other consideration, consistent with a (8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
under this section shall include— safe system approach, as determined by the Sec- has the meaning given such term in section 4(e)
(1) a description of programs, strategies, or retary. of the Indian Self-Determination and Education
policies intended to significantly reduce or (c) REPORT ON SPEED MANAGEMENT PROGRAM Assistance Act (25 U.S.C. 5304(e)).
eliminate transportation-related fatalities and PLAN.—Not later than 1 year after the date of (9) NTIA ADMINISTRATOR.—The term ‘‘NTIA
serious injuries within a specified timeframe, not enactment of this Act, the Secretary shall up- Administrator’’ means the Assistant Secretary of
to exceed 20 years, that is consistent with a date and report on the implementation progress Commerce for Communications and Information.
State strategic highway safety plan and uses ex- of the Speed Management Program Plan of the (10) PROJECT.—The term ‘‘project’’ has the
isting transportation data and consideration of Department of Transportation, as described in meaning given such term in section 101 of title
risk factors; the safety recommendation issued by the Na- 23, United States Code.
(2) plans for implementation of, education of tional Transportation Safety Board on August (11) SECRETARY.—The term ‘‘Secretary’’ means
the public about, and enforcement of such pro- 15, 2017, numbered H–17–018. the Secretary of Transportation.
grams, strategies, or policies; (d) DEFINITIONS.—In this section, the terms (12) STATE.—The term ‘‘State’’ has the mean-
(3) a description of how such programs, strate- ‘‘safe system approach’’ and ‘‘vulnerable road ing given such term in section 401 of title 23,
gies, or policies, and the enforcement of such user’’ have the meanings given such terms in United States Code.
programs, strategies, or policies will— section 148(a) of title 23, United States Code. (13) STATE OR LOCAL BROADBAND PROVIDER.—
(A) equitably invest in the safety needs of SEC. 1603. DIG ONCE FOR BROADBAND INFRA- The term ‘‘State or local broadband provider’’
low-income and minority communities; STRUCTURE DEPLOYMENT. means a State or political subdivision thereof, or
(B) ensure that such communities are not dis- (a) DEFINITIONS.—In this section: any agency, authority, or instrumentality of a
proportionately targeted by law enforcement; (1) APPROPRIATE STATE AGENCY.—The term State or political subdivision thereof, that pro-
and ‘‘appropriate State agency’’ means a State gov- vides broadband to any person or facilitates the
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(C) protect the rights of members of such com- ernmental agency that is recognized by the exec- provision of broadband to any person in such
munities with respect to title VI of the Civil utive branch of the State as having the experi- State.
Rights Act of 1964 (42 U.S.C. 2000d et seq.); and ence necessary to evaluate and facilitate the in- (b) DIG ONCE REQUIREMENT.—Not later than
(4) a description of a mechanism to evaluate stallation and operation of broadband infra- 12 months after the date of enactment of this
progress of the development and implementation structure within the State. Act, to facilitate the installation of broadband
of the plan, including the gathering and use of (2) BROADBAND.—The term ‘‘broadband’’ has infrastructure, the Secretary shall issue such
transportation safety and demographic data. the meaning given the term ‘‘advanced tele- regulations as may be necessary to ensure that
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H3408 CONGRESSIONAL RECORD — HOUSE June 30, 2021
each State that receives funds under chapter 1 eled way, is consistent with part 645 of title 23, right-of-way, in accordance with applicable
of title 23, United States Code, complies with the Code of Federal Regulations, and any accommo- Federal requirements.
following provisions: dation policies of the State under such part to (E) TREATMENT OF PROJECTS.—Notwith-
(1) BROADBAND PLANNING AND NOTICE.—The reasonably enable deployment of such conduit, standing any other provision of law, broadband
State department of transportation, in consulta- infrastructure, and means or points of access, conduit and broadband infrastructure installa-
tion with appropriate State agencies, shall— and any Damage Prevention and Underground tion projects installed by a State under this
(A) review existing State broadband plans, in- Facilities Protection or related requirements of paragraph shall comply with section 113(a) of
cluding existing dig once requirements of the the State; title 23, United States Code.
State, municipal governments incorporated (ii) an appropriate number of broadband con- (F) WAIVER AUTHORITY.—
under State law, and Indian tribes within the duits, as determined in consultation with the (i) IN GENERAL.—A State department of trans-
State, to determine opportunities to coordinate appropriate State agencies, are installed along portation may waive the required installation of
covered highway construction projects occurring the right-of-way of a covered highway construc- broadband conduit for part or all of any covered
within or across highway rights-of-way with tion project to accommodate multiple broadband highway construction project under this para-
planned broadband infrastructure projects; providers, with consideration given to the avail- graph if, in the determination of the State de-
(B) identify a broadband coordinator, who ability of existing broadband conduits; partment of transportation—
may have additional responsibilities in the State (iii) the size of each broadband conduit is con- (I) broadband infrastructure, terrestrial
department of transportation or in another sistent with industry best practices, consistent broadband infrastructure, aerial broadband
State agency, that is responsible for facilitating fiber cables, or broadband conduit is present
with the requirements of part 645 of title 23,
the broadband infrastructure right-of-way ef- near a majority of the length of the covered
Code of Federal Regulations, and sufficient to
highway construction project;
forts within the State; and accommodate anticipated demand, as deter- (II) installation of terrestrial or aerial
(C) establish a process— mined in consultation with the appropriate broadband fiber cables associated with the cov-
(i) for the registration of broadband providers State agencies; ered highway construction project is more ap-
that seek to be included in the advance notifica- (iv) any hand holes and manholes necessary
propriate for the context or a more cost-effective
tion of, and opportunity to participate in, for fiber access and pulling with respect to such
means to facilitate broadband service to an area
broadband infrastructure right-of-way facilita- conduit are placed at intervals consistent with not adequately served by broadband and such
tion efforts within the State; and standards determined in consultation with the installation is present or planned;
(ii) to electronically notify all broadband pro- appropriate State agencies (which may differ by (III) the installation of broadband conduit in-
viders registered under clause (i)— type of road, topologies, and rurality) the re- creases overall costs of a covered highway con-
(I) of the State transportation improvement quirements of part 645 of title 23, Code of Fed- struction project by 1.5 percent or greater;
program on at least an annual basis; and eral Regulations, and other applicable safety re- (IV) the installation of broadband conduit as-
(II) of covered highway construction projects quirements; sociated with the covered highway construction
within the highway right-of-way for which Fed- (v) each broadband conduit installed pursu- project is not reasonably expected to be utilized
eral funding is expected to be obligated in the ant to this paragraph includes a pull tape and or connected to future broadband infrastructure
subsequent fiscal year. is capable of supporting fiber optic cable place- in the 20 years following the date on which such
(2) COORDINATION AND COMPLIANCE.— ment techniques consistent with best practices determination is made, as determined by the
(A) MOBILE NOW ACT.—A State department of and the requirements of part 645 of title 23, Code State department of transportation, in consulta-
transportation shall be considered to meet the of Federal Regulations; tion with appropriate State agencies and poten-
requirements of subparagraphs (B) and (C) of (vi) broadband conduit is placed at a depth tially affected local governments and Indian
paragraph (1) if such State department of trans- consistent with requirements of the covered tribes;
portation has been determined to be in compli- highway construction project and best practices (V) the requirements of this paragraph would
ance with the requirements established under and that, in determining the depth of place- require installation of conduit redundant with a
section 607 of division P of the Consolidated Ap- ment, consideration is given to the location of dig once requirement of a local government or
propriations Act, 2018 (47 U.S.C. 1504). existing utilities and cable separation require- Indian tribe;
(B) WEBSITE.—A State department of trans- ments of State and local electrical codes; and (VI) there exists a circumstance involving
portation shall be considered to meet the re- (vii) installation of broadband conduit shall force majeure; or
quirements of paragraph (1)(C) if the State pub- not preclude the installation of other specific so- (VII) the installation of conduit is not appro-
lishes on a public website— cially, environmentally, or economically bene- priate based on other relevant factors estab-
(i) the State transportation improvement pro- ficial uses of the right-of-way, such as planned lished by the Secretary in consultation with the
gram on at least an annual basis; and energy transmission or renewable energy gen- NTIA Administrator through regulation.
(ii) covered highway construction projects eration projects. (ii) CONTENTS OF WAIVER.—A waiver author-
within the highway right-of-way for which Fed- (C) PROGRAMMATIC REVIEW.—The State de- ized under this subparagraph shall—
eral funding is expected to be obligated in the partment of transportation may make deter- (I) identify the covered highway construction
subsequent fiscal year. minations on the implementation of the require- project; and
(C) COORDINATION.—The State department of ments described in subparagraph (B) on a pro- (II) include a brief description of the deter-
transportation, in consultation with appropriate grammatic basis. mination of the State for issuing such waiver.
State agencies, shall by rule or regulation estab- (D) ACCESS.— (iii) AVAILABILITY OF WAIVER.—Notification of
lish a process for a broadband provider to com- (i) IN GENERAL.—The State department of a waiver authorized under this subparagraph
mit to installing broadband conduit or transportation shall ensure that any requesting shall be made publicly available, such as on a
broadband infrastructure as part of any covered broadband provider has access to each public website of the State department of trans-
highway construction project. broadband conduit installed by the State pursu- portation described in paragraph (2)(B).
(iv) WAIVER DETERMINATION.—
(D) APPROPRIATE STATE AGENCY.—In lieu of ant to this paragraph, on a competitively neu- (I) IN GENERAL.—The State department of
the State department of transportation, at the tral and nondiscriminatory basis and in accord- transportation shall be responsible for the waiv-
discretion of the State, an appropriate State ance with State permitting, licensing, leasing, or er determination described under this para-
agency, in consultation with the State depart- other similar laws and regulations. graph, consistent with the regulation issued
ment of transportation, may carry out the re- (ii) SOCIALLY BENEFICIAL USE.—The installa- pursuant to this subsection, and may grant a
quirements of paragraph (1). tion of broadband conduit as part of a covered programmatic waiver for categories of projects
(3) REQUIRED INSTALLATION OF BROADBAND highway construction project shall be consid- excluded under this subparagraph.
CONDUIT.— ered a socially-beneficial use of the right-of-way (II) NO PRIVATE CAUSE OF ACTION.—The waiv-
(A) IN GENERAL.—The State department of under section 156(b) of title 23, United States er determination described under this paragraph
transportation shall install broadband conduit, Code. shall be final and conclusive. Nothing in this
in accordance with this paragraph (except as (iii) IN-KIND COMPENSATION.—The State de- section shall provide a private right or cause of
described in subparagraph (F)), as part of any partment of transportation may negotiate in- action to challenge such determination in any
covered highway construction project, unless a kind compensation with any broadband pro- court of law.
broadband provider has committed to install vider requesting access to broadband conduit in- (4) PRIORITY.—If a State provides for the in-
broadband conduit or broadband infrastructure stalled under the provisions of this paragraph. stallation of broadband infrastructure or
as part of such project in a process described (iv) SAFETY CONSIDERATIONS.—The State de- broadband conduit in the right-of-way of a cov-
under paragraph (2)(C). partment of transportation shall provide for a ered highway construction project, the State de-
(B) INSTALLATION REQUIREMENTS.—In install- process for a broadband provider to safely ac- partment of transportation, along with appro-
ing broadband conduit or broadband infrastruc- cess to the highway right-of-way during instal- priate State agencies, shall carry out appro-
ture as part of a covered highway construction lation and on-going maintenance of the priate measures to ensure that an existing
project, the State department of transportation broadband conduit and broadband infrastruc- broadband provider is afforded access that is
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shall ensure that— ture, including a traffic control safety plan. non-discriminatory, competitively neutral, and
(i) installation pursuant to this paragraph of (v) COMMUNICATION.—A broadband provider equal in opportunity, as compared to other
broadband conduit, broadband infrastructure, with access to the conduit installed pursuant to broadband providers, with respect to the pro-
and means or points of access to such conduit or this subsection shall notify, and receive permis- gram under this subsection.
infrastructure (such as poles, hand holes, man- sion from, the relevant agencies of State respon- (c) GUIDANCE FOR THE INSTALLATION OF
holes, pull tape, or ducts) shall provide for the sible for the installation of such broadband con- BROADBAND CONDUIT.—The Secretary, in con-
current and future safe operation of the trav- duit prior to accessing any highway or highway sultation with the NTIA Administrator, shall
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3409
issue guidance for best practices related to the law, or an Indian Tribe to install or allow for (I) the Committee on Transportation and In-
installation of broadband conduit as described the installation of equipment essential for the frastructure of the House of Representatives;
in subsection (b)(2) and of conduit and similar provision of commercial mobile services (as de- (II) the Committee on Energy and Commerce
infrastructure for intelligent transportation sys- fined in section 332(d) of the Communications of the House of Representatives; and
tems (as such term is defined in section 501 of Act of 1934 (47 U.S.C. 332(d))) or commercial mo- (III) the Committee on Appropriations of the
title 23, United States Code) that may utilize bile data service (as defined in section 6001 of House of Representatives; and
broadband conduit installed pursuant to sub- the Middle Class Tax Relief and Job Creation (iii) 6 members jointly appointed by the major-
section (b)(2). Act of 2012 (47 U.S.C. 1401)), other than ity leader and minority leader of the Senate, in
(d) CONSULTATION.— broadband conduit and associated equipment consultation with the respective Chairs and
(1) IN GENERAL.—In issuing regulations re- described in paragraph (3)(B). Ranking Members of the—
quired by this subsection or to implement any (3) RELATION TO STATE DIG ONCE REQUIRE- (I) the Committee on Environment and Public
part of this section, the Secretary shall con- MENTS.—Nothing in subsections (b), (c), (d), or Works of the Senate;
sult— (e) or any regulations issued pursuant to sub- (II) the Committee on Commerce, Science, and
(A) the NTIA Administrator; section (b) shall be construed to alter or super- Transportation of the Senate; and
(B) the Federal Communications Commission; (III) the Committee on Appropriations of the
sede any provision of a State law or regulation
(C) State departments of transportation; Senate.
that provides for a dig once requirement that in- (B) CO-CHAIRS.—The Task Force shall be co-
(D) appropriate State agencies; cludes similar or more stringent requirements to
(E) agencies of local governments responsible chaired by the Secretary and the NTIA Adminis-
the provisions of subsections (b), (c), (d), or (e) trator, or the designees of the Secretary and
for transportation and rights-of-way, utilities, and any regulations promulgated under sub-
and telecommunications and broadband; NTIA Administrator.
section (b). (C) COMPOSITION.—The Task Force shall in-
(F) Indian tribes; (g) DIG ONCE FUNDING TASK FORCE.—
(G) broadband providers; and clude at least—
(1) ESTABLISHMENT.—The Secretary and the (i) 1 representative from a State department of
(H) manufacturers of optical fiber, conduit, NTIA Administrator shall jointly establish an
pull tape, and related items. transportation;
independent task force on funding the nation- (ii) 1 representative from a local government;
(2) BROADBAND USERS.—The Secretary shall wide dig once requirement described in this sec- (iii) 1 representative from an Indian tribe;
ensure that the entities consulted under sub- tion to be known as the ‘‘Dig Once Funding (iv) 1 representative from a broadband pro-
paragraphs (C) through (F) of paragraph (1) in- Task Force’’ (hereinafter referred to as the vider;
clude entities that have expertise with rural ‘‘Task Force’’). (v) 1 representative from a State or local
areas and populations with limited access to (2) DUTIES.—The duties of the Task Force broadband provider;
broadband infrastructure. shall be to— (vi) 1 representative from a labor union; and
(3) BROADBAND PROVIDERS.—The Secretary (A) estimate the annual cost for implementing, (vii) 1 representative from a public interest or-
shall ensure that the entities consulted under administering, and maintaining a nationwide ganization.
subparagraph (G) of paragraph (1) include enti- dig once requirement; (D) APPOINTMENT DEADLINE.—Members shall
ties that provide broadband to rural areas and (B) propose and evaluate options for funding be appointed to the Task Force not later than 60
populations with limited access to broadband in- a nationwide dig once requirement described in days after the date of enactment of this Act.
frastructure. this section that includes— (E) TERMS.—Members shall be appointed for
(4) CONSULTING SMALL MUNICIPALITIES.—The (i) a discussion of the role and potential share the life of the Task Force. A vacancy in the
Secretary shall ensure that the agencies of local of costs of— Task Force shall not affect the powers of the
governments consulted under subparagraph (E) (I) the Federal Government; Task Force and the vacancy shall be filled in
of paragraph (1) include rural areas, specifi- (II) State and local governments and Indian the same manner as the initial appointment was
cally agencies of local governments with popu- tribes; and made.
lations less than 50,000. (III) broadband providers installing (5) CONSULTATIONS.—In carrying out the du-
(e) OVERSIGHT.— broadband conduit or broadband infrastructure ties required under this subsection, the Task
(1) IN GENERAL.—The Secretary shall periodi- under this section; Force shall consult, at a minimum—
cally review compliance with the regulations (ii) consideration of the role of existing dig (A) the Federal Communications Commission;
issued pursuant to this section and ensure that once requirements on States, local governments, (B) agencies of States including—
State waiver determinations are consistent with (i) State departments of transportation; and
and Indian tribes and the role of private
(ii) appropriate State agencies;
such regulations. broadband investment, with a goal to not dis- (C) agencies of local governments responsible
(2) EFFICIENT REVIEW.—The review described courage or disincentivize such dig once require- for transportation and rights-of-way, utilities,
under paragraph (1) may be carried out through ments or such investment; and and telecommunications and broadband;
the risk-based stewardship and oversight pro- (iii) evaluating the appropriate entity or enti- (D) Indian tribes;
gram described under section 106(g) of title 23, ties responsible for maintaining the broadband (E) broadband providers and other tele-
United States Code. infrastructure and conduit installed pursuant to communications providers;
(3) EFFECT OF SUBSECTION.—Nothing in this a dig once requirement; and (F) labor unions; and
subsection shall affect or discharge any over- (C) propose a cost-based model fee schedule (G) State or local broadband providers and In-
sight responsibility of the Secretary specifically for a State to charge a broadband provider to dian tribes that act as broadband providers.
provided for under title 23, United States Code, access and use conduit installed by such State (6) ADDITIONAL PROVISIONS.—
or any other Federal law. pursuant to this section that— (A) EXPENSES FOR NON-FEDERAL MEMBERS.—
(f) ADDITIONAL PROVISIONS.— (i) shall consider costs (including administra- Non-Federal members of the Task Force shall be
(1) APPLICABILITY.— tive costs) associated with installation and long- allowed travel expenses, including per diem in
(A) IN GENERAL.—The portion of the regula- term maintenance of the broadband conduit in- lieu of subsistence, at rates authorized for em-
tion issued pursuant to subsection (b) relating to stalled pursuant to this section; ployees under subchapter I of chapter 57 of title
the provisions under paragraph (3) of such sub- (ii) may vary by topography, location, type of 5, United States Code, while away from the
section shall not take effect until a source of road, rurality, and other factors; and homes or regular places of business of such
dedicated funding for the installation and long (iii) may consider financial and market incen- members in the performance of services for the
term maintenance of broadband conduit de- tives for expanding broadband infrastructure. Task Force.
scribed in subsection (g)(2) is established. (3) REPORTS.— (B) STAFF.—Staff of the Task Force shall com-
(B) APPLICABILITY DATE.—Paragraphs (2) (A) INTERIM REPORT AND BRIEFING.—Not later prise detailees with relevant expertise from the
through (4) of subsection (b) and subsection (d) than 9 months after the appointment of Mem- Department of Transportation and the National
shall apply only to covered highway construc- bers to the Task Force under paragraph (4)(D), Telecommunications and Information Adminis-
tion projects for which Federal obligations or the Task Force shall— tration, or another Federal agency that the co-
expenditures are initially approved on or after (i) submit to Congress an interim report on the chairpersons consider appropriate, with the con-
the date on which regulations required under findings of the Task Force; and sent of the head of the Federal agency, and
this subsection take effect. (ii) provide briefings for Congress on the find- such detailees shall retain the rights, status,
(2) RULES OF CONSTRUCTION.— ings of the Task Force. and privileges of the regular employment of
(A) STATE LAW.—Nothing in this subsection (B) FINAL REPORT.—Not later than 3 months such detailees without interruption.
shall be construed to require a State to install or after the submission of the interim report under (C) ADMINISTRATIVE ASSISTANCE.—The Sec-
allow the installation of broadband conduit or subparagraph (A), the Task Force shall submit retary and NTIA Administrator shall provide to
broadband infrastructure— to Congress a final report on the findings of the the Task Force on a reimbursable basis adminis-
(i) that is otherwise inconsistent with what is Task Force. trative support and other services for the per-
allowable under State law; or (4) MEMBERS.— formance of the functions of the Task Force.
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(ii) where the State lacks the authority for (A) APPOINTMENTS.—The Task Force shall (7) TERMINATION.—The Task Force shall ter-
such installation, such as any property right or consist of 14 members, comprising— minate not later than 90 days after submission
easement necessary for such installation. (i) 2 co-chairs described in subparagraph (B); of the final report required under paragraph
(B) NO REQUIREMENT FOR INSTALLATION OF (ii) 6 members jointly appointed by the Speak- (3)(B).
MOBILE SERVICES EQUIPMENT.—Nothing in this er and minority leader of the House of Rep- SEC. 1604. STORMWATER BEST MANAGEMENT
section shall be construed to require a State, a resentatives, in consultation with the respective PRACTICES.
municipal government incorporated under State Chairs and Ranking Members of— (a) STUDY.—
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H3410 CONGRESSIONAL RECORD — HOUSE June 30, 2021
(1) IN GENERAL.—Not later than 180 days after management practices reports have been incor- (E) Inclusion of the Commonwealth of Puerto
the date of enactment of this Act, the Secretary porated (including by reference) into applicable Rico in the apportionment under subsections (b)
of Transportation and the Administrator shall regulations of the Secretary. and (c) of section 104 of such title, including an
seek to enter into an agreement with the Trans- (c) DEFINITIONS.—In this section: estimate of the anticipated contributions to the
portation Research Board of the National Acad- (1) ADMINISTRATOR.—The term ‘‘Adminis- Highway Trust Fund from the citizens of Puerto
emy of Sciences to under which the Transpor- trator’’ means the Administrator of the Environ- Rico if Puerto Rico was subject to applicable
tation Research Board shall conduct a study— mental Protection Agency. highway user fees.
(A) to estimate pollutant loads from (2) BEST MANAGEMENT PRACTICES REPORTS.— (F) A needs-based assessment of the share of
stormwater runoff from highways and pedes- The term ‘‘best management practices reports’’ Federal-aid highway funds that should be made
trian facilities eligible for assistance under title means— available to the territories described under sec-
23, United States Code, to inform the develop- (A) the 2014 report sponsored by the Depart- tion 165(c) of such title.
ment of appropriate total maximum daily load ment of Transportation titled ‘‘Determining the (G) Any other factors that the Secretary deter-
requirements; State of the Practice in Data Collection and mines are appropriate.
(B) to provide recommendations (including Performance Measurement of Stormwater Best (4) RECOMMENDATIONS.—The Secretary shall,
recommended revisions to existing laws and reg- Management Practices’’ (FHWA–HEP–16–021); in consultation with the State departments of
ulations) regarding the evaluation and selection and transportation and representatives of local gov-
by State departments of transportation of poten- (B) the 2000 report sponsored by the Depart- ernments (including metropolitan planning or-
tial stormwater management and total maximum ment of Transportation titled ‘‘Stormwater Best ganizations), develop recommendations on a
daily load compliance strategies within a water- Management Practices in an Ultra-Urban Set- new apportionment method, including—
shed, including environmental restoration and ting: Selection and Monitoring’’. (A) the factors recommended to be included in
pollution abatement carried out under section (3) TOTAL MAXIMUM DAILY LOAD.—The term such apportionment method;
328 of title 23, United States Code; ‘‘total maximum daily load’’ has the meaning (B) the weighting recommended to be applied
(C) to examine the potential for the Secretary given such term in section 130.2 of title 40, Code to the factors under subparagraph (A); and
to assist State departments of transportation in of Federal Regulations (or successor regula- (C) any other recommendations to ensure that
carrying out and communicating stormwater tions). the apportionment method best achieves an eq-
management practices for highways and pedes- SEC. 1605. PEDESTRIAN FACILITIES IN THE PUB- uitable distribution of funds described under
trian facilities that are eligible for assistance LIC RIGHT-OF-WAY. paragraph (2)(A) and the goals described in
under title 23, United States Code, through in- (a) IN GENERAL.—Not later than 180 days paragraph (2)(B).
formation-sharing agreements, database assist- after the date of enactment of this Act, the Ar- (b) CMAQ FORMULA MODERNIZATION
ance, or an administrative platform to provide chitectural and Transportation Barriers Compli- STUDY.—
the information described in subparagraphs (A) ance Board under the authority of section (1) IN GENERAL.—Not later than 1 year after
and (B) to entities issued permits under the Fed- 502(b)(3) of the Rehabilitation Act of 1973 (29 the date of enactment of this Act, the Secretary
eral Water Pollution Control Act (33 U.S.C. 1251 U.S.C. 792(b)(3)), shall publish final accessibility of Transportation, in consultation with the Ad-
et seq.); and guidelines setting forth minimum standards for ministrator of the Environmental Protection
(D) to examine the benefit of concentrating pedestrian facilities in the public right-of-way, Agency, shall conduct an CMAQ formula mod-
stormwater retrofits in impaired watersheds and including shared use paths. ernization study to assess whether the appor-
selecting such retrofits according to a process (b) ADOPTION OF REGULATIONS.—Not later tionment method under section 104(b)(4) of title
that depends on a watershed management plan than 180 days after the establishment of the 23, United States Code, results in a distribution
developed in accordance with section 319 of the guidelines pursuant to subsection (a), the Sec- of funds that best achieves the air quality goals
Federal Water Pollution Control Act (33 U.S.C. retary shall issue such regulations as are nec- of section 149 of such title.
1329). essary to adopt such guidelines. (2) CONSIDERATIONS.—In providing consulta-
(2) REQUIREMENTS.—In conducting the study SEC. 1606. HIGHWAY FORMULA MODERNIZATION tion under this subsection, the Administrator of
under the agreement entered into pursuant to REPORT. the Environmental Protection Agency shall pro-
paragraph (1), the Transportation Research (a) HIGHWAY FORMULA MODERNIZATION vide to the Secretary an analysis of—
Board shall— STUDY.— (A) factors that contribute to the apportion-
(A) review and supplement, as appropriate, (1) IN GENERAL.—The Secretary of Transpor- ment, including population, types of pollutants,
the methodologies examined and recommended tation, in consultation with the State depart- and severity of pollutants, as such factors were
in the 2019 report of the National Academies of ments of transportation and representatives of determined on the date prior to the date of en-
Sciences, Engineering, and Medicine titled ‘‘Ap- local governments (including metropolitan plan- actment of MAP–21;
proaches for Determining and Complying with ning organizations), shall conduct a highway (B) the weighting of the factors listed under
TMDL Requirements Related to Roadway formula modernization study to assess the meth- subparagraph (A); and
Stormwater Runoff’’; od and data used to apportion Federal-aid high- (C) the recency of the data used in making the
(B) consult with— way funds under subsections (b) and (c) of sec- apportionment under section 104(b)(4) of title 23,
(i) the Secretary of Transportation; tion 104 of title 23, United States Code, and issue United States Code.
(ii) the Secretary of Agriculture; recommendations on such method and data. (3) RECOMMENDATIONS.—If, in conducting the
(iii) the Administrator; (2) ASSESSMENT.—The highway formula mod- study under this subsection, the Secretary finds
(iv) the Secretary of the Army, acting through ernization study required under paragraph (1) that modifying the apportionment method under
the Chief of Engineers; and shall include an assessment of, based on the lat- section 104(b)(4) of title 23, United States Code,
(v) State departments of Transportation; and est available data, whether the apportionment would best achieve the air quality goals of sec-
(C) solicit input from— method under such section results in— tion 149 of title 23, United States Code, the Sec-
(i) stakeholders with experience in imple- (A) an equitable distribution of funds based retary shall, in consultation with the Adminis-
menting stormwater management practices for on the estimated tax payments attributable to— trator, include in such study recommendations
projects; and (i) highway users in the State that are paid for a new apportionment method, including—
(ii) educational and technical stormwater into the Highway Trust Fund; and (A) the factors recommended to be included in
management groups. (ii) individuals in the State that are paid to such apportionment method;
(3) REPORT.—In carrying out the agreement the Treasury, based on contributions to the (B) the weighting recommended to be applied
entered into pursuant to paragraph (1), not Highway Trust Fund from the general fund of to the factors under subparagraph (A); and
later than 18 months after the date of enactment the Treasury; and (C) any other recommendations to ensure that
of this Act, the Transportation Research Board (B) the achievement of the goals described in the apportionment method best achieves the air
shall submit to the Secretary of Transportation, section 101(b)(3) of title 23, United States Code. quality goals section 149 of such title.
the Administrator, the Committee on Transpor- (3) CONSIDERATIONS.—In carrying out the as- (c) REPORT.—No later than 2 years after the
tation and Infrastructure of the House of Rep- sessment under paragraph (2), the Secretary date of enactment of this Act, the Secretary
resentatives, and the Committee on Environment shall consider the following: shall submit to the Committee on Transportation
and Public Works of the Senate a report describ- (A) The factors described in sections 104(b), and Infrastructure of the House of Representa-
ing the results of the study. 104(f)(2), 104(h)(2), 130(f), and 144(e) of title 23, tives and the Committee on Environment and
(b) STORMWATER BEST MANAGEMENT PRAC- United States Code, as in effect on the date of Public Works of the Senate a report containing
TICES REPORTS.— enactment of SAFETEA–LU (Public Law 109– the results of the highway formula moderniza-
(1) REISSUANCE.—Not later than 180 days after 59). tion study and the CMAQ formula moderniza-
the date of enactment of this Act, the Adminis- (B) The availability and accuracy of data tion study.
trator shall update and reissue the best manage- necessary to calculate formula apportionments SEC. 1607. CONSOLIDATION OF PROGRAMS.
ment practices reports to reflect new information under the factors described in subparagraph Section 1519 of MAP–21 (Public Law 112–141)
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and advancements in stormwater management. (A). is amended—
(2) UPDATES.—Not less frequently than once (C) The measures established under section (1) in subsection (a)—
every 5 years after the date on which the Sec- 150 of title 23, United States Code, and whether (A) by striking ‘‘fiscal years 2016 through
retary reissues the best management practices such measures are appropriate for consideration 2020’’ and inserting ‘‘fiscal years 2023 through
reports under paragraph (1), the Secretary shall as formula apportionment factors. 2026’’; and
update and reissue the best management prac- (D) The results of the CMAQ formula mod- (B) by striking ‘‘$3,500,000’’ and inserting
tices reports, unless the contents of the best ernization study required under subsection (b). ‘‘$4,000,000’’;
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3411
(2) by redesignating subsections (b) and (c) as istered apprenticeships, job skills training, ment board and appropriate agencies to provide
subsections (c) and (d), respectively; and mentorship, education, and outreach programs a coordinated approach to workforce training,
(3) by inserting after subsection (a) the fol- that are exclusive to youth in the United States; job placement, and identification of training
lowing: and and skill development program needs, which
‘‘(b) FEDERAL SHARE.—The Federal share of (4) identify potential sources of funding, in- shall be coordinated to the extent practical with
the cost of a project or activity carried out cluding grants and scholarships, that may be an institution or agency, such as a State work-
under subsection (a) shall be 100 percent.’’. used to support youth and other qualified indi- force development board under section 101 of the
SEC. 1608. STUDENT OUTREACH REPORT TO CON- viduals in pursuing careers in the surface trans- Workforce Innovation and Opportunities Act (29
GRESS. portation sector. U.S.C. 3111), that has established skills training,
(a) REPORT.—Not later than 180 days after the (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 and vocational schools; and ‘‘(iii) number and percentage of participants
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
(3) a description of efforts to support the de- pate in training or registered apprenticeship ac-
such members to contribute balanced points of
velopment of a diverse, well-qualified workforce tivities under the program from being referred
view and ideas in carrying out this section, com-
for future surface transportation needs; and to, or hired on, projects funded under this chap-
prised of equal representation from each of the
(4) the effectiveness of the efforts described in ter.
following:
paragraphs (1) through (3). (1) Industries in the surface transportation ‘‘(3) FUNDING.—From administrative funds
SEC. 1609. TASK FORCE ON DEVELOPING A 21ST sector. made available under section 104(a), the Sec-
CENTURY SURFACE TRANSPOR- (2) Surface transportation sector labor organi- retary shall deduct such sums as necessary, not
TATION WORKFORCE. zations. to exceed $10,000,000 in each fiscal year, for the
(a) IN GENERAL.—Not later than 90 days after (3) Such other surface transportation stake- administration of this subsection. Such sums
the date of enactment of this Act, the Secretary holders and experts as the Secretary considers shall remain available until expended.
of Transportation shall establish a task force on appropriate. ‘‘(4) NONAPPLICABILITY OF TITLE 41.—Sub-
developing a 21st century surface transportation (g) PERIOD OF APPOINTMENT.—Members shall sections (b) through (d) of section 6101 of title 41
workforce (in this section referred to as the be appointed to the Task Force for the duration shall not apply to contracts and agreements
‘‘Task Force’’). of the existence of the Task Force. made under the authority granted to the Sec-
(b) DUTIES.—Not later than 12 months after (h) COMPENSATION.—Task Force members retary under this subsection.
the establishment of the Task Force under sub- shall serve without compensation. ‘‘(5) USE OF SURFACE TRANSPORTATION PRO-
section (a), the Task Force shall develop and (i) SUNSET.—The Task Force shall terminate GRAM AND NATIONAL HIGHWAY PERFORMANCE
submit to the Secretary recommendations and upon the submission of the report required PROGRAM FUNDS.—Notwithstanding any other
strategies for the Department of Transportation under subsection (e). provision of law, not to exceed 1⁄2 of 1 percent of
to— (j) DEFINITIONS.—In this section: funds apportioned to a State under paragraph
(1) evaluate the current and future state of (1) PRE-APPRENTICESHIP.—The term ‘‘pre-ap- (1) or (2) of section 104(b) may be available to
the surface transportation workforce, including prenticeship’’ means a training model or pro- carry out this subsection upon request of the
projected job needs in the surface transportation gram that prepares individuals for acceptance State transportation department to the Sec-
sector; into a registered apprenticeship and has a dem- retary.’’.
(2) identify factors influencing individuals onstrated partnership with one or more reg- SEC. 1611. APPALACHIAN DEVELOPMENT HIGH-
pursuing careers in surface transportation, in- istered apprenticeships. WAY SYSTEM FUNDING FLEXIBILITY.
cluding barriers to attracting individuals into (2) REGISTERED APPRENTICESHIP.—The term (a) IN GENERAL.—Any funds made available
the workforce; ‘‘registered apprenticeship’’ means an appren- to a State for the Appalachian development
(3) address barriers to retaining individuals in ticeship program registered under the Act of Au- highway system program under subtitle IV of
surface transportation careers; gust 16, 1937 (29 U.S.C. 50 et seq.; commonly title 40, United States Code, before the date of
(4) identify and address potential impacts of known as the ‘‘National Apprenticeship Act’’), enactment of this Act may be used, at the re-
emerging technologies on the surface transpor- that satisfies the requirements of parts 29 and 30 quest of such State to the Secretary of Transpor-
tation workforce; of title 29, Code of Federal Regulations (as in ef- tation, for the purposes described in section
(5) increase access for vulnerable or underrep- fect on January 1, 2020). 133(b) of title 23, United States Code.
resented populations, especially women and mi- SEC. 1610. ON-THE-JOB TRAINING AND SUP-
(b) LIMITATION.—The authority in subsection
norities, to high-skill, in-demand surface trans- PORTIVE SERVICES.
(a) may only be used by an Appalachian devel-
portation careers; Section 140(b) of title 23, United States Code,
opment highway system State if all of the Appa-
(6) facilitate and encourage elementary, sec- is amended to read as follows:
‘‘(b) WORKFORCE TRAINING AND DEVELOP- lachian development highway system corridors
ondary, and post-secondary students in the
MENT.—
authorized by subtitle IV of title 40, United
United States to pursue careers in the surface
‘‘(1) IN GENERAL.—The Secretary, in coopera- States Code, in such State, have been fully com-
transportation sector; and
(7) identify and develop pathways for stu- tion with the Secretary of Labor and any other pleted and are open to traffic prior to the State
dents and individuals to secure pre-apprentice- department or agency of the Government, State making a request to the Secretary as described
ships, registered apprenticeships, and other agency, authority, association, institution, In- in subsection (a).
work-based learning opportunities in the sur- dian Tribe or Tribal organization, corporation SEC. 1612. TRANSPORTATION EDUCATION DEVEL-
(profit or nonprofit), or any other organization OPMENT PROGRAM.
face transportation sector of the United States.
(c) CONSIDERATIONS.—In developing rec- or person, is authorized to develop, conduct, Section 504 of title 23, United States Code, is
ommendations and strategies under subsection and administer surface transportation and tech- amended—
(b), the Task Force shall— nology training, including skill improvement (1) in subsection (e)(1) by inserting ‘‘and (8)
(1) identify factors that influence whether programs, and to develop and fund summer through (9)’’ after ‘‘paragraphs (1) through
young people pursue careers in surface trans- transportation institutes. (4)’’; and
portation, especially traditionally underrep- ‘‘(2) STATE RESPONSIBILITIES.—A State depart- (2) in subsection (f) by adding at the end the
resented populations, including women and mi- ment of transportation participating in the pro- following:
norities; gram under this subsection shall— ‘‘(4) REPORTS.—The Secretary shall submit to
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(2) consider how the Department, businesses, ‘‘(A) develop an annual workforce plan that the Committee on Transportation and Infra-
industry, labor, educators, and other stake- identifies immediate and anticipated workforce structure of the House of Representatives and
holders can coordinate efforts to support quali- gaps and underrepresentation of women and mi- the Committee on Commerce, Science, and
fied individuals in pursuing careers in the sur- norities and a detailed plan to fill such gaps Transportation of the Senate an annual report
face transportation sector; and address such underrepresentation; that includes—
(3) identify methods of enhancing surface ‘‘(B) establish an annual workforce develop- ‘‘(A) a list of all grant recipients under this
transportation pre-apprenticeships and reg- ment compact with the State workforce develop- subsection;
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H3412 CONGRESSIONAL RECORD — HOUSE June 30, 2021
‘‘(B) an explanation of why each recipient ments received during the consultation process resentatives and the Committee on Environment
was chosen in accordance with the criteria under subsection (d); and and Public Works of the Senate, and make pub-
under paragraph (2); (B) any recommendations to preserve access to licly available on the website of the Department
‘‘(C) a summary of each recipient’s objective and reduce the costs and environmental impacts of Transportation—
to carry out the purpose described in paragraph of covered resources for infrastructure projects. (1) an evaluation of the accuracy of the ac-
(1) and an analysis of progress made toward (2) DEPARTMENTAL REPORT.—Not later than 3 counting and documentation of toll credits
achieving each such objective; months after the date on which the Secretary earned under section 120(i);
‘‘(D) an accounting for the use of Federal receives the report under paragraph (1), the Sec- (2) a determination whether a toll credit mar-
funds obligated or expended in carrying out this retary shall submit to the Committee on Trans- ketplace is viable and cost effective;
subsection; and portation and Infrastructure of the House of (3) estimates, to the extent possible, of the av-
‘‘(E) an analysis of outcomes of the program Representatives and the Committee on Environ- erage sale price of toll credits; and
under this subsection.’’. ment and Public Works of the Senate a sum- (4) recommendations on any modifications
SEC. 1613. WORKING GROUP ON CONSTRUCTION mary of the findings under such report and any necessary, including legislative changes, to es-
RESOURCES. recommendations, as appropriate. tablish and implement a toll credit exchange
(a) ESTABLISHMENT.—Not later than 120 days (f) DEFINITIONS.—In this section: program.
after the date of enactment of this Act, the Sec- (1) COVERED RESOURCES.—The term ‘‘covered (e) DEFINITION.—In this section, the term
retary of Transportation shall establish a work- resources’’ means common variety materials ‘‘State’’ has the meaning given the term in sec-
ing group (in this section referred to as the used in transportation infrastructure construc- tion 101(a) of title 23, United States Code.
‘‘Working Group’’) to conduct a study on access tion and maintenance, including stone, sand, SEC. 1616. TRANSPORTATION CONSTRUCTION MA-
to covered resources for infrastructure projects. and gravel. TERIALS PROCUREMENT.
(b) MEMBERSHIP.— (2) INDIAN TRIBES.—The term ‘‘Indian Tribes’’ (a) ESTABLISHMENT.—Not later than 180 days
(1) APPOINTMENT.—The Secretary shall ap- has the meaning given such term in section 4 of after the date of enactment of this Act, the Sec-
point to the Working Group individuals with the Indian Self-Determination and Education retary of Transportation shall initiate a review
knowledge and expertise in the production and Assistance Act (25 U.S.C. 5304). of the procurement processes used by State de-
transportation of covered resources. (3) STATE.—The term ‘‘State’’ means each of partments of transportation to select construc-
(2) REPRESENTATION.—The Working Group the several States, the District of Columbia, and tion materials on projects utilizing Federal-aid
shall include at least one representative of each each territory or possession of the United States. highway funds.
of the following: SEC. 1614. NUMBERING SYSTEM OF HIGHWAY (b) CONTENTS.—The review under subsection
(A) State departments of transportation. INTERCHANGES. (a) shall include—
(B) State agencies associated with covered re- (a) IN GENERAL.—Notwithstanding section 315 (1) a review of competitive practices in the
sources protection. of title 23, United States Code, and section 1.36 bidding process for transportation construction
(C) State planning and geologic survey and of title 23, Code of Federal Regulations, the Sec- materials;
mapping agencies. retary of Transportation may not impose a pen- (2) a list of States that currently issue bids
(D) Commercial motor vehicle operators, in- alty on a State that does not comply with sec- that include flexibility in the type of construc-
cluding small business operators and operators tion 2E.31 of the Manual on Uniform Traffic tion materials used to meet the project specifica-
who transport covered resources. Control Devices (or a successor section) with re- tions;
(E) Covered resources producers. spect to the numbering of highway inter- (3) any information provided by States on
(F) Construction contractors. changes. considerations that influence the decision to in-
(G) Labor organizations. (b) APPLICABILITY.—Subsection (a) shall only clude competition by type of material in trans-
(H) Metropolitan planning organizations and apply to a method of numbering of a highway portation construction projects;
regional planning organizations. interchange in effect on the date of enactment (4) any data on whether issuing bids that in-
(I) Indian Tribes. of this Act. clude flexibility in the type of construction ma-
(J) Professional surveying, mapping, and terials used to meet the project specifications
SEC. 1615. TOLL CREDITS.
geospatial organizations. will affect project costs over the lifecycle of an
(K) Any other stakeholders that the Secretary (a) PURPOSES.—The Secretary of Transpor- asset;
determines appropriate. tation shall— (5) any data on the degree to which competi-
(3) TERMINATION.—The Working Group shall (1) identify the extent of the demand to pur- tion leads to greater use of sustainable, innova-
terminate 6 months after the date on which the chase toll credits; tive, or resilient materials; and
Secretary receives the report under subsection (2) identify the expected cash price of toll (6) an evaluation of any barriers to more
(e)(1). credits; widespread use of competitive bidding processes
(c) DUTIES.—In carrying out the study re- (3) analyze the impact of the exchange of toll for transportation construction materials.
quired under subsection (a), the Working Group credits on transportation expenditures; and (c) REPORT.—Not later than 18 months after
shall analyze— (4) identify any other repercussions of estab- the date of enactment of this Act, the Secretary
(1) the use of covered resources in transpor- lishing a toll credit exchange. shall submit to the Committee on Transportation
tation projects funded with Federal dollars; (b) SOLICITATION.—To carry out the require- and Infrastructure of the House of Representa-
(2) how the proximity of covered resources to ments of this section, the Secretary shall solicit tives and the Committee on Environment and
such projects affects the cost and environmental information from States eligible to use a credit Public Works of the Senate, and make publicly
impact of such projects; under section 120(i) of title 23, United States available, a report on the review initiated by the
(3) whether and how State, Tribal, and local Code, including— Secretary pursuant to this section.
transportation and planning agencies consider (1) the amount of unused toll credits, includ- SEC. 1617. NATIONWIDE ROAD SAFETY ASSESS-
covered resources when developing transpor- ing— MENT.
tation projects; and (A) toll revenue generated and the sources of (a) IN GENERAL.—The Secretary of Transpor-
(4) any challenges for transportation project that revenue; tation shall, every 2 years, conduct nationwide,
sponsors regarding access and proximity to cov- (B) toll revenue used by public, quasi-public, on-the-ground road safety assessments focused
ered resources. and private agencies to build, improve, or main- on pedestrian and bicycle safety in each State.
(d) CONSULTATION.—In carrying out the study tain highways, bridges, or tunnels that serve the (b) REQUIREMENTS.—The assessments required
required under subsection (a), the Working public purpose of interstate commerce; and under subsection (a) shall be conducted—
Group shall consult with, as appropriate— (C) an accounting of any Federal funds used (1) by Department of Transportation field of-
(1) chief executive officers of States; by the public, quasi-public, or private agency to fices from the Federal Highway Administration,
(2) State and local transportation planning build, improve, or maintain the toll facility, to the National Highway Transportation Safety
agencies; validate that the credit has been reduced by a Administration, the Federal Transit Administra-
(3) Indian Tribes; percentage equal to the percentage of the total tion, and the Federal Motor Carrier Safety Ad-
(4) other relevant State, Tribal, and local cost of building, improving, or maintaining the ministration; and
agencies, including State agencies associated facility that was derived from Federal funds; (2) in consultation with—
with covered resources protection; (2) the documentation of maintenance of ef- (A) State and local agencies with jurisdiction
(5) members of the public with industry expe- fort for toll credits earned by the State; and over pedestrian and bicycle safety;
rience with respect to covered resources; (3) the accuracy of the accounting system of (B) pedestrian safety and bicycle safety advo-
(6) other Federal entities that provide funding the State to earn and track toll credits. cacy organizations; and
for transportation projects; and (c) WEBSITE.—The Secretary shall make avail- (C) other relevant pedestrian and bicycle safe-
(7) any other stakeholder the Working Group able a publicly accessible website on which a ty stakeholders.
determines appropriate. State eligible to use a credit under section 120(i) (c) PURPOSES.—The purpose of the assess-
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(e) REPORTS.— of title 23, United States Code shall publish the ments under this section is to—
(1) WORKING GROUP REPORT.—Not later than 2 information described under subsection (b)(1). (1) identify and examine specific locations
years after the date on which the Working (d) EVALUATION AND RECOMMENDATIONS TO with documented or perceived problems with pe-
Group is established, the Working Group shall CONGRESS.—Not later than 2 years after the destrian and bicycle safety and access;
submit to the Secretary a report that includes— date of enactment of this Act, the Secretary (2) examine barriers to providing safe pedes-
(A) the findings of the study required under shall provide to the Committee on Transpor- trian and bicycle access to transportation infra-
subsection (a), including a summary of com- tation and Infrastructure of the House of Rep- structure; and
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3413
(3) develop and issue recommendations de- (7) Labor and workforce needs to implement (2) is encouraged to consult with—
signed to effectively address specific safety and climate-resilient transportation infrastructure (A) representatives from the thirteen federal
access issues and enhance pedestrian and bicy- projects including new and emerging skills, agencies that comprise the United States Global
cle safety in high risk areas. training programs, competencies and recognized Change Research Program;
(d) REPORT ON STATE ASSESSMENTS.—Upon postsecondary credentials that may be required (B) representatives from the Department of
completion of the assessment of a State, the Sec- to adequately equip the workforce. the Treasury;
retary shall issue, and make available to the (8) Outlining how Federal infrastructure (C) professional engineers with relevant exper-
public, a report containing the assessment that planning, design, engineering, construction, op- tise in infrastructure design;
includes— eration, and maintenance impact the environ- (D) scientists from the National Academies
(1) a list of locations that have been assessed ment and public health of disproportionately ex- with relevant expertise;
as presenting a danger to pedestrians or posed communities. For purposes of this para- (E) scientists, social scientists and experts
bicyclists; and graph, the term ‘‘disproportionately exposed from academic and research institutions who
(2) recommendations to enhance pedestrian communities’’ means a community in which cli- have expertise in climate change projections and
and bicycle safety in those locations. mate change, pollution, or environmental de- impacts; engineering; architecture; or other rel-
(e) REPORT ON NATIONWIDE PROGRAM.—Upon struction have exacerbated systemic racial, re- evant areas of expertise;
completion of the biannual assessment nation- gional, social, environmental, and economic in- (F) licensed architects with relevant experi-
wide required under this section, the Secretary justices by disproportionately affecting indige- ence in infrastructure design;
shall issue, and make available to the public, nous peoples, communities of color, migrant (G) certified planners;
that covers assessments for all jurisdictions and communities, deindustrialized communities, de- (H) representatives of State and local govern-
also present it to the congressional transpor- populated rural communities, the poor, low-in- ments and Indian Tribes;
tation committees. come workers, women, the elderly, people experi- (I) representatives of environmental justice
(f) NATIONAL PEDESTRIAN AND BICYCLE SAFE- groups; and
encing homelessness, people with disabilities,
TY DATABASE.—The Secretary, in order to en-
people who are incarcerated, or youth. (J) representatives of labor unions that rep-
hance pedestrian and bicycle safety and im- (d) CONSIDERATIONS.—In carrying out the resent key trades and industries involved in in-
prove information sharing on pedestrian and bi- study, the Transportation Research Board shall frastructure projects.
cycle safety challenges between the Federal determine the need for information related to (f) REPORT.—Not later than 3 years after the
Government and State and local governments, climate resilient transportation infrastructure date of enactment of this Act, the Transpor-
shall maintain a national pedestrian and bicycle by considering— tation Research Board shall submit to the Sec-
safety database that includes— (1) the current informational and institutional retary, the Committee on Transportation and
(1) a list of high-risk intersections, roads, and barriers to integrating projected infrastructure Infrastructure of the House of Representatives,
highways with a documented history of pedes- risks posed by climate change into federal infra- and the Committee on Environment and Public
trian or bicycle accidents or fatalities and de- structure planning, design, engineering, con- Works of the Senate a report on the results of
tails regarding those incidents; and struction, operation and maintenance;
(2) information on corrective measures that the study conducted under this section.
(2) the critical information needed by engi- SEC. 1619. NATURAL GAS, ELECTRIC BATTERY,
have been implemented at the State, local, or
neers, planners and those charged with infra- AND ZERO EMISSION VEHICLES.
Federal level to enhance pedestrian and bicy-
structure upgrades and maintenance to better Subsection (s) of section 127 of title 23, United
clist safety at those high risk areas, including
incorporate climate change risks and impacts States Code is amended to read as follows:
details on the nature and date of corrective ac-
over the lifetime of projects; ‘‘(s) NATURAL GAS, ELECTRIC BATTERY, AND
tion. (3) how to select an appropriate, adaptive en-
(g) STATE DEFINED.—In this section, the term ZERO EMISSION VEHICLES.—A vehicle, if oper-
gineering design for a range of future climate ated by an engine fueled primarily by natural
‘‘State’’ means each of the States, the District of
scenarios as related to infrastructure planning gas, powered primarily by means of electric bat-
Columbia, and Puerto Rico.
and investment; tery power, or fueled primarily by means of
SEC. 1618.CLIMATE RESILIENT TRANSPOR-
(4) how to incentivize and incorporate systems other zero emission fuel technologies, may ex-
TATION INFRASTRUCTURE STUDY.
thinking into engineering design to maximize ceed the weight limit on the power unit by up to
(a) CLIMATE RESILIENT TRANSPORTATION IN-
the benefits of multiple natural functions and 2,000 pounds (up to a maximum gross vehicle
FRASTRUCTURE STUDY.—Not later than 180 days
emissions reduction, as well as regional plan- weight of 82,000 pounds) under this section.’’.
after the date of enactment of this Act, the Sec-
ning;
retary of Transportation shall seek to enter into SEC. 1620. GUIDANCE ON EVACUATION ROUTES.
(5) how to take account of the risks of cas-
an agreement with the Transportation Research (a) IN GENERAL.—
cading infrastructure failures and develop more
Board of the National Academies to conduct a (1) GUIDANCE.—The Administrator of the Fed-
holistic approaches to evaluating and mitigating
study of the actions needed to ensure that Fed- eral Highway Administration, in coordination
climate risks;
eral agencies are taking into account current (6) how to ensure that investments in infra- with the Administrator of the Federal Emer-
and future climate conditions in planning, de- structure resilience benefit all communities, in- gency Management Agency, and consistent with
signing, building, operating, maintaining, in- cluding communities of color, low-income com- guidance issued by the Federal Emergency Man-
vesting in, and upgrading any federally funded munities, and Indian Tribes that face a dis- agement Agency pursuant to section 1209 of the
transportation infrastructure investments. proportionate risk from climate change and in Disaster Recovery Reform Act of 2018 (Public
(b) METHODOLOGIES.—In conducting the Law 115–254), shall revise existing guidance or
many cases have experienced long-standing
study, the Transportation Research Board shall issue new guidance as appropriate for State and
unmet needs and underinvestment in critical in-
build on the methodologies examined and rec- local governments and Indian Tribes regarding
frastructure;
ommended in— (7) how to incorporate capital assessment and the design, construction, maintenance, retrofit,
(1) the 2018 report issued the American Society and repair of evacuation routes.
planning training and techniques, including a
of Civil Engineers, titled ‘‘Climate-Resilient In- (2) CONSIDERATIONS.—In revising or issuing
range of financing options to help local and
frastructure: Adaptive Design and Risk Man- guidance under subsection (a)(1), the Adminis-
State governments plan for and provide match-
agement’’; and trator of the Federal Highway Administration
(2) the report issued by the California Cli- ing funds;
(8) how federal agencies can track and mon- shall consider—
mate-Safe Infrastructure Working Group, titled (A) methods that assist evacuation routes to—
itor federally funded resilient infrastructure in
‘‘Paying it Forward: The Path Toward Climate- (i) withstand the effects of hydrostatic and
a coordinated fashion to help build the under-
Safe Infrastructure in California’’. hydrodynamic forces on viability, including rec-
(c) CONTENTS OF STUDY.—The study shall in- standing of the cost-benefit of resilient infra-
structure and to build the capacity for imple- ommendations regarding appropriate drainage
clude specific recommendations regarding the
menting resilient infrastructure; and structures or other flood prevention mechanisms
following:
(1) Integrating scientific knowledge of pro- (9) the occupations, skillsets, training pro- to manage stormwater, runoff, and the effect of
jected climate change impacts, and other rel- grams, competencies and recognized postsec- storm surge;
evant data and information, into Federal infra- ondary credentials that will be needed to imple- (ii) withstand the risks that flammability
structure planning, design, engineering, con- ment such climate-resilient transportation infra- poses to viability;
struction, operation and maintenance. structure projects, and how to ensure that any (iii) improve durability, strength (including
(2) Addressing critical information gaps and new jobs created by such projects ensure that the ability to withstand tensile stresses and com-
challenges. priority hiring considerations are given to indi- pressive stresses), and sustainability; and
(3) Financing options to help fund climate-re- viduals facing barriers to employment, commu- (iv) provide for long-term cost savings;
silient infrastructure. nities of color, low-income communities and In- (B) the ability of evacuation routes to effec-
(4) A platform or process to facilitate commu- dian Tribes that face a disproportionate risk tively manage contraflow operations;
nication between climate scientists and other ex- from climate change and have been excluded (C) for evacuation routes on public lands, the
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perts with infrastructure planners, engineers from job opportunities. viewpoints of the applicable Federal land man-
and other relevant experts. (e) CONSULTATION.—In carrying out the agement agency regarding emergency oper-
(5) A stakeholder process to engage with rep- study, the Transportation Research Board— ations, sustainability, and resource protection;
resentatives of State, local, tribal and commu- (1) shall convene and consult with a panel of and
nity groups. national experts, including operators and users (D) such other items the Administrator of the
(6) A platform for tracking Federal funding of of Federal transportation infrastructure and Federal Highway Administration considers ap-
climate-resilient infrastructure. private sector stakeholders; and propriate.
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H3414 CONGRESSIONAL RECORD — HOUSE June 30, 2021
(3) REPORT.—In the case in which the Admin- way 63 at the Sabine River Bridge at Burrs States Highway 80 (JR Allen Parkway) through
istrator of the Federal Highway Administration, Crossing and including a loop generally encir- Phenix City until continuing into Columbus,
in consultation with the Administrator of the cling Bryan/College Station, Texas; Georgia.’’.
Federal Emergency Management Agency, con- ‘‘(D) following United States Route 83 south- (5) MIDDLE GEORGIA CORRIDOR.—Section
cludes existing guidance addresses the consider- ward from the vicinity of Eden, Texas, to a log- 1105(c) of the Intermodal Surface Transpor-
ations in paragraph (2), The Administrator of ical connection to Interstate Route 10 at Junc- tation Efficiency Act of 1991, as amended by this
the Federal Highway Administration shall sub- tion, Texas; Act, is further amended by adding at the end
mit to the Committee on Transportation and In- ‘‘(E) following United States Route 69 from the following:
frastructure of the House of Representatives and Interstate Route 10 in Beaumont, Texas, north ‘‘(95) The Middle Georgia Corridor including
the Committee on Environment and Public to United States Route 190 in the vicinity of the route—
Works of the Senate a detailed report describing Woodville, Texas; ‘‘(A) beginning at the Alabama-Georgia Bor-
how existing guidance addresses such consider- ‘‘(F) following United States Route 96 from der generally following the Fall Line Freeway
ations. Interstate Route 10 in Beaumont, Texas, north from Columbus Georgia to Augusta, Georgia
(b) STUDY.— to United States Route 190 in the vicinity of Jas- specifically:
(1) IN GENERAL.—The Administrator of the per, Texas; and ‘‘(B) travelling along United States Route 80
Federal Highway Administration, in coordina- ‘‘(G) following United States Route 190, State (JR Allen Parkway) through Columbus, Georgia
tion with the Administrator of the Federal Highway 305, and United States Route 385 from and near Fort Benning, Georgia, east to Talbot
Emergency Management Agency, shall study Interstate Route 10 in Pecos County, Texas to County, Georgia where it would follow Georgia
the vulnerability of evacuation routes that are Interstate 20 at Odessa, Texas.’’. Route 96, then commencing on Georgia Route
part of the national highway system to the risks (2) CENTRAL LOUISIANA CORRIDOR.—Section 49C (Fort Valley Bypass) to Georgia Route 49
of extreme weather, including flooding and 1105(c) of the Intermodal Surface Transpor- (Peach Parkway) to its intersection with Inter-
storm surge. tation Efficiency Act of 1991 is amended by add- state route 75 in Byron, Georgia;
(2) CONTENTS.—In conducting the study under ing at the end the following: ‘‘(C) continuing north along Interstate Route
paragraph (1), the Administrator shall exam- ‘‘(92) The Central Louisiana Corridor com- 75 through Warner Robins and Macon, Georgia
ine— mencing at the logical terminus of Louisiana where it would meet Interstate Route 16. Fol-
(A) the likelihood of Federal evacuation Highway 8 at the Sabine River Bridge at Burrs lowing Interstate 16 east it would next join
routes flooding during a 100-year, 500-year, and Crossing and generally following portions of United States Route 80 and then onto State
1000-year weather event; Louisiana Highway 8 to Leesville, Louisiana, Route 57; and
(B) whether Federal evacuation routes that and then eastward on Louisiana Highway 28, ‘‘(D) commencing with State Route 57 which
have historically flooded have recovered quickly passing in the vicinity of Alexandria, Pineville, turns into State Route 24 near Milledgeville,
from extreme weather events; Walters, and Archie, to the logical terminus of Georgia would then bypass Wrens, Georgia with
(C) the availability of alternative evacuation United States Route 84 at the Mississippi River a newly constructed bypass. After the bypass it
routes to accommodate the flow of evacuees in Bridge at Vidalia, Louisiana.’’. would join United States Route 1 near Fort Gor-
the event of an evacuation route becoming im- (3) CENTRAL MISSISSIPPI CORRIDOR.—Section don into Augusta, Georgia where it will termi-
passable due to flooding; and 1105(c) of the Intermodal Surface Transpor- nate at Interstate Route 520.’’.
(D) the impact of impassable evacuation tation Efficiency Act of 1991, as amended by this (6) LOUISIANA CAPITAL REGION.—Section
routes on vulnerable individuals, with consider- Act, is further amended by adding at the end 1105(c) of the Intermodal Surface Transpor-
ation of the return of evacuees after an extreme the following: tation Efficiency Act of 1991, as amended by this
weather event, including— ‘‘(93) The Central Mississippi Corridor, in- Act, is further amended by adding at the end
(i) individuals with a physical or mental dis- cluding the route— the following:
ability; ‘‘(A) commencing at the logical terminus of ‘‘(96) The Louisiana Capital Region High Pri-
(ii) individuals in schools, daycare centers, United States Route 84 at the Mississippi River ority Corridor, which shall generally follow—
mobile home parks, prisons, nursing homes, and and then generally following portions of United ‘‘(A) Interstate 10, between its intersections
other long-term care facilities and detention States Route 84 passing in the vicinity of Natch- with Interstate 12 and Louisiana Highway 415;
centers; ez, Brookhaven, Monticello, Prentiss, and Col- ‘‘(B) Louisiana Highway 415, between its
(iii) individuals with limited proficiency in lins, to Interstate 59 in the vicinity of Laurel, intersections with Interstate 10 and United
English; Mississippi, and continuing on Interstate Route States route 190;
(iv) the elderly; and 59 north to Interstate Route 20 and on Interstate ‘‘(C) United States route 190, between its
(v) individuals who are tourists, seasonal Route 20 to the Mississippi-Alabama State Bor- intersections with Louisiana Highway 415 and
workers, or homeless. der; and intersection with Interstate 110;
(3) REPORT.—Not later than 1 year after the ‘‘(B) commencing in the vicinity of Laurel, ‘‘(D) Interstate 110, between its intersections
date of enactment of this Act, the Administrator Mississippi, running south on Interstate Route with United States route 190 and Interstate 10;
shall submit to the Committee on Transportation 59 to United States Route 98 in the vicinity of ‘‘(E) Louisiana Highway 30, near St. Gabriel,
and Infrastructure of the House of Representa- Hattiesburg, connecting to United States Route LA and its intersections with Interstate 10;
tives and the Committee on Commerce, Science, 49 south then following United States Route 49 ‘‘(F) Louisiana Highway 1, near White Castle,
and Transportation of the Senate a report sum- south to Interstate Route 10 in the vicinity of LA and its intersection with Interstate 10; and
marizing the study and the results of such Gulfport and following Mississippi Route 601 ‘‘(G) A bridge connecting Louisiana Highway
study, including identifying which segments of southerly terminating near the Mississippi State 1 with Louisiana Highway 30, south of the
Federal evacuation routes are most vulnerable Port at Gulfport.’’. Interstate described in subparagraph (A).’’.
to becoming impassable due to flooding. (4) MIDDLE ALABAMA CORRIDOR.—Section (b) INCLUSION OF CERTAIN SEGMENTS ON
SEC. 1621. HIGH PRIORITY CORRIDORS ON NA- 1105(c) of the Intermodal Surface Transpor- INTERSTATE SYSTEM.—Section 1105(e)(5)(A) of
TIONAL HIGHWAY SYSTEM. tation Efficiency Act of 1991, as amended by this the Intermodal Surface Transportation Effi-
(a) IDENTIFICATION.— Act, is further amended by adding at the end ciency Act of 1991 is amended—
(1) CENTRAL TEXAS CORRIDOR.—Section the following: (1) by inserting ‘‘subclauses (I) through (IX)
1105(c)(84) of the Intermodal Surface Transpor- ‘‘(94) The Middle Alabama Corridor including of subsection (c)(38)(A)(i), subsection
tation Efficiency Act of 1991 is amended to read the route— (c)(38)(A)(iv),’’ after ‘‘subsection (c)(37),’’;
as follows: ‘‘(A) beginning at the Alabama-Mississippi (2) by inserting ‘‘subsection (c)(84),’’ after
‘‘(84) The Central Texas Corridor, including Border generally following portions of I–20 until ‘‘subsection (c)(83),’’; and
the route— following a new interstate extension paralleling (3) by striking ‘‘and subsection (c)(91)’’ and
‘‘(A) commencing in the vicinity of Texas United States Highway 80 specifically: inserting ‘‘subsection (c)(91), subsection (c)(92),
Highway 338 in Odessa, Texas, running east- ‘‘(B) crossing Alabama Route 28 near subsection (c)(93), subsection (c)(94), subsection
ward generally following Interstate Route 20, Coatopa, Alabama, traveling eastward crossing (c)(95), and subsection (c)(96)’’.
connecting to Texas Highway 158 in the vicinity United States Highway 43 and Alabama Route (c) DESIGNATION.—Section 1105(e)(5)(C) of the
of Midland, Texas, then following Texas High- 69 near Selma, Alabama, traveling eastwards Intermodal Surface Transportation Efficiency
way 158 eastward to United States Route 87 and closely paralleling United States Highway 80 to Act of 1991 is amended by striking ‘‘The route
then following United States Route 87 south- the south crossing over Alabama Routes 22, 41, referred to in subsection (c)(84) is designated as
eastward, passing in the vicinity of San Angelo, and 21, until its intersection with I–65 near Interstate Route I–14.’’ and inserting ‘‘The
Texas, and connecting to United States Route Hope Hull, Alabama; route referred to in subsection (c)(84)(A) is des-
190 in the vicinity of Brady, Texas; ‘‘(C) continuing east along the proposed ignated as Interstate Route I–14 North. The
‘‘(B) commencing at the intersection of Inter- Montgomery Outer Loop south of Montgomery, route referred to in subsection (c)(84)(B) is des-
state Route 10 and United States Route 190 in Alabama where it would next join with I–85 east ignated as Interstate Route I–14 South. The
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Pecos County, Texas, and following United of Montgomery, Alabama; Bryan/College Station, Texas loop referred to in
States Route 190 to Brady, Texas; ‘‘(D) continuing along I–85 east bound until subsection (c)(84) is designated as Interstate
‘‘(C) following portions of United States Route its intersection with United States Highway 280 Route I–214. The routes referred to in subpara-
190 eastward, passing in the vicinity of Fort near Opelika, Alabama or United States High- graphs (C), (D), (E), (F), and (G) of subsection
Hood, Killeen, Belton, Temple, Bryan, College way 80 near Tuskegee, Alabama; and (c)(84) and in subsections (c)(92), (c)(93), (c)(94),
Station, Huntsville, Livingston, Woodville, and ‘‘(E) generally following the most expedient and (c)(95) are designated as Interstate Route I–
Jasper, to the logical terminus of Texas High- route until intersecting with existing United 14.’’.
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3415
SEC. 1622. GUIDANCE ON INUNDATED AND SUB- (2) An analysis of the extent to which pre-dis- Comptroller General of the United States shall
MERGED ROADS. aster mitigation measures provide benefits to the carry out a study on the impact of equity issues
(a) GUIDANCE.—The Administrator of the Fed- nation and individual States, territories and associated with per-mile user fee funding sys-
eral Highway Administration, in coordination tribes, including— tems on the surface transportation system.
with the Administrator of the Federal Emer- (A) an economic analysis of the benefits to the (b) CONTENTS.—The study under subsection
gency Management Agency, shall review the design and construction of new resilient infra- (a) shall include the following with respect to
guidance issued pursuant to section 1228 of the structure; per-mile user fee systems:
Disaster Recovery Reform Act of 2018 (Public (B) losses avoided, including economic losses, (1) The financial, social, and other impacts of
Law 115–254), and revise or issue new guidance number of structures (buildings, roads, bridges), per-mile user fee systems on individuals, low-in-
regarding repair, restoration, and replacement and injuries and deaths by utilizing building come individuals, and individuals of different
of inundated and submerged roads damaged or codes and standards that prioritize resiliency; races.
destroyed by a major disaster declared pursuant and (2) The impact that access to alternative
to the Robert T. Stafford Disaster Relief and (C) an economic analysis of the benefits to modes of transportation, including public trans-
Emergency Assistance Act (42 U.S.C. 5121 et using hazard resistant building codes in rebuild- portation, has in carrying out per-mile user fee
seq.) with respect to roads eligible for assistance ing and repairing infrastructure following a dis- systems.
under Federal Highway Administration pro- aster. (3) The ability to access jobs and services,
grams. (3) An assessment of the building codes and which may include healthcare facilities, child
(b) CONSIDERATIONS.—In revising or issuing standards referenced or otherwise currently in- care, education and workforce training, food
new guidance under subsection (a), the Admin- corporated into Federal policies and programs, sources, banking and other financial institu-
istrator shall consider methods of repair, res- including but not limited to grants, incentive tions, and other retail shopping establishments.
toration, and replacement of damaged or de- programs, technical assistance and design and (4) Equity issues for low-income individuals in
stroyed roads that— construction criteria, administered by the Fed- urban and rural areas.
(1) improve the ability of a previously inun- eral Emergency Management Agency (herein- (5) Any differing impacts on passenger vehi-
dated or submerged road to withstand the ef- after referred to as ‘‘FEMA’’), including— cles and commercial vehicles.
(A) the extent to which such codes and stand- (c) INCLUSIONS.—In carrying out the study
fects of hydrostatic and hydrodynamic forces,
ards contribute to increasing climate resiliency; under subsection (a), the Comptroller General
including stormwater, runoff, or storm surge;
(B) recommendations for how FEMA could im- shall include an analysis of the State surface
and
prove their use of codes and standards to pre- transportation system funding pilot program
(2) provide for long-term cost savings.
pare for climate change and address resiliency under section 6020 of the FAST Act (23 U.S.C.
SEC. 1623. DRY BULK WEIGHT TOLERANCE.
in housing, public buildings, and infrastructure 503 note).
Section 127 of title 23, United States Code, is such as roads and bridges; and
amended by adding at the end the following: (d) REPORT.—Not later than 2 years after the
(C) how FEMA could increase efforts to sup-
‘‘(v) DRY BULK WEIGHT TOLERANCE.— date of the enactment after this Act, the Comp-
port the adoption of hazard resistant codes by
‘‘(1) DEFINITION OF DRY BULK GOODS.—In this troller General shall submit to the Committee on
the States, territories, and Indian Tribes.
subsection, the term ‘dry bulk goods’ means any Transportation and Infrastructure of the House
(4) Recommendations for FEMA on how to
homogeneous unmarked nonliquid cargo being of Representatives and the Committee on Envi-
better incorporate climate resiliency into efforts
transported in a trailer specifically designed for ronment and Public Works of the Senate, and
to rebuild after natural disasters.
that purpose. make publicly available, a report containing the
SEC. 1627. DESIGNATION OF JOHN R. LEWIS VOT-
‘‘(2) WEIGHT TOLERANCE.—Notwithstanding ING RIGHTS HIGHWAY. results of the study under subsection (a), in-
any other provision of this section, except for (a) DESIGNATION.—The portion of United cluding recommendations for how to equitably
the maximum gross vehicle weight limitation, a States Route 80 from Selma, Alabama to Mont- implement per-mile user fee systems.
commercial motor vehicle transporting dry bulk gomery, Alabama shall be known as the ‘‘John (e) DEFINITIONS.—
goods may not exceed 110 percent of the max- (1) PER-MILE USER FEE.—The term ‘‘per-mile
R. Lewis Voting Rights Highway’’.
imum weight on any axle or axle group de- (b) REFERENCES.—Any reference in a law, user fee’’ means a revenue mechanism that—
map, regulation, document, paper, or other (A) is applied to road users operating motor
scribed in subsection (a), including any enforce-
record of the United States to the portion of vehicles on the surface transportation system;
ment tolerance.’’.
United States Route 80 from Selma, Alabama to and
SEC. 1624. HIGHWAY USE TAX EVASION
(B) is based on the number of vehicle miles
PROJECTS. Montgomery, Alabama is deemed to be a ref-
traveled by an individual road user.
Section 143(b)(2)(A) of title 23, United States erence to the ‘‘John R. Lewis Voting Rights
(2) COMMERCIAL VEHICLE.—The term ‘‘com-
Code, is amended by striking ‘‘2016 through Highway’’.
mercial vehicle’’ has the meaning given the term
2020’’ and inserting ‘‘2023 through 2026’’. SEC. 1628. GAO STUDY ON CAPITAL NEEDS OF
PUBLIC FERRIES.
commercial motor vehicle in section 31101 of title
SEC. 1625. LABOR STANDARDS. 49, United States Code.
It is the policy of the United States that funds (a) IN GENERAL.—The Comptroller General of
the United States shall conduct a study on the SEC. 1631. GAO REVIEW OF EQUITY CONSIDER-
authorized or made available by this Act, or the ATIONS AT STATE DOTS.
amendments made by this Act, should not be capital investment needs of United States public
ferries and how Federal funding programs are (a) REVIEW REQUIRED.—Not later than 1 year
used to purchase products produced whole or in after the date of enactment of this Act, the
part through the use of child labor, as such term meeting such needs.
(b) CONSIDERATIONS.—In carrying out the Comptroller General shall undertake a review of
is defined in Article 3 of the International Labor the extent to which State departments of trans-
study under subsection (a), the Comptroller
Organization Convention concerning the prohi- portation have in place best practices, stand-
General shall examine the feasibility of includ-
bition and immediate action for the elimination ards, and protocols designed to ensure equity
ing United States public ferries in the conditions
of the worst forms of child labor (December 2, considerations in transportation planning,
and performance report of the Department of
2000), or in violation of human rights. project selection, and project delivery, including
Transportation.
SEC. 1626. CLIMATE RESILIENCY REPORT BY GAO. (c) REPORT TO CONGRESS.—Not later than 1 considerations of the diverse transportation
(a) IN GENERAL.—Not later than 1 year after year after the date of enactment of this Act, the needs of low-income populations, minority pop-
the date of enactment of this Act, and every 5 Comptroller General shall submit to Congress a ulations, and other diverse populations.
years thereafter, the Comptroller General of the report describing the results of the study de- (b) EVALUATION.—After the completion of the
United States shall evaluate and issue a report scribed in subsection (a), including any rec- review under subsection (a), the Comptroller
to Congress on the economic benefits, including ommendations for how to include ferries in the General shall issue and make available on a
avoided impacts on property and life, of the use conditions and performance report of the De- publicly accessible Website a report detailing—
of model, consensus-based building codes, stand- partment of Transportation. (1) findings based on the review in subsection
ards, and provisions that support resilience to SEC. 1629. USE OF MODELING AND SIMULATION (a);
climate risks and impacts, including— TECHNOLOGY. (2) a comprehensive set of recommendations
(1) flooding; It is the sense of Congress that the Depart- for State departments of transportation to im-
(2) wildfires; ment of Transportation should utilize, to the prove equity considerations, which may include
(3) hurricanes; fullest and most economically feasible extent model legislation, best practices, or guidance;
(4) heat waves; practicable, modeling and simulation technology and
(5) droughts; to analyze highway and public transportation (3) any recommendations to Congress for addi-
(6) rises in sea level; and projects authorized by this Act and the amend- tional statutory authority needed to support
(7) extreme weather. ments made by this Act to ensure that these State department of transportation efforts to in-
(b) REPORT ISSUES.—The report required projects— corporate equity considerations into transpor-
under subsection (a) shall include the following: (1) increase transportation capacity and safe- tation planning, project selection, and project
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(1) An assessment of the status of adoption of ty, alleviate congestion, and reduce travel time delivery.
building codes, standards, and provisions within and environmental impacts; and (c) REPORT.—After completing the review and
the States, territories, and tribes at the State or (2) are as cost effective as practicable. evaluation required under subsections (a) and
jurisdictional level; including whether the SEC. 1630. GAO STUDY ON PER-MILE USER FEE (b), and not later than 2 years after the date of
adopted codes meet or exceed the most recent EQUITY. enactment of this Act, the Comptroller General
published edition of a national, consensus-based (a) ESTABLISHMENT.—Not later than 2 years shall make available on a publicly accessible
model code. after the date of enactment of this Act, the Website, a report that includes—
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H3416 CONGRESSIONAL RECORD — HOUSE June 30, 2021
(1) findings based on the review conducted (b) AMOUNTS FOR VETERAN OWNED SMALL (3) academic experts; and
under subsection (a); BUSINESS CONCERNS.—Except to the extent that (4) any other stakeholder the Working Group
(2) the outcome of the evaluation conducted the Secretary of Transportation determines oth- determines appropriate.
under subsection (b); erwise, not less than 3 percent of the amounts (e) REPORTS.—
(3) a comprehensive set of recommendations to made available for any program under titles I, (1) WORKING GROUP REPORT.—Not later than 2
improve equity considerations in the public II, V, and VII of this division and section 403 of years after the date on which the Working
transportation industry, including recommenda- title 23, United States Code, shall be expended Group is established, the Working Group shall
tions for statutory changes if applicable; and through veteran owned small business concerns. submit to the Secretary a report that includes—
(4) the actions that the Secretary of Transpor- (c) UNIFORM CRITERIA.—The Secretary shall (A) the findings of the review required under
tation could take to effectively address the rec- establish minimum uniform criteria for use by subsection (a), including a summary of any
ommendations provided under paragraph (3). State governments in certifying whether a con- comments received during the consultation proc-
SEC. 1632. STUDY ON EFFECTIVENESS OF SUI- cern qualifies as a veteran owned small business ess under subsection (d); and
CIDE PREVENTION NETS AND BAR- concern for the purpose of this section. Such cri- (B) recommendations on safety counter-
RIERS FOR STRUCTURES OTHER measures, technologies, programs and policies
teria shall include a limit on the personal net
THAN BRIDGES.
worth of the veterans who own and control the for the Department of Transportation to im-
(a) STUDY.—The Comptroller General of the
small business concern. prove roadway work zone safety and practices.
United States shall conduct a study to iden- (2) REPORT TO CONGRESS.—Not later than 1
(d) REPORTING.—The Secretary shall establish
tify— month after the date on which the Secretary re-
minimum requirements for use by State govern-
(1) the types of structures, other than bridges,
ment in reporting to the Secretary— ceives a report under paragraph (1), the Sec-
that attract a high number of individuals at-
(1) information concerning veteran owned retary shall submit to the Committee on Trans-
tempting suicide-by-jumping;
(2) the characteristics that distinguish struc- small business concern awards, commitments, portation and Infrastructure of the House of
tures identified under paragraph (1) from simi- and achievement; and Representatives and the Committee on Environ-
lar structures that do not attract a high number (2) such other information as the Secretary ment and Public Works of the Senate a sum-
of individuals attempting suicide-by-jumping; determined to be appropriate for the proper mary of the report.
(3) the types of nets or barriers that are effec- monitoring of the veterans business enterprise SEC. 1637. GAO STUDY ON NATURE-BASED SOLU-
tive at reducing suicide-by-jumping with respect program. TIONS FOR COASTAL HIGHWAY RE-
SEC. 1635. VEHICLE WEIGHT LIMITATIONS. SILIENCE.
to the structures identified under paragraph (1);
(4) methods of reducing suicide-by-jumping Section 127(i)(1)(A) of title 23, United States (a) STUDY.—The Comptroller General of the
with respect to the structures identified under Code, is amended by inserting ‘‘an emergency United States shall conduct a study on the utili-
paragraph (1) other than nets and barriers; or’’ before ‘‘a major disaster’’. zation of nature-based solutions for improving
(5) quantitative measures of the effectiveness SEC. 1636. ROADWAY WORKER PROTECTION
the resilience of coastal highways and bridges.
of the nets and barriers identified under para- WORKING GROUP. (b) CONTENTS.—In conducting the study under
graph (3); (a) ESTABLISHMENT.—Not later than 180 days subsection (a), the Comptroller General shall ex-
(6) quantitative measures of the effectiveness after the date of enactment of this Act, the Sec- amine—
of the additional methods identified under para- retary of Transportation shall establish a work- (1) the resiliency benefits of nature-based fea-
graph (4); ing group (in this section referred to as the tures that work in conjunction with structural
(7) the entities that typically install the nets ‘‘Working Group’’) to review the methods, prac- features to protect coastal highways and bridges
and barriers identified under paragraph (3); and tices, and technologies necessary to protect by reducing the impacts of floods or other risks
(8) the costs of the nets and barriers identified workers in roadway work zones. of extreme weather;
under paragraph (3). (b) MEMBERSHIP.— (2) the ecological benefits of nature-based fea-
(b) REPORT.—Not later than 1 year after the (1) APPOINTMENT.—The Secretary shall ap- tures for habitat restoration, water quality im-
date of the enactment of this Act, the Comp- point to the Working Group individuals with provements, and recreational aesthetics;
troller General shall submit to the Committee on knowledge and expertise in roadway safety. (3) any potential savings to taxpayers over the
Transportation and Infrastructure of the House (2) REPRESENTATION.—The Working group lifecycles of roadways produced by an inte-
of Representatives and the Committee on Com- shall include at least one representative of each grated approach to resilience against extreme
merce, Science, and Transportation of the Sen- of the following: weather;
ate a report on the results of the study con- (A) State departments of transportation. (4) the utilization rates for integrated nature-
ducted under subsection (a). (B) Local governments or metropolitan plan- based solutions among transportation agencies;
SEC. 1633. TRANSPORTATION PLANNING ACTIVI-
ning organizations. and
TIES. (5) any barriers to the use of nature-based so-
(C) Temporary traffic control organizations.
The Secretary or Transportation shall take all lutions by transportation agencies to improve
(D) Roadway user organizations.
reasonable efforts to provide assistance for an the resilience of coastal roads and bridges.
(E) Vehicle and commercial vehicle manufac-
Olympic or Paralympic event, or a Special
turers. (c) REPORT.—Not later than 1 year after the
Olympics International event, including the fol- date of enactment of this Act, the Comptroller
(F) Labor organizations.
lowing: General shall submit to the Committee on Trans-
(G) Traffic safety organizations.
(1) Planning activities of States and metro- portation and Infrastructure of the House of
(H) Motor carrier and independent owner-op-
politan planning organizations and transpor- Representatives and the Committee on Com-
erator organizations.
tation projects relating to an international merce, Science, and Transportation of the Sen-
(I) Law enforcement and first responder orga-
Olympic or Paralympic event, or a Special ate a report summarizing the study under sub-
nizations.
Olympics International event, under sections section (a) and the results of such study, includ-
(J) Autonomous vehicle technology companies.
134 and 135 of title 23, United States Code. ing recommendations for how the Federal High-
(2) Developing intermodal transportation (K) Any other stakeholders that the Secretary
way Administration can encourage transpor-
plans necessary for the projects, in coordination determines appropriate.
tation agencies to use natural and nature-based
with State and local transportation agencies. (3) TERMINATION.—The Working Group shall
terminate 6 months after the date on which the features to improve the resilience of coastal
(3) Efforts to expedite review and comment by highways and bridges.
the Department of Transportation on any re- Secretary receives the report under subsection
(f)(1). SEC. 1638. REPEAL OF PILOT PROGRAM.
quired submittals pertaining to an Olympic or Section 325 of title 23, United States Code, is
Paralympic event or a Special Olympics Inter- (c) DUTIES.—In carrying out the review re-
quired under subsection (a), the Working Group repealed.
national event.
shall— SEC. 1639. TECHNICAL CORRECTIONS.
(4) Providing technical assistance.
SEC. 1634. BETTER UTILIZING INFRASTRUCTURE (1) evaluate and analyze current work zone (a) IN GENERAL.— Title 23, United States
FOR LASTING DEVELOPMENT OF safety and worker protection traffic control best Code, is amended as follows:
VETERANS BUSINESSES. practices; (1) NAME CORRECTION.—Section 101(a)(17)(C),
(a) DEFINITIONS.—In this section, the fol- (2) identify causes of work zone injuries and as redesignated by section 1103(1)(A) of this Act,
lowing definitions apply: fatalities; is amended by striking ‘‘United States Customs
(1) SMALL BUSINESS CONCERN.—The term (3) identify and evaluate technologies related and Immigration Services’’ and inserting ‘‘ U.S.
‘‘small business concern’’ has the meaning given to vehicle interaction with work zones and Customs and Border Protection’’.
the term in section 3 of the Small Business Act workers in work zones; and (2) TRANSFER OF FUNDS.—Section 104(f)(3) is
(15 U.S.C. 632). (4) identify challenges for transportation con- amended—
(2) VETERAN.—The term ‘‘veteran’’ has the struction project sponsors regarding improving (A) in subparagraph (A), by striking ‘‘the
meaning given the term in section 101(2) of title work zone safety. Federal Highway Administration’’ and inserting
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38, United States Code. (d) CONSULTATION.—In carrying out the re- ‘‘an operating administration of the Department
(3) VETERAN OWNED SMALL BUSINESS CON- view required under subsection (a), the Working of Transportation’’; and
CERN.—The term ‘‘veteran owned small business Group shall consult with— (B) in the paragraph heading, by striking
concern’’ has the meaning given the term ‘‘small (1) transportation construction contractor or- ‘‘FEDERAL HIGHWAY ADMINISTRATION’’
business concern owned and controlled by vet- ganizations; and inserting ‘‘AN OPERATING ADMINISTRA-
erans’’ in section 3(q) of the Small Business Act (2) roadway and roadway safety equipment TION OF THE DEPARTMENT OF TRANS-
(15 U.S.C. 632 (q)). manufacturer organizations; PORTATION’’.
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3417
(3) TERMS AND CONDITIONS.—Section (viii) in paragraph (8), by striking ‘‘(25 U.S.C. ‘‘(D) $18,901,573,693 for fiscal year 2026.
108(c)(3)(F) is amended— 458aaa–15)’’ and inserting ‘‘(25 U.S.C. 5396)’’; ‘‘(2) ALLOCATION OF FUNDS.—Of the amounts
(A) by inserting ‘‘of 1969 (42 U.S.C. 4321 et and made available under paragraph (1)—
seq.)’’ after ‘‘Policy Act’’; and (ix) in paragraph (9), by striking ‘‘(25 U.S.C. ‘‘(A) $189,879,151 for fiscal year 2023,
(B) by striking ‘‘this Act’’ and inserting ‘‘this 458aaa–17)’’ and inserting ‘‘(25 U.S.C. 5398)’’; $192,841,266 for fiscal year 2024, $195,926,726 for
title’’. and fiscal year 2025, and $199,002,776 for fiscal year
(4) EXCLUSION.—Section 112(b)(2) is amended (C) in subsection (m)(2)— 2026, shall be available to carry out section 5305;
in subparagraph (F) by striking ‘‘(F)’’ and all (i) by striking ‘‘505’’ and inserting ‘‘501’’; and ‘‘(B) $7,505,830,848 for fiscal year 2023,
that follows through ‘‘Subparagraphs’’ and in- (ii) by striking ‘‘(25 U.S.C. 450b; 458aaa)’’ and $7,622,921,809 for fiscal year 2024, $7,744,888,558
serting ‘‘(F) Subparagraphs’’. inserting ‘‘(25 U.S.C. 5304; 5381)’’. for fiscal year 2025, and $7,866,483,309 for fiscal
(5) REFERENCE TO STATEWIDE TRANSPORTATION (16) BUY AMERICA.—Section 313 is amended— year 2026 shall be allocated in accordance with
IMPROVEMENT PROGRAM.—Section 115(c) is (A) in subsection (e)(2) by striking ‘‘States;’’ section 5336 to provide financial assistance for
amended by striking ‘‘135(f)’’ and inserting and inserting ‘‘States,’’; and urbanized areas under section 5307;
‘‘135(g)’’. (B) in subsection (f)(1) by striking ‘‘, and’’ ‘‘(C) $101,510,000 for fiscal year 2023,
(6) OPPORTUNITY FOR COMMENT.—Section and inserting ‘‘; and’’. $103,093,556 for fiscal year 2024, $104,743,053 for
134(j) is amended by striking ‘‘subsection (i)(5)’’ (17) PROCEDURES FOR A GIFT OR DONATION.— fiscal year 2025, and $106,387,519 for fiscal year
both places it appears and inserting ‘‘subsection Section 323(d) is amended in the matter pre- 2026 shall be available for grants under section
(i)(6)’’. ceding paragraph (1) by inserting ‘‘(42 U.S.C. 5308;
(7) PERFORMANCE-BASED APPROACH.—Section 4321 et seq.)’’ after ‘‘of 1969’’. ‘‘(D) $434,830,298 for fiscal year 2023,
135(f)(7)(B) is amended by striking the semicolon (18) HIGHWAY SAFETY PROGRAMS.—Section $441,613,651 for fiscal year 2024, $448,679,469 for
at the end and inserting a period. 402(b)(1)(E) is amended by striking the semi- fiscal year 2025, and $455,723,737 for fiscal year
(8) EFFICIENT ENVIRONMENTAL REVIEWS FOR colon at the end and inserting ‘‘; and’’. 2026 shall be available to carry out section 5310,
PROJECT DECISIONMAKING.—Section 139 is (19) USE OF FREIGHT CAPACITY BUILDING PRO- of which not less than—
amended— GRAM FUNDS.—Section 504(g)(6) is amended by ‘‘(i) $5,075,500 for fiscal year 2023, $5,154,678
(A) in subsection (b)(1) by inserting ‘‘(42 striking ‘‘make grants or to’’ and inserting for fiscal year 2024, $5,237,153 for fiscal year
U.S.C. 4321 et seq.)’’ after ‘‘of 1969’’; ‘‘make grants to’’. 2025, and $5,319,376 for fiscal year 2026 shall be
(B) in subsection (c) by inserting ‘‘(42 U.S.C. (20) DEVELOPMENT PHASE ACTIVITIES.—Section available to carry out section 5310(j); and
4321 et seq.)’’ after ‘‘of 1969’’ each place it ap- 602(e) is amended by striking ‘‘601(a)(1)(A)’’ and ‘‘(ii) $20,302,000 for fiscal year 2023, $20,618,711
pears; and inserting ‘‘601(a)(2)(A)’’. for fiscal year 2024, $20,948,611 for fiscal year
(C) in subsection (k)(2) by inserting ‘‘(42 (b) CLERICAL AMENDMENTS.— 2025, and $21,277,504 for fiscal year 2026 shall be
U.S.C. 4321 et seq.)’’ after ‘‘of 1969’’. (1) IN GENERAL.—The table of contents for title available to carry out section 5310(k);
(9) NONDISCRIMINATION.—Section 140(a) is 23, United States Code, is amended in the item ‘‘(E) $1,025,199,724 for fiscal year 2023,
amended, in the third sentence, by inserting a relating to chapter 1 by striking ‘‘FEDERAL $1,041,192,839 for fiscal year 2024, $1,057,851,925
comma after ‘‘Secretary’’. AID HIGHWAYS’’ and inserting ‘‘FEDERAL- for fiscal year 2025, and $1,074,460,200 for fiscal
(10) PUBLIC TRANSPORTATION.—Section 142 is AID HIGHWAYS’’. year 2026 shall be available to carry out section
amended by striking subsection (i). (2) CHAPTER 3.—The analysis for chapter 3 of 5311, of which not less than—
title 23, United States Code, is amended by strik- ‘‘(i) $55,679,500 for fiscal year 2023, $56,392,100
(11) CONGESTION MITIGATION AND AIR QUALITY
ing the item relating to section 325. for fiscal year 2024, $57,134,374 for fiscal year
IMPROVEMENT PROGRAM.—Section 149 is amend-
2025, and $57,874,383 for fiscal year 2026 shall be
ed— SEC. 1640. CREDIT ADJUSTMENTS FOR PAYCHECK
(A) in subsection (b)(1)(A)(ii) by striking ‘‘; PROTECTION PROGRAM LOAN FOR- available to carry out section 5311(c)(1); and
GIVENESS UNDER HIGHWAY AND ‘‘(ii) $50,755,000 for fiscal year 2023, $51,546,778
or,’’ and inserting ‘‘; or’’; and
PUBLIC TRANSPORTATION PROJECT for fiscal year 2024, $52,371,526 for fiscal year
(B) in subsection (g)(2)(B) by striking the
COST REIMBURSEMENT CONTRACTS. 2025, and $53,193,759 for fiscal year 2026 shall be
semicolon at the end and inserting ‘‘; and’’.
(a) IN GENERAL.—Notwithstanding section 112 available to carry out section 5311(c)(2);
(12) TRIBAL TRANSPORTATION PROGRAM DATA
of title 23, United States Code, a covered con- ‘‘(F) $53,498,300 for fiscal year 2023;
COLLECTION.—Section 201(c)(6)(A)(ii) is amended
tractor shall only make credit adjustments to $54,020,873 for fiscal year 2024; $54,565,207 for
by striking ‘‘(25 U.S.C. 450 et seq.)’’ and insert-
the indirect cost rate applied to such contractor fiscal year 2025; $55,107,881 for fiscal year 2026
ing ‘‘(25 U.S.C. 5301 et seq.)’’.
to reflect the portion of loan forgiveness attrib- shall be available to carry out section 5312, of
(13) TRIBAL TRANSPORTATION PROGRAM.—Sec-
utable to the receipt of Federal funds. For pur- which not less than—
tion 202 is amended— ‘‘(i) $5,075,500 for fiscal year 2023, $5,154,678
(A) by striking ‘‘(25 U.S.C. 450 et seq.)’’ each poses of this section, beginning on the date on
which the credit attributable to Federal funds is for fiscal year 2024, $5,237,153 for fiscal year
place it appears and inserting ‘‘(25 U.S.C. 5301 2025, and $5,319,376 for fiscal year 2026 shall be
et seq.)’’; recovered fully, no further indirect cost rate
credit shall be applied or otherwise provided. available to carry out each of sections 5312(d)(3)
(B) in subsection (a)(10)(B) by striking ‘‘(25 and 5312(d)(4);
U.S.C. 450e(b))’’ and inserting ‘‘(25 U.S.C. (b) COVERED CONTRACTOR DEFINED.—For pur-
poses of this section, the term ‘‘covered con- ‘‘(ii) $3,045,300 for fiscal year 2023, $3,092,807
5307(b))’’; and for fiscal year 2024, $3,142,292 for fiscal year
(C) in subsection (b)— tractor’’ means a contractor or subcontractor at
any tier that— 2025, and $3,191,626 for fiscal year 2026 shall be
(i) in paragraph (5) in the matter preceding available to carry out section 5312(h);
subparagraph (A) by inserting ‘‘the’’ after (1) provides architectural and engineering
services under a federally-funded Federal-aid ‘‘(iii) $10,151,000 for fiscal year 2023,
‘‘agreement under’’; and $10,309,356 for fiscal year 2024, $10,474,305 for
(ii) in paragraph (6)(A) by inserting ‘‘the’’ highway program or Federal lands highway
program cost reimbursement contract under title fiscal year 2025, and $10,638,752 for fiscal year
after ‘‘in accordance with’’. 2026 shall be available to carry out section
(14) PERMISSIBLE USES OF RECREATIONAL 23, United States Code;
(2) received loan forgiveness in accordance 5312(i); and
TRAILS PROGRAM APPORTIONED FUNDS.—Section ‘‘(iv) $10,075,500 for fiscal year 2023,
206(d)(2)(G) is amended by striking ‘‘use of rec- with section 1106 of the Coronavirus Aid, Relief,
$10,154,678 for fiscal year 2024, $10,237,153 for
reational trails’’ and inserting ‘‘uses of rec- and Economic Security Act (Public Law 116–
fiscal year 2025, and $10,319,376 shall be avail-
reational trails’’. 136), for a loan provided under paragraph (36)
able to carry out section 5312(j);
(15) TRIBAL TRANSPORTATION SELF-GOVERN- of section 7(a) of the Small Business Act (15
‘‘(G) $23,347,300 for fiscal year 2023,
ANCE PROGRAM.—Section 207 is amended— U.S.C. 636(a)); and
$23,711,518 for fiscal year 2024, $24,090,902 for
(A) in subsection (g)— (3) applied such loan proceeds to indirect costs
fiscal year 2025, and $24,469,129 for fiscal year
(i) by striking ‘‘(25 U.S.C. 450j–1)’’ and insert- that were reimbursed, in whole or in part, with
2026 shall be available to carry out section 5314,
ing ‘‘(25 U.S.C. 5325)’’; and Federal funds.
of which not less than—
(ii) by striking ‘‘(25 U.S.C. 450j-1(f))’’ and in- TITLE II—PUBLIC TRANSPORTATION ‘‘(i) $4,060,400 for fiscal year 2023, $4,123,742
serting ‘‘(25 U.S.C. 5325(f))’’; Subtitle A—Federal Transit Administration for fiscal year 2024, $4,189,722 for fiscal year
(B) in subsection (l)— 2025, and $4,255,501 for fiscal year 2026 shall be
SEC. 2101. AUTHORIZATIONS.
(i) in paragraph (1), by striking ‘‘(25 U.S.C. available to carry out section of 5314(a);
458aaa–5)’’ and inserting ‘‘(25 U.S.C. 5386)’’; (a) IN GENERAL.—Section 5338 of title 49,
‘‘(ii) $5,075,500 for fiscal year 2023, $5,154,678
(ii) in paragraph (2), by striking ‘‘(25 U.S.C. United States Code, is amended to read as fol-
for fiscal year 2024, $5,237,153 for fiscal year
458aaa–6)’’ and inserting ‘‘(25 U.S.C. 5387)’’; lows:
2025, and $5,319,376 for fiscal year 2026 shall be
(iii) in paragraph (3), by striking ‘‘(25 U.S.C. ‘‘§ 5338. Authorizations available to carry out section 5314(c); and
458aaa–7)’’ and inserting ‘‘(25 U.S.C. 5388)’’; ‘‘(a) GRANTS.— ‘‘(iii) $12,181,200 for fiscal year 2023,
(iv) in paragraph (4), by striking ‘‘(25 U.S.C. ‘‘(1) IN GENERAL.—There shall be available $12,371,227 for fiscal year 2024, $12,569,166 for
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458aaa–9)’’ and inserting ‘‘(25 U.S.C. 5390)’’; from the Mass Transit Account of the Highway fiscal year 2025, and $12,766,502 for fiscal year
(v) in paragraph (5), by striking ‘‘(25 U.S.C. Trust Fund to carry out sections 5305, 5307, 2026 shall be available to carry out section
458aaa–10)’’ and inserting ‘‘(25 U.S.C. 5391)’’; 5308, 5310, 5311, 5312, 5314, 5318, 5320, 5328, 5335, 5314(b)(2);
(vi) in paragraph (6), by striking ‘‘(25 U.S.C. 5337, 5339, and 5340— ‘‘(H) $5,075,500 for fiscal year 2023, $5,154,678
458aaa–11)’’ and inserting ‘‘(25 U.S.C. 5392)’’; ‘‘(A) $17,894,460,367 for fiscal year 2023; for fiscal year 2024, $5,237,153 for fiscal year
(vii) in paragraph (7), by striking ‘‘(25 U.S.C. ‘‘(B) $18,201,940,770 for fiscal year 2024; 2025, and $5,319,376 for fiscal year 2026 shall be
458aaa–14)’’ and inserting ‘‘(25 U.S.C. 5395)’’; ‘‘(C) $18,551,676,708 for fiscal year 2025; and available to carry out section 5318;
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H3418 CONGRESSIONAL RECORD — HOUSE June 30, 2021
‘‘(I) $30,453,000 for fiscal year 2023, $30,928,067 ‘‘(E) 0.5 percent of amounts made available to (2) Section 5333(b) of title 49, United States
for fiscal year 2024, $31,422,916 for fiscal year carry out section 5310. Code, is amended by striking ‘‘5328, 5337, and
2025, and $31,916,256 for fiscal year 2026 shall be ‘‘(F) 0.5 percent of amounts made available to 5338(b)’’ each place it appears and inserting
available to carry out section 5328, of which not carry out section 5311. ‘‘and 5337’’.
less than— ‘‘(G) 1 percent of amounts made available to (3) Section 5336 of title 49, United States Code,
‘‘(i) $25,377,500 for fiscal year 2023, $25,773,389 carry out section 5337, of which not less than 25 is amended in subsection (d)(1) by striking
for fiscal year 2024, $26,185,763 for fiscal year percent of such amounts shall be available to ‘‘5338(a)(2)(C)’’ and inserting ‘‘5338(a)(2)(B)’’.
2025, and $26,596,880 for fiscal year 2026 shall be carry out section 5329 and of which not less (4) Subsections (c) and (d)(1) of section 5327 of
available to carry out section of 5328(b); and than 10 percent of such amounts shall be made title 49, United States Code, are amended by
‘‘(ii) $2,537,750 for fiscal year 2023, $2,577,339 available to carry out section 5320. striking ‘‘5338(f)’’ and inserting ‘‘5338(d)’’.
for fiscal year 2024, $2,618,576 for fiscal year ‘‘(H) 1 percent of amounts made available to (5) Section 5340(b) of title 49, United States
2025, and $2,659,688 for fiscal year 2026 shall be carry out section 5339 of which not less than 10 Code, is amended by striking ‘‘5338(b)(2)(N)’’
available to carry out section 5328(c); percent of such amounts shall be made available and inserting ‘‘5338(a)(2)(O)’’.
‘‘(J) $4,060,400 for fiscal year 2023, $4,123,742 to carry out section 5320. SEC. 2102. CHAPTER 53 DEFINITIONS.
for fiscal year 2024, $4,189,722 for fiscal year ‘‘(I) 1 percent of amounts made available to Section 5302 of title 49, United States Code, is
2025, and $4,255,501 for fiscal year 2026 shall be carry out section 5308. amended—
available to carry out section 5335; ‘‘(2) ACTIVITIES.—The activities described in (1) in paragraph (1)(E)—
‘‘(K) $5,366,233,728 for fiscal year 2023, this paragraph are as follows: (A) by striking ‘‘and the installation’’ and in-
$5,460,789,084 for fiscal year 2024, $5,560,170,578 ‘‘(A) Activities to oversee the construction of a
serting ‘‘, the installation’’; and
for fiscal year 2025, and $5,660,288,417 for fiscal major capital project. (B) by inserting ‘‘, charging stations and
year 2026 shall be available to carry out section ‘‘(B) Activities to review and audit the safety
docks for electric micromobility devices, and
5337; and security, procurement, management, and fi-
bikeshare projects’’ after ‘‘public transportation
‘‘(L) to carry out the bus formula program nancial compliance of a recipient or subrecipient
vehicles’’;
under section 5339(a)— of funds under this chapter.
(2) in paragraph (3)—
‘‘(i) $1,240,328,213 for fiscal year 2023, ‘‘(C) Activities to provide technical assistance
(A) in subparagraph (G) by striking clause
$1,259,667,334 for fiscal year 2024, $1,279,832,171 generally, and to provide technical assistance to
(iii) and inserting the following:
for fiscal year 2025, and $1,299,925,536 for fiscal correct deficiencies identified in compliance re-
‘‘(iii) provides a fair share of revenue estab-
year 2026; except that views and audits carried out under this section.
lished by the Secretary that will be used for
‘‘(3) GOVERNMENT SHARE OF COSTS.—The Gov-
‘‘(ii) 15 percent of the amounts under clause public transportation, except for a joint develop-
ernment shall pay the entire cost of carrying out
(i) shall be available to carry out 5339(d); ment that is a community service (as defined by
‘‘(M) $437,080,000 for fiscal year 2023, a contract under this subsection.
‘‘(4) AVAILABILITY OF CERTAIN FUNDS.—Funds the Federal Transit Administration), publicly
$424,748,448 for fiscal year 2024, $387,944,423 for operated facility, or offers a minimum of 50 per-
made available under paragraph (1)(C) shall be
fiscal year 2025, and $351,100,151 for fiscal year cent of units as affordable housing, meaning le-
made available to the Secretary before allo-
2026 shall be available to carry out section gally binding affordability restricted housing
cating the funds appropriated to carry out any
5339(b); units available to tenants with incomes below 60
project under a full funding grant agreement.
‘‘(N) $890,000,000 for fiscal year 2023, percent of the area median income or owners
‘‘(e) GRANTS AS CONTRACTUAL OBLIGATIONS.—
$950,000,000 for fiscal year 2024, $1,065,000,000 ‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST with incomes below the area median;’’;
for fiscal year 2025, and $1,180,000,000 for fiscal FUND.—A grant or contract that is approved by (B) in subparagraph (M) strike ‘‘; or’’ and in-
year 2026 shall be available to carry out section the Secretary and financed with amounts made sert a semicolon;
5339(c); and available from the Mass Transit Account of the (C) in subparagraph (N)—
‘‘(O) $587,133,905 for each of fiscal years 2023 (i) by striking ‘‘no emission’’ and inserting
Highway Trust Fund pursuant to this section is
through 2026 shall be available to carry out sec- ‘‘zero emission’’; and
a contractual obligation of the Government to
tion 5340 to provide financial assistance for ur- (ii) by striking ‘‘(as defined in section 5339(c))
pay the Government share of the cost of the
banized areas under section 5307 and rural or facilities.’’ and inserting ‘‘or facilities; or’’;
project.
areas under section 5311, of which— ‘‘(2) GRANTS FINANCED FROM GENERAL FUND.— and
‘‘(i) $309,688,908 for each of fiscal years 2023 A grant or contract that is approved by the Sec- (D) by adding at the end the following:
through 2026 shall be for growing States under retary and financed with amounts from future ‘‘(O) the employment of forensic consultants,
section 5340(c); and appropriations from the general fund of the cybersecurity experts, or third-party penetration
‘‘(ii) $277,444,997 for each of fiscal years 2023 testers to identify, evaluate, test, and patch
Treasury pursuant to this section is a contrac-
through 2026 shall be for high density States ransomware attack vulnerabilities.’’; and
tual obligation of the Government to pay the
under section 5340(d). (3) by adding at the end the following:
Government share of the cost of the project only
‘‘(b) CAPITAL INVESTMENT GRANTS.—There are ‘‘(25) RESILIENCE.—
to the extent that amounts are appropriated for
authorized to be appropriated to carry out sec- ‘‘(A) IN GENERAL.—The term ‘resilience’
such purpose by an Act of Congress.
tion 5309 $3,500,000,000 for fiscal year 2023, ‘‘(f) AVAILABILITY OF AMOUNTS.—Amounts means, with respect to a facility, the ability to—
$4,250,000,000 for fiscal year 2024, $5,000,000,000 ‘‘(i) anticipate, prepare for, or adapt to condi-
made available by or appropriated under this
for fiscal year 2025, and 5,500,000,000 for fiscal tions; or
section shall remain available until expended.
year 2026. ‘‘(g) LIMITATION ON FINANCIAL ASSISTANCE ‘‘(ii) withstand, respond to, or recover rapidly
‘‘(c) ADMINISTRATION.— FOR STATE-OWNED ENTERPRISES.—
from disruptions.
‘‘(1) IN GENERAL.—There are authorized to be ‘‘(1) IN GENERAL.—Funds provided under this ‘‘(B) INCLUSIONS.—Such term includes, with
appropriated to carry out section 5334, section may not be used in awarding a contract, respect to a facility, the ability to—
$142,060,785 for fiscal year 2023, $144,191,696 for subcontract, grant, or loan to an entity that is ‘‘(i) resist hazards or withstand impacts from
fiscal year 2024, $146,412,248 for fiscal year 2025, owned or controlled by, is a subsidiary of, or is disruptions;
and 148,652,356 for fiscal year 2026. ‘‘(ii) reduce the magnitude, duration, or im-
otherwise related legally or financially to a cor-
‘‘(2) SECTION 5329.—Of the amounts authorized pact of a disruption; or
poration based in a country that—
to be appropriated under paragraph (1), not less ‘‘(A) is identified as a nonmarket economy ‘‘(iii) have the absorptive capacity, adaptive
than $6,000,000 for each of fiscal years 2023 country (as defined in section 771(18) of the Tar- capacity, and recoverability to decrease vulner-
through 2026 shall be available to carry out sec- iff Act of 1930 (19 U.S.C. 1677(18))) as of the date ability to a disruption.
tion 5329. ‘‘(26) ASSAULT ON A TRANSIT WORKER.—The
of enactment of the INVEST in America Act;
‘‘(3) SECTION 5326.—Of the amounts made ‘‘(B) was identified by the United States term ‘assault on a transit worker’ means any
available under paragraph (2), not less than Trade Representative in the most recent report circumstance in which an individual knowingly,
$2,500,000 for each of fiscal years 2023 through required by section 182 of the Trade Act of 1974 without lawful authority or permission, and
2026 shall be available to carry out section 5326. (19 U.S.C. 2242) as a priority foreign country with intent to endanger the safety of any indi-
‘‘(d) OVERSIGHT.— under subsection (a)(2) of that section; and vidual, or with a reckless disregard for the safe-
‘‘(1) IN GENERAL.—Of the amounts made avail- ‘‘(C) is subject to monitoring by the Trade ty of human life, interferes with, disables, or in-
able to carry out this chapter for a fiscal year, Representative under section 306 of the Trade capacitates any transit worker while the transit
the Secretary may use not more than the fol- Act of 1974 (19 U.S.C. 2416). worker is performing his or her duties.’’.
lowing amounts for the activities described in ‘‘(2) EXCEPTION.—For purposes of paragraph SEC. 2103. GENERAL PROVISIONS.
paragraph (2): (1), the term ‘otherwise related legally or finan- Section 5323 of title 49, United States Code, is
‘‘(A) 0.5 percent of amounts made available to cially’ does not include a minority relationship amended—
carry out section 5305. or investment. (1) in subsection (d)—
‘‘(B) 0.75 percent of amounts made available ‘‘(3) INTERNATIONAL AGREEMENTS.—This sub- (A) in paragraph (1) by striking ‘‘urban area’’
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to carry out section 5307. section shall be applied in a manner consistent and inserting ‘‘urbanized area’’;
‘‘(C) 1 percent of amounts made available to with the obligations of the United States under (B) by adding at the end the following:
carry out section 5309. international agreements.’’. ‘‘(3) EXCEPTIONS.—This subsection shall not
‘‘(D) 1 percent of amounts made available to (b) CONFORMING AMENDMENTS.— apply to financial assistance under this chap-
carry out section 601 of the Passenger Rail In- (1) Section 5312(i)(1) of title 49, United States ter—
vestment and Improvement Act of 2008 (Public Code, is amended by striking ‘‘5338(a)(2)(G)(ii)’’ ‘‘(A) in which the non-Federal share of
Law 110–432; 126 Stat. 4968). and inserting ‘‘5338(a)(2)(F)(iii)’’. project costs are provided from amounts received
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3419
under a service agreement with a State or local ‘‘(i) informally; ‘‘(3) ACCESSIBILITY COSTS.—Notwithstanding
social service agency or private social service or- ‘‘(ii) by issuing a violation through a non- paragraph (1), the Federal share of the net
ganization pursuant to section 5307(d)(3)(E) or compliance Letter of Findings; or project cost of a project to provide accessibility
section 5311(g)(3)(C); ‘‘(iii) by other means, which shall be de- improvements consistent with standards in com-
‘‘(B) provided to a recipient or subrecipient scribed; and pliance with the Americans with Disabilities Act
whose sole receipt of such assistance derives ‘‘(D) if a violation was issued for a complaint, of 1990 (42 U.S.C. 12101 et seq.) shall be 90 per-
from section 5310; or whether the Department resolved the non- cent.’’.
‘‘(C) provided to a recipient operating a fixed compliance by— (b) APPORTIONMENTS BASED ON GROWING
route service that is— ‘‘(i) reaching a voluntary compliance agree- STATES AND HIGH DENSITY STATES FORMULA
‘‘(i) for a period of less than 15 days; ment with the entity; FACTORS.—Section 5340(a) of title 49, United
‘‘(ii) accessible to the public; ‘‘(ii) referring the matter to the Attorney Gen- States Code, is amended by inserting ‘‘and the
‘‘(iii) contracted by a local government entity eral; or District of Columbia’’ after ‘‘United States’’.
that provides local cost share to the recipient; ‘‘(iii) by other means, which shall be de-
(c) TECHNICAL ASSISTANCE AND WORKFORCE
‘‘(iv) not contracted for the purposes of a con- scribed.
‘‘(5) REPORT.—The Secretary shall, upon im- DEVELOPMENT.—Section 5314 of title 49, United
vention or on behalf of a convention and visi- States Code, is amended—
tors bureau; and plementation of this section and annually there-
(1) in subsection (a)(1)(B)—
‘‘(v) limited to the service area in which the after, submit to the Committee on Transpor-
(A) in clause (i) by striking ‘‘; and’’ and in-
recipient provides regularly scheduled public tation and Infrastructure of the House of Rep-
serting a semicolon;
transportation service. resentatives, the Committee on Banking, Hous- (B) in clause (ii) by striking ‘‘and vehicle elec-
‘‘(4) GUIDELINES.—The Secretary shall publish ing, and Urban Affairs of the Senate, and make tronics.’’ and inserting ‘‘cybersecurity and miti-
guidelines for grant recipients and private bus publicly available a report containing the infor- gating the threat of ransomware, and vehicle
operators that clarify when and how a transit mation collected under this section.’’; electronics; and’’; and
agency may provide the service in the event a (4) by striking subsection (m) and inserting (C) by adding at the end the following:
registered charter provider does not contact the the following: ‘‘(iii) technical assistance to assist recipients
customer, provide a quote, or provide the serv- ‘‘(m) PREAWARD AND POSTDELIVERY REVIEW
with the impacts of a new census count.’’;
ice.’’; OF ROLLING STOCK PURCHASES.—The Secretary
(2) in subsection (a)(2)—
(2) in subsection (h)— shall prescribe regulations requiring a preaward (A) by redesignating subparagraphs (H) and
(A) in paragraph (1) by adding ‘‘or’’ at the and postdelivery review of a grant under this (I) as subparagraphs (J) and (K), respectively;
end; and chapter to buy rolling stock to ensure compli- and
(B) by striking paragraph (2) and redesig- ance with bid specifications requirements of (B) by inserting after subparagraph (G) the
nating paragraph (3) as paragraph (2); grant recipients under this chapter. Under this following:
(3) by striking subsection (j) and inserting the subsection, grantee inspections and review are ‘‘(H) cybersecurity and mitigating the threat
following: required, and a manufacturer certification is of ransomware;’’;
‘‘(j) REPORTING ACCESSIBILITY COMPLAINTS.— not sufficient.’’; and (3) in subsection (b)(1)(B) by striking ‘‘fe-
‘‘(1) IN GENERAL.—The Secretary shall ensure (5) by amending subsection (r) to read as fol- males’’ and inserting ‘‘women’’; and
that an individual who believes that he or she, lows: (4) in subsection (c)(4)(A) by inserting ‘‘, and
or a specific class in which the individual be- ‘‘(r) REASONABLE ACCESS TO PUBLIC TRANS- not more than 2 percent of amounts under
longs, has been subjected to discrimination on PORTATION FACILITIES.— 5311,’’ after ‘‘5339’’.
the basis of disability by a State or local govern- ‘‘(1) IN GENERAL.—A recipient of assistance (d) NATIONAL TRANSIT DATABASE.—Section
mental entity, private nonprofit organization, or under this chapter— 5335 of title 49, United States Code, is amend-
Tribe that operates a public transportation serv- ‘‘(A) may not deny reasonable access for a ed—
ice and is a recipient or subrecipient of funds private intercity or charter transportation oper- (1) in subsection (a) by inserting ‘‘, including
under this chapter, may, by the individual or by ator to federally funded public transportation information on transit routes and ridership on
an authorized representative, file a complaint facilities, including intermodal facilities, park those routes’’ after ‘‘public sector investment de-
with the Department of Transportation. and ride lots, and bus-only highway lanes; and cision’’; and
‘‘(2) PROCEDURES.—Not later than 1 year after ‘‘(B) shall respond to any request for reason- (2) in subsection (c) by inserting ‘‘, any data
the date of enactment of the INVEST in America able access within 75 days of the receipt of the on each assault on a transit worker, and pedes-
Act, the Secretary shall implement procedures request and, if a recipient of assistance under trian injuries and fatalities as a result of an im-
that allow an individual to submit a complaint this chapter denies access to a private intercity pact with a bus. Each of the data sets shall be
described in paragraph (1) by phone, mail-in or charter transportation operator based on the publicly reported without aggregating the data
form, and online through the website of the Of- reasonable access standards, provide, in writing, with other safety data’’ after ‘‘by the recipi-
fice of Civil Rights of the Federal Transit Ad- the reasons for the denial. ent’’.
ministration. ‘‘(2) DETERMINING REASONABLE ACCESS.—In (e) URBANIZED AREA FORMULA GRANTS.—Sec-
‘‘(3) NOTICE TO INDIVIDUALS WITH DISABIL- determining reasonable access under paragraph tion 5307 of title 49, United States Code, is
ITIES.—Not later than 12 months after the date (1)(A), capacity requirements of the recipient of amended—
of enactment of the INVEST in America Act, the assistance and the extent to which access would (1) in subsection (a)(2)(A)—
Secretary shall require that each public transit be detrimental or beneficial to existing public (A) in clause (i) by striking ‘‘or’’ at the end;
provider and contractor providing paratransit transportation services must be considered and and
services shall include on a publicly available demographic makeup of the riders of a private (B) by adding at the end the following:
website of the service provider, any related mo- intercity or charter transportation operator may ‘‘(iii) operate a minimum of 101 buses and a
bile device application, and online service— not be cited as a detriment to the provision of maximum of 125 buses in fixed route service or
‘‘(A) notice that an individual can file a dis- access. demand response service, excluding ADA com-
ability-related complaint with the local transit ‘‘(3) NOTIFICATION.—If a private intercity or plementary paratransit service, during peak
agency and the process and any timelines for charter transportation operator requesting ac- service hours, in an amount not to exceed 25
filing such a complaint; cess under this subsection is denied such access percent of the share of the apportionment which
‘‘(B) the telephone number, or a comparable by a recipient of assistance under this chapter is attributable to such systems within the urban-
electronic means of communication, for the dis- or does not receive a written response within 75 ized area, as measured by vehicle revenue hours;
ability assistance hotline of the Office of Civil days of submitting the request, such operator or’’;
Rights of the Federal Transit Administration; may notify the Secretary for purposes of inclu- (2) in subsection (a)(2)(B)—
‘‘(C) notice that a consumer can file a dis- sion in the report under paragraph (4). (A) in clause (i) by striking ‘‘or’’ at the end;
ability related complaint with the Office of Civil ‘‘(4) REPORT TO CONGRESS.—The Secretary (B) in clause (ii) by striking the period at the
Rights of the Federal Transit Administration; shall annually submit to the Committee on end and inserting ‘‘; or’’; and
and Transportation and Infrastructure of the House (C) by adding at the end the following:
‘‘(D) an active link to the website of the Office of Representatives and the Committee on Bank- ‘‘(iii) operate a minimum of 101 buses and a
of Civil Rights of the Federal Transit Adminis- ing, Housing, and Urban Affairs of the Senate maximum of 125 buses in fixed route service or
tration for an individual to file a disability-re- a report listing each instance reported under demand response service, excluding ADA com-
lated complaint. paragraph (3) in which— plementary paratransit service, during peak
‘‘(4) INVESTIGATION OF COMPLAINTS.—Not later ‘‘(A) a private intercity or charter transpor- service hours, in an amount not to exceed 25
than 60 days after the last day of each fiscal tation operator requested reasonable access and percent of the share of the apportionment allo-
year, the Secretary shall publish a report that was denied, and the reasons provided by the re- cated to such systems within the urbanized
lists the disposition of complaints described in cipient of assistance under this chapter for the area, as determined by the local planning proc-
paragraph (1), including— denial; and ess and included in the designated recipient’s
ctelli on DSK11ZRN23PROD with HOUSE
‘‘(A) the number and type of complaints filed ‘‘(B) a recipient of assistance under this chap- final program of projects prepared under sub-
with Department of Transportation; ter did not respond to a request for reasonable section (b).’’; and
‘‘(B) the number of complaints investigated by access within 75 days.’’. (3) in subsection (b)—
the Department; SEC. 2104. MISCELLANEOUS PROVISIONS. (A) in paragraph (6) by striking ‘‘and’’ at the
‘‘(C) the result of the complaints that were in- (a) STATE OF GOOD REPAIR GRANTS.—Section end;
vestigated by the Department including whether 5337(e) of title 49, United States Code, is amend- (B) by redesignating paragraph (7) as para-
the complaint was resolved— ed by adding at the end the following: graph (8); and
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H3420 CONGRESSIONAL RECORD — HOUSE June 30, 2021
(C) by inserting after paragraph (6) the fol- and between States and urbanized areas, and transportation improvements and State and
lowing: take into consideration resiliency and climate local planned growth and economic development
‘‘(7) ensure that the proposed program of change adaptation needs while reducing trans- patterns, including housing and land use pat-
projects provides improved access to transit for portation-related fuel consumption, air pollu- terns;’’;
the individuals described in section 5336(j); tion, and greenhouse gas emissions through met- (B) in subparagraph (H) by striking ‘‘and’’ at
and’’. ropolitan and statewide transportation plan- the end;
(f) TECHNICAL CORRECTION.—Section ning processes identified in this chapter; and’’. (C) in subparagraph (I) by striking the period
5307(a)(2)(B)(ii) of title 49, United States Code, (2) in subsection (b)— at the end and inserting ‘‘and reduce or mitigate
is amended by striking ‘‘service during peak’’ (A) by redesignating paragraphs (6) and (7) as stormwater, sea level rise, extreme weather, and
and inserting ‘‘service, during peak’’. paragraphs (7) and (8), respectively; and climate change impacts of surface transpor-
(g) TRANSPORTATION DEVELOPMENT CREDITS (B) by inserting after paragraph (5) the fol- tation;’’; and
AS LOCAL MATCH.— lowing: (D) by inserting after subparagraph (I) the
(1) SECTION 5307.—Section 5307(d)(3) of title 49, ‘‘(6) STIP.—The term ‘STIP’ means a state- following:
United States Code, is amended— wide transportation improvement program devel- ‘‘(J) support emergency management, re-
(A) in subparagraph (D) by striking ‘‘; and’’ oped by a State under section 135(g).’’; sponse, and evacuation and hazard mitigation;
and inserting a semicolon; (3) in subsection (c)— ‘‘(K) improve the level of transportation sys-
(B) in subparagraph (E) by striking the period (A) in paragraph (1) by striking ‘‘and trans- tem access; and
and inserting ‘‘; and’’; and portation improvement programs’’ and inserting ‘‘(L) support inclusive zoning policies and
(C) by adding at the end the following: ‘‘and TIPs’’; and land use planning practices that incentivize af-
‘‘(F) transportation development credits.’’. (B) by adding at the end the following: fordable, elastic, and diverse housing supply,
(2) SECTION 5309.—Section 5309 of title 49, ‘‘(4) CONSIDERATION.—In developing the plans facilitate long-term economic growth by improv-
United States Code, is amended— and TIPs, metropolitan planning organizations ing the accessibility of housing to jobs, and pre-
(A) in subsection (f) by adding at the end the shall consider direct and indirect emissions of vent high housing costs from displacing eco-
following: greenhouse gases.’’; nomically disadvantaged households.’’;
‘‘(3) TRANSPORTATION DEVELOPMENT CRED- (4) in subsection (d)— (7) in subsection (h)(2) by striking subpara-
ITS.—For purposes of assessments and deter- (A) in paragraph (2) by striking ‘‘Not later graph (A) and inserting the following:
minations under this subsection or subsection than 2 years after the date of enactment of the ‘‘(A) IN GENERAL.—Through the use of a per-
(h), transportation development credits that are Federal Public Transportation Act of 2012, formance-based approach, transportation in-
included as a source of local financing or match each’’ and inserting ‘‘Each’’; vestment decisions made as a part of the metro-
shall be treated the same as other sources of (B) in paragraph (3) by adding at the end the politan transportation planning process shall
local financing.’’; and following: support the national goals described in section
(B) in subsection (l)(4)— ‘‘(D) EQUITABLE AND PROPORTIONAL REP- 150(b) of title 23, the achievement of metropoli-
(i) in subparagraph (B) by striking ‘‘; or’’ and RESENTATION.— tan and statewide targets established under sec-
inserting a semicolon; ‘‘(i) IN GENERAL.—In designating officials or tion 150(d) of title 23, the improvement of trans-
(ii) in subparagraph (C) by striking the period representatives under paragraph (2), the metro- portation system access (consistent with section
and inserting a semicolon; and politan planning organization shall ensure the 150(f)) of title 23, and the general purposes de-
(iii) by adding at the end the following: equitable and proportional representation of the scribed in section 5301 of this title.’’;
‘‘(D) transportation development credits; or’’. population of the metropolitan planning area. (8) in subsection (i)—
(3) SECTION 5339.—Section 5339(a)(7)(B) of title ‘‘(ii) SAVINGS CLAUSE.—Nothing in this para- (A) in paragraph (2)(D)(i) by inserting ‘‘re-
49, United States Code, is amended— graph shall require a metropolitan planning or- duce greenhouse gas emissions and’’ before ‘‘re-
(A) in clause (iv) by striking ‘‘; or’’ and in- ganization in existence on the date of enactment store and maintain’’;
serting a semicolon; of this subparagraph to be restructured. (B) in paragraph (2)(G) by inserting ‘‘and cli-
(B) in clause (v) by striking the period and in- ‘‘(iii) REDESIGNATION.—Notwithstanding mate change’’ after ‘‘infrastructure to natural
serting ‘‘; or’’; and clause (ii), the requirements of this paragraph disasters’’;
(C) by adding at the end the following: shall apply to any metropolitan planning orga- (C) in paragraph (2)(H) by inserting ‘‘green-
‘‘(vi) transportation development credits.’’. nization redesignated under paragraph (6).’’; house gas emissions,’’ after ‘‘pollution,’’;
(h) CLARIFICATION OF INCIDENTAL USE.—Sec- (C) in paragraph (6)(B) by striking ‘‘para- (D) in paragraph (5)—
tion 5310(b)(7) of title 49, United States Code, is graph (2)’’ and inserting ‘‘paragraph (2) or (i) in subparagraph (A) by inserting ‘‘air
amended— (3)(D)’’; and quality, public health, housing, transportation,
(1) in the header by inserting ‘‘AND INCI- (D) in paragraph (7)— resilience, hazard mitigation, emergency man-
DENTAL USE’’ after ‘‘INDIVIDUALS’’; (i) by striking ‘‘an existing metropolitan plan- agement,’’ after ‘‘conservation,’’; and
(2) by inserting ‘‘or providing other incidental ning area’’ and inserting ‘‘an urbanized area’’; (ii) by striking subparagraph (B) and insert-
services’’ after ‘‘individuals’’; and and ing the following:
(3) by striking ‘‘delivery service does not con- (ii) by striking ‘‘the existing metropolitan ‘‘(B) ISSUES.—The consultation shall involve,
flict’’ and inserting ‘‘service does not conflict’’. planning area’’ and inserting ‘‘the area’’; as appropriate, comparison of transportation
SEC. 2105. POLICIES AND PURPOSES. (5) in subsection (g)— plans to other relevant plans, including, if
(A) in paragraph (1) by striking ‘‘a metropoli- available—
Section 5301(b) of title 49, United States Code,
tan area’’ and inserting ‘‘an urbanized area’’; ‘‘(i) State conservation plans or maps; and
is amended—
(B) in paragraph (2) by striking ‘‘MPOS’’ and ‘‘(ii) inventories of natural or historic re-
(1) in paragraph (7) by striking ‘‘; and’’ and
inserting ‘‘METROPOLITAN PLANNING AREAS’’; sources.’’; and
inserting a semicolon; (C) in paragraph (3)(A) by inserting ‘‘emer- (E) by amending paragraph (6)(C) to read as
(2) in paragraph (8) by striking the period and gency response and evacuation, climate change follows:
inserting a semicolon; and adaptation and resilience,’’ after ‘‘disaster risk ‘‘(C) METHODS.—
(3) by adding at the end the following: reduction,’’; and ‘‘(i) IN GENERAL.—In carrying out subpara-
‘‘(9) reduce the contributions of the surface (D) by adding at the end the following: graph (A), the metropolitan planning organiza-
transportation system to the total carbon pollu- ‘‘(4) COORDINATION BETWEEN MPOS.— tion shall, to the maximum extent practicable—
tion of the United States; and ‘‘(A) IN GENERAL.—If more than one metro- ‘‘(I) hold any public meetings at convenient
‘‘(10) improve the resiliency of the public politan planning organization is designated and accessible locations and times;
transportation network to withstand weather within an urbanized area under subsection ‘‘(II) employ visualization techniques to de-
events and other natural disasters.’’. (d)(7), the metropolitan planning organizations scribe plans; and
SEC. 2106. FISCAL YEARS 2022 AND 2023 FOR- designated within the area shall ensure, to the ‘‘(III) make public information available in
MULAS. maximum extent practicable, the consistency of electronically accessible format and means, such
For fiscal years 2022 and 2023, the Secretary of any data used in the planning process, includ- as the internet, as appropriate to afford reason-
Transportation shall apportion and distribute ing information used in forecasting transpor- able opportunity for consideration of public in-
formula funds provided for under chapter 53 of tation demand. formation under subparagraph (A).
title 49, United States Code, using data sub- ‘‘(B) SAVINGS CLAUSE.—Nothing in this para- ‘‘(ii) ADDITIONAL METHODS.—In addition to
mitted to the 2019 National Transit Database. graph requires metropolitan planning organiza- the methods described in clause (i), in carrying
SEC. 2107. METROPOLITAN TRANSPORTATION tions designated within a single urbanized area out subparagraph (A), the metropolitan plan-
PLANNING. to jointly develop planning documents, includ- ning organization shall, to the maximum extent
Section 5303 of title 49, United States Code, is ing a unified long-range transportation plan or practicable—
further amended— unified TIP.’’; ‘‘(I) use virtual public involvement, social
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(1) by amending subsection (a)(1) to read as (6) in subsection (h)(1)— media, and other web-based tools to encourage
follows: (A) by striking subparagraph (E) and insert- public participation and solicit public feedback;
‘‘(1) to encourage and promote the safe and ing the following: and
efficient management, operation, and develop- ‘‘(E) protect and enhance the environment, ‘‘(II) use other methods, as appropriate, to
ment of surface transportation systems that will promote energy conservation, reduce greenhouse further encourage public participation of his-
serve the mobility needs of people and freight, gas emissions, improve the quality of life and torically underrepresented individuals in the
foster economic growth and development within public health, and promote consistency between transportation planning process.’’;
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3421
(9) in subsection (j) by striking ‘‘transpor- (ii) by amending clause (ii) to read as follows: (F) in paragraph (9) by striking ‘‘transpor-
tation improvement program’’ and inserting ‘‘(ii) COMPARISON AND CONSIDERATION.—Con- tation improvement program’’ and inserting
‘‘TIP’’ each place it appears; and sultation under clause (i) shall involve the com- ‘‘STIP’’;
(10) by striking ‘‘Federally’’ each place it ap- parison of transportation plans to other rel- (6) in subsection (h)(2)(A) by striking ‘‘Not
pears and inserting ‘‘federally’’. evant plans and inventories, including, if avail- later than 5 years after the date of enactment of
SEC. 2108. STATEWIDE AND NONMETROPOLITAN able— the Federal Public Transportation Act of 2012,’’
TRANSPORTATION PLANNING. ‘‘(I) State and tribal conservation plans or and inserting ‘‘Not less frequently than once
Section 5304 of title 49, United States Code, is maps; and every 4 years,’’;
amended— ‘‘(II) inventories of natural or historic re- (7) in subsection (j) by striking ‘‘transpor-
(1) in subsection (a)— sources.’’; tation improvement program’’ and inserting
(A) in paragraph (1) by striking ‘‘statewide (B) in paragraph (3)(B)— ‘‘STIP’’ each place it appears; and
transportation improvement program’’ and in- (i) by striking ‘‘In carrying out’’ and inserting (8) in subsection (l) by striking ‘‘transpor-
serting ‘‘STIP’’; the following: tation improvement programs’’ and inserting
(B) in paragraph (2)— ‘‘(i) IN GENERAL.—In carrying out’’; ‘‘STIPs’’.
(i) by striking ‘‘The statewide transportation (ii) by redesignating clauses (i) through (iv) as SEC. 2109. OBLIGATION LIMITATION.
plan and the’’ and inserting the following: subclauses (I) through (IV), respectively; and Notwithstanding any other provision of law,
‘‘(A) IN GENERAL.—The statewide transpor- (iii) by adding at the end the following: the total of all obligations from amounts made
tation plan and the’’; ‘‘(ii) ADDITIONAL METHODS.—In addition to available from the Mass Transit Account of the
(ii) by striking ‘‘transportation improvement the methods described in clause (i), in carrying Highway Trust Fund by subsection (a) of sec-
program’’ and inserting ‘‘STIP’’; and out subparagraph (A), the State shall, to the tion 5338 of title 49, United States Code, shall
(iii) by adding at the end the following: maximum extent practicable— not exceed—
‘‘(B) CONSIDERATION.—In developing the ‘‘(I) use virtual public involvement, social (1) $17,894,460,367 for fiscal year 2023;
statewide transportation plans and STIPs, media, and other web-based tools to encourage (2) $18,201,940,770 for fiscal year 2024;
States shall consider direct and indirect emis- public participation and solicit public feedback; (3) $18,551,676,708 for fiscal year 2025; and
sions of greenhouse gases.’’; and and (4) $18,901,573,693 for fiscal year 2026.
(C) in paragraph (3) by striking ‘‘transpor- ‘‘(II) use other methods, as appropriate, to SEC. 2110. PUBLIC TRANSPORTATION EMER-
tation improvement program’’ and inserting further encourage public participation of his- GENCY RELIEF FUNDS.
‘‘STIP’’; torically underrepresented individuals in the Section 5324 of title 49, United States Code, is
(2) in subsection (d)— transportation planning process.’’; amended by adding at the end the following:
(A) in paragraph (1)— (C) in paragraph (4)(A) by inserting ‘‘reduce ‘‘(f) IMPOSITION OF DEADLINE.—
(i) in subparagraph (E)— greenhouse gas emissions and’’ after ‘‘potential ‘‘(1) IN GENERAL.—Notwithstanding any other
(I) by inserting ‘‘reduce greenhouse gas emis- to’’; and provision of law, the Secretary may not require
sions,’’ after ‘‘promote energy conservation,’’; (D) in paragraph (8) by inserting ‘‘including any project funded pursuant to this section to
(II) by inserting ‘‘and public health’’ after consideration of the role that intercity buses advance to the construction obligation stage be-
‘‘improve the quality of life’’; and may play in reducing congestion, pollution, fore the date that is the last day of the sixth fis-
(III) by inserting ‘‘, including housing and greenhouse gas emissions, and energy consump- cal year after the later of—
land use patterns’’ after ‘‘economic development tion in a cost-effective manner and strategies ‘‘(A) the date on which the Governor declared
patterns’’; and investments that preserve and enhance the emergency, as described in subsection (a)(2);
(ii) in subparagraph (H) by striking ‘‘and’’; intercity bus systems, including systems that are or
(iii) in subparagraph (I) by striking the period privately owned and operated’’ after ‘‘transpor- ‘‘(B) the date on which the President declared
at the end and inserting ‘‘and reduce or mitigate tation system’’; a major disaster, as described in such sub-
stormwater, sea level rise, extreme weather, and (5) in subsection (g)— section.
(A) in paragraph (1)(A) by striking ‘‘statewide ‘‘(2) EXTENSION OF DEADLINE.—If the Sec-
climate change impacts of surface transpor-
transportation improvement program’’ and in- retary imposes a deadline for advancement to
tation;’’; and
(iv) by adding at the end the following: serting ‘‘STIP’’; the construction obligation stage pursuant to
‘‘(J) facilitate emergency management, re- (B) in paragraph (5)— paragraph (1), the Secretary may, upon the re-
(i) in subparagraph (A) by striking ‘‘transpor- quest of the Governor of the State, issue an ex-
sponse, and evacuation and hazard mitigation;
tation improvement program’’ and inserting tension of not more than 1 year to complete such
‘‘(K) improve the level of transportation sys-
‘‘STIP’’; advancement, and may issue additional exten-
tem access; and
(ii) in subparagraph (B)(ii) by striking ‘‘met- sions after the expiration of any extension, if
‘‘(L) support inclusive zoning policies and
ropolitan transportation improvement program’’ the Secretary determines the Governor of the
land use planning practices that incentivize af-
and inserting ‘‘TIP’’; State has provided suitable justification to war-
fordable, elastic, and diverse housing supply,
(iii) in subparagraph (C) by striking ‘‘trans- rant an extension.’’.
facilitate long-term economic growth by improv-
portation improvement program’’ and inserting SEC. 2111. CERTIFICATION REQUIREMENTS.
ing the accessibility of housing to jobs, and pre-
‘‘STIP’’ each place it appears; The certification requirements described in
vent high housing costs from displacing eco- (iv) in subparagraph (E) by striking ‘‘trans-
nomically disadvantaged households.’’; section 661.12 of title 49, Code of Federal Regu-
portation improvement program’’ and inserting lations, shall, after the date of enactment of this
(B) in paragraph (2)—
‘‘STIP’’; Act, include a certification that buses or other
(i) by striking subparagraph (A) and inserting (v) in subparagraph (F)(i) by striking ‘‘trans-
the following: rolling stock (including train control, commu-
portation improvement program’’ and inserting nication and traction power equipment) being
‘‘(A) IN GENERAL.—Through the use of a per-
‘‘STIP’’ each place it appears; procured do not contain or use any covered tele-
formance-based approach, transportation in- (vi) in subparagraph (G)(ii) by striking
vestment decisions made as a part of the state- communications equipment or services, as such
‘‘transportation improvement program’’ and in-
wide transportation planning process shall sup- term is defined by section 889 of the John S.
serting ‘‘STIP’’; and
port— McCain National Defense Authorization Act for
(vii) in subparagraph (H) by striking ‘‘trans-
‘‘(i) the national goals described in section Fiscal Year 2019 (Public Law 115–232).
portation improvement program’’ and inserting
150(b) of title 23; ‘‘STIP’’; SEC. 2112. HOLD HARMLESS.
‘‘(ii) the consideration of transportation sys- (C) in paragraph (6)— Notwithstanding any other provision of law,
tem access (consistent with section 150(f) of title (i) in subparagraph (A)— for fiscal years 2021 and 2022, the Secretary of
23); (I) by striking ‘‘transportation improvement Transportation shall allow project sponsors, at
‘‘(iii) the achievement of statewide targets es- program’’ and inserting ‘‘STIP’’; and the request of such sponsor, to submit ridership
tablished under section 150(d) of title 23; and (II) by striking ‘‘and projects carried out and service data and projections collected before
‘‘(iv) the general purposes described in section under the bridge program or the Interstate January 20, 2020 and projections based on that
5301 of this title.’’; and maintenance program under title 23’’; and data to determine project eligibility under sec-
(ii) in subparagraph (D) by striking ‘‘state- (ii) in subparagraph (B)— tion 5309 of title 49, United States Code.
wide transportation improvement program’’ and (I) by striking ‘‘or under the bridge program SEC. 2113. STUDY ON ACCESSIBILITY OF PUBLIC
inserting ‘‘STIP’’; and or the Interstate maintenance program’’; and TRANSPORTATION.
(C) in paragraph (3) by striking ‘‘statewide (II) by striking ‘‘statewide transportation im- (a) REPORT.—Not later than 1 year after the
transportation improvement program’’ and in- provement program’’ and inserting ‘‘STIP’’; date of enactment of this Act, the Secretary of
serting ‘‘STIP’’; (D) in paragraph (7)— Transportation shall submit to Congress a re-
(3) in subsection (e)(3) by striking ‘‘transpor- (i) in the heading by striking ‘‘TRANSPOR- port that includes—
tation improvement program’’ and inserting TATION IMPROVEMENT PROGRAM’’ and inserting (1) a description of the challenges faced by
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‘‘STIP’’; ‘‘STIP’’; and each of the populations described in subsection
(4) in subsection (f)— (ii) by striking ‘‘transportation improvement (b) when riding public transportation; and
(A) in paragraph (2)(D)— program’’ and inserting ‘‘STIP’’; (2) recommendations to improve the accessi-
(i) in clause (i) by inserting ‘‘air quality, pub- (E) in paragraph (8) by striking ‘‘statewide bility of federally-funded public transportation
lic health, housing, transportation, resilience, transportation plans and programs’’ and insert- for the populations described in subsection (b).
hazard mitigation, emergency management,’’ ing ‘‘statewide transportation plans and (b) COVERED POPULATIONS.—The populations
after ‘‘conservation,’’; and STIPs’’; and described in subsection (a) shall be—
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H3422 CONGRESSIONAL RECORD — HOUSE June 30, 2021
(1) pregnant women; and ‘‘(A) provided for such project under title 23; (iv) by striking subparagraph (B) and insert-
(2) individuals living in areas of persistent and ing the following:
poverty, as such term is defined in section 172(l) ‘‘(B) provided for such project from non-Fed- ‘‘(B) the total number of bus passenger miles
of title 23, United States Code, as added by this eral funds budgeted for roadways. traveled on the highest 25 percent of routes by
Act, and individuals that are unbanked or ‘‘(i) REQUIREMENTS OF SECTION 5307.—Except ridership multiplied by the total number of buses
underbanked. as otherwise provided in this section, a grant operating in peak revenue service per hour on
Subtitle B—Improving Frequency and under this section shall be subject to the re- the highest 25 percent of routes by ridership in
Ridership quirements of section 5307. all areas.’’; and
SEC. 2201. MULTI-JURISDICTIONAL BUS FRE- ‘‘(j) AVAILABILITY OF FUNDS.— (C) by adding at the end the following:
QUENCY AND RIDERSHIP COMPETI- ‘‘(1) IN GENERAL.—Amounts made available to ‘‘(3) Two percent of the total amount appor-
TIVE GRANTS. carry out this section shall remain available for tioned under this subsection shall be appor-
(a) IN GENERAL.—Chapter 53 of title 49, 4 fiscal years after the fiscal year for which the tioned so that each urbanized area with a popu-
United States Code, is amended by inserting amount was made available. lation of at least 200,000 and less than 500,000 is
after section 5307 the following new section: ‘‘(2) UNOBLIGATED AMOUNTS.—After the expi- entitled to receive an amount using the formula
‘‘§ 5308. Multi-jurisdictional bus frequency ration of the period described in paragraph (1) in paragraph (1).
for an amount made available to carry out this ‘‘(4) For fiscal years 2023 and 2024, the per-
and ridership competitive grants
section, any unobligated amounts made avail- centage—
‘‘(a) IN GENERAL.—The Secretary shall make able to carry out this section shall be added to ‘‘(A) in paragraph (1) in the matter preceding
grants under this section, on a competitive the amounts made available for the following subparagraph (A) shall be treated as 100 per-
basis, to eligible recipients to increase the fre- fiscal year. cent;
quency of bus service and the ridership of public ‘‘(k) ELIGIBLE RECIPIENTS.—In this section, ‘‘(B) in paragraph (2) in the matter preceding
transit buses. the term ‘eligible recipient’ means a recipient of subparagraph (A) shall be treated as 0 percent;
‘‘(b) APPLICATIONS.—To be eligible for a grant a grant under section 5307 in an urbanized area and
under this section, an eligible recipient shall with a population greater than 500,000.’’. ‘‘(C) in paragraph (3) shall be treated as 0
submit to the Secretary an application at such (b) CLERICAL AMENDMENT.—The analysis for percent.’’; and
time, in such manner, and containing such in- chapter 53 of title 49, United States Code, is (3) by adding at the end the following:
formation as the Secretary may require. amended by inserting after the item relating to ‘‘(k) PEAK REVENUE SERVICE DEFINED.—In
‘‘(c) APPLICATION TIMING.—Not later than 90 this section, the term ‘peak revenue service’
section 5307 the following new item:
days after amounts are made available to carry means the time period between the time in the
out this section, the Secretary shall solicit grant ‘‘5308. Multi-jurisdictional bus frequency and
ridership competitive grants.’’. morning that an agency first exceeds the num-
applications from eligible recipients for projects ber of midday vehicles in revenue service and
described in subsection (d). SEC. 2202. INCENTIVIZING FREQUENCY IN THE
URBAN FORMULA. the time in the evening that an agency falls
‘‘(d) USES OF FUNDS.—An eligible recipient of below the number of midday vehicles in revenue
a grant under this section shall use such grant Section 5336 of title 49, United States Code, is
service.’’.
for transportation capital projects that— amended—
SEC. 2203. MOBILITY INNOVATION.
‘‘(1) increase— (1) in subsection (b)—
‘‘(A) the frequency of bus service; (A) in paragraph (2)— (a) IN GENERAL.—Chapter 53 of title 49,
‘‘(B) bus ridership; and (i) in subparagraph (A)— United States Code, is amended by inserting
‘‘(C) total person throughput; and (I) in the matter preceding clause (i) by strik- after section 5315 the following new section:
‘‘(2) are consistent with, and as described in, ing ‘‘95.61 percent’’ and inserting ‘‘95 percent’’; ‘‘§ 5316. Mobility innovation
the design guidance issued by the National As- (II) in clause (i) by striking ‘‘95.61 percent’’ ‘‘(a) IN GENERAL.—Amounts made available to
sociation of City Transportation Officials and and inserting ‘‘95 percent’’; and a covered recipient to carry out sections 5307,
titled ‘Transit Street Design Guide’. (III) in clause (ii) by striking ‘‘95.61 percent’’ 5310, and 5311 may be used by such covered re-
‘‘(e) GRANT CRITERIA.—In making grants and inserting ‘‘95 percent’’; and cipient under this section to assist in the financ-
under this section, the Secretary shall consider (ii) in subparagraph (B)— ing of—
the following: (I) in the matter preceding clause (i) by strik- ‘‘(1) mobility as a service; and
‘‘(1) Each eligible recipient’s projected in- ing ‘‘4.39 percent’’ and inserting ‘‘5 percent’’; ‘‘(2) mobility on demand services.
crease in bus frequency. (II) in clause (i)— ‘‘(b) FEDERAL SHARE.—
‘‘(2) Each eligible recipient’s projected in- (aa) by inserting ‘‘in the highest 25 percent of ‘‘(1) IN GENERAL.—Except as provided in para-
crease in bus ridership. routes by ridership’’ before ‘‘multiplied by’’; and graphs (2) and (3), the Federal share of the net
‘‘(3) Each eligible recipient’s projected in- (bb) by striking ‘‘vehicle passenger miles trav- cost of a project carried out under this section
crease in total person throughput. eled for each dollar of operating cost in an shall not exceed 70 percent.
‘‘(4) The degree of regional collaboration de- area’’ and inserting ‘‘vehicles operating in peak ‘‘(2) INSOURCING INCENTIVE.—Notwithstanding
scribed in each eligible recipient’s application, revenue service per hour in the highest 25 per- paragraph (1), the Federal share of the net cost
including collaboration with— cent of routes by ridership’’; and of a project described in paragraph (1) shall, at
‘‘(A) a local government entity that operates a (III) in clause (ii)— the request of the project sponsor, be increased
public transportation service; (aa) by inserting ‘‘in the highest 25 percent of
‘‘(B) local government agencies that control by up to 10 percent for mobility on demand serv-
routes by ridership’’ before ‘‘multiplied by’’; and ice operated exclusively by personnel employed
street design;
(bb) by striking ‘‘vehicle passenger miles trav- by the recipient.
‘‘(C) metropolitan planning organizations (as
eled for each dollar of operating cost in all ‘‘(3) ZERO EMISSION INCENTIVE.—Notwith-
such term is defined in section 5303); and
areas’’ and inserting ‘‘vehicles operating in standing paragraph (1), the Federal share of the
‘‘(D) State departments of transportation.
‘‘(f) GRANT TIMING.—The Secretary shall peak revenue service per hour in the highest 25 net cost of a project described in paragraph (1)
award grants under this section not later than percent of routes by ridership’’; and shall, at the request of the project sponsor, be
120 days after the date on which the Secretary (B) by adding at the end the following: increased by up to 10 percent if such project in-
completes the solicitation described in subsection ‘‘(3) SPECIAL RULE.—For fiscal years 2023 and volves an eligible use that uses a vehicle that
(c). 2024, the percentage— produces zero carbon dioxide or particulate mat-
‘‘(g) REQUIREMENTS OF THE SECRETARY.—In ‘‘(A) in paragraph (2)(A) in the matter pre- ter.
carrying out the program under this section, the ceding clause (i) shall be treated as 100 percent; ‘‘(c) ELIGIBLE USES.—
Secretary shall— and ‘‘(1) IN GENERAL.—The Secretary shall publish
‘‘(1) not later than the date described in sub- ‘‘(B) in paragraph (2)(B) in the matter pre- guidance describing eligible activities that are
section (c), publish in the Federal Register a list ceding clause (i) shall be treated as 0 percent.’’; demonstrated to—
of all metrics and evaluation procedures to be (2) in subsection (c)— ‘‘(A) increase transit ridership;
used in making grants under this section; and (A) in paragraph (1) by striking ‘‘90.8 per- ‘‘(B) be complementary to fixed route transit
‘‘(2) publish in the Federal Register— cent’’ and inserting ‘‘90 percent’’ each place it service;
‘‘(A) a summary of the final metrics and eval- appears; ‘‘(C) demonstrate meaningful improvements
uations used in making grants under this sec- (B) in paragraph (2)— in—
tion; and (i) by striking ‘‘9.2 percent’’ and inserting ‘‘8 ‘‘(i) environmental metrics, including stand-
‘‘(B) a list of the ratings of eligible recipients percent’’; ards established pursuant to the Clean Air Act
receiving a grant under this section based on (ii) by striking ‘‘200,000’’ and inserting (42 U.S.C. 7401 et seq.) and greenhouse gas per-
such metrics and evaluations. ‘‘500,000’’; formance targets established pursuant to section
‘‘(h) FEDERAL SHARE.— (iii) by striking subparagraph (A) and insert- 150(d) of title 23;
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‘‘(1) IN GENERAL.—The Federal share of the ing the following: ‘‘(ii) traffic congestion;
cost of a project carried out under this section ‘‘(A) the number of bus passenger miles trav- ‘‘(iii) compliance with the requirements under
shall not exceed 80 percent. eled on the highest 25 percent of routes by rider- the Americans with Disabilities Act of 1990 (42
‘‘(2) RESTRICTION ON GRANT AMOUNTS.—The ship multiplied by the number of buses oper- U.S.C. 12101 et seq.);
Secretary may make a grant for a project under ating in peak revenue service per hour on the ‘‘(iv) low-income service to increase access to
this section in an amount up to 150 percent of highest 25 percent of routes by ridership; divided employment, healthcare, and other essential
the amount— by’’; and services;
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3423
‘‘(v) service during times of the day when reg- the date of enactment of this section and ending ‘‘(h) SAVINGS CLAUSE.—Subsection (c)(2) and
ular transit service is not operating, as long as on the date that is 3 years after such date. subsection (g) shall not apply to any eligible ac-
regular transit service hours are not reduced; ‘‘(5) LIMITATION.—A waiver issued under sub- tivities under this section if such activities are—
‘‘(vi) new service that operates in areas of paragraphs (B), (C), or (D) of paragraph (4) ‘‘(1) being carried out in compliance with the
lower density that are unserved or underserved may only be issued on an individual project Americans with Disabilities Act of 1990 (42
by regular transit service; basis at the request of the covered recipient and U.S.C. 12101 et seq.); or
‘‘(vii) rural service; and may not be renewed or extended beyond the ini- ‘‘(2) projects eligible under section 5310 that
‘‘(viii) improvement in paratransit service tial 3-year period of the waiver. exceed the requirements of the Americans with
quality. ‘‘(f) OPEN DATA STANDARDS.— Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
‘‘(2) FARE COLLECTION MODERNIZATION.—In ‘‘(1) IN GENERAL.—Not later than 90 days after ‘‘(i) DEFINITIONS.—In this section:
developing guidance referred to in this section, the date of enactment of this section, the Sec- ‘‘(1) COVERED RECIPIENT.—The term ‘covered
the Secretary shall ensure that— retary shall initiate procedures under sub- recipient’ means a State or local government en-
‘‘(A) all costs associated with installing, mod- chapter III of chapter 5 of title 5 to develop an tity, private nonprofit organization, or Tribe
ernizing, and managing fare collection, includ- open data standard and an application pro- that—
ing touchless payment systems, shall be consid- gramming interface necessary to carry out this ‘‘(A) operates a public transportation service;
ered eligible expenses under this title and sub- section. and
ject to the applicable Federal share; and ‘‘(2) REGULATIONS.—The regulations required ‘‘(B) is a recipient or subrecipient of funds
‘‘(B) such guidance includes guidance on how under paragraph (1) shall require public trans- under section 5307, 5310, or 5311.
agencies shall provide unbanked and under- portation agencies, mobility on demand pro- ‘‘(2) DEADHEAD VEHICLE MILES.—The term
banked users with an opportunity to benefit viders, mobility as a service technology pro- ‘deadhead vehicle miles’ means the miles that a
from mobility as a service platforms. viders, other non-government actors, and local vehicle travels when out of revenue service, in-
‘‘(3) PROHIBITION ON USE OF FUNDS.—Amounts governments the efficient means to transfer data cluding leaving or returning to the garage or
used by a covered recipient for projects eligible to— yard facility, changing routes, when there is no
under this section may not be used for— ‘‘(A) foster the efficient use of transportation expectation of carrying revenue passengers, and
‘‘(A) single passenger vehicle miles (in a pas- capacity; any miles traveled by a private operator without
senger motor vehicle, as such term is defined in ‘‘(B) enhance the management of new modes a passenger.
section 32101, that carries less than 9 pas- of mobility; ‘‘(3) MOBILITY AS A SERVICE.—The term ‘mo-
sengers), unless the trip— ‘‘(C) enable the use of innovative planning bility as a service’ means services that constitute
‘‘(i) meets the definition of public transpor- tools; the integration of mobility on demand services
tation; and ‘‘(D) enable single payment systems for all and public transportation that are available
‘‘(ii) begins or completes a fixed route public mobility on demand services; and accessible to all travelers, provide
transportation trip; ‘‘(E) establish metropolitan planning organi- multimodal trip planning, and a unified pay-
‘‘(B) deadhead vehicle miles; or zation, State, and local government access to ment system.
‘‘(C) any service considered a taxi service that anonymized data for transportation planning, ‘‘(4) MOBILITY ON DEMAND.—The term ‘mobil-
operates under an exemption from testing re- real time operations data, and rules; ity on demand’ means an on-demand transpor-
quirements under section 5331. ‘‘(F) prohibit the transfer of personally identi- tation service shared among individuals, either
‘‘(d) FEDERAL REQUIREMENTS.—A project car- fiable information; concurrently or one after another.’’.
ried out under this section shall be treated as if ‘‘(G) protect confidential business informa- (b) CLERICAL AMENDMENT.—The analysis for
such project were carried out under the section tion; chapter 53 of title 49, United States Code, is
from which the funds were provided to carry out ‘‘(H) enhance cybersecurity protections; and amended by inserting after the item relating to
such project, including the application of any ‘‘(I) allow data governance, including but not section 5315 the following new item:
additional requirements provided for by law limited to licensing and terms of information
sharing, periodic risk assessments, policies re- ‘‘5316. Mobility innovation.’’.
that apply to section 5307, 5310, or 5311, as ap-
garding data retention and information han- (c) EFFECTIVE DATE.—This section and the
plicable.
dling policies, and anonymization techniques. amendments made by this section shall take ef-
‘‘(e) WAIVER.—
‘‘(3) PROHIBITION ON FOR PROFIT ACTIVITY.— fect on the date on which the Secretary of
‘‘(1) INDIVIDUAL WAIVER.—Except as provided
Any data received by an entity under this sub- Transportation has finalized both—
in paragraphs (2) and (3), the Secretary may
section may not be sold, leased, or otherwise (1) the guidance required under section 5316(c)
waive any requirement applied to a project car-
used to generate profit, except for the direct pro- of title 49, United States Code; and
ried out under this section pursuant to sub-
vision of the related mobility on demand services (2) the regulations required under section
section (d) if the Secretary determines that the
and mobility as a service. 5316(f) of title 49, United States Code.
project would—
‘‘(4) COMMITTEE.—A negotiated rulemaking (d) SAVINGS CLAUSE.—Nothing in this section,
‘‘(A) not undermine labor standards;
committee established pursuant to section 565 of or the amendments made by this section, shall
‘‘(B) increase employment opportunities of the
title 5 to carry out this subsection shall have a prohibit the use of funds for an eligible activity
recipient unless the Secretary determines that
maximum of 17 members limited to representa- or pilot project of a covered recipient authorized
such a waiver does not affect employment op-
tives of the Department of Transportation, State under the law in effect on the day before the
portunities; and
and local governments, metropolitan planning date of enactment of this Act before the effective
‘‘(C) be consistent with the public interest.
organizations, urban and rural covered recipi- date described in subsection (c).
‘‘(2) WAIVER UNDER OTHER SECTIONS.—The
Secretary may not waive any requirement under ents, associations that represent public transit SEC. 2204. FORMULA GRANTS FOR RURAL AREAS.
paragraph (1) for which a waiver is otherwise agencies, representatives from at least 3 dif- Section 5311 of title 49, United States Code, is
available. ferent organizations engaged in collective bar- amended—
‘‘(3) PROHIBITION OF WAIVER.—Notwith- gaining on behalf of transit workers in not (1) in subsection (b)—
standing paragraph (1), the Secretary may not fewer than 3 States, mobility on demand pro- (A) in paragraph (2) by adding at the end the
waive any requirement of— viders, and mobility as a service technology pro- following:
‘‘(A) section 5333; viders. ‘‘(D) CENSUS DESIGNATION.—The Secretary
‘‘(B) section 5331; ‘‘(5) PUBLICATION OF PROPOSED REGULA- may approve a State program that allocates not
‘‘(C) section 5302(14); and TIONS.—Proposed regulations to implement this more than 5 percent of such State’s apportion-
‘‘(D) chapter 53 that establishes a maximum section shall be published in the Federal Reg- ment to assist rural areas that were redesig-
Federal share for operating costs. ister by the Secretary not later than 18 months nated as urban areas not more than 2 fiscal
‘‘(4) APPLICATION OF SECTION 5320.—Notwith- after such date of enactment. years after the last census designation of urban-
standing paragraphs (1) and (2), the Secretary ‘‘(6) EXTENSION OF DEADLINES.—A deadline set ized area boundaries.’’; and
may only waive the requirements of section 5320 forth in paragraph (4) may be extended up to (B) in paragraph (3) by striking ‘‘section
with respect to— 180 days if the negotiated rulemaking committee 5338(a)(2)(F)’’ and inserting ‘‘section
‘‘(A) a passenger vehicle owned by an indi- referred to in paragraph (5) concludes that the 5338(a)(2)(E)’’;
vidual; committee cannot meet the deadline and the Sec- (2) in subsection (c)—
‘‘(B) subsection (q) of such section for any retary so notifies the Committee on Transpor- (A) in paragraph (1)—
passenger vehicle not owned by an individual tation and Infrastructure of the House of Rep- (i) in the matter preceding subparagraph (A)
for the period beginning on the date of enact- resentatives and the Committee on Banking, by striking ‘‘section 5338(a)(2)(F)’’ and inserting
ment of this section and ending 3 years after Housing, and Urban Affairs of the Senate. ‘‘section 5338(a)(2)(E)’’;
such date; ‘‘(g) APPLICATION OF RECIPIENT VEHICLE REV- (ii) in subparagraph (A) by striking
‘‘(C) any shared micromobility device for the ENUE MILES.—With respect to vehicle revenue ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’; and
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period beginning on the date of enactment of miles with one passenger of a covered recipient (iii) in subparagraph (B) by striking
this section and ending on the date that is 3 using amounts under this section, such miles— ‘‘$30,000,000’’ and inserting ‘‘the amount re-
years after such date; and ‘‘(1) shall be included in the National Transit maining under section 5338(a)(2)(E)(i) after the
‘‘(D) rolling stock that is part of a dedicated Database under section 5335; and amount under subparagraph (A) is distributed’’;
fleet of vehicles for the provision of microtransit ‘‘(2) shall be excluded from vehicle revenue (B) in paragraph (2)(C) by striking ‘‘section
that is operated by, or exclusively on behalf of, miles data used in the calculation described in 5338(a)(2)(F)’’ and inserting ‘‘section
the covered recipient for the period beginning on section 5336. 5338(a)(2)(E)’’; and
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H3424 CONGRESSIONAL RECORD — HOUSE June 30, 2021
(C) in paragraph (3)— an extra stop in non-fixed route Americans with iron, and manufactured goods used in the
(i) in subparagraph (A) by striking ‘‘section Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) project are produced in the United States.
5338(a)(2)(F)’’ and inserting ‘‘section service for a paratransit rider to complete essen- ‘‘(b) WAIVER.—The Secretary may waive sub-
5338(a)(2)(E)’’; and tial tasks. section (a) if the Secretary finds that—
(ii) by striking subparagraphs (B) and (C) and ‘‘(2) PREFERENCE.—The Secretary shall give ‘‘(1) applying subsection (a) would be incon-
inserting the following: preference to eligible recipients that— sistent with the public interest;
‘‘(B) LAND AREA.— ‘‘(A) have comparable data for the year prior ‘‘(2) the steel, iron, and goods produced in the
‘‘(i) IN GENERAL.—Subject to clause (ii), each to implementation of the grant program and United States are not produced in a sufficient
State shall receive an amount that is equal to 15 made available to the Secretary, academic and and reasonably available amount or are not of
percent of the amount apportioned under this nonprofit organizations for research purposes; a satisfactory quality;
paragraph, multiplied by the ratio of the land and ‘‘(3) when procuring rolling stock (including
area in rural areas in that State and divided by ‘‘(B) plan to use agency personnel to imple- train control, communication, traction power
the land area in all rural areas in the United ment the pilot program. equipment, and rolling stock prototypes) under
States, as shown by the most recent decennial ‘‘(3) APPLICATION CRITERIA.—To be eligible to this chapter—
census of population. participate in the grant program, an eligible re- ‘‘(A) the cost of components and subcompo-
‘‘(ii) MAXIMUM APPORTIONMENT.—No State cipient shall submit to the Secretary an applica- nents produced in the United States is more
shall receive more than 5 percent of the amount tion containing such information as the Sec- than 70 percent of the cost of all components of
apportioned under clause (i). retary may require, including information on— the rolling stock; and
‘‘(C) POPULATION.—Each State shall receive ‘‘(A) locations the eligible entity intends to ‘‘(B) final assembly of the rolling stock has
an amount equal to 50 percent of the amount allow a stop at, if stops are limited, including— occurred in the United States; or
apportioned under this paragraph, multiplied by ‘‘(i) childcare or education facilities; ‘‘(4) including domestic material will increase
the ratio of the population of rural areas in that ‘‘(ii) pharmacies; the cost of the overall project by more than 25
State and divided by the population of all rural ‘‘(iii) grocery stores; and percent.
areas in the United States, as shown by the ‘‘(iv) bank or ATM locations; ‘‘(c) WRITTEN WAIVER DETERMINATION AND
most recent decennial census of population. ‘‘(B) methodology for informing the public of ANNUAL REPORT.—
‘‘(D) VEHICLE REVENUE MILES.— the grant program; ‘‘(1) WAIVER PROCEDURE.—Not later than 120
‘‘(i) IN GENERAL.—Subject to clause (ii), each ‘‘(C) vehicles, personnel, and other resources days after the submission of a request for a
State shall receive an amount that is equal to 25 that will be used to implement the grant pro- waiver, the Secretary shall make a determina-
percent of the amount apportioned under this gram; tion under subsection (b)(1), (b)(2), or (b)(4) as
paragraph, multiplied by the ratio of vehicle ‘‘(D) if the applicant does not intend the to whether to waive subsection (a).
revenue miles in rural areas in that State and grant program to apply to the full area under ‘‘(2) PUBLIC NOTIFICATION AND COMMENT.—
divided by the vehicle revenue miles in all rural the jurisdiction of the applicant, a description ‘‘(A) IN GENERAL.—Not later than 30 days be-
areas in the United States, as determined by na- of the geographic area in which the applicant fore making a determination regarding a waiver
tional transit database reporting. intends the grant program to apply; and described in paragraph (1), the Secretary shall
‘‘(ii) MAXIMUM APPORTIONMENT.—No State ‘‘(E) the anticipated amount of increased op- provide notification and an opportunity for
shall receive more than 5 percent of the amount erating costs. public comment on the request for such waiver.
apportioned under clause (i). ‘‘(4) SELECTION.—The Secretary shall seek to ‘‘(B) NOTIFICATION REQUIREMENTS.—The noti-
‘‘(E) LOW-INCOME INDIVIDUALS.—Each State achieve diversity of participants in the grant fication required under subparagraph (A)
shall receive an amount that is equal to 10 per- program by selecting a range of eligible entities shall—
that includes at least— ‘‘(i) describe whether the application is being
cent of the amount apportioned under this para-
‘‘(A) 5 eligible recipients that serve an area made for a waiver described in subsection (b)(1),
graph, multiplied by the ratio of low-income in-
with a population of 50,000 to 200,000; (b)(2) or (b)(4); and
dividuals in rural areas in that State and di-
‘‘(B) 10 eligible recipients that serve an area ‘‘(ii) be provided to the public by electronic
vided by the number of low-income individuals
with a population of over 200,000; and means, including on a public website of the De-
in all rural areas in the United States, as shown
‘‘(C) 5 eligible recipients that provide trans- partment of Transportation.
by the Bureau of the Census.’’;
portation for rural communities. ‘‘(3) DETERMINATION.—Before a determination
(3) in subsection (f)—
‘‘(5) DATA-SHARING CRITERIA.—An eligible re- described in paragraph (1) takes effect, the Sec-
(A) in paragraph (1) by inserting ‘‘A State
cipient in this subsection shall provide data as retary shall publish a detailed justification for
may expend funds to continue service into an-
the Secretary requires, which may include— such determination that addresses all public
other State to extend a route.’’ before ‘‘Eligible
‘‘(A) number of ADA paratransit trips con- comments received under paragraph (2)—
activities under’’;
ducted each year; ‘‘(A) on the public website of the Department
(B) in paragraph (2) by inserting ‘‘and makes
‘‘(B) requested time of each paratransit trip; of Transportation; and
the certification and supporting documents pub-
‘‘(C) scheduled time of each paratransit trip; ‘‘(B) if the Secretary issues a waiver with re-
licly available’’ before the period at the end;
‘‘(D) actual pickup time for each paratransit spect to such determination, in the Federal Reg-
and
trip; ister.
(C) by adding at the end the following: ‘‘(E) average length of a stop in the middle of ‘‘(4) ANNUAL REPORT.—Annually, the Sec-
‘‘(3) MEANINGFUL CONNECTIONS.—All projects a ride as allowed by this subsection; retary shall submit to the Committee on Bank-
funded under this subsection shall directly ‘‘(F) any complaints received by a paratransit ing, Housing, and Urban Affairs of the Senate
serve, or make meaningful scheduled connec- rider; and the Committee on Transportation and In-
tions to, the national intercity bus network.’’; ‘‘(G) rider satisfaction with paratransit serv- frastructure of the House of Representatives a
and ices; and report listing any waiver issued under para-
(4) in subsection (g) by adding at the end the ‘‘(H) after the completion of the grant, an as- graph (1) during the preceding year.
following: sessment by the eligible recipient of its capacity ‘‘(d) ROLLING STOCK WAIVER CONDITIONS.—
‘‘(6) ALLOWANCE FOR VOLUNTEER HOURS.— to continue a one-stop program independently. ‘‘(1) LABOR COSTS FOR FINAL ASSEMBLY.—In
‘‘(A) APPLICABLE REGULATIONS.—For any ‘‘(6) REPORT.— this section, highly skilled labor costs involved
funds provided by a department or agency of ‘‘(A) IN GENERAL.—The Secretary shall make in final assembly shall be included as a separate
the Government under paragraph (3)(D) or by a publicly available an annual report on the pro- component in the cost of components and sub-
service agreement under paragraph (3)(C), and gram carried out under this subsection for each components under subsection (b)(3)(A).
such department or agency has regulations in fiscal year, not later than December 31 of the ‘‘(2) HIGH DOMESTIC CONTENT COMPONENT
place that provide for the valuation of volunteer calendar year in which such fiscal year ends. BONUS.—In this section, in calculating the do-
hours as allowable in-kind contributions toward ‘‘(B) CONTENTS.—The report required under mestic content of the rolling stock under sub-
the non-Federal share of project costs, such reg- subparagraph (A) shall include a detailed de- section (b)(3)(A), the percent, rounded to the
ulations shall be used to determine the allow- scription of the activities carried out under the nearest whole number, of the domestic content
able valuation of volunteer hours as an in-kind program, and an evaluation of the program, in- in components of such rolling stock, weighted by
contribution toward the non-Federal remainder cluding an evaluation of the data shared by eli- cost, shall be used in calculating the domestic
of net project costs for a transit project funded gible recipients under paragraph (5).’’. content of the rolling stock, except—
under this section. ‘‘(A) with respect to components that exceed—
Subtitle C—Buy America and Other
‘‘(B) LIMITATIONS.—Subparagraph (A) shall ‘‘(i) 70 percent domestic content, the Secretary
Procurement Reforms
not apply to the provision of fixed-route bus shall add 10 additional percent to the compo-
services funded under this section.’’. SEC. 2301. BUY AMERICA.
nent’s domestic content when calculating the
SEC. 2205. ONE-STOP PARATRANSIT PROGRAM. (a) BUY AMERICA.—
domestic content of the rolling stock; and
(1) IN GENERAL.—Chapter 53 of title 49, United
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Section 5310 of title 49, United States Code, is ‘‘(ii) 75 percent domestic content, the Sec-
States Code, is amended by inserting before sec-
amended by adding at the end the following: retary shall add 15 additional percent to the
tion 5321 the following:
‘‘(j) ONE-STOP PARATRANSIT PROGRAM.— component’s domestic content when calculating
‘‘(1) IN GENERAL.—Not later than 6 months ‘‘§ 5320. Buy America the domestic content of the rolling stock; and
after the date of enactment of this subsection, ‘‘(a) IN GENERAL.—The Secretary may obligate ‘‘(B) in no case may a component exceed 100
the Secretary shall establish a one-stop para- an amount that may be appropriated to carry percent domestic content when calculating the
transit competitive grant program to encourage out this chapter for a project only if the steel, domestic content of the rolling stock.
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3425
‘‘(3) ROLLING STOCK FRAMES OR CAR SHELLS.— ‘‘(f) WAIVER PROHIBITED.—The Secretary may ‘‘(2) CERTIFICATION OF PERCENTAGE.—
‘‘(A) INCLUSION OF COSTS.—Subject to the sub- not make a waiver under subsection (b) for ‘‘(A) IN GENERAL.—The Secretary may, at the
stantiation requirement of subparagraph (B), in goods produced in a foreign country if the Sec- request of a component or subcomponent manu-
calculating the cost of the domestic content of retary, in consultation with the United States facturer, certify the percentage of domestic con-
the rolling stock under subsection (b)(3), in the Trade Representative, decides that the govern- tent and place of manufacturing for a compo-
case of a rolling stock procurement receiving as- ment of that foreign country— nent or subcomponent.
sistance under this chapter in which the aver- ‘‘(1) has an agreement with the United States ‘‘(B) PERIOD OF CERTIFICATION.—Any compo-
age cost of a rolling stock vehicle in the procure- Government under which the Secretary has nent or subcomponent certified by the Secretary
ment is more than $300,000, if rolling stock waived the requirement of this section; and shall remain certified until the manufacturer
frames or car shells are not produced in the ‘‘(2) has violated the agreement by discrimi- makes a material change to the domestic content
United States, the Secretary shall include in the nating against goods to which this section ap- or the place of manufacturing of such compo-
calculation of the domestic content of the rolling plies that are produced in the United States and nent or subcomponent.
stock the cost of the steel or iron that is pro- to which the agreement applies. ‘‘(3) FREEDOM OF INFORMATION ACT.—In car-
duced in the United States and used in the roll- ‘‘(g) PENALTY FOR MISLABELING AND MIS- rying out this subsection, the Secretary shall
ing stock frames or car shells. REPRESENTATION.—A person is ineligible under apply the provisions of section 552 of title 5, in-
‘‘(B) SUBSTANTIATION.—If a rolling stock vehi- subpart 9.4 of the Federal Acquisition Regula- cluding subsection (b)(4) of such section.
cle manufacturer wishes to include in the cal- tion, or any successor thereto, to receive a con- ‘‘(4) NONCOMPLIANCE.—The Secretary shall
culation of the vehicle’s domestic content the tract or subcontract made with amounts author- prohibit recipients from procuring rolling stock,
cost of steel or iron produced in the United ized under title II of division B of the INVEST components, or subcomponents from a supplier
States and used in the rolling stock frames and in America Act if a court or department, agency, that intentionally provides false information to
car shells that are not produced in the United or instrumentality of the Government decides comply with this subsection.
States, the manufacturer shall maintain and the person intentionally— ‘‘(n) SCOPE.—The requirements of this section
provide upon request a mill certification that ‘‘(1) affixed a ‘Made in America’ label, or a apply to all contracts for a public transpor-
label with an inscription having the same mean- tation project carried out within the scope of the
substantiates the origin of the steel or iron.
‘‘(4) TREATMENT OF WAIVED COMPONENTS AND ing, to goods sold in or shipped to the United applicable finding, determination, or decision
SUBCOMPONENTS.—In this section, a component States that are used in a project to which this under the National Environmental Policy Act of
or subcomponent waived under subsection (b) section applies but not produced in the United 1969 (42 U.S.C. 4321 et seq.), regardless of the
shall be excluded from any part of the calcula- States; or funding source of such contracts, if at least one
‘‘(2) represented that goods described in para-
tion required under subsection (b)(3)(A). contract for the public transportation project is
‘‘(5) ZERO-EMISSION VEHICLE DOMESTIC BAT- graph (1) were produced in the United States.
‘‘(h) STATE REQUIREMENTS.—The Secretary funded with amounts made available to carry
TERY CELL INCENTIVE.—The Secretary shall add out this chapter.
may not impose any limitation on assistance
2.5 percent to the total domestic content when ‘‘(o) BUY AMERICA CONFORMITY.—The Sec-
provided under this chapter that restricts a
calculating the domestic content of the rolling retary shall ensure that all Federal funds for
State from imposing more stringent requirements
stock for any zero-emission vehicle that uses new commuter rail projects shall comply with
than this subsection on the use of articles, mate-
only battery cells for propulsion that are manu- this section and shall not be subject to section
rials, and supplies mined, produced, or manu-
factured domestically. 22905(a).
‘‘(6) PROHIBITION ON DOUBLE COUNTING.— factured in foreign countries in projects carried
‘‘(p) AUDITS AND REPORTING OF WASTE,
‘‘(A) IN GENERAL.—No labor costs included in out with that assistance or restricts a recipient
FRAUD, AND ABUSE.—
the cost of a component or subcomponent by the of that assistance from complying with those
‘‘(1) IN GENERAL.—The Inspector General of
manufacturer of rolling stock may be treated as State-imposed requirements.
the Department of Transportation shall conduct
rolling stock assembly costs for purposes of cal- ‘‘(i) OPPORTUNITY TO CORRECT INADVERTENT
an annual audit on certifications under sub-
culating domestic content. ERROR.—The Secretary may allow a manufac-
section (m) regarding compliance with Buy
‘‘(B) VIOLATION.—A violation of this para- turer or supplier of steel, iron, or manufactured
America.
graph shall be treated as a false claim under goods to correct after bid opening any certifi-
‘‘(2) REPORT FRAUD, WASTE, AND ABUSE.—The
subchapter III of chapter 37 of title 31. cation of noncompliance or failure to properly
Secretary shall display a ‘Report Fraud, Waste,
‘‘(7) DEFINITION OF HIGHLY SKILLED LABOR complete the certification (but not including
and Abuse’ button and link to Department of
COSTS.—In this subsection, the term ‘highly failure to sign the certification) under this sub-
Transportation’s Office of Inspector General
skilled labor costs’— section if such manufacturer or supplier attests
Hotline on the Federal Transit Administration’s
‘‘(A) means the apportioned value of direct under penalty of perjury that such manufac-
Buy America landing page.
wage compensation associated with final assem- turer or supplier submitted an incorrect certifi-
‘‘(3) CONTRACT REQUIREMENT.—The Secretary
bly activities of workers directly employed by a cation as a result of an inadvertent or clerical
shall require all recipients who enter into con-
rolling stock original equipment manufacturer error. The burden of establishing inadvertent or
tracts to purchase rolling stock with funds pro-
and directly associated with the final assembly clerical error is on the manufacturer or supplier.
vided under this chapter to include in such con-
activities of a rolling stock vehicle that advance ‘‘(j) ADMINISTRATIVE REVIEW.—A party ad-
tract information on how to contact the Depart-
the value or improve the condition of the end versely affected by an agency action under this
ment of Transportation’s Office of Inspector
product; subsection shall have the right to seek review
General Hotline to report suspicions of fraud,
‘‘(B) does not include any temporary or indi- under section 702 of title 5.
‘‘(k) STEEL AND IRON.—For purposes of this waste, and abuse.
rect activities or those hired via a third-party ‘‘(q) PASSENGER MOTOR VEHICLES.—
contractor or subcontractor; section, steel and iron meeting the requirements
‘‘(1) IN GENERAL.—Any domestically manufac-
‘‘(C) are limited to metalworking, fabrication, of section 661.5(b) of title 49, Code of Federal
tured passenger motor vehicle shall be consid-
welding, electrical, engineering, and other tech- Regulations, may be considered produced in the
ered to be produced in the United States under
nical activities requiring training; United States.
‘‘(l) DEFINITION OF SMALL PURCHASE.—For this section.
‘‘(D) are not otherwise associated with activi-
purposes of determining whether a purchase ‘‘(2) DOMESTICALLY MANUFACTURED PAS-
ties required under section 661.11 of title 49,
SENGER MOTOR VEHICLE.—In this subsection, the
Code of Federal Regulations; and qualifies for a general public interest waiver
‘‘(E) includes only activities performed in the under subsection (b)(1), including under any term ‘domestically manufactured passenger
United States and does not include that of for- regulation promulgated under such subsection, motor vehicle’ means any passenger motor vehi-
eign nationals providing assistance at a United the term ‘small purchase’ means a purchase of cle, as such term is defined in section 32304(a)
States manufacturing facility. not more than $150,000. that—
‘‘(e) CERTIFICATION OF DOMESTIC SUPPLY AND ‘‘(m) PREAWARD AND POSTDELIVERY REVIEW ‘‘(A) has under section 32304(b)(1)(B) its final
DISCLOSURE.— OF ROLLING STOCK PURCHASES.— assembly place in the United States; and
‘‘(1) CERTIFICATION OF DOMESTIC SUPPLY.—If ‘‘(1) IN GENERAL.—The Secretary shall pre- ‘‘(B) the percentage (by value) of passenger
the Secretary denies an application for a waiver scribe regulations requiring a preaward and motor equipment under section 32304(b)(1)(A)
under subsection (b)(2), the Secretary shall pro- postdelivery certification of a rolling stock vehi- equals or exceeds 60 percent value added.
vide to the applicant a written certification cle that meets the requirements of this section ‘‘(r) ROLLING STOCK COMPONENTS AND SUB-
that— and Government motor vehicle safety require- COMPONENTS.—No bus shell, railcar frame, or
‘‘(A) the steel, iron, or manufactured goods, ments to be eligible for a grant under this chap- other component or subcomponent that is pri-
as applicable, (referred to in this paragraph as ter. For compliance with this section— marily made of steel or iron shall be treated as
the ‘item’) is produced in the United States in a ‘‘(A) Federal inspections and review are re- produced in the United States for purposes of
sufficient and reasonably available amount; quired; subsection (b)(3) or determined to be of domestic
‘‘(B) the item produced in the United States is ‘‘(B) a manufacturer certification is not suffi- origin under section 661.11 of title 49, Code of
of a satisfactory quality; and cient; and Federal Regulations, if the material inputs of
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‘‘(C) includes a list of known manufacturers ‘‘(C) a rolling stock vehicle that has been cer- such component or subcomponent were imported
in the United States from which the item can be tified by the Secretary remains certified until into the United States and the processes per-
obtained. the manufacturer makes a material change to formed in the United States on the imported ar-
‘‘(2) DISCLOSURE.—The Secretary shall dis- the vehicle, or adjusts the cost of all components ticles would not result in a change in the arti-
close the waiver denial and the written certifi- of the rolling stock, that reduces, by more than cle’s classification to chapter 86 or 87 of the
cation to the public in the manner described in half, the percentage of domestic content above Harmonized Tariff Schedule of the United
subsection (c). 70 percent. States from another chapter or a new heading of
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H3426 CONGRESSIONAL RECORD — HOUSE June 30, 2021
any chapter from the heading under which the (3) SPECIAL RULE FOR CERTAIN CONTRACTS.— a list of bus components and subcomponents
article was classified upon entry. For any contract described in paragraph (1) for that may be specified in a request for proposals
‘‘(s) TREATMENT OF STEEL AND IRON COMPO- which the delivery for the first production vehi- described in paragraph (1) by a recipient. The
NENTS AS PRODUCED IN THE UNITED STATES.— cle occurs before October 1, 2024, paragraphs (1) Secretary shall ensure the list is limited in scope
Notwithstanding any other provision of any law and (4) of section 5320(d) shall not apply. and limited to only components and subcompo-
or any rule, regulation, or policy of the Federal (4) SPECIAL RULE FOR BATTERY CELL INCEN- nents that cannot be selected with performance
Transit Administration, steel and iron compo- TIVES.—For any contract described in para- specifications to ensure interoperability.
nents of a system, as defined in section 661.3 of graph (1) for which the delivery for the first ‘‘(C) PUBLICATION OF PROPOSED REGULA-
title 49, Code of Federal Regulations, and of production vehicle occurs before October 1, 2023, TIONS.—Proposed regulations to implement this
manufactured end products referred to in Ap- section 5320(d)(5) shall not apply. section shall be published in the Federal Reg-
pendix A of such section, may not be considered (5) APPLICATION OF EXISTING LAW.—During ister by the Secretary not later than 18 months
to be produced in the United States unless such any periods described in this subsection, the after such date of enactment.
components meet the requirements of section Secretary shall apply the requirements of sec- ‘‘(D) COMMITTEE.—A negotiated rulemaking
661.5(b) of title 49, Code of Federal Regulations. tions 5323(j) and 5323(m) of title 49, United committee established pursuant to section 565 of
‘‘(t) REQUIREMENT FOR TRANSIT AGENCIES.— States Code, as in effect on the day before the title 5 to carry out this paragraph shall have a
Notwithstanding the provisions of this section, date of enactment of this Act, as applicable. maximum of 11 members limited to representa-
if a transit agency accepts Federal funds, such (e) SPECIAL RULE FOR DOMESTIC CONTENT.— tives of the Department of Transportation,
agency shall adhere to the requirements of this (1) IN GENERAL.—For the calculation of the urban and rural recipients (including State gov-
section in procuring rolling stock.’’. percent of domestic content calculated under ernment recipients), and transit vehicle manu-
(2) CLERICAL AMENDMENT.—The analysis for section 5320(d)(2) for a contract for rolling stock facturers.
chapter 53 of title 49, United States Code, is entered into on or after October 1, 2021— ‘‘(E) EXTENSION OF DEADLINES.—A deadline
amended by inserting before the item relating to (A) if the delivery of the first production vehi- set forth in subparagraph (C) may be extended
section 5321 the following: cle occurs in fiscal year 2023 or fiscal year 2024, up to 180 days if the negotiated rulemaking com-
‘‘5320. Buy America.’’. for components that exceed 70 percent domestic mittee referred to in subparagraph (D) con-
(3) CONFORMING AMENDMENTS.— content, the Secretary shall add 20 additional cludes that the committee cannot meet the dead-
(A) TECHNICAL ASSISTANCE AND WORKFORCE percent to the component’s domestic content; line and the Secretary so notifies the Committee
DEVELOPMENT.—Section 5314(a)(2)(G) of title 49, and on Transportation and Infrastructure of the
United States Code, is amended by striking ‘‘sec- (B) if the delivery of the first production vehi- House of Representatives and the Committee on
tions 5323(j) and 5323(m)’’ and inserting ‘‘sec- cle occurs in fiscal year 2025 or fiscal year Banking, Housing, and Urban Affairs of the
tion 5320’’. 2026— Senate.
(B) URBANIZED AREA FORMULA GRANTS.—Sec- (i) for components that exceed 70 percent but ‘‘(3) SAVINGS CLAUSE.—Nothing in this section
tion 5307(c)(1)(E) of title 49, United States Code, do not exceed 75 percent domestic content, the shall be construed to provide additional author-
is amended by inserting ‘‘, 5320,’’ after ‘‘5323’’. Secretary shall add 15 additional percent to the ity for the Secretary to restrict what a bus man-
(C) INNOVATIVE PROCUREMENT.—Section component’s domestic content; or ufacturer offers to sell to a public transportation
3019(c)(2)(E)(ii) of the FAST Act (49 U.S.C. 5325 (ii) for components that exceed 75 percent do- agency.’’.
note) is amended by striking ‘‘5323(j)’’ and in- mestic content, the Secretary shall add 20 addi-
SEC. 2303. BUS TESTING FACILITY.
serting ‘‘5320’’. tional percent to the component’s domestic con-
Section 5318 of title 49, United States Code, is
(b) BUS ROLLING STOCK.—Not later than 18 tent.
(2) CONTRACTS AFTER OCTOBER 1, 2021.—For amended by adding at the end the following:
months after the date of enactment of this Act, ‘‘(f) TESTING SCHEDULE.—The Secretary
the Secretary of Transportation shall issue such the calculation of the percent of domestic con-
tent calculated under section 5320(d)(2) for a shall—
regulations as are necessary to revise Appendix ‘‘(1) determine eligibility of a bus manufactur-
B and Appendix D of section 661.11 of title 49, contract for rolling stock entered into on or
er’s request for testing within 10 business days;
Code of Federal Regulations, with respect to bus after October 1, 2021 for a vehicle described in
and
rolling stock to maximize job creation and align section 5339(c)(1)(D), and notwithstanding sub-
‘‘(2) make publicly available the current back-
such section with modern manufacturing tech- section (e)(1), if the delivery of the first produc-
log (in months) to begin testing a new bus at the
niques. tion vehicle occurs in fiscal year 2023 or 2024, for
bus testing facility.’’.
(c) RAIL ROLLING STOCK.—Not later than 30 components that exceed 70 percent domestic con-
SEC. 2304. REPAYMENT REQUIREMENT.
months after the date of enactment of this Act, tent, the Secretary shall add 30 additional per-
cent to the component’s domestic content. (a) IN GENERAL.—A transit agency shall repay
the Secretary shall issue such regulations as are
(3) BATTERY CELLS.—Paragraph (1) and para- into the general fund of the Treasury any funds
necessary to revise subsections (t), (u), and (v)
graph (2) of this subsection shall not apply to received from the Federal Transit Administra-
of section 661.11 of title 49, Code of Federal Reg-
any contract for rolling stock if the manufac- tion under section 3401 of the American Rescue
ulations, with respect to rail rolling stock to
turer of the rolling stock or the manufacturer of Plan Act of 2021 (Public Law 117–2) if the funds
maximize job creation and align such section
the battery cells used for propulsion of the roll- were used to award a contract or subcontract to
with modern manufacturing techniques.
ing stock is an entity described in 49 USC an entity for the procurement of rolling stock
(d) RULE OF APPLICABILITY.—
(1) IN GENERAL.—Except as otherwise provided 5323(u)(1) and (u)(2). for use in public transportation if the manufac-
in this subsection, the amendments made by this SEC. 2302. BUS PROCUREMENT STREAMLINING. turer of the rolling stock—
section shall apply to any contract entered into Section 5323 of title 49, United States Code, is (1) is incorporated in or has manufacturing
on or after the date of enactment of this Act. amended by adding at the end the following: facilities in the United States; and
(2) DELAYED APPLICABILITY OF CERTAIN PROVI- ‘‘(x) BUS PROCUREMENT STREAMLINING.— (2) is owned or controlled by, is a subsidiary
SIONS.—Contracts described in paragraph (1) ‘‘(1) IN GENERAL.—The Secretary may only ob- of, or is otherwise related legally or financially
shall be subject to the following delayed appli- ligate amounts for acquisition of buses under to a corporation based in a country that—
cability requirements: this chapter to a recipient that issues a request (A) is identified as a nonmarket economy
(A) Section 5320(m)(2) shall apply to contracts for proposals for an open market procurement country (as defined in section 771(18) of the Tar-
entered into on or after the date that is 30 days that meets the following criteria: iff Act of 1930 (19 U.S.C. 1677(18))) as of the date
after the date of enactment of this Act. ‘‘(A) Such request for proposals is limited to of enactment of this subsection;
(B) Notwithstanding subparagraph (A), sec- performance specifications, except for compo- (B) was identified by the United States Trade
tion 5320(m) shall apply to contracts for the pro- nents or subcomponents identified in the nego- Representative in the most recent report re-
curement of bus rolling stock beginning on the tiated rulemaking carried out pursuant to this quired by section 182 of the Trade Act of 1974 (19
earlier of— subsection. U.S.C. 2242) as a priority foreign country under
(i) 180 days after the date on which final reg- ‘‘(B) Such request for proposals does not seek subsection (a)(2) of that section; and
ulations are issued pursuant to subsection (b); any alternative design or manufacture specifica- (C) is subject to monitoring by the Trade Rep-
or tion of a bus offered by a manufacturer, except resentative under section 306 of the Trade Act of
(ii) the date that is 1 year after the date of en- to require a component or subcomponent identi- 1974 (19 U.S.C. 2416).
actment of this Act. fied in the negotiated rulemaking carried out (b) CERTIFICATION.—Not later than 60 days
(C) Notwithstanding subparagraph (A), sec- pursuant to this subsection. after the date of enactment of this section, a
tion 5320(m) shall apply to contracts for the pro- ‘‘(2) SPECIFIC BUS COMPONENT NEGOTIATED transit agency that received funds pursuant to
curement of rail rolling stock beginning on the RULEMAKING.— the laws specified in subsection (a) shall certify
earlier of— ‘‘(A) INITIATION.—Not later than 120 days that the agency has not and shall not use such
(i) 180 days after the date on which final reg- after the date of enactment of the INVEST in funds to purchase rolling stock described in sub-
ulations are issued pursuant to subsection (c); America Act, the Secretary shall initiate proce- section (a).
ctelli on DSK11ZRN23PROD with HOUSE
or dures under subchapter III of chapter 5 of title SEC. 2305. DEFINITION OF URBANIZED AREAS
(ii) the date that is 2 years after the date of 5 to negotiate and issue such regulations as are FOLLOWING A MAJOR DISASTER.
enactment of this Act. necessary to establish as limited a list as is prac- (a) IN GENERAL.—Section 5323 of title 49,
(D) Section 5320(p)(1) shall apply on the date ticable of bus components and subcomponents United States Code, is amended by adding at the
that is 1 year after the latest of the application described in subparagraph (B). end the following:
dates described in subparagraphs (A) through ‘‘(B) LIST OF COMPONENTS.—The regulations ‘‘(y) URBANIZED AREAS FOLLOWING A MAJOR
(C). required under subparagraph (A) shall establish DISASTER.—
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3427
‘‘(1) DEFINED TERM.—In this subsection, the the period at the end and inserting ‘‘as of De- ‘‘(B) purchasing or leasing buses that will not
term ‘decennial census date’ has the meaning cember 20, 2019, including options and other re- replace buses in the applicant’s fleet at the time
given the term in section 141(a) of title 13. quirements tied to these contracts or sub- of application and will be used to—
‘‘(2) URBANIZED AREA MAJOR DISASTER POPU- contracts, made by a public transportation ‘‘(i) increase the frequency of bus service; or
LATION CRITERIA.—Notwithstanding section agency with a restricted rail rolling stock manu- ‘‘(ii) increase the service area of the appli-
5302, for purposes of this chapter, the Secretary facturer.’’. cant.’’;
shall treat an area as an urbanized area for the SEC. 2307. SPARE RATIO WAIVER. (3) by striking paragraph (2) and inserting the
period described in paragraph (3) if— Section 5323 of title 49, United States Code, is following:
‘‘(A) a major disaster was declared by the further amended by adding at the end the fol- ‘‘(2) GRANT CONSIDERATIONS.—In making
President under section 401 of the Robert T. lowing: grants—
Stafford Disaster Relief and Emergency Assist- ‘‘(z) SPARE RATIO WAIVER.—The Federal ‘‘(A) under subparagraph (1)(A), the Sec-
ance Act (42 U.S.C. 5170) for the area during the Transit Administration shall waive spare ratio retary shall only consider—
3-year period preceding the decennial census policies for rolling stock found in FTA Grant ‘‘(i) the age and condition of bus-related fa-
date for the 2010 decennial census or for any Management Requirements Circular 5010.1, FTA cilities of the applicant compared to all appli-
subsequent decennial census; Circular 9030.1 providing Urbanized Area For- cants and proposed improvements to the resil-
‘‘(B) the area was defined and designated as mula Program guidance, and other guidance ience (as such term is defined in section 5302) of
an ‘urbanized area’ by the Secretary of Com- documents for 2 years from the date of enact- such facilities;
merce in the decennial census immediately pre- ment of the INVEST in America Act.’’. ‘‘(ii) for a facility that, in whole or in part,
ceding the major disaster described in subpara- encroaches within the limits of a flood-prone
Subtitle D—Bus Grant Reforms
graph (A); and area, the extent to which the facility is designed
‘‘(C) the population of the area fell below SEC. 2401. FORMULA GRANTS FOR BUSES.
and constructed in a way that takes into ac-
50,000 as a result of the major disaster described Section 5339(a) of title 49, United States Code, count, and mitigates where appropriate, flood
in subparagraph (A). is amended— risk; and
‘‘(3) COVERED PERIOD.—The Secretary shall (1) in paragraph (1)— ‘‘(iii) for a bus station, the degree of multi-
treat an area as an urbanized area under para- (A) by inserting ‘‘and subsection (d)’’ after modal connections at such station; and
graph (2) during the period— ‘‘In this subsection’’; ‘‘(B) under paragraph (1)(B), the Secretary
‘‘(A) beginning on— (B) in subparagraph (A) by striking ‘‘term shall consider the improvements to headway
‘‘(i) in the case of a major disaster described ‘low or no emission vehicle’ has’’ and inserting and projected new ridership.’’; and
in paragraph (2)(A) that occurred during the 3- ‘‘term ‘zero emission vehicle’ has’’; (4) in paragraph (6) by striking subparagraph
year period preceding the decennial census date (C) in subparagraph (B) by inserting ‘‘and the (B) and inserting the following:
for the 2010 decennial census, October 1 of the District of Columbia’’ after ‘‘United States’’; ‘‘(B) GOVERNMENT SHARE OF COSTS.—
first fiscal year that begins after the date of en- and ‘‘(i) IN GENERAL.—The Government share of
actment of this subsection; or (D) in subparagraph (C) by striking ‘‘the Dis- the cost of an eligible project carried out under
‘‘(ii) in the case of any other major disaster trict of Columbia,’’; this subsection shall not exceed 80 percent.
described in paragraph (2)(A), October 1 of the (2) in paragraph (2)(A) by striking ‘‘low or no ‘‘(ii) SPECIAL RULE FOR BUSES AND RELATED
first fiscal year— emission vehicles’’ and inserting ‘‘zero emission EQUIPMENT FOR ZERO EMISSION VEHICLES.—Not-
‘‘(I) that begins after the decennial census vehicles’’; withstanding clause (i), the Government share
date for the first decennial census conducted (3) in paragraph (4)—
of the cost of an eligible project for the financ-
after the major disaster; and (A) in subparagraph (A) by inserting ‘‘and
ing of buses and related equipment for hybrid
‘‘(II) for which the Secretary has sufficient subsection (d)’’ after ‘‘this subsection’’; and
electric buses that make meaningful reductions
data from that census to determine that the area (B) in subparagraph (B) by inserting ‘‘and
in energy consumption and harmful emissions,
qualifies for treatment as an urbanized area subsection (d)’’ after ‘‘this subsection’’;
including direct carbon emissions, and zero
under paragraph (2); and (4) in paragraph (5)(A)—
emission vehicles shall not exceed 90 percent.’’.
‘‘(B) ending on the day before the first fiscal (A) by striking ‘‘$90,500,000’’ and inserting
‘‘$156,750,000’’; SEC. 2403. ZERO EMISSION BUS GRANTS.
year—
‘‘(i) that begins after the decennial census (B) by striking ‘‘2016 through 2020’’ and in- (a) IN GENERAL.—Section 5339(c) of title 49,
date for the second decennial census conducted serting ‘‘2023 through 2026’’; United States Code, is amended—
after the major disaster described in paragraph (C) by striking ‘‘$1,750,000’’ and inserting (1) in the heading by striking ‘‘LOW OR NO
(2)(A); and ‘‘$3,000,000’’; and EMISSION GRANTS’’ and inserting ‘‘ZERO EMIS-
‘‘(ii) for which the Secretary has sufficient (D) by striking ‘‘$500,000’’ and inserting SION GRANTS’’;
data from that census to determine which areas ‘‘$750,000’’; (2) in paragraph (1)—
are urbanized areas for purposes of this chapter. (5) in paragraph (7) by adding at the end the (A) in subparagraph (B)—
‘‘(4) POPULATION CALCULATION.—An area following: (i) in the matter preceding clause (i) by strik-
treated as an urbanized area under this sub- ‘‘(C) SPECIAL RULE FOR BUSES AND RELATED ing ‘‘in an eligible area’’;
section shall be assigned the population and EQUIPMENT FOR ZERO EMISSION VEHICLES.—Not- (ii) in clause (i) by striking ‘‘low or no emis-
square miles of the urbanized area designated withstanding subparagraph (A), a grant for a sion’’ and inserting ‘‘zero emission’’;
by the Secretary of Commerce in the most recent capital project for buses and related equipment (iii) in clause (ii) by striking ‘‘low or no emis-
decennial census conducted before the major for hybrid electric buses that make meaningful sion’’ and inserting ‘‘zero emission’’;
disaster described in paragraph (2)(A). reductions in energy consumption and harmful (iv) in clause (iii) by striking ‘‘low or no emis-
‘‘(5) SAVINGS PROVISION.—Nothing in this sub- emissions, including direct carbon emissions, sion’’ and inserting ‘‘zero emission’’;
section may be construed to affect apportion- and zero emission vehicles under this subsection (v) in clause (iv) by striking ‘‘facilities and re-
ments made under this chapter before the date shall be for 90 percent of the net capital costs of lated equipment for low or no emission’’ and in-
of enactment of this subsection.’’. the project. A recipient of a grant under this serting ‘‘related equipment for zero emission’’;
(b) AMENDMENT TAKES EFFECT ON ENACT- subsection may provide additional local match- (vi) in clause (v) by striking ‘‘facilities and re-
MENT.—Notwithstanding section 1001, the ing amounts.’’; lated equipment for low or no emission vehi-
amendment made by subsection (a) shall take ef- (6) in paragraph (8)— cles;’’ and inserting ‘‘related equipment for zero
fect on the date of enactment of this Act. (A) by striking ‘‘3 fiscal years’’ and inserting emission vehicles; or’’;
SEC. 2306. SPECIAL RULE FOR CERTAIN ROLLING ‘‘4 fiscal years’’; and (vii) in clause (vii) by striking ‘‘low or no
STOCK PROCUREMENTS. (B) by striking ‘‘3-fiscal-year period’’ and in- emission’’ and inserting ‘‘zero emission’’;
(a) CERTIFICATION.—Section 5323(u)(4) of title serting ‘‘4-fiscal-year period’’; and (viii) by striking clause (vi); and
49, United States Code, is amended— (7) by striking paragraph (9). (ix) by redesignating clause (vii) as clause
(1) in subparagraph (A) in the heading by SEC. 2402. BUS FACILITIES AND FLEET EXPAN- (vi);
striking ‘‘RAIL’’; and SION COMPETITIVE GRANTS. (B) by striking subparagraph (D) and insert-
(2) by adding at the end the following: Section 5339(b) of title 49, United States Code, ing the following:
‘‘(C) NONRAIL ROLLING STOCK.—Notwith- is amended— ‘‘(D) the term ‘zero emission bus’ means a bus
standing subparagraph (B) of paragraph (5), as (1) in the heading by striking ‘‘BUSES AND BUS that is a zero emission vehicle;’’;
a condition of financial assistance made avail- FACILITIES COMPETITIVE GRANTS’’ and inserting (C) by striking subparagraph (E) and insert-
able in a fiscal year under section 5339, a recipi- ‘‘BUS FACILITIES AND FLEET EXPANSION COM- ing the following:
ent shall certify in that fiscal year that the re- PETITIVE GRANTS’’; ‘‘(E) the term ‘zero emission vehicle’ means a
cipient will not award any contract or sub- (2) in paragraph (1)— vehicle used to provide public transportation
contract for the procurement of rolling stock for (A) by striking ‘‘buses and’’; that produces no carbon dioxide or particulate
ctelli on DSK11ZRN23PROD with HOUSE
use in public transportation with a rolling stock (B) by inserting ‘‘and certain buses’’ after matter;’’;
manufacturer described in paragraph (1).’’. ‘‘capital projects’’; (D) in subparagraph (F) by striking ‘‘and’’ at
(b) SPECIAL RULE.—Section 5323(u)(5)(A) of (C) in subparagraph (A) by striking ‘‘buses or the end;
title 49, United States Code, is amended by strik- related equipment’’ and inserting ‘‘bus-related (E) by striking subparagraph (G) and insert-
ing ‘‘made by a public transportation agency facilities’’; and ing the following:
with a rail rolling stock manufacturer described (D) by striking subparagraph (B) and insert- ‘‘(G) the term ‘priority area’ means an area
in paragraph (1)’’ and all that follows through ing the following: that is—
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H3428 CONGRESSIONAL RECORD — HOUSE June 30, 2021
‘‘(i) designated as a nonattainment area for sections 171(2) and 175A of the Clean Air Act (42 ‘‘(e) WORKFORCE DEVELOPMENT TRAINING
ozone or particulate matter under section 107(d) U.S.C. 7501(2); 7505a).’’. GRANTS.—
of the Clean Air Act (42 U.S.C. 7407(d)); SEC. 2404. RESTORATION TO STATE OF GOOD RE- ‘‘(1) IN GENERAL.—Not less than 12.5 percent
‘‘(ii) a maintenance area, as such term is de- PAIR FORMULA SUBGRANT. of funds authorized to be made available for
fined in section 5303, for ozone or particulate Section 5339 of title 49, United States Code, is subsection (c) shall be available to fund work-
matter; or amended by adding at the end the following: force development training eligible under section
‘‘(iii) in a State that has enacted a statewide ‘‘(d) RESTORATION TO STATE OF GOOD REPAIR 5314(b)(2) (including registered apprenticeships
zero emission bus transition requirement, as de- FORMULA SUBGRANT.— and other labor-management training pro-
termined by the Secretary; and’’; and ‘‘(1) GENERAL AUTHORITY.—The Secretary may grams), related to operations or maintenance of
(F) by adding at the end the following: make grants under this subsection to assist eligi- zero emission vehicles.
‘‘(H) the term ‘low-income community’ means ble recipients and subrecipients described in ‘‘(2) ELIGIBLE RECIPIENTS.—Recipients eligible
any population census tract if— paragraph (2) in financing capital projects to under subsection (c) shall be eligible to receive a
‘‘(i) the poverty rate for such tract is at least replace, rehabilitate, and purchase buses and grant under this subsection.
20 percent; or related equipment. ‘‘(3) FEDERAL SHARE.—The Federal share of
‘‘(ii) in the case of a tract— ‘‘(2) ELIGIBLE RECIPIENTS AND SUBRECIPI- the cost of an eligible project carried out under
‘‘(I) not located within a metropolitan area, ENTS.—Not later than September 1 annually, the this subsection shall be 100 percent.
the median family income for such tract does Secretary shall make public a list of eligible re- ‘‘(4) PRIORITIZATION.—In making grants
not exceed 80 percent of statewide median fam- cipients and subrecipients based on the most re- under this subsection, the Secretary shall
ily income; or cent data available in the National Transit prioritize applications that jointly fund training
‘‘(II) located within a metropolitan area, the Database to calculate the 20 percent of eligible as part of a vehicle procurement application
median family income for such tract does not ex- recipients and subrecipients with the highest under subsection (c).’’.
ceed 80 percent of the greater statewide median percentage of asset vehicle miles for buses be- Subtitle E—Supporting All Riders
family income or the metropolitan area median yond the useful life benchmark established by SEC. 2501. LOW-INCOME URBAN FORMULA FUNDS.
family income.’’; the Federal Transit Administration.
(3) in paragraph (3)— Section 5336(j) of title 49, United States Code,
‘‘(3) URBAN APPORTIONMENTS.—Funds allo- is amended—
(A) by striking subparagraph (B); and cated under section 5338(a)(2)(L)(ii) shall be—
(B) by redesignating subparagraph (C) as sub- (1) in paragraph (1) by striking ‘‘75 percent’’
‘‘(A) distributed to— and inserting ‘‘50 percent’’;
paragraph (B); ‘‘(i) designated recipients in an urbanized
(4) by striking paragraph (5) and inserting the (2) in paragraph (2) by striking ‘‘25 percent’’
area with a population of at least 200,000 made and inserting ‘‘12.5 percent’’; and
following: eligible by paragraph (1); and
‘‘(5) GRANT ELIGIBILITY.—In awarding grants (3) by adding at the end the following:
‘‘(ii) States based on subrecipients made eligi- ‘‘(3) 30 percent of the funds shall be appor-
under this subsection, the Secretary shall make
ble by paragraph (1) in an urbanized area under tioned among designated recipients for urban-
grants to eligible projects relating to the acquisi-
200,000; and ized areas with a population of 200,000 or more
tion or leasing of equipment for zero-emission
‘‘(B) allocated pursuant to the formula set in the ratio that—
buses or zero-emission buses—
forth in section 5336 other than subsection (b), ‘‘(A) the number of individuals in each such
‘‘(A) that procure—
using the data from the 20 percent of eligible re- urbanized area residing in an urban census
‘‘(i) at least 10 zero emission buses;
cipients and subrecipients. tract with a poverty rate of at least 20 percent
‘‘(ii) if the recipient operates less than 50
‘‘(4) RURAL ALLOCATION.—The Secretary during the 5 years most recently ending; bears
buses in peak service, at least 5 zero emission
shall— to
buses; or
‘‘(A) calculate the percentage of funds under ‘‘(B) the number of individuals in all such ur-
‘‘(iii) hydrogen buses;
‘‘(B) for which the recipient’s board of direc- section 5338(a)(2)(L)(ii) to allocate to rural sub- banized areas residing in an urban census tract
tors has approved a long-term integrated fleet recipients by dividing— with a poverty rate of at least 20 percent during
management plan that— ‘‘(i) the asset vehicle miles for buses beyond the 5 years most recently ending.
‘‘(i) establishes— the useful life benchmark (established by the ‘‘(4) 7.5 percent of the funds shall be appor-
‘‘(I) a goal by a set date to convert the entire Federal Transit Administration) of the rural tioned among designated recipients for urban-
bus fleet to zero emission buses; or subrecipients described in paragraph (2); by ized areas with a population less than 200,000 in
‘‘(II) a goal that within 10 years from the date ‘‘(ii) the total asset vehicle miles for buses be- the ratio that—
of approval of such plan the recipient will con- yond such benchmark of all eligible recipients ‘‘(A) the number of individuals in each such
vert a set percentage of the total bus fleet of and subrecipients described in paragraph (2); urbanized area residing in an urban census
such recipient to zero emission buses; and and tract with a poverty rate of at least 20 percent
‘‘(ii) examines the impact of the transition on ‘‘(B) prior to the allocation described in para- during the 5 years most recently ending; bears
the applicant’s current workforce, by identi- graph (3)(B), apportion to each State the to
fying skills gaps, training needs, and retraining amount of the total rural allocation calculated ‘‘(B) the number of individuals in all such
needs of the existing workers of such applicant under subparagraph (A) attributable to such areas residing in an urban census tract with a
to operate and maintain zero-emission vehicles State based the proportion that— poverty rate of at least 20 percent during the 5
and related infrastructure, and avoids the dis- ‘‘(i) the asset vehicle miles for buses beyond years most recently ending.’’.
placement of the existing workforce; and the useful life benchmark (established by the SEC. 2502. RURAL PERSISTENT POVERTY FOR-
‘‘(C) for which the recipient has performed a Federal Transit Administration) for rural sub- MULA.
fleet transition study that includes optimal recipients described in paragraph (2) in such Section 5311 of title 49, United States Code, as
route planning and an analysis of how utility State; bears to amended in section 2204, is further amended—
rates may impact the recipient’s operations and ‘‘(ii) the total asset vehicle miles described in (1) in subsection (a) by adding at the end the
maintenance budget.’’; subparagraph (A)(i). following:
(5) in paragraph (7)(A) by striking ‘‘80’’ and ‘‘(5) APPLICATION OF OTHER PROVISIONS.— ‘‘(3) PERSISTENT POVERTY COUNTY.—The term
inserting ‘‘90’’; and Paragraphs (3), (7), and (8) of subsection (a) ‘persistent poverty county’ means any county
(6) by adding at the end the following: shall apply to eligible recipients and subrecipi- with a poverty rate of at least 20 percent—
‘‘(8) LOW AND MODERATE COMMUNITY ents described in paragraph (2) of a grant under ‘‘(A) as determined in each of the 1990 and
GRANTS.—Not less than 10 percent of the this subsection. 2000 decennial censuses;
amounts made available under this subsection ‘‘(6) PROHIBITION.—No eligible recipient or ‘‘(B) in the Small Area Income and Poverty
in a fiscal year shall be distributed to projects subrecipient outside the top 5 percent of asset Estimates of the Bureau of the Census for the
serving predominantly low-income communities. vehicle miles for buses beyond the useful life most recent year for which the estimates are
‘‘(9) PRIORITY SET-ASIDE.—Of the amounts benchmark established by the Federal Transit available; and
made available under this subsection in a fiscal Administration may receive a grant in both fis- ‘‘(C) has at least 25 percent of its population
year, not less than— cal year 2023 and fiscal year 2024. in rural areas.’’;
‘‘(A) 20 percent shall be distributed to appli- ‘‘(7) REQUIREMENT.—The Secretary shall re- (2) in subsection (b)(2)(C)(i) by inserting ‘‘and
cants in priority areas; and quire— persistent poverty counties’’ before the semi-
‘‘(B) 10 percent shall be distributed to appli- ‘‘(A) States to expend, to the benefit of the colon; and
cants not located in priority areas whose board subrecipients eligible under paragraph (2), the (3) in subsection (c) by striking paragraph (2)
of directors have approved a long-term inte- apportioned funds attributed to such subrecipi- and inserting the following:
grated fleet management plan that establishes a ents; and ‘‘(2) PERSISTENT POVERTY PUBLIC TRANSPOR-
goal to convert 100 percent of their bus fleet to ‘‘(B) designated recipients to provide the allo- TATION ASSISTANCE PROGRAM.—
cated funds to the recipients eligible under
ctelli on DSK11ZRN23PROD with HOUSE
zero-emission buses within 15 years.’’. ‘‘(A) IN GENERAL.—The Secretary shall carry
(b) METROPOLITAN TRANSPORTATION PLAN- paragraph (2) the apportioned funds attributed out a public transportation assistance program
NING.—Section 5303(b) of title 49, United States to such recipients.’’. for areas of persistent poverty.
Code, is amended by adding at the end the fol- SEC. 2405. WORKFORCE DEVELOPMENT TRAINING ‘‘(B) APPORTIONMENT.—Of amounts made
lowing: GRANTS. available or appropriated for each fiscal year
‘‘(9) MAINTENANCE AREA.—The term ‘mainte- Section 5339 of title 49, United States Code, is under section 5338(a)(2)(E)(ii) to carry out this
nance area’ has the meaning given the term in amended by adding at the end the following: paragraph, the Secretary shall apportion funds
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3429
to recipients for service in, or directly benefit- ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible en- clauses (i), (ii), and (iii) of subparagraph (A) to
ting, persistent poverty counties for any eligible tity’ means a State, local, or Tribal govern- assist providers of public transportation in set-
purpose under this section in the ratio that— mental entity that operates a public transpor- ting the threshold for a major service change in
‘‘(i) the number of individuals in each such tation service and is a recipient or subrecipient a manner that ensures meaningful analyses and
rural area residing in a persistent poverty coun- of funds under this chapter. the provision of equitable service; and
ty; bears to ‘‘(B) LOW-INCOME INDIVIDUAL.—The term (C) may issue different best practices for pro-
‘‘(ii) the number of individuals in all such ‘low-income individual’ means an individual— viders of public transportation of different sizes
rural areas residing in a persistent poverty ‘‘(i) that has qualified for— and service types.
county.’’. ‘‘(I) any program of medical assistance under (b) TRANSIT COOPERATIVE RESEARCH PROGRAM
SEC. 2503. DEMONSTRATION GRANTS TO SUP- a State plan or under a waiver of the plan REPORT.—
PORT REDUCED FARE TRANSIT. under title XIX of the Social Security Act (42 (1) REVIEW.—Not later than 3 years after the
Section 5312 of title 49, United States Code, is U.S.C. 1396 et seq.); issuance of the best practices described in sub-
amended by adding at the end the following: ‘‘(II) supplemental nutrition assistance pro- section (a), the Transit Cooperative Research
‘‘(j) DEMONSTRATION GRANTS TO SUPPORT RE- gram (SNAP) under the Food and Nutrition Act Program of the National Academy of Sciences
DUCED FARE TRANSIT.— of 2008 (7 U.S.C. 2011 et seq.); shall conduct a review of the manner in which
‘‘(1) IN GENERAL.—Not later than 300 days ‘‘(III) the program of block grants for States providers of public transportation define the
after the date of enactment of the INVEST in for temporary assistance for needy families threshold for a major service change for pur-
America Act, the Secretary shall award grants (TANF) established under part A of title IV of poses of compliance with Circular 4702.1B of the
(which shall be known as ‘Access to Jobs the Social Security Act (42 U.S.C. 601 et seq.); Federal Transit Administration, including—
Grants’) to eligible entities, on a competitive ‘‘(IV) the free and reduced price school lunch (A) a survey of the standards used by pro-
basis, to implement reduced fare transit service. program established under the Richard B. Rus- viders of public transportation to define the
‘‘(2) NOTICE.—Not later than 180 days after sell National School Lunch Act (42 U.S.C. 1751 threshold for a major service change;
the date of enactment of the INVEST in America et seq.); (B) a review of the differences in standards
Act, the Secretary shall provide notice to eligible ‘‘(V) a housing voucher through section 8(o) used to define the threshold for a major service
entities of the availability of grants under para- of the United States Housing Act of 1937 (42 change for providers of public transportation of
graph (1). U.S.C. 1437f(o)); different sizes and service types;
‘‘(3) APPLICATION.—To be eligible to receive a ‘‘(VI) benefits under the Low-Income Home (C) information on the considerations used by
grant under this subsection, an eligible recipient Energy Assistance Act of 1981; providers of public transportation when defin-
shall submit to the Secretary an application ‘‘(VII) special supplemental food program for ing the threshold for a major service change;
containing such information as the Secretary women, infants and children (WIC) under sec- and
may require, including, at a minimum, the fol- tion 17 of the Child Nutrition Act of 1966 (42 (D) the extent to which providers of public
lowing: U.S.C. 1786); or transportation are using the best practices de-
‘‘(A) A description of how the eligible entity ‘‘(VIII) a Federal Pell Grant under section 401 scribed in subsection (a).
plans to implement reduced fare transit access of the Higher Education Act of 1965 (20 U.S.C. (2) REPORT.—After the completion of the re-
with respect to low-income individuals, includ- 1070a); view described in paragraph (1), the National
ing any eligibility requirements for such transit ‘‘(ii) whose family income is at or below a set Academy of Sciences shall issue a report on the
access. percent (as determined by the eligible recipient) findings of the review and submit such report to
‘‘(B) A description of how the eligible entity of the poverty line (as that term is defined in the Committee on Transportation and Infra-
will consult with local community stakeholders, section 673(2) of the Community Service Block structure of the House of Representatives and
labor unions, local education agencies and insti- Grant Act (42 U.S.C. 9902(2)), including any re- the Committee on Banking, Housing, and Urban
tutions of higher education, public housing vision required by that section) for a family of Affairs of the Senate.
agencies, and workforce development boards in the size involved; or SEC. 2505. GAO STUDY ON FARE-FREE TRANSIT.
the implementation of reduced fares. ‘‘(iii) that is a low-income veteran or member
(a) STUDY.—The Comptroller General of the
‘‘(C) A description of the eligible entity’s cur- of the military.
United States shall conduct a study on the pro-
rent fare evasion enforcement policies, including ‘‘(9) REPORT.—The Secretary shall designate a
vision of fare-free transit service in the United
how the eligible entity plans to use the reduced university transportation center under section
States, including an assessment of—
fare program to reduce fare evasion. 5505 to collaborate with the eligible entities re-
(1) the extent to which fare-free transit is
‘‘(D) An estimate of additional costs to such ceiving a grant under this subsection to collect
available in the United States; and
eligible entity as a result of reduced transit necessary data to evaluate the effectiveness of
(2) the potential impacts of fare-free transit,
fares. meeting the targets described in the application
which may include—
‘‘(E) A plan for a public awareness campaign of such recipient, including increased ridership, (A) increased transit ridership;
of the transit agency’s ability to provide reduced impacts on fare evasion, and progress towards (B) improved access to transportation for low-
fares, including in foreign languages, based significantly closing transit equity gaps.’’. income riders and marginalized communities;
on— SEC. 2504. EQUITY IN TRANSIT SERVICE PLAN- (C) improved access to jobs and services;
‘‘(i) data from the Bureau of the Census, con- NING.
(D) enhanced equity of the surface transpor-
sistent with the local area demographics where (a) BEST PRACTICES.— tation system;
the transit agency operates, including the lan- (1) IN GENERAL.— (E) reductions in disputes or law enforcement
guages that are most prevalent and commonly (A) ASSISTANCE TO PROVIDERS OF PUBLIC actions related to transit fares;
requested for translation services; or TRANSIT.—Not later than 180 days after the date
(F) environmental impacts;
‘‘(ii) qualitative and quantitative observation of enactment of this Act, the Secretary of Trans- (G) safety considerations; and
from community service providers including portation shall issue nonbinding best practices (H) the challenges of replacing farebox rev-
those that provide health and mental health to assist providers of public transportation in enue.
services, social services, transportation, and setting the threshold for a major service change (b) REPORT.—Not later than 1 year after the
other relevant social services. as described in Circular 4702.1B of the Federal date of the enactment of this Act, the Comp-
‘‘(F) Projected impacts on ridership. Transit Administration. troller General shall submit to the Committee on
‘‘(G) Projected benefits in closing transit eq- (B) SPECIFIC PROVIDERS OF PUBLIC TRANSIT.— Transportation and Infrastructure of the House
uity gaps. For the purposes of this section, the term ‘‘pro- of Representatives and the Committee on Bank-
‘‘(H) Projected impact on the ability of stu- viders of public transportation’’ means providers ing, Housing, and Urban Affairs of the Senate
dents to access education or workforce training that operate 50 or more fixed route vehicles in a report containing the results of the study con-
programs. peak service and are located in an urbanized ducted under subsection (a).
‘‘(4) GRANT DURATION.—Grants awarded area of 200,000 or more in population.
under this subsection shall be for a 2-year pe- (2) BEST PRACTICES.—In developing the best Subtitle F—Supporting Frontline Workers
riod. practices described in paragraph (1), the Sec- and Passenger Safety
‘‘(5) SELECTION OF ELIGIBLE RECIPIENTS.—In retary— SEC. 2601. NATIONAL TRANSIT FRONTLINE WORK-
carrying out the program under this subsection, (A) shall issue specific recommendations for FORCE TRAINING CENTER.
the Secretary shall award not more than 20 per- setting the threshold of a major service change, Section 5314(b) of title 49, United States Code,
cent of grants to eligible entities located in rural which shall include, at a minimum, rec- is amended—
areas. ommendations related to— (1) by striking paragraph (2) and inserting the
‘‘(6) USES OF FUNDS.—An eligible entity receiv- (i) changes in hours of operations, including following:
ing a grant under this subsection shall use such consideration of changes during nonpeak hours; ‘‘(2) NATIONAL TRANSIT FRONTLINE WORK-
grant to implement a reduced fare transit pro- (ii) changes in the frequency of service; FORCE TRAINING CENTER.—
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gram and offset lost fare revenue. (iii) changes in coverage, including the open- ‘‘(A) ESTABLISHMENT.—The Secretary shall es-
‘‘(7) RULE OF CONSTRUCTION.—Nothing in this ing and closing of stations and stops and the tablish a national transit frontline workforce
section shall be construed to limit the eligibility changing of routes; and training center (hereinafter referred to as the
of an applicant if a State, local, or Tribal gov- (iv) the use of route-specific analyses in addi- ‘Center’) and enter into a cooperative agreement
ernmental entity provides reduced fare transpor- tion to service-area level analyses; with a nonprofit organization with a dem-
tation to low-income individuals. (B) shall recommend specific percentage onstrated capacity to develop and provide tran-
‘‘(8) DEFINITIONS.—In this subsection: change standards for the elements described in sit career pathway programs through labor-
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H3430 CONGRESSIONAL RECORD — HOUSE June 30, 2021
management partnerships and registered ap- English proficiency, diverse cultural and ethnic (ii) in subparagraph (C) by striking ‘‘public,
prenticeships on a nationwide basis, in order to backgrounds, and disabilities. personnel, and property’’ and inserting ‘‘public
carry out the duties under subparagraph (B). ‘‘(C) COORDINATION.—The Secretary shall co- and personnel to injuries, assaults, fatalities,
The Center shall be dedicated to the needs of ordinate activities under this section, to the and, consistent with guidelines by the Centers
the frontline transit workforce in both rural and maximum extent practicable, with the Employ- for Disease Control and Prevention, infectious
urban transit systems by providing training in ment and Training Administration, including diseases, and strategies to minimize the exposure
the maintenance and operations occupations the National Office of Apprenticeship of the De- of property’’;
based on industry best practices. partment of Labor and the Office of Career, (iii) in subparagraph (F) by striking ‘‘and’’ at
‘‘(B) DUTIES.— Technical, and Adult Education of the Depart- the end; and
‘‘(i) IN GENERAL.—In cooperation with the Ad- ment of Education. (iv) by striking subparagraph (G) and insert-
ministrator of the Federal Transit Administra- ‘‘(D) AVAILABILITY OF AMOUNTS.— ing the following:
tion, public transportation authorities, and na- ‘‘(i) IN GENERAL.—Not more than 1 percent of ‘‘(G) a comprehensive staff training program
tional entities, the Center shall develop and amounts made available to a recipient under for the operations and maintenance personnel
conduct training and educational programs for sections 5307, 5337, and 5339 and not more than and personnel directly responsible for safety of
frontline local transportation employees of re- 2 percent of amounts made available to a recipi- the recipient that includes—
cipients eligible for funds under this chapter. ent under section 5311 is available for expendi- ‘‘(i) the completion of a safety training pro-
‘‘(ii) TRAINING AND EDUCATIONAL PROGRAMS.— tures by the recipient, with the approval of the gram;
The training and educational programs devel- Secretary, to pay not more than 80 percent of ‘‘(ii) continuing safety education and train-
oped under clause (i) may include courses in re- the cost of eligible activities under this sub- ing; and
cent developments, techniques, and procedures section. ‘‘(iii) de-escalation training;
related to— ‘‘(ii) EXISTING PROGRAMS.—A recipient may ‘‘(H) a requirement that the safety committee
‘‘(I) developing consensus national training use amounts made available under clause (i) to only approve a safety plan under subparagraph
standards, skills, competencies, and recognized carry out existing local education and training (A) if such plan stays within such recipient’s
postsecondary credentials in partnership with programs for public transportation employees fiscal budget; and
industry stakeholders for key frontline transit supported by the Secretary, the Department of ‘‘(I) a risk reduction program for transit oper-
occupations with demonstrated skill gaps; Labor, or the Department of Education. ations to improve safety by reducing the number
‘‘(II) developing recommendations and best ‘‘(iii) LIMITATION.—Any funds made available and rates of accidents, injuries, and assaults on
practices for curriculum and recognized postsec- under this section that are used to fund an ap- transit workers using data submitted to the Na-
ondary credentials, including related instruc- prenticeship or apprenticeship program shall tional Transit Database, including—
tion and on-the-job learning for registered ap- only be used for, or provided to, a registered ap- ‘‘(i) a reduction of vehicular and pedestrian
prenticeship programs for transit maintenance prenticeship program, including any funds accidents involving buses that includes meas-
and operations occupations; awarded for the purposes of grants, contracts, ures to reduce visibility impairments for bus op-
‘‘(III) building local, regional, and statewide or cooperative agreements, or the development, erators that contribute to accidents, including
transit training partnerships to identify and ad- implementation, or administration, of an ap- retrofits to buses in revenue service and speci-
dress workforce skill gaps and develop skills, prenticeship or an apprenticeship program. fications for future procurements that reduce
competencies, and recognized postsecondary cre- ‘‘(E) DEFINITIONS.—In this paragraph: visibility impairments; and
dentials needed for delivering quality transit ‘‘(i) CAREER PATHWAY.—The term ‘career ‘‘(ii) transit worker assault mitigation, includ-
service and supporting employee career ad- pathway’ has the meaning given such term in ing the deployment of assault mitigation infra-
vancement; section 3 of the Workforce Innovation and Op- structure and technology on buses, including
‘‘(IV) developing programs for training of portunity Act (29 U.S.C. 3102). barriers to restrict the unwanted entry of indi-
transit frontline workers, instructors, mentors, ‘‘(ii) RECOGNIZED POSTSECONDARY CREDEN- viduals and objects into bus operators’
and labor-management partnership representa- TIAL.—The term ‘recognized postsecondary cre- workstations when a recipient’s risk analysis
tives, in the form of classroom, hands-on, on- dential’ has the meaning given such term in sec- performed by the safety committee established in
the-job, and web-based training, delivered at a tion 3 of the Workforce Innovation and Oppor- paragraph (4) determines that such barriers or
national center, regionally, or at individual tunity Act (29 U.S.C. 3102). other measures would reduce assaults on and
transit agencies; ‘‘(iii) REGISTERED APPRENTICESHIP PRO- injuries to transit workers.’’; and
‘‘(V) developing training programs for skills GRAM.—The term ‘registered apprenticeship pro- (B) by adding at the end the following:
and competencies related to existing and emerg- gram’ means an apprenticeship program reg- ‘‘(4) SAFETY COMMITTEE.—For purposes of the
ing transit technologies, including zero emission istered with the Department of Labor or a Fed- approval process of an agency safety plan under
buses; erally-recognized State Apprenticeship Agency paragraph (1), the safety committee shall be
‘‘(VI) developing improved capacity for safety, and that complies with the requirements under convened by a joint labor-management process
security, and emergency preparedness in local parts 29 and 30 of title 29, Code of Federal Regu- and consist of an equal number of—
transit systems and in the industry as a whole lations, as in effect on January 1, 2019.’’; ‘‘(A) frontline employee representatives, se-
through— (2) in paragraph (3) by striking ‘‘or (2)’’; and lected by the labor organization representing the
‘‘(aa) developing the role of the transit front- (3) by striking paragraph (4). plurality of the frontline workforce employed by
line workforce in building and sustaining safety SEC. 2602. PUBLIC TRANSPORTATION SAFETY the recipient or if applicable a contractor to the
culture and safety systems in the industry and PROGRAM. recipient; and
in individual public transportation systems; and Section 5329 of title 49, United States Code, is ‘‘(B) employer or State representatives.’’; and
‘‘(bb) training to address transit frontline amended— (4) in subsection (e)(4)(A)(v) by inserting ‘‘,
worker roles in promoting health and safety for (1) in subsection (b)(2)(C)(ii)— inspection,’’ after ‘‘has investigative’’.
transit workers and the riding public; (A) in subclause (I) by striking ‘‘and’’ at the SEC. 2603. INNOVATION WORKFORCE STAND-
‘‘(VII) developing local transit capacity for end; ARDS.
career pathways programs with schools and (B) in subclause (II) by striking the semicolon (a) PROHIBITION ON USE OF FUNDS.—No finan-
other community organizations for recruiting and inserting ‘‘; and’’; and cial assistance under chapter 53 of title 49,
and training under-represented populations as (C) by adding at the end the following: United States Code, may be used for—
successful transit employees who can develop ‘‘(III) innovations in driver assistance tech- (1) an automated vehicle providing public
careers in the transit industry; nologies and driver protection infrastructure transportation unless—
‘‘(VIII) in collaboration with the Adminis- where appropriate, and a reduction in visibility (A) the recipient of such assistance that pro-
trator of the Federal Transit Administration, impairments that contribute to pedestrian fatali- poses to deploy an automated vehicle providing
the Bureau of Labor Statistics, the Employment ties;’’; public transportation certifies to the Secretary
and Training Adminstration, and organizations (2) in subsection (b)(2)— of Transportation that the deployment does not
representing public transit agencies, conducting (A) by redesignating subparagraphs (D) and eliminate or reduce the frequency of existing
and disseminating research to— (E) as subparagraphs (E) and (F), respectively; public transportation service; and
‘‘(aa) provide transit workforce job projections and (B) the Secretary receives, approves, and pub-
and identify training needs and gaps; (B) by inserting after subparagraph (C) the lishes the workforce development plan under
‘‘(bb) determine the most cost-effective meth- following: subsection (b) submitted by the eligible entity
ods for transit workforce training and develop- ‘‘(D) in consultation with the Secretary of the when required by subsection (b)(1); and
ment, including return on investment analysis; Department of Health and Human Services, pre- (2) a mobility on demand service unless—
‘‘(cc) identify the most effective methods for cautionary and reactive actions required to en- (A) the recipient of such assistance that pro-
implementing successful safety systems and a sure public and personnel safety and health poses to deploy a mobility on demand service
positive safety culture; and during an emergency as defined in section certifies to the Secretary that the service meets
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‘‘(dd) promote transit workforce best practices 5324;’’; the criteria under section 5307, 5310, 5311, 5312,
for achieving cost-effective, quality, safe, and (3) in subsection (d)— or 5316 of title 49, United States Code; and
reliable public transportation services; and (A) in paragraph (1)— (B) the Secretary receives, approves, and pub-
‘‘(IX) providing culturally competent training (i) in subparagraph (A) by inserting ‘‘the safe- lishes the workforce development plan under
and educational programs to all who partici- ty committee established under paragraph (4), subsection (b) submitted by the eligible entity
pate, regardless of gender, sexual orientation, or and subsequently,’’ before ‘‘the board of direc- when required by subsection (b)(1).
gender identity, including those with limited tors’’; (b) WORKFORCE DEVELOPMENT PLAN.—
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3431
(1) IN GENERAL.—A recipient of financial as- (3) PUBLIC TRANSPORTATION.—The term ‘‘pub- standard, or rule was in effect on December 30,
sistance under chapter 53 of title 49, United lic transportation’’ has the meaning given such 2019.
States Code, proposing to deploy an automated term in section 5302 of title 49, United States ‘‘(b) BEST-VALUE FRAMEWORK.—To the max-
vehicle providing public transportation or mobil- Code. imum extent practicable, a recipient of assist-
ity on demand service shall submit to the Sec- (e) SAVINGS CLAUSE.—Nothing in this section ance under a covered infrastructure program is
retary, prior to implementation of such service, shall prohibit the use of funds for an eligible ac- encouraged—
a workforce development plan if such service, tivity or pilot project of a covered recipient au- ‘‘(1) to ensure that each dollar invested in in-
combined with any other automated vehicle pro- thorized under current law prior to the date of frastructure uses a best-value contracting
viding public transportation or mobility on de- enactment of this Act. framework to maximize the local value of feder-
mand service offered by such recipient, would SEC. 2604. SAFETY PERFORMANCE MEASURES ally funded contracts by evaluating bids on
exceed more than 0.5 percent of the recipient’s AND SET ASIDES. price and other technical criteria prioritized in
total annual transit passenger miles traveled. Section 5329(d)(2) of title 49, United States the bid, such as—
(2) CONTENTS.—The workforce development Code, is amended to read as follows: ‘‘(A) equity;
plan under subsection (a) shall include the fol- ‘‘(B) environmental and climate justice;
‘‘(2) SAFETY COMMITTEE PERFORMANCE MEAS- ‘‘(C) impact on greenhouse gas emissions;
lowing: URES.—
(A) A description of services offered by exist- ‘‘(D) resilience;
‘‘(A) IN GENERAL.—The safety committee de- ‘‘(E) the results of a 40-year life-cycle anal-
ing conventional modes of public transportation scribed in paragraph (4) shall establish perform- ysis;
in the area served by the recipient that could be ance measures for the risk reduction program in ‘‘(F) safety;
affected by the proposed automated vehicle pro- paragraph (1)(I) using a 3-year rolling average ‘‘(G) commitment to creating or sustaining
viding public transportation or mobility on de- of the data submitted by the recipient to the Na- high-quality job opportunities affiliated with
mand service, including jobs and functions of tional Transit Database. registered apprenticeship programs (as defined
such jobs. ‘‘(B) SAFETY SET ASIDE.—With respect to a re- in subsection (a)(3)) for disadvantaged or
(B) A forecast of the number of jobs provided cipient serving an urbanized area that receives underrepresented individuals in infrastructure
by existing conventional modes of public trans- funds under section 5307, such recipient shall industries in the United States; and
portation that would be eliminated or that allocate not less than 0.75 percent of such funds ‘‘(H) access to jobs and essential services by
would be substantially changed and the number to projects eligible under section 5307. all modes of travel for all users, including indi-
of jobs expected to be created by the proposed ‘‘(C) FAILURE TO MEET PERFORMANCE MEAS- viduals with disabilities; and
automated vehicle providing public transpor- URES.—Any recipient that receives funds under ‘‘(2) to ensure community engagement, trans-
tation or mobility on demand service over a 5- section 5307 that does not meet the performance parency, and accountability in carrying out
year period from the date of the publication of measures established in subparagraph (A) shall each stage of the project.
the workforce development plan. allocate the amount made available in subpara- ‘‘(c) PREFERENCE FOR REGISTERED APPREN-
(C) Identified gaps in skills needed to operate graph (B) in the following fiscal year to projects TICESHIP PROGRAMS.—To the maximum extent
and maintain the proposed automated vehicle described in subparagraph (D). practicable, a recipient of assistance under a
providing public transportation or mobility on ‘‘(D) ELIGIBLE PROJECTS.—Funds set aside covered infrastructure program, with respect to
demand service. under this paragraph shall be used for projects the project for which the assistance is received,
(D) A comprehensive plan to transition, train, shall give preference to a bidder that dem-
that are reasonably likely to meet the perform-
or retrain employees that could be affected by onstrates a commitment to high-quality job op-
ance measures established in subparagraph (A),
the proposed automated vehicle providing public portunities affiliated with registered apprentice-
including modifications to rolling stock and de-
transportation or mobility on demand service. ship programs.
(E) An estimated budget to transition, train, escalation training.’’.
‘‘(d) USE OF U.S. EMPLOYMENT PLAN.—Not-
or retrain employees impacted by the proposed SEC. 2605. U.S. EMPLOYMENT PLAN.
withstanding any other provision of law, in car-
automated vehicle providing public transpor- (a) IN GENERAL.—Chapter 53 of title 49, rying out a project under a covered infrastruc-
tation or mobility on demand service over a 5- United States Code, is amended by adding at the ture program that receives assistance under this
year period from the date of the publication of end the following: chapter, the recipient shall use a U.S. Employ-
the workforce development plan. ‘‘§ 5341. U.S. Employment Plan ment Plan for each contract of $10,000,000 or
(c) NOTICE REQUIRED.— ‘‘(a) DEFINITIONS.—In this section: more for the purchase of manufactured goods or
(1) IN GENERAL.—A recipient of financial as- ‘‘(1) COMMITMENT TO HIGH-QUALITY CAREER of services, based on an independent cost esti-
sistance under chapter 53 of title 49, United AND BUSINESS OPPORTUNITIES.—The term ‘com- mate.
States Code, shall issue a notice to employees mitment to high-quality career and business op- ‘‘(e) PRIORITY.—The Secretary shall ensure
who, due to the use of an automated vehicle portunities’ means participation in a registered that the entity carrying out a project under the
providing public transportation or mobility on apprenticeship program. covered infrastructure program gives priority
demand service, may be subjected to a loss of ‘‘(2) COVERED INFRASTRUCTURE PROGRAM.— to—
employment or a change in responsibilities not The term ‘covered infrastructure program’ ‘‘(1) individuals with a barrier to employment
later than 60 days before signing a contract for means any activity under a program or project (as defined in section 3 of the Workforce Inno-
such service or procurement. A recipient shall under this chapter for the purchase or acquisi- vation and Opportunity Act (29 U.S.C. 3102)),
provide employees copies of a request for a pro- tion of rolling stock. including ex-offenders and disabled individuals;
posal related to an automated vehicle providing ‘‘(3) U.S. EMPLOYMENT PLAN.—The term ‘U.S. ‘‘(2) veterans; and
public transportation or mobility on demand ‘‘(3) individuals that represent populations
Employment Plan’ means a plan under which
services at the time such request is issued. that are traditionally underrepresented in the
an entity receiving Federal assistance for a
(2) CONTENT.—The notice required in para- infrastructure workforce, such as women and
project under a covered infrastructure program
graph (1) shall include the following: racial and ethnic minorities.
shall—
(A) A description of the automated vehicle ‘‘(f) REPORT.—Not less frequently than once
‘‘(A) include in a request for proposal an en-
providing public transportation or mobility on each fiscal year, the Secretary shall jointly sub-
couragement for bidders to include, with respect
demand service. mit to Congress a report describing the imple-
(B) The impact of the automated vehicle pro- to the project—
mentation of this section.
viding public transportation or mobility on de- ‘‘(i) high-quality wage, benefit, and training ‘‘(g) INTENT OF CONGRESS.—
mand service on employment positions, includ- commitments by the bidder and the supply chain ‘‘(1) IN GENERAL.—It is the intent of Con-
ing a description of which employment positions of the bidder for the project; and gress—
will be affected and whether any new positions ‘‘(ii) a commitment to recruit and hire individ- ‘‘(A) to encourage recipients of Federal assist-
will be created. uals described in subsection (e) if the project re- ance under covered infrastructure programs to
(d) DEFINITIONS.—In this section: sults in the hiring of employees not currently or use a best-value contracting framework de-
(1) AUTOMATED VEHICLE.—The term ‘‘auto- previously employed by the bidder and the sup- scribed in subsection (b) for the purchase of
mated vehicle’’ means a motor vehicle that— ply chain of the bidder for the project; goods and services;
(A) is capable of performing the entire task of ‘‘(B) give preference for the award of the con- ‘‘(B) to encourage recipients of Federal assist-
driving (including steering, accelerating and de- tract to a bidder that includes the commitments ance under covered infrastructure programs to
celerating, and reacting to external stimulus) described in clauses (i) and (ii) of subparagraph use preferences for registered apprenticeship
without human intervention; and (A); and programs as described in subsection (c) when
(B) is designed to be operated exclusively by a ‘‘(C) ensure that each bidder that includes the evaluating bids for projects using that assist-
Level 4 or Level 5 automated driving system for commitments described in clauses (i) and (ii) of ance;
all trips according to the recommended practice subparagraph (A) that is awarded a contract ‘‘(C) to require that recipients of Federal as-
standards published on June 15, 2018, by the So- complies with those commitments. sistance under covered infrastructure programs
ciety of Automotive Engineers International ‘‘(4) REGISTERED APPRENTICESHIP PROGRAM.— use the U.S. Employment Plan in carrying out
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(J3016l201806) or equivalent standards adopted The term ‘registered apprenticeship program’ the project for which the assistance was pro-
by the Secretary with respect to automated means an apprenticeship program registered vided; and
motor vehicles. under the Act of August 16, 1937 (commonly ‘‘(D) that full and open competition under
(2) MOBILITY ON DEMAND.—The term ‘‘mobil- known as the ‘National Apprenticeship Act’; 50 covered infrastructure programs means a proce-
ity on demand’’ has the meaning given such Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), in- dural competition that prevents corruption, fa-
term in section 5316 of title 49, United States cluding any requirement, standard, or rule pro- voritism, and unfair treatment by recipient
Code. mulgated under such Act, as such requirement, agencies.
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H3432 CONGRESSIONAL RECORD — HOUSE June 30, 2021
‘‘(2) INCLUSION.—A best-value contracting ‘‘(B) an existing fixed guideway system, or an mentation of transit-oriented development
framework described in subsection (b) is a existing station that is served by a fixed guide- projects and transit-supportive corridor policies.
framework that authorizes a recipient of Fed- way system; or ‘‘(d) VALUE CAPTURE POLICY REQUIRE-
eral assistance under a covered infrastructure ‘‘(C) the immediate corridor along the highest MENTS.—
program, in awarding contracts, to evaluate a 25 percent of routes by ridership as dem- ‘‘(1) VALUE CAPTURE POLICY.—Not later than
range of factors, including price, the quality of onstrated in section 5336(b)(2)(B). October 1 of the fiscal year that begins 2 years
products, the quality of services, and commit- ‘‘(2) GENERAL AUTHORITY.—The Secretary may after the date of enactment of this section, the
ments to the creation of good jobs for all people make grants under this subsection to a State, Secretary, in collaboration with State depart-
in the United States.’’. local governmental authority, or metropolitan ments of transportation, metropolitan planning
(b) CLERICAL AMENDMENT.—The analysis for planning organization to assist in financing organizations, and regional council of govern-
chapter 53 of title 49, United States Code, is comprehensive planning associated with an eli- ments, shall establish voluntary and consensus-
amended by adding at the end the following: gible project that seeks to— based value capture standards, policies, and
‘‘5341. U.S. Employment Plan.’’. ‘‘(A) enhance economic development, rider- best practices for State and local value capture
ship, equity, reduction of greenhouse gas emis- mechanisms that promote greater investments in
SEC. 2606. TECHNICAL ASSISTANCE AND WORK-
FORCE DEVELOPMENT.
sions, or other goals established during the public transportation and affordable transit-ori-
project development and engineering processes ented development.
Section 5314(a) of title 49, United States Code,
or the grant application; ‘‘(2) REPORT.—Not later than 15 months after
is amended— ‘‘(B) facilitate multimodal connectivity and the date of enactment of this section, the Sec-
(1) in paragraph (2) by inserting after sub-
accessibility; retary shall make available to the public a re-
paragraph (H) (as added by section 2104 of this ‘‘(C) increase access to transit hubs for pedes- port cataloging examples of State and local laws
Act) the following: trian and bicycle traffic;
‘‘(I) provide innovation and capacity-building and policies that provide for value capture and
‘‘(D) enable mixed-use development; value sharing that promote greater investment
to rural and tribal public transportation recipi- ‘‘(E) identify infrastructure needs associated
ents that do not duplicate the activities of sec- in public transportation and affordable transit-
with the eligible project; and oriented development.
tions 5311(b) or 5312;’’; and ‘‘(F) include private sector participation. ‘‘(e) EQUITY.—In providing technical assist-
(2) by adding at the end the following: ‘‘(3) ELIGIBILITY.—A State, local govern- ance under subsection (c), the Secretary shall
‘‘(5) AVAILABILITY OF AMOUNTS.—Of the mental authority, or metropolitan planning or-
amounts made available to carry out this section incorporate strategies to promote equity for
ganization that desires to participate in the pro- underrepresented and underserved communities,
under section 5338(a)(2)(G)(i), $1,500,000 shall be gram under this subsection shall submit to the
available to carry out activities described in including—
Secretary an application that contains at a min- ‘‘(1) preventing displacement of existing resi-
paragraph (2)(I).’’. imum— dents and businesses;
SEC. 2607. RESILIENT PUBLIC TRANSPORTATION ‘‘(A) an identification of an eligible project; ‘‘(2) mitigating rent and housing price in-
STUDY. ‘‘(B) a schedule and process for the develop- creases;
(a) STUDY.—The Secretary of Transportation ment of a comprehensive plan; ‘‘(3) incorporating affordable rental and own-
shall conduct a study on resilience planning ‘‘(C) a description of how the eligible project ership housing in transit-oriented development;
and innovative resilience strategies for public and the proposed comprehensive plan advance ‘‘(4) engaging under-served, limited English
transportation and shared mobility. the metropolitan transportation plan of the met- proficiency, low-income, and minority commu-
(b) CONTENTS.—In carrying out the study ropolitan planning organization; nities in the planning process;
under subsection (a), the Secretary shall as- ‘‘(D) proposed performance criteria for the de- ‘‘(5) fostering economic development opportu-
sess— velopment and implementation of the com- nities for existing residents and businesses; and
(1) best practices for making public transpor- prehensive plan; ‘‘(6) targeting affordable housing that help
tation more resilient to external shocks, such as ‘‘(E) a description of how the project will ad- lessen homelessness.
pandemics and natural hazards; and vance equity and reduce and mitigate social and ‘‘(f) AUTHORITY TO REQUEST STAFFING ASSIST-
(2) new materials and technologies that may economic impacts on existing residents and busi- ANCE.—In fulfilling the duties of this section,
improve the resilience of public transportation nesses and communities historically excluded the Secretary shall, as needed, request staffing
and shared mobility, including innovative tran- from economic opportunities vulnerable to dis- and technical assistance from other Federal
sit vehicles, emerging electric vehicle chassis placement; and agencies, programs, administrations, boards, or
platforms, and smart air quality control systems. ‘‘(F) identification of— commissions.
(c) PARTNERSHIPS.—In carrying out the study ‘‘(i) partners; ‘‘(g) REVIEW EXISTING POLICIES AND PRO-
under subsection (a), the Secretary shall consult ‘‘(ii) availability of and authority for funding; GRAMS.—Not later than 24 months after the date
with institutions of higher education, as such and of enactment of this section, the Secretary shall
term is defined in section 101 of the Higher Edu- ‘‘(iii) potential State, local or other impedi-
review and evaluate all existing policies and
cation Act of 1965 (20 U.S.C. 1001), academic ex- ments to the implementation of the comprehen-
programs within the Federal Transit Adminis-
perts, and nonprofit organizations with exper- sive plan.
tration that support or promote transit-oriented
‘‘(4) COST SHARE.—A grant under this sub-
tise in engineering, travel behavior, artificial in- development to ensure their coordination and
section shall not exceed an amount in excess of
telligence, policy analysis, planning, public effectiveness relative to the goals of this section.
80 percent of total project costs, except that a
healthy and safety, and social and racial eq- ‘‘(h) REPORTING.—Not later than February 1
grant that includes an affordable housing com-
uity. of each year beginning the year after the date
ponent shall not exceed an amount in excess of
(d) REPORT.—Not later than 1 year after the of enactment of this section, the Secretary shall
90 percent of total project costs.
date of enactment of this Act, the Secretary prepare a report detailing the grants and tech-
‘‘(c) TECHNICAL ASSISTANCE.—The Secretary
shall submit to the Committee on Transportation nical assistance provided under this section, the
shall provide technical assistance to States,
and Infrastructure of the House of Representa- number of affordable housing units constructed
local governmental authorities, and metropoli-
tives and the Committee on Commerce, Science, or planned as a result of projects funded in this
tan planning organizations in the planning and
and Transportation of the Senate a report con- section, and the number of affordable housing
development of transit-oriented development
taining the results of the study conducted under units constructed or planned as a result of a
projects and transit-supportive corridor policies,
subsection (a). property transfer under section 5334(h)(1). The
including—
Subtitle G—Transit-Supportive Communities ‘‘(1) the siting, planning, financing, and inte- report shall be provided to the Committee on
gration of transit-oriented development projects; Transportation and Infrastructure of the House
SEC. 2701. TRANSIT-SUPPORTIVE COMMUNITIES.
‘‘(2) the integration of transit-oriented devel- of Representatives and the Committee on Bank-
(a) IN GENERAL.—Chapter 53 of title 49,
opment and transit-supportive corridor policies ing, Housing, and Urban Affairs of the Senate.
United States Code, is amended by inserting ‘‘(i) SAVINGS CLAUSE.—Nothing in this section
after section 5327 the following: in the preparation for and development of an
application for funding under section 602 of title authorizes the Secretary to provide any finan-
‘‘§ 5328. Transit-supportive communities cial assistance for the construction of housing.
23;
‘‘(a) ESTABLISHMENT.—The Secretary shall es- ‘‘(3) the siting, planning, financing, and inte- ‘‘(j) PRIORITY FOR LOW-INCOME AREAS.—In
tablish within the Federal Transit Administra- gration of transit-oriented development and awarding grants under this section, the Sec-
tion, an Office of Transit-Supportive Commu- transit-supportive corridor policies associated retary shall give priority to projects under this
nities to make grants, provide technical assist- with projects under section 5309; section that expand or build transit in low-in-
ance, and assist in the coordination of transit ‘‘(4) the development of housing feasibility as- come areas or that provide access to public
and housing policies within the Federal Transit sessments as allowed under section transportation to low-income areas that do not
Administration, the Department of Transpor- 5309(g)(3)(B); have access to public transportation.’’.
tation, and across the Federal Government. ‘‘(5) the development of transit-supportive cor- (b) CLERICAL AMENDMENT.—The analysis for
chapter 53 of title 49, United States Code, is
ctelli on DSK11ZRN23PROD with HOUSE
‘‘(b) TRANSIT ORIENTED DEVELOPMENT PLAN- ridor policies that promote transit ridership and
NING GRANT PROGRAM.— transit-oriented development; amended by inserting after the item relating to
‘‘(1) DEFINITION.—In this subsection the term ‘‘(6) the development, implementation, and section 5327 the following:
‘eligible project’ means— management of land value capture programs; ‘‘5328. Transit-supportive communities.’’.
‘‘(A) a new fixed guideway capital project or and (c) TECHNICAL AND CONFORMING AMEND-
a core capacity improvement project as defined ‘‘(7) the development of model contracts, MENT.—Section 20005 of the MAP–21 (Public
in section 5309; model codes, and best practices for the imple- Law 112–141) is amended—
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3433
(1) by striking ‘‘(a) AMENDMENT.—’’; and room occupancy units, or accessory dwelling ‘‘(v) other measures that align with the objec-
(2) by striking subsection (b). units, providing local capital sources for transit- tives under subparagraph (B).
SEC. 2702. PROPERTY DISPOSITION FOR AFFORD- oriented development, or demonstrate other ‘‘(D) ELIGIBLE ENTITIES.—Entities eligible to
ABLE HOUSING. methods as determined by the Secretary.’’; and receive funding under this paragraph shall in-
Section 5334(h)(1) of title 49, United States (B) in paragraph (3) by adding at the end the clude consortia consisting of, at a minimum:
Code, is amended to read as follows: following: ‘‘(i) recipients of funds under this chapter
‘‘(1) IN GENERAL.—If a recipient of assistance ‘‘(B) establish a warrant that applies to the that provide public transportation services;
under this chapter decides an asset acquired economic development or land use project jus- ‘‘(ii) transit vehicle manufacturers;
under this chapter at least in part with that as- tification criteria, provided that the applicant ‘‘(iii) representatives from organizations en-
sistance is no longer needed for the purpose for that requests a warrant under this process has gaged in collective bargaining on behalf of tran-
which such asset was acquired, the Secretary completed and submitted a housing feasibility sit workers in not fewer than three States; and
assessment.’’; and ‘‘(iv) any nonprofit institution of higher edu-
may authorize the recipient to transfer such
(2) in subsection (l)(4) by adding at the end cation, as defined in section 101 of the Higher
asset to—
the following: Education Act of 1965 (20 U.S.C. 1001).’’.
‘‘(A) a local governmental authority to be
‘‘(E) from grant proceeds distributed under SEC. 2803. FEDERAL TRANSIT ADMINISTRATION
used for a public purpose with no further obli- EVERY DAY COUNTS INITIATIVE.
gation to the Government if the Secretary de- section 103 of the Housing and Community De-
velopment Act of 1974 (42 U.S.C. 5303) or section Section 5312 of title 49, United States Code, as
cides—
201 of the Public Works and Economic Develop- amended by section 2503, is further amended by
‘‘(i) the asset will remain in public use for at
ment Act of 1965 (42 U.S.C. 3141) provided that— adding at the end the following:
least 5 years after the date the asset is trans- ‘‘(k) EVERY DAY COUNTS INITIATIVE.—
ferred; ‘‘(i) such funds are used in conjunction with
the planning or development of affordable hous- ‘‘(1) IN GENERAL.—It is in the national interest
‘‘(ii) there is no purpose eligible for assistance for the Department of Transportation and re-
under this chapter for which the asset should be ing; and
‘‘(ii) such affordable housing is located within cipients of Federal public transportation
used; funds—
one-half of a mile of a new station.’’.
‘‘(iii) the overall benefit of allowing the trans- ‘‘(A) to identify, accelerate, and deploy inno-
fer is greater than the interest of the Govern- Subtitle H—Innovation
vation aimed at expediting project delivery, en-
ment in liquidation and return of the financial SEC. 2801. MOBILITY INNOVATION SANDBOX PRO-
hancing the safety of transit systems of the
interest of the Government in the asset, after GRAM.
United States, and protecting the environment;
considering fair market value and other factors; Section 5312(d) of title 49, United States Code, ‘‘(B) to ensure that the planning, design, en-
and is amended by adding at the end the following: gineering, construction, and financing of trans-
‘‘(iv) through an appropriate screening or sur- ‘‘(3) MOBILITY INNOVATION SANDBOX PRO-
portation projects is done in an efficient and ef-
vey process, that there is no interest in acquir- GRAM.—The Secretary may make funding avail-
fective manner;
ing the asset for Government use if the asset is able under this subsection to carry out research ‘‘(C) to promote the rapid deployment of prov-
a facility or land; or on mobility on demand and mobility as a service en solutions that provide greater accountability
‘‘(B) a local governmental authority, non- activities eligible under section 5316.’’. for public investments; and
profit organization, or other third party entity SEC. 2802. TRANSIT BUS OPERATOR COMPART- ‘‘(D) to create a culture of innovation within
to be used for the purpose of transit-oriented de- MENT REDESIGN PROGRAM. the transit community.
velopment with no further obligation to the Gov- Section 5312(d) of title 49, United States Code, ‘‘(2) FTA EVERY DAY COUNTS INITIATIVE.—To
ernment if the Secretary decides— is further amended by adding at the end the fol- advance the policies described in paragraph (1),
‘‘(i) the asset is a necessary component of a lowing: the Administrator of the Federal Transit Admin-
proposed transit-oriented development project; ‘‘(4) TRANSIT BUS OPERATOR COMPARTMENT istration shall adopt the Every Day Counts ini-
‘‘(ii) the transit-oriented development project REDESIGN PROGRAM.— tiative to work with recipients to identify and
will increase transit ridership; ‘‘(A) IN GENERAL.—The Secretary may make deploy the proven innovation practices and
‘‘(iii) at least 40 percent of the housing units funding available under this subsection to carry products that—
offered in the transit-oriented development, in- out research on redesigning transit bus operator ‘‘(A) accelerate innovation deployment;
cluding housing units owned by nongovern- compartments to improve safety, operational ef- ‘‘(B) expedite the project delivery process;
mental entities, are legally binding affordability ficiency, and passenger accessibility. ‘‘(C) improve environmental sustainability;
restricted to tenants with incomes at or below 60 ‘‘(B) OBJECTIVES.—Research objectives under ‘‘(D) enhance transit safety;
percent of the area median income or owners this paragraph shall include— ‘‘(E) expand mobility; and
with incomes at or below 60 percent the area me- ‘‘(i) increasing bus operator safety from as- ‘‘(F) reduce greenhouse gas emissions.
saults; ‘‘(3) CONSIDERATION.—In accordance with the
dian income;
‘‘(ii) optimizing operator visibility and reduc- Every Day Counts goals described in para-
‘‘(iv) the asset will remain in use as described
ing operator distractions to improve safety of graphs (1) and (2), the Administrator shall con-
in this section for at least 30 years after the date
bus passengers, pedestrians, bicyclists, and sider research conducted through the university
the asset is transferred; and
other roadway users; transportation centers program in section 5505.
‘‘(v) with respect to a transfer to a third party
‘‘(iii) expanding passenger accessibility for ‘‘(4) INNOVATION DEPLOYMENT.—
entity— ‘‘(A) IN GENERAL.—At least every 2 years, the
positive interactions between operators and pas-
‘‘(I) a local government authority or nonprofit Administrator shall work collaboratively with
sengers, including assisting passengers in need
organization is unable to receive the property; recipients to identify a new collection of innova-
of special assistance;
‘‘(II) the overall benefit of allowing the trans- ‘‘(iv) accommodating passenger boarding, tions, best practices, and data to be deployed to
fer is greater than the interest of the Govern- alighting, and securement consistent with the recipients through case studies, webinars, and
ment in liquidation and return of the financial Americans with Disabilities Act of 1990 (42 demonstration projects.
interest of the Government in the asset, after U.S.C. 12101 et seq.); and ‘‘(B) REQUIREMENTS.—In identifying a collec-
considering fair market value and other factors; ‘‘(v) improving ergonomics to reduce bus oper- tion described in subparagraph (A), the Sec-
and ator work-related health issues and injuries, as retary shall take into account market readiness,
‘‘(III) the third party has demonstrated a sat- well as locate key instrument and control inter- impacts, benefits, and ease of adoption of the
isfactory history of construction or operating an faces to improve operational efficiency and con- innovation or practice.
affordable housing development.’’. venience. ‘‘(5) PUBLICATION.—Each collection identified
SEC. 2703. AFFORDABLE HOUSING INCENTIVES IN ‘‘(C) ACTIVITIES.—Eligible activities under this under paragraph (4) shall be published by the
CAPITAL INVESTMENT GRANTS. paragraph shall include— Administrator on a publicly available website.
Section 5309 of title 49, United States Code, is ‘‘(i) measures to reduce visibility impairments ‘‘(6) RULE OF CONSTRUCTION.—Nothing in this
further amended— and distractions for bus operators that con- subsection may be construed to allow the Sec-
(1) in subsection (g)— tribute to accidents, including retrofits to buses retary to waive any requirement under any
(A) in paragraph (2)(B)— in revenue service and specifications for future other provision of Federal law.’’.
(i) in clause (i) by striking ‘‘; and’’ and insert- procurements that reduce visibility impairments SEC. 2804. TECHNICAL CORRECTIONS.
ing a semicolon; and distractions; Section 5312 of title 49, United States Code, as
(ii) in clause (ii) by striking the period and in- ‘‘(ii) the deployment of assault mitigation in- amended in section 2503 and 2803, is further
serting ‘‘; and’’; and frastructure and technology on buses, including amended—
(iii) by adding at the end the following: barriers to restrict the unwanted entry of indi- (1) in subsection (e)—
‘‘(iii) in the case of a new fixed guideway cap- viduals and objects into bus operators’ (A) in paragraph (3)(C) by striking ‘‘low or no
ital project or a core capacity improvement workstations; emission vehicles, zero emission vehicles,’’ and
project, allow a weighting up to 5 percentage ‘‘(iii) technologies to improve passenger acces- inserting ‘‘zero emission vehicles’’; and
ctelli on DSK11ZRN23PROD with HOUSE
points greater to the economic development or sibility, including boarding, alighting, and se- (B) by striking paragraph (6) and inserting
land use criterion and up to 5 percentage points curement consistent with the Americans with the following:
lesser to the lowest scoring criterion if the appli- Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); ‘‘(6) ZERO EMISSION VEHICLE DEFINED.—In this
cant demonstrates substantial efforts to preserve ‘‘(iv) installation of seating and modification subsection, the term ‘zero emission vehicle’
or encourage affordable housing near the to design specifications of bus operator means a passenger vehicle used to provide pub-
project by providing documentation of policies workstations that reduce or prevent injuries lic transportation that produces no carbon or
that allow by-right multi-family housing, single from ergonomic risks; or particulate matter.’’;
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H3434 CONGRESSIONAL RECORD — HOUSE June 30, 2021
(2) by redesignating the first subsection (g) as (3) that no proposal selected would undermine a counsel reporting directly to the Inspector
subsection (f); and the creation of high-quality jobs or workforce General;
(3) in subsection (h)— support and development programs. ‘‘(E) requires the Inspector General of the
(A) in the header by striking ‘‘LOW OR NO (g) FEDERAL SHARE.—The Federal share of Transit Authority to submit recommendations
EMISSION’’ and inserting ‘‘ZERO EMISSION’’; costs of the program shall be provided from for corrective action to the General Manager
(B) in paragraph (1)— funds made available to carry out this section. and the Board of Directors of the Transit Au-
(i) by striking subparagraph (B) and inserting The Federal share of the cost of a project car- thority;
the following: ried out under the program shall not exceed 80 ‘‘(F) requires the Inspector General of the
‘‘(B) the term ‘zero emission vehicle’ has the percent of such cost. Transit Authority to publish any recommenda-
meaning given such term in subsection (e)(6);’’; SEC. 2806. PUBLIC TRANSPORTATION INNOVA- tion described in subparagraph (E) on the
and TION. website of the Office of Inspector General of the
(ii) in subparagraph (D) by striking ‘‘low or Section 5312(h)(2) of title 49, United States Transit Authority, except that the Inspector
no emission vehicle’’ and inserting ‘‘zero emis- Code, is amended by striking subparagraph (G). General may redact personally identifiable in-
sion vehicle’’ each place such term appears; SEC. 2807. TRANSIT VEHICLE BATTERY RECY- formation and information that, in the deter-
(C) in paragraph (2)— CLING AND REUSE. mination of the Inspector General, would pose a
(i) in the heading by striking ‘‘LOW OR NO security risk to the systems of the Transit Au-
(a) IN GENERAL.—Not later than 1 year after
EMISSION’’ and inserting ‘‘ZERO EMISSION’’; and thority;
the date of enactment of this Act, the Secretary
(ii) by striking ‘‘low or no emission’’ and in- ‘‘(G) requires the Board of Directors of the
of Transportation shall issue regulations that,
serting ‘‘zero emission’’ each place such term Transit Authority to provide written notice to
notwithstanding any other provision of law,
appears; the Committee on Transportation and Infra-
allow recipients of funds under chapter 53 of
(D) in paragraph (3) by striking ‘‘low or no structure of the House of Representatives and
title 49, United States Code, at the option of the
emission’’ and inserting ‘‘zero emission’’ each the Committee on Banking, Housing, and Urban
recipient, to repurpose, recycle, reuse, sell, or
place such term appears (including in the head- Affairs of the Senate not less than 30 days be-
lease transit vehicle batteries that are beyond
ing); and fore the Board of Directors removes the Inspec-
the useful service life of such batteries for the
(E) in paragraph (5)(A) by striking ‘‘low or no tor General of the Transit Authority, which
purpose of transit vehicle propulsion and com-
emission’’ and inserting ‘‘zero emission’’. shall include the reasons for removal and sup-
ponent parts of such batteries.
SEC. 2805. NATIONAL ADVANCED TECHNOLOGY porting documentation; and
(b) CONSIDERATIONS.—In issuing regulations
TRANSIT BUS DEVELOPMENT PRO- ‘‘(H) prohibits the Board of Directors from re-
GRAM. under subsection (a), the Secretary shall
prioritize second life applications that— moving the Inspector General of the Transit Au-
(a) ESTABLISHMENT.—The Secretary of Trans- thority unless the Board of Directors has pro-
portation shall establish a national advanced (1) maximize the full use of transit vehicle bat-
teries beyond the useful life of such batteries for vided a 30 day written notification as described
technology transit bus development program to in subparagraph (G) that documents—
facilitate the development and testing of com- transit vehicle propulsion and component parts
of such batteries; ‘‘(i) a permanent incapacity;
mercially viable advanced technology transit ‘‘(ii) a neglect of duty;
(2) enhance the reuse and recycling of transit
buses that do not exceed a Level 3 automated ‘‘(iii) malfeasance;
vehicle batteries, components, and component
driving system and related infrastructure. ‘‘(iv) a conviction of a felony or conduct in-
(b) AUTHORIZATION.—There shall be available critical minerals of such batteries;
volving moral turpitude;
$20,000,000 for each of fiscal years 2022 through (3) reduce costs for recipients;
‘‘(v) a knowing violation of a law or regula-
(4) create new streams of revenue for recipi-
2026. tion;
(c) GRANTS.—The Secretary may enter into ents;
‘‘(vi) gross mismanagement;
grants, contracts, and cooperative agreements (5) support the provision of zero emission pub-
‘‘(vii) a gross waste of funds;
with no more than three geographically diverse lic transportation service, which may include
‘‘(viii) an abuse of authority; or
nonprofit organizations and recipients under the use of wayside charging; and ‘‘(ix) inefficiency; and
chapter 53 of title 49, United States Code, to fa- (6) enhance the resilience of public transpor- ‘‘(2) the Code of Ethics for Members of the
cilitate the development and testing of commer- tation and the electric vehicle supply equipment WMATA Board of Directors passed on Sep-
cially viable advance technology transit buses network, which may include the use of batteries tember 26, 2019, remains in effect, or the Inspec-
and related infrastructure. for energy storage. tor General of the Transit Authority has con-
(d) CONSIDERATIONS.— (c) SECOND LIFE APPLICATIONS DEFINED.—In sulted with any modifications to the Code of
(1) IN GENERAL.—The Secretary shall consider this section, the term ‘‘second life applications’’ Ethics by the Board.
the applicant’s— means the repurposing, recycling, reuse, sale, or ‘‘(e) AUTHORIZATIONS.—
(A) ability to contribute significantly to fur- leasing of a transit vehicle battery that is be- ‘‘(1) IN GENERAL.—There are authorized to be
thering advanced technologies as it relates to yond the useful service life for the purpose of appropriated to the Secretary of Transportation
transit bus operations, including advanced driv- transit vehicle propulsion and component parts for grants under this section—
er assistance systems, automatic emergency of such battery, but that retains utility for other ‘‘(A) for fiscal year 2022, $150,000,000;
braking, accessibility, and energy efficiency; applications. ‘‘(B) for fiscal year 2023, $155,000,000;
(B) financing plan and cost share potential; Subtitle I—Other Program Reauthorizations ‘‘(C) for fiscal year 2024, $160,000,000;
(C) technical experience developing or testing SEC. 2901. REAUTHORIZATION FOR CAPITAL AND ‘‘(D) for fiscal year 2025, $165,000,000;
advanced technologies in transit buses; PREVENTIVE MAINTENANCE ‘‘(E) for fiscal year 2026, $170,000,000;
(D) commitment to frontline worker involve- PROJECTS FOR WASHINGTON MET- ‘‘(F) for fiscal year 2027, $175,000,000;
ment; and ROPOLITAN AREA TRANSIT AUTHOR- ‘‘(G) for fiscal year 2028, $180,000,000;
(E) other criteria that the Secretary deter- ITY. ‘‘(H) for fiscal year 2029, $185,000,000;
mines are necessary to carry out the program. Section 601 of the Passenger Rail Investment ‘‘(I) for fiscal year 2030, $190,000,000; and
(2) RULE OF CONSTRUCTION.—Nothing in this and Improvement Act of 2008 (Public Law 110– ‘‘(J) for fiscal year 2031, $200,000,000.
subsection may be construed to allow the Sec- 432) is amended— ‘‘(2) SET ASIDE FOR OFFICE OF INSPECTOR GEN-
retary to waive any requirement under any (1) in subsection (b) by striking ‘‘The Federal’’ ERAL OF TRANSIT AUTHORITY.—From the
other provision of Federal law. and inserting ‘‘Except as provided in subsection amounts in paragraph (1), the Transit Author-
(e) COMPETITIVE GRANT SELECTION.—The Sec- (e)(2), the Federal’’; ity shall provide at least 7 percent for each fis-
retary shall conduct a national solicitation for (2) by striking subsections (d) through (f) and cal year to the Office of Inspector General of the
applications for grants under the program. inserting the following: Transit Authority to carry out independent and
Grant recipients shall be selected on a competi- ‘‘(d) REQUIRED BOARD APPROVAL.—No objective audits, investigations, and reviews of
tive basis. The Secretary shall give priority con- amounts may be provided to the Transit Author- Transit Authority programs and operations to
sideration to applicants that have successfully ity under this section until the Transit Author- promote economy, efficiency, and effectiveness,
managed advanced transportation technology ity certifies to the Secretary of Transportation and to prevent and detect fraud, waste, and
projects, including projects related to public that— abuse in such programs and operations.’’; and
transportation operations for a period of not ‘‘(1) a board resolution has passed on or be- (3) by redesignating subsection (g) as sub-
less than 5 years. fore July 1, 2022, and is in effect for the period section (f).
(f) CONSORTIA.—As a condition of receiving an of July 1, 2022 through June 30, 2031, that— SEC. 2902. OTHER APPORTIONMENTS.
award in (c), the Secretary shall ensure— ‘‘(A) establishes an independent budget au- Section 5336 of title 49, United States Code, is
(1) that the selected non-profit recipients sub- thority for the Office of Inspector General of the amended—
sequently establish a consortia for each proposal Transit Authority; (1) in subsection (h)—
submitted, including representatives from a ‘‘(B) establishes an independent procurement (A) in the matter preceding paragraph (1) by
ctelli on DSK11ZRN23PROD with HOUSE
labor union, transit agency, an FTA-designated authority for the Office of Inspector General of striking ‘‘section 5338(a)(2)(C)’’ and inserting
university bus and component testing center, a the Transit Authority; ‘‘section 5338(a)(2)(B)’’;
Buy America compliant transit bus manufac- ‘‘(C) establishes an independent hiring au- (B) by amending paragraph (1) to read as fol-
turer, and others as determined by the Sec- thority for the Office of Inspector General of the lows:
retary; Transit Authority; ‘‘(1) to carry out section 5307(h)—
(2) that no proposal selected would decrease ‘‘(D) ensures the Inspector General of the ‘‘(A) $60,906,000 shall be set aside in fiscal
workplace or passenger safety; and Transit Authority can obtain legal advice from year 2023;
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3435
‘‘(B) $61,856,134 shall be set aside in fiscal and considerations in lieu of paragraphs (1) and ‘‘(B) Medium or higher rating.
year 2024; (2): ‘‘(C) Warrant.
‘‘(C) $62,845,832 shall be set aside in fiscal ‘‘(A) REQUIREMENTS.—In determining whether ‘‘(D) Letter of intent.
year 2025; and a project is supported by local financial commit- ‘‘(E) Early systems work agreement.’’; and
‘‘(D) $63,832,511 shall be set aside in fiscal ment and shows evidence of stable and depend- (E) in paragraph (7) by striking ‘‘the Federal
year 2026;’’; able financing sources for purposes of sub- Public Transportation Act of 2012’’ and insert-
(C) in paragraph (2) by striking ‘‘3.07 per- section (d)(2)(A)(iv) or (e)(2)(A)(v), the Sec- ing ‘‘the INVEST in America Act’’;
cent’’ and inserting ‘‘6 percent’’; and retary shall require that— (8) in subsection (h)—
(D) by amending paragraph (3) to read as fol- ‘‘(i) the proposed project plan provides for the (A) in paragraph (5) by inserting ‘‘, except
lows: availability of contingency amounts that the ap- that for a project for which a lower local cost
‘‘(3) of amounts not apportioned under para- plicant determines to be reasonable to cover un- share is elected under subsection (l)(1)(C), the
graphs (1) and (2), 3 percent shall be appor- anticipated cost increases or funding shortfalls; Secretary shall enter into a grant agreement
tioned to urbanized areas with populations of ‘‘(ii) each proposed local source of capital and under this subsection for any such project that
less than 200,000 in accordance with subsection operating financing is stable, reliable, and establishes contingency amounts that the appli-
(i);’’; and available within the proposed project timetable; cant determines to be reasonable to cover unan-
(2) in subsection (i) by adding at the end the and ticipated cost increases or funding shortfalls’’
following: ‘‘(iii) an applicant certifies that local re- before the period at the end; and
‘‘(3) CENSUS PHASE-OUT.—Before apportioning sources are available to recapitalize, maintain, (B) in paragraph (7)(C) by striking ‘‘10 days’’
funds under subsection (h)(3), for any urban- and operate the overall existing and proposed and inserting ‘‘3 days’’;
ized area that is no longer an eligible area due public transportation system, including essential (9) by striking subsection (i) and inserting the
to a change in population in the most recent de- feeder bus and other services necessary to following:
cennial census, the Secretary shall apportion to achieve the projected ridership levels without re- ‘‘(i) INTERRELATED PROJECTS.—
such urbanized area, for 3 fiscal years, an quiring a reduction in existing public transpor- ‘‘(1) RATINGS IMPROVEMENT.—The Secretary
amount equal to half of the funds apportioned tation services or level of service to operate the shall grant a rating increase of 1 level in mobil-
to such urbanized area pursuant to this sub- project, or that the annual operating cost of the ity improvements to any project being rated
section for the previous fiscal year.’’. proposed project does not exceed 5 percent of the under subsection (d), (e), or (h), if the Secretary
annual cost to operate and maintain the overall certifies that the project has a qualifying inter-
Subtitle J—Streamlining
public transportation system of the applicant. related project that meets the requirements of
SEC. 2911. FIXED GUIDEWAY CAPITAL INVEST- paragraph (2).
‘‘(B) CONSIDERATIONS.—In assessing the sta-
MENT GRANTS.
bility, reliability, and availability of proposed ‘‘(2) INTERRELATED PROJECT.—A qualifying
Section 5309 of title 49, United States Code, as interrelated project is a transit project that—
sources of local financing for purposes of sub-
amended by section 2703 of this Act, is further ‘‘(A) is adopted into the metropolitan trans-
section (d)(2)(A)(iv) or (e)(2)(A)(v), the Sec-
amended— portation plan required under section 5303;
retary shall consider—
(1) in subsection (a)— ‘‘(i) the reliability of the forecasting methods ‘‘(B) has received a class of action designation
(A) in paragraph (7)— used to estimate costs and revenues made by the under the National Environmental Policy Act of
(i) in subparagraph (A) by striking 1969 (42 U.S.C. 4321 et seq.);
recipient and the contractors to the recipient;
‘‘$100,000,000’’ and inserting ‘‘$320,000,000’’; and ‘‘(ii) existing grant commitments; ‘‘(C) will likely increase ridership on the
(ii) in subparagraph (B) by striking ‘‘(iii) any debt obligation that exists, or is pro- project being rated in subsection (d), (e), or (h),
‘‘$300,000,000’’ and inserting ‘‘$400,000,000’’; posed by the recipient, for the proposed project respectively, as determined by the Secretary;
(B) by striking paragraph (6); and or other public transportation purpose; and and
(C) by redesignating paragraph (7), as so ‘‘(iv) private contributions to the project, in- ‘‘(D) meets one of the following criteria:
amended, as paragraph (6); cluding cost-effective project delivery, manage- ‘‘(i) Extends the corridor of the project being
(2) in subsection (b)(2) by inserting ‘‘expand- ment or transfer of project risks, expedited rated in subsection (d), (e), or (h), respectively.
ing station capacity,’’ after ‘‘construction of project schedule, financial partnering, and ‘‘(ii) Provides a direct passenger transfer to
infill stations,’’; other public-private partnership strategies.’’. the project being rated in subsection (d), (e), or
(3) in subsection (d)(1)— (7) in subsection (g)— (h), respectively.’’;
(A) in subparagraph (C)(i) by striking ‘‘2 (A) in paragraph (2)(A) by striking ‘‘degree of (10) in subsection (k)—
years’’ and inserting ‘‘3 years’’; and local financial commitment’’ and inserting ‘‘cri- (A) in paragraph (2)(D) by adding at the end
(B) by adding at the end the following: teria in subsection (f)’’ each place it appears; the following:
‘‘(D) OPTIONAL PROJECT DEVELOPMENT ACTIVI- (B) in paragraph (3) by striking ‘‘The Sec- ‘‘(v) LOCAL FUNDING COMMITMENT.— For a
TIES.—An applicant may perform cost and retary shall,’’ and all that follows through ‘‘to project for which a lower CIG cost share is elect-
schedule risk assessments with technical assist- carry out this subsection.’’ and inserting the fol- ed by the applicant under subsection (l)(1)(C),
ance provided by the Secretary. lowing: ‘‘The Secretary shall— the Secretary shall enter into a full funding
‘‘(E) STATUTORY CONSTRUCTION.—Nothing in ‘‘(A) to the maximum extent practicable, de- grant agreement that has at least 75 percent of
this section shall be construed as authorizing velop and use special warrants for making a local financial commitment committed and the
the Secretary to require cost and schedule risk project justification determination under sub- remaining percentage budgeted for the proposed
assessments in the project development phase.’’; section (d)(2) or (e)(2), as applicable, for a purposes.’’; and
(4) in subsection (e)(1)— project proposed to be funded using a grant (B) in paragraph (5) by striking ‘‘30 days’’
(A) in subparagraph (C)(i) by striking ‘‘2 under this section if— and inserting ‘‘3 days’’;
years’’ and inserting ‘‘3 years’’; and ‘‘(i) the share of the cost of the project to be (11) in subsection (l)—
(B) by adding at the end the following: provided under this section— (A) in paragraph (1) by striking subparagraph
‘‘(D) OPTIONAL PROJECT DEVELOPMENT ACTIVI- ‘‘(I) does not exceed $500,000,000 and the total (B) and inserting the following:
TIES.—An applicant may perform cost and project cost does not exceed $1,000,000,000; or ‘‘(B) CAP.—Except as provided in subpara-
schedule risk assessments with technical assist- ‘‘(II) complies with subsection (l)(1)(C); graph (C), a grant for a project under this sec-
ance provided by the Secretary. ‘‘(ii) the applicant requests the use of the war- tion shall not exceed 80 percent of the net cap-
‘‘(E) STATUTORY CONSTRUCTION.—Nothing in rants; ital project cost, except that a grant for a core
this section shall be construed as authorizing ‘‘(iii) the applicant certifies that its existing capacity improvement project shall not exceed 80
the Secretary to require cost and schedule risk public transportation system is in a state of percent of the net capital project cost of the in-
assessments in the project development phase.’’; good repair; and cremental cost to increase the capacity in the
(5) in subsection (e)(2)(A)(iii)(II) by striking ‘‘(iv) the applicant meets any other require- corridor.
‘‘5 years’’ and inserting ‘‘10 years’’; ments that the Secretary considers appropriate ‘‘(C) APPLICANT ELECTION OF LOWER LOCAL
(6) in subsection (f)— to carry out this subsection; and’’; CIG COST SHARE.—An applicant may elect a
(A) in paragraph (1) by striking ‘‘subsection (C) by striking paragraph (5) and inserting lower local CIG cost share for a project under
(d)(2)(A)(v)’’ and inserting ‘‘subsection the following: this section for purposes of application of the
(d)(2)(A)(iv)’’; ‘‘(5) POLICY GUIDANCE.—The Secretary shall cost-share incentives under subsection (f)(3).
(B) in paragraph (2)— issue policy guidance on the review and evalua- Such cost share shall not exceed 60 percent of
(i) by striking ‘‘subsection (d)(2)(A)(v)’’ and tion process and criteria not later than 180 days the net capital project cost, except that for a
inserting ‘‘subsection (d)(2)(A)(iv)’’; after the date of enactment of the INVEST in grant for a core capacity improvement project
(ii) in subparagraph (D) by adding ‘‘and’’ at America Act.’’; such cost share shall not exceed 60 percent of
the end; (D) by striking paragraph (6) and inserting the net capital project cost of the incremental
(iii) by striking subparagraph (E); and the following: cost to increase the capacity in the corridor.’’;
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(iv) by redesignating subparagraph (F) as ‘‘(6) TRANSPARENCY.—Not later than 30 days (B) by striking paragraph (5) and inserting
subparagraph (E); and after the Secretary receives a written request the following:
(C) by adding at the end the following: from an applicant for all remaining information ‘‘(5) LIMITATION ON STATUTORY CONSTRUC-
‘‘(4) COST-SHARE INCENTIVES.—For a project necessary to obtain 1 or more of the following, TION.—Nothing in this section shall be con-
for which a lower CIG cost share is elected by the Secretary shall provide such information to strued as authorizing the Secretary to require,
the applicant under subsection (l)(1)(C), the the applicant: incentivize (in any manner not specified in this
Secretary shall apply the following requirements ‘‘(A) Project advancement. section), or place additional conditions upon a
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H3436 CONGRESSIONAL RECORD — HOUSE June 30, 2021
non-Federal financial commitment for a project life of such asset, the Secretary shall allow the ‘‘(III) title XVIII of the Social Security Act (42
that is more than 20 percent of the net capital recipient, or subrecipient, to use the proceeds at- U.S.C. 1395 et seq.);
project cost or, for a core capacity improvement tributable to the Federal share of such asset cal- ‘‘(IV) Veterans Health Administration; or
project, 20 percent of the net capital project cost culated under paragraph (3) for capital projects ‘‘(V) private health care facilities; and
of the incremental cost to increase the capacity under section 5307, 5310, or 5311. ‘‘(iv) such other projects as determined appro-
in the corridor.’’; and ‘‘(2) MINIMUM VALUE.—This subsection shall priate by the Secretary.
(C) by striking paragraph (8) and inserting only apply to assets with a current market ‘‘(E) CONSULTATION.—In evaluating the per-
the following: value, or proceeds from sale, of at least $5,000. formance metrics described in subparagraph (C),
‘‘(8) CONTINGENCY SHARE.—The Secretary ‘‘(3) CALCULATION OF FEDERAL SHARE ATTRIB- the Secretary shall consult with the Secretary of
shall provide funding for the contingency UTABLE.—The proceeds attributable to the Fed- Health and Human Services.
amount equal to the proportion of the CIG cost eral share of an asset described in paragraph (1) ‘‘(2) INCENTIVE GRANTS.—
share. If the Secretary increases the contin- shall be calculated by multiplying— ‘‘(A) IN GENERAL.—The Secretary may make
gency amount after a project has received a let- ‘‘(A) the current market value of, or the pro- grants under this paragraph to eligible recipi-
ter of no prejudice or been allocated appro- ceeds from the disposition of, such asset; by ents to incentivize innovative projects for the
priated funds, the federal share of the addi- ‘‘(B) the Federal share percentage for the ac- transportation disadvantaged that improve the
tional contingency amount shall be 25 percent quisition of such asset at the time of acquisition coordination of transportation services and non-
higher than the original proportion the CIG cost of such asset.’’. emergency medical transportation services.
share and in addition to the grant amount set in SEC. 2914. INNOVATIVE COORDINATED ACCESS ‘‘(B) SELECTION OF GRANT RECIPIENTS.—The
subsection (k)(2)(C)(ii).’’; AND MOBILITY. Secretary shall distribute grant funds made
(12) in subsection (o) by adding at the end the Section 5310 of title 49, United States Code, as available to carry out this paragraph as de-
following: amended by section 2205, is further amended by scribed in subparagraph (E) to eligible recipients
‘‘(4) CIG PROGRAM DASHBOARD.—Not later adding at the end the following: that apply and propose to demonstrate improve-
than the fifth day of each month, the Secretary ‘‘(k) INNOVATIVE COORDINATED ACCESS AND ment in the metrics described in subparagraph
shall make publicly available on a website data MOBILITY.— (F).
on, including the status of, each project under ‘‘(1) START UP GRANTS.— ‘‘(C) ELIGIBILITY.—An eligible recipient shall
this section that is in the project development ‘‘(A) IN GENERAL.—The Secretary may make not be required to have received a grant under
phase, in the engineering phase, or has received grants under this paragraph to eligible recipi- paragraph (1) to be eligible to receive a grant
a grant agreement and remains under construc- ents to assist in financing innovative projects under this paragraph.
tion. Such data shall include, for each project— for the transportation disadvantaged that im- ‘‘(D) APPLICATIONS.—Eligible recipients shall
‘‘(A) the amount and fiscal year of any fund- prove the coordination of transportation serv- submit to the Secretary an application that in-
ing appropriated, allocated, or obligated for the ices and non-emergency medical transportation cludes—
project; services. ‘‘(i) which metrics under subparagraph (F)
‘‘(B) the date on which the project— ‘‘(B) APPLICATION.—An eligible recipient shall the eligible recipient intends to improve;
‘‘(i) entered the project development phase; submit to the Secretary an application that, at ‘‘(ii) the performance data eligible recipients
‘‘(ii) entered the engineering phase, if applica- a minimum, contains— and the Federal, State, nonprofit, and private
ble; and ‘‘(i) a detailed description of the eligible partners, as described in paragraph (1)(B)(ii), of
‘‘(iii) received a grant agreement, if applica- project; the eligible recipient will make available; and
ble; and ‘‘(ii) an identification of all eligible project ‘‘(iii) a proposed incentive formula that makes
‘‘(C) the status of review by the Federal Tran- partners and the specific role of each eligible payments to the eligible recipient based on the
sit Administration and the Secretary, including project partner in the eligible project, includ- proposed data and metrics.
dates of request, dates of acceptance of request, ing— ‘‘(E) DISTRIBUTION.—The Secretary shall dis-
and dates of a decision for each of the fol- ‘‘(I) private entities engaged in the coordina- tribute funds made available to carry out this
lowing, if applicable: tion of nonemergency medical transportation paragraph based upon the number of grant ap-
‘‘(i) A letter of no prejudice. services for the transportation disadvantaged; plications approved by the Secretary, number of
‘‘(ii) An environmental impact statement no- ‘‘(II) nonprofit entities engaged in the coordi- individuals served by each grant, and the incen-
tice of intent. nation of nonemergency medical transportation tive formulas approved by the Secretary using
‘‘(iii) A finding of no significant environ- services for the transportation disadvantaged; the following metrics:
mental impact. or ‘‘(i) The reduced transportation expenditures
‘‘(iv) A draft environmental impact statement. ‘‘(III) Federal and State entities engaged in as a result of improved coordination.
the coordination of nonemergency medical ‘‘(ii) The reduced Federal and State
‘‘(v) A final environmental impact statement.
transportation services for the transportation healthcare expenditures using the metrics de-
‘‘(vi) A record of decision on the final envi-
disadvantaged; and scribed in subparagraph (F).
ronmental impact statement.
‘‘(iii) a description of how the eligible project ‘‘(iii) The reduced private healthcare expendi-
‘‘(vii) The status of the applicant in securing
shall— tures using the metrics described in subpara-
the non-Federal match, based on information
‘‘(I) improve local coordination or access to graph (F).
provided by the applicant, including the amount
coordinated transportation services; ‘‘(F) HEALTHCARE METRICS.—Healthcare
committed, budgeted, planned, and undeter-
‘‘(II) reduce duplication of service, if applica- metrics described in this subparagraph shall
mined.’’; and
ble; and be—
(13) by striking ‘‘an acceptable degree of’’ and
‘‘(III) provide innovative solutions in the ‘‘(i) reducing missed medical appointments;
inserting ‘‘a’’ each place it appears.
State or community. ‘‘(ii) the timely discharge of patients from hos-
SEC. 2912. RURAL AND SMALL URBAN APPOR- ‘‘(C) PERFORMANCE MEASURES.—An eligible re- pitals;
TIONMENT DEADLINE.
cipient shall specify, in an application for a ‘‘(iii) preventing hospital admissions and re-
Section 5336(d) of title 49, United States Code, grant under this paragraph, the performance ducing readmissions of patients into hospitals;
is amended— measures the eligible project, in coordination and
(1) by redesignating paragraph (2) as para- with project partners, will use to quantify ac- ‘‘(iv) other measureable healthcare metrics, as
graph (3); tual outcomes against expected outcomes, in- determined appropriate by the Secretary, in con-
(2) in paragraph (1) by striking ‘‘and’’ at the cluding— sultation with the Secretary of Health and
end; and ‘‘(i) changes to transportation expenditures as Human Services.
(3) by inserting after paragraph (1) the fol- a result of improved coordination; ‘‘(G) ELIGIBLE EXPENDITURES.—The Secretary
lowing: ‘‘(ii) changes to healthcare expenditures pro- shall allow the funds distributed by this grant
‘‘(2) notwithstanding paragraph (1), appor- vided by projects partners as a result of im- program to be expended on eligible activities de-
tion amounts to the States appropriated under proved coordination; and scribed in paragraph (1)(D) and any eligible ac-
section 5338(a)(2) to carry out sections 5307, ‘‘(iii) changes to health care metrics, includ- tivity under this section that is likely to improve
5310, and 5311 not later than December 15 for ing aggregate health outcomes provided by the metrics described in subparagraph (F).
which any amounts are appropriated; and’’. projects partners. ‘‘(H) RECIPIENT CAP.—The Secretary—
SEC. 2913. DISPOSITION OF ASSETS BEYOND USE- ‘‘(D) ELIGIBLE USES.—Eligible recipients re- ‘‘(i) may not provide more than 20 grants
FUL LIFE. ceiving a grant under this section may use such under this paragraph; and
Section 5334 of title 49, United States Code, is funds for— ‘‘(ii) shall reduce the maximum number of
further amended by adding at the end the fol- ‘‘(i) the deployment of coordination tech- grants under this paragraph to ensure projects
lowing: nology; are fully funded, if necessary.
‘‘(l) DISPOSITION OF ASSETS BEYOND USEFUL ‘‘(ii) projects that create or increase access to ‘‘(I) CONSULTATION.—In evaluating the health
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LIFE.— community One-Call/One-Click Centers; care metrics described in subparagraph (F), the
‘‘(1) IN GENERAL.—If a recipient, or sub- ‘‘(iii) projects that coordinate transportation Secretary shall consult with the Secretary of
recipient, for assistance under this chapter dis- for 3 or more of— Health and Human Services.
poses of an asset with a current market value, ‘‘(I) public transportation provided under this ‘‘(J) ANNUAL GRANTEE REPORT.—Each grantee
or proceed from the sale of such asset, acquired section; shall submit a report, in coordination with the
under this chapter at least in part with such as- ‘‘(II) a State plan approved under title XIX of project partners of such grantee, that includes
sistance, after such asset has reached the useful the Social Security Act (42 U.S.C. 1396 et seq.); an evaluation of the outcomes of the grant
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3437
awarded to such grantee, including the perform- which the project improves transportation op- (A) $182,495,000 for fiscal year 2023;
ance measures. tions to economically distressed areas,’’ after (B) $184,795,000 for fiscal year 2024;
‘‘(3) REPORT.—The Secretary shall make pub- ‘‘public transportation’’. (C) $187,795,000 for fiscal year 2025; and
licly available an annual report on the program SEC. 2917. BEST PRACTICES FOR THE APPLICA- (D) $190,695,000 for fiscal year 2026.
carried out under this subsection for each fiscal TION OF NATIONAL ENVIRON- (3) NATIONAL PRIORITY SAFETY PROGRAMS.—
year, not later than December 31 of the calendar MENTAL POLICY ACT OF 1969 TO For carrying out section 405 of title 23, United
year in which that fiscal year ends. The report FEDERALLY FUNDED BUS SHELTERS. States Code—
shall include a detailed description of the activi- Not later than 1 year after the date of enact- (A) $384,119,000 for fiscal year 2023;
ties carried out under the program, and an eval- ment of this Act, the Secretary of Transpor- (B) $393,205,000 for fiscal year 2024;
uation of the program, including an evaluation tation shall issue best practices on the applica- (C) $402,205,000 for fiscal year 2025; and
of the performance measures used by eligible re- tion of the National Environmental Policy Act (D) $411,388,000 for fiscal year 2026.
cipients in consultation with the Secretary of of 1969 (42 U.S.C. 4321 et seq.) to federally fund- (4) NATIONAL DRIVER REGISTER.—For the Na-
Health and Human Services. ed bus shelters to assist recipients of Federal tional Highway Traffic Safety Administration to
‘‘(4) FEDERAL SHARE.— funds in receiving exclusions permitted by law. carry out chapter 303 of title 49, United States
‘‘(A) IN GENERAL.—The Federal share of the SEC. 2918. CAPITAL INVESTMENT GRANT STREAM- Code—
costs of a project carried out under this sub- LINING. (A) $5,700,000 for fiscal year 2023;
section shall not exceed 80 percent. (a) IN GENERAL.—Section 3005(b) of the FAST (B) $5,800,000 for fiscal year 2024;
‘‘(B) NON-FEDERAL SHARE.—The non-Federal Act (Public Law 116–94) is repealed. (C) $5,900,000 for fiscal year 2025; and
share of the costs of a project carried out under (b) GRANDFATHER CLAUSES.—For any projects (D) $6,000,000 for fiscal year 2026.
this subsection may be derived from in-kind con- that have submitted an application or are being (5) HIGH-VISIBILITY ENFORCEMENT PROGRAM.—
tributions. evaluated under the program described in sec- For carrying out section 404 of title 23, United
‘‘(5) RULE OF CONSTRUCTION.—For purposes of tion 3005(b) of such Act prior to the date of en- States Code—
this subsection, nonemergency medical transpor- actment of this Act, the Secretary shall— (A) $60,200,000 for fiscal year 2023;
tation services shall be limited to services eligible (1) continue to administer the project under (B) $60,600,000 for fiscal year 2024;
under Federal programs other than programs the terms of such section as it existed on the day (C) $60,800,000 for fiscal year 2025; and
authorized under this chapter.’’. prior to the date of enactment of this Act; and (D) $61,200,000 for fiscal year 2026.
SEC. 2915. PASSENGER FERRY GRANTS. (2) for purposes of providing Federal assist- (6) ADMINISTRATIVE EXPENSES.—For adminis-
Section 5307(h) of title 49, United States Code, ance to such project (and notwithstanding any trative and related operating expenses of the
is amended by adding at the end the following other provision of law), provide such funds as National Highway Traffic Safety Administra-
paragraph: may be necessary from the amounts provided in tion in carrying out chapter 4 of title 23, United
‘‘(4) ZERO-EMISSION OR REDUCED-EMISSION section 5338(b) of title 49, United States Code, States Code—
GRANTS.— and division A of this Act. (A) $30,586,000 for fiscal year 2023;
‘‘(A) DEFINITIONS.—In this paragraph— (B) $31,000,000 for fiscal year 2024;
SEC. 2919. DISPOSITION OF ROLLING STOCK TO
‘‘(i) the term ‘eligible project’ means a project IMPROVE AIR QUALITY GOALS. (C) $31,500,000 for fiscal year 2025; and
or program of projects in an area eligible for a (D) $31,917,000 for fiscal year 2026.
Section 5334 of title 49, United States Code, is
grant under subsection (a) for— (7) CENTER FOR FAIR AND EQUITABLE TRAFFIC
‘‘(I) acquiring zero- or reduced-emission pas- further amended by adding at the end the fol-
SAFETY ENFORCEMENT.—For carrying out section
senger ferries; lowing:
3003 of this title, $35,000,000 for each of fiscal
‘‘(II) leasing zero- or reduced-emission pas- ‘‘(m) DISPOSITION OF ROLLING STOCK TO MEET
years 2023 through 2026.
senger ferries; AIR QUALITY GOALS.—
(b) PROHIBITION ON OTHER USES.—Except as
‘‘(III) constructing facilities and related ‘‘(1) IN GENERAL.—If a recipient, or sub-
otherwise provided in chapter 4 of title 23,
equipment for zero- or reduced-emission pas- recipient, for assistance under this chapter dis-
United States Code, and chapter 303 of title 49,
senger ferries; poses of rolling stock with a current market
United States Code, the amounts made available
‘‘(IV) leasing facilities and related equipment value, or proceeds from the disposition of such
from the Highway Trust Fund (other than the
for zero- or reduced-emission passenger ferries; rolling stock, acquired under this chapter at
Mass Transit Account) for a program under
‘‘(V) constructing new public transportation least in part with such assistance, before such
such chapters—
facilities to accommodate zero- or reduced-emis- rolling stock has reached its useful life, the Sec-
(1) shall only be used to carry out such pro-
sion passenger ferries; retary may allow the recipient, or subrecipient,
gram; and
‘‘(VI) constructing shoreside ferry charging to use the proceeds attributable to the Federal
(2) may not be used by States or local govern-
infrastructure for zero- or reduced-emission pas- share of such rolling stock calculated under
ments for construction purposes.
senger ferries; or paragraph (3) for capital projects under section
(c) APPLICABILITY OF TITLE 23.—Except as
‘‘(VII) rehabilitating or improving existing 5307, 5310, or 5311 without need for repayment of
otherwise provided in chapter 4 of title 23,
public transportation facilities to accommodate the Federal financial interest.
United States Code, and chapter 303 of title 49,
zero- or reduced-emission passenger ferries; ‘‘(2) COVERED ROLLING STOCK.—This sub-
United States Code, amounts made available
‘‘(ii) the term ‘zero- or reduced-emission pas- section shall only apply to rolling stock disposed
under subsection (a) for fiscal years 2023
senger ferry’ means a passenger ferry used to of—
through 2026 shall be available for obligation in
provide public transportation that reduces emis- ‘‘(A) which are replaced by rolling stock that
the same manner as if such funds were appor-
sions by utilizing onboard energy storage sys- will help improve attainment of air quality goals
tioned under chapter 1 of title 23, United States
tems for hybrid-electric or 100 percent electric compared to the rolling stock being replaced;
Code.
propulsion, related charging infrastructure, and and
(d) REGULATORY AUTHORITY.—Grants award-
other technologies deployed to reduce emissions ‘‘(B) for which the recipient is located in an
ed under chapter 4 of title 23, United States
or produce zero onboard emissions under normal area that is designated as a nonattainment area
Code, including any amendments made by this
operation; and for particulate matter under section 107(d) of
title, shall be carried out in accordance with
‘‘(iii) the term ‘recipient’ means a designated the Clean Air Act (42 U.S.C. 7407(d)).
regulations issued by the Secretary of Transpor-
recipient, a local government authority, or a ‘‘(3) CALCULATION OF FEDERAL SHARE ATTRIB-
tation.
State that receives a grant under subsection (a). UTABLE.—The proceeds attributable to the Fed-
‘‘(B) GENERAL AUTHORITY.—The Secretary (e) STATE MATCHING REQUIREMENTS.—If a
eral share of rolling stock described in para-
may make grants to recipients to finance eligible grant awarded under chapter 4 of title 23,
graph (1) shall be calculated by multiplying—
projects under this paragraph. United States Code, requires a State to share in
‘‘(A) the current market value of, or the pro-
‘‘(C) GRANT REQUIREMENTS.—A grant under the cost, the aggregate of all expenditures for
ceeds from the disposition of, such asset; and
this paragraph shall be subject to the same highway safety activities made during a fiscal
‘‘(B) the Federal share percentage for the ac-
terms and conditions as a grant under sub- year by the State and its political subdivisions
quisition of such asset at the time of acquisition
section (a). (exclusive of Federal funds) for carrying out the
of such asset.’’.
‘‘(D) COMPETITIVE PROCESS.—The Secretary grant (other than planning and administration)
TITLE III—HIGHWAY TRAFFIC SAFETY shall be available for the purpose of crediting
shall solicit grant applications and make grants
for eligible projects under this paragraph on a SEC. 3001. AUTHORIZATION OF APPROPRIATIONS. the State during such fiscal year for the non-
competitive basis. (a) IN GENERAL.—The following sums are au- Federal share of the cost of any other project
‘‘(E) GOVERNMENT SHARE OF COSTS.— thorized to be appropriated out of the Highway carried out under chapter 4 of title 23, United
‘‘(i) IN GENERAL.—The Federal share of the Trust Fund (other than the Mass Transit Ac- States Code (other than planning or administra-
cost of an eligible project carried out under this count): tion), without regard to whether such expendi-
paragraph shall not exceed 80 percent. (1) HIGHWAY SAFETY PROGRAMS.—For carrying tures were made in connection with such
‘‘(ii) NON-FEDERAL SHARE.—The non-Federal out section 402 of title 23, United States Code— project.
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share of the cost of an eligible project carried (A) $378,400,000 for fiscal year 2023; (f) GRANT APPLICATION AND DEADLINE.—To
out under this subsection may be derived from (B) $382,400,000 for fiscal year 2024; receive a grant under chapter 4 of title 23,
in-kind contributions.’’. (C) $386,500,000 for fiscal year 2025; and United States Code, a State shall submit an ap-
SEC. 2916. EVALUATION OF BENEFITS AND FED- (D) $390,400,000 for fiscal year 2026. plication, and the Secretary of Transportation
ERAL INVESTMENT. (2) HIGHWAY SAFETY RESEARCH AND DEVELOP- shall establish a single deadline for such appli-
Section 5309(h)(4) of title 49, United States MENT.—For carrying out section 403 of title 23, cations to enable the award of grants early in
Code, is amended by inserting ‘‘, the extent to United States Code— the next fiscal year.
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H3438 CONGRESSIONAL RECORD — HOUSE June 30, 2021
SEC. 3002. HIGHWAY SAFETY PROGRAMS. an eligible nonprofit institution of higher edu- hicle stop made by a law enforcement officer on
Section 402 of title 23, United States Code, is cation with demonstrated expertise in promoting a Federal-aid highway in the State regarding
amended— fair and equitable traffic safety enforcement to the race and ethnicity of the driver; or
(1) in subsection (a) by adding at the end the establish and operate a national center of excel- ‘‘(B) provides assurances satisfactory to the
following: lence for fair and equitable traffic safety en- Secretary that the State is undertaking activi-
‘‘(3) ADDITIONAL CONSIDERATIONS.—States forcement (in this section referred to as the ties to comply with the requirements of subpara-
which have legalized medicinal or recreational ‘‘Center’’). graph (A).
marijuana shall consider programs in addition (b) PURPOSE.—The purpose of the Center shall ‘‘(2) USE OF GRANT FUNDS.—A grant received
to the programs described in paragraph (2)(A) to be to promote fair and equitable traffic safety by a State under paragraph (1) shall be used by
educate drivers on the risks associated with enforcement with the goal of reducing traffic fa- the State for the costs of—
marijuana-impaired driving and to reduce inju- talities and injuries. ‘‘(A) collecting and maintaining data on traf-
ries and deaths resulting from individuals driv- (c) ROLE OF CENTER.—The role of the Center fic stops;
ing motor vehicles while impaired by mari- shall be to establish and operate a national fair ‘‘(B) evaluating the results of such data; and
juana.’’; and equitable traffic safety enforcement clear- ‘‘(C) developing and implementing programs
(2) in subsection (c)— inghouse to— to reduce the occurrence of racial profiling.
(A) by redesignating paragraphs (2), (3), and (1) develop data collection systems to promote ‘‘(3) LIMITATIONS.—The total amount of
(4) as paragraphs (3), (4), and (5), respectively; fair and equitable traffic safety enforcement so- grants made to a State under this section in a
(B) by inserting after paragraph (1) the fol- lutions, including assisting States participating fiscal year may not exceed—
lowing: in the program established under section 403(j) ‘‘(A) 10 percent of the amount made available
‘‘(2) ADDITIONAL USES.—In addition to uses of title 23, United States Code, (as added by this to carry out this section in the fiscal year for
authorized under paragraph (1) and as ap- Act) share data collected to a national database; States eligible under paragraph (1)(A); and
proved by the Secretary, States may use funds (2) develop recommendations for States to im- ‘‘(B) 5 percent of the amount made available
under this section to— prove data collection on law enforcement pro- to carry out this section in the fiscal year for
‘‘(A) educate the public on the dangers of pe- grams carried out under sections 402 and 405 of States eligible under paragraph (1)(B).
diatric vehicular hyperthermia; this title in order to promote fair and equitable ‘‘(4) FUNDING.—From funds made available
‘‘(B) purchase and distribute child restraints traffic safety enforcement programs; under this section, the Secretary shall set aside
to low-income families; and (3) provide technical assistance to States on $15,000,000 for each fiscal year to carry out this
‘‘(C) reduce injuries and deaths resulting from the implementation of the program established subsection.’’.
drivers of motor vehicles not moving to another under section 403(j) of title 23, United States SEC. 3006. NATIONAL SAFETY CAMPAIGNS.
traffic lane or reducing the speed of such driv- Code, as added by this Act; (a) IN GENERAL.—Section 404 of title 23,
er’s vehicle when passing an emergency, law en- (4) research and disseminate best practices for United States Code, is amended to read as fol-
forcement, or other vehicle stopped or parked on implementing equitable traffic safety enforce- lows:
or near the roadway.’’. ment programs; and ‘‘§ 404. National safety campaigns
(C) in paragraph (5), as so redesignated)— (5) develop information and educational pro- ‘‘(a) IN GENERAL.—The Secretary shall estab-
(i) by striking subparagraph (C); grams on implementing equitable traffic safety lish and administer a program under which not
(ii) by redesignating subparagraph (B) as sub- enforcement best practices. less than 3 high-visibility enforcement cam-
paragraph (D); and (d) CONSULTATION.—In carrying out the ac- paigns and not less than 3 public awareness
(iii) by inserting after subparagraph (A) the tivities under paragraphs (4) and (5) of sub- campaigns will be carried out in each of fiscal
following: section (c), the Center shall consult with rel- years 2023 through 2026.
‘‘(B) SPECIAL RULE FOR SCHOOL AND WORK evant stakeholders, including— ‘‘(b) HIGH-VISIBILITY ENFORCEMENT.—In car-
ZONES.—Notwithstanding subparagraph (A), a (1) civil rights organizations; rying out the requirements under paragraph (a),
State may expend funds apportioned to that (2) traffic safety advocacy groups; the Secretary shall ensure that in each fiscal
State under this section to carry out a program (3) law enforcement representatives; year not less than 1 high-visibility enforcement
to purchase, operate, or maintain an automated (4) State highway safety offices; and campaign is carried out to—
traffic system in a work zone or school zone. (5) such other surface transportation stake- ‘‘(1) reduce alcohol-impaired operation of a
‘‘(C) AUTOMATED TRAFFIC ENFORCEMENT SYS- holders and industry experts as the Center con- motor vehicle;
TEM GUIDELINES.—Any automated traffic en- siders appropriate. ‘‘(2) reduce alcohol-impaired and drug-im-
forcement system installed pursuant to subpara- (e) REPORT TO CONGRESS.—Not later than 2 paired operation of a motor vehicle; and
graph (B) shall comply with speed enforcement years after the establishment of the Center ‘‘(3) increase use of seatbelts by occupants of
camera systems and red light camera systems under subsection (a), the Secretary shall submit motor vehicles.
guidelines established by the Secretary.’’; and to the Committee on Transportation and Infra- ‘‘(c) PUBLIC AWARENESS.—The purpose of
(3) in subsection (n)— structure of the House of Representatives and each public awareness campaign carried out
(A) by striking ‘‘PUBLIC TRANSPARENCY’’ and the Committee on Environment and Public under this section shall be to achieve outcomes
all that follows through ‘‘The Secretary’’ and Works of the Senate a report on progress made related to not less than 1 of the following objec-
inserting the following: ‘‘PUBLIC TRANS- toward meeting the goals established under sub- tives:
PARENCY.— section (b). ‘‘(1) Increase the proper use of seatbelts and
‘‘(1) IN GENERAL.—The Secretary’’; and SEC. 3004. HIGHWAY SAFETY RESEARCH AND DE- child restraints by occupants of motor vehicles.
(B) by adding at the end the following: VELOPMENT. ‘‘(2) Reduce instances of distracted driving.
‘‘(2) STATE HIGHWAY SAFETY PLAN WEBSITE.— Section 403 of title 23, United States Code, is ‘‘(3) Reduce instances of speeding by drivers.
‘‘(A) IN GENERAL.—In carrying out the re- amended— ‘‘(d) ADVERTISING.—The Secretary may use, or
quirements of paragraph (1), the Secretary shall (1) in subsection (b) by inserting ‘‘, training,’’ authorize the use of, funds available to carry
establish a public website that is easily acces- after ‘‘demonstration projects’’; out this section to pay for the development, pro-
sible, navigable, and searchable for the informa- (2) in subsection (f)(1)— duction, and use of broadcast and print media
tion required under paragraph (1), in order to (A) by striking ‘‘$2,500,000’’ and inserting advertising and Internet-based outreach in car-
foster greater transparency in approved State ‘‘$3,500,000’’; and rying out campaigns under this section. In allo-
highway safety programs. (B) by striking ‘‘subsection 402(c) in each fis- cating such funds, consideration shall be given
‘‘(B) CONTENTS.—The website established cal year ending before October 1, 2015, and to advertising directed at non-English speaking
under subparagraph (A) shall— $443,989 of the total amount available for appor- populations, including those who listen to, read,
‘‘(i) include each State highway safety plan tionment to the States for highway safety pro- or watch nontraditional media.
and annual report submitted and approved by grams under section 402(c) in the period begin- ‘‘(e) COORDINATION WITH STATES.—The Sec-
the Secretary under subsection (k); ning on October 1, 2015, and ending on Decem- retary shall coordinate with States in carrying
‘‘(ii) provide a means for the public to search ber 4, 2015,’’ and inserting ‘‘section 402(c)(2) in out the high-visibility enforcement campaigns
such website for State highway safety program each fiscal year’’; and under this section, including advertising funded
content required in subsection (k), including— (3) by striking subsection (h) and redesig- under subsection (d), with consideration given
‘‘(I) performance measures required by the nating subsections (i) and (j) as subsections (h) to—
Secretary under paragraph (3)(A); and (i), respectively. ‘‘(1) relying on States to provide law enforce-
‘‘(II) progress made toward meeting the SEC. 3005. GRANT PROGRAM TO PROHIBIT RACIAL ment resources for the campaigns out of funding
State’s performance targets for the previous PROFILING. made available under sections 402 and 405; and
year; Section 403 of title 23, United States Code, as ‘‘(2) providing, out of National Highway Traf-
‘‘(III) program areas and expenditures; and amended by section 3004 of this Act, is further fic Safety Administration resources, most of the
‘‘(IV) a description of any sources of funds amended by adding at the end the following: means necessary for national advertising and
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other than funds provided under this section ‘‘(j) GRANT PROGRAM TO PROHIBIT RACIAL education efforts associated with the campaigns.
that the State proposes to use to carry out the PROFILING.— ‘‘(f) COORDINATION OF DYNAMIC HIGHWAY
State highway safety plan of such State.’’. ‘‘(1) GENERAL AUTHORITY.—Subject to the re- MESSAGE SIGNS.—During national high-visi-
SEC. 3003. FAIR AND EQUITABLE TRAFFIC SAFETY quirements of this subsection, the Secretary bility enforcement emphasis periods supported
ENFORCEMENT. shall make grants to a State that— by these funds, the Federal Highway Adminis-
(a) IN GENERAL.—The Secretary of Transpor- ‘‘(A) is maintaining and allows public inspec- tration and the National Highway Traffic Safe-
tation shall make grants under this section to tion of statistical information for each motor ve- ty Administration shall coordinate with State
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3439
departments of transportation on the use of dy- (ii) by inserting ‘‘The remaining 10 percent of an emergency to contact emergency services or
namic highway message signs to support high- such funds shall be used to carry out subsection to prevent injury to persons or property’’;
visibility national emphasis activities. (A)(v).’’ after ‘‘section 402.’’; (iii) in subparagraph (C) by striking ‘‘; and’’
‘‘(g) USE OF FUNDS.—Funds made available to (4) by striking subsection (c)(4) and inserting and inserting a semicolon;
carry out this section may be used only for ac- the following: (iv) by redesignating subparagraph (D) as
tivities described in subsections (c) and (d). ‘‘(4) USE OF GRANT AMOUNTS.—Grant funds subparagraph (E); and
‘‘(h) DEFINITION.—In this section: received by a State under this subsection shall (v) by inserting after subparagraph (C) the
‘‘(1) CAMPAIGN.—The term ‘campaign’ means be used for— following:
a high-visibility traffic safety law enforcement ‘‘(A) making data program improvements to ‘‘(D) a driver who uses a personal wireless
campaign or a traffic safety public awareness core highway safety databases related to quan- communication device for navigation; and’’;
(C) in paragraph (5)(A)(i) by striking ‘‘texting
campaign. tifiable, measurable progress in any of the 6 sig-
or using a cell phone while’’ and inserting ‘‘dis-
‘‘(2) DYNAMIC HIGHWAY.—The term ‘dynamic nificant data program attributes set forth in
tracted’’;
highway message sign’ means a traffic control paragraph (3)(D); (D) in paragraph (7) by striking ‘‘Of the
device that is capable of displaying one or more ‘‘(B) developing or acquiring information
amounts’’ and inserting ‘‘In addition to the
alternative messages which convey information technology for programs to identify, collect, and
amounts authorized under section 404 and of
to travelers. report data to State and local government agen- the amounts’’;
‘‘(3) STATE.—The ‘State’ has the meaning cies, and enter data, including crash, citation (E) in paragraph (9)—
given that term in section 401.’’. and adjudication, driver, emergency medical (i) by striking subparagraph (B) and inserting
(b) CLERICAL AMENDMENT.—The item relating services or injury surveillance system, roadway, the following:
to section 404 in the analysis for chapter 4 of and vehicle, into the core highway safety data- ‘‘(B) PERSONAL WIRELESS COMMUNICATIONS
title 23, United States Code, is amended to read bases of a State; DEVICE.—The term ‘personal wireless commu-
as follows: ‘‘(C) purchasing equipment used to identify, nications device’ means—
‘‘404. National safety campaigns.’’. collect, and report State safety data to support ‘‘(i) until the date on which the Secretary
State efforts to improve State traffic safety in- issues a regulation pursuant to paragraph
SEC. 3007. NATIONAL PRIORITY SAFETY PRO-
GRAMS. formation systems; (8)(A), a device through which personal services
‘‘(D) linking core highway safety databases of (as such term is defined in section 332(c)(7)(C)(i)
(a) IN GENERAL.—Section 405 of title 23,
a State with such databases of other States; of the Communications Act of 1934 (47 U.S.C.
United States Code, is amended—
‘‘(E) improving the compatibility and inter- 332(c)(7)(C)(i)) are transmitted, but not includ-
(1) in subsection (a)—
operability of the core highway safety databases ing the use of such a device as a global naviga-
(A) in paragraph (1) by striking ‘‘13 percent’’
of the State with national data systems and tion system receiver used for positioning, emer-
and inserting ‘‘12.85 percent’’;
data systems of other States; gency notification, or navigation purposes; and
(B) in paragraph (2) by striking ‘‘14.5 per- ‘‘(ii) on and after the date on which the Sec-
‘‘(F) costs associated with training State and
cent’’ and inserting ‘‘14.3 percent’’; retary issues a regulation pursuant to para-
local personnel on ways to improve State traffic
(C) in paragraph (3) by striking ‘‘52.5 per- graph (8)(A), the definition described in such
safety information systems;
cent’’ and inserting ‘‘51.75 percent’’; ‘‘(G) hiring a Fatality Analysis Reporting regulation.’’; and
(D) in paragraph (4) by striking ‘‘8.5 percent’’ System liaison for a State; and (ii) by striking subparagraph (E) and insert-
and inserting ‘‘8.3 percent’’; ‘‘(H) conducting research on State traffic ing the following:
(E) in paragraph (6) by striking ‘‘5 percent’’ safety information systems, including devel- ‘‘(E) TEXTING.—The term ‘texting’ means—
and inserting ‘‘4.9 percent’’; oping and evaluating programs to improve core ‘‘(i) until the date on which the Secretary
(F) in paragraph (7) by striking ‘‘5 percent’’ highway safety databases of such State and issues a regulation pursuant to paragraph
and inserting ‘‘4.9 percent’’; processes by which data is identified, collected, (8)(A), reading from or manually entering data
(G) in paragraph (8)— reported to State and local government agencies, into a personal wireless communications device,
(i) by striking ‘‘paragraphs (1) through (7)’’ and entered into such core safety databases.’’; including doing so for the purpose of SMS
and inserting ‘‘paragraphs (1) through (8)’’; (5) by striking subsection (d)(6)(A) and insert- texting, emailing, instant messaging, or engag-
(ii) by striking ‘‘subsections (b) through (h)’’ ing the following: ing in any other form of electronic data retrieval
and inserting ‘‘subsections (b) through (i)’’; and ‘‘(A) GRANTS TO STATES WITH ALCOHOL-IGNI- or electronic data communication; and
(iii) by inserting ‘‘to carry out any of the TION INTERLOCK LAWS.—The Secretary shall ‘‘(ii) on and after the date on which the Sec-
other activities described in such subsections, or make a separate grant under this subsection to retary issues a regulation pursuant to para-
the amount made available’’ before ‘‘under sec- each State that— graph (8)(A), the definition described in such
tion 402’’; ‘‘(i) adopts and is enforcing a mandatory al- regulation.’’;
(H) in paragraph (9)(A) by striking ‘‘date of cohol-ignition interlock law for all individuals (F) by striking paragraphs (2), (3), (6), and
enactment of the FAST Act’’ and inserting at the time of, or prior to, a conviction of driv- (8);
‘‘date of enactment of the INVEST in America (G) by redesignating paragraphs (4) and (5) as
ing under the influence of alcohol or of driving
Act’’; paragraphs (5) and (6), respectively;
while intoxicated;
(I) by redesignating paragraphs (8), (9), and (H) by inserting after paragraph (1) the fol-
‘‘(ii) does not allow any individual required to
(10) as paragraphs (9), (10), and (11), respec- lowing:
have an ignition interlock for driving privileges ‘‘(2) ALLOCATION.—
tively; and to drive a motor vehicle unless such individual ‘‘(A) IN GENERAL.—Subject to subparagraphs
(J) by inserting after paragraph (7) the fol- installs an ignition interlock for a minimum 180- (B), (C), and (D), the allocation of grant funds
lowing: day interlock period; or to a State under this subsection for a fiscal year
‘‘(8) DRIVER AND OFFICER SAFETY EDU- ‘‘(iii) has— shall be in proportion to the State’s apportion-
CATION.—In each fiscal year, 1.5 percent of the ‘‘(I) enacted and is enforcing a state law re- ment under section 402 for fiscal year 2009.
funds provided under this section shall be allo- quiring all individuals convicted of, or whose ‘‘(B) PRIMARY OFFENSE LAWS.—A State that
cated among States that meet the requirements driving privilege is revoked or denied for, refus- has enacted and is enforcing a law that meets
with respect to driver and officer safety edu- ing to submit to a chemical or other test for the the requirements set forth in paragraphs (3) and
cation (as described in subsection (i)).’’; purpose of determining the presence or con- (4) as a primary offense shall be allocated 100
(2) in subsection (c)(3)(E) by striking ‘‘5’’ and centration of any intoxicating substance to in- percent of the amount calculated under sub-
inserting ‘‘10’’; stall an ignition interlock for a minimum 180- paragraph (A).
(3) in subsection (b)(4)— day interlock period unless the driver success- ‘‘(C) SECONDARY OFFENSE LAWS.—A State that
(A) in subparagraph (A) by striking clause (v) fully completes an appeal process; and has enacted and is enforcing a law that meets
and inserting the following: ‘‘(II) a compliance-based removal program in the requirements set forth in paragraphs (3) and
‘‘(v) implement programs in low-income and which an individual required to install an igni- (4) as a secondary offense shall be allocated 50
underserved populations to— tion interlock for a minimum 180-day interlock percent of the amount calculated under sub-
‘‘(I) recruit and train occupant protection period and have completed a minimum consecu- paragraph (A).
safety professionals, nationally certified child tive period of not less than 60 days of the re- ‘‘(D) TEXTING WHILE DRIVING.—Notwith-
passenger safety technicians, police officers, fire quired interlock period immediately preceding standing subparagraphs (B) and (C), a State
and emergency medical personnel, and edu- the date of release, without a confirmed viola- shall be allocated 25 percent of the amount cal-
cators serving low-income and underserved pop- tion, as defined by State law or regulations, of culated under subparagraph (A) if such State
ulations; driving under the influence of alcohol or driving has enacted and is enforcing a law that pro-
‘‘(II) educate parents and caregivers in low- while intoxicated.’’; hibits a driver from viewing a personal wireless
income and underserved populations about the (6) in subsection (e)— communication device, except for the purpose of
proper use and installation of child safety seats; (A) in paragraph (1) by striking ‘‘paragraphs navigation.
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and (2) and (3)’’ and inserting ‘‘paragraph (2)’’; ‘‘(3) PROHIBITION ON HANDHELD PERSONAL
‘‘(III) purchase and distribute child safety (B) in paragraph (4)— WIRELESS COMMUNICATION DEVICE USE WHILE
seats to low-income and underserved popu- (i) by striking ‘‘paragraph (2) or (3)’’ and in- DRIVING.—A State law meets the requirements
lations; and’’; and serting ‘‘paragraph (3) or (4)’’; set forth in this paragraph if the law—
(B) in subparagraph (B)— (ii) in subparagraph (A) by striking ‘‘commu- ‘‘(A) prohibits a driver from holding or using,
(i) by striking ‘‘100 percent’’ and inserting ‘‘90 nications device to contact emergency services’’ including texting, a personal wireless commu-
percent’’; and and inserting ‘‘communications device during nications device while driving, except for the
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H3440 CONGRESSIONAL RECORD — HOUSE June 30, 2021
use of a personal wireless communications de- younger than 18 years of age to comply with a ‘‘(ii) the value of the use of pedestrian and bi-
vice— 2-stage graduated driver licensing process before cycle safety equipment, including lighting, con-
‘‘(i) in a hands-free manner or with a hands- receiving an unrestricted driver’s license that spicuity equipment, mirrors, helmets and other
free accessory; or includes— protective equipment, and compliance with any
‘‘(ii) to activate or deactivate a feature or ‘‘(i) a learner’s permit stage that— State or local laws requiring their use;
function of the personal wireless communica- ‘‘(I) is at least 180 days in duration; ‘‘(iii) State traffic laws applicable to pedes-
tions device; ‘‘(II) requires that the driver be accompanied trian and bicycle safety, including motorists’ re-
‘‘(B) establishes a fine for a violation of the and supervised at all times; and sponsibilities towards pedestrians and bicyclists;
law; and ‘‘(III) has a requirement that the driver obtain and
‘‘(C) does not provide for an exemption that at least 50 hours of behind-the-wheel training, ‘‘(iv) infrastructure designed to improve pe-
specifically allows a driver to hold or use a per- with at least 10 hours at night, with a super- destrian and bicycle safety; and
sonal wireless communication device while visor; and ‘‘(D) data analysis and research concerning
stopped in traffic. ‘‘(ii) an intermediate stage that— pedestrian and bicycle safety.’’; and
‘‘(4) PROHIBITION ON PERSONAL WIRELESS COM- ‘‘(I) commences immediately after the expira- (9) by adding at the end the following:
MUNICATION DEVICE USE WHILE DRIVING OR tion of the learner’s permit stage; ‘‘(i) DRIVER AND OFFICER SAFETY EDU-
STOPPED IN TRAFFIC.—A State law meets the re- ‘‘(II) is at least 180 days in duration; and CATION.—
quirements set forth in this paragraph if the ‘‘(III) for the first 180 days of the intermediate ‘‘(1) GENERAL AUTHORITY.—Subject to the re-
law— stage, restricts the driver from— quirements under this subsection, the Secretary
‘‘(A) prohibits a driver from holding or using ‘‘(aa) driving at night between the hours of shall award grants to—
a personal wireless communications device while 10:00 p.m. and at least 4:00 a.m. except— ‘‘(A) States that enact a commuter safety edu-
driving if the driver is— ‘‘(AA) when a parent, guardian, driving in- cation program; and
‘‘(i) younger than 18 years of age; or structor, or licensed driver who is at least 21 ‘‘(B) States qualifying under paragraph
‘‘(ii) in the learner’s permit or intermediate li- years of age is in the motor vehicle; and (5)(A).
cense stage described in subparagraph (A) or (B) ‘‘(BB) when driving to and from work, school ‘‘(2) FEDERAL SHARE.—The Federal share of
of subsection (g)(2); and school-related activities, religious activities, the costs of activities carried out using amounts
‘‘(B) establishes a fine for a violation of the for emergencies, or as a member of voluntary from a grant awarded under this subsection may
law; and emergency service; and not exceed 80 percent.
‘‘(C) does not provide for an exemption that ‘‘(bb) operating a motor vehicle with any non- ‘‘(3) ELIGIBILITY.—To be eligible for a grant
specifically allows a driver to use a personal familial passenger younger than 18 years of age, under this subsection, a State shall enact a law
wireless communication device while stopped in except when a parent, guardian, driving in- or adopt a program that requires the following:
traffic.’’; and structor, or licensed driver who is at least 21 ‘‘(A) DRIVER EDUCATION AND DRIVING SAFETY
(I) by inserting after paragraph (7) the fol- years of age is in the motor vehicle.’’; COURSES.—Inclusion, in driver education and
lowing: (C) in paragraph (3)— driver safety courses provided to individuals by
‘‘(8) RULEMAKING.—Not later than 1 year after (i) in subparagraph (A) by inserting ‘‘sub- educational and motor vehicle agencies of the
the date of enactment of this paragraph, the paragraphs (A) and (B) of’’ before ‘‘paragraph State, of instruction and testing concerning law
Secretary shall issue such regulations as are (2)’’; and enforcement practices during traffic stops, in-
necessary to account for diverse State ap- (ii) in subparagraph (B) by inserting ‘‘sub- cluding information on—
proaches to combating distracted driving that— paragraphs (A) and (B) of’’ before ‘‘paragraph ‘‘(i) the role of law enforcement and the duties
‘‘(A) defines the terms personal wireless com- (2)’’ each place such term appears; and responsibilities of peace officers;
munications device and texting for the purposes (D) in paragraph (4) by striking ‘‘such fiscal ‘‘(ii) an individual’s legal rights concerning
of this subsection; and year’’ and inserting ‘‘fiscal year 2009’’; and interactions with peace officers;
‘‘(B) determines additional permitted excep- (E) by striking paragraph (5) and inserting ‘‘(iii) best practices for civilians and peace of-
tions that are appropriate for a State law that the following: ficers during such interactions;
meets the requirements under paragraph (3) or ‘‘(5) USE OF FUNDS.— ‘‘(iv) the consequences for an individual’s or
(4).’’; ‘‘(A) TIER 1 STATES.—A Tier 1 State shall use officer’s failure to comply with those laws and
(7) in subsection (g)— grant funds provided under this subsection for— programs; and
(A) in paragraph (1) by inserting ‘‘subpara- ‘‘(i) enforcing a 2-stage licensing process that ‘‘(v) how and where to file a complaint
graphs (A) and (B) of’’ before ‘‘paragraph (2)’’; complies with paragraph (2); against or a compliment on behalf of a peace of-
(B) by striking paragraph (2) and inserting ‘‘(ii) training for law enforcement personnel ficer.
the following: and other relevant State agency personnel relat- ‘‘(B) PEACE OFFICER TRAINING PROGRAMS.—
‘‘(2) MINIMUM REQUIREMENTS.— ing to the enforcement described in clause (i); Development and implementation of a training
‘‘(A) TIER 1 STATE.—A State shall be eligible ‘‘(iii) publishing relevant educational mate- program, including instruction and testing ma-
for a grant under this subsection as a Tier 1 rials that pertain directly or indirectly to the terials, for peace officers and reserve law en-
State if such State requires novice drivers State graduated driver licensing law; forcement officers (other than officers who have
younger than 18 years of age to comply with a ‘‘(iv) carrying out other administrative activi- received training in a civilian course described
2-stage graduated driver licensing process before ties that the Secretary considers relevant to the in subparagraph (A)) with respect to proper
receiving an unrestricted driver’s license that State’s 2-stage licensing process; or interaction with civilians during traffic stops.
includes— ‘‘(v) carrying out a teen traffic safety program ‘‘(4) GRANT AMOUNT.—The allocation of grant
‘‘(i) a learner’s permit stage that— described in section 402(m). funds to a State under this subsection for a fis-
‘‘(I) is at least 180 days in duration; ‘‘(B) TIER 2 STATES .—Of the grant funds cal year shall be in proportion to the State’s ap-
‘‘(II) requires that the driver be accompanied made available to a Tier 2 State under this sub- portionment under section 402 for fiscal year
and supervised at all times; and section— 2009.
‘‘(III) has a requirement that the driver obtain ‘‘(i) 25 percent shall be used for any activity ‘‘(5) SPECIAL RULE FOR CERTAIN STATES.—
at least 40 hours of behind-the-wheel training described in subparagraph (A); and ‘‘(A) QUALIFYING STATE.—A State qualifies
with a supervisor; and ‘‘(ii) 75 percent may be used for any project or pursuant to this subparagraph if—
‘‘(ii) an intermediate stage that— activity eligible under section 402.’’; ‘‘(i) the Secretary determines such State has
‘‘(I) commences immediately after the expira- (8) by amending subsection (h)(4) to read as taken meaningful steps toward the full imple-
tion of the learner’s permit stage; follows: mentation of a law or program described in
‘‘(II) is at least 180 days in duration; and ‘‘(4) USE OF GRANT AMOUNTS.—Grant funds paragraph (3);
‘‘(III) for the first 180 days of the intermediate received by a State under this subsection may be ‘‘(ii) the Secretary determines such State has
stage, restricts the driver from— used for the safety of pedestrians and bicyclists, established a timetable for the implementation of
‘‘(aa) driving at night between the hours of including— such a law or program; and
11:00 p.m. and at least 4:00 a.m. except— ‘‘(A) training of law enforcement officials on ‘‘(iii) such State has received a grant pursu-
‘‘(AA) when a parent, guardian, driving in- pedestrian and bicycle safety, State laws appli- ant to this subsection for a period of not more
structor, or licensed driver who is at least 21 cable to pedestrian and bicycle safety, and in- than 5 years.
years of age is in the motor vehicle; and frastructure designed to improve pedestrian and ‘‘(B) WITHHOLDING.—With respect to a State
‘‘(BB) when driving to and from work, school bicycle safety; that qualifies pursuant to subparagraph (A),
and school-related activities, religious activities, ‘‘(B) carrying out a program to support en- the Secretary shall—
for emergencies, or as a member of voluntary forcement mobilizations and campaigns designed ‘‘(i) withhold 50 percent of the amount that
emergency service; and to enforce State traffic laws applicable to pedes- such State would otherwise receive if such State
‘‘(bb) operating a motor vehicle with more trian and bicycle safety; were a State described in paragraph (1)(A); and
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than 1 nonfamilial passenger younger than 18 ‘‘(C) public education and awareness pro- ‘‘(ii) direct any such amounts for distribution
years of age, except when a parent, guardian, grams designed to inform motorists, pedestrians, among the States that are enforcing and car-
driving instructor, or licensed driver who is at and bicyclists about— rying out a law or program described in para-
least 21 years of age is in the motor vehicle. ‘‘(i) pedestrian and bicycle safety, including graph (3).
‘‘(B) TIER 2 STATE.—A State shall be eligible information on nonmotorized mobility and the ‘‘(6) USE OF GRANT AMOUNTS.—A State receiv-
for a grant under this subsection as a Tier 2 important of speed management to the safety of ing a grant under this subsection may use such
State if such State requires novice drivers pedestrians and bicyclists; grant—
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3441
‘‘(A) for the production of educational mate- (3) by adding at the end the following: resignation until a successor has been ap-
rials and training of staff for driver education ‘‘(3) otherwise profile and stop motorcycle op- pointed. A vacancy in the Council shall be filled
and driving safety courses and peace officer erators or motorcycle passengers using as a fac- in the manner in which the original appoint-
training described in paragraph (3); and tor the clothing or mode of transportation of ment was made.
‘‘(B) for the implementation of the law de- such operators or passengers.’’. (3) COMPENSATION.—Members shall serve
scribed in paragraph (3).’’. SEC. 3012. ELECTRONIC DRIVER’S LICENSE. without compensation.
(b) CONFORMING AMENDMENT.—Sections 402, (a) REAL ID ACT.—Section 202(a)(1) of the (e) TERMINATION.—The Council shall termi-
403, and 405 of title 23, United States Code, are REAL ID Act of 2005 (49 U.S.C. 30301 note) is nate 6 years after the date of its establishment.
amended— amended by striking ‘‘a driver’s license or iden- (f) DUTIES OF THE SECRETARY.—
(1) by striking ‘‘accidents’’ and inserting tification card’’ and inserting ‘‘a physical or (1) ACCEPT OR REJECT RECOMMENDATION.—
‘‘crashes’’ each place it appears; and digital driver’s license or identification card’’. (A) SECRETARY DETERMINES.—The Secretary
(2) by striking ‘‘accident’’ and inserting (b) TITLE 18.—Section 1028(d)(7)(A) of title 18, shall determine whether to accept or reject a
‘‘crash’’ each place it appears. United States Code, is amended by striking recommendation contained in a Council report.
SEC. 3008. MINIMUM PENALTIES FOR REPEAT OF- ‘‘government issued driver’s license’’ and insert- (B) TIMING.—
FENDERS FOR DRIVING WHILE IN- (i) MUST ACCEPT OR REJECT.—The Secretary
TOXICATED OR DRIVING UNDER THE
ing ‘‘government issued physical or digital driv-
er’s license’’. must indicate in each report submitted under
INFLUENCE.
SEC. 3013. MOTORCYCLIST ADVISORY COUNCIL. this section the Secretary’s acceptance or rejec-
Section 164(b)(1) of title 23, United States tion of each recommendation listed in such re-
Code, is amended— (a) SHORT TITLE.—This section may be cited
as the ‘‘Motorcyclist Advisory Council Reau- port.
(1) in subparagraph (A) by striking ‘‘alcohol-
thorization Act’’. (ii) EXCEPTION.—The Secretary may indicate
impaired’’ and inserting ‘‘alcohol or
(b) ESTABLISHMENT.—Not later than 90 days in a report submitted under this section that a
polysubstance-impaired’’; and
after the date of enactment of this Act, the Sec- recommendation is under consideration. If the
(2) in subparagraph (B)—
retary of Transportation shall establish a Mo- Secretary does so, the Secretary must accept or
(A) by striking ‘‘alcohol-impaired’’ and insert-
torcyclist Advisory Council (in this section re- reject the recommendation in the next report
ing ‘‘alcohol or polysubstance-impaired’’;
(B) by striking ‘‘or’’ and inserting a comma; ferred to as the ‘‘Council’’). submitted under this section.
and (c) DUTIES.— (2) REPORT.—
(C) by inserting ‘‘, or driving while (1) ADVISING.—The Council shall advise the (A) IN GENERAL.—Not later than 60 days after
polysubstance-impaired’’ after ‘‘driving under Secretary, the Administrator of the National the Secretary receives a Council report, the Sec-
the influence’’. Highway Traffic Safety Administration, and the retary shall submit a report to the following
Administrator of the Federal Highway Adminis- committees and subcommittees:
SEC. 3009. NATIONAL PRIORITY SAFETY PRO-
GRAM GRANT ELIGIBILITY. tration on transportation issues of concern to (i) The Committee on Transportation and In-
motorcyclists, including— frastructure of the House of Representatives.
Section 4010(2) of the FAST Act (23 U.S.C. 405
(A) barrier design; (ii) The Committee on Environment and Pub-
note) is amended by striking ‘‘deficiencies’’ and
(B) road design, construction, and mainte- lic Works of the Senate.
inserting ‘‘all deficiencies’’.
nance practices; and (iii) The Committee on Commerce, Science,
SEC. 3010. IMPLICIT BIAS RESEARCH AND TRAIN-
ING GRANTS. (C) the architecture and implementation of in- and Transportation of the Senate.
telligent transportation system technologies. (iv) The Subcommittee on Transportation, and
(a) IN GENERAL.—The Secretary of Transpor-
(2) BIENNIAL COUNCIL REPORT.— Housing and Urban Development, and Related
tation shall make grants to institutions of high-
(A) IN GENERAL.—The Council shall submit a Agencies of the Committee on Appropriations of
er education (as such term is defined in section
report to the Secretary containing the Council’s the House of Representatives.
101 of the Higher Education Act of 1965 (20
recommendations regarding the issues described (v) The Subcommittee on Transportation, and
U.S.C. 1001)) to carry out research, develop-
in paragraph (1) on which the Council provides Housing and Urban Development, and Related
ment, technology transfer, and training activi-
advice pursuant to such paragraph. Agencies of the Committee on Appropriations of
ties in the operation or establishment of an im-
(B) TIMING.—Not later than October 31 of the the Senate.
plicit bias training program as it relates to ra-
calendar year following the calendar year in (B) CONTENTS.—A report submitted under this
cial profiling at traffic stops.
which the Council is established, and by every subsection shall include—
(b) QUALIFICATIONS.—To be eligible for a
2nd October 31 thereafter, the Council shall sub- (i) a list containing—
grant under this section, an institution of high-
mit the report required under this paragraph. (I) each recommendation contained in the
er education shall—
(1) have an active research program or dem- (d) MEMBERSHIP.— Council report described in paragraph (1); and
onstrate, to the satisfaction of the Secretary, (1) IN GENERAL.—The Council shall be com- (II) each recommendation indicated as under
that the applicant is beginning a research pro- prised of 12 members appointed by the Secretary consideration in the previous report submitted
gram to study implicit bias as it relates to racial as follows: under this subsection; and
profiling before and during traffic stops; and (A) Five experts from State or local govern- (ii) for each such recommendation, whether it
(2) partner with State and local police depart- ment on highway engineering issues, includ- is accepted, rejected, or under consideration by
ments to conduct the research described in para- ing— the Secretary.
graph (1) and carry out the implementation of (i) barrier design; (3) ADMINISTRATIVE AND TECHNICAL SUP-
(ii) road design, construction, and mainte- PORT.—The Secretary shall provide such admin-
implicit bias training with State and local police
departments. nance; or istrative support, staff, and technical assistance
(c) REPORT.—No later than 1 year after a (iii) intelligent transportation systems. to the Council as the Secretary determines to be
grant has been awarded under this section, the (B) One State or local traffic and safety engi- necessary for the Council to carry out its duties.
institution of higher education awarded the neer, design engineer, or other transportation (g) DEFINITIONS.—In this section:
grant shall submit to the Committee on Trans- department official who is a motorcyclist. (1) COUNCIL REPORT.—The term ‘‘Council re-
portation and Infrastructure of the House of (C) One representative from a national asso- port’’ means the report described in subsection
Representatives and the Committee on Com- ciation of State transportation officials. (f)(2).
merce, Science, and Transportation of the Sen- (D) One representative from a national motor- (2) SECRETARY.—The term ‘‘Secretary’’ means
ate a report summarizing the research on im- cyclist association. the Secretary of Transportation.
plicit bias as it relates to racial profiling before (E) One representative from a national motor- SEC. 3014. REPORT ON MARIJUANA RESEARCH.
and during traffic stops, and recommendations cyclist foundation. (a) IN GENERAL.—Not later than 2 years after
on effective interventions and trainings. (F) One representative from a national motor- the date of enactment of this Act, the Secretary
(d) AUTHORIZATION OF APPROPRIATIONS.— cycle manufacturing association. of Transportation, in consultation with the At-
There are authorized to be appropriated (G) One roadway safety data expert on crash torney General and the Secretary of Health and
$20,000,000 for each fiscal year to carry out this testing and analysis. Human Services, shall submit to the Committee
section. (H) One member of a national safety organi- on Transportation and Infrastructure of the
(e) DEFINITIONS.—In this section, the term zation that represents the traffic safety systems House of Representatives and the Committee on
‘‘implicit bias training program’’ means a pro- industry. Commerce, Science, and Transportation of the
gram that looks at the attitudes, stereotypes, (2) DURATION.— Senate, and make publicly available on the De-
and lenses human beings develop through var- (A) TERM.—Subject to subparagraphs (B) and partment of Transportation website, a report
ious experiences in life that can unconsciously (C), each member shall serve one term of 2 years. and recommendations on—
affect how they interact with one another. (B) ADDITIONAL TERMS.—If a successor is not (1) increasing and improving access, for sci-
SEC. 3011. STOP MOTORCYCLE CHECKPOINT designated for a member before the expiration of entific researchers studying impairment while
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FUNDING. the term the member is serving, the member may driving under the influence of marijuana, to
Section 4007 of the FAST Act (23 U.S.C. 153 serve another term. samples and strains of marijuana and products
note) is amended— (C) APPOINTMENT OF REPLACEMENTS.—If a containing marijuana lawfully being offered to
(1) in paragraph (1) by striking ‘‘or’’ at the member resigns before serving a full 2-year term, patients or consumers in a State on a retail
end; the Secretary may appoint a replacement for basis;
(2) in paragraph (2) by striking the period at such member to serve the remaining portion (2) establishing a national clearinghouse to
the end and inserting ‘‘; or’’; and such term. A member may continue to serve after collect and distribute samples and strains of
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H3442 CONGRESSIONAL RECORD — HOUSE June 30, 2021
marijuana for scientific research that includes (1) a priority should be placed on creating (ii) in the first sentence, by striking ‘‘Low-
marijuana and products containing marijuana State systems, programs, and processes that im- range’’ and inserting the following:
lawfully available to patients or consumers in a prove impaired driving detection in cases in ‘‘(i) LOW-RANGE STATES.—Subject to clause
State on a retail basis; which alcohol, drugs, and especially multiple (iii), low-range’’; and
(3) facilitating access, for scientific research- substances are involved; (iii) by adding at the end the following:
ers located in States that have not legalized (2) States and communities should have access ‘‘(iii) ALL STATES.—
marijuana for medical or recreational use, to to a broader range of countermeasures, tech- ‘‘(I) REPORTING OF IMPAIRED DRIVING CRIMI-
nologies, and resources to address multiple sub- NAL JUSTICE INFORMATION.—A State may use
samples and strains of marijuana and products
containing marijuana from such clearinghouse stance impaired driving; and grant funds for any expenditure designed to in-
for purposes of research on marijuana-impaired (3) increased Federal funding should be made crease the timely and accurate reporting of
driving; and available for efforts to improve public safety crash information, including electronic crash re-
(4) identifying Federal statutory and regu- through the approaches described in paragraphs porting systems that allow accurate real-time or
latory barriers to the conduct of scientific re- (1) and (2). near real-time uploading of crash information,
search and the establishment of a national (b) PURPOSE.—The purpose of this section is and impaired driving criminal justice informa-
clearinghouse for purposes of facilitating re- to increase national investment in, and maxi- tion to Federal, State, and local databases.
mize the use of, innovative programs and tech- ‘‘(II) IMPAIRED DRIVING COUNTERMEASURES.—
search on marijuana-impaired driving.
nologies to eliminate multiple substance im- A State may use grant funds for any expendi-
(b) DEFINITION OF MARIJUANA.—In this sec-
paired driving. ture to research or evaluate impaired driving
tion, the term ‘‘marijuana’’ has the meaning
(c) IMPAIRED DRIVING COUNTERMEASURES.— countermeasures.’’; and
given such term in section 4008 of the FAST Act
Section 405(d) of title 23, United States Code, is (2) in paragraph (7)(A), in the matter pre-
(Public Law 114–94).
amended— ceding clause (i), by inserting ‘‘or local’’ after
SEC. 3015. COMPTROLLER GENERAL STUDY ON ‘‘authorizes a State’’.
NATIONAL DUI REPORTING. (1) in paragraph (4)—
(A) in subparagraph (B)— TITLE IV—MOTOR CARRIER SAFETY
(a) IN GENERAL.—The Comptroller General of
the United States shall conduct a study on the (i) by striking clause (iii) and inserting the Subtitle A—Motor Carrier Safety Grants,
reporting of alcohol-impaired driving arrest and following: Operations, and Programs
‘‘(iii)(I) court support of high-visibility en- SEC. 4101. MOTOR CARRIER SAFETY GRANTS.
citation results into Federal databases to facili-
forcement efforts; (a) IN GENERAL.—Section 31104 of title 49,
tate the widespread identification of repeat im-
‘‘(II) hiring criminal justice professionals, in- United States Code, is amended—
paired driving offenders.
cluding law enforcement officers, prosecutors, (1) by striking subsection (a) and inserting the
(b) INCLUSIONS.—The study conducted under
traffic safety resource prosecutors, judges, judi- following:
subsection (a) shall include a detailed assess-
cial outreach liaisons, and probation officers; ‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.—The
ment of—
‘‘(III) training and education of the criminal following sums are authorized to be appro-
(1) the extent to which State and local crimi-
justice professionals described in subclause (II) priated from the Highway Trust Fund (other
nal justice agencies are reporting alcohol-im-
to assist those professionals in preventing im- than the Mass Transit Account):
paired driving arrest and citation results into
paired driving and handling impaired driving ‘‘(1) MOTOR CARRIER SAFETY ASSISTANCE PRO-
Federal databases;
cases, including by providing compensation to a GRAM.—Subject to paragraph (2) and subsection
(2) barriers on the Federal, State, and local
law enforcement officer to replace a law en- (c), to carry out section 31102 (except subsection
levels to the reporting of alcohol-impaired driv-
forcement officer who is— (l))—
ing arrest and citation results into Federal data- ‘‘(aa) receiving such drug recognition expert ‘‘(A) $388,950,000 for fiscal year 2023;
bases, as well as barriers to the use of those sys- training; or ‘‘(B) $398,700,000 for fiscal year 2024;
tems by criminal justice agencies; ‘‘(bb) participating as an instructor in such ‘‘(C) $408,900,000 for fiscal year 2025; and
(3) Federal, State, and local resources avail- drug recognition expert training; and ‘‘(D) $418,425,000 for fiscal year 2026.
able to improve the reporting of alcohol-im- ‘‘(IV) establishing driving while intoxicated ‘‘(2) HIGH-PRIORITY ACTIVITIES PROGRAM.—
paired driving arrest and citation results into courts;’’; Subject to subsection (c), to carry out section
Federal databases; (ii) by striking clauses (v) and (vi) and insert- 31102(l)—
(4) recommendations for policies and programs ing the following: ‘‘(A) $72,604,000 for fiscal year 2023;
to be carried out by the National Highway Traf- ‘‘(v) improving— ‘‘(B) $74,424,000 for fiscal year 2024;
fic Safety Administration; and ‘‘(I) blood alcohol concentration screening ‘‘(C) $76,328,000 for fiscal year 2025; and
(5) recommendations for programs and grant ‘‘(D) $78,106,000 for fiscal year 2026.
and testing;
funding to be authorized by Congress. ‘‘(3) COMMERCIAL MOTOR VEHICLE OPERATORS
‘‘(II) the detection of potentially impairing
(c) REPORT.—Not later than 1 year after the GRANT PROGRAM.—To carry out section 31103—
drugs, including through the use of oral fluid as ‘‘(A) $1,037,200 for fiscal year 2023;
date of enactment of this Act, the Comptroller a specimen; and ‘‘(B) $1,063,200 for fiscal year 2024;
General of the United States shall submit to the ‘‘(III) reporting relating to the testing and de- ‘‘(C) $1,090,400 for fiscal year 2025; and
appropriate committees of Congress a report on tection described in subclauses (I) and (II); ‘‘(D) $1,115,800 for fiscal year 2026.
the results of the study conducted under sub- ‘‘(vi)(I) paid and earned media in support of ‘‘(4) COMMERCIAL DRIVER’S LICENSE PROGRAM
section (a). high-visibility enforcement efforts; IMPLEMENTATION PROGRAM.—Subject to sub-
SEC. 3016. REPORT ON IMPAIRED DRIVING. ‘‘(II) conducting initial and continuing— section (c), to carry out section 31313—
Not later than 2 years after the date of enact- ‘‘(aa) standardized field sobriety training, ad- ‘‘(A) $56,008,800 for fiscal year 2023;
ment of this Act, the Secretary of Transpor- vanced roadside impaired driving enforcement ‘‘(B) $57,412,800 for fiscal year 2024;
tation, in consultation with the heads of appro- training, and drug recognition expert training ‘‘(C) $58,881,600 for fiscal year 2025; and
priate Federal agencies, State highway safety for law enforcement; and ‘‘(D) $60,253,200 for fiscal year 2026.’’;
offices, State toxicologists, traffic safety advo- ‘‘(bb) law enforcement phlebotomy training; (2) by striking subsection (c) and inserting the
cates, and other interested parties, shall submit and following:
‘‘(III) to purchase equipment to carry out im- ‘‘(c) PARTNER TRAINING AND PROGRAM SUP-
to the Committee on Commerce, Science, and
paired driving enforcement activities authorized PORT.—
Transportation of the Senate and the Committee ‘‘(1) IN GENERAL.—On October 1 of each fiscal
on Transportation and Infrastructure of the by this subsection;’’;
(iii) in clause (ix), by striking ‘‘and’’ at the year, or as soon after that date as practicable,
House of Representatives a report that, using the Secretary may deduct from amounts made
the National Safety Council model guidelines for end;
(iv) in clause (x), by striking the period at the available under paragraphs (1), (2), and (4) of
toxicology testing— subsection (a) for that fiscal year not more than
(1) identifies any barriers that States encoun- end and inserting ‘‘; and’’; and
(v) by adding at the end the following: 1.8 percent of those amounts for partner train-
ter in submitting the alcohol and drug toxi- ing and program support in that fiscal year.
‘‘(xi) testing and implementing programs and
cology results to the Fatality Analysis Report- ‘‘(2) USE OF FUNDS.—The Secretary shall use
purchasing technologies to better identify, mon-
ing System; at least 50 percent of the amounts deducted
itor, or treat impaired drivers, including—
(2) provides recommendations on how to ad- ‘‘(I) oral fluid screening technologies; under paragraph (1) on training and related
dress any barriers identified under paragraph ‘‘(II) electronic warrant programs; training materials for non-Federal Government
(1); ‘‘(III) equipment to increase the scope, quan- employees.
(3) provides further steps that the Secretary, tity, quality, and timeliness of forensic toxi- ‘‘(3) PARTNERSHIP.—The Secretary shall carry
acting through the Administrator of the Na- cology chemical testing; out the training and development of materials
tional Highway Traffic Safety Administration, ‘‘(IV) case management software to support pursuant to paragraph (2) in partnership with
shall take to assist States in improving— the management of impaired driving offenders; one or more nonprofit organizations, through a
(A) toxicology testing in cases of motor vehicle and competitive grant, that have—
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crashes; and ‘‘(V) technology to monitor impaired driving ‘‘(A) expertise in conducting a training pro-
(B) the reporting of alcohol and drug toxi- offenders.’’; and gram for non-Federal Government employees;
cology results in cases of motor vehicle crashes. (B) in subparagraph (C)— and
SEC. 3017. IMPAIRED DRIVING COUNTER- (i) in the second sentence, by striking ‘‘Me- ‘‘(B) a demonstrated ability to involve in a
MEASURE. dium-range’’ and inserting the following: training program the target population of com-
(a) SENSE OF CONGRESS.—It is the sense of ‘‘(ii) MEDIUM-RANGE AND HIGH-RANGE mercial motor vehicle safety enforcement em-
Congress that— STATES.—Subject to clause (iii), medium-range’’; ployees.’’;
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June 30, 2021 CONGRESSIONAL RECORD — HOUSE H3443
(3) in subsection (f)— (C) under the FAST Act (Public Law 114–94), (3) Driver employment characteristics, includ-
(A) in paragraph (1) by striking ‘‘the next fis- that has not been published in the Federal Reg- ing the basis of compensation and classification.
cal year’’ and inserting ‘‘the following 2 fiscal ister, if required, or otherwise completed as of (4) How training, medical fitness, hours on
years’’; the date of enactment of this Act; and duty, and safety of drivers is evaluated and
(B) in paragraph (2)— (D) under any other Act enacted before the overseen by companies, including prevention of
(i) by striking ‘‘section 31102(l)(2)’’ and insert- date of enactment of this Act that has not been occupational injuries and illnesses.
ing ‘‘paragraphs (2) and (4) of section 31102(l)’’; published in the Federal Register by the date re- (5) Safety performance metrics, based on data
(ii) by striking ‘‘the next 2 fiscal years’’ and quired in such Act. associated with the included entities, including
inserting ‘‘the following 3 fiscal years’’; and SEC. 4103. IMMOBILIZATION GRANT PROGRAM. crash rates, moving violations, failed inspec-
(C) in paragraph (3) by striking ‘‘the next 4 Section 31102(l) of title 49, United States Code, tions, and other related data points.
fiscal years’’ and inserting ‘‘the following 5 fis- is amended— (6) Financial responsibility and liability for
cal years’’; and (1) in paragraph (1) by striking ‘‘and (3)’’ and safety or maintenance violations among compa-
(4) by adding at the end the following: inserting ‘‘, (3), and (4)’’; nies, fleet managers, and drivers.
‘‘(j) TREATMENT OF REALLOCATIONS.— (7) Loading and unloading practices, and how
(2) in paragraph (2)(F)(ii)(II) by inserting ‘‘,
Amounts that are obligated and subsequently, package volume and placement in the vehicle is
specifically including the priority activities de-
after the date of enactment of this subsection, determined.
scribed in paragraph (4)’’ after ‘‘required for
released back to the Secretary under subsection (8) Information on the use of driver safety ap-
participation’’; and
(i) shall not be subject to limitations on obliga- (3) by adding at the end the following: plications, if applicable.
tions provided under any other provision of ‘‘(4) PRIORITIZATION OF IMMOBILIZING UNSAFE (9) Information on work-related injury and
law.’’. PASSENGER-CARRYING COMMERCIAL MOTOR VEHI- illness data of drivers.
(b) COMMERCIAL DRIVER’S LICENSE PROGRAM CLES.— (10) Other relevant information determined
IMPLEMENTATION FINANCIAL ASSISTANCE PRO- ‘‘(A) IN GENERAL.—The Secretary shall necessary by the Secretary in order to make rec-
GRAM.—Section 31313(b) of title 49, United States
prioritize the awarding of discretionary grants ommendations under subsection (e).
Code, is amended— to States for activities related to paragraph (e) REPORT AND RECOMMENDATIONS.—Upon
(1) by striking the period at the end and in-
(2)(F)(II) for the enforcement of out of service completion of the review, the Secretary shall
serting ‘‘; and’’;
orders if such vehicles are found to be unsafe or submit to the Committee on Transportation and
(2) by striking ‘‘A recipient’’ and inserting the
have violated a Federal out of service order. Infrastructure of the House of Representatives
following: ‘‘In participating in financial assist-
‘‘(B) ELIGIBILITY.—To be eligible for a grant and the Committee on Commerce of the Senate a
ance program under this section—
described under this paragraph, a State shall report containing—
‘‘(1) a recipient’’; and
have the authority to require the immobilization (1) the findings of the Secretary on each of
(3) by adding at the end the following:
or impoundment of a passenger-carrying com- the factors in (d);
‘‘(2) a State may not receive more than
mercial motor vehicle if such vehicle is found to (2) a list of regulations applicable to commer-
$250,000 in grants under subsection (a)(2)(B) in
be unsafe or fail inspection or to have violated cial motor vehicles and commercial motor vehicle
any fiscal year—
a Federal out of service order. operators that are not applicable to commercial
‘‘(A) in which the State prohibits private com-
‘‘(C) USE OF FUNDS.—Grant funds received vehicle operations described in this section; and
mercial driving schools or independent commer-
under this paragraph may be used for— (3) recommendations, based on the findings,
cial driver’s license testing facilities from offer-
‘‘(i) the immobilization or impoundment of on changes to laws or regulations at the Fed-
ing a commercial driver’s license skills test as a
commercial motor vehicles that are unsafe, fail eral, State, or local level to promote safe oper-
third-party tester; or
‘‘(B) in which a State fails to report to the inspection, or have violated a Federal out of ations and safe and fair working conditions for
Administrator of the Federal Motor Carrier service order; commercial vehicle operators.
Safety Administration, during the previous fis- ‘‘(ii) safety inspections of vehicles described in
Subtitle B—Motor Carrier Safety Oversight
cal year, the average number of days of delays clause (i);
‘‘(iii) other activities related to the activities SEC. 4201. MOTOR CARRIER SAFETY ADVISORY
for an initial commercial driver’s license skills COMMITTEE.
test or retest within the State.’’. described in clauses (i) and (ii), as determined
by the Secretary. Section 4144 of SAFETEA–LU (49 U.S.C. 31100
SEC. 4102. MOTOR CARRIER SAFETY OPERATIONS note) is amended—
AND PROGRAMS.
‘‘(D) PASSENGER-CARRYING COMMERCIAL
MOTOR VEHICLE DEFINED.—In this paragraph, (1) in subsection (b)(1) by inserting ‘‘, includ-
(a) IN GENERAL.—Section 31110 of title 49, ing small business motor carriers’’ after ‘‘indus-
the term ‘passenger-carrying commercial motor
United States Code, is amended by striking sub- try’’; and
vehicle’ has the meaning given such term in sec-
section (a) and inserting the following: (2) in subsection (d) by striking ‘‘September
tion 31301.’’.
‘‘(a) ADMINISTRATIVE EXPENSES.—There is au- 30, 2013’’ and inserting ‘‘September 30, 2026’’.
thorized to be appropriated from the Highway SEC. 4104. OPERATION OF SMALL COMMERCIAL
VEHICLES STUDY. SEC. 4202. COMPLIANCE, SAFETY, ACCOUNT-
Trust Fund (other than the Mass Transit Ac- ABILITY.
count) for the Secretary of Transportation to (a) IN GENERAL.—Not later than 1 year after
the date of enactment of this Act, the Secretary (a) IN GENERAL.—Not later than 1 year after
pay administrative expenses of the Federal
of Transportation shall initiate a review of the the date of enactment of this Act, the Secretary
Motor Carrier Safety Administration—
prevalence of, characteristics of, and safe oper- of Transportation shall implement a revised
‘‘(1) $380,500,000 for fiscal year 2023;
‘‘(2) $381,500,000 for fiscal year 2024; ation of commercial vehicles that have a gross methodology to be used in the Compliance, Safe-
‘‘(3) $382,500,000 for fiscal year 2025; and vehicle weight rating or gross vehicle weight ty, Accountability program of the Federal Motor
‘‘(4) $384,500,000 for fiscal year 2026.’’. below 10,000 pounds, and are utilized in package Carrier Safety Administration to identify and
(b) ADMINISTRATIVE EXPENSES.— delivery of goods moving in interstate commerce. prioritize motor carriers for intervention, using
(1) USE OF FUNDS.—The Administrator of the (b) INDEPENDENT RESEARCH.—If the Secretary the recommendations of the study required by
Federal Motor Carrier Safety Administration decides to enter into a contract with a third section 5221(a) of the FAST Act (49 U.S.C. 31100
shall use funds made available in subsection (a) party to perform the research required under note).
for— subsection (a), the Secretary shall— (b) DATA AVAILABILITY.—The Secretary shall,
(A) acceleration of planned investments to (1) solicit applications from research institu- in working toward implementation of the revised
modernize the Administration’s information tions that conduct objective, fact-based research methodology described in subsection (a)
technology and information management sys- to conduct the study; and prioritize revisions necessary to—
tems; (2) ensure that such third party does not have (1) restore the public availability of all rel-
(B) completing outstanding mandates; any financial or contractual ties with an entity evant safety data under a revised methodology;
(C) carrying out a Large Truck Crash Causal engaged in interstate commerce utilizing com- and
Factors Study of the Administration; mercial vehicles or commercial motor vehicles. (2) make such safety data publicly available
(D) construction and maintenance of border (c) ENTITIES INCLUDED.—As part of the re- that was made publicly available on the day be-
facilities; and view, the Secretary shall collect information fore the date of enactment of the FAST Act, as
(E) other activities authorized under section from a cross-section of companies that use fleets appropriate under a revised methodology.
31110(b) of title 49, United States Code. of such vehicles for package delivery in inter- (c) IMPLEMENTATION.—
(2) DEFINITION OF OUTSTANDING MANDATE.—In state commerce, including companies that— (1) PROGRESS REPORTS.—Not later than 30
this subsection, the term ‘‘outstanding man- (1) directly perform deliveries; days after the date of enactment of this Act,
date’’ means a requirement for the Federal (2) use contracted entities to perform work; and every 90 days thereafter until the date on
Motor Carrier Safety Administration to issue and which the Secretary implements the revised
regulations, undertake a comprehensive review (3) utilize a combination of direct deliveries methodology described in subsection (a), the
ctelli on DSK11ZRN23PROD with HOUSE
or study, conduct a safety assessment, or collect and contract entities. Secretary shall submit to the Committee on
data— (d) EVALUATION FACTORS.—The review shall Transportation and Infrastructure of the House
(A) under this Act; include an evaluation of the following: of Representatives and the Committee on Com-
(B) under MAP–21 (Public Law 112–141), that (1) Fleet characteristics, including fleet struc- merce, Science, and Transportation of the Sen-
has not been published in the Federal Register, ture, and vehicle miles traveled. ate, and make publicly available on a website of
if required, or otherwise completed as of the (2) Fleet management, including scheduling of the Department of Transportation, a progress
date of enactment of this Act; deliveries and maintenance practices. report on—
VerDate Sep 11 2014 08:42 Jul 01, 2021 Jkt 019060 PO 00000 Frm 00133 Fmt 0636 Sfmt 6333 E:\CR\FM\A30JN7.009 H30JNPT1
H3444 CONGRESSIONAL RECORD — HOUSE June 30, 2021
(A) the status of the revision of the method- SEC. 4204. SAFETY FITNESS OF MOTOR CARRIERS mate provided to the shipper, a copy of the pub-
ology and related data modifications under sub- OF PASSENGERS. lication described in appendix A of part 375 of
section (a), a timeline for completion of such re- Section 31144(i) of title 49, United States Code, such title, entitled ‘‘Your Rights and Respon-
vision, and an estimated date for implementa- is amended— sibilities When You Move’’ (ESA–03–006 (or a
tion of such revised methodology; (1) in paragraph (1)— successor publication)), in the form of a written
(B) an explanation for any delays in develop- (A) in subparagraph (A) by striking ‘‘who the copy or a hyperlink on the website of the cov-
ment or implementation of the revised method- Secretary registers under section 13902 or 31134’’; ered carrier to the location on the website of the
ology over the reporting period; and and Administration containing such publication.
(C) if the Secretary has not resumed making (B) in subparagraph (B) by inserting ‘‘to (3) Subsection (e) of section 375.213, to repeal
publicly available the data described in sub- motor carriers of passengers and’’ after such subsection.
section (b), an updated timeline for the restora- ‘‘apply’’; and (4) Section 375.401(a), to require each covered
tion of the public availability of data and a de- (2) by adding at the end the following: carrier—
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