Congressional Record, Senate, August 1, 2021, Page S5247
Summary
A page of the Congressional Record, Senate, dated August 1, 2021, at page S5247, under the heading Text of Amendments to H.R. 3684, the highway and transit authorization bill. SA 2130, submitted by Ms. Klobuchar, would require a report on an online service platform that lets volunteers in the National Senior Service Corps, many at higher risk from COVID–19, serve through distance volunteering. Another amendment adds a section on an increased Federal share of operating costs for certain areas, amending section 5311(g)(2)(B) of title 49, United States Code, and defining an area of persistent poverty as a county in which not less than 20 percent of residents live in poverty.
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“Congressional Record, Senate, August 1, 2021, Page S5247.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-08-01-crec-2021-08-01-pt1-pgs5247-f8b0cea93c/
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August 1, 2021 CONGRESSIONAL RECORD — SENATE S5247
CASSIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ‘‘(i) describes the use of funds appropriated SEC. 300ll. INCREASED FEDERAL SHARE OF OP-
TESTER, Ms. MURKOWSKI, Mr. WARNER, and to carry out this section, concerning the on- ERATING COSTS FOR CERTAIN
Mr. ROMNEY)) proposed an amendment to the AREAS.
line service platform described in subsection
bill H.R. 3684, supra. (b); Section 5311(g)(2)(B) of title 49, United
‘‘(ii) describes the ways in which the plat- States Code, is amended—
f
form has enabled volunteers in the National (1) in the subparagraph heading, by strik-
TEXT OF AMENDMENTS Senior Service Corps, many of whom are at ing ‘‘EXCEPTION’’ and inserting ‘‘EXCEP-
higher risk for severe illness from COVID–19, TIONS’’;
SA 2130. Ms. KLOBUCHAR submitted to apply their skills, knowledge, and exper- (2) by striking ‘‘A State’’ and inserting the
an amendment intended to be proposed tise to directly serve the community following:
by her to the bill H.R. 3684, to author- through distance volunteering by providing ‘‘(i) STATES WITH NONTAXABLE INDIAN LANDS
ize funds for Federal-aid highways, assistance during the COVID–19 public OR PUBLIC DOMAIN LANDS.—Subject to clause
highway safety programs, and transit health emergency period; (ii), a State’’; and
programs, and for other purposes; ‘‘(iii) measures the number of volunteers in (3) by adding at the end the following:
the National Senior Service Corps volunteers ‘‘(ii) AREAS WITH PARTICULAR NEEDS.—
which was ordered to lie on the table;
who do, and the number of such volunteers ‘‘(I) DEFINITION.—In this clause, the term
as follows: who do not, serve through the online service ‘area of persistent poverty’ means—
At the appropriate place, insert the fol- platform, during the COVID–19 public health ‘‘(aa) any county in which not less than 20
lowing: emergency period; and percent of the population has lived in pov-
SEC. ll. SENIOR CORPS DISTANCE VOLUN- ‘‘(iv) assesses the impact of volunteers in erty during the most recent 30-year period,
TEERING. the National Senior Service Corps who do, as measured by—
(a) SHORT TITLE.—This section may be and the number of such volunteers who do ‘‘(AA) the second and third most recent de-
cited as the ‘‘Senior Corps Distance Volun- not, serve through the online service plat- cennial censuses; and
teering Act’’. form, during the COVID–19 public health ‘‘(BB) the Small Area Income and Poverty
(b) ONLINE SERVICE PLATFORM.—Title IV of emergency period. Estimates of the Bureau of the Census for
the Domestic Volunteer Service Act of 1973 ‘‘(B) SUBMISSION.—Not later than 1 year the most recent year for which the Esti-
is amended— after the end of the COVID–19 public health mates are available; or
(1) by redesignating section 421 (42 U.S.C. emergency period, the Corporation shall sub- ‘‘(bb) any census tract with a poverty rate
5061) as section 401; mit the report to the appropriate commit- of not less than 20 percent, as measured by
(2) by moving that section 401 so as to fol- tees of Congress. most recent 5-year data series available from
low the title heading for title IV; and ‘‘(f) RECOMMENDATION.—Not later than 6 the American Community Survey of the Bu-
(3) by inserting after section 420 (42 U.S.C. months after the end of the COVID–19 public reau of the Census.
5059) the following: health emergency period, the Chief Execu- ‘‘(II) INCREASED FEDERAL SHARE.—A grant
‘‘SEC. 421. ONLINE SERVICE PLATFORM. tive Officer of the Corporation shall submit a made under this section for operating assist-
‘‘(a) DEFINITION.—In this section, the term recommendation to Congress regarding ance to an operator of public transportation
‘COVID–19 public health emergency period’ whether the Corporation should continue to that serves an area that meets 1 or more of
means the period of the public health emer- use the platform as a main resource for con- the criteria under subclause (III) shall be for
gency declared by the Secretary of Health necting volunteers in the National Senior 80 percent of the net operating costs of the
and Human Services under section 319 of the Service Corps with service projects and ena- project, as determined by the Secretary.
Public Health Service Act (42 U.S.C. 247d) on bling the volunteers to carry out distance ‘‘(III) CRITERIA.—The criteria referred to in
January 31, 2020, with respect to COVID–19. volunteering.’’. subclause (II) are that an area—
‘‘(b) ESTABLISHMENT.—Not later than 30 (c) EMERGENCY APPROPRIATION.—The fol- ‘‘(aa) is an area of persistent poverty;
days after the date of enactment of the Sen- lowing sums are hereby appropriated, out of ‘‘(bb) is a county in which not less than 25
ior Corps Distance Volunteering Act, the any money in the Treasury not otherwise ap- percent of residents are age 65 or older, ac-
Chief Executive Officer of the Corporation propriated, for the fiscal year ending Sep- cording to the most recent 5-year estimate of
shall establish an online service platform to tember 30, 2022, and for other purposes, the American Community Survey of the Bu-
connect volunteers in the National Senior namely: reau of the Census;
Service Corps with service projects, and en- CORPORATION FOR NATIONAL AND COMMUNITY ‘‘(cc) is a county that, or is a county that
able the volunteers to carry out distance vol- SERVICE includes a site that—
unteering on an online network. The plat- OPERATING EXPENSES
‘‘(AA) has been designated by the Sec-
form shall be linked to and placed promi- retary of Health and Human Services as a
For an additional amount for ‘‘Operating health professional shortage area under sec-
nently on the website of the Corporation. Expenses’’, for necessary expenses for the
The Corporation may enter into a contract tion 332(a) of the Public Health Service Act
Corporation for National and Community (42 U.S.C. 254e(a)) on the basis of a primary
with a public entity to create the platform. Service to carry out section 421 of the Do-
‘‘(c) INFORMATION AND GUIDANCE.— care or mental health care shortage; and
mestic Volunteer Service Act of 1973, ‘‘(BB) received a health professional short-
‘‘(1) INFORMATION.—The Corporation shall
$5,000,000: Provided, That the amount appro- age area score for the most recent program
provide information to regional offices of the
priated under this heading is designated by year, with respect to primary care or mental
Corporation about how to get volunteers in
Congress as being for an emergency require- health care, that was not less than the low-
the National Senior Service Corps connected
ment pursuant to section 251(b)(2)(A)(i) of est minimum score, as designated by the
to the platform.
the Balanced Budget and Emergency Deficit Secretary of Health and Human Services for
‘‘(2) GUIDANCE.—The Corporation shall
Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)). that program year, necessary for the site to
issue guidance for the regional offices about
how to transfer the programs of the National be eligible for the assignment of National
SA 2131. Mr. CARPER (for himself Health Service Corps members providing pri-
Senior Service Corps to the platform.
‘‘(d) OUTREACH.—The Corporation shall and Mrs. CAPITO) submitted an amend- mary care or mental health care, respec-
provide outreach services to promote the ment intended to be proposed by him tively, for fulfillment of obligated service
platform, including outreach to institutions to the bill H.R. 3684, to authorize funds under the National Health Service Corps
of higher education, the Department of Vet- for Federal-aid highways, highway Scholarship Program; or
erans Affairs for mentorship projects, and safety programs, and transit programs, ‘‘(dd) is a county with a population density
State and local governments for community and for other purposes; which was or- of not more than 20 persons per square mile
engagement projects. of land area, based on the most recent decen-
dered to lie on the table; as follows: nial census.’’.
‘‘(e) REPORT ON IMPACT OF ONLINE SERVICE
PLATFORM.— On page 1941, strike lines 7 through 11.
‘‘(1) DEFINITION.—In this subsection, the SA 2133. Mr. PADILLA (for himself,
term ‘appropriate committees of Congress’ SA 2132. Mr. ROUNDS (for himself,
Ms. SMITH, Mr. WARNOCK, Ms. LUMMIS, Mr. MORAN, Mr. ROUNDS, Mr. SCHATZ,
means—
‘‘(A) the Committee on Energy and Com- Ms. BALDWIN, and Mr. CRAMER) sub- Mrs. FEINSTEIN, and Ms. SMITH) sub-
merce of the House of Representatives; mitted an amendment intended to be mitted an amendment intended to be
‘‘(B) the Special Committee on Aging of proposed by him to the bill H.R. 3684, proposed by him to the bill H.R. 3684,
the Senate; to authorize funds for Federal-aid high- to authorize funds for Federal-aid high-
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‘‘(C) the Committee on Health, Education, ways, highway safety programs, and ways, highway safety programs, and
Labor, and Pensions of the Senate; and transit programs, and for other pur-
transit programs, and for other pur-
‘‘(D) the Committee on Commerce, poses; which was ordered to lie on the
Science, and Transportation of the Senate. poses; which was ordered to lie on the
table; as follows: table; as follows:
‘‘(2) REPORT.—
‘‘(A) PREPARATION.—The Corporation shall At the appropriate place in division C, in- At the appropriate place, insert the fol-
prepare a report that— sert the following: lowing:
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S5248 CONGRESSIONAL RECORD — SENATE August 1, 2021
SEC. ll. EXPANDING THE FUNDING AUTHORITY its mission to ensure the national resilience Committee on Homeland Security and Gov-
FOR RENOVATING, CONSTRUCTING, of critical infrastructure, promote a more se- ernmental Affairs of the Senate, and the
AND EXPANDING CERTAIN FACILI- cure cyber ecosystem, and serve as the cen- Committee on Homeland Security of the
TIES.
tral coordinating element to support and in- House of Representatives a report on the
Section 509 of the Indian Health Care Im- tegrate Federal, State, local, and private- risks identified by the process established
provement Act (25 U.S.C. 1659) is amended— sector cybersecurity efforts; and under subparagraph (A).
(1) by striking ‘‘minor’’ before ‘‘renova- (12) the Cybersecurity and Infrastructure ‘‘(2) INITIAL NATIONAL CRITICAL INFRASTRUC-
tions’’; and Security Agency requires further resource TURE RESILIENCE STRATEGY.—
(2) by striking ‘‘, to assist’’ and all that fol- investment and clear authorities to realize ‘‘(A) IN GENERAL.—Not later than 1 year
lows through ‘‘standards’’. its full potential. after the date on which the Secretary deliv-
--- (b) AMENDMENTS.—Subtitle A of title XXII ers the report required under paragraph
SA 2134. Mr. KING (for himself, Mr. of the Homeland Security Act of 2002 (6 (1)(D), the President shall deliver to major-
SASSE, and Mr. ROUNDS) submitted an U.S.C. 651 et seq.) is amended— ity and minority leaders of the Senate, the
amendment intended to be proposed by (1) in section 2202(c) (6 U.S.C. 652(c))— Speaker and minority leader of the House of
him to the bill H.R. 3684, to authorize (A) in paragraph (11), by striking ‘‘and’’ at Representatives, the Committee on Home-
funds for Federal-aid highways, high- the end; land Security and Governmental Affairs of
(B) in the first paragraph designated as the Senate, and the Committee on Homeland
way safety programs, and transit pro- paragraph (12), relating to the Cybersecurity Security of the House of Representatives a
grams, and for other purposes; which State Coordinator— national critical infrastructure resilience
was ordered to lie on the table; as fol- (i) by striking ‘‘section 2215’’ and inserting strategy designed to address the risks identi-
lows: ‘‘section 2217’’; and fied by the Secretary.
At the end of title VI of division G, add the (ii) by striking ‘‘and’’ at the end; and ‘‘(B) ELEMENTS.—In the strategy delivered
following: (C) by redesignating the second and third under subparagraph (A), the President
paragraphs designated as paragraph (12) as shall—
Subtitle C—National Cyber Resilience
paragraphs (13) and (14), respectively; ‘‘(i) identify, assess, and prioritize areas of
Assistance Fund
(2) by redesignating section 2218, as added risk to critical infrastructure that would
SEC. 70621. ESTABLISHMENT OF THE NATIONAL by section 70612 of this Act, as section 2220A; compromise, disrupt, or impede the ability
CYBER RESILIENCE ASSISTANCE (3) by redesignating section 2217 (6 U.S.C. of the critical infrastructure to support the
FUND.
665f) as section 2220; national critical functions of national secu-
(a) SENSE OF CONGRESS.—It is the sense of (4) by redesignating section 2216 (6 U.S.C. rity, economic security, or public health and
Congress that— 665e) as section 2219; safety;
(1) the United States now operates in a (5) by redesignating the fourth section 2215 ‘‘(ii) identify and outline current and pro-
cyber landscape that requires a level of data (relating to Sector Risk Management Agen- posed national-level actions, programs, and
security, resilience, and trustworthiness cies) (6 U.S.C. 665d) as section 2218; efforts to be taken to address the risks iden-
that neither the United States Government (6) by redesignating the third section 2215 tified;
nor the private sector alone is currently (relating to the Cybersecurity State Coordi- ‘‘(iii) identify the Federal departments or
equipped to provide; nator) (6 U.S.C. 665c) as section 2217; agencies responsible for leading each na-
(2) the United States must deny benefits to (7) by redesignating the second section 2215 tional-level action, program, or effort and
adversaries who have long exploited cyber- (relating to the Joint Cyber Planning Office) the relevant critical infrastructure sectors
space to their advantage, to the disadvan- (6 U.S.C. 665b) as section 2216; and for each;
tage of the United States, and at little cost (8) by adding at the end the following: ‘‘(iv) outline the budget plan required to
to themselves; ‘‘SEC. 2220B. NATIONAL CYBER RESILIENCE AS- provide sufficient resources to successfully
(3) this new approach requires securing SISTANCE FUND. execute the full range of activities proposed
critical networks in collaboration with the ‘‘(a) DEFINITIONS.—In this section: or described by the strategy; and
private sector to promote national resilience ‘‘(1) CYBERSECURITY RISK.—The term ‘cy- ‘‘(v) request any additional authorities or
and increase the security of the cyber eco- bersecurity risk’ has the meaning given that resources necessary to successfully execute
system; term in section 2209. the strategy.
(4) reducing the vulnerabilities adversaries ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible ‘‘(C) FORM.—The strategy delivered under
can target denies them opportunities to at- entity’ means an entity that meets the subparagraph (A) shall be unclassified, but
tack the interests of the United States guidelines and requirements for eligible enti- may contain a classified annex.
through cyberspace; ties established by the Secretary under sub- ‘‘(3) CONGRESSIONAL BRIEFING.—Not later
(5) the public and private sectors struggle section (d)(4). than 1 year after the date on which the
to coordinate cyber defenses, leaving gaps ‘‘(3) FUND.—The term ‘Fund’ means the Na- President delivers the strategy under sub-
that decrease national resilience and create tional Cyber Resilience Assistance Fund es- paragraph (A), and every year thereafter, the
systemic risk; tablished under subsection (c). Secretary, in coordination with Sector Risk
(6) new technology continues to emerge ‘‘(4) NATIONAL CRITICAL FUNCTIONS.—The Management Agencies, shall brief the appro-
that further compounds these challenges; term ‘national critical functions’ means the priate congressional committees on the na-
(7) while the Homeland Security Grant functions of government and the private sec- tional risk management cycle activities un-
Program and resourcing for national pre- tor so vital to the United States that their dertaken pursuant to the strategy.
paredness under the Federal Emergency disruption, corruption, or dysfunction would ‘‘(4) FIVE YEAR RISK MANAGEMENT CYCLE.—
Management Agency are well-established, have a debilitating effect on security, na- ‘‘(A) RISK IDENTIFICATION AND ASSESS-
the United States Government has no equiv- tional economic security, national public MENT.—Under procedures established by the
alent for cybersecurity preparation or pre- health or safety, or any combination thereof. Secretary, the Secretary shall repeat the
vention; ‘‘(b) CREATION OF A CRITICAL INFRASTRUC- conducting and reporting of the risk identi-
(8) the lack of a consistent, resourced fund TURE RESILIENCE STRATEGY AND A NATIONAL fication and assessment required under para-
for investing in resilience in key areas inhib- RISK MANAGEMENT CYCLE.— graph (1), in accordance with the require-
its the United States Government from con- ‘‘(1) INITIAL RISK IDENTIFICATION AND AS- ments in paragraph (1), every 5 years.
veying its understanding of risk into strat- SESSMENT.— ‘‘(B) STRATEGY.—Under procedures estab-
egy, planning, and action in furtherance of ‘‘(A) IN GENERAL.—The Secretary, acting lished by the President, the President shall
core objectives for the security and resil- through the Director, shall establish a proc- repeat the preparation and delivery of the
ience of critical infrastructure; ess by which to identify, assess, and critical infrastructure resilience strategy re-
(9) the Federal Government must fun- prioritize risks to critical infrastructure, quired under paragraph (2), in accordance
damentally shift the way it invests in resil- considering both cyber and physical threats, with the requirements in paragraph (2),
ience and shift the focus away from reactive vulnerabilities, and consequences. every 5 years, which shall also include as-
disaster spending towards research-sup- ‘‘(B) CONSULTATION.—In establishing the sessing the implementation of the previous
ported and risk-driven proactive investment process required under subparagraph (A), the national critical infrastructure resilience
in critical infrastructure cyber resilience; Secretary shall consult with Sector Risk strategy.
(10) Congress has worked diligently to es- Management Agencies, critical infrastruc- ‘‘(c) ESTABLISHMENT OF THE NATIONAL
tablish the Cybersecurity and Infrastructure ture owners and operators, and the National CYBER RESILIENCE ASSISTANCE FUND.—There
Security Agency, creating a new agency that Cyber Director. is established in the Treasury of the United
can leverage broad authorities to receive and ‘‘(C) PUBLICATION.—Not later than 180 days States a fund, to be known as the ‘National
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share information, provide technical assist- after the date of enactment of this section, Cyber Resilience Assistance Fund’, which
ance to operators, and partner with stake- the Secretary shall publish in the Federal shall be available for the cost of risk-based
holders across the executive branch, State Register procedures for the process estab- grant programs focused on systematically
and local communities, and the private sec- lished under subparagraph (A). increasing the resilience of public and pri-
tor; ‘‘(D) REPORT.—Not later than 1 year after vate critical infrastructure against cyberse-
(11) the Cybersecurity and Infrastructure the date of enactment of this section, the curity risk, thereby increasing the overall
Security Agency requires strengthening in Secretary shall submit to the President, the resilience of the United States.
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August 1, 2021 CONGRESSIONAL RECORD — SENATE S5249
‘‘(d) ADMINISTRATION OF GRANTS FROM THE ‘‘(iv) grants to nonprofit entities to de- ‘‘(D) the potential consequences of leaving
NATIONAL CYBER RESILIENCE ASSISTANCE velop publicly available low-cost or no-cost the identified cybersecurity risk unmiti-
FUND.— cybersecurity tools for small-sized and me- gated, including the potential impact to the
‘‘(1) IN GENERAL.—In accordance with this dium-sized entities; critical functions and overall resilience of
section, the Secretary, acting through the ‘‘(v) proactive threat detection and hunt- the nation; and
Administrator of the Federal Emergency ing; and ‘‘(E) other appropriate factors identified by
Management Agency and the Director, shall ‘‘(vi) network protections. the Director.
develop and administer processes to— ‘‘(B) FEDERAL SHARE.—The Federal share of ‘‘(8) EVALUATION OF GRANTS APPLICA-
‘‘(A) establish focused grant programs to the cost of an activity described in clause (ii) TIONS.—
address identified areas of cybersecurity risk or (iii) of subparagraph (A) carried out using ‘‘(A) IN GENERAL.—Utilizing the criteria es-
to, and bolster the resilience of, critical in- funds made available under this section may tablished under paragraph (7), the Director,
frastructure; not exceed— in coordination with the Administrator of
‘‘(B) accept and evaluate applications for ‘‘(i) for fiscal year 2022, 90 percent; the Federal Emergency Management Agen-
each such grant program; ‘‘(ii) for fiscal year 2023, 80 percent; cy, shall evaluate grant applications made
‘‘(C) award grants under each such grant ‘‘(iii) for fiscal year 2024, 70 percent; under each grant program established under
program; and ‘‘(iv) for fiscal year 2025, 60 percent; and this subsection.
‘‘(D) disburse amounts from the Fund. ‘‘(v) for fiscal year 2026, and each fiscal ‘‘(B) RECOMMENDATION.—Following the
‘‘(2) ESTABLISHMENT OF RISK-FOCUSED evaluations required under subparagraph (A),
year thereafter, 50 percent.
GRANT PROGRAMS.— the Director shall recommend to the Sec-
‘‘(4) ELIGIBLE ENTITIES.—
‘‘(A) ESTABLISHMENT.— retary applications for approval, including
‘‘(A) GUIDELINES AND REQUIREMENTS.—
‘‘(i) IN GENERAL.—The Secretary, acting the amount of funding recommended for each
‘‘(i) IN GENERAL.—In accordance with
through the Director and the Administrator such approval.
clause (ii), the Secretary shall submit to the
of the Federal Emergency Management ‘‘(9) AWARD OF GRANT FUNDING.—The Sec-
Agency, may establish not less than 1 grant Committee on Homeland Security and Gov-
retary shall—
program focused on mitigating an identified ernmental Affairs and the Committee on Ap-
‘‘(A) review the recommendations of the
category of cybersecurity risk identified propriations of the Senate and the Com- Director prepared pursuant to paragraph (8);
under the national risk management cycle mittee on Homeland Security and the Com- and
and critical infrastructure resilience strat- mittee on Appropriations of the House of ‘‘(B) provide a final determination of grant
egy under subsection (b) in order to bolster Representatives a set of guidelines and re- awards to the Administrator of the Federal
the resilience of critical infrastructure with- quirements for determining the entities that Emergency Management Agency to be dis-
in the United States. are eligible entities. bursed and administered under the process
‘‘(ii) SELECTION OF FOCUS AREA.—Before se- ‘‘(ii) DEADLINES.—The Secretary shall sub- established under paragraph (6).
lecting a focus area for a grant program pur- mit the guidelines and requirements under ‘‘(e) EVALUATION OF GRANT PROGRAMS UTI-
suant to this subparagraph, the Director clause (i)— LIZING THE NATIONAL CYBER RESILIENCE AS-
shall ensure— ‘‘(I) not later than 180 days after the date SISTANCE FUND.—
‘‘(I) there is a clearly-defined cybersecu- of enactment of this section, and every 2 ‘‘(1) EVALUATION.—The Secretary shall es-
rity risk identified through the national risk years thereafter; and tablish a process to evaluate the effective-
management cycle and critical infrastruc- ‘‘(II) not later than 90 days before the date ness and efficiency of grants distributed
ture resilience strategy under subsection (b) on which the Secretary implements the under this section and develop appropriate
to be mitigated; guidelines and requirements. updates, as needed, to the grant programs.
‘‘(II) market forces do not provide suffi- ‘‘(B) CONSIDERATIONS.—In developing ‘‘(2) ANNUAL REPORT.—Not later than 180
cient private-sector incentives to mitigate guidelines and requirements for eligible enti- days after the conclusion of the first fiscal
the risk without Government investment; ties under subparagraph (A), the Secretary year in which grants are awarded under this
and shall consider— section, and every fiscal year thereafter, the
‘‘(III) there is clear Federal need, role, and ‘‘(i) number of employees; Secretary shall submit to the Committee on
responsibility to mitigate the risk in order ‘‘(ii) annual revenue; Homeland Security and Governmental Af-
to bolster the resilience of critical infra- ‘‘(iii) existing entity cybersecurity spend- fairs and the Committee on Appropriations
structure. ing; of the Senate and the Committee on Home-
‘‘(B) FUNDING.— ‘‘(iv) current cyber risk assessments, in- land Security and the Committee on Appro-
‘‘(i) RECOMMENDATION.—Beginning in the cluding credible threats, vulnerabilities, and priations of the House of Representatives a
first fiscal year following the establishment consequences; and report detailing the grants awarded from the
of the Fund and each fiscal year thereafter, ‘‘(v) entity capacity to invest in mitigating Fund, the status of projects undertaken with
the Director shall— cybersecurity risk absent assistance from the grant funds, any planned changes to the
‘‘(I) assess the funds available in the Fund the Federal Government. disbursement methodology of the Fund,
for the fiscal year; and ‘‘(5) LIMITATION.—For any fiscal year, an measurements of success, and total outlays
‘‘(II) recommend to the Secretary the total eligible entity may not receive more than 1 from the Fund.
amount to be made available from the Fund grant from each grant program established ‘‘(3) GRANT PROGRAM REVIEW.—
under each grant program established under under this subsection. ‘‘(A) ANNUAL ASSESSMENT.—Before the
this subsection. ‘‘(6) GRANT PROCESSES.—The Secretary, start of the second fiscal year in which
‘‘(ii) ALLOCATION.—After considering the acting through the Administrator of the grants are awarded under this section, and
recommendations made by the Director Federal Emergency Management Agency, every fiscal year thereafter, the Director
under clause (i) for a fiscal year, the Director shall require the submission of such informa- shall assess the grant programs established
shall allocate amounts from the Fund to tion as the Secretary determines is nec- under this section and determine—
each active grant program established under essary to— ‘‘(i) for the coming fiscal year—
this subsection for the fiscal year. ‘‘(A) evaluate a grant application against ‘‘(I) whether new grant programs with ad-
‘‘(3) USE OF FUNDS.— the criteria established under this section; ditional focus areas should be created;
‘‘(A) IN GENERAL.—Amounts in the Fund ‘‘(B) disburse grant funds; ‘‘(II) whether any existing grant program
shall be used to proactively mitigate risks ‘‘(C) provide oversight of disbursed grant should be discontinued; and
identified through the national risk manage- funds; and ‘‘(III) whether the scope of any existing
ment cycle and critical infrastructure resil- ‘‘(D) evaluate the effectiveness of the fund- grant program should be modified; and
ience strategy under subsection (b) before ed project in increasing the overall resilience ‘‘(ii) the success of the grant programs in
cyber incidents occur, through activities of the United States with respect to cyberse- the prior fiscal year.
such as— curity risks. ‘‘(B) SUBMISSION TO CONGRESS.—Not later
‘‘(i) proactive vulnerability assessments ‘‘(7) GRANT CRITERIA.—For each grant pro- than 90 days before the start of the second
and mitigation; gram established under this subsection, the fiscal year in which grants are awarded
‘‘(ii) defrayal of costs to invest in backup Director, in coordination with the Adminis- under this section, and every fiscal year
systems critical to mitigating national or trator of the Federal Emergency Manage- thereafter, the Secretary shall submit to the
economic security risks, as determined by ment Agency, shall develop and publish cri- Committee on Homeland Security and Gov-
the Federal Government, with cost-sharing teria for evaluating applications for funding, ernmental Affairs and the Committee on Ap-
from the recipient entity in accordance with which shall include— propriations of the Senate and the Com-
subparagraph (B); ‘‘(A) whether the application identifies a mittee on Homeland Security and the Com-
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‘‘(iii) defrayal of costs to invest in replac- clearly-defined cybersecurity risk; mittee on Appropriations of the House of
ing vulnerable systems and assets critical to ‘‘(B) whether the cybersecurity risk identi- Representatives the assessment conducted
mitigating national or economic security fied in the grant application poses a substan- pursuant to subparagraph (A) and any
risks, as determined by the Federal Govern- tial threat to critical infrastructure; planned alterations to the grant program for
ment, with more secure alternatives with ‘‘(C) whether the application identifies a the coming fiscal year.
cost-sharing from the recipient entity in ac- program or project clearly designed to miti- ‘‘(f) LIMITATION ON USE OF GRANT FUNDS.—
cordance with subparagraph (B); gate a cybersecurity risk; Funds awarded pursuant to this section—
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S5250 CONGRESSIONAL RECORD — SENATE August 1, 2021
‘‘(1) shall supplement and not supplant SEC. lll. ASSESSMENT AND ANALYSIS RE- (C) representatives from State, local, and
State or local funds or, as applicable, funds GARDING THE EFFECT OF THE DIG- tribal government agencies; and
ITAL ECONOMY ON THE ECONOMY
supplied by the Bureau of Indian Affairs; and (D) representatives from consumer and
OF THE UNITED STATES.
‘‘(2) may not be used— community organizations.
(a) DEFINITIONS.—In this section:
‘‘(A) to provide any Federal cost-sharing (d) REPORT.—The Secretary shall submit to
(1) APPROPRIATE COMMITTEES OF CON-
contribution on behalf of a State or local the appropriate committees of Congress a re-
GRESS.—The term ‘‘appropriate committees
government; port regarding the findings of the Secretary
of Congress’’ means—
‘‘(B) to pay a ransom; with respect to each assessment and analysis
(A) the Committee on Commerce, Science,
‘‘(C) by or for a non-United States entity; conducted under subsection (b).
and Transportation of the Senate;
or
(B) the Committee on Environment and
‘‘(D) for any recreational or social purpose. SA 2136. Mr. SCHATZ submitted an
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— Public Works of the Senate;
(C) the Committee on Small Business and amendment intended to be proposed by
There are authorized to be appropriated to him to the bill H.R. 3684, to authorize
carry out this section $75,000,000 for each of Entrepreneurship of the Senate;
(D) the Committee on Energy and Com- funds for Federal-aid highways, high-
fiscal years 2022 through 2026.
‘‘(h) TRANSFERS AUTHORIZED.—During a fis- merce of the House of Representatives; way safety programs, and transit pro-
cal year, the Secretary or the head of any (E) the Committee on Transportation and grams, and for other purposes; which
component of the Department that admin- Infrastructure of the House of Representa- was ordered to lie on the table; as fol-
isters the State and Local Cybersecurity tives; and lows:
Grant Program may transfer not more than (F) the Committee on Small Business of
the House of Representatives. At the appropriate place in division [ll],
5 percent of the amounts appropriated pursu- insert the following;
ant to subsection (g) or other amounts ap- (2) ASSISTANT SECRETARY.—The term ‘‘As-
sistant Secretary’’ means the Assistant Sec- SEC. ll. CDBG DISASTER RECOVERY.
propriated to carry out the National Cyber
retary of Commerce for Communications and (a) Short Title.—This section may be cited
Resilience Assistance Fund for that fiscal
Information. as the ‘‘Reforming Disaster Recovery Act’’.
year to an account of the Department for
(3) BROADBAND.—The term ‘‘broadband’’ (b) Findings.—Congress finds that—
salaries, expenses, and other administrative
means an Internet Protocol-based trans- (1) following a major disaster declared by
costs incurred for the management, adminis-
mission service that enables users to send the President under section 401 or the Robert
tration, or evaluation of this section.
and receive voice, video, data, or graphics, or T. Stafford Disaster Relief and Emergency
‘‘(i) GOVERNMENT ACCOUNTABILITY OFFICE
a combination of those items. Assistance Act (42 U.S.C. 5170), the subset or
REPORT.—Not later than 1 year after the
(4) DIGITAL ECONOMY.— communities that are most impacted and
date of the enactment of this section, the
(A) IN GENERAL.—Subject to subparagraph distressed as a result or the disaster face
Comptroller General of the United States
(B), the term ‘‘digital economy’’ has the critical social, economic, and environmental
shall submit to the Committee on Homeland
meaning given the term by the Secretary in obstacles to recovery, including insufficient
Security and Governmental Affairs in the
carrying out this section. public and private resources to address dis-
Senate and the Committee on Homeland Se-
(B) CONSIDERATIONS.—In establishing a def- aster-related housing and community devel-
curity in the House of Representatives a re-
inition for the term ‘‘digital economy’’ under opment needs for lower income households
port containing the results of a study regard-
subparagraph (A), the Secretary shall con- and distressed communities;
ing the effectiveness of the programs de-
sider— (2) unmet disaster recovery needs, includ-
scribed in this section.’’.
(c) TECHNICAL AND CONFORMING AMEND- (i) the digital-enabling infrastructure that ing housing assistance needs, can be espe-
MENTS.— a computer network needs to exist and oper- cially widespread among persons with ex-
(1) TABLE OF CONTENTS.—The table of con- ate; and tremely low, low, and moderate incomes;
(ii) the roles of e-commerce and digital (3) economic, social, and housing hardships
tents in section 1(b) of the Homeland Secu-
media. that affect communities before disasters arc
rity Act of 2002 (Public Law 107–296; 116 Stat.
(5) DIGITAL MEDIA.—The term ‘‘digital exacerbated during crises and can delay and
2135) is amended by striking the item relat-
media’’ means the content that participants complicate long-term recovery. especially
ing to section 2214 and all that follows
in e-commerce create and access. after catastrophic major disasters;
through the item relating to section 2218, as
(6) E-COMMERCE.—The term ‘‘e-commerce’’ (4) States, units of local government, and
added by section 70612 of this Act, and insert-
means the digital transactions that take Indian Tribes within the most impacted and
ing the following:
‘‘Sec. 2214. National Asset Database. place using the infrastructure described in distressed areas resulting from major disas-
‘‘Sec. 2215. Duties and authorities relating paragraph (4)(B)(i). ters benefit from flexibility to design pro-
to .gov internet domain. (7) SECRETARY.—The term ‘‘Secretary’’ grams that meet local needs, but face inad-
‘‘Sec. 2216. Joint Cyber Planning Office. means the Secretary of Commerce. equate financial, technical, and staffing ca-
‘‘Sec. 2217. Cybersecurity State Coordinator. (b) BIENNIAL ASSESSMENT AND ANALYSIS pacity to plan and carry out sustained recov-
‘‘Sec. 2218. Sector Risk Management Agen- REQUIRED.—Not later than 2 years after the ery, restoration, and mitigation activities;
cies. date of enactment of this Act, and biennially (5) the speed and effectiveness consider-
‘‘Sec. 2219. Cybersecurity Advisory Com- thereafter, the Secretary, in consultation ations of long-term recovery from cata-
mittee. with the Director of the Bureau of Economic strophic major disasters is improved by pre-
‘‘Sec. 2220. Cybersecurity education and Analysis of the Department of Commerce dictable investments that support disaster
training programs. and the Assistant Secretary, shall conduct relief, long-term recovery, restoration of
‘‘Sec. 2220A. State and Local Cybersecurity an assessment and analysis regarding the housing and infrastructure, and economic re-
Grant Program. contribution of the digital economy to the vitalization, primarily for the benefit of low-
‘‘Sec. 2220B. National Cyber Resilience As- economy of the United States. and moderate-income persons;
sistance Fund.’’. (c) CONSIDERATIONS AND CONSULTATION.—In (6) undertaking activities that mitigate
(2) ADDITIONAL TECHNICAL AMENDMENT.— conducting each assessment and analysis re- the effects of future natural disasters and ex-
(A) AMENDMENT.—Section 904(b)(1) of the quired under subsection (b), the Secretary treme weather and increase the stock of af-
DOTGOV Act of 2020 (title IX of division U of shall— fordable housing, including affordable rental
Public Law 116–260) is amended, in the mat- (1) consider the impact of— housing, as part or long-term recovery can
ter preceding subparagraph (A), by striking (A) the deployment and adoption of— significantly reduce future fiscal and social
‘‘Homeland Security Act’’ and inserting (i) digital-enabling infrastructure; and costs, especially within high-risk areas, and
‘‘Homeland Security Act of 2002’’. (ii) broadband; can help to address outstanding housing and
(B) EFFECTIVE DATE.—The amendment (B) e-commerce and platform-enabled peer- community development needs by creating
made by subparagraph (A) shall take effect to-peer commerce; and jobs and providing other economic and social
as if enacted as part of the DOTGOV Act of (C) the production and consumption of dig- benefits within communities that further
2020 (title IX of division U of Public Law 116– ital media, including free media; and promote recovery and resilience; and
260). (2) consult with— (7) the general welfare and security of the
(A) the heads of any agencies and offices of nation and the health and living standards of
SA 2135. Ms. KLOBUCHAR submitted the Federal Government as the Secretary its people require targeted resources to sup-
an amendment intended to be proposed considers appropriate, including the Sec- port State and local governments in carrying
by her to the bill H.R. 3684, to author- retary of Agriculture, the Commissioner of out their responsibilities in disaster recov-
ize funds for Federal-aid highways, the Bureau of Labor Statistics, the Adminis- ery and mitigation through interim and
dlhill on DSK120RN23PROD with SENATE
highway safety programs, and transit trator of the Small Business Administration, long-term housing and community develop-
and the Federal Communications Commis- ment activities that primarily benefit per-
programs, and for other purposes; sion; sons of low and moderate income.
which was ordered to lie on the table; (B) representatives of the business commu- (c) Definitions.—In this section;
as follows: nity, including rural and urban internet (1) DEPARTMENT.—The term ‘‘Department’’
At the appropriate place, insert the fol- service providers and telecommunications means the Department of Housing and Urban
lowing: infrastructure providers; Development.
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August 1, 2021 CONGRESSIONAL RECORD — SENATE S5251
(2) FUND.—The term ‘‘Fund’’ means the count to be known as the Long-Term Dis- (6) FORMULA ALLOCATION.—Use of amounts
Long-Term Disaster Recovery Fund estab- aster Recovery Fund. in the Fund for grants shall be made by for-
lished under subsection (e). (2) DEPOSITS, TRANSFERS, AND CREDIT.— mula allocation in accordance with the re-
(3) SECRETARY.—The term ‘‘Secretary’’ (A) IN GENERAL.—The Fund shall consist of quirements of section 123(a) of the Housing
means the Secretary of Housing and Urban amounts appropriated, transferred, and cred- and Community Development Act of 1974. as
Development. ited to the Fund. added by subsection (f).
(d) Duties of the Department of Housing (B) TRANSFERS.—The following may be (7) AUTHORIZATION OF APPROPRIATIONS.—
and Urban Development.— transferred to the Fund; There are authorized to be appropriated to
(1) IN GENERAL.—The offices and officers of (i) Amounts made available through sec-
the Fund such sums as may be necessary to
the Department shall be responsible for— tion 106(c)(4) of the Housing and Community
respond to current or future major disasters
(A) leading and coordinating the disaster- Development Act of 1974 (42 U.S.C. 5306(c)(4))
declared under section 401 of the Robert T.
related responsibilities of the Department as a result of actions taken under section
104(e), 111, or 123(j) of such Act. Stafford Disaster Relief and Emergency As-
under the National Response Framework, sistance Act (42 U.S.C. 5179) for grants under
(ii) Any unobligated balances available
the National Disaster Recovery Framework, section 123 of the Housing and Community
until expended remaining or subsequently
and the National Mitigation Framework; Development Act of 1974, as added by sub-
recaptured from amounts appropriated for
(B) coordinating and administering pro- section (f).
any disaster and related purposes under the
grams, policies, and activities of the Depart- (f) Establishment of CDBG Disaster Recov-
heading ‘‘Community Development Fund’’ in
ment related to disaster relief, long-term re- any Act prior to the establishment of the ery Program.—Title I of the Housing and
covery, resiliency, and mitigation, including Fund. Community Development Act of 1974 (42
disaster recovery assistance under title I of (C) USE OF TRANSFERRED AMOUNTS.— U.S.C. 5301 et seq.) is amended—
the Housing and Community Development Amounts transferred to the Fund shall be (1) in section 102(a) (42 U.S.C. 5302(a))—
Act of 1974 (4 U.S.C. 5301 et seq.); used for the eligible uses described in para- (A) in paragraph (20)—
(C) supporting disaster-impacted commu- graph (3). (i) by redesignating subparagraph (B) as
nities as those communities specifically as- (3) ELIGIBLE USES OF FUND.— subparagraph (C );
sess, plan for, and address the housing stock (A) IN GENERAL.—Amounts in the Fund (ii) in subparagraph (C), as so redesignated,
and housing needs in the transition from shall be available— by inserting ‘‘or (B)’’ after ‘‘subparagraph
emergency shelters and interim housing to (i) to provide assistance in the form of (A)’’; and
permanent housing of those displaced, espe- grants under section 123 of the Housing and (iii) by inserting after subparagraph (A)
cially among vulnerable populations and ex- Community Development Act of 1974, as the following;
tremely low-, low-, and moderate income added by subsection (f); and ‘‘(B) The term ‘persons of extremely low
households; (ii) for activities of the Department that income’ means families and individuals
(D) collaborating with the Federal Emer- support the provision of such assistance, in- whose income levels do not exceed household
gency Management Agency, the Small Busi- cluding necessary salaries and expenses, in- income levels determined by the Secretary
ness Administration, and across the Depart- formation technology, capacity building and under section 3(b)(2) of the United States
ment to align disaster-related regulations technical assistance (including assistance re- Housing Act of 1937 (42 U.S.C. 1437a(b)(2)(C)),
and policies, including incorporation of con- lated to predisaster planning), and readiness except that the Secretary may provide alter-
sensus-based codes and standards and insur- and other pre-disaster planning activities native definitions for the Commonwealth of
ance purchase requirements, and ensuring that are not readily attributable to a single Puerto Rico, Guam, the Commonwealth of
coordination and reducing duplication major disaster. the Northern Mariana Islands, the United
among other Federal disaster recovery pro- (B) SET ASIDE.—Of each amount appro-
States Virgin Islands, and American
grams; priated for or transferred to the Fund, 2 per-
Samoa.’’; and
(E) promoting best practices in mitigation cent shall be made available for activities
(B) by adding at the end the following;
and land use planning, including consider- described in subparagraph (A)(ii), which
‘‘(25) The term ‘major disaster’ has the
ation of traditional, natural, and nature- shall be in addition to other amounts made
meaning given the term in section 102 of the
based infrastructure alternatives; available for those activities.
(C) TRANSFER OF FUNDS.—Amounts made Robert T. Stafford Disaster Relief and Emer-
(F) coordinating technical assistance, in- gency Assistance Act (42 U.S.C. 5122).’’;
available for use in accordance with subpara-
cluding mitigation, resiliency, and recovery (2) in section 106(c)(4) (42 U.S.C. 5306(c)(4))—
graph (B)—
training and information on all relevant (i) may he transferred to the account under (A) in subparagraph (A)—
legal and regulatory requirements, to enti- the heading for ‘‘Program Offices—Commu- (i) by striking ‘‘declared by the President
ties that receive disaster recovery assistance nity Planning and Development’’, or any under the Robert T. Stafford Disaster Relief
under title I of the Housing and Community successor account, for the Department to and Emergency Assistance Act’’;
Development Act of 1974 (42 U.S.C. 5301 et carry out activities described in subpara- (ii) inserting ‘‘States for use in nonentitle-
seq.) that demonstrate capacity constraints; graph (A)(ii); and ment areas and to’’ before ‘‘metropolitan cit-
and (ii) may be used for the activities described ies’’; and
(G) supporting State, Tribal, and local gov- in subparagraph (A)(ii) and for the adminis- (iii) inserting ‘‘major’’ after ‘‘affected by
ernments in developing. coordinating, and trative costs of administering any funds ap- the’’;
maintaining their capacity for disaster resil- propriated to the Department under the (B) in subparagraph (C)—
ience and recovery, and developing heading ‘‘Community Planning and Develop- (i) by striking ‘‘metropolitan city or’’ and
predisaster recovery and hazard mitigation ment—Community Development Fund’’ for inserting ‘‘State, metropolitan city, or’’;
plans, in coordination with the Federal any major disaster declared under section 401 (ii) by striking ‘‘city or county’’ and in-
Emergency Management Agency and other or the Robert T. Stafford Disaster Relief and serting ‘‘State, city, or county’’; and
Federal agencies. Emergency Assistance Act (42 U.S.C. 5170) in (iii) by inserting ‘‘major’’ before ‘‘dis-
(2) ESTABLISHMENT OF THE OFFICE OF DIS- any Act before the establishment of the aster’’;
ASTER MANAGEMENT AND RESILIENCY.—Sec- Fund. (C) in subparagraph (D), by striking ‘‘met-
tion 4 of the Department of Housing and (4) INTERCHANGEABILITY OF PRIOR ADMINIS- ropolitan cities and’’ and inserting ‘‘States,
Urban Development Act (42 U.S.C. 3533) is TRATIVE AMOUNTS.—Any amounts appro- metropolitan cities, and’’;
amended by adding at the end the following; priated in any Act prior to the establishment (D) in subparagraph (F)—
‘‘(i) Office of Disaster Management and Re- of the Fund and transferred to the account (i) by striking ‘‘metropolitan city or’’ and
siliency.— under the heading ‘‘Program Offices Salaries inserting ‘‘State, metropolitan city, or’’; and
‘‘(1) ESTABLISHMENT.—There is established, and Expenses—Community Planning and De- (ii) by inserting ‘‘major’’ before ‘‘disaster’’;
in the Office of the Secretary, the Office of velopment’’, or any predecessor account, for and
Disaster Management and Resiliency. the Department for the costs of admin- (E) in subparagraph (G), by striking ‘‘met-
‘‘(2) DUTIES.—The Office of Disaster Man- istering funds appropriated to the Depart- ropolitan city or’’ and inserting ‘‘State, met-
agement and Resiliency shall— ment under the heading ‘‘Community Plan- ropolitan city, or’’; and
‘‘(A) be responsible for oversight and co- ning and Development—Community Devel- (3) in section 122 (42 U.S.C. 5321), by strik-
ordination of all departmental disaster pre- opment Fund’’ for any major disaster de- ing ‘‘disaster under title IV of the Robert T.
paredness and response responsibilities; and clared under section 401 of the Robert T. Stafford Disaster Relief and Emergency As-
‘‘(B) coordinate with the Federal Emer- Stafford Disaster Relief and Emergency As- sistance Act’’ and inserting ‘‘major dis-
gency Management Agency, the Small Busi- sistance Act (42 U.S.C. 5170) shall be avail- aster’’; and
ness Administration, and the Office of Com- able for the costs of administering any such (4) by adding at the end the following:
munity Planning and Development and other funds provided by any prior or future Act, ‘‘SEC. 123. COMMUNITY DEVELOPMENT
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offices of the Department in supporting re- notwithstanding the purposes for which BLOCK GRANT DISASTER RECOVERY
covery and resilience activities to provide a those amounts were appropriated and in ad- PROGRAM.
comprehensive approach in working with dition to any amount provided for the same ‘‘(a) Authorization, Formula, and Alloca-
communities.’’. purposes in other appropriations Acts. tion.—
(e) Long-Term Disaster Recovery Fund.— (5) AVAILABILITY OF AMOUNTS.—Amounts ‘‘(1) AUTHORIZATION.—Thc Secretary is au-
(1) ESTABLISHMENT.—There is established appropriated, transferred and credited to the thorized to make community development
in the Treasury of the United States an ac- Fund shall remain available until expended. block grant disaster recovery grants from
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S5252 CONGRESSIONAL RECORD — SENATE August 1, 2021
the Long-Term Disaster Recovery Fund es- ‘‘(iv) establish objective criteria for peri- ‘‘(D) CONSIDERATION OF FUNDING.—Prelimi-
tablished under the Reforming Disaster Re- odic review and updates to the formula to re- nary funding awarded under subparagraph
covery Act (hereinafter referred to as the flect changes in available science and data. (A)—
‘Fund’) for necessary expenses for activities ‘‘(C) MINIMUM ALLOCATION THRESHOLD.—The ‘‘(i) is not subject to the certification re-
authorized under subsection (f)(1) related to Secretary shall, by regulation, establish a quirements of paragraph (h)(1); and
disaster relief, long-term recovery, restora- minimum allocation threshold. ‘‘(ii) shall not be considered when calcu-
tion of housing and infrastructure, economic ‘‘(D) INTERIM ALLOCATION.—Until such time lating the amount of the grant used for ad-
revitalization, and mitigation in the most that the Secretary issues final regulations ministrative costs, technical assistance, and
impacted and distressed area, resulting from under this paragraph, the Secretary shall— planning activities that are subject to the
a catastrophic major disaster. ‘‘(i) allocate assistance from the Fund requirements under subsection (1)(2).
‘‘(2) GRANT AWARDS.—Grants shall be using the formula allocation methodology ‘‘(E) WAIVER.—To expedite the use of pre-
awarded under this section to States, units published in accordance with paragraph (4); liminary funding for activities described in
of general local government, and Indian and this paragraph, the Secretary may waive re-
tribes based on capacity and the concentra- ‘‘(ii) include an additional amount for quirements of this section in accordance
tion of damage, as determined by the Sec- mitigation equal to 15 percent of the total with subsection (i).
retary, to support the efficient and effective estimate of unmet need. ‘‘(F) AMENDED AWARD.—
‘‘(6) ALLOCATION OF FUNDS.— ‘‘(i) IN GENERAL.—An award for preliminary
administration of funds.
‘‘(A) IN GENERAL.—The Secretary shall— funding under subparagraph (A) may be
‘‘(3) SECTION 106 ALLOCATIONS.—Grants ‘‘(i) except as provided in clause (ii), not
under this section shall not be considered amended to add any subsequent amount
later than 90 days after the President de-
relevant to the formula allocations made awarded because of a determination by the
clares a major disaster, use best available
pursuant to section 106. Secretary that a major disaster is cata-
data to determine whether the major dis-
‘‘(4) FEDERAL REGISTER NOTICE.— strophic and qualifies for assistance under
aster is catastrophic and qualifies for assist-
‘‘(A) IN GENERAL.—Not later than 30 days the formula.
ance under the formula in paragraph (4) or
after the date of enactment of this section, ‘‘(ii) APPLICABILITY.—Notwithstanding sub-
(5), unless data is insufficient to make this
the Secretary shall issue a notice in the Fed- paragraph (D), amounts provided by an
determination; and
eral Register containing the latest formula ‘‘(ii) if the best available data is insuffi- amendment under clause (i) are subject to
allocation methodologies used to determine cient to make the determination required the requirements under subsections (h)(1)
the total estimate of unmet needs related to under clause (i) within the 90-day period de- and (f)(1) and other requirements on grant
housing, economic revitalization, and infra- scribed in that clause, the Secretary shall funds under this section.
structure in the most impacted and dis- ‘‘(G) TECHNICAL ASSISTANCE.—Concurrent
determine whether the major disaster quali-
tressed areas resulting from a catastrophic with the allocation of any preliminary fund-
fies when sufficient data becomes available,
major disaster. ing awarded under this paragraph, the Sec-
but in no case shall the Secretary make the
‘‘(B) PUBLIC COMMENT.—In the notice issued retary shall assign or provide technical as-
determination later than 120 days after the
under subparagraph (A), the Secretary shall sistance to the recipient of the grant.
declaration of the major disaster.
solicit public comments on— ‘‘(B) ANNOUNCEMENT OF ALLOCATION.—If ‘‘(b) Interchangeability.—The Secretary—
‘‘(i) the methodologies described in sub- amounts arc available in the Fund at the ‘‘(1) is authorized to approve the use of
paragraph (A) and seek alternative methods time the Secretary determines that the grants under this section to be used inter-
for formula allocation within a similar total major disaster is catastrophic and qualifies changeably and without limitation for the
amount or funding; for assistance under the formula in para- same activities in the most impacted and
‘‘(ii) the impact or formula methodologies distressed areas resulting from a declaration
graph (4) or (5), the Secretary shall imme-
on rural areas and Tribal areas; of another catastrophic major disaster that
diately announce an allocation for a grant
‘‘(iii) adjustments to improve targeting to qualifies for assistance under the formula es-
under this section.
the most serious needs; ‘‘(C) ADDITIONAL AMOUNTS.—If additional tablished under paragraph (4) or (5) of sub-
‘‘(iv) objective criteria for grantee capac- section (a); and
amounts are appropriated to the Fund after
ity and concentration of damage to inform ‘‘(2) shall establish requirements to expe-
amounts are allocated under subparagraph
grantee determinations and minimum allo- dite the use of grants under this section for
(B), the Secretary shall announce an alloca-
cation thresholds; and the purpose described in paragraph (1).
tion or additional allocation (if a prior allo-
‘‘(v) research and data to inform an addi- ‘‘(c) Grantee Plans.—
cation under subparagraph (B) was less than
tional amount to be provided for mitigation ‘‘(1) REQUIREMENT.—Not later than 90 days
the formula calculation) within 15 days of
depending on type of disaster, which shall be after the date on which the Secretary an-
any such appropriation.
no more than 30 percent of the total esti- ‘‘(7) PRELIMINARY FUNDING.— nounces a grant allocation under this sec-
mate or unmet needs. ‘‘(A) IN GENERAL.—To speed recovery, the tion, unless an extension is granted by the
‘‘(5) REGULATIONS.— Secretary is authorized to allocate and Secretary, the grantee shall submit to the
‘‘(A) IN GENERAL.—The Secretary shall, by award preliminary grants from the Fund be- Secretary a plan for approval describing—
regulation, establish a formula to allocate fore making a determination under para- ‘‘(A) the activities the grantee will carry
assistance from the Fund to the most im- graph (6) if the Secretary projects, based on out with the grant under this section;
pacted and distressed areas resulting from a a preliminary assessment of impact and dis- ‘‘(B) the criteria of the grantee for award-
catastrophic major disaster. tress, that a major disaster is catastrophic ing assistance and selecting activities;
‘‘(B) FORMULA REQUIREMENTS.—The for- ‘‘(C) how the use of the grant under this
and would likely qualify for funding under
mula established under subparagraph (A) section will address disaster relief, long-term
the formula in paragraph (4) or (5).
shall— ‘‘(B) AMOUNT.— recovery, restoration of housing and infra-
‘‘(i) set forth criteria to determine that a ‘‘(i) MAXIMUM.—The Secretary may award structure, economic revitalization, and miti-
major disaster is catastrophic, which criteria preliminary funding under subparagraph (A) gation in the most impacted and distressed
shall consider the presence of a high con- in an amount that is not more than areas
centration of damaged housing or businesses $5,000.000. ‘‘(D) how the use of the grant funds for
that individual, State, Tribal, and local re- ‘‘(ii) SLIDING SCALE.—The Secretary shall, mitigation is consistent with hazard mitiga-
sources could not reasonably be expected to by regulation, establish a sliding scale for tion plans submitted to the Federal Emer-
address without additional Federal assist- preliminary funding awarded under subpara- gency Management Agency under section 322
ance, or other nationally encompassing data graph (A) based on the size of the prelimi- of the Robert T. Stafford Disaster Relief and
that the Secretary determines are adequate nary assessment of impact and distress. Emergency Assistance Act (42 U.S.C. 5165);
to assess relative impact and distress across ‘‘(C) USE OF FUNDS.—The uses or prelimi- ‘‘(E) the estimated amount proposed to be
geographic areas. nary funding awarded under subparagraph used for activities that will benefit persons
‘‘(ii) include a methodology for identifying (A) shall be limited to eligible activities of low- and moderate-income;
most impacted and distressed areas, which that— ‘‘(F) how the use of grant funds will repair
shall consider unmet serious needs related to ‘‘(i) in the determination of the Secretary, and replace existing housing stock for vul-
housing, economic revitalization, and infra- will support faster recovery, improve the nerable populations, including low- to mod-
structure; ability of the grantee to assess unmet recov- erate-income households;
‘‘(iii) include an allocation calculation ery needs, plan for the prevention of im- ‘‘(G) how the grantee will address the pri-
that considers the unmet serious needs re- proper payments, and reduce fraud, waste, orities described in paragraph (5);
sulting from the catastrophic major disaster and abuse; and ‘‘(H) how uses of funds are proportional to
and an additional amount up to 30 percent ‘‘(ii) may include evaluating the interim unmet needs, as required under paragraph
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for activities to reduce risks of loss resulting housing, permanent housing, and supportive (5);
from other natural disasters in the most im- service needs of the disaster impacted com- ‘‘(I) for State grantees that plan to dis-
pacted and distressed area, primarily for the munity, with special attention to vulnerable tribute grant amounts to units of general
benefit of low- and moderate-income persons, populations, such as homeless and low- to local government, a description of the meth-
with particular focus on activities that re- moderate income households, to inform the od of distribution, and
duce repetitive loss of property and critical grantee action plan required under sub- ‘‘(J) such other information as may be de-
infrastructure; and section (c). termined by the Secretary in regulation.
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August 1, 2021 CONGRESSIONAL RECORD — SENATE S5253
‘‘(2) PUBLIC CONSULTATION.—To permit pub- ‘‘(D) use cost-effective means of preventing ‘‘(d) Certifications.—Any grant under this
lic examination and appraisal of the plan de- harm to people and property and incorporate section shall be made only if the grantee cer-
scribed in paragraph (1), to enhance the pub- protective features, redundancies, energy tifies to the satisfaction of the Secretary
lic accountability of grantees, and to facili- savings; and that—
tate coordination of activities with different ‘‘(E) other measures that will assure the ‘‘(1) the grantee is in full compliance with
levels of government, when developing the continuation of critical services during fu- the requirements under subsection (c)(2);
plan or substantial amendments proposed to ture disasters. ‘‘(2) for grants other than grants to Indian
the plan required under paragraph (1), a ‘‘(6) PROPORTIONAL ALLOCATION.— tribes, the grant will be conducted and ad-
grantee shall— ‘‘(A) IN GENERAL.—A grantee under this ministered in conformity with the Civil
‘‘(A) publish the plan before adoption; section shall allocate grant funds propor- Rights Act of 1964 (42 U.S.C. 2000a et seq.)
‘‘(B) provide citizens, affected units of gen- tional to unmet needs between housing ac- and the Fair Housing Act (42 U.S.C. 3601 et
eral local government, and other interested tivities, economic revitalization, and infra- seq.);
parties with reasonable notice of and oppor- structure, unless the Secretary— ‘‘(3) the projected use of funds has been de-
tunity to comment on, the plan, with a pub- ‘‘(i) specifically finds that— veloped so as to give maximum feasible pri-
‘‘(I) there is a compelling need for a dis- ority to activities that will benefit ex-
lic comment period of not less than 14 days;
‘‘(C) consider comments received before proportional allocation among those unmet
tremely low-, low-, and moderate-income
submission to the Secretary; needs; and
families and activities described in sub-
‘‘(D) follow a citizen participation plan for ‘‘(II) the disproportional allocation de-
scribed in subclause (I) is not inconsistent section (c)(5), and may also include activities
disaster assistance adopted by the grantee that are designed to aid in the prevention or
that, at a minimum, provides for participa- with the requirements under paragraph (4);
and elimination of slum and blight to support
tion of residents of the most impacted and disaster recovery, meet other community de-
‘‘(ii) issues a waiver and alternative re-
distressed area affected by the major dis- velopment needs having a particular urgency
quirement pursuant to subsection (i) to
aster that resulted in the grant under this because existing conditions pose a serious
allow for the disproportional allocation de-
section and other considerations established scribed in clause (i)(I). and immediate threat to the health or wel-
by the Secretary; and ‘‘(B) HOUSING ACTIVITIES.—With respect to fare of the community where other financial
‘‘(E) undertake any consultation with in- housing activities described in subparagraph resources are not available to meet such
terested parties as may be determined by the (A)(i), grantees should address proportional needs, and alleviate future threats to human
Secretary in regulation. needs between homeowners and renters, in- populations, critical natural resources, and
‘‘(3) APPROVAL.—The Secretary shall— property that an analysis of hazards shows
cluding low-income households in public
‘‘(A) by regulation, specify criteria for the are likely to result from natural disasters in
housing and federally subsidized housing.
approval, partial approval, or disapproval of the future;
‘‘(7) DISASTER RISK MITIGATION.—
a plan submitted under paragraph (1), includ- ‘‘(A) DEFINITION.—In this paragraph, the ‘‘(4) the grant funds shall principally ben-
ing approval of substantial amendments to term ‘hazard-prone areas’— efit persons of low and moderate income as
the plan; ‘‘(i) means areas identified by the Sec- described in subsection (c)(4);
‘‘(B) review a plan submitted under para- retary, in consultation with the Adminis- ‘‘(5) for grants other than grants to Indian
graph (1) upon receipt of the plan; trator of the Federal Emergency Manage- tribes, within 24 months of receiving a grant
‘‘(C) allow a grantee to revise and resubmit ment Agency, at risk from natural hazards or at the time of its 3 or 5-year update,
a plan or substantial amendment to a plan that threaten property damage or health, whichever is sooner, the grantee will review
under paragraph (1) that the Secretary dis- safety, and welfare, such as floods, wildfires and make modifications to its non-disaster
approves; (including Wildland-Urban Interface areas), housing and community development plans
‘‘(D) by regulation, specify criteria for earthquakes, lava inundation, tornados, and and strategies required by subsections (c)
when the grantee shall be required to provide high winds; and and (m) of section 104 to reflect the disaster
the required revisions to a disapproved plan ‘‘(ii) includes areas having special flood recovery needs identified by the grantee and
or substantial amendment under paragraph hazards as identified under the Flood Dis- consistency with the plan under subsection
(1) for public comment prior to resubmission aster Protection Act of 1973 (42 U.S.C. 4002 et (c)(I);
of the plan or substantial amendment to the seq.) or the National Flood Insurance Act of ‘‘(6) the grantee will not attempt to re-
Secretary; and 1968 (42 U.S.C. 4001 et seq.).
‘‘(E) approve, partially approve, or dis- cover any capital costs of public improve-
‘‘(B) HAZARD-PRONE AREAS.—The Secretary, ments assisted in whole or part under this
approve a plan or substantial amendment in consultation with the Administrator of
under paragraph (1) not later than 60 days section by assessing any amount against
the Federal Emergency Management Agen- properties owned and occupied by persons of
after the date on which the plan or substan- cy, shall establish minimum construction
tial amendment is received by the Secretary. low and moderate income, including any fee
standards, insurance purchase requirements,
‘‘(4) LOW- AND MODERATE-INCOME OVERALL charged or assessment made as a condition
and other requirements for the use of grant
BENEFIT.— of obtaining access to such public improve-
funds in hazard-prone areas.
‘‘(A) USE OF FUNDS.—Not less than 70 per- ‘‘(C) SPECIAL FLOOD HAZARDS.—For the ments, unless—
cent of a grant made under this section shall ‘‘(A) funds received under this section are
areas described in subparagraph (A)(ii), the
be used for activities that benefit persons of used to pay the proportion of such fee or as-
insurance purchase requirements established
low and moderate income unless the Sec- sessment that relates to the capital costs or
under subparagraph (13) shall meet or exceed
retary— the requirements under section 102(a) of the such public improvements that are financed
‘‘(i) specifically finds that— Flood Disaster Protection Act of 1973 (42 from revenue sources other than under this
‘‘(I) there is compelling need to reduce the U.S.C. 4012a(a)). chapter; or
percentage for the grant; and ‘‘(D) CONSIDERATION OF FUTURE RISKS.—The ‘‘(B) for purposes of assessing any amount
‘‘(II) the housing needs of low- and mod- Secretary may consider future risks to pro- against properties owned and occupied by
erate-income residents have been addressed; tecting property and health, safety, and gen- persons of moderate income, the grantee cer-
and eral welfare, and the likelihood of those tifies to the Secretary that the grantee lacks
‘‘(ii) issues a waiver and alternative re- risks, when making the determination of or sufficient funds received under this section
quirements pursuant to subsection (i) to modification to hazard-prone areas under to comply with the requirements of subpara-
lower the percentage. this paragraph. graph (A);
‘‘(B) REGULATIONS.—The Secretary shall, ‘‘(8) RELOCATION.— ‘‘(7) the grantee will comply with the other
by regulation, establish protocols consistent ‘‘(A) IN GENERAL.—The Uniform Relocation provisions of this title that apply to assist-
with the findings of the Reforming Disaster Assistance and Real Property Acquisition ance under this section and with other appli-
Recovery Act to prioritize the use of funds Policies Act of 1970 (42 U.S.C. 4601 et seq.) cable laws;
by a grantee under this section to meet the shall apply to activities assisted under this ‘‘(8) the grantee will follow a relocation as-
needs or low- and moderate income persons section to the extent determined by the Sec- sistance policy that includes any minimum
and businesses serving primarily persons of retary in regulation, or as provided in waiv- requirements identified by the Secretary;
low and moderate income. ers and alternative requirements authorized and
‘‘(5) PRIORITIZATION.—The grantee shall in accordance with subsection (i). ‘‘(9) the grantee will adhere to construc-
prioritize activities that— ‘‘(B) POLICY.—Each grantee under this sec- tion standards, insurance purchase require-
‘‘(A) assist persons with extremely low, tion shall establish a relocation assistance ments, and other requirements for develop-
low, and moderate incomes and other vulner- policy that— ment in hazard-prone areas described in sub-
able populations to better recover from and ‘‘(i) minimizes displacement and describes section (c)(7).
withstand future disasters, emphasizing the benefits available to persons displaced as ‘‘(e) Performance Reviews and Reporting.—
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those with the most severe needs; a direct result of acquisition, rehabilitation, ‘‘(1) IN GENERAL.—The Secretary shall, on
‘‘(B) address affordable housing, including or demolition in connection with an activity not less frequently than an annual basis,
affordable rental housing, needs arising from that is assisted by a grant under this section; make such reviews and audits as may be nec-
a disaster or those needs present prior to a and essary or appropriate to determine whether a
disaster; ‘‘(ii) includes any appeal rights or other re- grantee under this section has—
‘‘(C) prolong the life of housing and infra- quirements that the Secretary establishes by ‘‘(A) carried out activities using grant
structure; regulation. funds in a timely manner;
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S5254 CONGRESSIONAL RECORD — SENATE August 1, 2021
‘‘(B) met the performance targets estab- mitted by the Secretary by waiver or alter- responsibilities of the recipient with respect
lished by paragraph (2); native requirement pursuant to subsection to the environmental review. approval, or
‘‘(C) carried out activities using grant (i); and permit under section 104(g)(1).
funds in accordance with the requirements of ‘‘(B) shall be related to disaster relief, ‘‘(2) APPROVAL OF RELEASE OF FUNDS.—Not-
this section, the other provisions of this title long-term recovery, restoration of housing withstanding section 104(g)(2), the Secretary
that apply to assistance under this section, and infrastructure, economic revitalization, or a State may. upon receipt of a request for
and other applicable laws; and and mitigation in the most impacted and dis- release of funds and certification, imme-
‘‘(D) a continuing capacity to carry out ac- tressed areas resulting from the major dis- diately approve the release of funds for an
tivities in a timely manner. aster for which the grant was awarded. activity or project to be assisted under this
‘‘(2) PERFORMANCE TARGETS.—The Sec- ‘‘(2) PROHIBITION.—Grant funds under this section if the recipient has adopted an envi-
retary shall develop and make publicly section may not be used for costs reimburs- ronmental review, approval, or permit under
available critical performance targets for re- able by, or for which funds have been made paragraph (1) or the activity or project is
view, which shall include spending thresh- available by, the Federal Emergency Man- categorically excluded from review under the
olds for each year from the date on which agement Agency or the United States Army National Environmental Policy Act of 1969
funds are obligated by the Secretary to the Corps of Engineers. (42 U.S.C. 4321 et seq.).
grantee until such time all funds have been ‘‘(3) ADMINISTRATIVE COSTS, TECHNICAL AS- ‘‘(3) UNITS OF GENERAL LOCAL GOVERN-
expended. SISTANCE AND PLANNING.— MENT.—The provisions of section 104(g)(4)
‘‘(3) FAILURE TO MEET TARGETS.— ‘‘(A) IN GENERAL.—The Secretary shall es- shall apply to assistance under this section
‘‘(A) SUSPENSION.—If a grantee under this tablish in regulation the maximum grant that a State distributes to a unit of general
section fails to meet 1 or more critical per- amounts a grantee may use for administra- local government.
formance targets under paragraph (2), the tive costs, technical assistance and planning ‘‘(h) Financial Controls and Procedures.—
Secretary may temporarily suspend the activities, taking into consideration size of ‘‘(1) IN GENERAL.—The Secretary shall de-
grant. grant, complexity of recovery, and other fac- velop requirements and procedures to dem-
‘‘(13) PERFORMANCE IMPROVEMENT PLAN.—If tors as determined by the Secretary, but not onstrate that a grantee under this section)—
the Secretary suspends a grant under sub- to exceed 10 percent for administration and ‘‘(A) has adequate financial controls and
paragraph (A), the Secretary shall provide to 20 percent in total. procurement processes;
the grantee a performance improvement plan ‘‘(B) AVAILABILITY.—Amounts available for ‘‘(B) has adequate procedures to detect and
with the specific requirements needed to lift administrative costs for a grant under this prevent fraud, waste, abuse and duplication
the suspension within a defined time period. section shall be available for eligible admin- of benefit; and
‘‘(C) REPORT.—If a grantee fails to meet istrative costs of the grantee for any grant ‘‘(C) maintains a comprehensive and pub-
the spending thresholds established under made under this section, without regard to a licly accessible website.
paragraph (2), the grantee shall submit to particular disaster. ‘‘(2) CERTIFICATION.—Before making a
the Secretary, the appropriate committees ‘‘(4) PROGRAM INCOME.—Notwithstanding grant under this section, the Secretary shall
of Congress, and each member of Congress any other provision of law, any grantee certify that the grantee has in place pro-
who represents a district or State of the under this section may retain program in- ficient processes and procedures to comply
grantee a written report identifying tech- come that is realized from grants made by with the requirements developed under para-
nical capacity, funding, or other Federal or the Secretary under this section if the grant- graph (1), as determined by the Secretary.
State impediments affecting the ability of ee agrees that the grantee will utilize the ‘‘(3) COMPLIANCE BEFORE ALLOCATION.—The
the grantee to meet the spending thresholds. program income in accordance with the re- Secretary may permit a State, unit of gen-
‘‘(4) COLLECTION OF INFORMATION AND RE- quirements for grants under this section, ex- eral local government, or Indian tribe to
PORTING.— cept that the Secretary may— demonstrate compliance with the require-
‘‘(A) REQUIREMENT TO REPORT.—A grantee ‘‘(A) by regulation, exclude from consider- ments for adequate financial controls devel-
under this section shall provide to the Sec- ation as program income any amounts deter- oped under paragraph (1) before a disaster oc-
retary such information as the Secretary mined to be so small that compliance with curs and before receiving an allocation for a
may determine necessary for adequate over- this paragraph creates an unreasonable ad- grant under this section.
sight of the grant program under this sec- ministrative burden on the grantee; or ‘‘(4) DUPLICATION OF BENEFITS.—
tion. ‘‘(B) permit the grantee to transfer re- ‘‘(A) IN GENERAL.—Funds made available
‘‘(8) PUBLIC AVAILABILITY.—Subject to sub- maining program income to the other grants under this subsection shall be used in accord-
paragraph (D), the Secretary shall make in- of the grantee under this title upon closeout ance with section 312 of the Robert T. Staf-
formation submitted under subparagraph (A) of the grant. ford Disaster Relief and Emergency Assist-
available to the public and to the Inspector ‘‘(5) PROHIBITION ON USE OF ASSISTANCE FOR ance Act (42 U.S.C. 5155), as amended by sec-
General for the Department of Housing and EMPLOYMENT RELOCATION ACTIVITIES.— tion 1210 of the Disaster Recovery Reform
Urban Development, disaggregated by in- ‘‘(A) IN GENERAL.—Grants under this sec- Act of 2018 (division D of Public Law 115–254),
come, geography, and all classes of individ- tion may not be used to assist directly in the and such rules as may be prescribed under
uals protected under section 109. relocation of any industrial or commercial such section 312.
‘‘(C) SUMMARY STATUS REPORTS.—To in- plant, facility, or operation, from one area to ‘‘(B) PENALTIES.—ln any case in which the
crease transparency and accountability of another area, if the relocation is likely to re- use of grant funds under this section results
the grant program under this section the sult in a significant loss of employment in in a prohibited duplication of benefits, the
Secretary shall, on not less frequently than the labor market area from which the reloca- grantee shall—
an annual basis, post on a public facing dash- tion occurs. ‘‘(i) apply an amount equal to the identi-
board summary status reports for all active ‘‘(B) APPLICABILITY.—The prohibition fied duplication to any allowable costs of the
grants under this section that includes— under subparagraph (A) shall not apply to a award consistent with actual, immediate
‘‘(i) the status or funds by activity; business that was operating in the disaster- cash requirement;
‘‘(ii) the percentages of funds allocated and declared labor market area before the inci- ‘‘(ii) remit any excess amounts to the Sec-
expended to benefit low- and moderate-in- dent date of the applicable disaster and has retary to be credited to the obligated,
come communities; since moved, in whole or in part, from the af- undisbursed balance of the grant consistent
‘‘(iii) performance targets, spending fected area to another State or to a labor with requirements on Federal payments ap-
thresholds, and accomplishments; and market area within the same State to con- plicable to such grantee; and
‘‘(iv) other information the Secretary de- tinue business. ‘‘(iii) if excess amounts under clause (ii)
termines to be relevant for transparency. ‘‘(6) REQUIREMENTS.—Grants under this are identified after the period of performance
‘‘(D) CONSIDERATIONS.—ln carrying out this section are subject to the requirements of or after the closeout of the award, remit
paragraph, the Secretary— this section, the other provisions of this title such amounts to the Secretary to be credited
‘‘(i) shall take such actions as may be nec- that apply to assistance under this section, to the Fund.
essary to ensure that personally identifiable and other applicable laws, unless modified by ‘‘(C) FAILURE TO COMPLY.—A grantee that
information regarding applicants for assist- waivers and alternative requirements in ac- fails to comply with subparagraph (A) shall
ance provided from funds made available cordance with subsection (i). be subject to remedies for noncompliance
under this section is not made publicly avail- ‘‘(g) Environmental Review.— under section 111, unless the Secretary pub-
able; and ‘‘(1) ADOPTION.—A recipient of funds pro- lishes a determination in the Federal Reg-
‘‘(ii) may make full and unredacted infor- vided under this section that uses the funds ister that it is not in the best interest of the
mation available to academic institutions to supplement Federal assistance provided Federal Government to pursue remedial ac-
for the purpose of researching into the equi- under section 402, 403, 404, 406, 407, 408(c)(4), tions.
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table distribution of recovery funds and ad- 428, or 502 of the Robert T. Stafford Disaster ‘‘(i) Waivers.—
herence to civil rights protections. Relief and Emergency Assistance Act (42 ‘‘(1) IN GENERAL.—In administering grants
‘‘(f) Eligible Activities.— U.S.C. 5170a, 5170b, 5170c, 5172, 5173, 5174(c)(4), under this section, the Secretary may waive,
‘‘(1) IN GENERAL.—Activities assisted under 5189f, 5192) may adopt, without review or or specify alternative requirements for, any
this section— public comment, any environmental review, provision of any statute or regulation that
‘‘(A) may include activities permitted approval, or permit performed by a Federal the Secretary administers in connection
under section 105 or other activities per- agency, and that adoption shall satisfy the with the obligation by the Secretary or the
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August 1, 2021 CONGRESSIONAL RECORD — SENATE S5255
use by the grantee of those funds (except for Secretary shall issue final regulations to matching programs, to inform the provision
requirements related to fair housing, non- carry out section 123 of the Housing and of assistance, assess disaster recovery needs,
discrimination, labor standards, the environ- Community Development Act of 1974, as and prevent the duplication of benefits and
ment, and the requirements of this section added by subsection (f). other waste, fraud, and abuse, provided
that do not expressly authorize modifica- (h) Coordination of Disaster Recovery As- that—
tions by waiver or alternative requirement), sistance, Benefits, and Data With Other Fed- (A) the Secretary enters a computer
if the Secretary makes a public finding that eral Agencies.— matching agreement with the Administrator
good cause exists for the waiver or alter- (1) COORDINATION OF DISASTER RECOVERY AS- of the Federal Emergency Management
native requirement and the waiver or alter- SISTANCE.—In order to ensure a comprehen- Agency, the Administrator of the Small
native requirement would not be incon- sive approach to Federal disaster relief, Business Administration, or other Federal
sistent with the findings in the Reforming long-term recovery, restoration of housing agencies covering the transfer of data;
Disaster Recovery Act. and infrastructure, economic revitalization, (B) the Secretary publishes intent to dis-
‘‘(2) EFFECTIVE DATE.—A waiver or alter- and mitigation in the most impacted and dis- close data in the Federal Register; and
native requirement described in paragraph tressed areas resulting from a catastrophic (C) notwithstanding paragraphs (1) and (2),
(1) shall not take effect before the date that major disaster, the Secretary shall coordi- section 552a of title 5, United States Code
is 5 days after the date of publication of the nate with the Federal Emergency Manage- (commonly known as the ‘‘Privacy Act of
waiver or alternative requirement on the ment Agency, to the greatest extent prac- 1974’’), or any other law, the Secretary is au-
website of the Department of Housing and ticable, in the implementation of assistance thorized to share data with an entity identi-
Urban Development or the effective date for authorized under section 123 of the Housing fied in paragraph (4), and the entity is au-
any regulation published in the Federal Reg- and Community Development Act of 1974, as thorized to use the data as described in this
ister. added by subsection (f). subsection, if the Secretary enters a data
‘‘(3) PUBLIC NOTIFICATION.—The Secretary (2) DATA SHARING AGREEMENTS.—To support sharing agreement with the entity before
shall notify the public of all waivers de- the coordination of data to prevent duplica- sharing or receiving any information under
scribed in paragraph (1) in accordance with tion of benefits with other Federal disaster transfers authorized by this subsection,
the requirements of section 7(q)(3) of the De- recovery programs while also expediting re- which data sharing agreement shall—
partment of Housing and Urban Development covery and reducing burden on disaster sur- (i) in the determination of the Secretary,
Act (42 U.S.C. 3535(q)(3)). vivors, the Department shall establish data include measures adequate to safeguard the
‘‘(j) Unused Amounts.— sharing agreements that safeguard privacy privacy and personally identifiable informa-
‘‘(1) DEADLINE TO USE AMOUNTS.—A grantee with relevant Federal agencies to ensure dis- tion of individuals; and
under this section shall use an amount equal aster benefits effectively and efficiently (ii) include provisions that describe how
to the grant within 6 years beginning on the reach intended beneficiaries, while using ef- the personally identifiable information of an
date on which the Secretary obligates the fective means of preventing harm to people individual will be adequately safeguarded
amounts to the grantee, as such period may and property. and protected, which requires consultation
be extended under paragraph (4). (3) DATA TRANSFER FROM FEMA AND SBA TO with the Secretary and the head of each Fed-
‘‘(2) RECAPTURE.—The Secretary shall re- HUD.—As permitted and deemed necessary eral agency the data of which is being shared
capture and credit to the Fund any amount for efficient program execution, and con- subject to the agreement.
that is unused by a grantee under this sec- sistent with a computer matching agreement ---
tion upon the earlier of— entered into under paragraph (6)(A), the Ad- SA 2137. Mr. SCHUMER (for Ms.
‘‘(A) the date on which the grantee notifies ministrator of the Federal Emergency Man- SINEMA (for herself, Mr. PORTMAN, Mr.
the Secretary that the grantee has com- agement Agency and the Administrator of MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
pleted all activities identified in the disaster the Small Business Administration shall pro-
grantee’s plan under subsection (c); or Ms. COLLINS, Mr. TESTER, Ms. MUR-
vide data on disaster applicants to the De-
‘‘(B) the expiration of the 6-year period de- KOWSKI, Mr. WARNER, and Mr. ROMNEY))
partment including, when necessary, person-
scribed in paragraph (1), as such period may ally identifiable information, disaster recov- proposed an amendment to the bill
be extended under paragraph (4). ery needs, and resources determined eligible H.R. 3684, to authorize funds for Fed-
‘‘(3) RETENTION OF FUNDS.—Notwith- eral-aid highways, highway safety pro-
for, and amounts expended, to the Secretary
standing paragraph (1), the Secretary may grams, and transit programs, and for
for all major disasters declared by the Presi-
allow a grantee under this section to re-
tain—
dent pursuant to section 401 of Robert T. other purposes; as follows:
Stafford Disaster Relief and Emergency As- Strike all after the enacting clause and in-
‘‘(A) amounts needed to close out grants,
sistance Act (42 U.S.C. 5170) for the purpose sert the following:
and
‘‘(B) up to 10 percent of the remaining of providing additional assistance to disaster SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
funds to support maintenance of the minimal survivors and prevent duplication of bene- (a) SHORT TITLE.—This Act may be cited as
capacity to launch a new program in the fits. the ‘‘Infrastructure Investment and Jobs
event of a future disaster and to support (4) DATA TRANSFERS FROM HUD TO HUD
Act’’.
GRANTEES.—The Secretary is authorized to
predisaster long-term recovery and mitiga- (b) TABLE OF CONTENTS.—The table of con-
provide to grantees under section 123 of the tents for this Act is as follows:
tion planning.
‘‘(4) EXTENSION OF PERIOD FOR USE OF Housing and Community Development Act of
1974, as added by subsection (f), offices of the Sec. 1. Short title; table of contents.
FUNDS.—The Secretary may extend the 6- Sec. 2. References.
year period described in paragraph (1) by not Department, technical assistance providers,
and lenders information that in the deter- DIVISION A—SURFACE
more than 4 years, or not more than 6 years TRANSPORTATION
for mitigation activities, if— mination or the Secretary is reasonably
‘‘(A) the grantee submits to the Sec- available and appropriate to inform the pro- Sec. 10001. Short title.
retary— vision of assistance after a major disaster, Sec. 10002. Definitions.
‘‘(i) written documentation of the exigent including information provided to the Sec- Sec. 10003. Effective date.
circumstances impacting the ability of the retary by the Administrator of the Federal TITLE I—FEDERAL-AID HIGHWAYS
grantee to expend funds that could not be Emergency Management Agency, the Admin- Subtitle A—Authorizations and Programs
anticipated; or istrator of the Small Business Administra- Sec. 11101. Authorization of appropriations.
‘‘(ii) a justification that such request is tion, or other Federal agencies. Sec. 11102. Obligation ceiling.
necessary due to the nature and complexity (5) DATA TRANSFERS FROM HUD GRANTEES TO Sec. 11103. Definitions.
of the program and projects; and HUD, FEMA, AND SBA.— Sec. 11104. Apportionment.
‘‘(B) the Secretary submits a written jus- (A) REPORTING—Grantees under section 123 Sec. 11105. National highway performance
tification for the extension to the Commit- of the Housing and Community Development program.
tees on Appropriations of Senate and the Act of 1974, as added by subsection (f), shall Sec. 11106. Emergency relief.
House of Representatives that specifies the report information requested by the Sec- Sec. 11107. Federal share payable.
period of that extension.’’. retary on households, businesses, and other Sec. 11108. Railway-highway grade crossings.
(g) Regulations.— entities assisted and the type of assistance Sec. 11109. Surface transportation block
(1) PROPOSED RULES.—Following consulta- provided. grant program.
tion with the Federal Emergency Manage- (B) SHARING INFORMATION.—The Secretary Sec. 11110. Nationally significant freight and
ment Agency, the Small Business Adminis- shall share information collected under sub- highway projects.
tration, and other Federal agencies, not paragraph (A) with the Federal Emergency Sec. 11111. Highway safety improvement
later than 6 months after the date of enact- Management Agency, the Small Business Ad- program.
dlhill on DSK120RN23PROD with SENATE
ment of this Act, the Secretary shall issue ministration, and other Federal agencies to Sec. 11112. Federal lands transportation pro-
proposed rules to carry out this section and support the planning and delivery of disaster gram.
the amendments made by this section and recovery and mitigation assistance. Sec. 11113. Federal lands access program.
shall provide a 90-day period for submission (6) PRIVACY PROTECTION.—The Secretary Sec. 11114. National highway freight pro-
of public comments on those proposed rules, may make and receive data transfers author- gram.
(2) FINAL RULES.—Not later than 1 year ized under this subsection, including the use Sec. 11115. Congestion mitigation and air
after the date of enactment of this Act, the and retention of that data for computer quality improvement program.
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S5256 CONGRESSIONAL RECORD — SENATE August 1, 2021
Sec. 11116. Alaska Highway. Sec. 11404. Congestion relief program. Sec. 14002. Environmental reviews for cer-
Sec. 11117. Toll roads, bridges, tunnels, and Sec. 11405. Promoting Resilient Operations tain tribal transportation fa-
ferries. for Transformative, Efficient, cilities.
Sec. 11118. Bridge investment program. and Cost-saving Transportation Sec. 14003. Programmatic agreements for
Sec. 11119. Safe routes to school. (PROTECT) program. tribal categorical exclusions.
Sec. 11120. Highway use tax evasion projects. Sec. 11406. Healthy Streets program. Sec. 14004. Use of certain tribal transpor-
Sec. 11121. Construction of ferry boats and Subtitle E—Miscellaneous tation funds.
ferry terminal facilities. Sec. 11501. Additional deposits into Highway Sec. 14005. Bureau of Indian Affairs road
Sec. 11122. Vulnerable road user research. Trust Fund. maintenance program.
Sec. 11123. Wildlife crossing safety. Sec. 11502. Stopping threats on pedestrians. Sec. 14006. Study of road maintenance on In-
Sec. 11124. Consolidation of programs. Sec. 11503. Transfer and sale of toll credits. dian land.
Sec. 11125. GAO report. Sec. 11504. Study of impacts on roads from Sec. 14007. Maintenance of certain Indian
Sec. 11126. Territorial and Puerto Rico high- self-driving vehicles. reservation roads.
way program. Sec. 11505. Disaster relief mobilization Sec. 14008. Tribal transportation safety
Sec. 11127. Nationally significant Federal study. needs.
lands and Tribal projects pro- Sec. 11506. Appalachian Regional Commis- Sec. 14009. Office of Tribal Government Af-
gram. sion. fairs.
Sec. 11128. Tribal high priority projects pro- Sec. 11507. Denali Commission. DIVISION B—SURFACE TRANSPOR-
gram. Sec. 11508. Requirements for transportation TATION INVESTMENT ACT OF 2021
Sec. 11129. Standards. projects carried out through
Sec. 11130. Public transportation. Sec. 20001. Short title.
public-private partnerships. Sec. 20002. Definitions.
Sec. 11131. Reservation of certain funds. Sec. 11509. Reconnecting communities pilot
Sec. 11132. Rural surface transportation TITLE I—MULTIMODAL AND FREIGHT
program.
grant program. Sec. 11510. Cybersecurity tool; cyber coordi- TRANSPORTATION
Sec. 11133. Bicycle transportation and pedes- nator. Subtitle A—Multimodal Freight Policy
trian walkways. Sec. 11511. Report on emerging alternative Sec. 21101. Office of Multimodal Freight In-
Sec. 11134. Recreational trails program. fuel vehicles and infrastruc- frastructure and Policy.
Sec. 11135. Updates to Manual on Uniform ture. Sec. 21102. Updates to National Freight
Traffic Control Devices. Sec. 11512. Nonhighway recreational fuel Plan.
Subtitle B—Planning and Performance study. Sec. 21103. State collaboration with Na-
Management Sec. 11513. Buy America. tional Multimodal Freight Net-
Sec. 11201. Transportation planning. Sec. 11514. High priority corridors on the work.
Sec. 11202. Fiscal constraint on long-range National Highway System. Sec. 21104. Improving State freight plans.
transportation plans. Sec. 11515. Interstate weight limits. Sec. 21105. Implementation of National
Sec. 11516. Report on air quality improve- Multimodal Freight Network.
Sec. 11203. State human capital plans.
ments. Sec. 21106. Multi-State freight corridor plan-
Sec. 11204. Prioritization process pilot pro-
Sec. 11517. Roadside highway safety hard- ning.
gram.
ware. Sec. 21107. State freight advisory commit-
Sec. 11205. Travel demand data and mod-
Sec. 11518. Permeable pavements study. tees.
eling. Sec. 11519. Emergency relief projects.
Sec. 11206. Increasing safe and accessible Sec. 11520. Study on stormwater best man- Subtitle B—Multimodal Investment
transportation options. agement practices. Sec. 21201. National infrastructure project
Subtitle C—Project Delivery and Process Sec. 11521. Stormwater best management assistance.
Improvement practices reports. Sec. 21202. Local and regional project assist-
Sec. 11301. Codification of One Federal Deci- Sec. 11522. Invasive plant elimination pro- ance.
sion. gram. Sec. 21203. National culvert removal, re-
Sec. 11302. Work zone process reviews. Sec. 11523. Over-the-road bus tolling equity. placement, and restoration
Sec. 11303. Transportation management Sec. 11524. Bridge terminology. grant program.
plans. Sec. 11525. Technical corrections. Sec. 21204. National multimodal cooperative
Sec. 11304. Intelligent transportation sys- Sec. 11526. Working group on covered re- freight research program.
tems. sources. Sec. 21205. Rural and Tribal infrastructure
Sec. 11305. Alternative contracting methods. Sec. 11527. Blood transport vehicles. advancement.
Sec. 11306. Flexibility for projects. Sec. 11528. Pollinator-friendly practices on Subtitle C—Railroad Rehabilitation and
Sec. 11307. Improved Federal-State steward- roadsides and highway rights- Improvement Financing Reforms
ship and oversight agreements. of-way.
Sec. 11529. Active transportation infrastruc- Sec. 21301. RRIF codification and reforms.
Sec. 11308. Geomatic data. Sec. 21302. Substantive criteria and stand-
ture investment program.
Sec. 11309. Evaluation of projects within an ards.
operational right-of-way. TITLE II—TRANSPORTATION INFRA- Sec. 21303. Semiannual report on transit-ori-
Sec. 11310. Preliminary engineering. STRUCTURE FINANCE AND INNOVA- ented development eligibility.
Sec. 11311. Efficient implementation of TION
TITLE II—RAIL
NEPA for Federal land manage- Sec. 12001. Transportation Infrastructure Fi-
ment projects. nance and Innovation Act of Sec. 22001. Short title.
Sec. 11312. National Environmental Policy 1998 amendments. Subtitle A—Authorization of Appropriations
Act of 1969 reporting program. TITLE III—RESEARCH, TECHNOLOGY, Sec. 22101. Grants to Amtrak.
Sec. 11313. Surface transportation project AND EDUCATION Sec. 22102. Federal Railroad Administration.
delivery program written agree- Sec. 13001. Strategic innovation for revenue Sec. 22103. Consolidated rail infrastructure
ments. collection. and safety improvements
Sec. 11314. State assumption of responsi- Sec. 13002. National motor vehicle per-mile grants.
bility for categorical exclu- user fee pilot. Sec. 22104. Railroad crossing elimination
sions. Sec. 13003. Performance management data program.
Sec. 11315. Early utility relocation prior to support program. Sec. 22105. Restoration and enhancement
transportation project environ- Sec. 13004. Data integration pilot program. grants.
mental review. Sec. 13005. Emerging technology research Sec. 22106. Federal-State partnership for
Sec. 11316. Streamlining of section 4(f) re- pilot program. intercity passenger rail grants.
views. Sec. 13006. Research and technology develop- Sec. 22107. Amtrak Office of Inspector Gen-
Sec. 11317. Categorical exclusion for projects ment and deployment. eral.
of limited Federal assistance. Sec. 13007. Workforce development, training, Subtitle B—Amtrak Reforms
Sec. 11318. Certain gathering lines located and education. Sec. 22201. Amtrak findings, mission, and
on Federal land and Indian Sec. 13008. Wildlife-vehicle collision re- goals.
land. search. Sec. 22202. Composition of Amtrak’s Board
Sec. 11319. Annual report. Sec. 13009. Transportation Resilience and
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of Directors.
Subtitle D—Climate Change Adaptation Centers of Excel- Sec. 22203. Station agents.
Sec. 11401. Grants for charging and fueling lence. Sec. 22204. Increasing oversight of changes
Sec. 13010. Transportation access pilot pro- to Amtrak long-distance routes
infrastructure.
gram. and other intercity services.
Sec. 11402. Reduction of truck emissions at
port facilities. TITLE IV—INDIAN AFFAIRS Sec. 22205. Improved oversight of Amtrak
Sec. 11403. Carbon reduction program. Sec. 14001. Definition of Secretary. accounting.
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August 1, 2021 CONGRESSIONAL RECORD — SENATE S5257
Sec. 22206. Improved oversight of Amtrak Sec. 23006. Study of commercial motor vehi- Sec. 24218. National Driver Register Advi-
spending. cle crash causation. sory Committee repeal.
Sec. 22207. Increasing service line and asset Sec. 23007. Promoting women in the truck- Sec. 24219. Research on connected vehicle
line plan transparency. ing workforce. technology.
Sec. 22208. Passenger experience enhance- Sec. 23008. State inspection of passenger- Sec. 24220. Advanced impaired driving tech-
ment. carrying commercial motor ve- nology.
Sec. 22209. Amtrak smoking policy. hicles. Sec. 24221. GAO report on crash dummies.
Sec. 22210. Protecting Amtrak routes Sec. 23009. Truck Leasing Task Force. Sec. 24222. Child safety.
through rural communities. Sec. 23010. Automatic emergency braking. TITLE V—RESEARCH AND INNOVATION
Sec. 22211. State-Supported Route Com- Sec. 23011. Underride protection.
Sec. 23012. Providers of recreational activi- Sec. 25001. Intelligent Transportation Sys-
mittee.
Sec. 22212. Enhancing cross border service. ties. tems Program Advisory Com-
Sec. 22213. Creating quality jobs. Sec. 23013. Amendments to regulations re- mittee.
Sec. 22214. Amtrak daily long-distance serv- lating to transportation of Sec. 25002. Smart Community Resource Cen-
ice study. household goods in interstate ter.
commerce. Sec. 25003. Federal support for local deci-
Subtitle C—Intercity Passenger Rail Policy sionmaking.
Sec. 23014. Improving Federal-State motor
Sec. 22301. Northeast Corridor planning. Sec. 25004. Bureau of Transportation Statis-
Sec. 22302. Northeast Corridor Commission. carrier safety enforcement co-
ordination. tics.
Sec. 22303. Consolidated rail infrastructure Sec. 25005. Strengthening mobility and revo-
and safety improvements. Sec. 23015. Limousine research.
Sec. 23016. National Consumer Complaint lutionizing transportation
Sec. 22304. Restoration and enhancement grant program.
grants. Database.
Sec. 23017. Electronic logging device over- Sec. 25006. Electric vehicle working group.
Sec. 22305. Railroad crossing elimination Sec. 25007. Risk and system resilience.
program. sight.
Sec. 23018. Transportation of agricultural Sec. 25008. Coordination on emerging trans-
Sec. 22306. Interstate rail compacts. portation technology.
Sec. 22307. Federal-State partnership for commodities and farm supplies.
Sec. 23019. Modification of restrictions on Sec. 25009. Interagency Infrastructure Per-
intercity passenger rail grants. mitting Improvement Center.
Sec. 22308. Corridor identification and devel- certain commercial driver’s li-
censes. Sec. 25010. Rural opportunities to use trans-
opment program. portation for economic success
Sec. 22309. Surface Transportation Board Sec. 23020. Report on human trafficking vio-
lations involving commercial initiative.
passenger rail program. Sec. 25011. Safety data initiative.
motor vehicles.
Subtitle D—Rail Safety Sec. 23021. Broker guidance relating to Fed- Sec. 25012. Advanced transportation re-
Sec. 22401. Railway-highway crossings pro- eral motor carrier safety regu- search.
gram evaluation. lations. Sec. 25013. Open research initiative.
Sec. 22402. Grade crossing accident pre- Sec. 23022. Apprenticeship pilot program. Sec. 25014. Transportation research and de-
diction model. velopment 5-year strategic
TITLE IV—HIGHWAY AND MOTOR plan.
Sec. 22403. Periodic updates to highway-rail VEHICLE SAFETY
crossing reports and plans. Sec. 25015. Research planning modifications.
Sec. 22404. Blocked crossing portal. Subtitle A—Highway Traffic Safety Sec. 25016. Incorporation of Department of
Sec. 22405. Data accessibility. Sec. 24101. Authorization of appropriations. Transportation research.
Sec. 22406. Emergency lighting. Sec. 24102. Highway safety programs. Sec. 25017. University transportation centers
Sec. 22407. Comprehensive rail safety review Sec. 24103. Highway safety research and de- program.
of Amtrak. velopment. Sec. 25018. National travel and tourism in-
Sec. 22408. Completion of hours of service Sec. 24104. High-visibility enforcement pro- frastructure strategic plan.
and fatigue studies. grams. Sec. 25019. Local hiring preference for con-
Sec. 22409. Positive train control study. Sec. 24105. National priority safety pro- struction jobs.
Sec. 22410. Operating crew member training, grams. Sec. 25020. Transportation workforce devel-
qualification, and certification. Sec. 24106. Multiple substance-impaired opment.
Sec. 22411. Transparency and safety. driving prevention. Sec. 25021. Intermodal Transportation Advi-
Sec. 22412. Research and development. Sec. 24107. Minimum penalties for repeat of- sory Board repeal.
Sec. 22413. Rail research and development fenders for driving while intoxi- Sec. 25022. GAO cybersecurity recommenda-
center of excellence. cated or driving under the in- tions.
Sec. 22414. Quarterly report on positive train fluence. Sec. 25023. Volpe oversight.
control system performance. Sec. 24108. Crash data. Sec. 25024. Modifications to grant program.
Sec. 22415. Speed limit action plans. Sec. 24109. Review of Move Over or Slow Sec. 25025. Drug-impaired driving data col-
Sec. 22416. New passenger service pre-rev- Down Law public awareness. lection.
enue safety validation plan. Sec. 24110. Review of laws, safety measures, Sec. 25026. Report on marijuana research.
Sec. 22417. Federal Railroad Administration and technologies relating to Sec. 25027. GAO study on improving the effi-
accident and incident investiga- school buses. ciency of traffic systems.
tions. Sec. 24111. Motorcyclist Advisory Council.
TITLE VI—HAZARDOUS MATERIALS
Sec. 22418. Civil penalty enforcement au- Sec. 24112. Safe Streets and Roads for All
thority. grant program. Sec. 26001. Authorization of appropriations.
Sec. 22419. Advancing safety and innovative Sec. 24113. Implementation of GAO rec- Sec. 26002. Assistance for local emergency
technology. ommendations. response training grant pro-
Sec. 22420. Passenger rail vehicle occupant gram.
Subtitle B—Vehicle Safety
protection systems. Sec. 26003. Real-time emergency response in-
Sec. 24201. Authorization of appropriations. formation.
Sec. 22421. Federal Railroad Administration Sec. 24202. Recall completion.
reporting requirements. Sec. 24203. Recall engagement. TITLE VII—GENERAL PROVISIONS
Sec. 22422. National Academies study on Sec. 24204. Motor vehicle seat back safety Sec. 27001. Performance measurement,
trains longer than 7,500 feet. standards. transparency, and account-
Sec. 22423. High-speed train noise emissions. ability.
Sec. 24205. Automatic shutoff.
Sec. 22424. Critical incident stress plans. Sec. 27002. Coordination regarding forced
Sec. 24206. Petitions by interested persons
Sec. 22425. Requirements for railroad freight labor.
for standards and enforcement.
cars placed into service in the Sec. 27003. Department of Transportation
Sec. 24207. Child safety seat accessibility
United States. spectrum audit.
study.
Sec. 22426. Railroad point of contact for pub- Sec. 27004. Study and reports on the travel
Sec. 24208. Crash avoidance technology.
lic safety issues. and tourism activities of the
Sec. 24209. Reduction of driver distraction.
Sec. 22427. Controlled substances testing for Department.
Sec. 24210. Rulemaking report.
mechanical employees.
Sec. 24211. Global harmonization. TITLE VIII—SPORT FISH RESTORATION
TITLE III—MOTOR CARRIER SAFETY Sec. 24212. Headlamps. AND RECREATIONAL BOATING SAFETY
dlhill on DSK120RN23PROD with SENATE
Sec. 23001. Authorization of appropriations. Sec. 24213. New Car Assessment Program.
Sec. 28001. Sport fish restoration and rec-
Sec. 23002. Motor carrier safety advisory Sec. 24214. Hood and bumper standards.
reational boating safety.
committee. Sec. 24215. Emergency medical services and
Sec. 23003. Combating human trafficking. 9-1-1. DIVISION C—TRANSIT
Sec. 23004. Immobilization grant program. Sec. 24216. Early warning reporting. Sec. 30001. Definitions.
Sec. 23005. Commercial motor vehicle en- Sec. 24217. Improved vehicle safety data- Sec. 30002. Metropolitan transportation
forcement training and support. bases. planning.
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S5258 CONGRESSIONAL RECORD — SENATE August 1, 2021
Sec. 30003. Statewide and nonmetropolitan Sec. 40207. Battery processing and manufac- Sec. 40412. Data collection in the electricity
transportation planning. turing. sector.
Sec. 30004. Planning programs. Sec. 40208. Electric drive vehicle battery re- Sec. 40413. Expansion of energy consumption
Sec. 30005. Fixed guideway capital invest- cycling and second-life applica- surveys.
ment grants. tions program. Sec. 40414. Data collection on electric vehi-
Sec. 30006. Formula grants for rural areas. Sec. 40209. Advanced energy manufacturing cle integration with the elec-
Sec. 30007. Public transportation innovation. and recycling grant program. tricity grids.
Sec. 30008. Bus testing facilities. Sec. 40210. Critical minerals mining and re- Sec. 40415. Plan for the modeling and fore-
Sec. 30009. Transit-oriented development. cycling research. casting of demand for minerals
Sec. 30010. General provisions. Sec. 40211. 21st Century Energy Workforce used in the energy sector.
Sec. 30011. Public transportation emergency Advisory Board. Sec. 40416. Expansion of international en-
relief program. TITLE III—FUELS AND TECHNOLOGY ergy data.
Sec. 30012. Public transportation safety pro- INFRASTRUCTURE INVESTMENTS Sec. 40417. Plan for the National Energy
gram. Modeling System.
Sec. 30013. Administrative provisions. Subtitle A—Carbon Capture, Utilization,
Storage, and Transportation Infrastructure Sec. 40418. Report on costs of carbon abate-
Sec. 30014. National transit database. ment in the electricity sector.
Sec. 30015. Apportionment of appropriations Sec. 40301. Findings.
Sec. 40419. Harmonization of efforts and
for formula grants. Sec. 40302. Carbon utilization program.
data.
Sec. 30016. State of good repair grants. Sec. 40303. Carbon capture technology pro-
Sec. 30017. Authorizations. gram. Subtitle C—Miscellaneous
Sec. 30018. Grants for buses and bus facili- Sec. 40304. Carbon dioxide transportation in- Sec. 40431. Consideration of measures to pro-
ties. frastructure finance and inno- mote greater electrification of
Sec. 30019. Washington Metropolitan Area vation. the transportation sector.
Transit Authority safety, ac- Sec. 40305. Carbon storage validation and Sec. 40432. Office of public participation.
countability, and investment. testing. Sec. 40433. Digital climate solutions report.
DIVISION D—ENERGY Sec. 40306. Secure geologic storage permit- Sec. 40434. Study and report by the Sec-
ting. retary of Energy on job loss and
Sec. 40001. Definitions. Sec. 40307. Geologic carbon sequestration on impacts on consumer energy
TITLE I—GRID INFRASTRUCTURE AND the outer Continental Shelf. costs due to the revocation of
RESILIENCY Sec. 40308. Carbon removal. the permit for the Keystone XL
Subtitle A—Grid Infrastructure Resilience Subtitle B—Hydrogen Research and pipeline.
and Reliability Development Sec. 40435. Study on impact of electric vehi-
Sec. 40101. Preventing outages and enhanc- Sec. 40311. Findings; purpose. cles.
ing the resilience of the electric Sec. 40312. Definitions. Sec. 40436. Study on impact of forced labor
grid. Sec. 40313. Clean hydrogen research and de- in China on the electric vehicle
Sec. 40102. Hazard mitigation using disaster velopment program. supply chain.
assistance. Sec. 40314. Additional clean hydrogen pro- TITLE V—ENERGY EFFICIENCY AND
Sec. 40103. Electric grid reliability and resil- grams. BUILDING INFRASTRUCTURE
ience research, development, Sec. 40315. Clean hydrogen production quali-
Subtitle A—Residential and Commercial
and demonstration. fications.
Energy Efficiency
Sec. 40104. Utility demand response. Subtitle C—Nuclear Energy Infrastructure
Sec. 40105. Siting of interstate electric Sec. 40501. Definitions.
transmission facilities. Sec. 40321. Infrastructure planning for micro Sec. 40502. Energy efficiency revolving loan
Sec. 40106. Transmission facilitation pro- and small modular nuclear re- fund capitalization grant pro-
gram. actors. gram.
Sec. 40107. Deployment of technologies to Sec. 40322. Property interests relating to Sec. 40503. Energy auditor training grant
enhance grid flexibility. certain projects and protection program.
Sec. 40108. State energy security plans. of information relating to cer-
Subtitle B—Buildings
Sec. 40109. State energy program. tain agreements.
Sec. 40323. Civil nuclear credit program. Sec. 40511. Cost-effective codes implementa-
Sec. 40110. Power marketing administration
Subtitle D—Hydropower tion for efficiency and resil-
transmission borrowing author-
ience.
ity. Sec. 40331. Hydroelectric production incen- Sec. 40512. Building, training, and assess-
Sec. 40111. Study of codes and standards for tives. ment centers.
use of energy storage systems Sec. 40332. Hydroelectric efficiency improve- Sec. 40513. Career skills training.
across sectors. ment incentives. Sec. 40514. Commercial building energy con-
Sec. 40112. Demonstration of electric vehicle Sec. 40333. Maintaining and enhancing sumption information sharing.
battery second-life applications hydroelectricity incentives.
for grid services. Sec. 40334. Pumped storage hydropower wind Subtitle C—Industrial Energy Efficiency
Sec. 40113. Columbia Basin power manage- and solar integration and sys- PART I—INDUSTRY
ment. tem reliability initiative. Sec. 40521. Future of industry program and
Subtitle B—Cybersecurity Sec. 40335. Authority for pumped storage hy- industrial research and assess-
Sec. 40121. Enhancing grid security through dropower development using ment centers.
public-private partnerships. multiple Bureau of Reclama- Sec. 40522. Sustainable manufacturing ini-
Sec. 40122. Energy Cyber Sense program. tion reservoirs. tiative.
Sec. 40123. Incentives for advanced cyberse- Sec. 40336. Limitations on issuance of cer- PART II—SMART MANUFACTURING
curity technology investment. tain leases of power privilege.
Sec. 40531. Definitions.
Sec. 40124. Rural and municipal utility ad- Subtitle E—Miscellaneous Sec. 40532. Leveraging existing agency pro-
vanced cybersecurity grant and Sec. 40341. Solar energy technologies on cur- grams to assist small and me-
technical assistance program. rent and former mine land. dium manufacturers.
Sec. 40125. Enhanced grid security. Sec. 40342. Clean energy demonstration pro- Sec. 40533. Leveraging smart manufacturing
Sec. 40126. Cybersecurity plan. gram on current and former infrastructure at National Lab-
Sec. 40127. Savings provision. mine land. oratories.
TITLE II—SUPPLY CHAINS FOR CLEAN Sec. 40343. Leases, easements, and rights-of- Sec. 40534. State manufacturing leadership.
ENERGY TECHNOLOGIES way for energy and related pur- Sec. 40535. Report.
Sec. 40201. Earth Mapping Resources Initia- poses on the outer Continental Subtitle D—Schools and Nonprofits
tive. Shelf.
Sec. 40541. Grants for energy efficiency im-
Sec. 40202. National Cooperative Geologic TITLE IV—ENABLING ENERGY INFRA-
provements and renewable en-
Mapping Program. STRUCTURE INVESTMENT AND DATA
ergy improvements at public
Sec. 40203. National Geological and Geo- COLLECTION
school facilities.
physical Data Preservation Subtitle A—Department of Energy Loan Sec. 40542. Energy efficiency materials pilot
dlhill on DSK120RN23PROD with SENATE
Program. Program program.
Sec. 40204. USGS energy and minerals re-
Sec. 40401. Department of Energy loan pro- Subtitle E—Miscellaneous
search facility.
grams.
Sec. 40205. Rare earth elements demonstra- Sec. 40551. Weatherization assistance pro-
tion facility. Subtitle B—Energy Information gram.
Sec. 40206. Critical minerals supply chains Administration Sec. 40552. Energy Efficiency and Conserva-
and reliability. Sec. 40411. Definitions. tion Block Grant Program.
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August 1, 2021 CONGRESSIONAL RECORD — SENATE S5259
Sec. 40553. Survey, analysis, and report on TITLE XII—MISCELLANEOUS Sec. 50220. Clean watersheds needs survey.
employment and demographics Sec. 41201. Office of Clean Energy Dem- Sec. 50221. Water Resources Research Act
in the energy, energy effi- onstrations. amendments.
ciency, and motor vehicle sec- Sec. 41202. Extension of Secure Rural Sec. 50222. Enhanced aquifer use and re-
tors of the United States. Schools and Community Self- charge.
Sec. 40554. Assisting Federal Facilities with Determination Act of 2000. DIVISION F—BROADBAND
Energy Conservation Tech- DIVISION E—DRINKING WATER AND TITLE I—BROADBAND GRANTS FOR
nologies grant program. WASTEWATER INFRASTRUCTURE STATES, DISTRICT OF COLUMBIA,
Sec. 40555. Rebates.
Sec. 50001. Short title. PUERTO RICO, AND TERRITORIES
Sec. 40556. Model guidance for combined
heat and power systems and Sec. 50002. Definition of Administrator. Sec. 60101. Findings.
waste heat to power systems. TITLE I—DRINKING WATER Sec. 60102. Grants for broadband deploy-
Sec. 50101. Technical assistance and grants ment.
TITLE VI—METHANE REDUCTION
for emergencies affecting public Sec. 60103. Broadband DATA maps.
INFRASTRUCTURE
water systems. Sec. 60104. Report on future of Universal
Sec. 40601. Orphaned well site plugging, re- Service Fund.
mediation, and restoration. Sec. 50102. Drinking water State revolving
loan funds. TITLE II—TRIBAL CONNECTIVITY
TITLE VII—ABANDONED MINE LAND Sec. 50103. Source water petition program. TECHNICAL AMENDMENTS.
RECLAMATION Sec. 50104. Assistance for small and dis- Sec. 60201. Tribal connectivity technical
Sec. 40701. Abandoned Mine Reclamation advantaged communities. amendments.
Fund authorization of appro- Sec. 50105. Reducing lead in drinking water.
TITLE III—DIGITAL EQUITY ACT OF 2021
priations. Sec. 50106. Operational sustainability of
Sec. 40702. Abandoned mine reclamation fee. small public water systems. Sec. 60301. Short title.
Sec. 40703. Amounts distributed from Aban- Sec. 50107. Midsize and large drinking water Sec. 60302. Definitions.
doned Mine Reclamation Fund. system infrastructure resil- Sec. 60303. Sense of Congress.
Sec. 40704. Abandoned hardrock mine rec- ience and sustainability pro- Sec. 60304. State Digital Equity Capacity
lamation. gram. Grant Program.
TITLE VIII—NATURAL RESOURCES-RE- Sec. 50108. Needs assessment for nationwide Sec. 60305. Digital Equity Competitive Grant
LATED INFRASTRUCTURE, WILDFIRE rural and urban low-income Program.
MANAGEMENT, AND ECOSYSTEM RES- community water assistance. Sec. 60306. Policy research, data collection,
TORATION Sec. 50109. Rural and low-income water as- analysis and modeling, evalua-
sistance pilot program. tion, and dissemination.
Sec. 40801. Forest Service Legacy Road and Sec. 60307. General provisions.
Sec. 50110. Lead contamination in school
Trail Remediation Program.
drinking water. TITLE IV—ENABLING MIDDLE MILE
Sec. 40802. Study and report on feasibility of
Sec. 50111. Indian reservation drinking BROADBAND INFRASTRUCTURE
revegetating reclaimed mine
water program. Sec. 60401. Enabling middle mile broadband
sites. Sec. 50112. Advanced drinking water tech-
Sec. 40803. Wildfire risk reduction. infrastructure.
nologies.
Sec. 40804. Ecosystem restoration. Sec. 50113. Cybersecurity support for public TITLE V—BROADBAND AFFORDABILITY
Sec. 40805. GAO study. Sec. 60501. Definitions.
water systems.
Sec. 40806. Establishment of fuel breaks in Sec. 50114. State response to contaminants. Sec. 60502. Broadband affordability.
forests and other wildland vege- Sec. 50115. Annual study on boil water Sec. 60503. Coordination with certain other
tation. advisories. Federal agencies.
Sec. 40807. Emergency actions. Sec. 60504. Adoption of consumer broadband
TITLE II—CLEAN WATER
TITLE IX—WESTERN WATER labels.
INFRASTRUCTURE Sec. 50201. Research, investigations, train-
Sec. 60505. GAO report.
ing, and information.
Sec. 40901. Authorizations of appropriations. Sec. 60506. Digital discrimination.
Sec. 50202. Wastewater efficiency grant pilot
Sec. 40902. Water storage, groundwater stor- program. DIVISION G—OTHER AUTHORIZATIONS
age, and conveyance projects. Sec. 50203. Pilot program for alternative TITLE I—INDIAN WATER RIGHTS
Sec. 40903. Small water storage and ground- water source projects. SETTLEMENT COMPLETION FUND
water storage projects. Sec. 50204. Sewer overflow and stormwater
Sec. 40904. Critical maintenance and repair. Sec. 70101. Indian Water Rights Settlement
reuse municipal grants. Completion Fund.
Sec. 40905. Competitive grant program for Sec. 50205. Clean water infrastructure resil-
large-scale water recycling and iency and sustainability pro- TITLE II—WILDFIRE MITIGATION
reuse program. gram. Sec. 70201. Short title.
Sec. 40906. Drought contingency plan fund- Sec. 50206. Small and medium publicly Sec. 70202. Definitions.
ing requirements. owned treatment works circuit Sec. 70203. Establishment of Commission.
Sec. 40907. Multi-benefit projects to improve rider program. Sec. 70204. Duties of Commission.
watershed health. Sec. 50207. Small publicly owned treatment Sec. 70205. Powers of Commission.
Sec. 40908. Eligible desalination projects. works efficiency grant pro- Sec. 70206. Commission personnel matters.
Sec. 40909. Clarification of authority to use gram. Sec. 70207. Termination of Commission.
coronavirus fiscal recovery Sec. 50208. Grants for construction and re- TITLE III—REFORESTATION
funds to meet a non-Federal furbishing of individual house-
matching requirement for au- Sec. 70301. Short title.
hold decentralized wastewater Sec. 70302. Reforestation following wildfires
thorized Bureau of Reclamation systems for individuals with
water projects. and other unplanned events.
low or moderate income. Sec. 70303. Report.
Sec. 40910. Federal assistance for ground- Sec. 50209. Connection to publicly owned
water recharge, aquifer storage, treatment works. TITLE IV—RECYCLING PRACTICES
and water source substitution Sec. 50210. Clean water State revolving Sec. 70401. Best practices for battery recy-
projects. funds. cling and labeling guidelines.
TITLE X—AUTHORIZATION OF APPRO- Sec. 50211. Water infrastructure and work- Sec. 70402. Consumer recycling education
PRIATIONS FOR ENERGY ACT OF 2020 force investment. and outreach grant program;
Sec. 41001. Energy storage demonstration Sec. 50212. Grants to Alaska to improve Federal procurement.
projects. sanitation in rural and Native TITLE V—BIOPRODUCT PILOT PROGRAM
Sec. 41002. Advanced reactor demonstration villages.
Sec. 50213. Water data sharing pilot pro- Sec. 70501. Pilot program on use of agricul-
program. tural commodities in construc-
Sec. 41003. Mineral security projects. gram.
Sec. 50214. Final rating opinion letters. tion and consumer products.
Sec. 41004. Carbon capture demonstration TITLE VI—CYBERSECURITY
Sec. 50215. Water infrastructure financing
and pilot programs.
reauthorization. Subtitle A—Cyber Response and Recovery
Sec. 41005. Direct air capture technologies
Sec. 50216. Small and disadvantaged commu- Act
prize competitions.
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nity analysis. Sec. 70601. Short title.
Sec. 41006. Water power projects.
Sec. 50217. Stormwater infrastructure tech-
Sec. 41007. Renewable energy projects. Sec. 70602. Declaration of a significant inci-
nology.
Sec. 41008. Industrial emissions demonstra- dent.
Sec. 50218. Water Reuse Interagency Work-
tion projects. Subtitle B—State and Local Cybersecurity
ing Group.
TITLE XI—WAGE RATE REQUIREMENTS Sec. 50219. Advanced clean water tech- Improvement Act
Sec. 41101. Wage rate requirements. nologies study. Sec. 70611. Short title.
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S5260 CONGRESSIONAL RECORD — SENATE August 1, 2021
Sec. 70612. State and Local Cybersecurity TITLE III—CUSTOMS USER FEES DIVISION J—APPROPRIATIONS
Grant Program. TITLE I—AGRICULTURE, RURAL DEVEL-
Sec. 80301. Extension of customs user fees.
TITLE VII—PUBLIC-PRIVATE OPMENT, FOOD AND DRUG ADMINIS-
PARTNERSHIPS TITLE IV—BOND PROVISIONS TRATION, AND RELATED AGENCIES
Sec. 70701. Value for money analysis. TITLE II—COMMERCE, JUSTICE,
Sec. 80401. Private activity bonds for quali-
TITLE VIII—FEDERAL PERMITTING SCIENCE, AND RELATED AGENCIES
fied broadband projects.
IMPROVEMENT TITLE III—ENERGY AND WATER DEVEL-
Sec. 70801. Federal permitting improvement. Sec. 80402. Carbon dioxide capture facilities. OPMENT AND RELATED AGENCIES
TITLE IX—BUILD AMERICA, BUY Sec. 80403. Increase in national limitation TITLE IV—FINANCIAL SERVICES AND
AMERICA amount for qualified highway GENERAL GOVERNMENT
Subtitle A—Build America, Buy America or surface freight transpor-
TITLE V—DEPARTMENT OF HOMELAND
tation facilities. SECURITY
Sec. 70901. Short title.
PART I—BUY AMERICA SOURCING TITLE V—RELIEF FOR TAXPAYERS AF- TITLE VI—DEPARTMENT OF THE INTE-
REQUIREMENTS FECTED BY DISASTERS OR OTHER RIOR, ENVIRONMENT, AND RELATED
Sec. 70911. Findings. CRITICAL EVENTS AGENCIES
Sec. 70912. Definitions. TITLE VII—LABOR, HEALTH AND HUMAN
Sec. 70913. Identification of deficient pro- Sec. 80501. Modification of automatic exten-
SERVICES, AND EDUCATION, AND RE-
grams. sion of certain deadlines in the
LATED AGENCIES
Sec. 70914. Application of Buy America pref- case of taxpayers affected by
Federally declared disasters. TITLE VIII—TRANSPORTATION, HOUSING
erence. AND URBAN DEVELOPMENT, AND RE-
Sec. 70915. OMB guidance and standards. Sec. 80502. Modifications of rules for post- LATED AGENCIES
Sec. 70916. Technical assistance partnership poning certain acts by reason of
and consultation supporting service in combat zone or con- TITLE IX—GENERAL PROVISIONS—THIS
Department of Transportation tingency operation. DIVISION
Buy America requirements. SEC. 2. REFERENCES.
Sec. 70917. Application. Sec. 80503. Tolling of time for filing a peti-
Except as expressly provided otherwise,
tion with the tax court.
PART II—MAKE IT IN AMERICA any reference to ‘‘this Act’’ contained in any
Sec. 70921. Regulations relating to Buy Sec. 80504. Authority to postpone certain division of this Act shall be treated as refer-
American Act. tax deadlines by reason of sig- ring only to the provisions of that division.
Sec. 70922. Amendments relating to Buy nificant fires. DIVISION A—SURFACE TRANSPORTATION
American Act. TITLE VI—OTHER PROVISIONS SEC. 10001. SHORT TITLE.
Sec. 70923. Made in America Office. This division may be cited as the ‘‘Surface
Sec. 70924. Hollings Manufacturing Exten- Sec. 80601. Modification of tax treatment of Transportation Reauthorization Act of 2021’’.
sion Partnership activities. contributions to the capital of
Sec. 70925. United States obligations under SEC. 10002. DEFINITIONS.
a corporation.
international agreements. In this division:
Sec. 80602. Extension of interest rate sta- (1) DEPARTMENT.—The term ‘‘Department’’
Sec. 70926. Definitions.
Sec. 70927. Prospective amendments to in- bilization. means the Department of Transportation.
ternal cross-references. Sec. 80603. Information reporting for brokers (2) SECRETARY.—The term ‘‘Secretary’’
Subtitle B—BuyAmerican.gov and digital assets. means the Secretary of Transportation.
SEC. 10003. EFFECTIVE DATE.
Sec. 70931. Short title. Sec. 80604. Termination of employee reten-
Sec. 70932. Definitions. tion credit for employers sub- Except as otherwise provided, this division
Sec. 70933. Sense of Congress on buying ject to closure due to COVID–19. and the amendments made by this division
American. take effect on October 1, 2021.
Sec. 70934. Assessment of impact of free DIVISION I—OTHER MATTERS TITLE I—FEDERAL-AID HIGHWAYS
trade agreements. Subtitle A—Authorizations and Programs
Sec. 90001. Extension of direct spending re-
Sec. 70935. Judicious use of waivers.
ductions through fiscal year SEC. 11101.
AUTHORIZATION OF APPROPRIA-
Sec. 70936. Establishment of
2031. TIONS.
BuyAmerican.gov website.
Sec. 70937. Waiver Transparency and Sec. 90002. Strategic Petroleum Reserve (a) IN GENERAL.—The following amounts
Streamlining for contracts. drawdown and sale. are authorized to be appropriated out of the
Sec. 70938. Comptroller General report. Highway Trust Fund (other than the Mass
Sec. 90003. Findings regarding unused unem- Transit Account):
Sec. 70939. Rules of construction.
ployment insurance funds. (1) FEDERAL-AID HIGHWAY PROGRAM.—For
Sec. 70940. Consistency with international
agreements. Sec. 90004. Requiring manufacturers of cer- the national highway performance program
Sec. 70941. Prospective amendments to in- tain single-dose container or under section 119 of title 23, United States
ternal cross-references. single-use package drugs pay- Code, the surface transportation block grant
Subtitle C—Make PPE in America able under part B of the Medi- program under section 133 of that title, the
care program to provide refunds highway safety improvement program under
Sec. 70951. Short title.
with respect to discarded section 148 of that title, the congestion miti-
Sec. 70952. Findings.
Sec. 70953. Requirement of long-term con- amounts of such drugs. gation and air quality improvement program
tracts for domestically manu- under section 149 of that title, the national
Sec. 90005. Extension of enterprise guarantee
factured personal protective highway freight program under section 167 of
fees.
equipment. that title, the carbon reduction program
Sec. 90006. Moratorium on implementation under section 175 of that title, to carry out
TITLE X—ASSET CONCESSIONS of rule relating to eliminating subsection (c) of the PROTECT program
Sec. 71001. Asset concessions. the anti-kickback statute safe under section 176 of that title, and to carry
TITLE XI—CLEAN SCHOOL BUSES AND harbor protection for prescrip- out section 134 of that title—
FERRIES tion drug rebates. (A) $52,488,065,375 for fiscal year 2022;
Sec. 71101. Clean school bus program. Sec. 90007. Rescission of COVID–19 appro- (B) $53,537,826,683 for fiscal year 2023;
Sec. 71102. Electric or low-emitting ferry priations. (C) $54,608,583,217 for fiscal year 2024;
pilot program. (D) $55,700,754,881 for fiscal year 2025; and
Sec. 71103. Ferry service for rural commu- Sec. 90008. Spectrum auctions. (E) $56,814,769,844 for fiscal year 2026.
nities. (2) TRANSPORTATION INFRASTRUCTURE FI-
DIVISION H—REVENUE PROVISIONS NANCE AND INNOVATION PROGRAM.—For credit
assistance under the transportation infra-
TITLE I—HIGHWAY TRUST FUND
structure finance and innovation program
Sec. 80101. Extension of Highway Trust Fund under chapter 6 of title 23, United States
expenditure authority. Code, $250,000,000 for each of fiscal years 2022
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Sec. 80102. Extension of highway-related through 2026.
taxes. (3) FEDERAL LANDS AND TRIBAL TRANSPOR-
Sec. 80103. Further additional transfers to TATION PROGRAMS.—
trust fund. (A) TRIBAL TRANSPORTATION PROGRAM.—For
TITLE II—CHEMICAL SUPERFUND the tribal transportation program under sec-
Sec. 80201. Extension and modification of tion 202 of title 23, United States Code—
certain superfund excise taxes. (i) $578,460,000 for fiscal year 2022;
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August 1, 2021 CONGRESSIONAL RECORD — SENATE S5261
(ii) $589,960,000 for fiscal year 2023; transportation grant program under section same manner as if made available under
(iii) $602,460,000 for fiscal year 2024; 173 of title 23, United States Code— paragraph (1)(A).
(iv) $612,960,000 for fiscal year 2025; and (i) $300,000,000 for fiscal year 2022; (B) NATIONALLY SIGNIFICANT FEDERAL
(v) $627,960,000 for fiscal year 2026. (ii) $350,000,000 for fiscal year 2023; LANDS AND TRIBAL PROJECTS PROGRAM.—In
(B) FEDERAL LANDS TRANSPORTATION PRO- (iii) $400,000,000 for fiscal year 2024; addition to amounts made available under
GRAM.— (iv) $450,000,000 for fiscal year 2025; and paragraph (1)(G), there is authorized to be
(i) IN GENERAL.—For the Federal lands (v) $500,000,000 for fiscal year 2026. appropriated to carry out section 1123 of the
transportation program under section 203 of (E) PROTECT GRANTS.— FAST Act (23 U.S.C. 201 note; Public Law
title 23, United States Code— (i) IN GENERAL.—To carry out subsection 114–94) $300,000,000 for each of fiscal years 2022
(I) $421,965,000 for fiscal year 2022; (d) of the PROTECT program under section through 2026.
(II) $429,965,000 for fiscal year 2023; 176 of title 23, United States Code, for each of (C) HEALTHY STREETS PROGRAM.—There is
(III) $438,965,000 for fiscal year 2024; fiscal years 2022 through 2026— authorized to be appropriated to carry out
(IV) $447,965,000 for fiscal year 2025; and (I) $250,000,000 for fiscal year 2022; the Healthy Streets program under section
(V) $455,965,000 for fiscal year 2026. (II) $250,000,000 for fiscal year 2023; 11406 $100,000,000 for each of fiscal years 2022
(ii) ALLOCATION.—Of the amount made (III) $300,000,000 for fiscal year 2024; through 2026.
available for a fiscal year under clause (i)— (IV) $300,000,000 for fiscal year 2025; and (D) TRANSPORTATION RESILIENCE AND ADAP-
(I) the amount for the National Park Serv- TATION CENTERS OF EXCELLENCE.—There is
(V) $300,000,000 for fiscal year 2026.
ice is— (ii) ALLOCATION.—Of the amounts made authorized to be appropriated to carry out
(aa) $332,427,450 for fiscal year 2022; section 520 of title 23, United States Code,
available under clause (i)—
(bb) $338,867,450 for fiscal year 2023; $100,000,000 for each of fiscal years 2022
(I) for planning grants under paragraph (3)
(cc) $346,237,450 for fiscal year 2024; through 2026.
of that subsection—
(dd) $353,607,450 for fiscal year 2025; and (E) OPEN CHALLENGE AND RESEARCH PRO-
(aa) $25,000,000 for fiscal year 2022;
(ee) $360,047,450 for fiscal year 2026; POSAL PILOT PROGRAM.—There is authorized
(bb) $25,000,000 for fiscal year 2023;
(II) the amount for the United States Fish to be appropriated to carry out the open
(cc) $30,000,000 for fiscal year 2024;
and Wildlife Service is $36,000,000 for each of challenge and research proposal pilot pro-
(dd) $30,000,000 for fiscal year 2025; and gram under section 13006(e) $15,000,000 for
fiscal years 2022 through 2026; and (ee) $30,000,000 for fiscal year 2026;
(III) the amount for the Forest Service is— each of fiscal years 2022 through 2026.
(II) for resilience improvement grants (c) RESEARCH, TECHNOLOGY, AND EDUCATION
(aa) $24,000,000 for fiscal year 2022; under paragraph (4)(A) of that subsection— AUTHORIZATIONS.—
(bb) $25,000,000 for fiscal year 2023; (aa) $175,000,000 for fiscal year 2022; (1) IN GENERAL.—The following amounts
(cc) $26,000,000 for fiscal year 2024; (bb) $175,000,000 for fiscal year 2023; are authorized to be appropriated out of the
(dd) $27,000,000 for fiscal year 2025; and (cc) $210,000,000 for fiscal year 2024; Highway Trust Fund (other than the Mass
(ee) $28,000,000 for fiscal year 2026. (dd) $210,000,000 for fiscal year 2025; and Transit Account):
(C) FEDERAL LANDS ACCESS PROGRAM.—For (ee) $210,000,000 for fiscal year 2026; (A) HIGHWAY RESEARCH AND DEVELOPMENT
the Federal lands access program under sec- (III) for community resilience and evacu- PROGRAM.—To carry out section 503(b) of
tion 204 of title 23, United States Code— ation route grants under paragraph (4)(B) of title 23, United States Code, $147,000,000 for
(i) $285,975,000 for fiscal year 2022; that subsection— each of fiscal years 2022 through 2026.
(ii) $291,975,000 for fiscal year 2023; (aa) $25,000,000 for fiscal year 2022; (B) TECHNOLOGY AND INNOVATION DEPLOY-
(iii) $296,975,000 for fiscal year 2024; (bb) $25,000,000 for fiscal year 2023; MENT PROGRAM.—To carry out section 503(c)
(iv) $303,975,000 for fiscal year 2025; and (cc) $30,000,000 for fiscal year 2024; of title 23, United States Code, $110,000,000 for
(v) $308,975,000 for fiscal year 2026. (dd) $30,000,000 for fiscal year 2025; and each of fiscal years 2022 through 2026.
(4) TERRITORIAL AND PUERTO RICO HIGHWAY (ee) $30,000,000 for fiscal year 2026; and (C) TRAINING AND EDUCATION.—To carry out
PROGRAM.—For the territorial and Puerto (IV) for at-risk coastal infrastructure section 504 of title 23, United States Code—
Rico highway program under section 165 of grants under paragraph (4)(C) of that sub- (i) $25,000,000 for fiscal year 2022;
title 23, United States Code— section— (ii) $25,250,000 for fiscal year 2023;
(A) $219,000,000 for fiscal year 2022; (aa) $25,000,000 for fiscal year 2022; (iii) $25,500,000 for fiscal year 2024;
(B) $224,000,000 for fiscal year 2023; (bb) $25,000,000 for fiscal year 2023; (iv) $25,750,000 for fiscal year 2025; and
(C) $228,000,000 for fiscal year 2024; (cc) $30,000,000 for fiscal year 2024; (v) $26,000,000 for fiscal year 2026.
(D) $232,500,000 for fiscal year 2025; and (dd) $30,000,000 for fiscal year 2025; and (D) INTELLIGENT TRANSPORTATION SYSTEMS
(E) $237,000,000 for fiscal year 2026. (ee) $30,000,000 for fiscal year 2026. PROGRAM.—To carry out sections 512 through
(5) NATIONALLY SIGNIFICANT FREIGHT AND (F) REDUCTION OF TRUCK EMISSIONS AT PORT 518 of title 23, United States Code, $110,000,000
HIGHWAY PROJECTS.—For nationally signifi- FACILITIES.— for each of fiscal years 2022 through 2026.
cant freight and highway projects under sec- (i) IN GENERAL.—To carry out the reduction (E) UNIVERSITY TRANSPORTATION CENTERS
tion 117 of title 23, United States Code— of truck emissions at port facilities under PROGRAM.—To carry out section 5505 of title
(A) $1,000,000,000 for fiscal year 2022; section 11402, $50,000,000 for each of fiscal 49, United States Code—
(B) $1,000,000,000 for fiscal year 2023; years 2022 through 2026. (i) $80,000,000 for fiscal year 2022;
(C) $1,000,000,000 for fiscal year 2024; (ii) TREATMENT.—Amounts made available (ii) $80,500,000 for fiscal year 2023;
(D) $900,000,000 for fiscal year 2025; and under clause (i) shall be available for obliga- (iii) $81,000,000 for fiscal year 2024;
(E) $900,000,000 for fiscal year 2026. tion in the same manner as if those amounts (iv) $81,500,000 for fiscal year 2025; and
(b) OTHER PROGRAMS.— were apportioned under chapter 1 of title 23, (v) $82,000,000 for fiscal year 2026.
(1) IN GENERAL.—The following amounts United States Code. (F) BUREAU OF TRANSPORTATION STATIS-
are authorized to be appropriated out of the (G) NATIONALLY SIGNIFICANT FEDERAL TICS.—To carry out chapter 63 of title 49,
Highway Trust Fund (other than the Mass LANDS AND TRIBAL PROJECTS.— United States Code—
Transit Account): (i) IN GENERAL.—To carry out the nation- (i) $26,000,000 for fiscal year 2022;
(A) BRIDGE INVESTMENT PROGRAM.—To ally significant Federal lands and tribal (ii) $26,250,000 for fiscal year 2023;
carry out the bridge investment program projects program under section 1123 of the (iii) $26,500,000 for fiscal year 2024;
under section 124 of title 23, United States FAST Act (23 U.S.C. 201 note; Public Law (iv) $26,750,000 for fiscal year 2025; and
Code— 114–94), $55,000,000 for each of fiscal years 2022 (v) $27,000,000 for fiscal year 2026.
(i) $600,000,000 for fiscal year 2022; through 2026. (2) ADMINISTRATION.—The Federal Highway
(ii) $640,000,000 for fiscal year 2023; (ii) TREATMENT.—Amounts made available Administration shall—
(iii) $650,000,000 for fiscal year 2024; under clause (i) shall be available for obliga- (A) administer the programs described in
(iv) $675,000,000 for fiscal year 2025; and tion in the same manner as if those amounts subparagraphs (A), (B), and (C) of paragraph
(v) $700,000,000 for fiscal year 2026. were apportioned under chapter 1 of title 23, (1); and
(B) CONGESTION RELIEF PROGRAM.—To carry United States Code. (B) in consultation with relevant modal ad-
out the congestion relief program under sec- (2) GENERAL FUND.— ministrations, administer the programs de-
tion 129(d) of title 23, United States Code, (A) BRIDGE INVESTMENT PROGRAM.— scribed in paragraph (1)(D).
$50,000,000 for each of fiscal years 2022 (i) IN GENERAL.—In addition to amounts (3) APPLICABILITY OF TITLE 23, UNITED
through 2026. made available under paragraph (1)(A), there STATES CODE.—Amounts authorized to be ap-
(C) CHARGING AND FUELING INFRASTRUCTURE are authorized to be appropriated to carry propriated by paragraph (1) shall—
GRANTS.—To carry out section 151(f) of title out the bridge investment program under (A) be available for obligation in the same
23, United States Code— section 124 of title 23, United States Code— manner as if those funds were apportioned
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(i) $300,000,000 for fiscal year 2022; (I) $600,000,000 for fiscal year 2022; under chapter 1 of title 23, United States
(ii) $400,000,000 for fiscal year 2023; (II) $640,000,000 for fiscal year 2023; Code, except that the Federal share of the
(iii) $500,000,000 for fiscal year 2024; (III) $650,000,000 for fiscal year 2024; cost of a project or activity carried out using
(iv) $600,000,000 for fiscal year 2025; and (IV) $675,000,000 for fiscal year 2025; and those funds shall be 80 percent, unless other-
(v) $700,000,000 for fiscal year 2026. (V) $700,000,000 for fiscal year 2026. wise expressly provided by this division (in-
(D) RURAL SURFACE TRANSPORTATION GRANT (ii) ALLOCATION.—Amounts made available cluding the amendments by this division) or
PROGRAM.—To carry out the rural surface under clause (i) shall be allocated in the otherwise determined by the Secretary; and
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S5262 CONGRESSIONAL RECORD — SENATE August 1, 2021
(B) remain available until expended and basis that there is a compelling need for the (7) COMPLIANCE WITH COURT ORDERS.—Noth-
not be transferable, except as otherwise pro- continuation of the disadvantaged business ing in this subsection limits the eligibility of
vided by this division. enterprise program to address race and gen- an individual or entity to receive funds made
(d) PILOT PROGRAMS.—The following der discrimination in surface transportation- available under this division, division C, and
amounts are authorized to be appropriated related business. section 403 of title 23, United States Code, if
out of the Highway Trust Fund (other than (2) DEFINITIONS.—In this subsection: the entity or person is prevented, in whole or
the Mass Transit Account): (A) SMALL BUSINESS CONCERN.— in part, from complying with paragraph (3)
(1) WILDLIFE CROSSINGS PILOT PROGRAM.— (i) IN GENERAL.—The term ‘‘small business because a Federal court issues a final order
For the wildlife crossings pilot program concern’’ means a small business concern (as in which the court finds that a requirement
under section 171 of title 23, United States the term is used in section 3 of the Small or the implementation of paragraph (3) is un-
Code— Business Act (15 U.S.C. 632)). constitutional.
(A) $60,000,000 for fiscal year 2022; (ii) EXCLUSIONS.—The term ‘‘small business (8) SENSE OF CONGRESS ON PROMPT PAYMENT
(B) $65,000,000 for fiscal year 2023; concern’’ does not include any concern or OF DBE SUBCONTRACTORS.—It is the sense of
(C) $70,000,000 for fiscal year 2024; Congress that—
group of concerns controlled by the same so-
(D) $75,000,000 for fiscal year 2025; and (A) the Secretary should take additional
cially and economically disadvantaged indi-
(E) $80,000,000 for fiscal year 2026. steps to ensure that recipients comply with
vidual or individuals that have average an-
(2) PRIORITIZATION PROCESS PILOT PRO- section 26.29 of title 49, Code of Federal Reg-
nual gross receipts during the preceding 3
GRAM.— ulations (the disadvantaged business enter-
(A) IN GENERAL.—For the prioritization fiscal years in excess of $26,290,000, as ad-
justed annually by the Secretary for infla- prises prompt payment rule), or any cor-
process pilot program under section 11204, responding regulation, in awarding Federally
$10,000,000 for each of fiscal years 2022 tion.
(B) SOCIALLY AND ECONOMICALLY DISADVAN- funded transportation contracts under laws
through 2026. and regulations administered by the Sec-
(B) TREATMENT.—Amounts made available TAGED INDIVIDUALS.—The term ‘‘socially and
economically disadvantaged individuals’’ has retary; and
under subparagraph (A) shall be available for (B) such additional steps should include in-
obligation in the same manner as if those the meaning given the term in section 8(d) of
the Small Business Act (15 U.S.C. 637(d)) and creasing the ability of the Department to
amounts were apportioned under chapter 1 of
relevant subcontracting regulations issued track and keep records of complaints and to
title 23, United States Code.
pursuant to that Act, except that women make that information publicly available.
(3) RECONNECTING COMMUNITIES PILOT PRO-
shall be presumed to be socially and eco- SEC. 11102. OBLIGATION CEILING.
GRAM.—
(A) PLANNING GRANTS.—For planning nomically disadvantaged individuals for pur- (a) GENERAL LIMITATION.—Subject to sub-
grants under the reconnecting communities poses of this subsection. section (e), and notwithstanding any other
pilot program under section 11509(c), (3) AMOUNTS FOR SMALL BUSINESS CON- provision of law, the obligations for Federal-
$30,000,000 for each of fiscal years 2022 CERNS.—Except to the extent that the Sec- aid highway and highway safety construc-
through 2026. retary determines otherwise, not less than 10 tion programs shall not exceed—
(B) CAPITAL CONSTRUCTION GRANTS.—For percent of the amounts made available for (1) $57,473,430,072 for fiscal year 2022;
capital construction grants under the recon- any program under this division (other than (2) $58,764,510,674 for fiscal year 2023;
necting communities pilot program under section 14004), division C, and section 403 of (3) $60,095,782,888 for fiscal year 2024;
section 11509(d)— title 23, United States Code, shall be ex- (4) $61,314,170,545 for fiscal year 2025; and
(i) $65,000,000 for fiscal year 2022; pended through small business concerns (5) $62,657,105,821 for fiscal year 2026.
(ii) $68,000,000 for fiscal year 2023; owned and controlled by socially and eco- (b) EXCEPTIONS.—The limitations under
(iii) $70,000,000 for fiscal year 2024; nomically disadvantaged individuals. subsection (a) shall not apply to obligations
(iv) $72,000,000 for fiscal year 2025; and (4) ANNUAL LISTING OF DISADVANTAGED BUSI- under or for—
(v) $75,000,000 for fiscal year 2026. NESS ENTERPRISES.—Each State shall annu- (1) section 125 of title 23, United States
(C) TREATMENT.—Amounts made available ally— Code;
under subparagraph (A) or (B) shall be avail- (A) survey and compile a list of the small (2) section 147 of the Surface Transpor-
able for obligation in the same manner as if business concerns referred to in paragraph tation Assistance Act of 1978 (23 U.S.C. 144
those amounts were apportioned under chap- (3) in the State, including the location of the note; 92 Stat. 2714);
ter 1 of title 23, United States Code, except small business concerns in the State; and (3) section 9 of the Federal-Aid Highway
that those amounts shall remain available (B) notify the Secretary, in writing, of the Act of 1981 (95 Stat. 1701);
until expended. percentage of the small business concerns (4) subsections (b) and (j) of section 131 of
(e) DISADVANTAGED BUSINESS ENTER- that are controlled by— the Surface Transportation Assistance Act
PRISES.— (i) women; of 1982 (96 Stat. 2119);
(1) FINDINGS.—Congress finds that— (ii) socially and economically disadvan- (5) subsections (b) and (c) of section 149 of
(A) while significant progress has occurred taged individuals (other than women); and the Surface Transportation and Uniform Re-
due to the establishment of the disadvan- (iii) individuals who are women and are location Assistance Act of 1987 (101 Stat. 198);
taged business enterprise program, discrimi- otherwise socially and economically dis- (6) sections 1103 through 1108 of the Inter-
nation and related barriers continue to pose advantaged individuals. modal Surface Transportation Efficiency Act
significant obstacles for minority- and (5) UNIFORM CERTIFICATION.— of 1991 (105 Stat. 2027);
women-owned businesses seeking to do busi- (A) IN GENERAL.—The Secretary shall es- (7) section 157 of title 23, United States
ness in Federally assisted surface transpor- tablish minimum uniform criteria for use by Code (as in effect on June 8, 1998);
tation markets across the United States; State governments in certifying whether a (8) section 105 of title 23, United States
(B) the continuing barriers described in concern qualifies as a small business concern Code (as in effect for fiscal years 1998
subparagraph (A) merit the continuation of for the purpose of this subsection. through 2004, but only in an amount equal to
the disadvantaged business enterprise pro- (B) INCLUSIONS.—The minimum uniform $639,000,000 for each of those fiscal years);
gram; criteria established under subparagraph (A) (9) Federal-aid highway programs for
(C) Congress has received and reviewed tes- shall include, with respect to a potential which obligation authority was made avail-
timony and documentation of race and gen- small business concern— able under the Transportation Equity Act
der discrimination from numerous sources, (i) on-site visits; for the 21st Century (112 Stat. 107) or subse-
including congressional hearings and (ii) personal interviews with personnel; quent Acts for multiple years or to remain
roundtables, scientific reports, reports issued (iii) issuance or inspection of licenses; available until expended, but only to the ex-
by public and private agencies, news stories, (iv) analyses of stock ownership; tent that the obligation authority has not
reports of discrimination by organizations (v) listings of equipment; lapsed or been used;
and individuals, and discrimination lawsuits, (vi) analyses of bonding capacity; (10) section 105 of title 23, United States
which show that race- and gender-neutral ef- (vii) listings of work completed; Code (as in effect for fiscal years 2005
forts alone are insufficient to address the (viii) examination of the resumes of prin- through 2012, but only in an amount equal to
problem; cipal owners; $639,000,000 for each of those fiscal years);
(D) the testimony and documentation de- (ix) analyses of financial capacity; and (11) section 1603 of SAFETEA–LU (23 U.S.C.
scribed in subparagraph (C) demonstrate (x) analyses of the type of work preferred. 118 note; 119 Stat. 1248), to the extent that
that discrimination across the United States (6) REPORTING.—The Secretary shall estab- funds obligated in accordance with that sec-
poses a barrier to full and fair participation lish minimum requirements for use by State tion were not subject to a limitation on obli-
in surface transportation-related businesses governments in reporting to the Secretary— gations at the time at which the funds were
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of women business owners and minority busi- (A) information concerning disadvantaged initially made available for obligation;
ness owners and has impacted firm develop- business enterprise awards, commitments, (12) section 119 of title 23, United States
ment and many aspects of surface transpor- and achievements; and Code (as in effect for fiscal years 2013
tation-related business in the public and pri- (B) such other information as the Sec- through 2015, but only in an amount equal to
vate markets; and retary determines to be appropriate for the $639,000,000 for each of those fiscal years);
(E) the testimony and documentation de- proper monitoring of the disadvantaged busi- (13) section 119 of title 23, United States
scribed in subparagraph (C) provide a strong ness enterprise program. Code (as in effect for fiscal years 2016
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August 1, 2021 CONGRESSIONAL RECORD — SENATE S5263
through 2021, but only in an amount equal to apportioned under title 23, United States ture that uses, restores, or emulates natural
$639,000,000 for each of those fiscal years); Code, to all States for the fiscal year. ecological processes and—
and (d) REDISTRIBUTION OF UNUSED OBLIGATION ‘‘(A) is created through the action of nat-
(14) section 119 of title 23, United States AUTHORITY.—Notwithstanding subsection (c), ural physical, geological, biological, and
Code (but, for fiscal years 2022 through 2026, the Secretary shall, after August 1 of each of chemical processes over time;
only in an amount equal to $639,000,000 for fiscal years 2022 through 2026— ‘‘(B) is created by human design, engineer-
each of those fiscal years). (1) revise a distribution of the obligation ing, and construction to emulate or act in
(c) DISTRIBUTION OF OBLIGATION AUTHOR- authority made available under subsection concert with natural processes; or
ITY.—For each of fiscal years 2022 through (c) if an amount distributed cannot be obli- ‘‘(C) involves the use of plants, soils, and
2026, the Secretary— gated during that fiscal year; and other natural features, including through
(1) shall not distribute obligation author- (2) redistribute sufficient amounts to those the creation, restoration, or preservation of
ity provided by subsection (a) for the fiscal States able to obligate amounts in addition vegetated areas using materials appropriate
year for— to those previously distributed during that to the region to manage stormwater and run-
(A) amounts authorized for administrative fiscal year, giving priority to those States off, to attenuate flooding and storm surges,
expenses and programs by section 104(a) of having large unobligated balances of funds and for other related purposes.’’;
title 23, United States Code; and apportioned under sections 144 (as in effect (4) by inserting after paragraph (23) (as so
(B) amounts authorized for the Bureau of on the day before the date of enactment of redesignated) the following:
Transportation Statistics; MAP–21 (Public Law 112–141; 126 Stat. 405)) ‘‘(24) RESILIENCE.—The term ‘resilience’,
(2) shall not distribute an amount of obli- and 104 of title 23, United States Code. with respect to a project, means a project
gation authority provided by subsection (a) (e) APPLICABILITY OF OBLIGATION LIMITA- with the ability to anticipate, prepare for, or
that is equal to the unobligated balance of TIONS TO TRANSPORTATION RESEARCH PRO- adapt to conditions or withstand, respond to,
amounts— GRAMS.— or recover rapidly from disruptions, includ-
(A) made available from the Highway (1) IN GENERAL.—Except as provided in ing the ability—
Trust Fund (other than the Mass Transit Ac- paragraph (2), obligation limitations im- ‘‘(A)(i) to resist hazards or withstand im-
count) for Federal-aid highway and highway posed by subsection (a) shall apply to con- pacts from weather events and natural disas-
safety construction programs for previous tract authority for transportation research ters; or
fiscal years the funds for which are allocated programs carried out under chapter 5 of title ‘‘(ii) to reduce the magnitude or duration
by the Secretary (or apportioned by the Sec- 23, United States Code. of impacts of a disruptive weather event or
retary under section 202 or 204 of title 23, (2) EXCEPTION.—Obligation authority made natural disaster on a project; and
United States Code); and available under paragraph (1) shall— ‘‘(B) to have the absorptive capacity,
(B) for which obligation authority was pro- (A) remain available for a period of 4 fiscal adaptive capacity, and recoverability to de-
vided in a previous fiscal year; years; and crease project vulnerability to weather
(3) shall determine the proportion that— (B) be in addition to the amount of any events or other natural disasters.’’; and
(A) the obligation authority provided by limitation imposed on obligations for Fed- (5) in subparagraph (A) of paragraph (32)
subsection (a) for the fiscal year, less the ag- eral-aid highway and highway safety con- (as so redesignated)—
gregate of amounts not distributed under struction programs for future fiscal years. (A) by striking the period at the end and
paragraphs (1) and (2) of this subsection; (f) REDISTRIBUTION OF CERTAIN AUTHORIZED inserting ‘‘; and’’;
bears to FUNDS.— (B) by striking ‘‘through the implementa-
(B) the total of the sums authorized to be (1) IN GENERAL.—Not later than 30 days tion’’ and inserting the following:
appropriated for the Federal-aid highway after the date of distribution of obligation ‘‘through—
and highway safety construction programs authority under subsection (c) for each of fis- ‘‘(i) the implementation’’; and
(other than sums authorized to be appro- cal years 2022 through 2026, the Secretary (C) by adding at the end the following:
priated for provisions of law described in shall distribute to the States any funds (ex- ‘‘(ii) the consideration of incorporating
paragraphs (1) through (13) of subsection (b) cluding funds authorized for the program natural infrastructure.’’.
and sums authorized to be appropriated for under section 202 of title 23, United States SEC. 11104. APPORTIONMENT.
section 119 of title 23, United States Code, Code) that— (a) ADMINISTRATIVE EXPENSES.—Section
equal to the amount referred to in sub- (A) are authorized to be appropriated for 104(a)(1) of title 23, United States Code, is
section (b)(14) for the fiscal year), less the the fiscal year for Federal-aid highway pro- amended by striking subparagraphs (A)
aggregate of the amounts not distributed grams; and through (E) and inserting the following:
under paragraphs (1) and (2) of this sub- (B) the Secretary determines will not be ‘‘(A) $490,964,697 for fiscal year 2022;
section; allocated to the States (or will not be appor- ‘‘(B) $500,783,991 for fiscal year 2023;
(4) shall distribute the obligation author- tioned to the States under section 204 of title ‘‘(C) $510,799,671 for fiscal year 2024;
ity provided by subsection (a), less the aggre- 23, United States Code), and will not be ‘‘(D) $521,015,664 for fiscal year 2025; and
gate amounts not distributed under para- available for obligation, for the fiscal year ‘‘(E) $531,435,977 for fiscal year 2026.’’.
graphs (1) and (2), for each of the programs because of the imposition of any obligation (b) DIVISION AMONG PROGRAMS OF STATE
(other than programs to which paragraph (1) limitation for the fiscal year. SHARE.—Section 104(b) of title 23, United
applies) that are allocated by the Secretary (2) RATIO.—Funds shall be distributed States Code, is amended in subsection (b)—
under this division and title 23, United under paragraph (1) in the same proportion (1) in the matter preceding paragraph (1),
States Code, or apportioned by the Secretary as the distribution of obligation authority by inserting ‘‘the carbon reduction program
under section 202 or 204 of that title, by mul- under subsection (c)(5). under section 175, to carry out subsection (c)
tiplying— (3) AVAILABILITY.—Funds distributed to of the PROTECT program under section 176,’’
(A) the proportion determined under para- each State under paragraph (1) shall be before ‘‘and to carry out section 134’’;
graph (3); by available for any purpose described in sec- (2) in paragraph (1), by striking ‘‘63.7 per-
(B) the amounts authorized to be appro- tion 133(b) of title 23, United States Code. cent’’ and inserting ‘‘59.0771195921461 per-
priated for each such program for the fiscal SEC. 11103. DEFINITIONS. cent’’;
year; and Section 101(a) of title 23, United States (3) in paragraph (2), by striking ‘‘29.3 per-
(5) shall distribute the obligation author- Code, is amended— cent’’ and inserting ‘‘28.7402203421251 per-
ity provided by subsection (a), less the aggre- (1) in paragraph (4)— cent’’;
gate amounts not distributed under para- (A) in subparagraph (A), by inserting ‘‘as- (4) in paragraph (3), by striking ‘‘7 per-
graphs (1) and (2) and the amounts distrib- sessing resilience,’’ after ‘‘surveying,’’; cent’’ and inserting ‘‘6.70605141316253 per-
uted under paragraph (4), for Federal-aid (B) in subparagraph (G), by striking ‘‘and’’ cent’’;
highway and highway safety construction at the end; (5) by striking paragraph (4) and inserting
programs that are apportioned by the Sec- (C) by redesignating subparagraph (H) as the following:
retary under title 23, United States Code subparagraph (I); and ‘‘(4) CONGESTION MITIGATION AND AIR QUAL-
(other than the amounts apportioned for the (D) by inserting after subparagraph (G) the ITY IMPROVEMENT PROGRAM.—
national highway performance program in following: ‘‘(A) IN GENERAL.—For the congestion miti-
section 119 of title 23, United States Code, ‘‘(H) improvements that reduce the number gation and air quality improvement pro-
that are exempt from the limitation under of wildlife-vehicle collisions, such as wildlife gram, an amount determined for the State
subsection (b)(14) and the amounts appor- crossing structures; and’’; under subparagraphs (B) and (C).
tioned under sections 202 and 204 of that (2) by redesignating paragraphs (17) ‘‘(B) TOTAL AMOUNT.—The total amount for
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title) in the proportion that— through (34) as paragraphs (18), (19), (20), (21), the congestion mitigation and air quality
(A) amounts authorized to be appropriated (22), (23), (25), (26), (27), (28), (29), (30), (31), improvement program for all States shall
for the programs that are apportioned under (32), (33), (34), (35), and (36), respectively; be—
title 23, United States Code, to each State (3) by inserting after paragraph (16) the fol- ‘‘(i) $2,536,490,803 for fiscal year 2022;
for the fiscal year; bears to lowing: ‘‘(ii) $2,587,220,620 for fiscal year 2023;
(B) the total of the amounts authorized to ‘‘(17) NATURAL INFRASTRUCTURE.—The term ‘‘(iii) $2,638,965,032 for fiscal year 2024;
be appropriated for the programs that are ‘natural infrastructure’ means infrastruc- ‘‘(iv) $2,691,744,332 for fiscal year 2025; and
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S5264 CONGRESSIONAL RECORD — SENATE August 1, 2021
‘‘(v) $2,745,579,213 for fiscal year 2026. count) in the most recent fiscal year for ture repairs from extreme weather events,
‘‘(C) STATE SHARE.—For each fiscal year, which data are available that are— flooding, or other natural disasters.
the Secretary shall distribute among the ‘‘(I) attributable to highway users in the ‘‘(2) PROTECTIVE FEATURES DESCRIBED.—A
States the total amount for the congestion State; and protective feature referred to in paragraph
mitigation and air quality improvement pro- ‘‘(II) associated with taxes in effect on (1) includes—
gram under subparagraph (B) so that each July 1, 2019, and only up to the rate those ‘‘(A) raising roadway grades;
State receives an amount equal to the pro- taxes were in effect on that date; ‘‘(B) relocating roadways in a base flood-
portion that— ‘‘(ii) at least 2 percent greater than the ap- plain to higher ground above projected flood
‘‘(i) the amount apportioned to the State portionment that the State received for fis- elevation levels or away from slide prone
for the congestion mitigation and air quality cal year 2021; and areas;
improvement program for fiscal year 2020; ‘‘(iii) at least 1 percent greater than the ‘‘(C) stabilizing slide areas;
bears to apportionment that the State received for ‘‘(D) stabilizing slopes;
‘‘(ii) the total amount of funds apportioned the previous fiscal year.’’; and ‘‘(E) lengthening or raising bridges to in-
to all States for that program for fiscal year (2) in paragraph (2)— crease waterway openings;
2020.’’; (A) by striking ‘‘fiscal years 2016 through ‘‘(F) increasing the size or number of
(6) in paragraph (5)— 2020’’ and inserting ‘‘fiscal year 2022 and each drainage structures;
(A) by striking subparagraph (B) and in- fiscal year thereafter’’; and ‘‘(G) replacing culverts with bridges or
serting the following: (B) by inserting ‘‘the carbon reduction pro- upsizing culverts;
‘‘(B) TOTAL AMOUNT.—The total amount set gram under section 175, to carry out sub- ‘‘(H) installing seismic retrofits on bridges;
aside for the national highway freight pro- section (c) of the PROTECT program under ‘‘(I) adding scour protection at bridges, in-
gram for all States shall be— section 176,’’ before ‘‘and to carry out section stalling riprap, or adding other scour, stream
‘‘(i) $1,373,932,519 for fiscal year 2022; 134’’. stability, coastal, or other hydraulic coun-
‘‘(ii) $1,401,411,169 for fiscal year 2023; (d) METROPOLITAN PLANNING.—Section termeasures, including spur dikes; and
‘‘(iii) $1,429,439,392 for fiscal year 2024; 104(d)(1)(A) of title 23, United States Code, is ‘‘(J) the use of natural infrastructure to
‘‘(iv) $1,458,028,180 for fiscal year 2025; and amended by striking ‘‘paragraphs (5)(D) and mitigate the risk of recurring damage or the
‘‘(v) $1,487,188,740 for fiscal year 2026.’’; and (6) of subsection (b)’’ each place it appears cost of future repair from extreme weather
(B) by striking subparagraph (D); and and inserting ‘‘subsection (b)(6)’’. events, flooding, or other natural disasters.
(7) by striking paragraph (6) and inserting (e) SUPPLEMENTAL FUNDS.—Section 104 of ‘‘(3) SAVINGS PROVISION.—Nothing in this
the following: title 23, United States Code, is amended by subsection limits the ability of a State to
‘‘(6) METROPOLITAN PLANNING.— striking subsection (h). carry out a project otherwise eligible under
‘‘(A) IN GENERAL.—To carry out section 134, (f) BASE APPORTIONMENT DEFINED.—Section subsection (d) using funds apportioned under
an amount determined for the State under 104 of title 23, United States Code, is amend- section 104(b)(1).’’.
subparagraphs (B) and (C). ed— SEC. 11106. EMERGENCY RELIEF.
‘‘(B) TOTAL AMOUNT.—The total amount for (1) by redesignating subsection (i) as sub- Section 125 of title 23, United States Code,
metropolitan planning for all States shall section (h); and is amended—
be— (2) in subsection (h) (as so redesignated)— (1) in subsection (a)(1), by inserting ‘‘wild-
‘‘(i) $ 438,121,139 for fiscal year 2022; (A) by striking ‘‘means’’ in the matter pre- fire,’’ after ‘‘severe storm,’’;
‘‘(ii) $446,883,562 for fiscal year 2023; ceding paragraph (1) and all that follows (2) by striking subsection (b) and inserting
‘‘(iii) $455,821,233 for fiscal year 2024; through ‘‘the combined amount’’ in para- the following:
‘‘(iv) $464,937,657 for fiscal year 2025; and graph (1) and inserting ‘‘means the combined ‘‘(b) RESTRICTION ON ELIGIBILITY.—Funds
‘‘(v) $474,236,409 for fiscal year 2026. amount’’; under this section shall not be used for the
‘‘(C) STATE SHARE.—For each fiscal year, (B) by striking ‘‘and to carry out section repair or reconstruction of a bridge that has
the Secretary shall distribute among the 134; minus’’ and inserting ‘‘the carbon reduc- been permanently closed to all vehicular
States the total amount to carry out section tion program under section 175, to carry out traffic by the State or responsible local offi-
134 under subparagraph (B) so that each subsection (c) of the PROTECT program cial because of imminent danger of collapse
State receives an amount equal to the pro- under section 176, and to carry out section due to a structural deficiency or physical de-
portion that— 134.’’; and terioration.’’; and
‘‘(i) the amount apportioned to the State (C) by striking paragraph (2). (3) in subsection (d)—
to carry out section 134 for fiscal year 2020; SEC. 11105. NATIONAL HIGHWAY PERFORMANCE (A) in paragraph (2)(A)—
bears to PROGRAM. (i) by striking the period at the end and in-
‘‘(ii) the total amount of funds apportioned Section 119 of title 23, United States Code, serting ‘‘; and’’;
to all States to carry out section 134 for fis- is amended— (ii) by striking ‘‘a facility that meets the
cal year 2020. (1) in subsection (b)— current’’ and inserting the following: ‘‘a fa-
‘‘(7) CARBON REDUCTION PROGRAM.—For the (A) in paragraph (2), by striking ‘‘and’’ at cility that—
carbon reduction program under section 175, the end; ‘‘(i) meets the current’’; and
2.56266964565637 percent of the amount re- (B) in paragraph (3), by striking the period (iii) by adding at the end the following:
maining after distributing amounts under at the end and inserting ‘‘; and’’; and ‘‘(ii) incorporates economically justifiable
paragraphs (4), (5), and (6). (C) by adding at the end the following: improvements that will mitigate the risk of
‘‘(8) PROTECT FORMULA PROGRAM.—To ‘‘(4) to provide support for activities to in- recurring damage from extreme weather,
carry out subsection (c) of the PROTECT crease the resiliency of the National High- flooding, and other natural disasters.’’;
program under section 176, 2.91393900690991 way System to mitigate the cost of damages (B) by redesignating paragraph (3) as para-
percent of the amount remaining after dis- from sea level rise, extreme weather events, graph (4); and
tributing amounts under paragraphs (4), (5), flooding, or other natural disasters.’’; (C) by inserting after paragraph (2) the fol-
and (6).’’. (2) in subsection (d)(2), by adding at the lowing:
(c) CALCULATION OF AMOUNTS.—Section end the following: ‘‘(3) PROTECTIVE FEATURES.—
104(c) of title 23, United States Code, is ‘‘(Q) Undergrounding public utility infra- ‘‘(A) IN GENERAL.—The cost of an improve-
amended— structure carried out in conjunction with a ment that is part of a project under this sec-
(1) in paragraph (1)— project otherwise eligible under this section. tion shall be an eligible expense under this
(A) in the matter preceding subparagraph ‘‘(R) Resiliency improvements on the Na- section if the improvement is a protective
(A), by striking ‘‘each of fiscal years 2016 tional Highway System, including protective feature that will mitigate the risk of recur-
through 2020’’ and inserting ‘‘fiscal year 2022 features described in subsection (k)(2). ring damage or the cost of future repair from
and each fiscal year thereafter’’; ‘‘(S) Implement activities to protect seg- extreme weather, flooding, and other natural
(B) in subparagraph (A)— ments of the National Highway System from disasters.
(i) by striking clause (i) and inserting the cybersecurity threats.’’; ‘‘(B) PROTECTIVE FEATURES DESCRIBED.—A
following: (3) in subsection (e)(4)(D), by striking protective feature referred to in subpara-
‘‘(i) the base apportionment; by’’; and ‘‘analysis’’ and inserting ‘‘analyses, both of graph (A) includes—
(ii) in clause (ii)(I), by striking ‘‘fiscal year which shall take into consideration extreme ‘‘(i) raising roadway grades;
2015’’ and inserting ‘‘fiscal year 2021’’; and weather and resilience’’; and ‘‘(ii) relocating roadways in a floodplain to
(C) by striking subparagraph (B) and in- (4) by adding at the end the following: higher ground above projected flood ele-
serting the following: ‘‘(k) PROTECTIVE FEATURES.— vation levels or away from slide prone areas;
‘‘(B) GUARANTEED AMOUNTS.—The initial ‘‘(1) IN GENERAL.—A State may use not ‘‘(iii) stabilizing slide areas;
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amounts resulting from the calculation more than 15 percent of the funds appor- ‘‘(iv) stabilizing slopes;
under subparagraph (A) shall be adjusted to tioned to the State under section 104(b)(1) for ‘‘(v) lengthening or raising bridges to in-
ensure that each State receives an aggregate each fiscal year for 1 or more protective fea- crease waterway openings;
apportionment that is— tures on a Federal-aid highway or bridge not ‘‘(vi) increasing the size or number of
‘‘(i) equal to at least 95 percent of the esti- on the National Highway System, if the pro- drainage structures;
mated tax payments paid into the Highway tective feature is designed to mitigate the ‘‘(vii) replacing culverts with bridges or
Trust Fund (other than the Mass Transit Ac- risk of recurring damage or the cost of fu- upsizing culverts;
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August 1, 2021 CONGRESSIONAL RECORD — SENATE S5265
‘‘(viii) installing seismic retrofits on ‘‘(B) REQUIREMENTS.— partment should, where feasible, coordinate
bridges; ‘‘(i) MAXIMUM FEDERAL SHARE.—Subject to departmental efforts to prevent or reduce
‘‘(ix) adding scour protection at bridges, clause (iii), the Federal share of the cost of trespasser deaths along railroad rights-of-
installing riprap, or adding other scour, an individual project carried out under a pro- way and at or near railway-highway cross-
stream stability, coastal, or other hydraulic gram described in subparagraph (A) by a par- ings.
countermeasures, including spur dikes; and ticipating State and to which the partici- SEC. 11109. SURFACE TRANSPORTATION BLOCK
‘‘(x) the use of natural infrastructure to pating State is applying the Federal share GRANT PROGRAM.
mitigate the risk of recurring damage or the requirements under the pilot program may (a) IN GENERAL.—Section 133 of title 23,
cost of future repair from extreme weather, be up to 100 percent. United States Code, is amended—
flooding, and other natural disasters.’’. ‘‘(ii) MINIMUM FEDERAL SHARE.—No indi- (1) in subsection (b)—
SEC. 11107. FEDERAL SHARE PAYABLE. vidual project carried out under a program (A) in paragraph (1)—
Section 120 of title 23, United States Code, described in subparagraph (A) by a partici- (i) in subparagraph (B)—
is amended— pating State and to which the participating (I) by adding ‘‘or’’ at the end;
(1) in subsection (c)— State is applying the Federal share require- (II) by striking ‘‘facilities eligible’’ and in-
(A) in paragraph (1), in the first sentence, ments under the pilot program shall have a serting the following: ‘‘facilities—
by inserting ‘‘vehicle-to-infrastructure com- Federal share of 0 percent. ‘‘(i) that are eligible’’; and
munication equipment,’’ after ‘‘breakaway ‘‘(iii) DETERMINATION.—The average annual (III) by adding at the end the following:
utility poles,’’; Federal share of the total cost of all projects ‘‘(ii) that are privately or majority-pri-
(B) in subparagraph (3)(B)— authorized under a program described in sub- vately owned, but that the Secretary deter-
(i) in clause (v), by striking ‘‘or’’ at the paragraph (A) to which a participating State mines provide a substantial public transpor-
end; is applying the Federal share requirements tation benefit or otherwise meet the fore-
(ii) by redesignating clause (vi) as clause under the pilot program shall be not more most needs of the surface transportation sys-
(vii); and than the average of the maximum Federal tem described in section 101(b)(3)(D);’’;
(iii) by inserting after clause (v) the fol- share of those projects if those projects were (ii) in subparagraph (E), by striking ‘‘and’’
lowing: not carried out under the pilot program. at the end;
‘‘(vi) contractual provisions that provide ‘‘(C) SELECTION.— (iii) in subparagraph (F), by striking the
safety contingency funds to incorporate safe- ‘‘(i) APPLICATION.—A State seeking to be a period at the end and inserting ‘‘; and’’; and
ty enhancements to work zones prior to or participating State shall— (iv) by adding at the end the following:
during roadway construction activities; or’’; ‘‘(I) submit to the Secretary an application ‘‘(G) wildlife crossing structures.’’;
and in such form, at such time, and containing (B) in paragraph (3), by inserting
(C) by adding at the end the following: such information as the Secretary may re- ‘‘148(a)(4)(B)(xvii),’’ after ‘‘119(g),’’;
‘‘(4) POOLED FUNDING.—Notwithstanding quire; and (C) by redesignating paragraphs (4)
any other provision of law, the Secretary ‘‘(II) have in place adequate financial con- through (15) as paragraphs (5), (6), (7), (8), (9),
may waive the non-Federal share of the cost trols to allow the State to determine the av- (10), (11), (12), (13), (20), (21), and (22), respec-
of a project or activity under section erage annual Federal share requirements tively;
502(b)(6) that is carried out with amounts ap- under the pilot program. (D) in paragraph (5) (as so redesignated), by
portioned under section 104(b)(2) after con- ‘‘(ii) REQUIREMENT.—For each of fiscal striking ‘‘railway-highway grade crossings’’
sidering appropriate factors, including years 2022 through 2026, the Secretary shall and inserting ‘‘projects eligible under sec-
whether— select not more than 10 States to be partici- tion 130 and installation of safety barriers
‘‘(A) decreasing or eliminating the non- pating States.’’. and nets on bridges’’;
Federal share would best serve the interests SEC. 11108. RAILWAY-HIGHWAY GRADE CROSS- (E) in paragraph (7) (as so redesignated)—
of the Federal-aid highway program; and INGS. (i) by inserting ‘‘including the mainte-
‘‘(B) the project or activity addresses na- (a) IN GENERAL.—Section 130(e) of title 23, nance and restoration of existing rec-
tional or regional high priority research, de- United States Code, is amended— reational trails,’’ after ‘‘section 206’’; and
velopment, and technology transfer problems (1) in the heading, by striking ‘‘PROTECTIVE (ii) by striking ‘‘the safe routes to school
in a manner that would benefit multiple DEVICES’’ and inserting ‘‘RAILWAY-HIGHWAY program under section 1404 of SAFETEA–LU
States or metropolitan planning organiza- GRADE CROSSINGS’’; and (23 U.S.C. 402 note)’’ and inserting ‘‘the safe
tions.’’; (2) in paragraph (1)— routes to school program under section 208’’;
(2) in subsection (e)— (A) in subparagraph (A), by striking ‘‘and (F) by inserting after paragraph (13) (as so
(A) in paragraph (1), by striking ‘‘180 days’’ the installation of protective devices at rail- redesignated) the following:
and inserting ‘‘270 days’’; and way-highway crossings’’ in the matter pre- ‘‘(14) Projects and strategies designed to
(B) in paragraph (4), by striking ‘‘perma- ceding clause (i) and all that follows through reduce the number of wildlife-vehicle colli-
nent’’; and ‘‘2020.’’ in clause (v) and inserting the fol- sions, including project-related planning, de-
(3) by adding at the end the following: lowing: ‘‘, the installation of protective de- sign, construction, monitoring, and prevent-
‘‘(l) FEDERAL SHARE FLEXIBILITY PILOT vices at railway-highway crossings, the re- ative maintenance.
PROGRAM.— placement of functionally obsolete warning ‘‘(15) The installation of electric vehicle
‘‘(1) ESTABLISHMENT.—Not later than 180 devices, and as described in subparagraph charging infrastructure and vehicle-to-grid
days after the date of enactment of the Sur- (B), not less than $245,000,000 for each of fis- infrastructure.
face Transportation Reauthorization Act of cal years 2022 through 2026.’’; and ‘‘(16) The installation and deployment of
2021, the Secretary shall establish a pilot (B) by striking subparagraph (B) and in- current and emerging intelligent transpor-
program (referred to in this subsection as serting the following: tation technologies, including the ability of
the ‘pilot program’) to give States additional ‘‘(B) REDUCING TRESPASSING FATALITIES vehicles to communicate with infrastruc-
flexibility with respect to the Federal re- AND INJURIES.—A State may use funds set ture, buildings, and other road users.
quirements under this section. aside under subparagraph (A) for projects to ‘‘(17) Planning and construction of projects
‘‘(2) PROGRAM.— reduce pedestrian fatalities and injuries that facilitate intermodal connections be-
‘‘(A) IN GENERAL.—Notwithstanding any from trespassing at grade crossings.’’. tween emerging transportation technologies,
other provision of law, a State participating (b) FEDERAL SHARE.—Section 130(f)(3) of
such as magnetic levitation and hyperloop.
title 23, United States Code, is amended by
in the pilot program (referred to in this sub- ‘‘(18) Protective features, including natural
striking ‘‘90 percent’’ and inserting ‘‘100 per-
section as a ‘participating State’) may deter- infrastructure, to enhance the resilience of a
cent’’.
mine the Federal share on a project, mul- (c) INCENTIVE PAYMENTS FOR AT-GRADE transportation facility otherwise eligible for
tiple-project, or program basis for projects CROSSING CLOSURES.—Section 130(i)(3)(B) of assistance under this section.
under any of the following: title 23, United States Code, is amended by ‘‘(19) Measures to protect a transportation
‘‘(i) The national highway performance striking ‘‘$7,500’’ and inserting ‘‘$100,000’’. facility otherwise eligible for assistance
program under section 119. (d) EXPENDITURE OF FUNDS.—Section 130(k) under this section from cybersecurity
‘‘(ii) The surface transportation block of title 23, United States Code, is amended by threats.’’; and
grant program under section 133. striking ‘‘2 percent’’ and inserting ‘‘8 per- (G) by adding at the end the following:
‘‘(iii) The highway safety improvement cent’’. ‘‘(23) Rural barge landing, dock, and water-
program under section 148. (e) GAO STUDY.—Not later than 3 years front infrastructure projects in accordance
‘‘(iv) The congestion mitigation and air after the date of enactment of this Act, the with subsection (j).
quality improvement program under section Comptroller General of the United States ‘‘(24) Projects to enhance travel and tour-
dlhill on DSK120RN23PROD with SENATE
149. shall submit to Congress a report that in- ism.’’;
‘‘(v) The national highway freight program cludes an analysis of the effectiveness of the (2) in subsection (c)—
under section 167. railway-highway crossings program under (A) in paragraph (2), by striking ‘‘para-
‘‘(vi) The carbon reduction program under section 130 of title 23, United States Code. graphs (4) through (11)’’ and inserting ‘‘para-
section 175. (f) SENSE OF CONGRESS RELATING TO TRES- graphs (5) through (15) and paragraph (23)’’;
‘‘(vii) Subsection (c) of the PROTECT pro- PASSER DEATHS ALONG RAILROAD RIGHTS-OF- (B) in paragraph (3), by striking ‘‘and’’ at
gram under section 176. WAY.—It is the sense of Congress that the De- the end;
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S5266 CONGRESSIONAL RECORD — SENATE August 1, 2021
(C) by redesignating paragraph (4) as para- the location’’ after ‘‘no longer a deficient ‘‘(i) for fiscal year 2022 and each fiscal year
graph (5); and bridge’’; thereafter, the percentage referred to in
(D) by inserting after paragraph (3) the fol- (6) in subsection (g)— paragraph (1)(A) of that subsection shall be
lowing: (A) in the subsection heading, by striking deemed to be 59 percent; and
‘‘(4) for a bridge project for the replace- ‘‘LESS THAN 5,000’’ and inserting ‘‘LESS THAN ‘‘(ii) paragraph (3) of subsection (d) shall
ment of a low water crossing (as defined by 50,000’’; and not apply.
the Secretary) with a bridge; and’’; (B) by striking paragraph (1) and inserting ‘‘(B) LOCAL CONTROL.—A State may allo-
(3) in subsection (d)— the following: cate up to 100 percent of the funds referred to
(A) in paragraph (1)— ‘‘(1) IN GENERAL.—Notwithstanding sub- in subparagraph (A)(i) if—
(i) in the matter preceding subparagraph section (c), and except as provided in para- ‘‘(i) the State submits to the Secretary a
(A), by striking ‘‘reservation’’ and inserting graph (2), up to 15 percent of the amounts re- plan that describes—
‘‘set aside’’; and quired to be obligated by a State under ‘‘(I) how funds will be allocated to coun-
(ii) in subparagraph (A)— clauses (iii) and (iv) of subsection (d)(1)(A) ties, metropolitan planning organizations,
(I) in the matter preceding clause (i), by for each fiscal year may be obligated on— regional transportation planning organiza-
striking ‘‘the percentage specified in para- ‘‘(A) roads functionally classified as rural tions as described in section 135(m), or local
graph (6) for a fiscal year’’ and inserting ‘‘55 minor collectors or local roads; or governments;
percent for each of fiscal years 2022 through ‘‘(B) on critical rural freight corridors des- ‘‘(II) how the entities described in sub-
2026’’; and ignated under section 167(e).’’; and clause (I) will carry out a competitive proc-
(II) by striking clauses (ii) and (iii) and in- (7) by adding at the end the following: ess to select projects for funding and report
serting the following: ‘‘(j) RURAL BARGE LANDING, DOCK, AND WA- selected projects to the State;
‘‘(ii) in urbanized areas of the State with TERFRONT INFRASTRUCTURE PROJECTS.— ‘‘(III) the legal, financial, and technical ca-
an urbanized area population of not less than ‘‘(1) IN GENERAL.—A State may use not pacity of the entities described in subclause
50,000 and not more than 200,000; more than 5 percent of the funds apportioned (I);
‘‘(iii) in urban areas of the State with a to the State under section 104(b)(2) for eligi- ‘‘(IV) how input was gathered from the en-
population not less than 5,000 and not more ble rural barge landing, dock, and waterfront tities described in subclause (I) to ensure
than 49,999; and infrastructure projects described in para- those entities will be able to comply with
‘‘(iv) in other areas of the State with a graph (2). the requirements of this subsection; and
population less than 5,000; and’’; ‘‘(2) ELIGIBLE PROJECTS.—An eligible rural ‘‘(V) how the State will comply with para-
(B) by striking paragraph (3) and inserting barge landing, dock, or waterfront infra- graph (8); and
the following: ‘‘(ii) the Secretary approves the plan sub-
structure project referred to in paragraph (1)
‘‘(3) LOCAL CONSULTATION.— mitted under clause (i).’’;
is a project for the planning, designing, engi-
‘‘(A) CONSULTATION WITH METROPOLITAN (C) by striking paragraph (3) and inserting
neering, or construction of a barge landing,
PLANNING ORGANIZATIONS.—For purposes of the following:
dock, or other waterfront infrastructure in a
clause (ii) of paragraph (1)(A), a State shall— ‘‘(3) ELIGIBLE PROJECTS.—Funds set aside
rural community or a Native village (as de-
‘‘(i) establish a process to consult with all under this subsection may be obligated for—
fined in section 3 of the Alaska Native
metropolitan planning organizations in the ‘‘(A) projects or activities described in sec-
Claims Settlement Act (43 U.S.C. 1602)) that
State that represent an urbanized area de- tion 101(a)(29) or 213, as those provisions were
is off the road system.
scribed in that clause; and in effect on the day before the date of enact-
‘‘(ii) describe how funds allocated for areas ‘‘(k) PROJECTS IN RURAL AREAS.— ment of the FAST Act (Public Law 114–94; 129
described in that clause will be allocated eq- ‘‘(1) SET ASIDE.—Notwithstanding sub- Stat. 1312);
uitably among the applicable urbanized section (c), in addition to the activities de- ‘‘(B) projects and activities under the safe
areas during the period of fiscal years 2022 scribed in subsections (b) and (g), of the routes to school program under section 208;
through 2026. amounts apportioned to a State for each fis- and
‘‘(B) CONSULTATION WITH REGIONAL TRANS- cal year to carry out this section, not more ‘‘(C) activities in furtherance of a vulner-
PORTATION PLANNING ORGANIZATIONS.—For than 15 percent may be— able road user safety assessment (as defined
purposes of clauses (iii) and (iv) of paragraph ‘‘(A) used on eligible projects under sub- in section 148(a)).’’;
(1)(A), before obligating funding attributed section (b) or maintenance activities on (D) in paragraph (4)—
to an area with a population less than 50,000, roads functionally classified as rural minor (i) by striking subparagraph (A);
a State shall consult with the regional trans- collectors or local roads, ice roads, or sea- (ii) by redesignating subparagraph (B) as
portation planning organizations that rep- sonal roads; or subparagraph (A);
resent the area, if any.’’; and ‘‘(B) transferred to— (iii) in subparagraph (A) (as so redesig-
(C) by striking paragraph (6); ‘‘(i) the Appalachian Highway System Pro- nated)—
(4) in subsection (e)(1), in the matter pre- gram under 14501 of title 40; or (I) by redesignating clauses (vii) and (viii)
ceding subparagraph (A), by striking ‘‘fiscal ‘‘(ii) the Denali access system program as clauses (viii) and (ix), respectively;
years 2016 through 2020’’ and inserting ‘‘fiscal under section 309 of the Denali Commission (II) by inserting after clause (vi) the fol-
years 2022 through 2026’’; Act of 1998 (42 U.S.C. 3121 note; Public Law lowing:
(5) in subsection (f)— 105–277). ‘‘(vii) a metropolitan planning organiza-
(A) in paragraph (1)— ‘‘(2) SAVINGS CLAUSE.—Amounts allocated tion that serves an urbanized area with a
(i) by inserting ‘‘or low water crossing (as under subsection (d) shall not be used to population of 200,000 or fewer;’’;
defined by the Secretary)’’ after ‘‘a highway carry out this subsection, except at the re- (III) in clause (viii) (as so redesignated), by
bridge’’; and quest of the applicable metropolitan plan- striking ‘‘responsible’’ and all that follows
(ii) by inserting ‘‘or low water crossing (as ning organization.’’. through ‘‘programs; and’’ and inserting a
defined by the Secretary)’’ after ‘‘other than (b) SET-ASIDE.— semicolon;
a bridge’’; (1) IN GENERAL.—Section 133(h) of title 23, (IV) in clause (ix) (as so redesignated)—
(B) in paragraph (2)(A)— United States Code, is amended— (aa) by inserting ‘‘that serves an urbanized
(i) by striking ‘‘activities described in sub- (A) in paragraph (1)— area with a population of over 200,000’’ after
section (b)(2) for off-system bridges’’ and in- (i) in the heading, by striking ‘‘RESERVA- ‘‘metropolitan planning organization’’; and
serting ‘‘activities described in paragraphs TION OF FUNDS’’ and inserting ‘‘IN GENERAL’’; (bb) by striking the period at the end and
(1)(A) and (10) of subsection (b) for off-system and inserting ‘‘; and’’; and
bridges, projects and activities described in (ii) in the matter preceding subparagraph (V) by adding at the end the following:
subsection (b)(1)(A) for the replacement of (A), by striking ‘‘for each fiscal year’’ and all ‘‘(x) a State, at the request of an entity de-
low water crossings with bridges, and that follows through ‘‘and’’ at the end of sub- scribed in clauses (i) through (ix).’’; and
projects and activities described in sub- paragraph (A)(ii) and inserting the following: (iv) by adding at the end the following:
section (b)(10) for low water crossings (as de- ‘‘for fiscal year 2022 and each fiscal year ‘‘(B) COMPETITIVE PROCESS.—A State or
fined by the Secretary),’’; and thereafter— metropolitan planning organization required
(ii) by striking ‘‘15 percent’’ and inserting ‘‘(A) the Secretary shall set aside an to obligate funds in accordance with para-
‘‘20 percent’’; and amount equal to 10 percent to carry out this graph (2) shall develop a competitive process
(C) in paragraph (3), in the matter pre- subsection; and’’; to allow eligible entities to submit projects
ceding subparagraph (A)— (B) by striking paragraph (2) and inserting for funding that achieve the objectives of
(i) by striking ‘‘bridge or rehabilitation of the following: this subsection.
a bridge’’ and inserting ‘‘bridge, rehabilita- ‘‘(2) ALLOCATION WITHIN A STATE.— ‘‘(C) SELECTION.—A metropolitan planning
dlhill on DSK120RN23PROD with SENATE
tion of a bridge, or replacement of a low ‘‘(A) IN GENERAL.—Except as provided in organization for an area described in sub-
water crossing (as defined by the Secretary) subparagraph (B), funds set aside for a State section (d)(1)(A)(i) shall select projects under
with a bridge’’; and under paragraph (1) shall be obligated within the competitive process described in sub-
(ii) by inserting ‘‘or, in the case of a re- that State in the manner described in sub- paragraph (B) in consultation with the rel-
placement of a low water crossing with a section (d), except that, for purposes of this evant State.
bridge, is determined by the Secretary on paragraph (after funds are made available ‘‘(D) PRIORITIZATION.—The competitive
completion to have improved the safety of under paragraph (5))— process described in subparagraph (B) shall
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August 1, 2021 CONGRESSIONAL RECORD — SENATE S5267
include prioritization of project location and ‘‘(IV) the location, including the congres- ‘‘(cc) other surface transportation im-
impact in high-need areas as defined by the sional district; provements;
State, such as low-income, transit-depend- ‘‘(V) the type; ‘‘(vii) a project for a marine highway cor-
ent, rural, or other areas.’’; ‘‘(VI) the cost; and ridor designated by the Secretary under sec-
(E) in paragraph (5)(A), by striking ‘‘re- ‘‘(VII) a brief description.’’. tion 55601(c) of title 46 (including an inland
served under this section’’ and inserting ‘‘set (2) STATE TRANSFERABILITY.—Section waterway corridor), if the Secretary deter-
aside under this subsection’’; 126(b)(2) of title 23, United States Code, is mines that the project—
(F) in paragraph (6)— amended— ‘‘(I) is functionally connected to the Na-
(i) in subparagraph (B), by striking ‘‘re- (A) by striking the period at the end and tional Highway Freight Network; and
served’’ and inserting ‘‘set aside’’; and inserting ‘‘; and’’; ‘‘(II) is likely to reduce on-road mobile
(ii) by adding at the end the following: (B) by striking ‘‘reserved for a State under source emissions; or
‘‘(C) IMPROVING ACCESSIBILITY AND EFFI- section 133(h) for a fiscal year may’’ and in- ‘‘(viii) a highway, bridge, or freight project
CIENCY.— serting the following: ‘‘set aside for a State carried out on the National Multimodal
‘‘(i) IN GENERAL.—A State may use an under section 133(h) for a fiscal year— Freight Network established under section
amount equal to not more than 5 percent of ‘‘(A) may’’; and 70103 of title 49; and’’; and
the funds set aside for the State under this (C) by adding at the end the following: (B) in paragraph (2)(A), in the matter pre-
subsection, after allocating funds in accord- ‘‘(B) may only be transferred if the Sec- ceding clause (i)—
ance with paragraph (2)(A), to improve the retary certifies that the State— (i) by striking ‘‘$600,000,000’’ and inserting
ability of applicants to access funding for ‘‘(i) held a competition in compliance with ‘‘30 percent’’; and
projects under this subsection in an efficient the guidance issued to carry out section (ii) by striking ‘‘fiscal years 2016 through
and expeditious manner by providing— 133(h) and provided sufficient time for appli- 2020, in the aggregate,’’ and inserting ‘‘each
‘‘(I) to applicants for projects under this cants to apply; of fiscal years 2022 through 2026’’;
subsection application assistance, technical ‘‘(ii) offered to each eligible entity, and (6) in subsection (e)—
assistance, and assistance in reducing the pe- provided on request of an eligible entity, (A) in paragraph (1), by striking ‘‘10 per-
riod of time between the selection of the technical assistance; and cent’’ and inserting ‘‘not less than 15 per-
project and the obligation of funds for the ‘‘(iii) demonstrates that there were not cent’’;
project; and sufficiently suitable applications from eligi- (B) in paragraph (3)—
‘‘(II) funding for 1 or more full-time State ble entities to use the funds to be trans- (i) in subparagraph (A), by striking ‘‘and’’
employee positions to administer this sub- ferred.’’. at the end;
section. SEC. 11110. NATIONALLY SIGNIFICANT FREIGHT (ii) in subparagraph (B), by striking the pe-
‘‘(ii) USE OF FUNDS.—Amounts used under AND HIGHWAY PROJECTS. riod at the end and inserting ‘‘; and’’; and
clause (i) may be expended— (a) IN GENERAL.—Section 117 of title 23, (iii) by adding at the end the following:
‘‘(I) directly by the State; or United States Code, is amended— ‘‘(C) the effect of the proposed project on
‘‘(II) through contracts with State agen- (1) in the section heading, by inserting safety on freight corridors with significant
cies, private entities, or nonprofit entities.’’; ‘‘multimodal’’ before ‘‘freight’’; hazards, such as high winds, heavy snowfall,
(G) by redesignating paragraph (7) as para- (2) in subsection (a)(2)— flooding, rockslides, mudslides, wildfire,
graph (8); (A) in subparagraph (A), by inserting ‘‘in wildlife crossing onto the roadway, or steep
(H) by inserting after paragraph (6) the fol- and across rural and urban areas’’ after grades.’’; and
lowing: ‘‘people’’; (C) by adding at the end the following:
‘‘(7) FEDERAL SHARE.— (B) in subparagraph (C), by inserting ‘‘or ‘‘(4) REQUIREMENT.—Of the amounts re-
‘‘(A) REQUIRED AGGREGATE NON-FEDERAL freight’’ after ‘‘highway’’; served under paragraph (1), not less than 30
SHARE.—The average annual non-Federal (C) in subparagraph (E), by inserting ‘‘or percent shall be used for projects in rural
share of the total cost of all projects for freight’’ after ‘‘highway’’; and areas (as defined in subsection (i)(3)).’’;
which funds are obligated under this sub- (D) in subparagraph (F), by inserting ‘‘, in- (7) in subsection (f)(2), by inserting ‘‘(in-
section in a State for a fiscal year shall be cluding highways that support movement of cluding a project to replace or rehabilitate a
not less than the average non-Federal share energy equipment’’ after ‘‘security’’; culvert, or to reduce stormwater runoff for
of the cost of the projects that would other- (3) in subsection (b), by adding at the end the purpose of improving habitat for aquatic
wise apply. the following: species)’’ after ‘‘environmental mitigation’’;
‘‘(B) FLEXIBLE FINANCING.—Subject to sub- ‘‘(3) GRANT ADMINISTRATION.—The Sec- (8) in subsection (h)—
paragraph (A), notwithstanding section 120— retary may— (A) in paragraph (2), by striking ‘‘and’’ at
‘‘(i) funds made available to carry out sec- ‘‘(A) retain not more than a total of 2 per- the end;
tion 148 may be credited toward the non-Fed- cent of the funds made available to carry out (B) in paragraph (3), by striking the period
eral share of the costs of a project under this this section for the National Surface Trans- at the end and inserting a semicolon; and
subsection if the project— portation and Innovative Finance Bureau to (C) by adding at the end the following:
‘‘(I) is an eligible project described in sec- review applications for grants under this sec- ‘‘(4) enhancement of freight resilience to
tion 148(e)(1); and tion; and natural hazards or disasters, including high
‘‘(II) is consistent with the State strategic ‘‘(B) transfer portions of the funds retained winds, heavy snowfall, flooding, rockslides,
highway safety plan (as defined in section under subparagraph (A) to the relevant Ad- mudslides, wildfire, wildlife crossing onto
148(a)); ministrators to fund the award and oversight the roadway, or steep grades;
‘‘(ii) the non-Federal share for a project of grants provided under this section.’’; ‘‘(5) whether the project will improve the
under this subsection may be calculated on a (4) in subsection (c)(1)— shared transportation corridor of a
project, multiple-project, or program basis; (A) by redesignating subparagraph (H) as multistate corridor organization, if applica-
and subparagraph (I); and ble; and
‘‘(iii) the Federal share of the cost of an in- (B) by inserting after subparagraph (G) the ‘‘(6) prioritizing projects located in States
dividual project in this section may be up to following: in which neither the State nor an eligible en-
100 percent. ‘‘(H) A multistate corridor organization.’’; tity in that State has been awarded a grant
‘‘(C) REQUIREMENT.—Subparagraph (B) (5) in subsection (d)— under this section.’’;
shall only apply to a State if the State has (A) in paragraph (1)(A)— (9) in subsection (i)(2), by striking ‘‘other
adequate financial controls, as certified by (i) in clause (iii)(II), by striking ‘‘or’’ at grants under this section’’ and inserting
the Secretary, to account for the average an- the end; ‘‘grants under subsection (e)’’;
nual non-Federal share under this para- (ii) in clause (iv), by striking ‘‘and’’ at the (10) in subsection (j)—
graph.’’; and end; and (A) by striking the subsection designation
(I) in subparagraph (A) of paragraph (8) (as (iii) by adding at the end the following: and heading and all that follows through
so redesignated)— ‘‘(v) a wildlife crossing project; ‘‘The Federal share’’ in paragraph (1) and in-
(i) in the matter preceding clause (i), by ‘‘(vi) a surface transportation infrastruc- serting the following:
striking ‘‘describes’’ and inserting ‘‘in- ture project that— ‘‘(j) FEDERAL ASSISTANCE.—
cludes’’; and ‘‘(I) is located within the boundaries of or ‘‘(1) FEDERAL SHARE.—
(ii) by striking clause (ii) and inserting the functionally connected to an international ‘‘(A) IN GENERAL.—Except as provided in
following: border crossing area in the United States; subparagraph (B) or for a grant under sub-
‘‘(ii) a list of each project selected for fund- ‘‘(II) improves a transportation facility section (q), the Federal share’’;
dlhill on DSK120RN23PROD with SENATE
ing for each fiscal year, including, for each owned by a Federal, State, or local govern- (B) in paragraph (1), by adding at the end
project— ment entity; and the following:
‘‘(I) the fiscal year during which the ‘‘(III) increases throughput efficiency of ‘‘(B) SMALL PROJECTS.—In the case of a
project was selected; the border crossing described in subclause project described in subsection (e)(1), the
‘‘(II) the fiscal year in which the project is (I), including— Federal share of the cost of the project shall
anticipated to be funded; ‘‘(aa) a project to add lanes; be 80 percent.’’; and
‘‘(III) the recipient; ‘‘(bb) a project to add technology; and (C) in paragraph (2)—
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S5268 CONGRESSIONAL RECORD — SENATE August 1, 2021
(i) by striking ‘‘Federal assistance other’’ Infrastructure of the House of Representa- ‘‘(ii) the factors that went into the selec-
and inserting ‘‘Except for grants under sub- tives a report describing the proposed grant, tion of each project; and
section (q), Federal assistance other’’; and including— ‘‘(iii) the justification for the selection of
(ii) by striking ‘‘except that the total Fed- ‘‘(A) an evaluation and justification for the each project based on any criteria estab-
eral’’ and inserting the following: ‘‘except applicable project; and lished by the Secretary in accordance with
that— ‘‘(B) a description of the amount of the this section.
‘‘(A) for a State with a population density proposed grant award.’’; ‘‘(3) INSPECTOR GENERAL.—Not later than 1
of not more than 80 persons per square mile (14) by inserting after subsection (n) (as so year after the date of enactment of the Sur-
of land area, based on the 2010 census, the redesignated) the following: face Transportation Reauthorization Act of
maximum share of the total Federal assist- ‘‘(o) APPLICANT NOTIFICATION.— 2021 and annually thereafter, the Inspector
ance provided for a project receiving a grant ‘‘(1) IN GENERAL.—Not later than 60 days General of the Department of Transportation
under this section shall be the applicable after the date on which a grant recipient for shall—
share under section 120(b); and a project under this section is selected, the ‘‘(A) conduct an assessment of the estab-
‘‘(B) for a State not described in subpara- Secretary shall provide to each eligible ap- lishment, solicitation, selection, and jus-
graph (A), the total Federal’’; plicant not selected for that grant a written tification process with respect to the funding
(11) by redesignating subsections (k) notification that the eligible applicant was of projects under this section; and
through (n) as subsections (l), (m), (n), and not selected. ‘‘(B) submit to the Committee on Environ-
(p), respectively; ‘‘(2) INCLUSION.—A written notification ment and Public Works of the Senate and
(12) by inserting after subsection (j) the under paragraph (1) shall include an offer for the Committee on Transportation and Infra-
following: a written or telephonic debrief by the Sec- structure of the House of Representatives a
‘‘(k) EFFICIENT USE OF NON-FEDERAL retary that will provide— final report that describes the findings of the
FUNDS.— ‘‘(A) detail on the evaluation of the appli- Inspector General of the Department of
‘‘(1) IN GENERAL.—Notwithstanding any cation of the eligible applicant; and Transportation with respect to the assess-
other provision of law and subject to ap- ‘‘(B) an explanation of and guidance on the ment conducted under subparagraph (A).
proval by the Secretary under paragraph reasons the application was not selected for
(2)(B), in the case of any grant for a project a grant under this section. ‘‘(q) STATE INCENTIVES PILOT PROGRAM.—
under this section, during the period begin- ‘‘(3) RESPONSE.— ‘‘(1) ESTABLISHMENT.—There is established
ning on the date on which the grant recipi- ‘‘(A) IN GENERAL.—Not later than 30 days a pilot program to award grants to eligible
ent is selected and ending on the date on after the eligible applicant receives a writ- applicants for projects eligible for grants
which the grant agreement is signed— ten notification under paragraph (1), if the under this section (referred to in this sub-
‘‘(A) the grant recipient may obligate and eligible applicant opts to receive a debrief section as the ‘pilot program’).
expend non-Federal funds with respect to the described in paragraph (2), the eligible appli- ‘‘(2) PRIORITY.—In awarding grants under
project for which the grant is provided; and cant shall notify the Secretary that the eli- the pilot program, the Secretary shall give
‘‘(B) any non-Federal funds obligated or ex- gible applicant is requesting a debrief. priority to an application that offers a great-
pended in accordance with subparagraph (A) ‘‘(B) DEBRIEF.—If the eligible applicant er non-Federal share of the cost of a project
shall be credited toward the non-Federal cost submits a request for a debrief under sub- relative to other applications under the pilot
share for the project for which the grant is paragraph (A), the Secretary shall provide program.
provided. the debrief by not later than 60 days after ‘‘(3) FEDERAL SHARE.—
‘‘(2) REQUIREMENTS.— the date on which the Secretary receives the ‘‘(A) IN GENERAL.—Notwithstanding any
‘‘(A) APPLICATION.—In order to obligate request for a debrief.’’; and other provision of law, the Federal share of
and expend non-Federal funds under para- (15) by striking subsection (p) (as so redes- the cost of a project assisted with a grant
graph (1), the grant recipient shall submit to ignated) and inserting the following: under the pilot program may not exceed 50
the Secretary a request to obligate and ex- ‘‘(p) REPORTS.— percent.
pend non-Federal funds under that para- ‘‘(1) ANNUAL REPORT.— ‘‘(B) NO FEDERAL INVOLVEMENT.—
graph, including— ‘‘(A) IN GENERAL.—Notwithstanding any ‘‘(i) IN GENERAL.—For grants awarded
‘‘(i) a description of the activities the other provision of law, not later than 30 days under the pilot program, except as provided
grant recipient intends to fund; after the date on which the Secretary selects in clause (ii), an eligible applicant may not
‘‘(ii) a justification for advancing the ac- a project for funding under this section, the use Federal assistance to satisfy the non-
tivities described in clause (i), including an Secretary shall submit to the Committee on Federal share of the cost under subparagraph
assessment of the effects to the project Environment and Public Works of the Senate (A).
scope, schedule, and budget if the request is and the Committee on Transportation and ‘‘(ii) EXCEPTION.—An eligible applicant
not approved; and Infrastructure of the House of Representa- may use funds from a secured loan (as de-
‘‘(iii) the level of risk of the activities de- tives a report that describes the reasons for fined in section 601(a)) to satisfy the non-
scribed in clause (i). selecting the project, based on any criteria Federal share of the cost under subparagraph
‘‘(B) APPROVAL.—The Secretary shall ap- established by the Secretary in accordance (A) if the loan is repayable from non-Federal
prove or disapprove each request submitted with this section. funds.
under subparagraph (A). ‘‘(B) INCLUSIONS.—The report submitted ‘‘(4) RESERVATION.—
‘‘(C) COMPLIANCE WITH APPLICABLE REQUIRE- under subparagraph (A) shall specify each ‘‘(A) IN GENERAL.—Of the amounts made
MENTS.—Any non-Federal funds obligated or criterion established by the Secretary that available to provide grants under this sec-
expended under paragraph (1) shall comply the project meets. tion, the Secretary shall reserve for each fis-
with all applicable requirements, including ‘‘(C) AVAILABILITY.—The Secretary shall cal year $150,000,000 to provide grants under
any requirements included in the grant make available on the website of the Depart- the pilot program.
agreement. ment of Transportation the report submitted ‘‘(B) UNUTILIZED AMOUNTS.—In any fiscal
‘‘(3) EFFECT.—The obligation or expendi- under subparagraph (A). year during which applications under this
ture of any non-Federal funds in accordance ‘‘(D) APPLICABILITY.—This paragraph ap- subsection are insufficient to effect an award
with this subsection shall not— plies to all projects described in subpara- or allocation of the entire amount reserved
‘‘(A) affect the signing of a grant agree- graph (A) that the Secretary selects on or under subparagraph (A), the Secretary shall
ment or other applicable grant procedures after October 1, 2021. use the unutilized amounts to provide other
with respect to the applicable grant; ‘‘(2) COMPTROLLER GENERAL.— grants under this section.
‘‘(B) create an obligation on the part of the ‘‘(A) ASSESSMENT.—The Comptroller Gen- ‘‘(5) SET-ASIDES.—
Federal Government to repay any non-Fed- eral of the United States shall conduct an as- ‘‘(A) SMALL PROJECTS.—
eral funds if the grant agreement is not sessment of the establishment, solicitation, ‘‘(i) IN GENERAL.—Of the amounts reserved
signed; or selection, and justification process with re- under paragraph (4)(A), the Secretary shall
‘‘(C) affect the ability of the recipient of spect to the funding of projects under this reserve for each fiscal year not less than 10
the grant to obligate or expend non-Federal section. percent for projects eligible for a grant under
funds to meet the non-Federal cost share for ‘‘(B) REPORT.—Not later than 1 year after subsection (e).
the project for which the grant is provided the date of enactment of the Surface Trans- ‘‘(ii) REQUIREMENT.—For a grant awarded
after the period described in paragraph (1).’’; portation Reauthorization Act of 2021 and from the amount reserved under clause (i)—
(13) in subsection (n) (as so redesignated), annually thereafter, the Comptroller Gen- ‘‘(I) the requirements of subsection (e)
by striking paragraph (1) and inserting the eral of the United States shall submit to the shall apply; and
following: Committee on Environment and Public ‘‘(II) the requirements of subsection (g)
dlhill on DSK120RN23PROD with SENATE
‘‘(1) IN GENERAL.—Not later than 60 days Works of the Senate and the Committee on shall not apply.
before the date on which a grant is provided Transportation and Infrastructure of the ‘‘(B) RURAL PROJECTS.—
for a project under this section, the Sec- House of Representatives a report that de- ‘‘(i) IN GENERAL.—Of the amounts reserved
retary shall submit to the Committees on scribes, for each project selected to receive under paragraph (4)(A), the Secretary shall
Commerce, Science, and Transportation and funding under this section— reserve for each fiscal year not less than 25
Environment and Public Works of the Senate ‘‘(i) the process by which each project was percent for projects eligible for a grant under
and the Committee on Transportation and selected; subsection (i).
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August 1, 2021 CONGRESSIONAL RECORD — SENATE S5269
‘‘(ii) REQUIREMENT.—For a grant awarded ‘‘(viii) Construction or installation of fea- ‘‘(B) described in the term ‘number of non-
from the amount reserved under clause (i), tures, measures, and road designs to calm motorized serious injuries’ in that section.
the requirements of subsection (i) shall traffic and reduce vehicle speeds.’’; ‘‘(16) VULNERABLE ROAD USER SAFETY AS-
apply. (iv) by striking clause (xxvi) and inserting SESSMENT.—The term ‘vulnerable road user
‘‘(6) REPORT TO CONGRESS.—Not later than 2 the following: safety assessment’ means an assessment of
years after the date of enactment of this sub- ‘‘(xxvi) Installation or upgrades of traffic the safety performance of the State with re-
section, the Secretary shall submit to the control devices for pedestrians and spect to vulnerable road users and the plan
Committee on Environment and Public bicyclists, including pedestrian hybrid bea- of the State to improve the safety of vulner-
Works and the Committee on Commerce, cons and the addition of bicycle movement able road users as described in subsection
Science, and Transportation of the Senate phases to traffic signals.’’; and (l).’’;
and the Committee on Transportation and (v) by striking clauses (xxvii) and (xxviii) (2) in subsection (c)—
Infrastructure of the House of Representa- and inserting the following: (A) in paragraph (1)(A), by striking ‘‘sub-
tives a report that describes the administra- ‘‘(xxvii) Roadway improvements that pro- sections (a)(11)’’ and inserting ‘‘subsections
tion of the pilot program, including— vide separation between pedestrians and (a)(13)’’; and
‘‘(A) the number, types, and locations of el- motor vehicles or between bicyclists and (B) in paragraph (2)—
igible applicants that have applied for grants motor vehicles, including medians, pedes- (i) in subparagraph (A)(vi), by inserting
under the pilot program; trian crossing islands, protected bike lanes, ‘‘and to differentiate the safety data for vul-
‘‘(B) the number, types, and locations of and protected intersection features. nerable road users, including bicyclists, mo-
grant recipients under the pilot program; ‘‘(xxviii) A pedestrian security feature de- torcyclists, and pedestrians, from other road
‘‘(C) an assessment of whether implemen- signed to slow or stop a motor vehicle. users’’ after ‘‘crashes’’;
tation of the pilot program has incentivized ‘‘(xxix) A physical infrastructure safety (ii) in subparagraph (B)(i), by striking ‘‘(in-
eligible applicants to offer a greater non- project not described in clauses (i) through cluding motorcyclists), bicyclists, pedes-
Federal share for grants under the pilot pro- (xxviii).’’; trians,’’ and inserting ‘‘, vulnerable road
gram; and (B) by redesignating paragraphs (9) users (including motorcyclists, bicyclists,
‘‘(D) any recommendations for modifica- through (12) as paragraphs (10), (12), (13), and pedestrians),’’; and
tions to the pilot program. (14), respectively; (iii) in subparagraph (D)—
‘‘(r) MULTISTATE CORRIDOR ORGANIZATION (C) by inserting after paragraph (8) the fol- (I) in clause (iv), by striking ‘‘and’’ at the
DEFINED.—For purposes of this section, the lowing: end;
term ‘multistate corridor organization’ ‘‘(9) SAFE SYSTEM APPROACH.—The term (II) in clause (v), by striking the semicolon
means an organization of a group of States ‘safe system approach’ means a roadway de- at the end and inserting ‘‘; and’’; and
developed through cooperative agreements, sign— (III) by adding at the end the following:
coalitions, or other arrangements to pro- ‘‘(A) that emphasizes minimizing the risk ‘‘(vi) improves the ability of the State to
mote regional cooperation, planning, and of injury or fatality to road users; and differentiate the fatalities and serious inju-
shared project implementation for programs ‘‘(B) that— ries of vulnerable road users, including
and projects to improve transportation sys- ‘‘(i) takes into consideration the possi- bicyclists, motorcyclists, and pedestrians,
tem management and operations for a shared bility and likelihood of human error; from other road users;’’;
transportation corridor. ‘‘(ii) accommodates human injury toler- (3) in subsection (d)(2)(B)(i), by striking
‘‘(s) ADDITIONAL AUTHORIZATION OF APPRO- ance by taking into consideration likely ac- ‘‘subsection (a)(11)’’ and inserting ‘‘sub-
PRIATIONS.—In addition to amounts made cident types, resulting impact forces, and section (a)(13)’’;
available from the Highway Trust Fund, the ability of the human body to withstand (4) in subsection (e), by adding at the end
there are authorized to be appropriated to impact forces; and the following:
carry out this section, to remain available ‘‘(iii) takes into consideration vulnerable ‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFE-
for a period of 3 fiscal years following the fis- road users.’’; TY PROJECTS.—
cal year for which the amounts are appro- (D) by inserting after paragraph (10) (as so ‘‘(A) IN GENERAL.—To advance the imple-
priated— redesignated) the following: mentation of a State strategic highway safe-
‘‘(1) $1,000,000,000 for fiscal year 2022; ‘‘(11) SPECIFIED SAFETY PROJECT.— ty plan, a State may use not more than 10
‘‘(2) $1,100,000,000 for fiscal year 2023; ‘‘(A) IN GENERAL.—The term ‘specified safe- percent of the amounts apportioned to the
‘‘(3) $1,200,000,000 for fiscal year 2024; ty project’ means a project carried out for State under section 104(b)(3) for a fiscal year
‘‘(4) $1,300,000,000 for fiscal year 2025; and the purpose of safety under any other section to carry out specified safety projects.
‘‘(5) $1,400,000,000 for fiscal year 2026.’’. of this title that is consistent with the State ‘‘(B) RULE OF CONSTRUCTION.—Nothing in
(b) CLERICAL AMENDMENT.—The analysis strategic highway safety plan. this paragraph requires a State to revise any
for chapter 1 of title 23, United States Code, ‘‘(B) INCLUSION.—The term ‘specified safety State process, plan, or program in effect on
is amended by striking the item relating to project’ includes a project that— the date of enactment of this paragraph.
section 117 and inserting the following: ‘‘(i) promotes public awareness and informs ‘‘(C) EFFECT OF PARAGRAPH.—
the public regarding highway safety matters ‘‘(i) REQUIREMENTS.—A project carried out
‘‘117. Nationally significant multimodal
(including safety for motorcyclists, under this paragraph shall be subject to all
freight and highway projects.’’.
bicyclists, pedestrians, individuals with dis-
(c) EFFICIENT USE OF NON-FEDERAL requirements under this section that apply
abilities, and other road users);
FUNDS.— to a highway safety improvement project.
‘‘(ii) facilitates enforcement of traffic safe-
(1) IN GENERAL.—Notwithstanding any ‘‘(ii) OTHER APPORTIONED PROGRAMS.—
ty laws;
other provision of law, in the case of a grant Nothing in this paragraph prohibits the use
‘‘(iii) provides infrastructure and infra-
described in paragraph (2), section 117(k) of of funds made available under other provi-
structure-related equipment to support
title 23, United States Code, shall apply to sions of this title for a specified safety
emergency services;
the grant as if the grant was a grant pro- project that is a noninfrastructure project.’’;
‘‘(iv) conducts safety-related research to
vided under that section. (5) in subsection (g), by adding at the end
evaluate experimental safety counter-
(2) GRANT DESCRIBED.—A grant referred to the following:
measures or equipment; or
in paragraph (1) is a grant that is— ‘‘(3) VULNERABLE ROAD USER SAFETY.—If
‘‘(v) supports safe routes to school non-
(A) provided under a competitive discre- the total annual fatalities of vulnerable road
infrastructure-related activities described in
tionary grant program administered by the users in a State represents not less than 15
section 208(g)(2).’’;
Federal Highway Administration; percent of the total annual crash fatalities
(E) in paragraph (13) (as so redesignated)—
(B) for a project eligible under title 23, in the State, that State shall be required to
(i) by redesignating subparagraphs (G), (H),
United States Code; and obligate not less than 15 percent of the
and (I) as subparagraphs (H), (I), and (J), re-
(C) in an amount greater than $5,000,000. amounts apportioned to the State under sec-
spectively; and
SEC. 11111. HIGHWAY SAFETY IMPROVEMENT tion 104(b)(3) for the following fiscal year for
(ii) by inserting after subparagraph (F) the
PROGRAM. highway safety improvement projects to ad-
following;
dress the safety of vulnerable road users.’’;
(a) IN GENERAL.—Section 148 of title 23, ‘‘(G) includes a vulnerable road user safety
and
United States Code, is amended— assessment;’’; and
(6) by adding at the end the following:
(1) in subsection (a)— (F) by adding at the end the following:
(A) in paragraph (4)(B)— ‘‘(15) VULNERABLE ROAD USER.—The term ‘‘(l) VULNERABLE ROAD USER SAFETY AS-
(i) in clause (i), by inserting ‘‘that provides ‘vulnerable road user’ means a non- SESSMENT.—
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for the safety of all road users, as appro- motorist— ‘‘(1) IN GENERAL.—Not later than 2 years
priate, including a multimodal roundabout’’ ‘‘(A) with a fatality analysis reporting sys- after the date of enactment of this sub-
after ‘‘improvement’’; tem person attribute code that is included in section, each State shall complete a vulner-
(ii) in clause (vi), by inserting ‘‘or a grade the definition of the term ‘number of non- able road user safety assessment.
separation project’’ after ‘‘devices’’; motorized fatalities’ in section 490.205 of ‘‘(2) CONTENTS.—A vulnerable road user
(iii) by striking clause (viii) and inserting title 23, Code of Federal Regulations (or suc- safety assessment under paragraph (1) shall
the following: cessor regulations); or include—
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S5270 CONGRESSIONAL RECORD — SENATE August 1, 2021
‘‘(A) a quantitative analysis of vulnerable (1) in subsection (b)(7)(B), by striking ‘‘de- (B) in paragraph (7), by inserting ‘‘shared
road user fatalities and serious injuries termined in accordance with section 120’’, micromobility (including bikesharing and
that— and inserting ‘‘be up to 100 percent’’; and shared scooter systems),’’ after
‘‘(i) includes data such as location, road- (2) in subsection (c)(8)(A), by striking ‘‘5 ‘‘carsharing,’’;
way functional classification, design speed, percent’’ and inserting ‘‘20 percent’’. (C) in paragraph (8)—
speed limit, and time of day; (b) FEDERAL LANDS ACCESS PROGRAM.—Sec- (i) in subparagraph (A)—
‘‘(ii) considers the demographics of the lo- tion 204(a) of title 23, United States Code, is (I) in the matter preceding clause (i), by in-
cations of fatalities and serious injuries, in- amended— serting ‘‘replacements or’’ before ‘‘retrofits’’;
cluding race, ethnicity, income, and age; and (1) in paragraph (1)(A)— (II) by striking clause (i) and inserting the
‘‘(iii) based on the data, identifies areas as (A) in the matter preceding clause (i), by
following:
‘high-risk’ to vulnerable road users; and inserting ‘‘context-sensitive solutions,’’ after
‘‘(i) verified technologies (as defined in sec-
‘‘(B) a program of projects or strategies to ‘‘restoration,’’;
tion 791 of the Energy Policy Act of 2005 (42
reduce safety risks to vulnerable road users (B) in clause (i), by inserting ‘‘, including
interpretive panels in or adjacent to those U.S.C. 16131)) for motor vehicles (as defined
in areas identified as high-risk under sub-
areas’’ after ‘‘areas’’; in section 216 of the Clean Air Act (42 U.S.C.
paragraph (A)(iii).
(C) in clause (v), by striking ‘‘and’’ at the 7550)); or’’; and
‘‘(3) USE OF DATA.—In carrying out a vul-
nerable road user safety assessment under end; (III) in clause (ii)(II), by striking ‘‘or’’ at
paragraph (1), a State shall use data from (D) by redesignating clause (vi) as clause the end; and
the most recent 5-year period for which data (ix); and (ii) in subparagraph (B), by inserting ‘‘re-
is available. (E) by inserting after clause (v) the fol- placements or’’ before ‘‘retrofits’’; and
‘‘(4) REQUIREMENTS.—In carrying out a vul- lowing: (iii) by adding at the end the following:
nerable road user safety assessment under ‘‘(vi) contextual wayfinding markers; ‘‘(C) the purchase of medium- or heavy-
paragraph (1), a State shall— ‘‘(vii) landscaping; duty zero emission vehicles and related
‘‘(A) take into consideration a safe system ‘‘(viii) cooperative mitigation of visual charging equipment;’’;
approach; and blight, including screening or removal; and’’; (D) in paragraph (9), by striking the period
‘‘(B) consult with local governments, met- and at the end and inserting a semicolon; and
ropolitan planning organizations, and re- (2) by adding at the end the following: (E) by adding at the end the following:
gional transportation planning organizations ‘‘(6) NATIVE PLANT MATERIALS.—In carrying ‘‘(10) if the project is for the modernization
that represent a high-risk area identified out an activity described in paragraph (1), or rehabilitation of a lock and dam that—
under paragraph (2)(A)(iii). the Secretary shall ensure that the entity ‘‘(A) is functionally connected to the Fed-
‘‘(5) UPDATE.—A State shall update the vul- carrying out the activity considers, to the eral-aid highway system; and
nerable road user safety assessment of the maximum extent practicable— ‘‘(B) the Secretary determines is likely to
State in accordance with the updates re- ‘‘(A) the use of locally adapted native plant contribute to the attainment or mainte-
quired to the State strategic highway safety materials; and nance of a national ambient air quality
plan under subsection (d). ‘‘(B) designs that minimize runoff and heat standard; or
‘‘(6) REQUIREMENT FOR TRANSPORTATION generation.’’. ‘‘(11) if the project is on a marine highway
SYSTEM ACCESS.—The program of projects de- SEC. 11114. NATIONAL HIGHWAY FREIGHT PRO- corridor, connector, or crossing designated
veloped under paragraph (2)(B) may not de- GRAM. by the Secretary under section 55601(c) of
grade transportation system access for vul- Section 167 of title 23, United States Code, title 46 (including an inland waterway cor-
nerable road users. is amended— ridor, connector, or crossing) that—
‘‘(7) GUIDANCE.— (1) in subsection (e)— ‘‘(A) is functionally connected to the Fed-
‘‘(A) IN GENERAL.—Not later than 1 year (A) in paragraph (2), by striking ‘‘150 eral-aid highway system; and
after the date of enactment of this sub- miles’’ and inserting ‘‘300 miles’’; and ‘‘(B) the Secretary determines is likely to
section, the Secretary shall develop guidance (B) by adding at the end the following: contribute to the attainment or mainte-
for States to carry out this subsection. ‘‘(3) RURAL STATES.—Notwithstanding
nance of a national ambient air quality
‘‘(B) CONSULTATION.—In developing the paragraph (2), a State with a population per standard.’’;
guidance under this paragraph, the Sec- square mile of area that is less than the na- (2) in subsection (c), by adding at the end
retary shall consult with the States and rel- tional average, based on the 2010 census, may the following:
evant safety stakeholders.’’. designate as critical rural freight corridors a ‘‘(4) LOCKS AND DAMS; MARINE HIGHWAYS.—
(b) HIGH-RISK RURAL ROADS.— maximum of 600 miles of highway or 25 per- For each fiscal year, a State may not obli-
(1) STUDY.—Not later than 2 years after the cent of the primary highway freight system
gate more than 10 percent of the funds appor-
date of enactment of this Act, the Secretary mileage in the State, whichever is greater.’’;
tioned to the State under section 104(b)(4) for
shall update the study under section (2) in subsection (f)(4), by striking ‘‘75
projects described in paragraphs (10) and (11)
1112(b)(1) of MAP–21 (23 U.S.C. 148 note; Pub- miles’’ and inserting ‘‘150 miles’’; and
of subsection (b).’’;
lic Law 112–141). (3) in subsection (i)(5)(B)—
(3) in subsection (f)(4)(A), by inserting ‘‘and
(2) PUBLICATION OF REPORT.—Not later than (A) in the matter preceding clause (i), by
nonroad vehicles and nonroad engines used
2 years after the date of enactment of this striking ‘‘10 percent’’ and inserting ‘‘30 per-
in construction projects or port-related
Act, the Secretary shall publish on the cent’’;
freight operations’’ after ‘‘motor vehicles’’;
website of the Department of Transportation (B) in clause (i), by striking ‘‘and’’ at the
an update to the report described in section (4) in subsection (g)—
end;
1112(b)(2) of MAP–21 (23 U.S.C. 148 note; Pub- (A) in paragraph (1)(B)—
(C) in clause (ii), by striking the period at
lic Law 112–141). the end and inserting a semicolon; and (i) in the subparagraph heading, by insert-
(3) BEST PRACTICES MANUAL.—Not later (D) by adding at the end the following: ing ‘‘REPLACEMENT OR’’ before ‘‘RETROFIT’’;
than 180 days after the date on which the re- ‘‘(iii) for the modernization or rehabilita- (ii) by striking ‘‘The term ‘diesel retrofit’ ’’
port is published under paragraph (2), the tion of a lock and dam, if the Secretary de- and inserting ‘‘The term ‘diesel replacement
Secretary shall update the best practices termines that the project— or retrofit’ ’’; and
manual described in section 1112(b)(3) of ‘‘(I) is functionally connected to the Na- (iii) by inserting ‘‘or retrofit’’ after ‘‘re-
MAP–21 (23 U.S.C. 148 note; Public Law 112– tional Highway Freight Network; and placement’’;
141). ‘‘(II) is likely to reduce on-road mobile (B) in paragraph (2), in the matter pre-
SEC. 11112. FEDERAL LANDS TRANSPORTATION source emissions; and ceding subparagraph (A), by inserting ‘‘re-
PROGRAM. ‘‘(iv) on a marine highway corridor, con- placement or’’ before ‘‘retrofit’’; and
Section 203(a) of title 23, United States nector, or crossing designated by the Sec- (C) in paragraph (3), by inserting ‘‘replace-
Code, is amended— retary under section 55601(c) of title 46 (in- ments or’’ before ‘‘retrofits’’;
(1) in paragraph (1)(D), by striking cluding an inland waterway corridor, con- (5) in subsection (k)(1), by striking ‘‘that
‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’; and nector, or crossing), if the Secretary deter- reduce such fine particulate matter emis-
(2) by adding at the end the following: mines that the project— sions in such area, including diesel retro-
‘‘(6) NATIVE PLANT MATERIALS.—In carrying ‘‘(I) is functionally connected to the Na- fits.’’ and inserting ‘‘that—
out an activity described in paragraph (1), tional Highway Freight Network; and ‘‘(A) reduce such fine particulate matter
the entity carrying out the activity shall ‘‘(II) is likely to reduce on-road mobile emissions in such area, including diesel re-
consider, to the maximum extent prac- source emissions.’’. placements or retrofits; and
ticable— SEC. 11115. CONGESTION MITIGATION AND AIR ‘‘(B) to the extent practicable, prioritize
dlhill on DSK120RN23PROD with SENATE
‘‘(A) the use of locally adapted native plant QUALITY IMPROVEMENT PROGRAM. benefits to disadvantaged communities or
materials; and Section 149 of title 23, United States Code, low-income populations living in, or imme-
‘‘(B) designs that minimize runoff and heat is amended— diately adjacent to, such area.’’;
generation.’’. (1) in subsection (b)— (6) in subsection (l), by adding at the fol-
SEC. 11113. FEDERAL LANDS ACCESS PROGRAM. (A) in the matter preceding paragraph (1), lowing:
(a) FEDERAL SHARE.—Section 201 of title 23, by striking ‘‘subsection (d)’’ and inserting ‘‘(3) ASSISTANCE TO METROPOLITAN PLAN-
United States Code, is amended— ‘‘subsections (d) and (m)(1)(B)(ii)’’ NING ORGANIZATIONS.—
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August 1, 2021 CONGRESSIONAL RECORD — SENATE S5271
‘‘(A) IN GENERAL.—On the request of a met- ‘‘(2) will not impose any highway toll, or ‘‘(1) IN GENERAL.—There is established a
ropolitan planning organization, the Sec- permit any such toll to be charged for the bridge investment program to provide finan-
retary may assist the metropolitan planning use of such highways by vehicles or persons; cial assistance for eligible projects under
organization tracking progress made in mi- ‘‘(3) will not levy or assess, directly or in- this section.
nority or low-income populations as part of directly, any fee, tax, or other charge for the ‘‘(2) GOALS.—The goals of the program
a performance plan under this subsection. use of such highways by vehicles or persons shall be—
‘‘(B) SAVINGS PROVISION.—Nothing in this from the United States that does not apply ‘‘(A) to improve the safety, efficiency, and
paragraph provides the Secretary the au- equally to vehicles or persons of Canada; reliability of the movement of people and
thority— ‘‘(4) will continue to grant reciprocal rec- freight over bridges;
‘‘(i) to change the performance measures ognition of vehicle registration and driver’s ‘‘(B) to improve the condition of bridges in
under section 150(c)(5) or the performance licenses in accordance with agreements be- the United States by reducing—
targets established under section 134(h)(2) or tween the United States and Canada; and ‘‘(i) the number of bridges—
150(d); or ‘‘(5) will maintain such highways after ‘‘(I) in poor condition; or
‘‘(ii) to establish any other Federal re- their completion in proper condition ade- ‘‘(II) in fair condition and at risk of falling
quirement.’’; and quately to serve the needs of present and fu- into poor condition within the next 3 years;
(7) by striking subsection (m) and inserting ture traffic. ‘‘(ii) the total person miles traveled over
the following: ‘‘(b) The survey and construction work un- bridges—
‘‘(m) OPERATING ASSISTANCE.— dertaken in Canada pursuant to this section ‘‘(I) in poor condition; or
‘‘(1) IN GENERAL.—A State may obligate shall be under the general supervision of the ‘‘(II) in fair condition and at risk of falling
funds apportioned under section 104(b)(4) in Secretary. into poor condition within the next 3 years;
an area of the State that is otherwise eligi- ‘‘(c) For purposes of this section, the term ‘‘(iii) the number of bridges that—
ble for obligations of such funds for oper- ‘Alaska Marine Highway System’ includes ‘‘(I) do not meet current geometric design
ating costs— all existing or planned transportation facili- standards; or
ties and equipment in Alaska, including the ‘‘(II) cannot meet the load and traffic re-
‘‘(A) under chapter 53 of title 49; or
lease, purchase, or construction of vessels, quirements typical of the regional transpor-
‘‘(B) on—
terminals, docks, floats, ramps, staging tation network; and
‘‘(i) a system for which CMAQ funding was
areas, parking lots, bridges and approaches ‘‘(iv) the total person miles traveled over
eligible, made available, obligated, or ex-
thereto, and necessary roads.
pended in fiscal year 2012; or bridges that—
‘‘(d) Notwithstanding any other provision
‘‘(ii) a State-supported Amtrak route with of law, a project assisted under this section ‘‘(I) do not meet current geometric design
a valid cost-sharing agreement under section in the State of Alaska shall be treated as a standards; or
209 of the Passenger Rail Investment and Im- project on a Federal-aid highway under chap- ‘‘(II) cannot meet the load and traffic re-
provement Act of 2008 (49 U.S.C. 24101 note; ter 1.’’. quirements typical of the regional transpor-
Public Law 110–432) and no current non- SEC. 11117. TOLL ROADS, BRIDGES, TUNNELS, tation network; and
attainment areas under subsection (d). AND FERRIES. ‘‘(C) to provide financial assistance that
‘‘(2) NO TIME LIMITATION.—Operating assist- (a) IN GENERAL.—Section 129(c) of title 23, leverages and encourages non-Federal con-
ance provided under paragraph (1) shall have United States Code, is amended in the mat- tributions from sponsors and stakeholders
no imposed time limitation if the operating ter preceding paragraph (1) by striking ‘‘the involved in the planning, design, and con-
assistance is for— construction of ferry boats and ferry ter- struction of eligible projects.
‘‘(A) a route described in subparagraph (B) minal facilities, whether toll or free,’’ and ‘‘(c) GRANT AUTHORITY.—
of that paragraph; or inserting ‘‘the construction of ferry boats ‘‘(1) IN GENERAL.—In carrying out the pro-
‘‘(B) a transit system that is located in— and ferry terminal facilities (including ferry gram, the Secretary may award grants, on a
‘‘(i) a non-urbanized area; or maintenance facilities), whether toll or free, competitive basis, in accordance with this
‘‘(ii) an urbanized area with a population of and the procurement of transit vehicles used section.
200,000 or fewer.’’. exclusively as an integral part of an inter- ‘‘(2) GRANT AMOUNTS.—Except as otherwise
SEC. 11116. ALASKA HIGHWAY. modal ferry trip,’’. provided, a grant under the program shall
(b) DIESEL FUEL FERRY VESSELS.— be—
Section 218 of title 23, United States Code,
(1) IN GENERAL.—Notwithstanding section ‘‘(A) in the case of a large project, in an
is amended to read as follows:
147(b), in the case of a project to replace or amount that is—
‘‘§ 218. Alaska Highway retrofit a diesel fuel ferry vessel that pro- ‘‘(i) adequate to fully fund the project (in
‘‘(a) Recognizing the benefits that will ac- vides substantial emissions reductions, the combination with other financial resources
crue to the State of Alaska and to the United Federal share of the cost of the project may identified in the application); and
States from the reconstruction of the Alaska be up to 85 percent, as determined by the ‘‘(ii) not less than $50,000,000; and
Highway from the Alaskan border at Beaver State. ‘‘(B) in the case of any other eligible
Creek, Yukon Territory, to Haines Junction (2) SUNSET.—The authority provided by project, in an amount that is—
in Canada and the Haines Cutoff Highway paragraph (1) shall terminate on September ‘‘(i) adequate to fully fund the project (in
from Haines Junction in Canada to Haines, 30, 2025. combination with other financial resources
Alaska, the Secretary may provide for the SEC. 11118. BRIDGE INVESTMENT PROGRAM. identified in the application); and
necessary reconstruction of the highway (a) IN GENERAL.—Chapter 1 of title 23, ‘‘(ii) not less than $2,500,000.
using funds awarded through an applicable United States Code, is amended by inserting ‘‘(3) MAXIMUM AMOUNT.—Except as other-
competitive grant program, if the highway after section 123 the following: wise provided, for an eligible project receiv-
meets all applicable eligibility requirements ‘‘§ 124. Bridge investment program ing assistance under the program, the
for the program, except for the specific re- ‘‘(a) DEFINITIONS.—In this section: amount of assistance provided by the Sec-
quirements established by the agreement for ‘‘(1) ELIGIBLE PROJECT.— retary under this section, as a share of eligi-
the Alaska Highway Project between the ‘‘(A) IN GENERAL.—The term ‘eligible ble project costs, shall be—
Government of the United States and the project’ means a project to replace, rehabili- ‘‘(A) in the case of a large project, not
Government of Canada. In addition to the tate, preserve, or protect 1 or more bridges more than 50 percent; and
funds described in the previous sentence, on the National Bridge Inventory under sec- ‘‘(B) in the case of any other eligible
notwithstanding any other provision of law tion 144(b). project, not more than 80 percent.
and on agreement with the State of Alaska, ‘‘(B) INCLUSIONS.—The term ‘eligible ‘‘(4) FEDERAL SHARE.—
the Secretary is authorized to expend on project’ includes— ‘‘(A) MAXIMUM FEDERAL INVOLVEMENT.—
such highway or the Alaska Marine Highway ‘‘(i) a bundle of projects described in sub- Federal assistance other than a grant under
System any Federal-aid highway funds ap- paragraph (A), regardless of whether the the program may be used to satisfy the non-
portioned to the State of Alaska under this bundle of projects meets the requirements of Federal share of the cost of a project for
title at a Federal share of 100 per centum. No section 144(j)(5); and which a grant is made, except that the total
expenditures shall be made for the construc- ‘‘(ii) a project to replace or rehabilitate Federal assistance provided for a project re-
tion of the portion of such highways that are culverts for the purpose of improving flood ceiving a grant under the program may not
in Canada unless an agreement is in place be- control and improved habitat connectivity exceed the Federal share for the project
tween the Government of Canada and the for aquatic species. under section 120.
Government of the United States (including ‘‘(2) LARGE PROJECT.—The term ‘large ‘‘(B) OFF-SYSTEM BRIDGES.—In the case of
an agreement in existence on the date of en- project’ means an eligible project with total an eligible project for an off-system bridge
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actment of the Surface Transportation Reau- eligible project costs of greater than (as defined in section 133(f)(1))—
thorization Act of 2021) that provides, in $100,000,000. ‘‘(i) Federal assistance other than a grant
part, that the Canadian Government— ‘‘(3) PROGRAM.—The term ‘program’ means under the program may be used to satisfy
‘‘(1) will provide, without participation of the bridge investment program established the non-Federal share of the cost of a
funds authorized under this title, all nec- by subsection (b)(1). project; and
essary right-of-way for the reconstruction of ‘‘(b) ESTABLISHMENT OF BRIDGE INVESTMENT ‘‘(ii) notwithstanding subparagraph (A),
such highways; PROGRAM.— the total Federal assistance provided for the
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S5272 CONGRESSIONAL RECORD — SENATE August 1, 2021
project shall not exceed 90 percent of the ‘‘(1) A State or a group of States. ‘‘(II) in the case of a bundle of projects,
total eligible project costs. ‘‘(2) A metropolitan planning organization benefits from executing the projects as a
‘‘(C) FEDERAL LAND MANAGEMENT AGENCIES that serves an urbanized area (as designated bundle compared to as individual projects;
AND TRIBAL GOVERNMENTS.—Notwithstanding by the Bureau of the Census) with a popu- ‘‘(III) safety benefits, including the reduc-
any other provision of law, Federal funds lation of over 200,000. tion of accidents and related costs;
other than Federal funds made available ‘‘(3) A unit of local government or a group ‘‘(IV) person and freight mobility benefits,
under this section may be used to pay the re- of local governments. including congestion reduction and reli-
maining share of the cost of a project under ‘‘(4) A political subdivision of a State or ability improvements;
the program by a Federal land management local government. ‘‘(V) national or regional economic bene-
agency or a Tribal government or consor- ‘‘(5) A special purpose district or public au- fits;
tium of Tribal governments. thority with a transportation function. ‘‘(VI) benefits from long-term resiliency to
‘‘(5) CONSIDERATIONS.— ‘‘(6) A Federal land management agency. extreme weather events, flooding, or other
‘‘(A) IN GENERAL.—In awarding grants ‘‘(7) A Tribal government or a consortium natural disasters;
under the program, the Secretary shall con- of Tribal governments. ‘‘(VII) benefits from protection (as de-
sider— ‘‘(8) A multistate or multijurisdictional scribed in section 133(b)(10)), including im-
‘‘(i) in the case of a large project, the rat- group of entities described in paragraphs (1) proving seismic or scour protection;
ings assigned under subsection (g)(5)(A); through (7). ‘‘(VIII) environmental benefits, including
‘‘(ii) in the case of an eligible project other ‘‘(e) ELIGIBLE PROJECT REQUIREMENTS.— wildlife connectivity;
than a large project, the quality rating as- The Secretary may make a grant under the ‘‘(IX) benefits to nonvehicular and public
signed under subsection (f)(3)(A)(ii); program only to an eligible entity for an eli- transportation users;
‘‘(iii) the average daily person and freight gible project that— ‘‘(X) benefits of using—
throughput supported by the eligible project; ‘‘(1) in the case of a large project, the Sec- ‘‘(aa) innovative design and construction
‘‘(iv) the number and percentage of bridges retary recommends for funding in the annual techniques; or
within the same State as the eligible project report on funding recommendations under ‘‘(bb) innovative technologies; or
that are in poor condition; subsection (g)(6), except as provided in sub- ‘‘(XI) reductions in maintenance costs, in-
‘‘(v) the extent to which the eligible section (g)(1)(B); cluding, in the case of a federally-owned
project demonstrates cost savings by bun- bridge, cost savings to the Federal budget;
‘‘(2) is reasonably expected to begin con-
dling multiple bridge projects; and
struction not later than 18 months after the
‘‘(vi) in the case of an eligible project of a ‘‘(ii) consider whether and the extent to
date on which funds are obligated for the
Federal land management agency, the extent which the benefits, including the benefits de-
project; and
to which the grant would reduce a Federal li- scribed in clause (i), are more likely than
‘‘(3) is based on the results of preliminary
ability or Federal infrastructure mainte- not to outweigh the total project costs.
engineering. ‘‘(g) COMPETITIVE PROCESS, EVALUATION,
nance backlog;
‘‘(vii) geographic diversity among grant re- ‘‘(f) COMPETITIVE PROCESS AND EVALUATION AND ANNUAL REPORT FOR LARGE PROJECTS.—
cipients, including the need for a balance be- OF ELIGIBLE PROJECTS OTHER THAN LARGE ‘‘(1) IN GENERAL.—
tween the needs of rural and urban commu- PROJECTS.— ‘‘(A) APPLICATIONS.—The Secretary shall
nities; and ‘‘(1) COMPETITIVE PROCESS.— establish an annual date by which an eligible
‘‘(viii) the extent to which a bridge that ‘‘(A) IN GENERAL.—The Secretary shall— entity submitting an application for a large
would be assisted with a grant— ‘‘(i) for the first fiscal year for which funds project shall submit to the Secretary such
‘‘(I) is, without that assistance— are made available for obligation under the information as the Secretary may require,
‘‘(aa) at risk of falling into or remaining in program, not later than 60 days after the including information described in para-
poor condition; or date on which the template under subpara- graph (2), in order for a large project to be
‘‘(bb) in fair condition and at risk of falling graph (B)(i) is developed, and in subsequent considered for a recommendation by the Sec-
into poor condition within the next 3 years; fiscal years, not later than 60 days after the retary for funding in the next annual report
‘‘(II) does not meet current geometric de- date on which amounts are made available under paragraph (6).
sign standards based on— for obligation under the program, solicit ‘‘(B) FIRST FISCAL YEAR.—Notwithstanding
‘‘(aa) the current use of the bridge; or grant applications for eligible projects other subparagraph (A), for the first fiscal year for
‘‘(bb) load and traffic requirements typical than large projects; and which funds are made available for obliga-
of the regional corridor or local network in ‘‘(ii) not later than 120 days after the date tion for grants under the program, the Sec-
which the bridge is located; or on which the solicitation under clause (i) ex- retary may establish a date by which an eli-
‘‘(III) does not meet current seismic design pires, conduct evaluations under paragraph gible entity submitting an application for a
standards. (3). large project shall submit to the Secretary
‘‘(B) REQUIREMENT.—The Secretary shall— ‘‘(B) REQUIREMENTS.—In carrying out sub- such information as the Secretary may re-
‘‘(i) give priority to an application for an paragraph (A), the Secretary shall— quire, including information described in
eligible project that is located within a ‘‘(i) develop a template for applicants to paragraph (2), in order for a large project to
State for which— use to summarize project needs and benefits, be considered for immediate execution of a
‘‘(I) 2 or more applications for eligible including benefits described in paragraph grant agreement.
projects within the State were submitted for (3)(B)(i); and ‘‘(2) INFORMATION REQUIRED.—The informa-
the current fiscal year and an average of 2 or ‘‘(ii) enable applicants to use data from the tion referred to in paragraph (1) includes—
more applications for eligible projects within National Bridge Inventory under section ‘‘(A) all necessary information required for
the State were submitted in prior fiscal 144(b) to populate templates described in the Secretary to evaluate the large project;
years of the program; and clause (i), as applicable. and
‘‘(II) fewer than 2 grants have been award- ‘‘(2) APPLICATIONS.—An eligible entity ‘‘(B) information sufficient for the Sec-
ed for eligible projects within the State shall submit to the Secretary an application retary to determine that—
under the program; at such time, in such manner, and con- ‘‘(i) the large project meets the applicable
‘‘(ii) during the period of fiscal years 2022 taining such information as the Secretary requirements under this section; and
through 2026, for each State described in may require. ‘‘(ii) there is a reasonable likelihood that
clause (i), select— ‘‘(3) EVALUATION.— the large project will continue to meet the
‘‘(I) not fewer than 1 large project that the ‘‘(A) IN GENERAL.—Prior to providing a requirements under this section.
Secretary determines is justified under the grant under this subsection, the Secretary ‘‘(3) DETERMINATION; NOTICE.—On making a
evaluation under subsection (g)(4); or shall— determination that information submitted
‘‘(II) 2 eligible projects that are not large ‘‘(i) conduct an evaluation of each eligible to the Secretary under paragraph (1) is suffi-
projects that the Secretary determines are project for which an application is received cient, the Secretary shall provide a written
justified under the evaluation under sub- under this subsection; and notice of that determination to—
section (f)(3); and ‘‘(ii) assign a quality rating to the eligible ‘‘(A) the eligible entity that submitted the
‘‘(iii) not be required to award a grant for project on the basis of the evaluation under application;
an eligible project that the Secretary does clause (i). ‘‘(B) the Committee on Environment and
not determine is justified under an evalua- ‘‘(B) REQUIREMENTS.—In carrying out an Public Works of the Senate; and
tion under subsection (f)(3) or (g)(4). evaluation under subparagraph (A), the Sec- ‘‘(C) the Committee on Transportation and
‘‘(6) CULVERT LIMITATION.—Not more than 5 retary shall— Infrastructure of the House of Representa-
percent of the amounts made available for ‘‘(i) consider information on project bene- tives.
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each fiscal year for grants under the pro- fits submitted by the applicant using the ‘‘(4) EVALUATION.—The Secretary may rec-
gram may be used for eligible projects that template developed under paragraph (1)(B)(i), ommend a large project for funding in the
consist solely of culvert replacement or re- including whether the project will generate, annual report under paragraph (6), or, in the
habilitation. as determined by the Secretary— case of the first fiscal year for which funds
‘‘(d) ELIGIBLE ENTITY.—The Secretary may ‘‘(I) costs avoided by the prevention of clo- are made available for obligation for grants
make a grant under the program to any of sure or reduced use of the bridge to be im- under the program, immediately execute a
the following: proved by the project; grant agreement for a large project, only if
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August 1, 2021 CONGRESSIONAL RECORD — SENATE S5273
the Secretary evaluates the proposed project ‘‘(i) a list of large projects that have re- ing land related to the project and improve-
and determines that the project is justified quested a recommendation for funding under ments to the land), environmental mitiga-
because the project— a new grant agreement from funds antici- tion, construction contingencies, acquisition
‘‘(A) addresses a need to improve the condi- pated to be available to carry out this sub- of equipment, and operational improvements
tion of the bridge, as determined by the Sec- section in the next fiscal year; directly related to improving system per-
retary, consistent with the goals of the pro- ‘‘(ii) the evaluation under paragraph (4) formance; and
gram under subsection (b)(2); and ratings under paragraph (5) for each ‘‘(3) expenses related to the protection (as
‘‘(B) will generate, as determined by the project referred to in clause (i); described in section 133(b)(10)) of a bridge, in-
Secretary— ‘‘(iii) the grant amounts that the Sec- cluding seismic or scour protection.
‘‘(i) costs avoided by the prevention of clo- retary recommends providing to large ‘‘(i) TIFIA PROGRAM.—On the request of an
sure or reduced use of the bridge to be im- projects in the next fiscal year, including— eligible entity carrying out an eligible
proved by the project; ‘‘(I) scheduled payments under previously project, the Secretary may use amounts
‘‘(ii) in the case of a bundle of projects, signed multiyear grant agreements under awarded to the entity to pay subsidy and ad-
subsection (j); ministrative costs necessary to provide to
benefits from executing the projects as a
‘‘(II) payments for new grant agreements, the entity Federal credit assistance under
bundle compared to as individual projects;
including single-year grant agreements and chapter 6 with respect to the eligible project
‘‘(iii) safety benefits, including the reduc-
multiyear grant agreements; and for which the grant was awarded.
tion of accidents and related costs; ‘‘(j) MULTIYEAR GRANT AGREEMENTS FOR
‘‘(iv) person and freight mobility benefits, ‘‘(III) a description of how amounts antici-
pated to be available for the program from LARGE PROJECTS.—
including congestion reduction and reli- ‘‘(1) IN GENERAL.—A large project that re-
the Highway Trust Fund for that fiscal year
ability improvements; ceives a grant under the program in an
will be distributed; and
‘‘(v) national or regional economic bene- amount of not less than $100,000,000 may be
‘‘(iv) for each project for which the Sec-
fits; carried out through a multiyear grant agree-
retary recommends a new multiyear grant
‘‘(vi) benefits from long-term resiliency to ment in accordance with this subsection.
agreement under subsection (j), the proposed
extreme weather events, flooding, or other ‘‘(2) REQUIREMENTS.—A multiyear grant
payout schedule for the project.
natural disasters; agreement for a large project described in
‘‘(B) LIMITATIONS.—
‘‘(vii) benefits from protection (as de- ‘‘(i) IN GENERAL.—The Secretary shall not paragraph (1) shall—
scribed in section 133(b)(10)), including im- recommend in an annual report under this ‘‘(A) establish the terms of participation
proving seismic or scour protection; paragraph a new multiyear grant agreement by the Federal Government in the project;
‘‘(viii) environmental benefits, including provided from funds from the Highway Trust ‘‘(B) establish the maximum amount of
wildlife connectivity; Fund unless the Secretary determines that Federal financial assistance for the project
‘‘(ix) benefits to nonvehicular and public the project can be completed using funds in accordance with paragraphs (3) and (4) of
transportation users; that are anticipated to be available from the subsection (c);
‘‘(x) benefits of using— Highway Trust Fund in future fiscal years. ‘‘(C) establish a payout schedule for the
‘‘(I) innovative design and construction ‘‘(ii) GENERAL FUND PROJECTS.—The Sec- project that provides for disbursement of the
techniques; or retary— full grant amount by not later than 4 fiscal
‘‘(II) innovative technologies; or ‘‘(I) may recommend for funding in an an- years after the fiscal year in which the ini-
‘‘(xi) reductions in maintenance costs, in- nual report under this paragraph a large tial amount is provided;
cluding, in the case of a federally-owned project using funds from the general fund of ‘‘(D) determine the period of time for com-
bridge, cost savings to the Federal budget; the Treasury; but pleting the project, even if that period ex-
‘‘(C) is cost effective based on an analysis ‘‘(II) shall not execute a grant agreement tends beyond the period of an authorization;
of whether the benefits and avoided costs de- for that project unless— and
scribed in subparagraph (B) are expected to ‘‘(aa) funds other than from the Highway ‘‘(E) attempt to improve timely and effi-
outweigh the project costs; Trust Fund have been made available for the cient management of the project, consistent
‘‘(D) is supported by other Federal or non- project; and with all applicable Federal laws (including
Federal financial commitments or revenues ‘‘(bb) the Secretary determines that the regulations).
adequate to fund ongoing maintenance and project can be completed using funds other ‘‘(3) SPECIAL FINANCIAL RULES.—
preservation; and than from the Highway Trust Fund that are ‘‘(A) IN GENERAL.—A multiyear grant
‘‘(E) is consistent with the objectives of an anticipated to be available in future fiscal agreement under this subsection—
applicable asset management plan of the years. ‘‘(i) shall obligate an amount of available
project sponsor, including a State asset man- ‘‘(C) CONSIDERATIONS.—In selecting budget authority specified in law; and
agement plan under section 119(e) in the case projects to recommend for funding in the an- ‘‘(ii) may include a commitment, contin-
of a project on the National Highway System nual report under this paragraph, or, in the gent on amounts to be specified in law in ad-
that is sponsored by a State. case of the first fiscal year for which funds vance for commitments under this para-
‘‘(5) RATINGS.— are made available for obligation for grants graph, to obligate an additional amount
‘‘(A) IN GENERAL.—The Secretary shall de- under the program, projects for immediate from future available budget authority spec-
velop a methodology to evaluate and rate a execution of a grant agreement, the Sec- ified in law.
large project on a 5-point scale (the points of retary shall— ‘‘(B) STATEMENT OF CONTINGENT COMMIT-
which include ‘high’, ‘medium-high’, ‘me- ‘‘(i) consider the amount of funds available MENT.—The agreement shall state that the
dium’, ‘medium-low’, and ‘low’) for each of— in future fiscal years for multiyear grant contingent commitment is not an obligation
‘‘(i) paragraph (4)(B); agreements as described in subparagraph (B); of the Federal Government.
‘‘(ii) paragraph (4)(C); and and ‘‘(C) INTEREST AND OTHER FINANCING
‘‘(iii) paragraph (4)(D). ‘‘(ii) assume the availability of funds in fu- COSTS.—
‘‘(B) REQUIREMENT.—To be considered jus- ture fiscal years for multiyear grant agree- ‘‘(i) IN GENERAL.—Interest and other fi-
tified and receive a recommendation for ments that extend beyond the period of au- nancing costs of carrying out a part of the
funding in the annual report under para- thorization based on the amount made avail- project within a reasonable time shall be
graph (6), a project shall receive a rating of able for large projects under the program in considered a cost of carrying out the project
not less than ‘medium’ for each rating re- the last fiscal year of the period of author- under a multiyear grant agreement, except
quired under subparagraph (A). ization. that eligible costs may not be more than the
‘‘(C) INTERIM METHODOLOGY.—In the first ‘‘(D) PROJECT DIVERSITY.—In selecting cost of the most favorable financing terms
fiscal year for which funds are made avail- projects to recommend for funding in the an- reasonably available for the project at the
able for obligation for grants under the pro- nual report under this paragraph, the Sec- time of borrowing.
gram, the Secretary may establish an in- retary shall ensure diversity among projects ‘‘(ii) CERTIFICATION.—The applicant shall
terim methodology to evaluate and rate a recommended based on— certify to the Secretary that the applicant
large project for each of— ‘‘(i) the amount of the grant requested; and has shown reasonable diligence in seeking
‘‘(i) paragraph (4)(B); ‘‘(ii) grants for an eligible project for 1 the most favorable financing terms.
‘‘(ii) paragraph (4)(C); and bridge compared to an eligible project that is ‘‘(4) ADVANCE PAYMENT.—Notwithstanding
‘‘(iii) paragraph (4)(D). a bundle of projects. any other provision of law, an eligible entity
‘‘(6) ANNUAL REPORT ON FUNDING REC- ‘‘(h) ELIGIBLE PROJECT COSTS.—A grant re- carrying out a large project under a
OMMENDATIONS FOR LARGE PROJECTS.— ceived for an eligible project under the pro- multiyear grant agreement—
‘‘(A) IN GENERAL.—Not later than the first gram may be used for— ‘‘(A) may use funds made available to the
dlhill on DSK120RN23PROD with SENATE
Monday in February of each year, the Sec- ‘‘(1) development phase activities, includ- eligible entity under this title for eligible
retary shall submit to the Committees on ing planning, feasibility analysis, revenue project costs of the large project until the
Transportation and Infrastructure and Ap- forecasting, environmental review, prelimi- amount specified in the multiyear grant
propriations of the House of Representatives nary engineering and design work, and other agreement for the project for that fiscal year
and the Committees on Environment and preconstruction activities; becomes available for obligation; and
Public Works and Appropriations of the Sen- ‘‘(2) construction, reconstruction, rehabili- ‘‘(B) if the eligible entity uses funds as de-
ate a report that includes— tation, acquisition of real property (includ- scribed in subparagraph (A), the funds used
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S5274 CONGRESSIONAL RECORD — SENATE August 1, 2021
shall be reimbursed from the amount made ‘‘(2) the amount of the proposed grant. ‘‘(c) PURPOSES.—The purposes of the pro-
available under the multiyear grant agree- ‘‘(o) REPORTS.— gram established under subsection (b) shall
ment for the project. ‘‘(1) ANNUAL REPORT.—Not later than Au- be—
‘‘(k) UNDERTAKING PARTS OF PROJECTS IN gust 1 of each fiscal year, the Secretary shall ‘‘(1) to enable and encourage children, in-
ADVANCE UNDER LETTERS OF NO PREJUDICE.— make available on the website of the Depart- cluding those with disabilities, to walk and
‘‘(1) IN GENERAL.—The Secretary may pay ment of Transportation an annual report bicycle to school;
to an applicant all eligible project costs that lists each eligible project for which a ‘‘(2) to make bicycling and walking to
under the program, including costs for an ac- grant has been provided under the program school a safer and more appealing transpor-
tivity for an eligible project incurred prior during the fiscal year. tation alternative, thereby encouraging a
to the date on which the project receives ‘‘(2) GAO ASSESSMENT AND REPORT.—Not healthy and active lifestyle from an early
funding under the program if— later than 3 years after the date of enact- age; and
‘‘(A) before the applicant carries out the ment of the Surface Transportation Reau- ‘‘(3) to facilitate the planning, develop-
activity, the Secretary approves through a thorization Act of 2021, the Comptroller Gen- ment, and implementation of projects and
letter to the applicant the activity in the eral of the United States shall— activities that will improve safety and re-
same manner as the Secretary approves ‘‘(A) conduct an assessment of the adminis- duce traffic, fuel consumption, and air pollu-
other activities as eligible under the pro- trative establishment, solicitation, selec- tion in the vicinity of schools.
gram; tion, and justification process with respect ‘‘(d) APPORTIONMENT OF FUNDS.—
‘‘(B) a record of decision, a finding of no to the funding of grants under the program; ‘‘(1) IN GENERAL.—Subject to paragraphs
significant impact, or a categorical exclu- and (2), (3), and (4), amounts made available to
sion under the National Environmental Pol- ‘‘(B) submit to the Committee on Trans- carry out this section for a fiscal year shall
icy Act of 1969 (42 U.S.C. 4321 et seq.) has portation and Infrastructure of the House of be apportioned among the States so that
been issued for the eligible project; and Representatives and the Committee on Envi- each State receives the amount equal to the
‘‘(C) the activity is carried out without ronment and Public Works of the Senate a proportion that—
Federal assistance and in accordance with report that describes— ‘‘(A) the total student enrollment in pri-
all applicable procedures and requirements. ‘‘(i) the adequacy and fairness of the proc- mary, middle, and high schools in each
‘‘(2) INTEREST AND OTHER FINANCING ess under which each eligible project that re- State; bears to
COSTS.— ceived a grant under the program was se- ‘‘(B) the total student enrollment in pri-
‘‘(A) IN GENERAL.—For purposes of para- lected; and mary, middle, and high schools in all States.
graph (1), the cost of carrying out an activ- ‘‘(ii) the justification and criteria used for ‘‘(2) MINIMUM APPORTIONMENT.—No State
ity for an eligible project includes the the selection of each eligible project. shall receive an apportionment under this
amount of interest and other financing costs, ‘‘(p) LIMITATION.— section for a fiscal year of less than
including any interest earned and payable on ‘‘(1) LARGE PROJECTS.—Of the amounts $1,000,000.
bonds, to the extent interest and other fi- made available out of the Highway Trust ‘‘(3) SET-ASIDE FOR ADMINISTRATIVE EX-
nancing costs are expended in carrying out Fund (other than the Mass Transit Account) PENSES.—Before apportioning under this sub-
the activity for the eligible project, except to carry out this section for each of fiscal section amounts made available to carry out
that interest and other financing costs may years 2022 through 2026, not less than 50 per- this section for a fiscal year, the Secretary
not be more than the cost of the most favor- cent, in aggregate, shall be used for large shall set aside not more than $3,000,000 of
able financing terms reasonably available for projects. those amounts for the administrative ex-
the eligible project at the time of borrowing. ‘‘(2) UNUTILIZED AMOUNTS.—If, in fiscal penses of the Secretary in carrying out this
‘‘(B) CERTIFICATION.—The applicant shall year 2026, the Secretary determines that section.
certify to the Secretary that the applicant grants under the program will not allow for ‘‘(4) DETERMINATION OF STUDENT ENROLL-
has shown reasonable diligence in seeking the requirement under paragraph (1) to be MENTS.—Determinations under this sub-
the most favorable financing terms under met, the Secretary shall use the unutilized section relating to student enrollments shall
subparagraph (A). amounts to make other grants under the pro- be made by the Secretary.
‘‘(3) NO OBLIGATION OR INFLUENCE ON REC- gram during that fiscal year.
OMMENDATIONS.—An approval by the Sec- ‘‘(e) ADMINISTRATION OF AMOUNTS.—
‘‘(q) TRIBAL TRANSPORTATION FACILITY
retary under paragraph (1)(A) shall not— Amounts apportioned to a State under this
BRIDGE SET ASIDE.—
‘‘(A) constitute an obligation of the Fed- section shall be administered by the State
‘‘(1) IN GENERAL.—Of the amounts made
eral Government; or department of transportation.
available from the Highway Trust Fund
‘‘(B) alter or influence any evaluation (other than the Mass Transit Account) for a ‘‘(f) ELIGIBLE RECIPIENTS.—Amounts appor-
under subsection (f)(3)(A)(i) or (g)(4) or any fiscal year to carry out this section, the Sec- tioned to a State under this section shall be
recommendation by the Secretary for fund- retary shall use, to carry out section 202(d)— used by the State to provide financial assist-
ing under the program. ‘‘(A) $16,000,000 for fiscal year 2022; ance to State, local, Tribal, and regional
‘‘(l) FEDERALLY-OWNED BRIDGES.— ‘‘(B) $18,000,000 for fiscal year 2023; agencies, including nonprofit organizations,
‘‘(1) DIVESTITURE CONSIDERATION.—In the ‘‘(C) $20,000,000 for fiscal year 2024; that demonstrate an ability to meet the re-
case of a bridge owned by a Federal land ‘‘(D) $22,000,000 for fiscal year 2025; and quirements of this section.
management agency for which that agency ‘‘(E) $24,000,000 for fiscal year 2026. ‘‘(g) ELIGIBLE PROJECTS AND ACTIVITIES.—
applies for a grant under the program, the ‘‘(2) TREATMENT.—For purposes of section ‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.—
agency— 201, funds made available for section 202(d) ‘‘(A) IN GENERAL.—Amounts apportioned to
‘‘(A) shall consider options to divest the under paragraph (1) shall be considered to be a State under this section may be used for
bridge to a State or local entity after com- part of the tribal transportation program.’’. the planning, design, and construction of in-
pletion of the project; and (b) CLERICAL AMENDMENT.—The analysis frastructure-related projects that will sub-
‘‘(B) may apply jointly with the State or for chapter 1 of title 23, United States Code, stantially improve the ability of students to
local entity to which the bridge may be di- is amended by inserting after the item relat- walk and bicycle to school, including side-
vested. ing to section 123 the following: walk improvements, traffic calming and
‘‘(2) TREATMENT.—Notwithstanding any
‘‘124. Bridge investment program.’’. speed reduction improvements, pedestrian
other provision of law, section 129 shall
SEC. 11119. SAFE ROUTES TO SCHOOL. and bicycle crossing improvements, on-
apply to a bridge that was previously owned
(a) IN GENERAL.—Chapter 2 of title 23, street bicycle facilities, off-street bicycle
by a Federal land management agency and
United States Code, is amended by inserting and pedestrian facilities, secure bicycle
has been transferred to a non-Federal entity
after section 207 the following: parking facilities, and traffic diversion im-
under paragraph (1) in the same manner as if
provements in the vicinity of schools.
the bridge was never federally owned. ‘‘§ 208. Safe routes to school
‘‘(m) TREATMENT OF PROJECTS.—Notwith- ‘‘(B) LOCATION OF PROJECTS.—Infrastruc-
standing any other provision of law, a ‘‘(a) DEFINITIONS.—In this section: ture-related projects under subparagraph (A)
project assisted under this section shall be ‘‘(1) IN THE VICINITY OF SCHOOLS.—The term may be carried out on any public road or any
treated as a project on a Federal-aid high- ‘in the vicinity of schools’, with respect to a bicycle or pedestrian pathway or trail in the
way under this chapter. school, means the approximately 2-mile area vicinity of schools.
‘‘(n) CONGRESSIONAL NOTIFICATION.—Not within bicycling and walking distance of the ‘‘(2) NONINFRASTRUCTURE-RELATED ACTIVI-
later than 30 days before making a grant for school. TIES.—
an eligible project under the program, the ‘‘(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.— ‘‘(A) IN GENERAL.—In addition to projects
Secretary shall submit to the Committee on The term ‘primary, middle, and high schools’ described in paragraph (1), amounts appor-
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Transportation and Infrastructure of the means schools providing education from kin- tioned to a State under this section may be
House of Representatives and the Committee dergarten through 12th grade. used for noninfrastructure-related activities
on Environment and Public Works of the ‘‘(b) ESTABLISHMENT.—Subject to the re- to encourage walking and bicycling to
Senate a written notification of the proposed quirements of this section, the Secretary school, including public awareness cam-
grant that includes— shall establish and carry out a safe routes to paigns and outreach to press and community
‘‘(1) an evaluation and justification for the school program for the benefit of children in leaders, traffic education and enforcement in
eligible project; and primary, middle, and high schools. the vicinity of schools, student sessions on
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August 1, 2021 CONGRESSIONAL RECORD — SENATE S5275
bicycle and pedestrian safety, health, and en- (1) roadway safety improvements, includ- ‘‘(1) a reduction in the number of wildlife-
vironment, and funding for training, volun- ing traffic calming techniques and vulner- vehicle collisions; and
teers, and managers of safe routes to school able road user accommodations appropriate ‘‘(2) in carrying out the purpose described
programs. in a suburban arterial context; in paragraph (1), improved habitat
‘‘(B) ALLOCATION.—Not less than 10 percent (2) the impacts of traffic speeds, and access connectivity for terrestrial and aquatic spe-
and not more than 30 percent of the amount to low-traffic stress corridors, on safety and cies.
apportioned to a State under this section for rates of bicycling and walking; ‘‘(c) ELIGIBLE ENTITIES.—An entity eligible
a fiscal year shall be used for noninfrastruc- (3) tools to evaluate the impact of trans- to apply for a grant under the pilot program
ture-related activities under this paragraph. portation improvements on projected rates is—
‘‘(3) SAFE ROUTES TO SCHOOL COORDI- and safety of bicycling and walking; and ‘‘(1) a State highway agency, or an equiva-
NATOR.—Each State shall use a sufficient (4) other research areas to be determined lent of that agency;
amount of the apportionment of the State by the Administrator. ‘‘(2) a metropolitan planning organization
for each fiscal year to fund a full-time posi- (c) VULNERABLE ROAD USER ASSESS- (as defined in section 134(b));
tion of coordinator of the safe routes to MENTS.—The Administrator shall— ‘‘(3) a unit of local government;
school program of the State. (1) review each vulnerable road user safety ‘‘(4) a regional transportation authority;
‘‘(h) CLEARINGHOUSE.— assessment submitted by a State under sec- ‘‘(5) a special purpose district or public au-
‘‘(1) IN GENERAL.—The Secretary shall tion 148(l) of title 23, United States Code, and thority with a transportation function, in-
make grants to a national nonprofit organi- other relevant sources of data to determine cluding a port authority;
zation engaged in promoting safe routes to what, if any, standard definitions and meth- ‘‘(6) an Indian tribe (as defined in section
schools— ods should be developed through guidance to 207(m)(1)), including a Native village and a
‘‘(A) to operate a national safe routes to enable a State to collect pedestrian injury Native Corporation (as those terms are de-
school clearinghouse; and fatality data; and fined in section 3 of the Alaska Native
‘‘(B) to develop information and edu- (2) in the first progress update under sub- Claims Settlement Act (43 U.S.C. 1602));
cational programs on safe routes to school; section (d)(2), provide— ‘‘(7) a Federal land management agency; or
and (A) the results of the determination de- ‘‘(8) a group of any of the entities described
‘‘(C) to provide technical assistance and scribed in paragraph (1); and in paragraphs (1) through (7).
disseminate techniques and strategies used (B) the recommendations of the Secretary ‘‘(d) APPLICATIONS.—
for successful safe routes to school programs. with respect to the collection and reporting ‘‘(1) IN GENERAL.—To be eligible to receive
‘‘(2) FUNDING.—The Secretary shall carry of data on the safety of vulnerable road a grant under the pilot program, an eligible
out this subsection using amounts set aside users. entity shall submit to the Secretary an ap-
(d) SUBMISSION; PUBLICATION.— plication at such time, in such manner, and
for administrative expenses under subsection
(1) SUBMISSION OF PLAN.—Not later than 180 containing such information as the Sec-
(d)(3).
‘‘(i) TREATMENT OF PROJECTS.—Notwith- days after the date of enactment of this Act, retary may require.
standing any other provision of law, a the Administrator shall submit to the Com- ‘‘(2) REQUIREMENT.—If an application under
project assisted under this section shall be mittee on Environment and Public Works of paragraph (1) is submitted by an eligible en-
treated as a project on a Federal-aid high- the Senate and the Committee on Transpor- tity other than an eligible entity described
way under chapter 1.’’. tation and Infrastructure of the House of in paragraph (1) or (7) of subsection (c), the
(b) CONFORMING AMENDMENTS.— Representatives the research plan described application shall include documentation
(1) The analysis for chapter 2 of title 23, in subsection (b). that the State highway agency, or an equiva-
United States Code, is amended by inserting (2) PROGRESS UPDATES.—Not later than 2 lent of that agency, of the State in which the
after the item relating to section 207 the fol- years after the date of enactment of this eligible entity is located was consulted dur-
lowing: Act, and biannually thereafter, the Adminis- ing the development of the application.
‘‘208. Safe routes to school.’’. trator shall submit to the Committees de- ‘‘(3) GUIDANCE.—To enhance consideration
(2) Section 1404 of SAFETEA–LU (23 U.S.C. scribed in paragraph (1)— of current and reliable data, eligible entities
402 note; Public Law 109–59) is repealed. (A) updates on the progress and findings of may obtain guidance from an agency in the
(3) The table of contents in section 1(b) of the research conducted pursuant to the plan State with jurisdiction over fish and wildlife.
SAFETEA–LU (Public Law 109–59; 119 Stat. described in subsection (b); and ‘‘(e) CONSIDERATIONS.—In selecting grant
1144) is amended by striking the item relat- (B) in the first submission under this para- recipients under the pilot program, the Sec-
ing to section 1404. graph, the results and recommendations de- retary shall take into consideration the fol-
SEC. 11120. HIGHWAY USE TAX EVASION
scribed in subsection (c)(2). lowing:
PROJECTS. SEC. 11123. WILDLIFE CROSSING SAFETY. ‘‘(1) Primarily, the extent to which the
Section 143(b)(2)(A) of title 23, United (a) DECLARATION OF POLICY.—Section proposed project of an eligible entity is like-
States Code, is amended by striking ‘‘fiscal 101(b)(3)(D) of title 23, United States Code, is ly to protect motorists and wildlife by reduc-
years 2016 through 2020’’ and inserting ‘‘fiscal amended, in the matter preceding clause (i), ing the number of wildlife-vehicle collisions
years 2022 through 2026’’. by inserting ‘‘resilient,’’ after ‘‘efficient,’’. and improve habitat connectivity for terres-
SEC. 11121. CONSTRUCTION OF FERRY BOATS
(b) WILDLIFE CROSSINGS PILOT PROGRAM.— trial and aquatic species.
AND FERRY TERMINAL FACILITIES. (1) IN GENERAL.—Chapter 1 of title 23, ‘‘(2) Secondarily, the extent to which the
Section 147 of title 23, United States Code, United States Code, is amended by adding at proposed project of an eligible entity is like-
is amended by striking subsection (h) and in- the end the following: ly to accomplish the following:
serting the following: ‘‘§ 171. Wildlife crossings pilot program ‘‘(A) Leveraging Federal investment by en-
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(a) FINDING.—Congress finds that greater couraging non-Federal contributions to the
There are authorized to be appropriated out adoption of wildlife-vehicle collision safety project, including projects from public-pri-
of the Highway Trust Fund (other than the countermeasures is in the public interest be- vate partnerships.
Mass Transit Account) to carry out this sec- cause— ‘‘(B) Supporting local economic develop-
tion— ‘‘(1) according to the report of the Federal ment and improvement of visitation oppor-
‘‘(1) $110,000,000 for fiscal year 2022; Highway Administration entitled ‘Wildlife- tunities.
‘‘(2) $112,000,000 for fiscal year 2023; Vehicle Collision Reduction Study’, there ‘‘(C) Incorporation of innovative tech-
‘‘(3) $114,000,000 for fiscal year 2024; are more than 1,000,000 wildlife-vehicle colli- nologies, including advanced design tech-
‘‘(4) $116,000,000 for fiscal year 2025; and sions every year; niques and other strategies to enhance effi-
‘‘(5) $118,000,000 for fiscal year 2026.’’. ‘‘(2) wildlife-vehicle collisions— ciency and effectiveness in reducing wildlife-
SEC. 11122. VULNERABLE ROAD USER RESEARCH. ‘‘(A) present a danger to— vehicle collisions and improving habitat
(a) DEFINITIONS.—In this subsection: ‘‘(i) human safety; and connectivity for terrestrial and aquatic spe-
(1) ADMINISTRATOR.—The term ‘‘Adminis- ‘‘(ii) wildlife survival; and cies.
trator’’ means the Secretary, acting through ‘‘(B) represent a persistent concern that re- ‘‘(D) Provision of educational and outreach
the Administrator of the Federal Highway sults in tens of thousands of serious injuries opportunities.
Administration. and hundreds of fatalities on the roadways of ‘‘(E) Monitoring and research to evaluate,
(2) VULNERABLE ROAD USER.—The term the United States; and compare effectiveness of, and identify best
‘‘vulnerable road user’’ has the meaning ‘‘(3) the total annual cost associated with practices in, selected projects.
given the term in section 148(a) of title 23, wildlife-vehicle collisions has been estimated ‘‘(F) Any other criteria relevant to reduc-
United States Code. to be $8,388,000,000; and ing the number of wildlife-vehicle collisions
(b) ESTABLISHMENT OF RESEARCH PLAN.— ‘‘(4) wildlife-vehicle collisions are a major and improving habitat connectivity for ter-
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The Administrator shall establish a research threat to the survival of species, including restrial and aquatic species, as the Secretary
plan to prioritize research on roadway de- birds, reptiles, mammals, and amphibians. determines to be appropriate, subject to the
signs, the development of safety counter- ‘‘(b) ESTABLISHMENT.—The Secretary shall condition that the implementation of the
measures to minimize fatalities and serious establish a competitive wildlife crossings pilot program shall not be delayed in the ab-
injuries to vulnerable road users, and the pilot program (referred to in this section as sence of action by the Secretary to identify
promotion of bicycling and walking, includ- the ‘pilot program’) to provide grants for additional criteria under this subparagraph.
ing research relating to— projects that seek to achieve— ‘‘(f) USE OF FUNDS.—
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S5276 CONGRESSIONAL RECORD — SENATE August 1, 2021
‘‘(1) IN GENERAL.—The Secretary shall en- (c) WILDLIFE VEHICLE COLLISION REDUCTION ‘‘(iii) recommendations for preventing
sure that a grant received under the pilot AND HABITAT CONNECTIVITY IMPROVEMENT.— wildlife-vehicle collisions, including rec-
program is used for a project to reduce wild- (1) IN GENERAL.—Chapter 1 of title 23, ommended best practices, funding resources,
life-vehicle collisions. United States Code (as amended by sub- or other recommendations for addressing
‘‘(2) GRANT ADMINISTRATION.— section (b)(1)), is amended by adding at the wildlife-vehicle collisions; and
‘‘(A) IN GENERAL.—A grant received under end the following: ‘‘(iv) guidance, developed in consultation
the pilot program shall be administered by— ‘‘§ 172. Wildlife-vehicle collision reduction with Federal land management agencies and
‘‘(i) in the case of a grant to a Federal land and habitat connectivity improvement State departments of transportation, State
management agency or an Indian tribe (as ‘‘(a) STUDY.— fish and wildlife agencies, and Tribal govern-
defined in section 207(m)(1), including a Na- ‘‘(1) IN GENERAL.—The Secretary shall con- ments that agree to participate, for devel-
tive village and a Native Corporation (as duct a study (referred to in this subsection oping, for each State that agrees to partici-
those terms are defined in section 3 of the as the ‘study’) of the state, as of the date of pate, a voluntary joint statewide transpor-
Alaska Native Claims Settlement Act (43 the study, of the practice of methods to re- tation and wildlife action plan—
U.S.C. 1602))), the Federal Highway Adminis- duce collisions between motorists and wild- ‘‘(I) to address wildlife-vehicle collisions;
tration, through an agreement; and life (referred to in this section as ‘wildlife- and
‘‘(ii) in the case of a grant to an eligible vehicle collisions’). ‘‘(II) to improve habitat connectivity for
entity other than an eligible entity described terrestrial and aquatic species.
‘‘(2) CONTENTS.—
in clause (i), the State highway agency, or ‘‘(b) WORKFORCE DEVELOPMENT AND TECH-
‘‘(A) AREAS OF STUDY.—The study shall— NICAL TRAINING.—
an equivalent of that agency, for the State
‘‘(i) update and expand on, as appropriate— ‘‘(1) IN GENERAL.—Not later than 3 years
in which the project is to be carried out.
‘‘(I) the report entitled ‘Wildlife Vehicle after the date of enactment of the Surface
‘‘(B) PARTNERSHIPS.—
Collision Reduction Study: 2008 Report to Transportation Reauthorization Act of 2021,
‘‘(i) IN GENERAL.—A grant received under
Congress’; and the Secretary shall, based on the study con-
the pilot program may be used to provide
‘‘(II) the document entitled ‘Wildlife Vehi- ducted under subsection (a), develop a series
funds to eligible partners of the project for
cle Collision Reduction Study: Best Prac- of in-person and online workforce develop-
which the grant was received described in
clause (ii), in accordance with the terms of tices Manual’ and dated October 2008; and ment and technical training courses—
the project agreement. ‘‘(ii) include— ‘‘(A) to reduce wildlife-vehicle collisions;
‘‘(ii) ELIGIBLE PARTNERS DESCRIBED.—The ‘‘(I) an assessment, as of the date of the and
eligible partners referred to in clause (i) in- study, of— ‘‘(B) to improve habitat connectivity for
clude— ‘‘(aa) the causes of wildlife-vehicle colli- terrestrial and aquatic species.
‘‘(I) a metropolitan planning organization sions; ‘‘(2) AVAILABILITY.—The Secretary shall—
(as defined in section 134(b)); ‘‘(bb) the impact of wildlife-vehicle colli- ‘‘(A) make the series of courses developed
‘‘(II) a unit of local government; sions on motorists and wildlife; and under paragraph (1) available for transpor-
‘‘(III) a regional transportation authority; ‘‘(cc) the impacts of roads and traffic on tation and fish and wildlife professionals;
‘‘(IV) a special purpose district or public habitat connectivity for terrestrial and and
authority with a transportation function, in- aquatic species; and ‘‘(B) update the series of courses not less
cluding a port authority; ‘‘(II) solutions and best practices for— frequently than once every 2 years.
‘‘(V) an Indian tribe (as defined in section ‘‘(aa) reducing wildlife-vehicle collisions; ‘‘(c) STANDARDIZATION OF WILDLIFE COLLI-
207(m)(1)), including a Native village and a and SION AND CARCASS DATA.—
Native Corporation (as those terms are de- ‘‘(bb) improving habitat connectivity for ‘‘(1) STANDARDIZED METHODOLOGY.—
fined in section 3 of the Alaska Native terrestrial and aquatic species. ‘‘(A) IN GENERAL.—The Secretary, acting
Claims Settlement Act (43 U.S.C. 1602)); ‘‘(B) METHODS.—In carrying out the study, through the Administrator of the Federal
‘‘(VI) a Federal land management agency; the Secretary shall— Highway Administration (referred to in this
‘‘(VII) a foundation, nongovernmental or- ‘‘(i) conduct a thorough review of research subsection as the ‘Secretary’), shall develop
ganization, or institution of higher edu- and data relating to— a quality standardized methodology for col-
cation; ‘‘(I) wildlife-vehicle collisions; and lecting and reporting spatially accurate
‘‘(VIII) a Federal, Tribal, regional, or State ‘‘(II) habitat fragmentation that results wildlife collision and carcass data for the Na-
government entity; and from transportation infrastructure; tional Highway System, considering the
‘‘(IX) a group of any of the entities de- ‘‘(ii) survey current practices of the De- practicability of the methodology with re-
scribed in subclauses (I) through (VIII). partment of Transportation and State de- spect to technology and cost.
‘‘(3) COMPLIANCE.—An eligible entity that partments of transportation to reduce wild- ‘‘(B) METHODOLOGY.—In developing the
receives a grant under the pilot program and life-vehicle collisions; and standardized methodology under subpara-
enters into a partnership described in para- ‘‘(iii) consult with— graph (A), the Secretary shall—
graph (2) shall establish measures to verify ‘‘(I) appropriate experts in the field of ‘‘(i) survey existing methodologies and
that an eligible partner that receives funds wildlife-vehicle collisions; and sources of data collection, including the Fa-
from the grant complies with the conditions ‘‘(II) appropriate experts on the effects of tality Analysis Reporting System, the Gen-
of the pilot program in using those funds. roads and traffic on habitat connectivity for eral Estimates System of the National Auto-
‘‘(g) REQUIREMENT.—The Secretary shall terrestrial and aquatic species. motive Sampling System, and the Highway
ensure that not less than 60 percent of the ‘‘(3) REPORT.— Safety Information System; and
amounts made available for grants under the ‘‘(A) IN GENERAL.—Not later than 18 ‘‘(ii) to the extent practicable, identify and
pilot program each fiscal year are for months after the date of enactment of the correct limitations of those existing meth-
projects located in rural areas. Surface Transportation Reauthorization Act odologies and sources of data collection.
‘‘(h) ANNUAL REPORT TO CONGRESS.— of 2021, the Secretary shall submit to Con- ‘‘(C) CONSULTATION.—In developing the
‘‘(1) IN GENERAL.—Not later than December gress a report on the results of the study. standardized methodology under subpara-
31 of each calendar year, the Secretary shall ‘‘(B) CONTENTS.—The report under subpara- graph (A), the Secretary shall consult with—
submit to Congress, and make publicly avail- graph (A) shall include— ‘‘(i) the Secretary of the Interior;
able, a report describing the activities under ‘‘(i) a description of— ‘‘(ii) the Secretary of Agriculture, acting
the pilot program for the fiscal year that ‘‘(I) the causes of wildlife-vehicle colli- through the Chief of the Forest Service;
ends during that calendar year. sions; ‘‘(iii) Tribal, State, and local transpor-
‘‘(2) CONTENTS.—The report under para- ‘‘(II) the impacts of wildlife-vehicle colli- tation and wildlife authorities;
graph (1) shall include— sions; and ‘‘(iv) metropolitan planning organizations
‘‘(A) a detailed description of the activities ‘‘(III) the impacts of roads and traffic on— (as defined in section 134(b));
carried out under the pilot program; ‘‘(aa) species listed as threatened species ‘‘(v) members of the American Association
‘‘(B) an evaluation of the effectiveness of or endangered species under the Endangered of State Highway Transportation Officials;
the pilot program in meeting the purposes Species Act of 1973 (16 U.S.C. 1531 et seq.); ‘‘(vi) members of the Association of Fish
described in subsection (b); and ‘‘(bb) species identified by States as species and Wildlife Agencies;
‘‘(C) policy recommendations to improve of greatest conservation need; ‘‘(vii) experts in the field of wildlife-vehi-
the effectiveness of the pilot program. ‘‘(cc) species identified in State wildlife cle collisions;
‘‘(i) TREATMENT OF PROJECTS.—Notwith- plans; and ‘‘(viii) nongovernmental organizations; and
standing any other provision of law, a ‘‘(dd) medium and small terrestrial and ‘‘(ix) other interested stakeholders, as ap-
project assisted under this section shall be aquatic species; propriate.
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treated as a project on a Federal-aid high- ‘‘(ii) an economic evaluation of the costs ‘‘(2) STANDARDIZED NATIONAL DATA SYSTEM
way under this chapter.’’. and benefits of installing highway infra- WITH VOLUNTARY TEMPLATE IMPLEMENTA-
(2) CLERICAL AMENDMENT.—The analysis for structure and other measures to mitigate TION.—The Secretary shall—
chapter 1 of title 23, United States Code, is damage to terrestrial and aquatic species, in- ‘‘(A) develop a template for State imple-
amended by inserting after the item relating cluding the effect on jobs, property values, mentation of a standardized national wildlife
to section 170 the following: and economic growth to society, adjacent collision and carcass data system for the Na-
‘‘171. Wildlife crossings pilot program.’’. communities, and landowners; tional Highway System that is based on the
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August 1, 2021 CONGRESSIONAL RECORD — SENATE S5277
standardized methodology developed under ‘‘(F) the publication of the Federal High- SEC. 11127. NATIONALLY SIGNIFICANT FEDERAL
paragraph (1); and way Administration entitled ‘Wildlife Cross- LANDS AND TRIBAL PROJECTS PRO-
GRAM.
‘‘(B) encourage the voluntary implementa- ing Structure Handbook: Design and Evalua-
tion of the template developed under sub- tion in North America’ and dated March 2011; Section 1123 of the FAST Act (23 U.S.C. 201
paragraph (A). and’’. note; Public Law 114–94) is amended—
‘‘(3) REPORTS.— (e) WILDLIFE HABITAT CONNECTIVITY AND (1) in subsection (c)(3), by striking
‘‘(A) METHODOLOGY.—The Secretary shall NATIONAL BRIDGE AND TUNNEL INVENTORY ‘‘$25,000,000’’ and all that follows through the
submit to Congress a report describing the AND INSPECTION STANDARDS.—Section 144 of
period at the end and inserting ‘‘$12,500,000.’’;
standardized methodology developed under title 23, United States Code, is amended— (2) in subsection (g)—
paragraph (1) not later than the later of— (1) in subsection (a)(2)— (A) by striking the subsection designation
‘‘(i) the date that is 18 months after the (A) in subparagraph (B), by inserting ‘‘, re- and heading and all that follows through
date of enactment of the Surface Transpor- silience,’’ after ‘‘safety’’; ‘‘The Federal’’ in paragraph (1) and inserting
tation Reauthorization Act of 2021; and the following:
(B) in subparagraph (D), by striking ‘‘and’’
‘‘(ii) the date that is 180 days after the date ‘‘(g) COST SHARE.—
at the end; ‘‘(1) FEDERAL SHARE.—
on which the Secretary completes the devel- (C) in subparagraph (E), by striking the pe- ‘‘(A) IN GENERAL.—Except as provided in
opment of the standardized methodology. riod at the end and inserting ‘‘; and’’; and subparagraph (B), the Federal’’;
‘‘(B) IMPLEMENTATION.—Not later than 4 (D) by adding at the end the following:
years after the date of enactment of the Sur- (B) in paragraph (1), by adding at the end
‘‘(F) to ensure adequate passage of aquatic the following:
face Transportation Reauthorization Act of and terrestrial species, where appropriate.’’;
2021, the Secretary shall submit to Congress ‘‘(B) TRIBAL PROJECTS.—In the case of a
(2) in subsection (b)— project on a tribal transportation facility (as
a report describing— (A) in paragraph (4), by striking ‘‘and’’ at defined in section 101(a) of title 23, United
‘‘(i) the status of the voluntary implemen- the end; States Code), the Federal share of the cost of
tation of the standardized methodology de- (B) in paragraph (5), by striking the period the project shall be 100 percent.’’; and
veloped under paragraph (1) and the template at the end and inserting ‘‘; and’’; and (C) in paragraph (2), by striking ‘‘other
developed under paragraph (2)(A); (C) by adding at the end the following: than those made available under title 23 or
‘‘(ii) whether the implementation of the ‘‘(6) determine if the replacement or reha- title 49, United States Code,’’; and
standardized methodology developed under bilitation of bridges and tunnels should in- (3) by striking subsection (h) and inserting
paragraph (1) and the template developed clude measures to enable safe and unimpeded the following:
under paragraph (2)(A) has impacted efforts movement for terrestrial and aquatic spe- ‘‘(h) USE OF FUNDS.—
by States, units of local government, and cies.’’; and ‘‘(1) IN GENERAL.—For each fiscal year, of
other entities— (3) in subsection (i), by adding at the end the amounts made available to carry out
‘‘(I) to reduce the number of wildlife-vehi- the following: this section—
cle collisions; and ‘‘(3) REQUIREMENT.—The first revision ‘‘(A) 50 percent shall be used for eligible
‘‘(II) to improve habitat connectivity; under paragraph (2) after the date of enact- projects on Federal lands transportation fa-
‘‘(iii) the degree of the impact described in ment of the Surface Transportation Reau- cilities and Federal lands access transpor-
clause (ii); and thorization Act of 2021 shall include tech- tation facilities (as those terms are defined
‘‘(iv) the recommendations of the Sec- niques to assess passage of aquatic and ter- in section 101(a) of title 23, United States
retary, including recommendations for fur- restrial species and habitat restoration po- Code); and
ther study aimed at reducing motorist colli- tential.’’. ‘‘(B) 50 percent shall be used for eligible
sions involving wildlife and improving habi-
SEC. 11124. CONSOLIDATION OF PROGRAMS. projects on tribal transportation facilities
tat connectivity for terrestrial and aquatic
Section 1519(a) of MAP–21 (Public Law 112– (as defined in section 101(a) of title 23, United
species on the National Highway System, if
141; 126 Stat. 574; 129 Stat. 1423) is amended, States Code).
any.
in the matter preceding paragraph (1), by ‘‘(2) REQUIREMENT.—Not less than 1 eligible
‘‘(d) NATIONAL THRESHOLD GUIDANCE.—The
Secretary shall— striking ‘‘fiscal years 2016 through 2020’’ and project carried out using the amount de-
‘‘(1) establish guidance, to be carried out inserting ‘‘fiscal years 2022 through 2026’’. scribed in paragraph (1)(A) shall be in a unit
by States on a voluntary basis, that contains SEC. 11125. GAO REPORT. of the National Park System with not less
a threshold for determining whether a high- (a) IN GENERAL.—Section 1433 of the FAST than 3,000,000 annual visitors.
way shall be evaluated for potential mitiga- Act (23 U.S.C. 101 note; Public Law 114–94) is ‘‘(3) AVAILABILITY.—Amounts made avail-
tion measures to reduce wildlife-vehicle col- repealed. able to carry out this section shall remain
lisions and increase habitat connectivity for (b) CLERICAL AMENDMENT.—The table of available for a period of 3 fiscal years fol-
terrestrial and aquatic species, taking into contents in section 1(b) of the FAST Act lowing the fiscal year for which the amounts
consideration— (Public Law 114–94; 129 Stat. 1312) is amended are appropriated.’’.
by striking the item relating to section 1433. SEC. 11128. TRIBAL HIGH PRIORITY PROJECTS
‘‘(A) the number of wildlife-vehicle colli-
PROGRAM.
sions on the highway that pose a human SEC. 11126. TERRITORIAL AND PUERTO RICO
HIGHWAY PROGRAM.
Section 1123(h) of MAP–21 (23 U.S.C. 202
safety risk;
note; Public Law 112–141) is amended—
‘‘(B) highway-related mortality and the ef- Section 165 of title 23, United States Code,
(1) by redesignating paragraph (2) as para-
fects of traffic on the highway on— is amended—
graph (3);
‘‘(i) species listed as endangered species or (1) in subsection (a), by striking para- (2) in paragraph (3) (as so redesignated), in
threatened species under the Endangered graphs (1) and (2) and inserting the following: the matter preceding subparagraph (A), by
Species Act of 1973 (16 U.S.C. 1531 et seq.); ‘‘(1) for the Puerto Rico highway program striking ‘‘paragraph (1)’’ and inserting
‘‘(ii) species identified by a State as species under subsection (b)— ‘‘paragraphs (1) and (2)’’; and
of greatest conservation need; ‘‘(A) $173,010,000 shall be for fiscal year (3) by striking the subsection designation
‘‘(iii) species identified in State wildlife 2022; and heading and all that follows through the
plans; and ‘‘(B) $176,960,000 shall be for fiscal year 2023; period at the end of paragraph (1) and insert-
‘‘(iv) medium and small terrestrial and ‘‘(C) $180,120,000 shall be for fiscal year 2024; ing the following:
aquatic species; and ‘‘(D) $183,675,000 shall be for fiscal year ‘‘(h) FUNDING.—
‘‘(C) habitat connectivity values for terres- 2025; and ‘‘(1) SET-ASIDE.—For each of fiscal years
trial and aquatic species and the barrier ef- ‘‘(E) $187,230,000 shall be for fiscal year 2026; 2022 through 2026, of the amounts made avail-
fect of the highway on the movements and and able to carry out the tribal transportation
migrations of those species.’’. ‘‘(2) for the territorial highway program program under section 202 of title 23, United
(2) CLERICAL AMENDMENT.—The analysis for under subsection (c)— States Code, for that fiscal year, the Sec-
chapter 1 of title 23, United States Code (as ‘‘(A) $45,990,000 shall be for fiscal year 2022; retary shall use $9,000,000 to carry out the
amended by subsection (b)(2)) is amended by ‘‘(B) $47,040,000 shall be for fiscal year 2023; program.
inserting after the item relating to section ‘‘(C) $47,880,000 shall be for fiscal year 2024; ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—In
171 the following: ‘‘(D) $48,825,000 shall be for fiscal year 2025; addition to amounts made available under
‘‘172. Wildlife-vehicle collision reduction and and paragraph (1), there is authorized to be ap-
habitat connectivity improve- ‘‘(E) $49,770,000 shall be for fiscal year propriated $30,000,000 out of the general fund
ment.’’. 2026.’’; of the Treasury to carry out the program for
(d) WILDLIFE CROSSINGS STANDARDS.—Sec- (2) in subsection (b)(2)(C)(iii), by inserting each of fiscal years 2022 through 2026.’’.
tion 109(c)(2) of title 23, United States Code, ‘‘and preventative maintenance on the Na- SEC. 11129. STANDARDS.
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is amended— tional Highway System’’ after ‘‘chapter 1’’; Section 109 of title 23, United States Code,
(1) in subparagraph (E), by striking ‘‘and’’ and is amended—
at the end; (3) in subsection (c)(7), by striking ‘‘para- (1) in subsection (d)—
(2) by redesignating subparagraph (F) as graphs (1) through (4) of section 133(c) and (A) by striking ‘‘(d) On any’’ and inserting
subparagraph (G); and section 133(b)(12)’’ and inserting ‘‘paragraphs the following:
(3) by inserting after subparagraph (E) the (1), (2), (3), and (5) of section 133(c) and sec- ‘‘(d) MANUAL ON UNIFORM TRAFFIC CONTROL
following: tion 133(b)(13)’’. DEVICES.—
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S5278 CONGRESSIONAL RECORD — SENATE August 1, 2021
‘‘(1) IN GENERAL.—On any’’; ‘‘(i) IN GENERAL.—On October 1, 2021, and the program and to review applications for
(B) in paragraph (1) (as so designated), by each October 1 thereafter, in the case of a grants under the program; and
striking ‘‘promote the safe’’ and inserting State described in clause (ii), the Secretary ‘‘(B) transfer portions of the funds retained
‘‘promote the safety, inclusion, and mobility shall reserve an amount equal to 2.5 percent under subparagraph (A) to the relevant Ad-
of all users’’; and of the funds to be apportioned to the State ministrators to fund the award and oversight
(C) by adding at the end the following: on that date under each of paragraphs (1) and of grants provided under the program.
‘‘(2) UPDATES.—Not later than 18 months (2) of section 104(b) until the State certifies ‘‘(c) ELIGIBLE ENTITIES.—The Secretary
after the date of enactment of the Surface to the Secretary the means by which the may make a grant under the program to—
Transportation Reauthorization Act of 2021 State will use those reserved funds in accord- ‘‘(1) a State;
and not less frequently than every 4 years ance with subparagraphs (A) and (B) of para- ‘‘(2) a regional transportation planning or-
thereafter, the Secretary shall update the graph (1), and paragraph (3). ganization;
Manual on Uniform Traffic Control De- ‘‘(ii) STATES DESCRIBED.—A State referred ‘‘(3) a unit of local government;
vices.’’; to in clause (i) is a State— ‘‘(4) a Tribal government or a consortium
(2) in subsection (o)— ‘‘(I) that has not enacted or is not enforc- of Tribal governments; and
(A) by striking ‘‘Projects’’ and inserting: ing an open container law described in sub- ‘‘(5) a multijurisdictional group of entities
‘‘(A) IN GENERAL.—Projects’’; and section (b); and described in paragraphs (1) through (4).
(B) by inserting at the end the following: ‘‘(II) for which the Secretary determined ‘‘(d) APPLICATIONS.—To be eligible to re-
‘‘(B) LOCAL JURISDICTIONS.—Notwith- for the prior fiscal year that the State had ceive a grant under the program, an eligible
standing subparagraph (A), a local jurisdic- not enacted or was not enforcing an open entity shall submit to the Secretary an ap-
tion may use a roadway design guide recog- container law described in subsection (b).’’; plication in such form, at such time, and
nized by the Federal Highway Administra- and containing such information as the Sec-
tion and adopted by the local jurisdiction (3) in subparagraph (B), in the matter pre- retary may require.
that is different from the roadway design ceding clause (i), by striking ‘‘subparagraph ‘‘(e) ELIGIBLE PROJECTS.—
guide used by the State in which the local (A)’’ and inserting ‘‘subparagraph (A)(i)’’. ‘‘(1) IN GENERAL.—Except as provided in
jurisdiction is located for the design of (b) REPEAT INTOXICATED DRIVER LAWS.— paragraph (2), the Secretary may make a
projects on all roadways under the ownership Section 164(b)(2) of title 23, United States grant under the program only for a project
of the local jurisdiction (other than a high- Code, is amended— that is—
way on the National Highway System) for (1) in the paragraph heading, by striking ‘‘(A) a highway, bridge, or tunnel project
which the local jurisdiction is the project ‘‘2012’’ and inserting ‘‘2022’’; eligible under section 119(d);
sponsor, provided that the design complies (2) by striking subparagraph (A) and in- ‘‘(B) a highway, bridge, or tunnel project
with all other applicable Federal laws.’’; and serting the following: eligible under section 133(b);
(3) by adding at the end the following: ‘‘(A) RESERVATION OF FUNDS.— ‘‘(C) a project eligible under section 202(a);
‘‘(s) ELECTRIC VEHICLE CHARGING STA- ‘‘(i) IN GENERAL.—On October 1, 2021, and ‘‘(D) a highway freight project eligible
TIONS.— each October 1 thereafter, in the case of a under section 167(h)(5);
‘‘(1) STANDARDS.—Electric vehicle charging State described in clause (ii), the Secretary ‘‘(E) a highway safety improvement
infrastructure installed using funds provided shall reserve an amount equal to 2.5 percent project, including a project to improve a
under this title shall provide, at a min- of the funds to be apportioned to the State high risk rural road (as those terms are de-
imum— on that date under each of paragraphs (1) and fined in section 148(a));
‘‘(A) non-proprietary charging connectors (2) of section 104(b) until the State certifies ‘‘(F) a project on a publicly-owned highway
that meet applicable industry safety stand- to the Secretary the means by which the or bridge that provides or increases access to
ards; and State will use those reserved funds in accord- an agricultural, commercial, energy, or
‘‘(B) open access to payment methods that ance with subparagraphs (A) and (B) of para- intermodal facility that supports the econ-
are available to all members of the public to graph (1), and paragraph (3). omy of a rural area; or
ensure secure, convenient, and equal access ‘‘(ii) STATES DESCRIBED.—A State referred ‘‘(G) a project to develop, establish, or
to the electric vehicle charging infrastruc- to in clause (i) is a State— maintain an integrated mobility manage-
ture that shall not be limited by membership ‘‘(I) that has not enacted or is not enforc- ment system, a transportation demand man-
to a particular payment provider. ing a repeat intoxicated driver law; and agement system, or on-demand mobility
‘‘(2) TREATMENT OF PROJECTS.—Notwith- ‘‘(II) for which the Secretary determined services.
standing any other provision of law, a for the prior fiscal year that the State had ‘‘(2) BUNDLING OF ELIGIBLE PROJECTS.—
project to install electric vehicle charging not enacted or was not enforcing a repeat in- ‘‘(A) IN GENERAL.—An eligible entity may
infrastructure using funds provided under toxicated driver law.’’; and bundle 2 or more similar eligible projects
this title shall be treated as if the project is (3) in subparagraph (B), in the matter pre- under the program that are—
located on a Federal-aid highway.’’. ceding clause (i), by striking ‘‘subparagraph ‘‘(i) included as a bundled project in a
SEC. 11130. PUBLIC TRANSPORTATION. (A)’’ and inserting ‘‘subparagraph (A)(i)’’. statewide transportation improvement pro-
(a) IN GENERAL.—Section 142(a) of title 23, SEC. 11132. RURAL SURFACE TRANSPORTATION gram under section 135; and
United States Code, is amended by adding at GRANT PROGRAM. ‘‘(ii) awarded to a single contractor or con-
the end the following: (a) IN GENERAL.—Chapter 1 of title 23, sultant pursuant to a contract for engineer-
‘‘(3) BUS CORRIDORS.—In addition to the United States Code (as amended by section ing and design or construction between the
projects described in paragraphs (1) and (2), 11123(c)(1)), is amended by adding at the end contractor and the eligible entity.
the Secretary may approve payment from the following: ‘‘(B) ITEMIZATION.—Notwithstanding any
sums apportioned under paragraph (2) or (7) ‘‘§ 173. Rural surface transportation grant other provision of law (including regula-
of section 104(b) for carrying out a capital program tions), a bundling of eligible projects under
project for the construction of a bus rapid ‘‘(a) DEFINITIONS.—In this section: this paragraph may be considered to be a sin-
transit corridor or dedicated bus lanes, in- ‘‘(1) PROGRAM.—The term ‘program’ means gle project, including for purposes of section
cluding the construction or installation of— the program established under subsection 135.
‘‘(A) traffic signaling and prioritization (b)(1). ‘‘(f) ELIGIBLE PROJECT COSTS.—An eligible
systems; ‘‘(2) RURAL AREA.—The term ‘rural area’ entity may use funds from a grant under the
‘‘(B) redesigned intersections that are nec- means an area that is outside an urbanized program for—
essary for the establishment of a bus rapid area with a population of over 200,000. ‘‘(1) development phase activities, includ-
transit corridor; ‘‘(b) ESTABLISHMENT.— ing planning, feasibility analysis, revenue
‘‘(C) on-street stations; ‘‘(1) IN GENERAL.—The Secretary shall es- forecasting, environmental review, prelimi-
‘‘(D) fare collection systems; tablish a rural surface transportation grant nary engineering and design work, and other
‘‘(E) information and wayfinding systems; program to provide grants, on a competitive preconstruction activities; and
and basis, to eligible entities to improve and ex- ‘‘(2) construction, reconstruction, rehabili-
‘‘(F) depots.’’. pand the surface transportation infrastruc- tation, acquisition of real property (includ-
(b) TECHNICAL CORRECTION.—Section 142 of ture in rural areas. ing land related to the project and improve-
title 23, United States Code, is amended by ‘‘(2) GOALS.—The goals of the program ments to the land), environmental mitiga-
striking subsection (i). shall be— tion, construction contingencies, acquisition
SEC. 11131. RESERVATION OF CERTAIN FUNDS. ‘‘(A) to increase connectivity; of equipment, and operational improve-
(a) OPEN CONTAINER REQUIREMENTS.—Sec- ‘‘(B) to improve the safety and reliability ments.
dlhill on DSK120RN23PROD with SENATE
tion 154(c)(2) of title 23, United States Code, of the movement of people and freight; and ‘‘(g) PROJECT REQUIREMENTS.—The Sec-
is amended— ‘‘(C) to generate regional economic growth retary may provide a grant under the pro-
(1) in the paragraph heading, by striking and improve quality of life. gram to an eligible project only if the Sec-
‘‘2012’’ and inserting ‘‘2022’’; ‘‘(3) GRANT ADMINISTRATION.—The Sec- retary determines that the project—
(2) by striking subparagraph (A) and in- retary may— ‘‘(1) will generate regional economic, mo-
serting the following: ‘‘(A) retain not more than a total of 2 per- bility, or safety benefits;
‘‘(A) RESERVATION OF FUNDS.— cent of the funds made available to carry out ‘‘(2) will be cost effective;
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August 1, 2021 CONGRESSIONAL RECORD — SENATE S5279
‘‘(3) will contribute to the accomplishment rural roadway fatalities as a result of lane SEC. 11133. BICYCLE TRANSPORTATION AND PE-
of 1 or more of the national goals under sec- departures in the United States, based on the DESTRIAN WALKWAYS.
tion 150; latest available data from the Secretary. Section 217 of title 23, United States Code,
‘‘(4) is based on the results of preliminary ‘‘(4) EXCESS FUNDING.—In any fiscal year in is amended—
engineering; and which qualified applications for grants under (1) in subsection (a)—
‘‘(5) is reasonably expected to begin con- this subsection do not allow for the amounts (A) by striking ‘‘pedestrian walkways and
struction not later than 18 months after the reserved under paragraphs (1), (2), or (3) to be bicycle’’ and inserting ‘‘pedestrian walkways
date of obligation of funds for the project. fully utilized, the Secretary shall use the un- and bicycle and shared micromobility’’; and
‘‘(h) ADDITIONAL CONSIDERATIONS.—In pro- utilized amounts to make other grants under (B) by striking ‘‘safe bicycle use’’ and in-
viding grants under the program, the Sec- the program. serting ‘‘safe access for bicyclists and pedes-
retary shall consider the extent to which an ‘‘(l) CONGRESSIONAL REVIEW.— trians’’;
eligible project will— ‘‘(1) NOTIFICATION.—Not less than 60 days (2) in subsection (d), by striking ‘‘a posi-
‘‘(1) improve the state of good repair of ex- before providing a grant under the program, tion’’ and inserting ‘‘up to 2 positions’’;
isting highway, bridge, and tunnel facilities; the Secretary shall submit to the Committee (3) in subsection (e), by striking ‘‘bicycles’’
‘‘(2) increase the capacity or connectivity on Environment and Public Works of the each place it appears and inserting ‘‘pedes-
of the surface transportation system and im- Senate and the Committee on Transpor- trians or bicyclists’’;
prove mobility for residents of rural areas; tation and Infrastructure of the House of (4) in subsection (f), by striking ‘‘and a bi-
‘‘(3) address economic development and job Representatives— cycle’’ and inserting ‘‘or a bicycle or shared
creation challenges, including energy sector ‘‘(A) a list of all applications determined micromobility’’; and
job losses in energy communities as identi- to be eligible for a grant by the Secretary; (5) in subsection (j), by striking paragraph
fied in the report released in April 2021 by ‘‘(B) each application proposed to be se- (2) and inserting the following:
the interagency working group established lected for a grant, including a justification ‘‘(2) ELECTRIC BICYCLE.—
by section 218 of Executive Order 14008 (86 for the selection; and ‘‘(A) IN GENERAL.—The term ‘electric bicy-
Fed. Reg. 7628 (February 1, 2021)); ‘‘(C) proposed grant amounts. cle’ means a bicycle—
‘‘(4) enhance recreational and tourism op- ‘‘(2) COMMITTEE REVIEW.—Before the last ‘‘(i) equipped with fully operable pedals, a
portunities by providing access to Federal day of the 60-day period described in para- saddle or seat for the rider, and an electric
land, national parks, national forests, na- graph (1), each Committee described in para- motor of less than 750 watts;
tional recreation areas, national wildlife ref- graph (1) shall review the list of proposed ‘‘(ii) that can safely share a bicycle trans-
uges, wilderness areas, or State parks; projects submitted by the Secretary. portation facility with other users of such
‘‘(5) contribute to geographic diversity ‘‘(3) CONGRESSIONAL DISAPPROVAL.—The facility; and
among grant recipients; Secretary may not make a grant or any ‘‘(iii) that is a class 1 electric bicycle, class
‘‘(6) utilize innovative project delivery ap- other obligation or commitment to fund a 2 electric bicycle, or class 3 electric bicycle.
proaches or incorporate transportation tech- project under the program if a joint resolu- ‘‘(B) CLASSES OF ELECTRIC BICYCLES.—
nologies; tion is enacted disapproving funding for the ‘‘(i) CLASS 1 ELECTRIC BICYCLE.—For pur-
‘‘(7) coordinate with projects to address project before the last day of the 60-day pe- poses of subparagraph (A)(iii), the term
broadband infrastructure needs; or riod described in paragraph (1). ‘class 1 electric bicycle’ means an electric bi-
‘‘(8) improve access to emergency care, es- ‘‘(m) TRANSPARENCY.— cycle, other than a class 3 electric bicycle,
sential services, healthcare providers, or ‘‘(1) IN GENERAL.—Not later than 30 days equipped with a motor that—
drug and alcohol treatment and rehabilita- after providing a grant for a project under ‘‘(I) provides assistance only when the
tion resources. the program, the Secretary shall provide to rider is pedaling; and
‘‘(i) GRANT AMOUNT.—Except as provided in ‘‘(II) ceases to provide assistance when the
all applicants, and publish on the website of
subsection (k)(1), a grant under the program speed of the bicycle reaches or exceeds 20
the Department of Transportation, the infor-
shall be in an amount that is not less than miles per hour.
mation described in subsection (l)(1).
$25,000,000. ‘‘(ii) CLASS 2 ELECTRIC BICYCLE.—For pur-
‘‘(j) FEDERAL SHARE.— ‘‘(2) BRIEFING.—The Secretary shall pro-
vide, on the request of an eligible entity, the poses of subparagraph (A)(iii), the term
‘‘(1) IN GENERAL.—Except as provided in ‘class 2 electric bicycle’ means an electric bi-
paragraph (2), the Federal share of the cost opportunity to receive a briefing to explain
any reasons the eligible entity was not se- cycle equipped with a motor that—
of a project carried out with a grant under ‘‘(I) may be used exclusively to propel the
the program may not exceed 80 percent. lected to receive a grant under the program.
‘‘(n) REPORTS.— bicycle; and
‘‘(2) FEDERAL SHARE FOR CERTAIN ‘‘(II) is not capable of providing assistance
PROJECTS.—The Federal share of the cost of ‘‘(1) ANNUAL REPORT.—The Secretary shall
make available on the website of the Depart- when the speed of the bicycle reaches or ex-
an eligible project that furthers the comple- ceeds 20 miles per hour.
tion of a designated segment of the Appa- ment of Transportation at the end of each
fiscal year an annual report that lists each ‘‘(iii) CLASS 3 ELECTRIC BICYCLE.—For pur-
lachian Development Highway System under poses of subparagraph (A)(iii), the term
section 14501 of title 40, or addresses a sur- project for which a grant has been provided
under the program during that fiscal year. ‘class 3 electric bicycle’ means an electric bi-
face transportation infrastructure need iden- cycle equipped with a motor that—
tified for the Denali access system program ‘‘(2) COMPTROLLER GENERAL.—
‘‘(A) ASSESSMENT.—The Comptroller Gen- ‘‘(I) provides assistance only when the
under section 309 of the Denali Commission rider is pedaling; and
Act of 1998 (42 U.S.C. 3121 note; Public Law eral of the United States shall conduct an as-
sessment of the administrative establish- ‘‘(II) ceases to provide assistance when the
105–277) shall be up to 100 percent, as deter- speed of the bicycle reaches or exceeds 28
mined by the State. ment, solicitation, selection, and justifica-
tion process with respect to the awarding of miles per hour.’’.
‘‘(3) USE OF OTHER FEDERAL ASSISTANCE.— SEC. 11134. RECREATIONAL TRAILS PROGRAM.
Federal assistance other than a grant under grants under the program for each fiscal
year. Section 206 of title 23, United States Code,
the program may be used to satisfy the non- is amended by adding at the end the fol-
Federal share of the cost of a project carried ‘‘(B) REPORT.—Each fiscal year, the Comp-
troller General shall submit to the Com- lowing:
out with a grant under the program. ‘‘(j) USE OF OTHER APPORTIONED FUNDS.—
‘‘(k) SET ASIDES.— mittee on Environment and Public Works of
Funds apportioned to a State under section
‘‘(1) SMALL PROJECTS.—The Secretary shall the Senate and the Committee on Transpor-
104(b) that are obligated for a recreational
use not more than 10 percent of the amounts tation and Infrastructure of the House of
trail or a related project shall be adminis-
made available for the program for each fis- Representatives a report that describes, for
tered as if the funds were made available to
cal year to provide grants for eligible the fiscal year—
carry out this section.’’.
projects in an amount that is less than ‘‘(i) the adequacy and fairness of the proc-
SEC. 11135. UPDATES TO MANUAL ON UNIFORM
$25,000,000. ess by which each project was selected, if ap- TRAFFIC CONTROL DEVICES.
‘‘(2) APPALACHIAN DEVELOPMENT HIGHWAY plicable; and In carrying out the first update to the
SYSTEM.—The Secretary shall reserve 25 per- ‘‘(ii) the justification and criteria used for Manual on Uniform Traffic Control Devices
cent of the amounts made available for the the selection of each project, if applicable. under section 109(d)(2) of title 23, United
program for each fiscal year for eligible ‘‘(o) TREATMENT OF PROJECTS.—Notwith- States Code, to the greatest extent prac-
projects that further the completion of des- standing any other provision of law, a ticable, the Secretary shall include updates
ignated routes of the Appalachian Develop- project assisted under this section shall be necessary to provide for—
ment Highway System under section 14501 of treated as a project on a Federal-aid high- (1) the protection of vulnerable road users
title 40. way under this chapter.’’. (as defined in section 148(a) of title 23, United
dlhill on DSK120RN23PROD with SENATE
‘‘(3) RURAL ROADWAY LANE DEPARTURES.— (b) CLERICAL AMENDMENT.—The analysis States Code);
The Secretary shall reserve 15 percent of the for chapter 1 of title 23, United States Code (2) supporting the safe testing of auto-
amounts made available for the program for (as amended by section 11123(c)(2)), is amend- mated vehicle technology and any prepara-
each fiscal year to provide grants for eligible ed by inserting after the item relating to tion necessary for the safe integration of
projects located in States that have rural section 172 the following: automated vehicles onto public streets;
roadway fatalities as a result of lane depar- ‘‘173. Rural surface transportation grant pro- (3) appropriate use of variable message
tures that are greater than the average of gram.’’. signs to enhance public safety;
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S5280 CONGRESSIONAL RECORD — SENATE August 1, 2021
(4) the minimum retroreflectivity of traffic (3) in subsection (h)(1)(E), by inserting ‘‘, tation networks of the metropolitan plan-
control devices and pavement markings; and housing,’’ after ‘‘growth’’; ning area;
(5) any additional recommendations made (4) in subsection (i)— ‘‘(II) identify the location of existing and
by the National Committee on Uniform Traf- (A) in paragraph (4)(B)— planned housing and employment, and trans-
fic Control Devices that have not been incor- (i) by redesignating clauses (iii) through portation options that connect housing and
porated into the Manual on Uniform Traffic (vi) as clauses (iv) through (vii), respec- employment; and
Control Devices. tively; and ‘‘(III) include a comparison of transpor-
Subtitle B—Planning and Performance (ii) by inserting after clause (ii) the fol- tation plans to land use management plans,
Management lowing: including zoning plans, that may affect road
SEC. 11201. TRANSPORTATION PLANNING. ‘‘(iii) assumed distribution of population use, public transportation ridership, and
(a) METROPOLITAN TRANSPORTATION PLAN- and housing;’’; and housing development.’’.
NING.—Section 134 of title 23, United States (B) in paragraph (6)(A), by inserting ‘‘af- SEC. 11202. FISCAL CONSTRAINT ON LONG-RANGE
TRANSPORTATION PLANS.
Code, is amended— fordable housing organizations,’’ after ‘‘dis-
(1) in subsection (d)— abled,’’; and Not later than 1 year after the date of en-
(A) in paragraph (3), by adding at the end (5) in subsection (k)— actment of this Act, the Secretary shall
the following: amend section 450.324(f)(11)(v) of title 23,
(A) by redesignating paragraphs (4) and (5)
‘‘(D) CONSIDERATIONS.—In designating offi- Code of Federal Regulations, to ensure that
as paragraphs (5) and (6), respectively; and
cials or representatives under paragraph (2) the outer years of a metropolitan transpor-
(B) by inserting after paragraph (3) the fol-
tation plan are defined as ‘‘beyond the first
for the first time, subject to the bylaws or lowing: 4 years’’.
enabling statute of the metropolitan plan- ‘‘(4) HOUSING COORDINATION PROCESS.— SEC. 11203. STATE HUMAN CAPITAL PLANS.
ning organization, the metropolitan plan- ‘‘(A) IN GENERAL.—Within a metropolitan
ning organization shall consider the equi- (a) IN GENERAL.—Chapter 1 of title 23,
planning area serving a transportation man- United States Code (as amended by section
table and proportional representation of the agement area, the transportation planning
population of the metropolitan planning 11132(a)), is amended by adding at the end
process under this section may address the the following:
area.’’; and integration of housing, transportation, and
(B) in paragraph (7)— ‘‘§ 174. State human capital plans
economic development strategies through a
(i) by striking ‘‘an existing metropolitan process that provides for effective integra- ‘‘(a) IN GENERAL.—Not later than 18
planning area’’ and inserting ‘‘an existing tion, based on a cooperatively developed and months after the date of enactment of this
urbanized area (as defined by the Bureau of implemented strategy, of new and existing section, the Secretary shall encourage each
the Census)’’; and transportation facilities eligible for funding State to develop a voluntary plan, to be
(ii) by striking ‘‘the existing metropolitan known as a ‘human capital plan’, that pro-
under this title and chapter 53 of title 49.
planning area’’ and inserting ‘‘the area’’; vides for the immediate and long-term per-
‘‘(B) COORDINATION IN INTEGRATED PLANNING
(2) in subsection (g)— sonnel and workforce needs of the State with
PROCESS.—In carrying out the process de-
(A) in paragraph (1), by striking ‘‘a metro- respect to the capacity of the State to de-
scribed in subparagraph (A), a metropolitan
politan area’’ and inserting ‘‘an urbanized liver transportation and public infrastruc-
planning organization may—
area (as defined by the Bureau of the Cen- ture eligible under this title.
‘‘(i) consult with— ‘‘(b) PLAN CONTENTS.—
sus)’’; and ‘‘(I) State and local entities responsible for
(B) by adding at the end the following: ‘‘(1) IN GENERAL.—A human capital plan de-
land use, economic development, housing, veloped by a State under subsection (a) shall,
‘‘(4) COORDINATION BETWEEN MPOS.—If management of road networks, or public
more than 1 metropolitan planning organiza- to the maximum extent practicable, take
transportation; and into consideration—
tion is designated within an urbanized area ‘‘(II) other appropriate public or private
(as defined by the Bureau of the Census) ‘‘(A) significant transportation workforce
entities; and trends, needs, issues, and challenges with re-
under subsection (d)(7), the metropolitan
‘‘(ii) coordinate, to the extent practicable, spect to the State;
planning organizations designated within the
with applicable State and local entities to ‘‘(B) the human capital policies, strategies,
area shall ensure, to the maximum extent
align the goals of the process with the goals and performance measures that will guide
practicable, the consistency of any data used
of any comprehensive housing affordability the transportation-related workforce invest-
in the planning process, including informa-
strategies established within the metropoli- ment decisions of the State;
tion used in forecasting travel demand.
tan planning area pursuant to section 105 of ‘‘(C) coordination with educational institu-
‘‘(5) SAVINGS CLAUSE.—Nothing in this sub-
the Cranston-Gonzalez National Affordable tions, industry, organized labor, workforce
section requires metropolitan planning orga-
Housing Act (42 U.S.C. 12705) and plans devel- boards, and other agencies or organizations
nizations designated within a single urban-
oped under section 5A of the United States to address the human capital transportation
ized area to jointly develop planning docu-
Housing Act of 1937 (42 U.S.C. 1437c–1). needs of the State;
ments, including a unified long-range trans-
‘‘(C) HOUSING COORDINATION PLAN.— ‘‘(D) a workforce planning strategy that
portation plan or unified TIP.’’;
‘‘(i) IN GENERAL.—A metropolitan planning identifies current and future human capital
(3) in subsection (i)(6), by adding at the end
organization serving a transportation man- needs, including the knowledge, skills, and
the following:
agement area may develop a housing coordi- abilities needed to recruit and retain skilled
‘‘(D) USE OF TECHNOLOGY.—A metropolitan
nation plan that includes projects and strat- workers in the transportation industry;
planning organization may use social media
egies that may be considered in the metro- ‘‘(E) a human capital management strat-
and other web-based tools—
politan transportation plan of the metropoli- egy that is aligned with the transportation
‘‘(i) to further encourage public participa-
tan planning organization. mission, goals, and organizational objectives
tion; and
‘‘(ii) CONTENTS.—A plan described in clause of the State;
‘‘(ii) to solicit public feedback during the
(i) may— ‘‘(F) an implementation system for work-
transportation planning process.’’; and
‘‘(I) develop regional goals for the integra- force goals focused on addressing continuity
(4) in subsection (p), by striking ‘‘para-
tion of housing, transportation, and eco- of leadership and knowledge sharing across
graphs (5)(D) and (6) of section 104(b) of this
nomic development strategies to— the State;
title’’ and inserting ‘‘section 104(b)(6)’’.
(b) STATEWIDE AND NONMETROPOLITAN ‘‘(aa) better connect housing and employ- ‘‘(G) an implementation system that ad-
TRANSPORTATION PLANNING.—Section 135(f)(3) ment while mitigating commuting times; dresses workforce competency gaps, particu-
of title 23, United States Code, is amended by ‘‘(bb) align transportation improvements larly in mission-critical occupations;
adding at the end the following: with housing needs, such as housing supply ‘‘(H) in the case of public-private partner-
‘‘(C) USE OF TECHNOLOGY.—A State may use shortages, and proposed housing develop- ships or other alternative project delivery
social media and other web-based tools— ment; methods to carry out the transportation pro-
‘‘(i) to further encourage public participa- ‘‘(cc) align planning for housing and trans- gram of the State, a description of workforce
tion; and portation to address needs in relationship to needs—
‘‘(ii) to solicit public feedback during the household incomes within the metropolitan ‘‘(i) to ensure that the transportation mis-
transportation planning process.’’. planning area; sion, goals, and organizational objectives of
(c) CONFORMING AMENDMENT.—Section ‘‘(dd) expand housing and economic devel- the State are fully carried out; and
135(i) of title 23, United States Code, is opment within the catchment areas of exist- ‘‘(ii) to ensure that procurement methods
amended by striking ‘‘paragraphs (5)(D) and ing transportation facilities and public provide the best public value;
(6) of section 104(b) of this title’’ and insert- transportation services when appropriate, in- ‘‘(I) a system for analyzing and evaluating
ing ‘‘section 104(b)(6)’’. cluding higher-density development, as lo- the performance of the State department of
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(d) HOUSING COORDINATION.—Section 134 of cally determined; transportation with respect to all aspects of
title 23, United States Code, is amended— ‘‘(ee) manage effects of growth of vehicle human capital management policies, pro-
(1) in subsection (a)(1), by inserting ‘‘better miles traveled experienced in the metropoli- grams, and activities; and
connect housing and employment,’’ after tan planning area related to housing devel- ‘‘(J) the manner in which the plan will im-
‘‘urbanized areas’’; opment and economic development; prove the ability of the State to meet the na-
(2) in subsection (g)(3)(A), by inserting ‘‘(ff) increase share of households with suf- tional policy in support of performance man-
‘‘housing,’’ after ‘‘economic development,’’; ficient and affordable access to the transpor- agement established under section 150.
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August 1, 2021 CONGRESSIONAL RECORD — SENATE S5281
‘‘(2) PLANNING PERIOD.—If a State develops (iii) public support; (III) use the evaluation under subclause (II)
a human capital plan under subsection (a), (C) use the scores assigned under subpara- to create a ranked list of proposed projects;
the plan shall address a 5-year forecast pe- graph (B) to guide project selection in the and
riod. development of the transportation plan and (ii) with respect to the statewide transpor-
‘‘(c) PLAN UPDATES.—If a State develops a transportation improvement program; and tation improvement program under section
human capital plan under subsection (a), the (D) ensure that the public— 135(g) of title 23, United States Code, and sec-
State shall update the plan not less fre- (i) has opportunities to provide public com- tion 5304(g) of title 49, United States Code,
quently than once every 5 years. ment on projects before decisions are made include projects according to the rank of the
‘‘(d) RELATIONSHIP TO LONG-RANGE PLAN.— on the transportation plan and the transpor- project under clause (i)(III), except as pro-
‘‘(1) IN GENERAL.—Subject to paragraph (2), vided in subparagraph (D).
tation improvement program; and
a human capital plan developed by a State (C) ADDITIONAL TRANSPORTATION PLAN-
(ii) has access to clear reasons why each
under subsection (a) may be developed sepa- NING.—If the eligible entity has imple-
project or strategy was selected or not se-
rately from, or incorporated into, the long- mented, and has in effect, the requirements
lected.
range statewide transportation plan required under subparagraph (A) or (B), as applicable,
(2) REQUIREMENTS.—An eligible entity that
under section 135. the eligible entity may use any remaining
‘‘(2) EFFECT OF SECTION.—Nothing in this receives a grant under the prioritization
process pilot program shall use the funds as funds from a grant provided under the pilot
section requires a State, or authorizes the program for any transportation planning
Secretary to require a State, to incorporate described in each of the following, as appli-
cable: purpose.
a human capital plan into the long-range
(A) METROPOLITAN TRANSPORTATION PLAN- (D) EXCEPTIONS TO PRIORITY RANKING.—In
statewide transportation plan required under
NING.—In the case of a metropolitan planning the case of any project that the eligible enti-
section 135.
organization that serves an area with a pop- ty chooses to include or not include in the
‘‘(e) PUBLIC AVAILABILITY.—Each State
that develops a human capital plan under ulation of over 200,000, the entity shall— transportation improvement program under
subsection (a) shall make a copy of the plan (i) develop and implement a publicly acces- section 134(j) of title 23, United States Code,
available to the public in a user-friendly for- sible, transparent prioritization process for or the statewide transportation improve-
mat on the website of the State department the selection of projects for inclusion on the ment program under section 135(g) of title 23,
of transportation. transportation plan for the metropolitan United States Code, as applicable, in a man-
‘‘(f) SAVINGS PROVISION.—Nothing in this planning area under section 134(i) of title 23, ner that is contrary to the priority ranking
section prevents a State from carrying out United States Code, and section 5303(i) of for that project established under subpara-
transportation workforce planning— title 49, United States Code, which shall— graph (A)(i)(III) or (B)(i)(III), the eligible en-
‘‘(1) not described in this section; or (I) include criteria identified by the metro- tity shall make publicly available an expla-
‘‘(2) not in accordance with this section.’’. politan planning organization, which may be nation for the decision, including—
(b) CLERICAL AMENDMENT.—The analysis weighted to reflect the priority objectives (i) a review of public comments regarding
for chapter 1 of title 23, United States Code developed under paragraph (1)(A), that the the project;
(as amended by section 11132(b)), is amended metropolitan planning organization has de- (ii) an evaluation of public support for the
by inserting after the item relating to sec- termined support— project;
tion 173 the following: (aa) factors described in section 134(h) of (iii) an assessment of geographic balance of
‘‘174. State human capital plans.’’. title 23, United States Code, and section projects of the eligible entity; and
SEC. 11204. PRIORITIZATION PROCESS PILOT 5303(h) of title 49, United States Code; (iv) the number of projects of the eligible
PROGRAM. (bb) targets for national performance entity in economically distressed areas.
(a) DEFINITIONS.—In this section: measures under section 150(b) of title 23, (3) MAXIMUM AMOUNT.—The maximum
(1) ELIGIBLE ENTITY.—The term ‘‘eligible United States Code; amount of a grant under the prioritization
entity’’ means any of the following: (cc) applicable transportation goals in the process pilot program is $2,000,000.
(A) A metropolitan planning organization metropolitan planning area or State set by (d) APPLICATIONS.—To be eligible to par-
that serves an area with a population of over the applicable transportation agency; and ticipate in the prioritization process pilot
200,000. (dd) priority objectives developed under program, an eligible entity shall submit to
(B) A State. paragraph (1)(A); the Secretary an application at such time, in
(2) METROPOLITAN PLANNING ORGANIZA- (II) evaluate the outcomes for each pro- such manner, and containing such informa-
TION.—The term ‘‘metropolitan planning or- posed project on the basis of the benefits of tion as the Secretary may require.
ganization’’ has the meaning given the term the proposed project with respect to each of
in section 134(b) of title 23, United States SEC. 11205. TRAVEL DEMAND DATA AND MOD-
the criteria described in subclause (I) rel- ELING.
Code. ative to the cost of the proposed project; and
(3) PRIORITIZATION PROCESS PILOT PRO- (III) use the evaluation under subclause (II) (a) DEFINITION OF METROPOLITAN PLANNING
GRAM.—The term ‘‘prioritization process ORGANIZATION.—In this section, the term
to create a ranked list of proposed projects;
pilot program’’ means the pilot program es- and ‘‘metropolitan planning organization’’ has
tablished under subsection (b)(1). the meaning given the term in section 134(b)
(ii) with respect to the priority list under
(b) ESTABLISHMENT.— of title 23, United States Code.
section 134(j)(2)(A) of title 23 and section
(1) IN GENERAL.—The Secretary shall estab-
lish and solicit applications for a 5303(j)(2)(A) of title 49, United States Code, (b) STUDY.—
prioritization process pilot program. include projects according to the rank of the (1) IN GENERAL.—Not later than 2 years
(2) PURPOSE.—The purpose of the project under clause (i)(III), except as pro- after the date of enactment of this Act, and
prioritization process pilot program shall be vided in subparagraph (D). not less frequently than once every 5 years
to support data-driven approaches to plan- (B) STATEWIDE TRANSPORTATION PLAN- thereafter, the Secretary shall carry out a
NING.—In the case of a State, the State study that—
ning that, on completion, can be evaluated
for public benefit. shall— (A) gathers travel data and travel demand
(c) PILOT PROGRAM ADMINISTRATION.— (i) develop and implement a publicly acces- forecasts from a representative sample of
(1) IN GENERAL.—An eligible entity partici- sible, transparent process for the selection of States and metropolitan planning organiza-
pating in the prioritization process pilot pro- projects for inclusion on the long-range tions;
gram shall— statewide transportation plan under section (B) uses the data and forecasts gathered
(A) use priority objectives that are devel- 135(f) of title 23, United States Code, which under subparagraph (A) to compare travel
oped— shall— demand forecasts with the observed data, in-
(i) in the case of an urbanized area with a (I) include criteria identified by the State, cluding—
population of over 200,000, by the metropoli- which may be weighted to reflect statewide (i) traffic counts;
tan planning organization that serves the priorities, that the State has determined (ii) travel mode share and public transit
area, in consultation with the State; support— ridership; and
(ii) in the case of an urbanized area with a (aa) factors described in section 135(d) of (iii) vehicle occupancy measures; and
population of 200,000 or fewer, by the State in title 23, United States Code, and section (C) uses the information described in sub-
consultation with all metropolitan planning 5304(d) of title 49, United States Code; paragraphs (A) and (B)—
organizations in the State; and (bb) national transportation goals under (i) to develop best practices or guidance for
(iii) through a public process that provides section 150(b) of title 23, United States Code; States and metropolitan planning organiza-
an opportunity for public input; (cc) applicable transportation goals in the tions to use in forecasting travel demand for
(B) assess and score projects and strategies State; and future investments in transportation im-
dlhill on DSK120RN23PROD with SENATE
on the basis of— (dd) the priority objectives developed provements;
(i) the contribution and benefits of the under paragraph (1)(A); (ii) to evaluate the impact of transpor-
project or strategy to each priority objective (II) evaluate the outcomes for each pro- tation investments, including new roadway
developed under subparagraph (A); posed project on the basis of the benefits of capacity, on travel behavior and travel de-
(ii) the cost of the project or strategy rel- the proposed project with respect to each of mand, including public transportation rider-
ative to the contribution and benefits as- the criteria described in subclause (I) rel- ship, induced highway travel, and conges-
sessed and scored under clause (i); and ative to the cost of the proposed project; and tion;
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S5282 CONGRESSIONAL RECORD — SENATE August 1, 2021
(iii) to support more accurate travel de- (4) regional and megaregional planning to ‘‘(B) CLARIFICATION.—In this section, the
mand forecasting by States and metropoli- address travel demand and capacity con- term ‘major project’ does not have the same
tan planning organizations; and straints through alternatives to new high- meaning as the term ‘major project’ as de-
(iv) to enhance the capacity of States and way capacity, including through intercity scribed in section 106(h).’’;
metropolitan planning organizations— passenger rail; and (3) in subsection (b)(1)—
(I) to forecast travel demand; and (5) development of transportation plans (A) by inserting ‘‘, including major
(II) to track observed travel behavior re- and policies that support transit-oriented de- projects,’’ after ‘‘all projects’’; and
sponses, including induced travel, to changes velopment. (B) by inserting ‘‘as requested by a project
in transportation capacity, pricing, and land (d) FEDERAL SHARE.—The Federal share of sponsor and’’ after ‘‘applied,’’;
use patterns. the cost of an activity carried out under this (4) in subsection (c)—
(2) SECRETARIAL SUPPORT.—The Secretary section shall be 80 percent, unless the Sec-
(A) in paragraph (6)—
shall seek opportunities to support the retary determines that the interests of the
(i) in subparagraph (B), by striking ‘‘and’’
transportation planning processes under sec- Federal-aid highway program would be best
served by decreasing or eliminating the non- at the end;
tions 134 and 135 of title 23, United States (ii) in subparagraph (C), by striking the pe-
Code, through the provision of data to States Federal share.
(e) STATE FLEXIBILITY.—A State or metro- riod at the end and inserting ‘‘; and’’; and
and metropolitan planning organizations to (iii) by adding at the end the following:
politan planning organization, with the ap-
improve the quality of plans, models, and ‘‘(D) to calculate annually the average
proval of the Secretary, may opt out of the
forecasts described in this subsection. time taken by the lead agency to complete
requirements of this section if the State or
(3) EVALUATION TOOL.—The Secretary shall all environmental documents for each
metropolitan planning organization dem-
develop a publicly available multimodal
onstrates to the Secretary, by not later than project during the previous fiscal year.’’; and
web-based tool for the purpose of enabling
30 days before the Secretary apportions (B) by adding at the end the following:
States and metropolitan planning organiza- funds for a fiscal year under section 104, that ‘‘(7) PROCESS IMPROVEMENTS FOR
tions to evaluate the effect of investments in the State or metropolitan planning organiza- PROJECTS.—
highway and public transportation projects tion— ‘‘(A) IN GENERAL.—The Secretary shall re-
on the use and conditions of all transpor- (1) has Complete Streets standards and view—
tation assets within the State or area served policies in place; and ‘‘(i) existing practices, procedures, rules,
by the metropolitan planning organization, (2) has developed an up-to-date Complete regulations, and applicable laws to identify
as applicable. Streets prioritization plan as described in impediments to meeting the requirements
SEC. 11206. INCREASING SAFE AND ACCESSIBLE subsection (c)(2).
TRANSPORTATION OPTIONS. applicable to projects under this section; and
Subtitle C—Project Delivery and Process ‘‘(ii) best practices, programmatic agree-
(a) DEFINITION OF COMPLETE STREETS
Improvement ments, and potential changes to internal de-
STANDARDS OR POLICIES.—In this section, the
term ‘‘Complete Streets standards or poli- SEC. 11301. CODIFICATION OF ONE FEDERAL DE- partmental procedures that would facilitate
CISION. an efficient environmental review process for
cies’’ means standards or policies that en-
sure the safe and adequate accommodation (a) IN GENERAL.—Section 139 of title 23, projects.
of all users of the transportation system, in- United States Code, is amended— ‘‘(B) CONSULTATION.—In conducting the re-
cluding pedestrians, bicyclists, public trans- (1) in the section heading, by striking ‘‘de- view under subparagraph (A), the Secretary
portation users, children, older individuals, cisionmaking’’ and inserting ‘‘decision- shall consult, as appropriate, with the heads
individuals with disabilities, motorists, and making and One Federal Decision’’; of other Federal agencies that participate in
freight vehicles. (2) in subsection (a)— the environmental review process.
(b) FUNDING REQUIREMENT.—Notwith- (A) by redesignating paragraphs (2) ‘‘(C) REPORT.—Not later than 2 years after
standing any other provision of law, each through (8) as paragraphs (4), (5), (6), (8), (9), the date of enactment of the Surface Trans-
State and metropolitan planning organiza- (10), and (11), respectively; portation Reauthorization Act of 2021, the
tion shall use to carry out 1 or more activi- (B) by inserting after paragraph (1) the fol- Secretary shall submit to the Committee on
ties described in subsection (c)— lowing: Environment and Public Works of the Senate
(1) in the case of a State, not less than 2.5 ‘‘(2) AUTHORIZATION.—The term ‘authoriza- and the Committee on Transportation and
percent of the amounts made available to tion’ means any environmental license, per-
Infrastructure of the House of Representa-
the State to carry out section 505 of title 23, mit, approval, finding, or other administra-
tives a report that includes—
United States Code; and tive decision related to the environmental
‘‘(i) the results of the review under sub-
(2) in the case of a metropolitan planning review process that is required under Federal
paragraph (A); and
organization, not less than 2.5 percent of the law to site, construct, or reconstruct a
‘‘(ii) an analysis of whether additional
amounts made available to the metropolitan project.
funding would help the Secretary meet the
planning organization under section 104(d) of ‘‘(3) ENVIRONMENTAL DOCUMENT.—The term
‘environmental document’ includes an envi- requirements applicable to projects under
title 23, United States Code. this section.’’;
(c) ACTIVITIES DESCRIBED.—An activity re- ronmental assessment, finding of no signifi-
cant impact, notice of intent, environmental (5) in subsection (d)—
ferred to in subsection (b) is an activity to
impact statement, or record of decision (A) in paragraph (8)—
increase safe and accessible options for mul-
tiple travel modes for people of all ages and under the National Environmental Policy (i) in the paragraph heading, by striking
abilities, which, if permissible under applica- Act of 1969 (42 U.S.C. 4321 et seq.).’’; ‘‘NEPA’’ and inserting ‘‘ENVIRONMENTAL’’;
ble State and local laws, may include— (C) in subparagraph (B) of paragraph (5) (as (ii) in subparagraph (A)—
(1) adoption of Complete Streets standards so redesignated), by striking ‘‘process for (I) by inserting ‘‘and except as provided in
or policies; and completion of any environmental per- subparagraph (D)’’ after ‘‘paragraph (7)’’;
(2) development of a Complete Streets mit’’ and inserting ‘‘process and schedule, in- (II) by striking ‘‘permits’’ and inserting
prioritization plan that identifies a specific cluding a timetable for and completion of ‘‘authorizations’’; and
list of Complete Streets projects to improve any environmental permit’’; and (III) by striking ‘‘single environment docu-
the safety, mobility, or accessibility of a (D) by inserting after paragraph (6) (as so ment’’ and inserting ‘‘single environmental
street; redesignated) the following: document for each kind of environmental
(3) development of transportation plans— ‘‘(7) MAJOR PROJECT.— document’’;
(A) to create a network of active transpor- ‘‘(A) IN GENERAL.—The term ‘major (iii) in subparagraph (B)(i)—
tation facilities, including sidewalks, bike- project’ means a project for which— (I) by striking ‘‘an environmental docu-
ways, or pedestrian and bicycle trails, to ‘‘(i) multiple permits, approvals, reviews, ment’’ and inserting ‘‘environmental docu-
connect neighborhoods with destinations or studies are required under a Federal law ments’’; and
such as workplaces, schools, residences, busi- other than the National Environmental Pol- (II) by striking ‘‘permits issued’’ and in-
nesses, recreation areas, healthcare and icy Act of 1969 (42 U.S.C. 4321 et seq.); serting ‘‘authorizations’’; and
child care services, or other community ac- ‘‘(ii) the project sponsor has identified the (iv) by adding at the end the following:
tivity centers; reasonable availability of funds sufficient to ‘‘(D) EXCEPTIONS.—The lead agency may
(B) to integrate active transportation fa- complete the project; waive the application of subparagraph (A)
cilities with public transportation service or ‘‘(iii) the project is not a covered project with respect to a project if—
improve access to public transportation; (as defined in section 41001 of the FAST Act ‘‘(i) the project sponsor requests that agen-
(C) to create multiuse active transpor- (42 U.S.C. 4370m)); and cies issue separate environmental docu-
tation infrastructure facilities, including ‘‘(iv)(I) the head of the lead agency has de- ments;
dlhill on DSK120RN23PROD with SENATE
bikeways or pedestrian and bicycle trails, termined that an environmental impact ‘‘(ii) the obligations of a cooperating agen-
that make connections within or between statement is required; or cy or participating agency under the Na-
communities; ‘‘(II) the head of the lead agency has deter- tional Environmental Policy Act of 1969 (42
(D) to increase public transportation rider- mined that an environmental assessment is U.S.C. 4321 et seq.) have already been satis-
ship; and required, and the project sponsor requests fied with respect to the project; or
(E) to improve the safety of bicyclists and that the project be treated as a major ‘‘(iii) the lead agency determines that reli-
pedestrians; project. ance on a single environmental document (as
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August 1, 2021 CONGRESSIONAL RECORD — SENATE S5283
described in subparagraph (A)) would not fa- ‘‘(i) the cooperating Federal agency shall ‘‘(A) IN GENERAL.—Not later than 1 year
cilitate timely completion of the environ- submit to the Secretary a report that de- after the date on which the Secretary pro-
mental review process for the project.’’; and scribes the reasons why the deadline was not vides a list under paragraph (1)(C), an agency
(B) by adding at the end the following: met; and described in paragraph (2) shall publish a no-
‘‘(10) TIMELY AUTHORIZATIONS FOR MAJOR ‘‘(ii) the Secretary shall— tice of proposed rulemaking to propose any
PROJECTS.— ‘‘(I) transmit to the Committee on Envi- categorical exclusions from the list applica-
‘‘(A) DEADLINE.—Except as provided in sub- ronment and Public Works of the Senate and ble to the agency, subject to the condition
paragraph (C), all authorization decisions the Committee on Transportation and Infra- that the categorical exclusion identified
necessary for the construction of a major structure of the House of Representatives a under paragraph (1)(A) meets the criteria for
project shall be completed by not later than copy of the report under clause (i); and a categorical exclusion under section 1508.1
90 days after the date of the issuance of a ‘‘(II) make the report under clause (i) pub- of title 40, Code of Federal Regulations (or
record of decision for the major project. licly available on the internet.’’; successor regulations).
‘‘(B) DETAIL.—The final environmental im- (7) in subsection (n), by adding at the end ‘‘(B) PUBLIC COMMENT.—In a notice of pro-
pact statement for a major project shall in- the following: posed rulemaking under subparagraph (A),
clude an adequate level of detail to inform ‘‘(3) LENGTH OF ENVIRONMENTAL DOCU- the applicable agency may solicit comments
decisions necessary for the role of the par- MENT.— on whether any of the proposed new categor-
ticipating agencies and cooperating agencies ‘‘(A) IN GENERAL.—Notwithstanding any ical exclusions meet the criteria for a cat-
in the environmental review process. other provision of law and except as provided egorical exclusion under section 1508.1 of
‘‘(C) EXTENSION OF DEADLINE.—The head of in subparagraph (B), to the maximum extent title 40, Code of Federal Regulations (or suc-
the lead agency may extend the deadline practicable, the text of the items described cessor regulations).’’.
under subparagraph (A) if— in paragraphs (4) through (6) of section (b) CLERICAL AMENDMENT.—The analysis
‘‘(i) Federal law prohibits the lead agency 1502.10(a) of title 40, Code of Federal Regula- for chapter 1 of title 23, United States Code,
or another agency from issuing an approval tions (or successor regulations), of an envi- is amended by striking the item relating to
or permit within the period described in that ronmental impact statement for a project section 139 and inserting the following:
subparagraph; shall be 200 pages or fewer. ‘‘139. Efficient environmental reviews for
‘‘(ii) the project sponsor requests that the ‘‘(B) EXEMPTION.—An environmental im- project decisionmaking and One
permit or approval follow a different pact statement for a project may exceed 200 Federal Decision.’’.
timeline; or pages, if the lead agency establishes a new SEC. 11302. WORK ZONE PROCESS REVIEWS.
‘‘(iii) an extension would facilitate comple- page limit for the environmental impact The Secretary shall amend section
tion of the environmental review and author- statement for that project.’’; and 630.1008(e) of title 23, Code of Federal Regula-
ization process of the major project.’’; (8) by adding at the end the following: tions, to ensure that the work zone process
(6) in subsection (g)(1)— ‘‘(p) ACCOUNTABILITY AND REPORTING FOR review under that subsection is required not
(A) in subparagraph (B)— MAJOR PROJECTS.— more frequently than once every 5 years.
(i) in clause (ii)(IV), by striking ‘‘schedule ‘‘(1) IN GENERAL.—The Secretary shall es- SEC. 11303.TRANSPORTATION MANAGEMENT
for and cost of’’ and inserting ‘‘time required tablish a performance accountability system PLANS.
by an agency to conduct an environmental to track each major project. (a) IN GENERAL.—The Secretary shall
review and make decisions under applicable ‘‘(2) REQUIREMENTS.—The performance ac- amend section 630.1010(c) of title 23, Code of
Federal law relating to a project (including countability system under paragraph (1) Federal Regulations, to ensure that only a
the issuance or denial of a permit or license) shall, for each major project, track, at a project described in that subsection with a
and the cost of’’; and minimum— lane closure for 3 or more consecutive days
(ii) by adding at the end the following: ‘‘(A) the environmental review process for shall be considered to be a significant
‘‘(iii) MAJOR PROJECT SCHEDULE.—To the the major project, including the project project for purposes of that section.
maximum extent practicable and consistent schedule; (b) NON-INTERSTATE PROJECTS.—Notwith-
with applicable Federal law, in the case of a ‘‘(B) whether the lead agency, cooperating standing any other provision of law, a State
major project, the lead agency shall develop, agencies, and participating agencies are shall not be required to develop or imple-
in concurrence with the project sponsor, a meeting the schedule established for the en- ment a transportation management plan (as
schedule for the major project that is con- vironmental review process; and described in section 630.1012 of title 23, Code
sistent with an agency average of not more ‘‘(C) the time taken to complete the envi- of Federal Regulations (or successor regula-
than 2 years for the completion of the envi- ronmental review process. tions)) for a highway project not on the
ronmental review process for major projects, ‘‘(q) DEVELOPMENT OF CATEGORICAL EXCLU- Interstate System if the project requires not
as measured from, as applicable— SIONS.— more than 3 consecutive days of lane clo-
‘‘(I) the date of publication of a notice of ‘‘(1) IN GENERAL.—Not later than 60 days sures.
intent to prepare an environmental impact after the date of enactment of this sub- SEC. 11304. INTELLIGENT TRANSPORTATION SYS-
statement to the record of decision; or section, and every 4 years thereafter, the TEMS.
‘‘(II) the date on which the head of the lead Secretary shall— (a) IN GENERAL.—The Secretary shall de-
agency determines that an environmental ‘‘(A) in consultation with the agencies de- velop guidance for using existing flexibilities
assessment is required to a finding of no sig- scribed in paragraph (2), identify the cat- with respect to the systems engineering
nificant impact.’’; egorical exclusions described in section analysis described in part 940 of title 23, Code
(B) by striking subparagraph (D) and in- 771.117 of title 23, Code of Federal Regula- of Federal Regulations (or successor regula-
serting the following: tions (or successor regulations), that would tions).
‘‘(D) MODIFICATION.— accelerate delivery of a project if those cat- (b) IMPLEMENTATION.—The Secretary shall
‘‘(i) IN GENERAL.—Except as provided in egorical exclusions were available to those ensure that any guidance developed under
clause (ii), the lead agency may lengthen or agencies; subsection (a)—
shorten a schedule established under sub- ‘‘(B) collect existing documentation and (1) clearly identifies criteria for low-risk
paragraph (B) for good cause. substantiating information on the categor- and exempt intelligent transportation sys-
‘‘(ii) EXCEPTIONS.— ical exclusions described in subparagraph tems projects, with a goal of minimizing un-
‘‘(I) MAJOR PROJECTS.—In the case of a (A); and necessary delay or paperwork burden;
major project, the lead agency may lengthen ‘‘(C) provide to each agency described in (2) is consistently implemented by the De-
a schedule under clause (i) for a cooperating paragraph (2)— partment nationwide; and
Federal agency by not more than 1 year after ‘‘(i) a list of the categorical exclusions (3) is disseminated to Federal-aid recipi-
the latest deadline established for the major identified under subparagraph (A); and ents.
project by the lead agency. ‘‘(ii) the documentation and substantiating (c) SAVINGS PROVISION.—Nothing in this
‘‘(II) SHORTENED SCHEDULES.—The lead information under subparagraph (B). section prevents the Secretary from amend-
agency may not shorten a schedule under ‘‘(2) AGENCIES DESCRIBED.—The agencies re- ing part 940 of title 23, Code of Federal Regu-
clause (i) if doing so would impair the ability ferred to in paragraph (1) are— lations (or successor regulations), to reduce
of a cooperating Federal agency to conduct ‘‘(A) the Department of the Interior; State administrative burdens.
necessary analyses or otherwise carry out ‘‘(B) the Department of the Army; SEC. 11305. ALTERNATIVE CONTRACTING METH-
relevant obligations of the Federal agency ‘‘(C) the Department of Commerce; ODS.
for the project.’’; ‘‘(D) the Department of Agriculture; (a) ALTERNATIVE CONTRACTING METHODS
(C) by redesignating subparagraph (E) as ‘‘(E) the Department of Energy; FOR FEDERAL LAND MANAGEMENT AGENCIES
dlhill on DSK120RN23PROD with SENATE
subparagraph (F); and ‘‘(F) the Department of Defense; and AND TRIBAL GOVERNMENTS.—Section 201 of
(D) by inserting after subparagraph (D) the ‘‘(G) any other Federal agency that has title 23, United States Code, is amended by
following: participated in an environmental review adding at the end the following:
‘‘(E) FAILURE TO MEET DEADLINE.—If a co- process for a project, as determined by the ‘‘(f) ALTERNATIVE CONTRACTING METHODS.—
operating Federal agency fails to meet a Secretary. ‘‘(1) IN GENERAL.—Notwithstanding any
deadline established under subparagraph ‘‘(3) ADOPTION OF CATEGORICAL EXCLU- other provision of law (including the Federal
(D)(ii)(I)— SIONS.— Acquisition Regulation), a contracting
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S5284 CONGRESSIONAL RECORD — SENATE August 1, 2021
method available to a State under this title (2) in subsection (b)(2)(A), by inserting (d) INCLUSION OF NON-STANDARD TERMS.—
may be used by the Secretary, on behalf of— ‘‘(including regulations)’’ after ‘‘environ- Nothing in this section precludes the inclu-
‘‘(A) a Federal land management agency, mental law’’. sion in a Federal-State stewardship and
in using any funds pursuant to section 203, SEC. 11307. IMPROVED FEDERAL-STATE STEW- oversight agreement of non-standard terms
204, or 308; ARDSHIP AND OVERSIGHT AGREE- to address a State-specific matter, including
‘‘(B) a Federal land management agency, MENTS. risk-based stewardship and Department over-
in using any funds pursuant to section 1535 of (a) DEFINITION OF TEMPLATE.—In this sec- sight involvement in individual projects of
title 31 for any of the eligible uses described tion, the term ‘‘template’’ means a template division interest.
in sections 203(a)(1) and 204(a)(1) and para- created by the Secretary for Federal-State (e) COMPLIANCE WITH NON-STATUTORY
graphs (1) and (2) of section 308(a); or stewardship and oversight agreements that— TERMS.—
‘‘(C) a Tribal government, in using funds (1) includes all standard terms found in (1) IN GENERAL.—The Secretary shall not
pursuant to section 202(b)(7)(D). stewardship and oversight agreements, in- enforce or otherwise require a State to com-
‘‘(2) METHODS DESCRIBED.—The contracting cluding any terms in an attachment to the ply with approval requirements that are not
methods referred to in paragraph (1) shall in- agreement; required by Federal law (including regula-
clude, at a minimum— (2) is developed in accordance with section tions) in a Federal-State stewardship and
‘‘(A) project bundling; 106 of title 23, United States Code, or any oversight agreement.
‘‘(B) bridge bundling; other applicable authority; and (2) APPROVAL AUTHORITY.—Notwith-
‘‘(C) design-build contracting; (3) may be developed with consideration of standing any other provision of law, the Sec-
‘‘(D) 2-phase contracting; relevant regulations, guidance, or policies. retary shall not assert approval authority
‘‘(E) long-term concession agreements; and (b) REQUEST FOR COMMENT.—
over any matter in a Federal-State steward-
‘‘(F) any method tested, or that could be (1) IN GENERAL.—Not later than 60 days
ship and oversight agreement reserved to
tested, under an experimental program relat- after the date of enactment of this Act, the
States.
ing to contracting methods carried out by Secretary shall publish in the Federal Reg-
(f) FREQUENCY OF REVIEWS.—Section
the Secretary. ister the template and a notice requesting
106(g)(3) of title 23, United States Code, is
‘‘(3) EFFECT.—Nothing in this subsection— public comment on ways to improve the tem-
amended—
‘‘(A) affects the application of the Federal plate.
(1) by striking ‘‘annual’’;
share for the project carried out with a con- (2) COMMENT PERIOD.—The Secretary shall
(2) by striking ‘‘The Secretary’’ and insert-
tracting method under this subsection; or provide a period of not less than 60 days for
ing the following:
‘‘(B) modifies the point of obligation of public comment on the notice under para-
‘‘(A) IN GENERAL.—The Secretary’’; and
Federal salaries and expenses.’’. graph (1).
(3) by adding at the end the following:
(b) COOPERATION WITH FEDERAL AND STATE (3) CERTAIN ISSUES.—The notice under
‘‘(B) FREQUENCY.—
AGENCIES AND FOREIGN COUNTRIES.—Section paragraph (1) shall allow comment on any
‘‘(i) IN GENERAL.—Except as provided in
308(a) of title 23, United States Code, is aspect of the template and shall specifically
clauses (ii) and (iii), the Secretary shall
amended by adding at the end the following: request public comment on—
carry out a review under subparagraph (A)
‘‘(4) ALTERNATIVE CONTRACTING METHODS.— (A) whether the template should be revised
not less frequently than once every 2 years.
‘‘(A) IN GENERAL.—Notwithstanding any to delete standard terms requiring approval
‘‘(ii) CONSULTATION WITH STATE.—The Sec-
other provision of law (including the Federal by the Secretary of the policies, procedures,
retary, after consultation with a State, may
Acquisition Regulation), in performing serv- processes, or manuals of the States, or other
make a determination to carry out a review
ices under paragraph (1), the Secretary may State actions, if Federal law (including regu-
under subparagraph (A) for that State less
use any contracting method available to a lations) does not specifically require an ap-
frequently than provided under clause (i).
State under this title. proval;
‘‘(iii) CAUSE.—If the Secretary determines
‘‘(B) METHODS DESCRIBED.—The contracting (B) opportunities to modify the template
that there is a specific reason to require a re-
methods referred to in subparagraph (A) to allow adjustments to the review schedules
view more frequently than provided under
shall include, at a minimum— for State practices or actions, including
clause (i) with respect to a State, the Sec-
‘‘(i) project bundling; through risk-based approaches, program re-
retary may carry out a review more fre-
‘‘(ii) bridge bundling; views, process reviews, or other means; and
quently than provided under that clause.’’.
‘‘(iii) design-build contracting; (C) any other matters that the Secretary
SEC. 11308. GEOMATIC DATA.
‘‘(iv) 2-phase contracting; determines to be appropriate.
‘‘(v) long-term concession agreements; and (c) NOTICE OF ACTION; UPDATES.— (a) IN GENERAL.—The Secretary shall de-
‘‘(vi) any method tested, or that could be (1) IN GENERAL.—Not later than 1 year after velop guidance for the acceptance and use of
tested, under an experimental program relat- the date of enactment of this Act, after con- information obtained from a non-Federal en-
ing to contracting methods carried out by sidering the comments received in response tity through geomatic techniques, including
the Secretary.’’. to the Federal Register notice under sub- remote sensing and land surveying, cartog-
(c) USE OF ALTERNATIVE CONTRACTING section (b), the Secretary shall publish in the raphy, geographic information systems,
METHODS.—In carrying out an alternative Federal Register a notice that— global navigation satellite systems, photo-
contracting method under section 201(f) or (A) describes any proposed changes to be grammetry, or other remote means.
308(a)(4) of title 23, United States Code, the made, and any alternatives to such changes, (b) CONSIDERATIONS.—In carrying out this
Secretary shall— to the template; section, the Secretary shall ensure that ac-
(1) in consultation with the applicable Fed- (B) addresses comments in response to ceptance or use of information described in
eral land management agencies, establish which changes were not made to the tem- subsection (a) meets the data quality and
clear procedures that are— plate; and operational requirements of the Secretary.
(A) applicable to the alternative con- (C) prescribes a schedule and a plan to exe- (c) PUBLIC COMMENT.—Before issuing any
tracting method; and cute a process for implementing the changes final guidance under subsection (a), the Sec-
(B) to the maximum extent practicable, referred to in subparagraph (A). retary shall provide to the public—
consistent with the requirements applicable (2) APPROVAL REQUIREMENTS.—In address- (1) notice of the proposed guidance; and
to Federal procurement transactions; ing comments under paragraph (1)(B), the (2) an opportunity to comment on the pro-
(2) solicit input on the use of the alter- Secretary shall include an explanation of the posed guidance.
native contracting method from the affected basis for retaining any requirement for ap- (d) SAVINGS CLAUSE.—Nothing in this sec-
industry prior to using the method; and proval of State policies, procedures, proc- tion—
(3) analyze and prepare an evaluation of esses, or manuals, or other State actions, if (1) requires the Secretary to accept or use
the use of the alternative contracting meth- Federal law (including regulations) does not information that the Secretary determines
od. specifically require the approval. does not meet the guidance developed under
SEC. 11306. FLEXIBILITY FOR PROJECTS. (3) IMPLEMENTATION.— this section; or
(A) IN GENERAL.—Not later than 60 days (2) changes the current statutory or regu-
Section 1420 of the FAST Act (23 U.S.C. 101
note; Public Law 114–94) is amended— after the date on which the notice under latory requirements of the Department.
(1) in subsection (a), by striking ‘‘and on paragraph (1) is published, the Secretary SEC. 11309. EVALUATION OF PROJECTS WITHIN
AN OPERATIONAL RIGHT-OF-WAY.
request by a State, the Secretary may’’ in shall make changes to the template in ac-
the matter preceding paragraph (1) and all cordance with— (a) IN GENERAL.—Chapter 3 of title 23,
that follows through the period at the end of (i) the changes described in the notice United States Code, is amended by adding at
paragraph (2) and inserting the following: ‘‘, under paragraph (1)(A); and the end the following:
on request by a State, and if in the public in- (ii) the schedule and plan described in the ‘‘§ 331. Evaluation of projects within an oper-
dlhill on DSK120RN23PROD with SENATE
terest (as determined by the Secretary), the notice under paragraph (1)(C). ational right-of-way
Secretary shall exercise all existing flexibili- (B) UPDATES.—Not later than 1 year after ‘‘(a) DEFINITIONS.—
ties under— the date on which the revised template under ‘‘(1) ELIGIBLE PROJECT OR ACTIVITY.—
‘‘(1) the requirements of title 23, United subparagraph (A) is published, the Secretary ‘‘(A) IN GENERAL.—In this section, the term
States Code; and shall update existing agreements with States ‘eligible project or activity’ means a project
‘‘(2) other requirements administered by according to the template updated under or activity within an existing operational
the Secretary, in whole or in part.’’; and subparagraph (A). right-of-way (as defined in section
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August 1, 2021 CONGRESSIONAL RECORD — SENATE S5285
771.117(c)(22) of title 23, Code of Federal Reg- ‘‘(b) SAVINGS PROVISION.—Nothing in this Environmental Policy Act of 1969 (42 U.S.C.
ulations (or successor regulations))— section’’. 4321 et seq.); and
‘‘(i)(I) eligible for assistance under this (b) CONFORMING AMENDMENT.—Section ‘‘(C) the use of the categorical exclusion
title; or 144(j) of title 23, United States Code, is does not otherwise conflict with the imple-
‘‘(II) administered as if made available amended by striking paragraph (6). menting regulations of the project sponsor,
under this title; SEC. 11311. EFFICIENT IMPLEMENTATION OF except any list of the project sponsor that
‘‘(ii) that is— NEPA FOR FEDERAL LAND MANAGE- designates categorical exclusions.
MENT PROJECTS.
‘‘(I) a preventive maintenance, preserva- ‘‘(5) MITIGATION COMMITMENTS.—The Sec-
tion, or highway safety improvement project Section 203 of title 23, United States Code, retary shall assist the Federal land manage-
(as defined in section 148(a)); or is amended by adding at the end the fol- ment agency with all design and mitigation
lowing:
‘‘(II) a new turn lane that the State advises commitments made jointly by the Secretary
‘‘(e) EFFICIENT IMPLEMENTATION OF
in writing to the Secretary would assist pub- NEPA.— and the project sponsor in any environ-
lic safety; and ‘‘(1) DEFINITIONS.—In this subsection: mental document prepared by the Secretary
‘‘(iii) that— ‘‘(A) ENVIRONMENTAL DOCUMENT.—The term in accordance with this subsection.’’.
‘‘(I) is classified as a categorical exclusion ‘environmental document’ means an envi- SEC. 11312. NATIONAL ENVIRONMENTAL POLICY
under section 771.117 of title 23, Code of Fed- ronmental impact statement, environmental ACT OF 1969 REPORTING PROGRAM.
eral Regulations (or successor regulations); assessment, categorical exclusion, or other (a) IN GENERAL.—Chapter 1 of title 23,
or document prepared under the National Envi- United States Code, is amended by inserting
‘‘(II) if the project or activity does not re- ronmental Policy Act of 1969 (42 U.S.C. 4321 after section 156 the following:
ceive assistance described in clause (i) would et seq.).
be considered a categorical exclusion if the ‘‘§ 157. National Environmental Policy Act of
‘‘(B) PROJECT.—The term ‘project’ means a 1969 reporting program
project or activity received assistance de- highway project, public transportation cap-
scribed in clause (i). ital project, or multimodal project that— ‘‘(a) DEFINITIONS.—In this section:
‘‘(B) EXCLUSION.—The term ‘eligible ‘‘(i) receives funds under this title; and ‘‘(1) CATEGORICAL EXCLUSION.—The term
project or activity’ does not include a ‘‘(ii) is authorized under this section or ‘categorical exclusion’ has the meaning
project to create a new travel lane. section 204. given the term in section 771.117(c) of title
‘‘(2) PRELIMINARY EVALUATION.—The term ‘‘(C) PROJECT SPONSOR.—The term ‘project 23, Code of Federal Regulations (or a suc-
‘preliminary evaluation’, with respect to an sponsor’ means the Federal land manage- cessor regulation).
application described in subsection (b)(1), ment agency that seeks or receives funds ‘‘(2) DOCUMENTED CATEGORICAL EXCLU-
means an evaluation that is customary or under this title for a project. SION.—The term ‘documented categorical ex-
practicable for the relevant agency to com- ‘‘(2) ENVIRONMENTAL REVIEW TO BE COM- clusion’ has the meaning given the term in
plete within a 45-day period for similar appli- PLETED BY FEDERAL HIGHWAY ADMINISTRA- section 771.117(d) of title 23, Code of Federal
cations. TION.—The Federal Highway Administration Regulations (or a successor regulation).
‘‘(3) RELEVANT AGENCY.—The term ‘rel- may prepare an environmental document ‘‘(3) ENVIRONMENTAL ASSESSMENT.—The
evant agency’ means a Federal agency, other pursuant to the implementing procedures of term ‘environmental assessment’ has the
than the Federal Highway Administration, the Federal Highway Administration to com- meaning given the term in section 1508.1 of
with responsibility for review of an applica- ply with the requirements of the National title 40, Code of Federal Regulations (or a
tion from a State for a permit, approval, or Environmental Policy Act of 1969 (42 U.S.C. successor regulation).
jurisdictional determination for an eligible 4321 et seq.) if— ‘‘(4) ENVIRONMENTAL IMPACT STATEMENT.—
project or activity. ‘‘(A) requested by a project sponsor; and The term ‘environmental impact statement’
‘‘(b) ACTION REQUIRED.— ‘‘(B) all areas of analysis required by the means a detailed statement required under
‘‘(1) IN GENERAL.—Subject to paragraph (2), project sponsor can be addressed. section 102(2)(C) of the National Environ-
not later than 45 days after the date of re- ‘‘(3) FEDERAL LAND MANAGEMENT AGENCIES mental Policy Act of 1969 (42 U.S.C.
ceipt of an application by a State for a per- ADOPTION OF EXISTING ENVIRONMENTAL REVIEW 4332(2)(C)).
mit, approval, or jurisdictional determina- DOCUMENTS.— ‘‘(5) FEDERAL AGENCY.—The term ‘Federal
tion for an eligible project or activity, the ‘‘(A) IN GENERAL.—To the maximum extent agency’ includes a State that has assumed
head of the relevant agency shall— practicable, if the Federal Highway Adminis- responsibility under section 327.
‘‘(A) make at least a preliminary evalua- tration prepares an environmental document ‘‘(6) NEPA PROCESS.—The term ‘NEPA
tion of the application; and pursuant to paragraph (2), that environ- process’ means the entirety of the develop-
‘‘(B) notify the State of the results of the mental document shall address all areas of ment and documentation of the analysis re-
preliminary evaluation under subparagraph analysis required by a Federal land manage- quired under the National Environmental
(A). ment agency. Policy Act of 1969 (42 U.S.C. 4321 et seq.), in-
‘‘(2) EXTENSION.—The head of the relevant ‘‘(B) INDEPENDENT EVALUATION.—Notwith- cluding the assessment and analysis of any
agency may extend the review period under standing any other provision of law, a Fed- impacts, alternatives, and mitigation of a
paragraph (1) by not more than 30 days if the eral land management agency shall not be proposed action, and any interagency par-
head of the relevant agency provides to the required to conduct an independent evalua- ticipation and public involvement required
State written notice that includes an expla- tion to determine the adequacy of an envi- to be carried out before the Secretary under-
nation of the need for the extension. ronmental document prepared by the Federal takes a proposed action.
‘‘(3) FAILURE TO ACT.—If the head of the Highway Administration pursuant to para- ‘‘(7) PROPOSED ACTION.—The term ‘proposed
relevant agency fails to meet a deadline graph (2). action’ means an action (within the meaning
under paragraph (1) or (2), as applicable, the ‘‘(C) USE OF SAME DOCUMENT.—In author- of the National Environmental Policy Act of
head of the relevant agency shall— izing or implementing a project, a Federal 1969 (42 U.S.C. 4321 et seq.)) under this title
‘‘(A) not later than 30 days after the date land management agency may use an envi- that the Secretary proposes to carry out.
of the missed deadline, submit to the State, ronmental document previously prepared by ‘‘(8) REPORTING PERIOD.—The term ‘report-
the Committee on Environment and Public the Federal Highway Administration for a ing period’ means the fiscal year prior to the
Works of the Senate, and the Committee on project addressing the same or substantially fiscal year in which a report is issued under
Transportation and Infrastructure of the the same action to the same extent that the subsection (b).
House of Representatives a report that de- Federal land management agency could ‘‘(9) SECRETARY.—The term ‘Secretary’ in-
scribes why the deadline was missed; and adopt or use a document previously prepared cludes the governor or head of an applicable
‘‘(B) not later than 14 days after the date by another Federal agency. State agency of a State that has assumed re-
on which a report is submitted under sub- ‘‘(4) APPLICATION BY FEDERAL LAND MAN- sponsibility under section 327.
paragraph (A), make publicly available, in- AGEMENT AGENCIES OF CATEGORICAL EXCLU- ‘‘(b) REPORT ON NEPA DATA.—
cluding on the internet, a copy of that re- SIONS ESTABLISHED BY FEDERAL HIGHWAY AD- ‘‘(1) IN GENERAL.—The Secretary shall
port.’’. MINISTRATION.—In carrying out requirements carry out a process to track, and annually
(b) CLERICAL AMENDMENT.—The analysis under the National Environmental Policy submit to the Committee on Environment
for chapter 3 of title 23, United States Code, Act of 1969 (42 U.S.C. 4321 et seq.) for a and Public Works of the Senate and the
is amended by adding at the end the fol- project, the project sponsor may use categor- Committee on Transportation and Infra-
lowing: ical exclusions designated under that Act in structure of the House of Representatives a
‘‘331. Evaluation of projects within an oper- the implementing regulations of the Federal report containing, the information described
ational right-of-way.’’. Highway Administration, subject to the con- in paragraph (3).
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SEC. 11310. PRELIMINARY ENGINEERING. ditions that— ‘‘(2) TIME TO COMPLETE.—For purposes of
(a) IN GENERAL.—Section 102 of title 23, ‘‘(A) the project sponsor makes a deter- paragraph (3), the NEPA process—
United States Code, is amended— mination, in consultation with the Federal ‘‘(A) for an environmental impact state-
(1) by striking subsection (b); and Highway Administration, that the categor- ment—
(2) in subsection (a), in the second sen- ical exclusion applies to the project; ‘‘(i) begins on the date on which the Notice
tence, by striking ‘‘Nothing in this sub- ‘‘(B) the project satisfies the conditions for of Intent is published in the Federal Reg-
section’’ and inserting the following: a categorical exclusion under the National ister; and
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S5286 CONGRESSIONAL RECORD — SENATE August 1, 2021
‘‘(ii) ends on the date on which the Sec- (A) in subparagraph (B), by striking ‘‘and’’ ‘‘(2) LIMITATION.—Federal funds shall not
retary issues a record of decision, including, at the end; be used to reimburse a State under this sec-
if necessary, a revised record of decision; and (B) in subparagraph (C), by striking ‘‘an- tion if the payment to the utility—
‘‘(B) for an environmental assessment— nual’’; ‘‘(A) violates the law of the State; or
‘‘(i) begins on the date on which the Sec- (C) by redesignating subparagraph (C) as ‘‘(B) violates a legal contract between the
retary makes a determination to prepare an subparagraph (D); and utility and the State.
environmental assessment; and (D) by inserting after subparagraph (B) the ‘‘(3) REQUIREMENT.—A reimbursement
‘‘(ii) ends on the date on which the Sec- following: under paragraph (1) shall be made only if the
retary issues a finding of no significant im- ‘‘(C) in the case of an agreement period of State demonstrates to the satisfaction of the
pact or determines that preparation of an en- greater than 5 years pursuant to subsection Secretary that the State paid the cost of the
vironmental impact statement is necessary. (c)(7), conduct an audit covering the first 5 utility relocation activity from funds of the
‘‘(3) INFORMATION DESCRIBED.—The infor- years of the agreement period; and’’; and State with respect to transportation projects
mation referred to in paragraph (1) is, with (4) by adding at the end the following: for which Federal funds are obligated subse-
respect to the Department of Transpor- ‘‘(m) AGENCY DEEMED TO BE FEDERAL quent to April 16, 1958, for work, including
tation— AGENCY.—A State agency that is assigned a utility relocation activities.
‘‘(A) the number of proposed actions for responsibility under an agreement under this ‘‘(4) REIMBURSEMENT ELIGIBILITY FOR EARLY
which a categorical exclusion was issued dur- section shall be deemed to be an agency for RELOCATION PRIOR TO TRANSPORTATION
ing the reporting period; the purposes of section 2412 of title 28.’’. PROJECT ENVIRONMENTAL REVIEW PROCESS.—
‘‘(B) the number of proposed actions for ‘‘(A) IN GENERAL.—In addition to the re-
SEC. 11314. STATE ASSUMPTION OF RESPONSI-
which a documented categorical exclusion quirements under paragraphs (1) through (3),
BILITY FOR CATEGORICAL EXCLU-
was issued by the Department of Transpor- SIONS. a State may carry out, at the expense of the
tation during the reporting period; State, an early utility relocation project for
Section 326(c)(3) of title 23, United States a transportation project before completion
‘‘(C) the number of proposed actions pend- Code, is amended—
ing on the date on which the report is sub- of the environmental review process for the
(1) by striking subparagraph (A) and in- transportation project.
mitted for which the issuance of a docu- serting the following:
mented categorical exclusion by the Depart- ‘‘(B) REQUIREMENTS FOR REIMBURSEMENT.—
‘‘(A) except as provided under subpara- Funds apportioned to a State under this title
ment of Transportation is pending; graph (C), shall have a term of not more than
‘‘(D) the number of proposed actions for may be used to pay the costs incurred by the
3 years;’’; State for an early utility relocation project
which an environmental assessment was (2) in subparagraph (B), by striking the pe-
issued by the Department of Transportation only if the State demonstrates to the Sec-
riod at the end and inserting ‘‘; and’’; and retary, and the Secretary finds that—
during the reporting period; (3) by adding at the end the following:
‘‘(E) the length of time the Department of ‘‘(i) the early utility relocation project is
‘‘(C) shall have a term of 5 years, in the necessary to accommodate a transportation
Transportation took to complete each envi- case of a State that has assumed the respon-
ronmental assessment described in subpara- project;
sibility for categorical exclusions under this ‘‘(ii) the State provides adequate docu-
graph (D); section for not fewer than 10 years.’’. mentation to the Secretary of eligible costs
‘‘(F) the number of proposed actions pend-
SEC. 11315. EARLY UTILITY RELOCATION PRIOR incurred by the State for the early utility re-
ing on the date on which the report is sub- TO TRANSPORTATION PROJECT EN- location project;
mitted for which an environmental assess- VIRONMENTAL REVIEW. ‘‘(iii) before the commencement of the util-
ment is being drafted by the Department of
Section 123 of title 23, United States Code, ity relocation activities, an environmental
Transportation;
is amended to read as follows: review process was completed for the early
‘‘(G) the number of proposed actions for
‘‘§ 123. Relocation of utility facilities utility relocation project that resulted in a
which an environmental impact statement
finding that the early utility relocation
was completed by the Department of Trans- ‘‘(a) DEFINITIONS.—In this section: project—
portation during the reporting period; ‘‘(1) COST OF RELOCATION.—The term ‘cost ‘‘(I) would not result in significant adverse
‘‘(H) the length of time that the Depart- of relocation’ includes the entire amount environmental impacts; and
ment of Transportation took to complete paid by a utility properly attributable to the ‘‘(II) would comply with other applicable
each environmental impact statement de- relocation of a utility facility, minus any in- Federal environmental requirements;
scribed in subparagraph (G); crease in the value of the new facility and ‘‘(iv) the early utility relocation project
‘‘(I) the number of proposed actions pend- any salvage value derived from the old facil- did not influence—
ing on the date on which the report is sub- ity. ‘‘(I) the environmental review process for
mitted for which an environmental impact ‘‘(2) EARLY UTILITY RELOCATION PROJECT.— the transportation project;
statement is being drafted; and The term ‘early utility relocation project’ ‘‘(II) the decision relating to the need to
‘‘(J) for the proposed actions reported means utility relocation activities identified construct the transportation project; or
under subparagraphs (F) and (I), the percent- by the State for performance before comple- ‘‘(III) the selection of the transportation
age of those proposed actions for which— tion of the environmental review process for project design or location;
‘‘(i) funding has been identified; and the transportation project. ‘‘(v) the early utility relocation project
‘‘(ii) all other Federal, State, and local ac- ‘‘(3) ENVIRONMENTAL REVIEW PROCESS.—The complies with all applicable provisions of
tivities that are required to allow the pro- term ‘environmental review process’ has the law, including regulations issued pursuant to
posed action to proceed are completed.’’. meaning given the term in section 139(a). this title;
(b) CLERICAL AMENDMENT.—The analysis ‘‘(4) TRANSPORTATION PROJECT.—The term ‘‘(vi) the early utility relocation project
for chapter 1 of title 23, United States Code, ‘transportation project’ means a project. follows applicable financial procedures and
is amended by inserting after the item relat- ‘‘(5) UTILITY FACILITY.—The term ‘utility requirements, including documentation of
ing to section 156 the following: facility’ means any privately, publicly, or eligible costs and the requirements under
‘‘157. National Environmental Policy Act of cooperatively owned line, facility, or system section 109(l), but not including require-
1969 reporting program.’’. for producing, transmitting, or distributing ments applicable to authorization and obli-
SEC. 11313. SURFACE TRANSPORTATION communications, power, electricity, light, gation of Federal funds;
PROJECT DELIVERY PROGRAM heat, gas, oil, crude products, water, steam, ‘‘(vii) the transportation project for which
WRITTEN AGREEMENTS. waste, stormwater not connected with high- the early utility relocation project was ne-
Section 327 of title 23, United States Code, way drainage, or any other similar com- cessitated was included in the applicable
is amended— modity, including any fire or police signal transportation improvement program under
(1) in subsection (a)(2)(G), by inserting ‘‘, system or street lighting system, that di- section 134 or 135;
including the payment of fees awarded under rectly or indirectly serves the public. ‘‘(viii) before the cost incurred by a State
section 2412 of title 28’’ before the period at ‘‘(6) UTILITY RELOCATION ACTIVITY.—The is approved for Federal participation, envi-
the end; term ‘utility relocation activity’ means an ronmental compliance pursuant to the Na-
(2) in subsection (c)— activity necessary for the relocation of a tional Environmental Policy Act of 1969 (42
(A) by striking paragraph (5) and inserting utility facility, including preliminary and U.S.C. 4321 et seq.) has been completed for
the following: final design, surveys, real property acquisi- the transportation project for which the
‘‘(5) except as provided under paragraph (7), tion, materials acquisition, and construc- early utility relocation project was neces-
have a term of not more than 5 years;’’; tion. sitated; and
(B) in paragraph (6), by striking the period ‘‘(b) REIMBURSEMENT TO STATES.— ‘‘(ix) the transportation project that neces-
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at the end and inserting ‘‘; and’’; and ‘‘(1) IN GENERAL.—If a State pays for the sitated the utility relocation activity is ap-
(C) by adding at the end the following: cost of relocation of a utility facility neces- proved for construction.
‘‘(7) for any State that has participated in sitated by the construction of a transpor- ‘‘(C) SAVINGS PROVISION.—Nothing in this
a program under this section (or under a tation project, Federal funds may be used to paragraph affects other eligibility require-
predecessor program) for at least 10 years, reimburse the State for the cost of reloca- ments or authorities for Federal participa-
have a term of 10 years.’’; tion in the same proportion as Federal funds tion in payment of costs incurred for utility
(3) in subsection (g)(1)— are expended on the transportation project. relocation activities.
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August 1, 2021 CONGRESSIONAL RECORD — SENATE S5287
‘‘(c) APPLICABILITY OF OTHER PROVISIONS.— (iv) a wilderness study area within the Na- (A) to which the National Environmental
Nothing in this section affects the applica- tional Forest System; or Policy Act of 1969 (42 U.S.C. 4321 et seq.) ap-
bility of other requirements that would oth- (v) Indian land. plies; and
erwise apply to an early utility relocation (2) GATHERING LINE AND ASSOCIATED FIELD (B) for which the Indian Tribe with juris-
project, including any applicable require- COMPRESSION OR PUMPING UNIT.— diction over the Indian land submits to the
ments under— (A) IN GENERAL.—The term ‘‘gathering line Secretary a written request that paragraph
‘‘(1) section 138; and associated field compression or pumping (1) apply to that Indian land (or portion of
‘‘(2) the Uniform Relocation Assistance unit’’ means— Indian land).
and Real Property Acquisition Policies Act (i) a pipeline that is installed to transport (c) EFFECT ON OTHER LAW.—Nothing in this
of 1970 (42 U.S.C. 4601 et seq.), including regu- oil, natural gas and related constituents, or section—
lations under part 24 of title 49, Code of Fed- produced water from 1 or more wells drilled (1) affects or alters any requirement—
eral Regulations (or successor regulations); and completed to produce oil or gas; and (A) relating to prior consent under—
‘‘(3) title VI of the Civil Rights Act of 1964 (ii) if necessary, 1 or more compressors or (i) section 2 of the Act of February 5, 1948
(42 U.S.C. 2000d et seq.); or pumps to raise the pressure of the trans- (62 Stat. 18, chapter 45; 25 U.S.C. 324); or
‘‘(4) an environmental review process.’’. ported oil, natural gas and related constitu- (ii) section 16(e) of the Act of June 18, 1934
SEC. 11316. STREAMLINING OF SECTION 4(F) RE- ents, or produced water to higher pressures (48 Stat. 987, chapter 576; 102 Stat. 2939; 114
VIEWS. necessary to enable the oil, natural gas and Stat. 47; 25 U.S.C. 5123(e)) (commonly known
Section 138(a) of title 23, United States related constituents, or produced water to as the ‘‘Indian Reorganization Act’’);
Code, is amended— flow into pipelines and other facilities. (B) under section 306108 of title 54, United
(1) in the fourth sentence, by striking ‘‘In (B) INCLUSIONS.—The term ‘‘gathering line States Code; or
carrying out’’ and inserting the following: and associated field compression or pumping (C) under any other Federal law (including
‘‘(4) STUDIES.—In carrying out’’; unit’’ includes a pipeline or associated com- regulations) relating to Tribal consent for
(2) in the third sentence— pression or pumping unit that is installed to rights-of-way across Indian land; or
(A) by striking ‘‘such land, and (2) such transport oil or natural gas from a proc- (2) makes the National Environmental Pol-
program’’ and inserting the following: ‘‘the essing plant to a common carrier pipeline or icy Act of 1969 (42 U.S.C. 4321 et seq.) applica-
land; and facility. ble to land to which that Act otherwise
‘‘(B) the program’’; (C) EXCLUSIONS.—The term ‘‘gathering line would not apply.
(B) by striking ‘‘unless (1) there is’’ and in- and associated field compression or pumping
SEC. 11319. ANNUAL REPORT.
serting the following: ‘‘unless— unit’’ does not include a common carrier
‘‘(A) there is’’; and pipeline. (a) DEFINITION OF COVERED PROJECT.—In
(C) by striking ‘‘After the’’ and inserting (3) INDIAN LAND.—The term ‘‘Indian land’’ this section, the term ‘‘covered project’’
the following: means land the title to which is held by— means a project or activity carried out with
‘‘(3) REQUIREMENT.—After the’’; (A) the United States in trust for an Indian funds provided by the Department, including
(3) in the second sentence— Tribe or an individual Indian; or a project carried out under title 23 or 49,
(A) by striking ‘‘The Secretary of Trans- (B) an Indian Tribe or an individual Indian United States Code—
portation’’ and inserting the following: subject to a restriction by the United States (1) that is more than 5 years behind sched-
‘‘(2) COOPERATION AND CONSULTATION.— against alienation. ule; or
‘‘(A) IN GENERAL.—The Secretary’’; and (4) PRODUCED WATER.—The term ‘‘produced (2) for which the total amount spent on the
(B) by adding at the end the following: water’’ means water produced from an oil or project or activity is not less than
‘‘(B) TIMELINE FOR APPROVALS.— gas well bore that is not a fluid prepared at, $1,000,000,000 more than the original cost es-
‘‘(i) IN GENERAL.—The Secretary shall— or transported to, the well site to resolve a timate for the project or activity.
‘‘(I) provide an evaluation under this sec- specific oil or gas well bore or reservoir con- (b) REQUIREMENT.—Not later than 1 year
tion to the Secretaries described in subpara- dition. after the date of enactment of this Act, and
graph (A); and (5) SECRETARY.—The term ‘‘Secretary’’ annually thereafter, the Secretary shall sub-
‘‘(II) provide a period of 30 days for receipt means the Secretary of the Interior. mit to Congress a report on covered projects
of comments. (b) CERTAIN GATHERING LINES.— of the Department, which shall include, for
‘‘(ii) ASSUMED ACCEPTANCE.—If the Sec- (1) IN GENERAL.—Subject to paragraph (2), each covered project—
retary does not receive comments by 15 days the issuance of a sundry notice or right-of- (1) a brief description of the covered
after the deadline under clause (i)(II), the way for a gathering line and associated field project, including—
Secretary shall assume a lack of objection compression or pumping unit that is located (A) the purpose of the covered project;
and proceed with the action. on Federal land or Indian land and that serv- (B) each location in which the covered
‘‘(C) EFFECT.—Nothing in subparagraph (B) ices any oil or gas well may be considered by project is carried out;
affects— the Secretary to be an action that is cat- (C) the contract or award number of the
‘‘(i) the requirements under— egorically excluded (as defined in section covered project, if applicable;
‘‘(I) subsections (b) through (f); or 1508.1 of title 40, Code of Federal Regulations (D) the year in which the covered project
‘‘(II) the consultation process under sec- (as in effect on the date of enactment of this was initiated;
tion 306108 of title 54; or Act)) for purposes of the National Environ- (E) the Federal share of the total cost of
‘‘(ii) programmatic section 4(f) evalua- mental Policy Act of 1969 (42 U.S.C. 4321 et the covered project; and
tions, as described in regulations issued by seq.) if the gathering line and associated (F) each primary contractor, subcon-
the Secretary.’’; and field compression or pumping unit— tractor, grant recipient, and subgrantee re-
(4) in the first sentence, by striking ‘‘It is (A) are within a field or unit for which an cipient of the covered project;
declared to be’’ and inserting the following: approved land use plan or an environmental (2) an explanation of any change to the
‘‘(1) IN GENERAL.—It is’’. document prepared pursuant to the National original scope of the covered project, includ-
SEC. 11317. CATEGORICAL EXCLUSION FOR Environmental Policy Act of 1969 (42 U.S.C. ing by the addition or narrowing of the ini-
PROJECTS OF LIMITED FEDERAL AS- 4321 et seq.) analyzed transportation of oil, tial requirements of the covered project;
SISTANCE. natural gas, or produced water from 1 or (3) the original expected date for comple-
Section 1317(1) of MAP–21 (23 U.S.C. 109 more oil or gas wells in the field or unit as tion of the covered project;
note; Public Law 112–141) is amended— a reasonably foreseeable activity; (4) the current expected date for comple-
(1) in subparagraph (A), by striking (B) are located adjacent to or within— tion of the covered project;
‘‘$5,000,000’’ and inserting ‘‘$6,000,000’’; and (i) any existing disturbed area; or (5) the original cost estimate for the cov-
(2) in subparagraph (B), by striking (ii) an existing corridor for a right-of-way; ered project, as adjusted to reflect increases
‘‘$30,000,000’’ and inserting ‘‘$35,000,000’’. and in the Consumer Price Index for All Urban
SEC. 11318. CERTAIN GATHERING LINES LO- (C) would reduce— Consumers, as published by the Bureau of
CATED ON FEDERAL LAND AND IN- (i) in the case of a gathering line and asso- Labor Statistics;
DIAN LAND. ciated field compression or pumping unit (6) the current cost estimate for the cov-
(a) DEFINITIONS.—In this section: transporting methane, the total quantity of ered project, as adjusted to reflect increases
(1) FEDERAL LAND.— methane that would otherwise be vented, in the Consumer Price Index for All Urban
(A) IN GENERAL.—The term ‘‘Federal land’’ flared, or unintentionally emitted from the Consumers, as published by the Bureau of
means land the title to which is held by the field or unit; or Labor Statistics;
United States. (ii) in the case of a gathering line and asso- (7) an explanation for a delay in comple-
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(B) EXCLUSIONS.—The term ‘‘Federal land’’ ciated field compression or pumping unit not tion or an increase in the original cost esti-
does not include— transporting methane, the vehicular traffic mate for the covered project, including,
(i) a unit of the National Park System; that would otherwise service the field or where applicable, any impact of insufficient
(ii) a unit of the National Wildlife Refuge unit. or delayed appropriations; and
System; (2) APPLICABILITY.—Paragraph (1) shall (8) the amount of and rationale for any
(iii) a component of the National Wilder- apply to Indian land, or a portion of Indian award, incentive fee, or other type of bonus,
ness Preservation System; land— if any, awarded for the covered project.
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S5288 CONGRESSIONAL RECORD — SENATE August 1, 2021
Subtitle D—Climate Change ‘‘(E) an Indian tribe (as defined in section ing infrastructure, or natural gas fueling in-
4 of the Indian Self-Determination and Edu- frastructure, which shall be conducted using
SEC. 11401. GRANTS FOR CHARGING AND FUEL-
ING INFRASTRUCTURE. cation Assistance Act (25 U.S.C. 5304)); the Alternative Fuel Life-Cycle Environ-
‘‘(F) a territory of the United States; mental and Economic Transportation
(a) PURPOSE.—The purpose of this section ‘‘(G) an authority, agency, or instrumen- (AFLEET) tool developed by Argonne Na-
is to establish a grant program to strategi- tality of, or an entity owned by, 1 or more tional Laboratory (or a successor tool).
cally deploy publicly accessible electric ve- entities described in subparagraphs (A) ‘‘(5) CONSIDERATIONS.—In selecting eligible
hicle charging infrastructure, hydrogen fuel- through (F); or entities to receive a grant under this sub-
ing infrastructure, propane fueling infra- ‘‘(H) a group of entities described in sub- section, the Secretary shall—
structure, and natural gas fueling infrastruc- paragraphs (A) through (G). ‘‘(A) consider the extent to which the ap-
ture along designated alternative fuel cor- ‘‘(4) APPLICATIONS.—To be eligible to re- plication of the eligible entity would—
ridors or in certain other locations that will ceive a grant under this subsection, an eligi- ‘‘(i) improve alternative fueling corridor
be accessible to all drivers of electric vehi- ble entity shall submit to the Secretary an networks by—
cles, hydrogen vehicles, propane vehicles, application at such time, in such manner, ‘‘(I) converting corridor-pending corridors
and natural gas vehicles. and containing such information as the Sec- to corridor-ready corridors; or
(b) GRANT PROGRAM.—Section 151 of title retary shall require, including— ‘‘(II) in the case of corridor-ready cor-
23, United States Code, is amended— ‘‘(A) a description of how the eligible enti- ridors, providing redundancy—
(1) in subsection (a)— ty has considered— ‘‘(aa) to meet excess demand for charging
(A) by striking ‘‘Not later than 1 year after ‘‘(i) public accessibility of charging or fuel- or fueling infrastructure; or
the date of enactment of the FAST Act, the ing infrastructure proposed to be funded ‘‘(bb) to reduce congestion at existing
Secretary shall’’ and inserting ‘‘The Sec- with a grant under this subsection, includ- charging or fueling infrastructure in high-
retary shall periodically’’; and ing— traffic locations;
(B) by striking ‘‘to improve the mobility’’ ‘‘(I) charging or fueling connector types ‘‘(ii) meet current or anticipated market
and inserting ‘‘to support changes in the and publicly available information on real- demands for charging or fueling infrastruc-
transportation sector that help achieve a re- time availability; and ture;
duction in greenhouse gas emissions and im- ‘‘(II) payment methods to ensure secure, ‘‘(iii) enable or accelerate the construction
prove the mobility’’; convenient, fair, and equal access; of charging or fueling infrastructure that
(2) in subsection (b)(2), by inserting ‘‘pre- ‘‘(ii) collaborative engagement with stake- would be unlikely to be completed without
viously designated by the Federal Highway holders (including automobile manufactur- Federal assistance;
Administration or’’ before ‘‘designated by’’; ers, utilities, infrastructure providers, tech- ‘‘(iv) support a long-term competitive mar-
(3) by striking subsection (d) and inserting nology providers, electric charging, hydro- ket for electric vehicle charging infrastruc-
the following: gen, propane, and natural gas fuel providers, ture, hydrogen fueling infrastructure, pro-
metropolitan planning organizations, States, pane fueling infrastructure, or natural gas
‘‘(d) REDESIGNATION.—
Indian tribes, and units of local govern- fueling infrastructure that does not signifi-
‘‘(1) INITIAL REDESIGNATION.—Not later
ments, fleet owners, fleet managers, fuel sta- cantly impair existing electric vehicle charg-
than 180 days after the date of enactment of
tion owners and operators, labor organiza- ing infrastructure, hydrogen fueling infra-
the Surface Transportation Reauthorization
tions, infrastructure construction and com- structure, propane fueling infrastructure, or
Act of 2021, the Secretary shall update and
ponent parts suppliers, and multi-State and natural gas fueling infrastructure providers;
redesignate the corridors under subsection
regional entities)— ‘‘(v) provide access to electric vehicle
(a).
‘‘(I) to foster enhanced, coordinated, pub- charging infrastructure, hydrogen fueling in-
‘‘(2) SUBSEQUENT REDESIGNATION.—The Sec-
lic-private or private investment in electric frastructure, propane fueling infrastructure,
retary shall establish a recurring process to
vehicle charging infrastructure, hydrogen or natural gas fueling infrastructure in areas
regularly update and redesignate the cor- fueling infrastructure, propane fueling infra- with a current or forecasted need; and
ridors under subsection (a).’’; structure, or natural gas fueling infrastruc- ‘‘(vi) deploy electric vehicle charging infra-
(4) in subsection (e)— ture; structure, hydrogen fueling infrastructure,
(A) in paragraph (1), by striking ‘‘and’’ at ‘‘(II) to expand deployment of electric ve- propane fueling infrastructure, or natural
the end; hicle charging infrastructure, hydrogen fuel- gas fueling infrastructure for medium- and
(B) in paragraph (2)— ing infrastructure, propane fueling infra- heavy-duty vehicles (including along the Na-
(i) by striking ‘‘establishes an aspirational structure, or natural gas fueling infrastruc- tional Highway Freight Network established
goal of achieving’’ and inserting ‘‘describes ture; under section 167(c)) and in proximity to
efforts, including through funds awarded ‘‘(III) to protect personal privacy and en- intermodal transfer stations;
through the grant program under subsection sure cybersecurity; and ‘‘(B) ensure, to the maximum extent prac-
(f), that will aid efforts to achieve’’; and ‘‘(IV) to ensure that a properly trained ticable, geographic diversity among grant
(ii) by striking ‘‘by the end of fiscal year workforce is available to construct and in- recipients to ensure that electric vehicle
2020.’’ and inserting ‘‘; and’’; and stall electric vehicle charging infrastruc- charging infrastructure, hydrogen fueling in-
(C) by adding at the end the following: ture, hydrogen fueling infrastructure, pro- frastructure, propane fueling infrastructure,
‘‘(3) summarizes best practices and pro- pane fueling infrastructure, or natural gas or natural gas fueling infrastructure is avail-
vides guidance, developed through consulta- fueling infrastructure; able throughout the United States;
tion with the Secretary of Energy, for ‘‘(iii) the location of the station or fueling ‘‘(C) consider whether the private entity
project development of electric vehicle site, such as consideration of— that the eligible entity contracts with under
charging infrastructure, hydrogen fueling in- ‘‘(I) the availability of onsite amenities for paragraph (6)—
frastructure, propane fueling infrastructure vehicle operators, such as restrooms or food ‘‘(i) submits to the Secretary the most re-
and natural gas fueling infrastructure at the facilities; cent year of audited financial statements;
State, Tribal, and local level to allow for the ‘‘(II) access in compliance with the Ameri- and
predictable deployment of that infrastruc- cans with Disabilities Act of 1990 (42 U.S.C. ‘‘(ii) has experience in installing and oper-
ture.’’; and 12101 et seq.); ating electric vehicle charging infrastruc-
(5) by adding at the end the following: ‘‘(III) height and fueling capacity require- ture, hydrogen fueling infrastructure, pro-
‘‘(f) GRANT PROGRAM.— ments for facilities that charge or refuel pane fueling infrastructure, or natural gas
‘‘(1) DEFINITION OF PRIVATE ENTITY.—In this large vehicles, such as semi-trailer trucks; fueling infrastructure; and
subsection, the term ‘private entity’ means a and ‘‘(D) consider whether, to the maximum
corporation, partnership, company, or non- ‘‘(IV) appropriate distribution to avoid re- extent practicable, the eligible entity and
profit organization. dundancy and fill charging or fueling gaps; the private entity that the eligible entity
‘‘(2) ESTABLISHMENT.—Not later than 1 year ‘‘(iv) infrastructure installation that can contracts with under paragraph (6) enter
after the date of enactment of the Surface be responsive to technology advancements, into an agreement—
Transportation Reauthorization Act of 2021, such as accommodating autonomous vehi- ‘‘(i) to operate and maintain publicly
the Secretary shall establish a grant pro- cles, vehicle-to-grid technology, and future available electric vehicle charging infra-
gram to award grants to eligible entities to charging methods; and structure, hydrogen fueling infrastructure,
carry out the activities described in para- ‘‘(v) the long-term operation and mainte- propane fueling infrastructure, or natural
graph (6). nance of the electric vehicle charging infra- gas infrastructure; and
‘‘(3) ELIGIBLE ENTITIES.—An entity eligible structure, hydrogen fueling infrastructure, ‘‘(ii) that provides a remedy and an oppor-
to receive a grant under this subsection is— propane fueling infrastructure, or natural tunity to cure if the requirements described
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‘‘(A) a State or political subdivision of a gas fueling infrastructure, to avoid stranded in clause (i) are not met.
State; assets and protect the investment of public ‘‘(6) USE OF FUNDS.—
‘‘(B) a metropolitan planning organization; funds in that infrastructure; and ‘‘(A) IN GENERAL.—An eligible entity re-
‘‘(C) a unit of local government; ‘‘(B) an assessment of the estimated emis- ceiving a grant under this subsection shall
‘‘(D) a special purpose district or public au- sions that will be reduced through the use of only use the funds in accordance with this
thority with a transportation function, in- electric vehicle charging infrastructure, hy- paragraph to contract with a private entity
cluding a port authority; drogen fueling infrastructure, propane fuel- for acquisition and installation of publicly
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August 1, 2021 CONGRESSIONAL RECORD — SENATE S5289
accessible electric vehicle charging infra- ‘‘(ii) USES OF REVENUE.—An eligible entity ‘‘(ii) meets current or anticipated market
structure, hydrogen fueling infrastructure, that receives revenue from a cost-sharing demands for charging or fueling infrastruc-
propane fueling infrastructure, or natural agreement under clause (i) may only use ture, including faster charging speeds with
gas fueling infrastructure that is directly re- that revenue for a project that is eligible high-powered capabilities necessary to mini-
lated to the charging or fueling of a vehicle. under this title. mize the time to charge or refuel current and
‘‘(B) LOCATION OF INFRASTRUCTURE.—Any ‘‘(7) CERTAIN FUELS.—The use of grants for anticipated vehicles.
publicly accessible electric vehicle charging propane fueling infrastructure under this ‘‘(H) PARTNERING WITH PRIVATE ENTITIES.—
infrastructure, hydrogen fueling infrastruc- subsection shall be limited to infrastructure An eligible entity that receives a grant
ture, propane fueling infrastructure, or nat- for medium- and heavy-duty vehicles. under this paragraph may use the grant
ural gas fueling infrastructure acquired and ‘‘(8) COMMUNITY GRANTS.— funds to contract with a private entity for
installed with a grant under this subsection ‘‘(A) IN GENERAL.—Notwithstanding para- the acquisition, construction, installation,
shall be located along an alternative fuel graphs (4), (5), and (6), the Secretary shall re- maintenance, or operation of electric vehicle
corridor designated under this section, on serve 50 percent of the amounts made avail- charging infrastructure, hydrogen fueling in-
the condition that any affected Indian tribes able each fiscal year to carry out this sec- frastructure, propane fueling infrastructure,
are consulted before the designation. tion to provide grants to eligible entities in or natural gas fueling infrastructure that is
‘‘(C) OPERATING ASSISTANCE.— accordance with this paragraph. directly related to the charging or fueling of
‘‘(i) IN GENERAL.—Subject to clauses (ii) ‘‘(B) APPLICATIONS.—To be eligible to re- a vehicle.
and (iii), an eligible entity that receives a ceive a grant under this paragraph, an eligi- ‘‘(I) MAXIMUM GRANT AMOUNT.—The amount
grant under this subsection may use a por- of a grant under this paragraph shall not be
ble entity shall submit to the Secretary an
tion of the funds to provide to a private enti- more than $15,000,000.
application at such time, in such manner,
ty operating assistance for the first 5 years ‘‘(J) TECHNICAL ASSISTANCE.—Of the
and containing such information as the Sec-
of operations after the installation of pub- amounts reserved under subparagraph (A),
retary may require.
licly available electric vehicle charging in- the Secretary may use not more than 1 per-
‘‘(C) ELIGIBLE ENTITIES.—An entity eligible
frastructure, hydrogen fueling infrastruc- cent to provide technical assistance to eligi-
to receive a grant under this paragraph is—
ture, propane fueling infrastructure, or nat- ble entities.
‘‘(i) an entity described in paragraph (3);
ural gas fueling infrastructure while the fa- ‘‘(K) ADDITIONAL ACTIVITIES.—The recipient
cility transitions to independent system op- and
‘‘(ii) a State or local authority with owner- of a grant under this paragraph may use not
erations. more than 5 percent of the grant funds on
‘‘(ii) INCLUSIONS.—Operating assistance ship of publicly accessible transportation fa-
cilities. educational and community engagement ac-
under this subparagraph shall be limited to tivities to develop and implement education
costs allocable to operating and maintaining ‘‘(D) ELIGIBLE PROJECTS.—The Secretary
may provide a grant under this paragraph for programs through partnerships with schools,
the electric vehicle charging infrastructure, community organizations, and vehicle deal-
hydrogen fueling infrastructure, propane a project that is expected to reduce green-
house gas emissions and to expand or fill erships to support the use of zero-emission
fueling infrastructure, or natural gas fueling vehicles and associated infrastructure.
infrastructure and service. gaps in access to publicly accessible electric
vehicle charging infrastructure, hydrogen ‘‘(9) REQUIREMENTS.—
‘‘(iii) LIMITATION.—Operating assistance ‘‘(A) PROJECT TREATMENT.—Notwith-
under this subparagraph may not exceed the fueling infrastructure, propane fueling infra-
structure, or natural gas fueling infrastruc- standing any other provision of law, any
amount of a contract under subparagraph (A)
ture, including— project funded by a grant under this sub-
to acquire and install publicly accessible
‘‘(i) development phase activities, includ- section shall be treated as a project on a
electric vehicle charging infrastructure, hy-
ing planning, feasibility analysis, revenue Federal-aid highway under this chapter.
drogen fueling infrastructure, propane fuel-
forecasting, environmental review, prelimi- ‘‘(B) SIGNS.—Any traffic control device or
ing infrastructure, or natural gas fueling in-
nary engineering and design work, and other on-premises sign acquired, installed, or oper-
frastructure.
preconstruction activities; and ated with a grant under this subsection shall
‘‘(D) TRAFFIC CONTROL DEVICES.—
‘‘(ii) the acquisition and installation of comply with—
‘‘(i) IN GENERAL.—Subject to this para-
graph, an eligible entity that receives a electric vehicle charging infrastructure, hy- ‘‘(i) the Manual on Uniform Traffic Control
grant under this subsection may use a por- drogen fueling infrastructure, propane fuel- Devices, if located in the right-of-way; and
tion of the funds to acquire and install traf- ing infrastructure, or natural gas fueling in- ‘‘(ii) other provisions of Federal, State, and
fic control devices located in the right-of- frastructure that is directly related to the local law, as applicable.
way to provide directional information to charging or fueling of a vehicle, including ‘‘(10) FEDERAL SHARE.—
publicly accessible electric vehicle charging any related construction or reconstruction ‘‘(A) IN GENERAL.—The Federal share of the
infrastructure, hydrogen fueling infrastruc- and the acquisition of real property directly cost of a project carried out with a grant
ture, propane fueling infrastructure, or nat- related to the project, such as locations de- under this subsection shall not exceed 80 per-
ural gas fueling infrastructure acquired, in- scribed in subparagraph (E), to expand access cent of the total project cost.
stalled, or operated with the grant. to electric vehicle charging infrastructure, ‘‘(B) RESPONSIBILITY OF PRIVATE ENTITY.—
‘‘(ii) APPLICABILITY.—Clause (i) shall apply hydrogen fueling infrastructure, propane As a condition of contracting with an eligi-
only to an eligible entity that— fueling infrastructure, or natural gas fueling ble entity under paragraph (6) or (8), a pri-
‘‘(I) receives a grant under this subsection; infrastructure. vate entity shall agree to pay the share of
and ‘‘(E) PROJECT LOCATIONS.—A project receiv- the cost of a project carried out with a grant
‘‘(II) is using that grant for the acquisition ing a grant under this paragraph may be lo- under this subsection that is not paid by the
and installation of publicly accessible elec- cated on any public road or in other publicly Federal Government under subparagraph (A).
tric vehicle charging infrastructure, hydro- accessible locations, such as parking facili- ‘‘(11) REPORT.—Not later than 3 years after
gen fueling infrastructure, propane fueling ties at public buildings, public schools, and the date of enactment of this subsection, the
infrastructure, or natural gas fueling infra- public parks, or in publicly accessible park- Secretary shall submit to the Committee on
structure. ing facilities owned or managed by a private Environment and Public Works of the Senate
‘‘(iii) LIMITATION ON AMOUNT.—The amount entity. and the Committee on Transportation and
of funds used to acquire and install traffic ‘‘(F) PRIORITY.—In providing grants under Infrastructure of the House of Representa-
control devices under clause (i) may not ex- this paragraph, the Secretary shall give pri- tives and make publicly available a report
ceed the amount of a contract under sub- ority to projects that expand access to elec- on the progress and implementation of this
paragraph (A) to acquire and install publicly tric vehicle charging infrastructure, hydro- subsection.’’.
accessible charging or fueling infrastructure. gen fueling infrastructure, propane fueling SEC. 11402. REDUCTION OF TRUCK EMISSIONS AT
‘‘(iv) NO NEW AUTHORITY CREATED.—Nothing infrastructure, or natural gas fueling infra- PORT FACILITIES.
in this subparagraph authorizes an eligible structure within— (a) ESTABLISHMENT OF PROGRAM.—
entity that receives a grant under this sub- ‘‘(i) rural areas; (1) IN GENERAL.—The Secretary shall estab-
section to acquire and install traffic control ‘‘(ii) low- and moderate-income neighbor- lish a program to reduce idling at port facili-
devices if the entity is not otherwise author- hoods; and ties, under which the Secretary shall—
ized to do so. ‘‘(iii) communities with a low ratio of pri- (A) study how ports and intermodal port
‘‘(E) REVENUE.— vate parking spaces to households or a high transfer facilities would benefit from in-
‘‘(i) IN GENERAL.—An eligible entity receiv- ratio of multiunit dwellings to single family creased opportunities to reduce emissions at
ing a grant under this subsection and a pri- homes, as determined by the Secretary. ports, including through the electrification
vate entity referred to in subparagraph (A) ‘‘(G) ADDITIONAL CONSIDERATIONS.—In pro- of port operations;
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may enter into a cost-sharing agreement viding grants under this paragraph, the Sec- (B) study emerging technologies and strat-
under which the private entity submits to retary shall consider the extent to which the egies that may help reduce port-related
the eligible entity a portion of the revenue project— emissions from idling trucks; and
from the electric vehicle charging infra- ‘‘(i) contributes to geographic diversity (C) coordinate and provide funding to test,
structure, hydrogen fueling infrastructure, among eligible entities, including achieving evaluate, and deploy projects that reduce
propane fueling infrastructure, or natural a balance between urban and rural commu- port-related emissions from idling trucks,
gas fueling infrastructure. nities; and including through the advancement of port
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S5290 CONGRESSIONAL RECORD — SENATE August 1, 2021
electrification and improvements in effi- 104(b)(7) may be obligated for projects to sup- ‘‘(A) support efforts to reduce transpor-
ciency, focusing on port operations, includ- port the reduction of transportation emis- tation emissions;
ing heavy-duty commercial vehicles, and sions, including— ‘‘(B) identify projects and strategies to re-
other related projects. ‘‘(A) a project described in section 149(b)(4) duce transportation emissions, which may
(2) CONSULTATION.—In carrying out the pro- to establish or operate a traffic monitoring, include projects and strategies for safe, reli-
gram under this subsection, the Secretary management, and control facility or pro- able, and cost-effective options—
may consult with the Secretary of Energy gram, including advanced truck stop elec- ‘‘(i) to reduce traffic congestion by facili-
and the Administrator of the Environmental trification systems; tating the use of alternatives to single-occu-
Protection Agency. ‘‘(B) a public transportation project that is pant vehicle trips, including public transpor-
(b) GRANTS.— eligible for assistance under section 142; tation facilities, pedestrian facilities, bicy-
(1) IN GENERAL.—In carrying out subsection ‘‘(C) a project described in section cle facilities, and shared or pooled vehicle
(a)(1)(C), the Secretary shall award grants to 101(a)(29) (as in effect on the day before the trips within the State or an area served by
fund projects that reduce emissions at ports, date of enactment of the FAST Act (Public the applicable metropolitan planning organi-
including through the advancement of port Law 114–94; 129 Stat. 1312)), including the zation, if any;
electrification. construction, planning, and design of on-road ‘‘(ii) to facilitate the use of vehicles or
(2) COST SHARE.—A grant awarded under and off-road trail facilities for pedestrians, modes of travel that result in lower trans-
paragraph (1) shall not exceed 80 percent of bicyclists, and other nonmotorized forms of portation emissions per person-mile traveled
the total cost of the project funded by the transportation; as compared to existing vehicles and modes;
grant. ‘‘(D) a project described in section and
(3) COORDINATION.—In carrying out the 503(c)(4)(E) for advanced transportation and ‘‘(iii) to facilitate approaches to the con-
grant program under this subsection, the congestion management technologies; struction of transportation assets that result
Secretary shall— ‘‘(E) a project for the deployment of infra- in lower transportation emissions as com-
(A) to the maximum extent practicable, le- structure-based intelligent transportation pared to existing approaches;
verage existing resources and programs of systems capital improvements and the in- ‘‘(C) support the reduction of transpor-
the Department and other relevant Federal stallation of vehicle-to-infrastructure com- tation emissions of the State;
agencies; and munications equipment, including retro- ‘‘(D) at the discretion of the State, quan-
(B) coordinate with other Federal agencies, fitting dedicated short-range communica- tify the total carbon emissions from the pro-
as the Secretary determines to be appro- tions (DSRC) technology deployed as part of duction, transport, and use of materials used
priate. an existing pilot program to cellular vehicle- in the construction of transportation facili-
(4) APPLICATION; SELECTION.— to-everything (C–V2X) technology; ties within the State; and
(A) APPLICATION.—The Secretary shall so- ‘‘(F) a project to replace street lighting ‘‘(E) be appropriate to the population den-
licit applications for grants under paragraph and traffic control devices with energy-effi- sity and context of the State, including any
(1) at such time, in such manner, and con- cient alternatives; metropolitan planning organization des-
taining such information as the Secretary ‘‘(G) the development of a carbon reduction ignated within the State.
determines to be necessary. strategy in accordance with subsection (d); ‘‘(3) UPDATES.—The carbon reduction strat-
(B) SELECTION.—The Secretary shall make ‘‘(H) a project or strategy that is designed egy of a State developed under paragraph (1)
grants under paragraph (1) by not later than to support congestion pricing, shifting trans- shall be updated not less frequently than
April 1 of each fiscal year for which funding portation demand to nonpeak hours or other once every 4 years.
is made available. transportation modes, increasing vehicle oc- ‘‘(4) REVIEW.—Not later than 90 days after
(5) REQUIREMENT.—Notwithstanding any cupancy rates, or otherwise reducing demand the date on which a State submits a request
other provision of law, any project funded by for roads, including electronic toll collec- for the approval of a carbon reduction strat-
a grant under this subsection shall be treat- tion, and travel demand management strate- egy developed by the State under paragraph
ed as a project on a Federal-aid highway gies and programs; (1), the Secretary shall—
under chapter 1 of title 23, United States ‘‘(I) efforts to reduce the environmental ‘‘(A) review the process used to develop the
Code. and community impacts of freight move- carbon reduction strategy; and
(c) REPORT.—Not later than 1 year after ment; ‘‘(B)(i) certify that the carbon reduction
the date on which all of the projects funded ‘‘(J) a project to support deployment of al- strategy meets the requirements of para-
with a grant under subsection (b) are com- ternative fuel vehicles, including— graph (2); or
pleted, the Secretary shall submit to Con- ‘‘(i) the acquisition, installation, or oper- ‘‘(ii) deny certification of the carbon re-
gress a report that includes— ation of publicly accessible electric vehicle duction strategy and specify the actions nec-
(1) the findings of the studies described in charging infrastructure or hydrogen, natural essary for the State to take to correct the
subparagraphs (A) and (B) of subsection gas, or propane vehicle fueling infrastruc- deficiencies in the process of the State in de-
(a)(1); ture; and veloping the carbon reduction strategy.
(2) the results of the projects that received ‘‘(ii) the purchase or lease of zero-emission ‘‘(5) TECHNICAL ASSISTANCE.—At the re-
a grant under subsection (b); construction equipment and vehicles, includ- quest of a State, the Secretary shall provide
(3) any recommendations for workforce de- ing the acquisition, construction, or leasing technical assistance in the development of
velopment and training opportunities with of required supporting facilities; the carbon reduction strategy under para-
respect to port electrification; and ‘‘(K) a project described in section 149(b)(8) graph (1).
(4) any policy recommendations based on for a diesel engine retrofit; ‘‘(e) SUBALLOCATION.—
the findings and results described in para- ‘‘(L) a project described in section 149(b)(5) ‘‘(1) IN GENERAL.—For each fiscal year, of
graphs (1) and (2). that does not result in the construction of the funds apportioned to the State under sec-
SEC. 11403. CARBON REDUCTION PROGRAM. new capacity; and tion 104(b)(7)—
(a) IN GENERAL.—Chapter 1 of title 23, ‘‘(M) a project that reduces transportation ‘‘(A) 65 percent shall be obligated, in pro-
United States Code (as amended by section emissions at port facilities, including portion to their relative shares of the popu-
11203(a)), is amended by adding at the end through the advancement of port electrifica- lation of the State—
the following: tion. ‘‘(i) in urbanized areas of the State with an
‘‘§ 175. Carbon reduction program ‘‘(2) FLEXIBILITY.—In addition to the eligi- urbanized area population of more than
‘‘(a) DEFINITIONS.—In this section: ble projects under paragraph (1), a State may 200,000;
‘‘(1) METROPOLITAN PLANNING ORGANIZA- use funds apportioned under section 104(b)(7) ‘‘(ii) in urbanized areas of the State with
TION; URBANIZED AREA.—The terms ‘metro- for a project eligible under section 133(b) if an urbanized population of not less than
politan planning organization’ and ‘urban- the Secretary certifies that the State has 50,000 and not more than 200,000;
ized area’ have the meaning given those demonstrated a reduction in transportation ‘‘(iii) in urban areas of the State with a
terms in section 134(b). emissions— population of not less than 5,000 and not
‘‘(2) TRANSPORTATION EMISSIONS.—The term ‘‘(A) as estimated on a per capita basis; more than 49,999; and
‘transportation emissions’ means carbon di- and ‘‘(iv) in other areas of the State with a
oxide emissions from on-road highway ‘‘(B) as estimated on a per unit of eco- population of less than 5,000; and
sources of those emissions within a State. nomic output basis. ‘‘(B) the remainder may be obligated in
‘‘(3) TRANSPORTATION MANAGEMENT AREA.— ‘‘(d) CARBON REDUCTION STRATEGY.— any area of the State.
The term ‘transportation management area’ ‘‘(1) IN GENERAL.—Not later than 2 years ‘‘(2) METROPOLITAN AREAS.—Funds attrib-
means a transportation management area after the date of enactment of the Surface uted to an urbanized area under paragraph
identified or designated by the Secretary Transportation Reauthorization Act of 2021, (1)(A)(i) may be obligated in the metropoli-
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under section 134(k)(1). a State, in consultation with any metropoli- tan area established under section 134 that
‘‘(b) ESTABLISHMENT.—The Secretary shall tan planning organization designated within encompasses the urbanized area.
establish a carbon reduction program to re- the State, shall develop a carbon reduction ‘‘(3) DISTRIBUTION AMONG URBANIZED AREAS
duce transportation emissions. strategy in accordance with this subsection. OF OVER 50,000 POPULATION.—
‘‘(c) ELIGIBLE PROJECTS.— ‘‘(2) REQUIREMENTS.—The carbon reduction ‘‘(A) IN GENERAL.—Except as provided in
‘‘(1) IN GENERAL.—Subject to paragraph (2), strategy of a State developed under para- subparagraph (B), the amounts that a State
funds apportioned to a State under section graph (1) shall— is required to obligate under clauses (i) and
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August 1, 2021 CONGRESSIONAL RECORD — SENATE S5291
(ii) of paragraph (1)(A) shall be obligated in carrying out a project in an urbanized area System as part of a project carried out with
urbanized areas described in those clauses with a population of more than 1,000,000. a grant under the program.
based on the relative population of the areas. ‘‘(B) INTEGRATED CONGESTION MANAGEMENT ‘‘(B) REQUIREMENTS.—The Secretary may
‘‘(B) OTHER FACTORS.—The State may obli- SYSTEM.—The term ‘integrated congestion only approve the use of tolls under subpara-
gate the funds described in subparagraph (A) management system’ means a system for the graph (A) if—
based on other factors if— integration of management and operations of ‘‘(i) the eligible entity has authority under
‘‘(i) the State and the relevant metropoli- a regional transportation system that in- State, and if applicable, local, law to assess
tan planning organizations jointly apply to cludes, at a minimum, traffic incident man- the applicable toll;
the Secretary for the permission to base the agement, work zone management, traffic sig- ‘‘(ii) the maximum toll rate for any vehicle
obligation on other factors; and nal timing, managed lanes, real-time trav- class is not greater than the product ob-
‘‘(ii) the Secretary grants the request. eler information, and active traffic manage- tained by multiplying—
‘‘(4) COORDINATION IN URBANIZED AREAS.— ment, in order to maximize the capacity of ‘‘(I) the toll rate for any other vehicle
Before obligating funds for an eligible all facilities and modes across the applicable class; and
project under subsection (c) in an urbanized region. ‘‘(II) 5;
area that is not a transportation manage- ‘‘(C) PROGRAM.—The term ‘program’ means ‘‘(iii) the toll rates are not charged or var-
ment area, a State shall coordinate with any the congestion relief program established ied on the basis of State residency;
metropolitan planning organization that rep- under paragraph (2). ‘‘(iv) the Secretary determines that the use
resents the urbanized area prior to deter- ‘‘(2) ESTABLISHMENT.—The Secretary shall of tolls will enable the eligible entity to
mining which activities should be carried establish a congestion relief program to pro- achieve the program goals under paragraph
out under the project. vide discretionary grants to eligible entities (3) without a significant impact to safety or
‘‘(5) CONSULTATION IN RURAL AREAS.—Before to advance innovative, integrated, and mobility within the urbanized area in which
obligating funds for an eligible project under multimodal solutions to congestion relief in the project is located; and
subsection (c) in a rural area, a State shall the most congested metropolitan areas of ‘‘(v) the use of toll revenues complies with
consult with any regional transportation the United States. subsection (a)(3).
planning organization or metropolitan plan- ‘‘(3) PROGRAM GOALS.—The goals of the pro- ‘‘(C) LIMITATION.—The Secretary may not
ning organization that represents the rural gram are to reduce highway congestion, re- approve the use of tolls on the Interstate
area prior to determining which activities duce economic and environmental costs as- System under the program in more than 10
should be carried out under the project. sociated with that congestion, including urbanized areas.
‘‘(6) OBLIGATION AUTHORITY.— transportation emissions, and optimize ex- ‘‘(7) FINANCIAL EFFECTS ON LOW-INCOME
‘‘(A) IN GENERAL.—A State that is required isting highway capacity and usage of high- DRIVERS.—A project under the program—
to obligate in an urbanized area with an ur- way and transit systems through— ‘‘(A) shall include, if appropriate, an anal-
banized area population of 50,000 or more ‘‘(A) improving intermodal integration ysis of the potential effects of the project on
under this subsection funds apportioned to with highways, highway operations, and low-income drivers; and
the State under section 104(b)(7) shall make highway performance; ‘‘(B) may include mitigation measures to
available during the period of fiscal years ‘‘(B) reducing or shifting highway users to deal with any potential adverse financial ef-
2022 through 2026 an amount of obligation au- off-peak travel times or to nonhighway trav- fects on low-income drivers.’’.
el modes during peak travel times; and (b) HIGH OCCUPANCY VEHICLE USE OF CER-
thority distributed to the State for Federal-
‘‘(C) pricing of, or based on, as applicable— TAIN TOLL FACILITIES.—Section 129(a) of title
aid highways and highway safety construc-
‘‘(i) parking;
tion programs for use in the area that is 23, United States Code, is amended—
‘‘(ii) use of roadways, including in des-
equal to the amount obtained by multi- (1) by redesignating paragraph (10) as para-
ignated geographic zones; or
plying— graph (11); and
‘‘(iii) congestion.
‘‘(i) the aggregate amount of funds that (2) by inserting after paragraph (9) the fol-
‘‘(4) ELIGIBLE PROJECTS.—Funds from a
the State is required to obligate in the area lowing:
grant under the program may be used for a
under this subsection during the period; and ‘‘(10) HIGH OCCUPANCY VEHICLE USE OF CER-
project or an integrated collection of
‘‘(ii) the ratio that— TAIN TOLL FACILITIES.—Notwithstanding sec-
projects, including planning, design, imple-
‘‘(I) the aggregate amount of obligation au- tion 102(a), in the case of a toll facility that
mentation, and construction activities, to
thority distributed to the State for Federal- is on the Interstate System and that is con-
achieve the program goals under paragraph
aid highways and highway safety construc- (3), including— structed or converted after the date of enact-
tion programs during the period; bears to ‘‘(A) deployment and operation of an inte- ment of the Surface Transportation Reau-
‘‘(II) the total of the sums apportioned to grated congestion management system; thorization Act of 2021, the public authority
the State for Federal-aid highways and high- ‘‘(B) deployment and operation of a system with jurisdiction over the toll facility shall
way safety construction programs (excluding that implements or enforces high occupancy allow high occupancy vehicles, transit, and
sums not subject to an obligation limitation) vehicle toll lanes, cordon pricing, parking paratransit vehicles to use the facility at a
during the period. pricing, or congestion pricing; discount rate or without charge, unless the
‘‘(B) JOINT RESPONSIBILITY.—Each State, ‘‘(C) deployment and operation of mobility public authority, in consultation with the
each affected metropolitan planning organi- services, including establishing account- Secretary, determines that the number of
zation, and the Secretary shall jointly en- based financial systems, commuter buses, those vehicles using the facility reduces the
sure compliance with subparagraph (A). commuter vans, express operations, para- travel time reliability of the facility.’’.
‘‘(f) FEDERAL SHARE.—The Federal share of transit, and on-demand microtransit; and SEC. 11405. PROMOTING RESILIENT OPERATIONS
the cost of a project carried out using funds ‘‘(D) incentive programs that encourage FOR TRANSFORMATIVE, EFFICIENT,
apportioned to a State under section 104(b)(7) AND COST-SAVING TRANSPOR-
travelers to carpool, use nonhighway travel
shall be determined in accordance with sec- TATION (PROTECT) PROGRAM.
modes during peak period, or travel during
tion 120. (a) IN GENERAL.—Chapter 1 of title 23,
nonpeak periods.
‘‘(g) TREATMENT OF PROJECTS.—Notwith- United States Code (as amended by section
‘‘(5) APPLICATION; SELECTION.—
standing any other provision of law, a 11403(a)), is amended by adding at the end
‘‘(A) APPLICATION.—To be eligible to re-
project assisted under this section shall be the following:
ceive a grant under the program, an eligible
treated as a project on a Federal-aid high- entity shall submit to the Secretary an ap- ‘‘§ 176. Promoting Resilient Operations for
way under this chapter.’’. plication at such time, in such manner, and Transformative, Efficient, and Cost-saving
(b) CLERICAL AMENDMENT.—The analysis containing such information as the Sec- Transportation (PROTECT) program
for chapter 1 of title 23, United States Code retary may require. ‘‘(a) DEFINITIONS.—In this section:
(as amended by section 11203(b)) is amended ‘‘(B) PRIORITY.—In providing grants under ‘‘(1) EMERGENCY EVENT.—The term ‘emer-
by inserting after the item relating to sec- the program, the Secretary shall give pri- gency event’ means a natural disaster or cat-
tion 174 the following: ority to projects in urbanized areas that are astrophic failure resulting in—
‘‘175. Carbon reduction program.’’. experiencing a high degree of recurrent con- ‘‘(A) an emergency declared by the Gov-
SEC. 11404. CONGESTION RELIEF PROGRAM. gestion. ernor of the State in which the disaster or
(a) IN GENERAL.—Section 129 of title 23, ‘‘(C) FEDERAL SHARE.—The Federal share of failure occurred; or
United States Code, is amended by adding at the cost of a project carried out with a grant ‘‘(B) an emergency or disaster declared by
the end the following: under the program shall not exceed 80 per- the President.
‘‘(d) CONGESTION RELIEF PROGRAM.— cent of the total project cost. ‘‘(2) EVACUATION ROUTE.—The term ‘evacu-
‘‘(1) DEFINITIONS.—In this subsection: ‘‘(D) MINIMUM AWARD.—A grant provided ation route’ means a transportation route or
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‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible under the program shall be not less than system that—
entity’ means any of the following: $10,000,000. ‘‘(A) is owned, operated, or maintained by
‘‘(i) A State, for the purpose of carrying ‘‘(6) USE OF TOLLING.— a Federal, State, Tribal, or local govern-
out a project in an urbanized area with a ‘‘(A) IN GENERAL.—Notwithstanding sub- ment;
population of more than 1,000,000. section (a)(1) and section 301 and subject to ‘‘(B) is used—
‘‘(ii) A metropolitan planning organiza- subparagraphs (B) and (C), the Secretary ‘‘(i) to transport the public away from
tion, city, or municipality, for the purpose of shall allow the use of tolls on the Interstate emergency events; or
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S5292 CONGRESSIONAL RECORD — SENATE August 1, 2021
‘‘(ii) to transport emergency responders for each fiscal year, not less than 2 percent ‘‘(ii) ELIGIBLE PLANNING COSTS.—In the case
and recovery resources; and shall be for activities described in subsection of a planning activity described in sub-
‘‘(C) is designated by the eligible entity (d)(3). section (d)(3) that is carried out by a State
with jurisdiction over the area in which the ‘‘(3) REQUIREMENTS.— with funds apportioned to the State under
route is located for the purposes described in ‘‘(A) PROJECTS IN CERTAIN AREAS.—If a section 104(b)(8), eligible costs may include
subparagraph (B). project under this subsection is carried out, development phase activities, including
‘‘(3) PROGRAM.—The term ‘program’ means in whole or in part, within a base floodplain, planning, feasibility analysis, revenue fore-
the program established under subsection the State shall— casting, environmental review, preliminary
(b)(1). ‘‘(i) identify the base floodplain in which engineering and design work, other
‘‘(4) RESILIENCE IMPROVEMENT.—The term the project is to be located and disclose that preconstruction activities, and other activi-
‘resilience improvement’ means the use of information to the Secretary; and ties consistent with carrying out the pur-
materials or structural or nonstructural ‘‘(ii) indicate to the Secretary whether the poses of subsection (d)(3).
techniques, including natural infrastruc- State plans to implement 1 or more compo- ‘‘(F) LIMITATIONS.—A State—
ture— nents of the risk mitigation plan under sec- ‘‘(i) may use not more than 40 percent of
‘‘(A) that allow a project— tion 322 of the Robert T. Stafford Disaster the amounts apportioned to the State under
‘‘(i) to better anticipate, prepare for, and Relief and Emergency Assistance Act (42 section 104(b)(8) for the construction of new
adapt to changing conditions and to with- U.S.C. 5165) with respect to the area. capacity; and
stand and respond to disruptions; and ‘‘(B) ELIGIBILITIES.—A State shall use ‘‘(ii) may use not more than 10 percent of
‘‘(ii) to be better able to continue to serve funds apportioned to the State under section the amounts apportioned to the State under
the primary function of the project during 104(b)(8) for— section 104(b)(8) for activities described in
and after weather events and natural disas- ‘‘(i) a highway project eligible for assist- subparagraph (E)(i)(I).
ters for the expected life of the project; or ance under this title; ‘‘(d) COMPETITIVE AWARDS.—
‘‘(B) that— ‘‘(ii) a public transportation facility or ‘‘(1) IN GENERAL.—In addition to funds ap-
‘‘(i) reduce the magnitude and duration of service eligible for assistance under chapter portioned to States under section 104(b)(8) to
impacts of current and future weather events 53 of title 49; or carry out activities under subsection (c), the
and natural disasters to a project; or ‘‘(iii) a port facility, including a facility Secretary shall provide grants on a competi-
‘‘(ii) have the absorptive capacity, adapt- that— tive basis under this subsection to eligible
ive capacity, and recoverability to decrease ‘‘(I) connects a port to other modes of entities described in paragraph (2).
project vulnerability to current and future transportation; ‘‘(2) ELIGIBLE ENTITIES.—Except as pro-
weather events or natural disasters. ‘‘(II) improves the efficiency of evacu- vided in paragraph (4)(C), the Secretary may
‘‘(b) ESTABLISHMENT.— ations and disaster relief; or make a grant under this subsection to any of
‘‘(1) IN GENERAL.—The Secretary shall es- ‘‘(III) aids transportation. the following:
tablish a program, to be known as the ‘Pro- ‘‘(C) SYSTEM RESILIENCE.—A project carried ‘‘(A) A State or political subdivision of a
moting Resilient Operations for Trans- out by a State with funds apportioned to the State.
formative, Efficient, and Cost-saving Trans- State under section 104(b)(8) may include the ‘‘(B) A metropolitan planning organiza-
portation program’ or the ‘PROTECT pro- use of natural infrastructure or the con- tion.
gram’. struction or modification of storm surge, ‘‘(C) A unit of local government.
‘‘(2) PURPOSE.—The purpose of the program flood protection, or aquatic ecosystem res- ‘‘(D) A special purpose district or public
is to provide grants for resilience improve- toration elements that are functionally con- authority with a transportation function, in-
ments through— nected to a transportation improvement, cluding a port authority.
‘‘(A) formula funding distributed to States such as— ‘‘(E) An Indian tribe (as defined in section
to carry out subsection (c); ‘‘(i) increasing marsh health and total area 207(m)(1)).
‘‘(B) competitive planning grants to enable adjacent to a highway right-of-way to pro- ‘‘(F) A Federal land management agency
communities to assess vulnerabilities to cur- mote additional flood storage; that applies jointly with a State or group of
rent and future weather events and natural ‘‘(ii) upgrades to and installation of cul- States.
disasters and changing conditions, including verts designed to withstand 100-year flood ‘‘(G) A multi-State or multijurisdictional
sea level rise, and plan transportation im- events; group of entities described in subparagraphs
provements and emergency response strate- ‘‘(iii) upgrades to and installation of tide (A) through (F).
gies to address those vulnerabilities; and gates to protect highways; ‘‘(3) PLANNING GRANTS.—Using funds made
‘‘(C) competitive resilience improvement ‘‘(iv) upgrades to and installation of flood available under this subsection, the Sec-
grants to protect— gates to protect tunnel entrances; and retary shall provide planning grants to eligi-
‘‘(i) surface transportation assets by mak- ‘‘(v) improving functionality and resiliency ble entities for the purpose of—
ing the assets more resilient to current and of stormwater controls, including inventory ‘‘(A) in the case of a State or metropolitan
future weather events and natural disasters, inspections, upgrades to, and preservation of planning organization, developing a resil-
such as severe storms, flooding, drought, best management practices to protect sur- ience improvement plan under subsection
levee and dam failures, wildfire, rockslides, face transportation infrastructure. (e)(2);
mudslides, sea level rise, extreme weather, ‘‘(D) FEDERAL COST SHARE.— ‘‘(B) resilience planning, predesign, design,
including extreme temperature, and earth- ‘‘(i) IN GENERAL.—Except as provided in or the development of data tools to simulate
quakes; subsection (e)(1), the Federal share of the transportation disruption scenarios, includ-
‘‘(ii) communities through resilience im- cost of a project carried out using funds ap- ing vulnerability assessments;
provements and strategies that allow for the portioned to the State under section 104(b)(8) ‘‘(C) technical capacity building by the eli-
continued operation or rapid recovery of sur- shall not exceed 80 percent of the total gible entity to facilitate the ability of the el-
face transportation systems that— project cost. igible entity to assess the vulnerabilities of
‘‘(I) serve critical local, regional, and na- ‘‘(ii) NON-FEDERAL SHARE.—A State may the surface transportation assets and com-
tional needs, including evacuation routes; use Federal funds other than Federal funds munity response strategies of the eligible en-
and apportioned to the State under section tity under current conditions and a range of
‘‘(II) provide access or service to hospitals 104(b)(8) to meet the non-Federal cost share potential future conditions; or
and other medical or emergency service fa- requirement for a project under this sub- ‘‘(D) evacuation planning and preparation.
cilities, major employers, critical manufac- section. ‘‘(4) RESILIENCE GRANTS.—
turing centers, ports and intermodal facili- ‘‘(E) ELIGIBLE PROJECT COSTS.— ‘‘(A) RESILIENCE IMPROVEMENT GRANTS.—
ties, utilities, and Federal facilities; ‘‘(i) IN GENERAL.—Except as provided in ‘‘(i) IN GENERAL.—Using funds made avail-
‘‘(iii) coastal infrastructure, such as a tide clause (ii), eligible project costs for activi- able under this subsection, the Secretary
gate to protect highways, that is at long- ties carried out by a State with funds appor- shall provide resilience improvement grants
term risk to sea level rise; and tioned to the State under section 104(b)(8) to eligible entities to carry out 1 or more eli-
‘‘(iv) natural infrastructure that protects may include the costs of— gible activities under clause (ii).
and enhances surface transportation assets ‘‘(I) development phase activities, includ- ‘‘(ii) ELIGIBLE ACTIVITIES.—
while improving ecosystem conditions, in- ing planning, feasibility analysis, revenue ‘‘(I) IN GENERAL.—An eligible entity may
cluding culverts that ensure adequate flows forecasting, environmental review, prelimi- use a resilience improvement grant under
in rivers and estuarine systems. nary engineering and design work, and other this subparagraph for 1 or more construction
‘‘(c) ELIGIBLE ACTIVITIES FOR APPORTIONED preconstruction activities; and activities to improve the ability of an exist-
FUNDING.— ‘‘(II) construction, reconstruction, reha- ing surface transportation asset to with-
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‘‘(1) IN GENERAL.—Except as provided in bilitation, and acquisition of real property stand 1 or more elements of a weather event
paragraph (2), funds apportioned to the State (including land related to the project and or natural disaster, or to increase the resil-
under section 104(b)(8) shall be obligated for improvements to land), environmental miti- ience of surface transportation infrastruc-
activities eligible under subparagraph (A), gation, construction contingencies, acquisi- ture from the impacts of changing condi-
(B), or (C) of subsection (d)(4). tion of equipment directly related to improv- tions, such as sea level rise, flooding,
‘‘(2) PLANNING SET-ASIDE.—Of the funds ap- ing system performance, and operational im- wildfires, extreme weather events, and other
portioned to a State under section 104(b)(8) provements. natural disasters.
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August 1, 2021 CONGRESSIONAL RECORD — SENATE S5293
‘‘(II) INCLUSIONS.—An activity eligible to ‘‘(I) is an eligible activity under subpara- ‘‘(VI) An Indian tribe in a State described
be carried out under this subparagraph in- graph (A)(ii), if that eligible activity will im- in subclause (I).
cludes— prove an evacuation route; ‘‘(VII) A Federal land management agency
‘‘(aa) resurfacing, restoration, rehabilita- ‘‘(II) ensures the ability of the evacuation that applies jointly with a State or group of
tion, reconstruction, replacement, improve- route to provide safe passage during an evac- States described in subclause (I).
ment, or realignment of an existing surface uation and reduces the risk of damage to ‘‘(VIII) A multi-State or multijuris-
transportation facility eligible for assistance evacuation routes as a result of future emer- dictional group of entities described in sub-
under this title; gency events, including restoring or replac- clauses (I) through (VII).
‘‘(bb) the incorporation of natural infra- ing existing evacuation routes that are in ‘‘(ii) GRANTS.—Using funds made available
structure; poor condition or not designed to meet the under this subsection, the Secretary shall
‘‘(cc) the upgrade of an existing surface anticipated demand during an emergency provide at-risk coastal infrastructure grants
transportation facility to meet or exceed a event, and including steps to protect routes to eligible entities to carry out 1 or more eli-
design standard adopted by the Federal from mud, rock, or other debris slides; gible activities under clause (iii).
Highway Administration; ‘‘(III) if the eligible entity notifies the Sec- ‘‘(iii) ELIGIBLE ACTIVITIES.—An eligible en-
‘‘(dd) the installation of mitigation meas- retary that existing evacuation routes are tity may use an at-risk coastal infrastruc-
ures that prevent the intrusion of flood- not sufficient to adequately facilitate evacu- ture grant under this subparagraph for
waters into surface transportation systems; ations, including the transportation of emer- strengthening, stabilizing, hardening, ele-
‘‘(ee) strengthening systems that remove gency responders and recovery resources, ex- vating, relocating, or otherwise enhancing
rainwater from surface transportation facili- pands the capacity of evacuation routes to the resilience of highway and non-rail infra-
ties; swiftly and safely accommodate evacuations, structure, including bridges, roads, pedes-
‘‘(ff) upgrades to and installation of struc- including installation of— trian walkways, and bicycle lanes, and asso-
tural stormwater controls; ‘‘(aa) communications and intelligent ciated infrastructure, such as culverts and
‘‘(gg) a resilience project that addresses transportation system equipment and infra-
tide gates to protect highways, that are sub-
identified vulnerabilities described in the re- structure;
ject to, or face increased long-term future
silience improvement plan of the eligible en- ‘‘(bb) counterflow measures; or
risks of, a weather event, a natural disaster,
tity, if applicable; ‘‘(cc) shoulders;
or changing conditions, including coastal
‘‘(hh) relocating roadways in a base flood- ‘‘(IV) is for the construction of new or re-
flooding, coastal erosion, wave action, storm
plain to higher ground above projected flood dundant evacuation routes, if the eligible en-
tity notifies the Secretary that existing surge, or sea level rise, in order to improve
elevation levels, or away from slide prone transportation and public safety and to re-
areas; evacuation routes are not sufficient to ade-
quately facilitate evacuations, including the duce costs by avoiding larger future mainte-
‘‘(ii) stabilizing slide areas or slopes; nance or rebuilding costs.
‘‘(jj) installing riprap; transportation of emergency responders and
recovery resources; ‘‘(iv) CRITERIA.—The Secretary shall pro-
‘‘(kk) lengthening or raising bridges to in- vide at-risk coastal infrastructure grants
crease waterway openings, including to re- ‘‘(V) is for the acquisition of evacuation
route or traffic incident management equip- under this subparagraph for a project—
spond to extreme weather; ‘‘(I) that addresses the risks from a current
‘‘(ll) increasing the size or number of ment or signage; or
‘‘(VI) will ensure access or service to crit- or future weather event or natural disaster,
drainage structures; including coastal flooding, coastal erosion,
‘‘(mm) installing seismic retrofits on ical destinations, including hospitals and
other medical or emergency service facili- wave action, storm surge, or sea level
bridges;
ties, major employers, critical manufac- change; and
‘‘(nn) adding scour protection at bridges;
turing centers, ports and intermodal facili- ‘‘(II) that reduces long-term infrastructure
‘‘(oo) adding scour, stream stability, coast-
ties, utilities, and Federal facilities. costs by avoiding larger future maintenance
al, and other hydraulic countermeasures, in-
‘‘(iii) PRIORITY.—The Secretary shall or rebuilding costs.
cluding spur dikes;
prioritize community resilience and evacu- ‘‘(v) COASTAL BENEFITS.—In addition to the
‘‘(pp) vegetation management practices in
ation route grants under this subparagraph criteria under clause (iv), for the purpose of
transportation rights-of-way to improve
for eligible activities that are cost-effective, providing at-risk coastal infrastructure
roadway safety, prevent against invasive
as determined by the Secretary, taking into grants under this subparagraph, the Sec-
species, facilitate wildfire control, and pro-
account— retary shall evaluate the extent to which a
vide erosion control; and
‘‘(I) current and future vulnerabilities to project will provide—
‘‘(qq) any other protective features, includ-
an evacuation route due to future occurrence ‘‘(I) access to coastal homes, businesses,
ing natural infrastructure, as determined by
or recurrence of emergency events that are communities, and other critical infrastruc-
the Secretary.
likely to occur in the geographic area in ture, including access by first responders and
‘‘(iii) PRIORITY.—The Secretary shall which the evacuation route is located; and
prioritize a resilience improvement grant to other emergency personnel; or
‘‘(II) projected changes in development ‘‘(II) access to a designated evacuation
an eligible entity if— patterns, demographics, and extreme weath-
‘‘(I) the Secretary determines— route.
er events based on the best available evi- ‘‘(5) GRANT REQUIREMENTS.—
‘‘(aa) the benefits of the eligible activity dence and analysis.
proposed to be carried out by the eligible en- ‘‘(A) SOLICITATIONS FOR GRANTS.—In pro-
‘‘(iv) CONSULTATION.—In providing grants viding grants under this subsection, the Sec-
tity exceed the costs of the activity; and for community resilience and evacuation
‘‘(bb) there is a need to address the retary shall conduct a transparent and com-
routes under this subparagraph, the Sec- petitive national solicitation process to se-
vulnerabilities of surface transportation as- retary may consult with the Administrator
sets of the eligible entity with a high risk of, lect eligible projects to receive grants under
of the Federal Emergency Management paragraph (3) and subparagraphs (A), (B), and
and impacts associated with, failure due to Agency, who may provide technical assist-
the impacts of weather events, natural disas- (C) of paragraph (4).
ance to the Secretary and to eligible enti-
ters, or changing conditions, such as sea ‘‘(B) APPLICATIONS.—
ties.
level rise, wildfires, and increased flood risk; ‘‘(i) IN GENERAL.—To be eligible to receive
‘‘(C) AT-RISK COASTAL INFRASTRUCTURE
or a grant under paragraph (3) or subparagraph
GRANTS.—
‘‘(II) the eligible activity proposed to be (A), (B), or (C) of paragraph (4), an eligible
‘‘(i) DEFINITION OF ELIGIBLE ENTITY.—In
carried out by the eligible entity is included entity shall submit to the Secretary an ap-
this subparagraph, the term ‘eligible entity’
in the applicable resilience improvement means any of the following: plication in such form, at such time, and
plan under subsection (e)(2). ‘‘(I) A State (including the United States containing such information as the Sec-
‘‘(B) COMMUNITY RESILIENCE AND EVACU- Virgin Islands, Guam, American Samoa, and retary determines to be necessary.
ATION ROUTE GRANTS.— the Commonwealth of the Northern Mariana ‘‘(ii) PROJECTS IN CERTAIN AREAS.—If a
‘‘(i) IN GENERAL.—Using funds made avail- Islands) in, or bordering on, the Atlantic, Pa- project is proposed to be carried out by the
able under this subsection, the Secretary cific, or Arctic Ocean, the Gulf of Mexico, eligible entity, in whole or in part, within a
shall provide community resilience and evac- Long Island Sound, or 1 or more of the Great base floodplain, the eligible entity shall—
uation route grants to eligible entities to Lakes. ‘‘(I) as part of the application, identify the
carry out 1 or more eligible activities under ‘‘(II) A political subdivision of a State de- floodplain in which the project is to be lo-
clause (ii). scribed in subclause (I). cated and disclose that information to the
‘‘(ii) ELIGIBLE ACTIVITIES.—An eligible enti- ‘‘(III) A metropolitan planning organiza- Secretary; and
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ty may use a community resilience and evac- tion in a State described in subclause (I). ‘‘(II) indicate in the application whether, if
uation route grant under this subparagraph ‘‘(IV) A unit of local government in a State selected, the eligible entity will implement 1
for 1 or more projects that strengthen and described in subclause (I). or more components of the risk mitigation
protect evacuation routes that are essential ‘‘(V) A special purpose district or public plan under section 322 of the Robert T. Staf-
for providing and supporting evacuations authority with a transportation function, in- ford Disaster Relief and Emergency Assist-
caused by emergency events, including a cluding a port authority, in a State de- ance Act (42 U.S.C. 5165) with respect to the
project that— scribed in subclause (I). area.
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S5294 CONGRESSIONAL RECORD — SENATE August 1, 2021
‘‘(C) ELIGIBILITIES.—The Secretary may tivities, and other activities consistent with ‘‘(aa) developed a resilience improvement
make a grant under paragraph (3) or sub- carrying out the purposes of that paragraph. plan in accordance with this subsection; and
paragraph (A), (B), or (C) of paragraph (4) ‘‘(G) LIMITATIONS.— ‘‘(bb) prioritized the project on that resil-
only for— ‘‘(i) IN GENERAL.—An eligible entity that ience improvement plan; and
‘‘(i) a highway project eligible for assist- receives a grant under subparagraph (A), (B), ‘‘(II) in the case of an eligible entity not
ance under this title; or (C) of paragraph (4)— described in subclause (I), the eligible entity
‘‘(ii) a public transportation facility or ‘‘(I) may use not more than 40 percent of is located in a State or an area served by a
service eligible for assistance under chapter the amount of the grant for the construction metropolitan planning organization that
53 of title 49; of new capacity; and has—
‘‘(iii) a facility or service for intercity rail ‘‘(II) may use not more than 10 percent of ‘‘(aa) developed a resilience improvement
passenger transportation (as defined in sec- the amount of the grant for activities de- plan in accordance with this subsection; and
tion 24102 of title 49); or scribed in subparagraph (F)(i)(I). ‘‘(bb) prioritized the project on that resil-
‘‘(iv) a port facility, including a facility ‘‘(ii) LIMIT ON CERTAIN ACTIVITIES.—For ience improvement plan.
that— each fiscal year, not more than 25 percent of ‘‘(ii) INCORPORATION OF RESILIENCE IM-
‘‘(I) connects a port to other modes of the total amount provided under this sub- PROVEMENT PLAN IN OTHER PLANNING.—Sub-
transportation; section may be used for projects described in ject to clause (iii), the amount of the non-
‘‘(II) improves the efficiency of evacu- subparagraph (C)(iii). Federal share of the cost of a project carried
ations and disaster relief; or ‘‘(H) DISTRIBUTION OF GRANTS.— out with funds under subsection (c) or a
‘‘(III) aids transportation. ‘‘(i) IN GENERAL.—Subject to the avail-
grant under subsection (d) shall be reduced
‘‘(D) SYSTEM RESILIENCE.—A project for ability of funds, an eligible entity may re-
by 3 percentage points if—
which a grant is provided under paragraph quest and the Secretary may distribute
‘‘(I) in the case of a State or an eligible en-
(3) or subparagraph (A), (B), or (C) of para- funds for a grant under this subsection on a
tity that is a State or a metropolitan plan-
graph (4) may include the use of natural in- multiyear basis, as the Secretary determines
ning organization, the resilience improve-
frastructure or the construction or modifica- to be necessary.
ment plan developed in accordance with this
tion of storm surge, flood protection, or ‘‘(ii) RURAL SET-ASIDE.—Of the amounts
subsection has been incorporated into the
aquatic ecosystem restoration elements that made available to carry out this subsection
the Secretary determines are functionally for each fiscal year, the Secretary shall use metropolitan transportation plan under sec-
connected to a transportation improvement, not less than 25 percent for grants for tion 134 or the long-range statewide trans-
such as— projects located in areas that are outside an portation plan under section 135, as applica-
‘‘(i) increasing marsh health and total area urbanized area with a population of over ble; and
adjacent to a highway right-of-way to pro- 200,000. ‘‘(II) in the case of an eligible entity not
mote additional flood storage; ‘‘(iii) TRIBAL SET-ASIDE.—Of the amounts described in subclause (I), the eligible entity
‘‘(ii) upgrades to and installing of culverts made available to carry out this subsection is located in a State or an area served by a
designed to withstand 100-year flood events; for each fiscal year, the Secretary shall use metropolitan planning organization that in-
‘‘(iii) upgrades to and installation of tide not less than 2 percent for grants to Indian corporated a resilience improvement plan
gates to protect highways; and tribes (as defined in section 207(m)(1)). into the metropolitan transportation plan
‘‘(iv) upgrades to and installation of flood ‘‘(iv) REALLOCATION.—For any fiscal year, under section 134 or the long-range statewide
gates to protect tunnel entrances. if the Secretary determines that the amount transportation plan under section 135, as ap-
‘‘(E) FEDERAL COST SHARE.— described in clause (ii) or (iii) will not be plicable.
‘‘(i) PLANNING GRANT.—The Federal share fully utilized for the grant described in that ‘‘(iii) LIMITATIONS.—
of the cost of a planning activity carried out clause, the Secretary may reallocate the un- ‘‘(I) MAXIMUM REDUCTION.—A State or eligi-
using a planning grant under paragraph (3) utilized funds to provide grants to other eli- ble entity may not receive a reduction under
shall be 100 percent. gible entities under this subsection. this paragraph of more than 10 percentage
‘‘(ii) RESILIENCE GRANTS.— ‘‘(6) CONSULTATION.—In carrying out this points for any single project carried out with
‘‘(I) IN GENERAL.—Except as provided in subsection, the Secretary shall— funds under subsection (c) or a grant under
subclause (II) and subsection (e)(1), the Fed- ‘‘(A) consult with the Assistant Secretary subsection (d).
eral share of the cost of a project carried out of the Army for Civil Works, the Adminis- ‘‘(II) NO NEGATIVE NON-FEDERAL SHARE.—A
using a grant under subparagraph (A), (B), or trator of the Environmental Protection reduction under this paragraph shall not re-
(C) of paragraph (4) shall not exceed 80 per- Agency, the Secretary of the Interior, and duce the non-Federal share of the costs of a
cent of the total project cost. the Secretary of Commerce; and project carried out with funds under sub-
‘‘(II) TRIBAL PROJECTS.—On the determina- ‘‘(B) solicit technical support from the Ad- section (c) or a grant under subsection (d) to
tion of the Secretary, the Federal share of ministrator of the Federal Emergency Man- an amount that is less than zero.
the cost of a project carried out using a agement Agency. ‘‘(2) PLAN CONTENTS.—A resilience improve-
grant under subparagraph (A), (B), or (C) of ‘‘(7) GRANT ADMINISTRATION.—The Sec- ment plan referred to in paragraph (1)—
paragraph (4) by an Indian tribe (as defined retary may— ‘‘(A) shall be for the immediate and long-
in section 207(m)(1)) may be up to 100 per- ‘‘(A) retain not more than a total of 5 per- range planning activities and investments of
cent. cent of the funds made available to carry out the State or metropolitan planning organiza-
‘‘(iii) NON-FEDERAL SHARE.—The eligible this subsection and to review applications tion with respect to resilience of the surface
entity may use Federal funds other than for grants under this subsection; and transportation system within the boundaries
Federal funds provided under this subsection ‘‘(B) transfer portions of the funds retained of the State or metropolitan planning orga-
to meet the non-Federal cost share require- under subparagraph (A) to the relevant Ad- nization, as applicable;
ment for a project carried out with a grant ministrators to fund the award and oversight ‘‘(B) shall demonstrate a systemic ap-
under this subsection. of grants provided under this subsection. proach to surface transportation system re-
‘‘(F) ELIGIBLE PROJECT COSTS.— ‘‘(e) RESILIENCE IMPROVEMENT PLAN AND silience and be consistent with and com-
‘‘(i) RESILIENCE GRANT PROJECTS.—Eligible LOWER NON-FEDERAL SHARE.— plementary of the State and local mitigation
project costs for activities funded with a ‘‘(1) FEDERAL SHARE REDUCTIONS.— plans required under section 322 of the Rob-
grant under subparagraph (A), (B), or (C) of ‘‘(A) IN GENERAL.—A State that receives ert T. Stafford Disaster Relief and Emer-
paragraph (4) may include the costs of— funds apportioned to the State under section gency Assistance Act (42 U.S.C. 5165);
‘‘(I) development phase activities, includ- 104(b)(8) or an eligible entity that receives a ‘‘(C) shall include a risk-based assessment
ing planning, feasibility analysis, revenue grant under subsection (d) shall have the of vulnerabilities of transportation assets
forecasting, environmental review, prelimi- non-Federal share of a project carried out and systems to current and future weather
nary engineering and design work, and other with the funds or grant, as applicable, re- events and natural disasters, such as severe
preconstruction activities; and duced by an amount described in subpara- storms, flooding, drought, levee and dam
‘‘(II) construction, reconstruction, reha- graph (B) if the State or eligible entity failures, wildfire, rockslides, mudslides, sea
bilitation, and acquisition of real property meets the applicable requirements under level rise, extreme weather, including ex-
(including land related to the project and that subparagraph. treme temperatures, and earthquakes;
improvements to land), environmental miti- ‘‘(B) AMOUNT OF REDUCTIONS.— ‘‘(D) may—
gation, construction contingencies, acquisi- ‘‘(i) RESILIENCE IMPROVEMENT PLAN.—Sub- ‘‘(i) designate evacuation routes and strat-
tion of equipment directly related to improv- ject to clause (iii), the amount of the non- egies, including multimodal facilities, des-
ing system performance, and operational im- Federal share of the costs of a project car- ignated with consideration for individuals
provements. ried out with funds apportioned to a State without access to personal vehicles;
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‘‘(ii) PLANNING GRANTS.—Eligible project under section 104(b)(8) or a grant under sub- ‘‘(ii) plan for response to anticipated emer-
costs for activities funded with a grant under section (d) shall be reduced by 7 percentage gencies, including plans for the mobility of—
paragraph (3) may include the costs of devel- points if— ‘‘(I) emergency response personnel and
opment phase activities, including planning, ‘‘(I) in the case of a State or an eligible en- equipment; and
feasibility analysis, revenue forecasting, en- tity that is a State or a metropolitan plan- ‘‘(II) access to emergency services, includ-
vironmental review, preliminary engineering ning organization, the State or eligible enti- ing for vulnerable or disadvantaged popu-
and design work, other preconstruction ac- ty has— lations;
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August 1, 2021 CONGRESSIONAL RECORD — SENATE S5295
‘‘(iii) describe the resilience improvement ‘‘(A) ANNUAL REPORTS.—The Secretary parenthetically) in the list published most
policies, including strategies, land-use and shall submit to the Committee on Environ- recently as of the date of enactment of this
zoning changes, investments in natural in- ment and Public Works of the Senate and Act pursuant to section 104 of the Federally
frastructure, or performance measures that the Committee on Transportation and Infra- Recognized Indian Tribe List Act of 1994 (25
will inform the transportation investment structure of the House of Representatives, U.S.C. 5131).
decisions of the State or metropolitan plan- and publish on the website of the Depart- (b) ESTABLISHMENT.—The Secretary shall
ning organization with the goal of increasing ment of Transportation, an annual report establish a discretionary grant program, to
resilience; that describes the implementation of the be known as the ‘‘Healthy Streets program’’,
‘‘(iv) include an investment plan that— program during the preceding calendar year, to provide grants to eligible entities—
‘‘(I) includes a list of priority projects; and including— (1) to deploy cool pavements and porous
‘‘(II) describes how funds apportioned to ‘‘(i) each project for which a grant was pro- pavements; and
the State under section 104(b)(8) or provided vided under subsection (d); (2) to expand tree cover.
by a grant under the program would be in- ‘‘(ii) information relating to project appli-
vested and matched, which shall not be sub- cations received; (c) GOALS.—The goals of the program are—
ject to fiscal constraint requirements; and ‘‘(iii) the manner in which the consultation (1) to mitigate urban heat islands;
‘‘(v) use science and data and indicate the requirements were implemented under sub- (2) to improve air quality; and
source of data and methodologies; and section (d); (3) to reduce—
‘‘(E) shall, as appropriate— ‘‘(iv) recommendations to improve the ad- (A) the extent of impervious surfaces;
‘‘(i) include a description of how the plan ministration of subsection (d), including (B) stormwater runoff and flood risks; and
will improve the ability of the State or met- whether assistance from additional or fewer (C) heat impacts to infrastructure and road
ropolitan planning organization— agencies to carry out the program is appro- users.
‘‘(I) to respond promptly to the impacts of priate; (d) APPLICATION.—
weather events and natural disasters; and ‘‘(v) the period required to disburse grant (1) IN GENERAL.—To be eligible to receive a
‘‘(II) to be prepared for changing condi- funds to eligible entities based on applicable grant under the program, an eligible entity
tions, such as sea level rise and increased Federal coordination requirements; and shall submit to the Secretary an application
flood risk; ‘‘(vi) a list of facilities that repeatedly re- at such time, in such manner, and con-
‘‘(ii) describe the codes, standards, and reg- quire repair or reconstruction due to emer- taining such information as the Secretary
ulatory framework, if any, adopted and en- gency events. may require.
forced to ensure resilience improvements ‘‘(B) FINAL REPORT.—Not later than 5 years (2) REQUIREMENTS.—The application sub-
within the impacted area of proposed after the date of enactment of the Surface mitted by an eligible entity under paragraph
projects included in the resilience improve- Transportation Reauthorization Act of 2021, (1) shall include a description of—
ment plan; the Secretary shall submit to Congress a re- (A) how the eligible entity would use the
‘‘(iii) consider the benefits of combining port that includes the results of the reports grant funds; and
hard surface transportation assets, and nat- submitted under subparagraph (A). (B) the contribution that the projects in-
ural infrastructure, through coordinated ef- ‘‘(h) TREATMENT OF PROJECTS.—Notwith- tended to be carried out with grant funds
forts by the Federal Government and the standing any other provision of law, a would make to improving the safety, health
States; project assisted under this section shall be outcomes, natural environment, and quality
‘‘(iv) assess the resilience of other commu- treated as a project on a Federal-aid high- of life in low-income communities and dis-
nity assets, including buildings and housing, way under this chapter.’’. advantaged communities.
emergency management assets, and energy, (b) CLERICAL AMENDMENT.—The analysis
water, and communication infrastructure; (e) USE OF FUNDS.—An eligible entity that
for chapter 1 of title 23, United States Code receives a grant under the program may use
‘‘(v) use a long-term planning period; and (as amended by section 11403(b)), is amended
‘‘(vi) include such other information as the the grant funds for 1 or more of the following
by inserting after the item relating to sec- activities:
State or metropolitan planning organization tion 175 the following:
considers appropriate. (1) Conducting an assessment of urban heat
‘‘(3) NO NEW PLANNING REQUIREMENTS.— ‘‘176. Promoting Resilient Operations for islands to identify hot spot areas of extreme
Nothing in this section requires a metropoli- Transformative, Efficient, and heat or elevated air pollution.
tan planning organization or a State to de- Cost-saving Transportation (2) Conducting a comprehensive tree can-
velop a resilience improvement plan or to in- (PROTECT) program.’’. opy assessment, which shall assess the cur-
clude a resilience improvement plan under SEC. 11406. HEALTHY STREETS PROGRAM. rent tree locations and canopy, including—
the metropolitan transportation plan under (a) DEFINITIONS.—In this section: (A) an inventory of the location, species,
section 134 or the long-range statewide (1) COOL PAVEMENT.—The term ‘‘cool pave- condition, and health of existing tree can-
transportation plan under section 135, as ap- ment’’ means a pavement with reflective opies and trees on public facilities; and
plicable, of the metropolitan planning orga- surfaces with higher albedo to decrease the (B) an identification of—
nization or State. surface temperature of that pavement. (i) the locations where trees need to be re-
‘‘(f) MONITORING.— (2) ELIGIBLE ENTITY.—The term ‘‘eligible placed;
‘‘(1) IN GENERAL.—Not later than 18 months entity’’ means— (ii) empty tree boxes or other locations
after the date of enactment of this section, (A) a State; where trees could be added; and
the Secretary shall— (B) a metropolitan planning organization; (iii) flood-prone locations where trees or
‘‘(A) establish, for the purpose of evalu- (C) a unit of local government; other natural infrastructure could mitigate
ating the effectiveness and impacts of (D) a Tribal government; and flooding.
projects carried out with a grant under sub- (E) a nonprofit organization working in co- (3) Conducting an equity assessment by
section (d)— ordination with an entity described in sub- mapping tree canopy gaps, flood-prone loca-
‘‘(i) subject to paragraph (2), transpor- paragraphs (A) through (D). tions, and urban heat island hot spots as
tation and any other metrics as the Sec- (3) LOW-INCOME COMMUNITY.—The term compared to—
retary determines to be necessary; and ‘‘low-income community’’ means a census (A) pedestrian walkways and public trans-
‘‘(ii) procedures for monitoring and evalu- block group in which not less than 30 percent portation stop locations;
ating projects based on those metrics; and of the population lives below the poverty (B) low-income communities; and
‘‘(B) select a representative sample of line (as defined in section 673 of the Commu- (C) disadvantaged communities.
projects to evaluate based on the metrics nity Services Block Grant Act (42 U.S.C. (4) Planning activities, including devel-
and procedures established under subpara- 9902)). oping an investment plan based on the re-
graph (A). (4) POROUS PAVEMENT.—The term ‘‘porous sults of the assessments carried out under
‘‘(2) NOTICE.—Before adopting any metrics pavement’’ means a paved surface with a paragraphs (1), (2), and (3).
described in paragraph (1), the Secretary higher than normal percentage of air voids (5) Purchasing and deploying cool pave-
shall— to allow water to pass through the surface ments to mitigate urban heat island hot
‘‘(A) publish the proposed metrics in the and infiltrate into the subsoil. spots.
Federal Register; and (5) PROGRAM.—The term ‘‘program’’ means (6) Purchasing and deploying porous pave-
‘‘(B) provide to the public an opportunity the Healthy Streets program established ment to mitigate flooding and stormwater
for comment on the proposed metrics. under subsection (b). runoff in—
‘‘(g) REPORTS.— (6) STATE.—The term ‘‘State’’ has the (A) pedestrian-only areas; and
‘‘(1) REPORTS FROM ELIGIBLE ENTITIES.—Not meaning given the term in section 101(a) of (B) areas of low-volume, low-speed vehic-
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later than 1 year after the date on which a title 23, United States Code. ular use.
project carried out with a grant under sub- (7) TRIBAL GOVERNMENT.—The term ‘‘Tribal (7) Purchasing of trees, site preparation,
section (d) is completed, the eligible entity government’’ means the recognized gov- planting of trees, ongoing maintenance and
that carried out the project shall submit to erning body of any Indian or Alaska Native monitoring of trees, and repairing of storm
the Secretary a report on the results of the tribe, band, nation, pueblo, village, commu- damage to trees, with priority given to—
project and the use of the funds awarded. nity, component band, or component res- (A) to the extent practicable, the planting
‘‘(2) REPORTS TO CONGRESS.— ervation, individually identified (including of native species; and
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S5296 CONGRESSIONAL RECORD — SENATE August 1, 2021
(B) projects located in a neighborhood with (2) a description of the pedestrian injury or proving, or maintaining the facility that was
lower tree cover or higher maximum day- terrorism risks with respect to the proposed derived from Federal funds;
time summer temperatures compared to sur- installation area; and (B) the documentation of maintenance of
rounding neighborhoods. (3) an analysis of how the proposed bollard effort for toll credits earned by the origi-
(8) Assessing underground infrastructure installation project will mitigate those nating State; and
and coordinating with local transportation risks. (C) the accuracy of the accounting system
and utility providers. (d) USE OF FUNDS.—A recipient of a grant of the State to earn and track toll credits.
(9) Hiring staff to conduct any of the ac- under this section may only use the grant (2) SELECTION.—Of the States that submit
tivities described in paragraphs (1) through funds for a bollard installation project. an application under paragraph (1), the Sec-
(8). (e) FEDERAL SHARE.—The Federal share of retary may select not more than 10 States to
(f) PRIORITY.—In awarding grants to eligi- the costs of a bollard installation project be designated as an originating State.
ble entities under the program, the Sec- carried out with a grant under this section (3) LIMITATION ON SALES.—At any time, the
retary shall give priority to an eligible enti- may be up to 100 percent. Secretary may limit the amount of unused
ty— (f) AUTHORIZATION OF APPROPRIATIONS.— toll credits that may be offered for sale
(1) proposing to carry out an activity or There is authorized to be appropriated to the under the pilot program.
project in a low-income community or a dis- Secretary to carry out this section $5,000,000 (e) TRANSFER OR SALE OF CREDITS.—
advantaged community; for each of fiscal years 2022 through 2026. (1) IN GENERAL.—In carrying out the pilot
(2) that has entered into a community ben- (g) TREATMENT OF PROJECTS.—Notwith- program, the Secretary shall provide that an
efits agreement with representatives of the standing any other provision of law, a originating State may transfer or sell to a
community; or project assisted under this section shall be recipient State a credit not previously used
(3) that is partnering with a qualified treated as a project on a Federal-aid high- by the originating State under section 120(i)
youth or conservation corps (as defined in way under chapter 1 of title 23, United States of title 23, United States Code.
section 203 of the Public Lands Corps Act of Code. (2) WEBSITE SUPPORT.—The Secretary shall
1993 (16 U.S.C. 1722)). SEC. 11503. TRANSFER AND SALE OF TOLL CRED- make available a publicly accessible website
(g) DISTRIBUTION REQUIREMENT.—Of the ITS. on which originating States shall post the
amounts made available to carry out the (a) DEFINITIONS.—In this section: amount of toll credits, verified under sub-
program for each fiscal year, not less than 80 (1) ORIGINATING STATE.—The term ‘‘origi- section (d)(1)(A), that are available for sale
percent shall be provided for projects in ur- nating State’’ means a State that— or transfer to a recipient State.
banized areas (as defined in section 101(a) of (A) is eligible to use a credit under section (3) BILATERAL TRANSACTIONS.—An origi-
title 23, United States Code). 120(i) of title 23, United States Code; and nating State and a recipient State may enter
(h) FEDERAL SHARE.— (B) has been selected by the Secretary into a bilateral transaction to sell or trans-
(1) IN GENERAL.—Except as provided under under subsection (d)(2). fer verified toll credits.
paragraph (2), the Federal share of the cost (2) PILOT PROGRAM.—The term ‘‘pilot pro- (4) NOTIFICATION.—Not later than 30 days
of a project carried out under the program gram’’ means the pilot program established after the date on which a credit is trans-
shall be 80 percent. under subsection (b). ferred or sold, the originating State and the
(2) WAIVER.—The Secretary may increase (3) RECIPIENT STATE.—The term ‘‘recipient recipient State shall jointly submit to the
the Federal share requirement under para- State’’ means a State that receives a credit Secretary a written notification of the trans-
graph (1) to 100 percent for projects carried by transfer or by sale under this section fer or sale, including details on—
out by an eligible entity that demonstrates from an originating State. (A) the amount of toll credits that have
economic hardship, as determined by the (4) STATE.—The term ‘‘State’’ has the been sold or transferred;
Secretary. meaning given the term in section 101(a) of (B) the price paid or other value trans-
(i) MAXIMUM GRANT AMOUNT.—An indi- title 23, United States Code. ferred in exchange for the toll credits;
vidual grant under this section shall not ex- (b) ESTABLISHMENT OF PILOT PROGRAM.— (C) the intended use by the recipient State
ceed $15,000,000. The Secretary shall establish and implement of the toll credits, if known;
(j) TREATMENT OF PROJECTS.—Notwith- a toll credit exchange pilot program in ac- (D) the intended use by the originating
standing any other provision of law, a cordance with this section. State of the cash or other value transferred;
project assisted under this section shall be (c) PURPOSES.—The purposes of the pilot (E) an update on the toll credit balance of
treated as a project on a Federal-aid high- program are— the originating State and the recipient
way under chapter 1 of title 23, United States (1) to identify the extent of the demand to State; and
Code. purchase toll credits; (F) any other information about the trans-
Subtitle E—Miscellaneous (2) to identify the cash price of toll credits action that the Secretary may require.
SEC. 11501. ADDITIONAL DEPOSITS INTO HIGH-
through bilateral transactions between (5) USE OF CREDITS BY TRANSFEREE OR PUR-
WAY TRUST FUND. States; CHASER.—A recipient State may use a credit
(a) IN GENERAL.—Section 105 of title 23, (3) to analyze the impact of the purchase received under paragraph (1) toward the non-
United States Code, is repealed. or sale of toll credits on transportation ex- Federal share requirement for any funds
(b) CLERICAL AMENDMENT.—The analysis penditures; made available to carry out title 23 or chap-
for chapter 1 of title 23, United States Code, (4) to test the feasibility of expanding the ter 53 of title 49, United States Code, in ac-
is amended by striking the item relating to pilot program to allow all States to partici- cordance with section 120(i) of title 23,
section 105. pate on a permanent basis; and United States Code.
SEC. 11502. STOPPING THREATS ON PEDES- (5) to identify any other repercussions of (6) USE OF PROCEEDS FROM SALE OF CRED-
TRIANS. the toll credit exchange. ITS.—An originating State shall use the pro-
(a) DEFINITION OF BOLLARD INSTALLATION (d) SELECTION OF ORIGINATING STATES.— ceeds from the sale of a credit under para-
PROJECT.—In this section, the term ‘‘bollard (1) APPLICATION.—In order to participate in graph (1) for the construction costs of any
installation project’’ means a project to in- the pilot program as an originating State, a project in the originating State that is eligi-
stall raised concrete or metal posts on a State shall submit to the Secretary an appli- ble under title 23, United States Code.
sidewalk adjacent to a roadway that are de- cation at such time, in such manner, and (f) REPORTING REQUIREMENTS.—
signed to slow or stop a motor vehicle. containing such information as the Sec- (1) INITIAL REPORT.—Not later than 1 year
(b) ESTABLISHMENT.—Not later than 1 year retary may require, including, at a min- after the date on which the pilot program is
after the date of enactment of this Act and imum, such information as is required for established, the Secretary shall submit to
subject to the availability of appropriations, the Secretary to verify— the Committee on Environment and Public
the Secretary shall establish and carry out a (A) the amount of unused toll credits for Works of the Senate and the Committee on
competitive grant pilot program to provide which the State has submitted certification Transportation and Infrastructure of the
assistance to State departments of transpor- to the Secretary that are available to be sold House of Representatives a report on the
tation and local government entities for or transferred under the pilot program, in- progress of the pilot program.
bollard installation projects designed to pre- cluding— (2) FINAL REPORT.—Not later than 3 years
vent pedestrian injuries and acts of ter- (i) toll revenue generated and the sources after the date on which the pilot program is
rorism in areas used by large numbers of pe- of that revenue; established, the Secretary shall—
destrians. (ii) toll revenue used by public, quasi-pub- (A) submit to the Committee on Environ-
(c) APPLICATION.—To be eligible to receive lic, and private agencies to build, improve, ment and Public Works of the Senate and
a grant under this section, a State depart- or maintain highways, bridges, or tunnels the Committee on Transportation and Infra-
ment of transportation or local government that serve the public purpose of interstate structure of the House of Representatives a
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entity shall submit to the Secretary an ap- commerce; and report that—
plication at such time, in such form, and (iii) an accounting of any Federal funds (i) determines whether a toll credit mar-
containing such information as the Sec- used by the public, quasi-public, or private ketplace is viable and cost-effective;
retary determines to be appropriate, which agency to build, improve, or maintain the (ii) describes the buying and selling activi-
shall include, at a minimum— toll facility, to validate that the credit has ties under the pilot program;
(1) a description of the proposed bollard in- been reduced by a percentage equal to the (iii) describes the average sale price of toll
stallation project to be carried out; percentage of the total cost of building, im- credits;
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August 1, 2021 CONGRESSIONAL RECORD — SENATE S5297
(iv) determines whether the pilot program (1) operators and users of the Interstate (dd) power sources and electric supplies,
could be expanded to more States or all System (as defined in section 101(a) of title such as cell phones, radios, lights, and bat-
States or to non-State operators of toll fa- 23, United States Code), including private teries;
cilities; sector stakeholders; (III) to reach individuals who are in need of
(v) provides updated information on the (2) States and State departments of trans- the commodities described in subclause (II);
toll credit balance accumulated by each portation; and
State; and (3) metropolitan planning organizations; (IV) to assist with other disaster relief
(vi) describes the list of projects that were (4) the motor carrier industry; tasks, as appropriate; and
assisted by the pilot program; and (5) representatives of public transportation (C) a review of training programs for first
(B) make the report under subparagraph agencies or organizations; responders, emergency workers, and commu-
(A) publicly available on the website of the (6) highway safety and academic groups; nity organization representatives relating
Department. (7) nonprofit entities with experience in to—
(g) TERMINATION.— transportation policy; (i) competent bicycle skills, including the
(1) IN GENERAL.—The Secretary may termi- (8) National Laboratories (as defined in use of cargo bicycles and electric bicycles, as
nate the pilot program or the participation section 2 of the Energy Policy Act of 2005 (42 applicable;
of any State in the pilot program if the Sec- U.S.C. 15801)); (ii) basic bicycle maintenance;
retary determines that— (9) environmental stakeholders; and (iii) compliance with relevant traffic safe-
(A) the pilot program is not serving a pub- (10) self-driving vehicle producers, manu- ty laws;
lic benefit; or facturers, and technology developers. (iv) methods to use bicycles to carry out
(B) it is not cost effective to carry out the the activities described in clauses (i) and (ii)
pilot program. (f) REPORT.—Not later than 1 year after the
date on which the study under subsection (a) of subparagraph (2)(B); and
(2) PROCEDURES.—The termination of the (v) exercises conducted for the purpose of—
pilot program or the participation of a State is initiated, the Secretary shall submit a re-
port on the results of the study to— (I) exercising the skills described in clause
in the pilot program shall be carried out con- (i); and
sistent with Federal requirements for project (1) the Committee on Environment and
Public Works of the Senate; and (II) maintaining bicycles and related
closeout, adjustment, and continuing respon- equipment.
sibilities. (2) the Committee on Transportation and
(c) REPORT.—Not later than 2 years after
SEC. 11504. STUDY OF IMPACTS ON ROADS FROM Infrastructure of the House of Representa-
the date of enactment of this Act, the Sec-
SELF-DRIVING VEHICLES. tives.
retary shall submit to the Committee on En-
(a) IN GENERAL.—Not later than 60 days SEC. 11505. DISASTER RELIEF MOBILIZATION vironment and Public Works of the Senate
after the date of enactment of this Act, the STUDY. and the Committee on Transportation and
Secretary shall initiate a study on the exist- Infrastructure of the House of Representa-
(a) DEFINITION OF LOCAL COMMUNITY.—In
ing and future impacts of self-driving vehi- tives a report that—
cles to transportation infrastructure, mobil- this section, the term ‘‘local community’’
means— (1) describes the results of the study car-
ity, the environment, and safety, including ried out under subsection (b); and
impacts on— (1) a unit of local government;
(2) a political subdivision of a State or (2) provides recommendations, if any, re-
(1) the Interstate System (as defined in lating to—
section 101(a) of title 23, United States Code); local government;
(3) a metropolitan planning organization (A) the methods by which to incorporate
(2) urban roads; bicycles into disaster preparedness and dis-
(3) rural roads; (as defined in section 134(b) of title 23, United
States Code); aster response plans of local communities;
(4) corridors with heavy traffic congestion; and
(5) transportation systems optimization; (4) a rural planning organization; or
(5) a Tribal government. (B) improvements to training programs de-
and scribed in subsection (b)(2)(C).
(6) any other areas or issues relevant to op- (b) STUDY.— SEC. 11506. APPALACHIAN REGIONAL COMMIS-
erations of the Federal Highway Administra- (1) IN GENERAL.—The Secretary shall carry SION.
tion that the Secretary determines to be ap- out a study to determine the utility of incor- (a) DEFINITIONS.—Section 14102(a)(1) of title
propriate. porating the use of bicycles into the disaster 40, United States Code, is amended—
(b) CONTENTS OF STUDY.—The study under preparedness and disaster response plans of (1) in subparagraph (G)—
subsection (a) shall include specific rec- local communities. (A) by inserting ‘‘Catawba,’’ after
ommendations for both rural and urban com- (2) REQUIREMENTS.—The study carried out ‘‘Caldwell,’’; and
munities regarding the impacts of self-driv- under paragraph (1) shall include— (B) by inserting ‘‘Cleveland,’’ after
ing vehicles on existing transportation sys- (A) a vulnerability assessment of the infra-
tem capacity. ‘‘Clay,’’;
structure in local communities as of the date (2) in subparagraph (J), by striking ‘‘and
(c) CONSIDERATIONS.—In carrying out the of enactment of this Act that supports active
study under subsection (a), the Secretary Spartanburg’’ and inserting ‘‘Spartanburg,
transportation, including bicycling, walking, and Union’’; and
shall— and personal mobility devices, with a par-
(1) consider the need for and recommend (3) in subparagraph (M), by inserting ‘‘, of
ticular focus on areas in local communities which the counties of Brooke, Hancock, Mar-
any policy changes to be undertaken by the
that— shall, and Ohio shall be considered to be lo-
Federal Highway Administration on the im-
(i) have low levels of vehicle ownership; cated in the North Central subregion’’ after
pacts of self-driving vehicles as identified
and ‘‘West Virginia’’.
under paragraph (2); and
(ii) lack sufficient active transportation (b) FUNCTIONS.—Section 14303(a) of title 40,
(2) for both rural and urban communities,
infrastructure routes to public transpor- United States Code, is amended—
include a discussion of—
tation; (1) in paragraph (9), by striking ‘‘and’’ at
(A) the impacts that self-driving vehicles
(B) an evaluation of whether disaster pre- the end;
will have on existing transportation infra-
paredness and disaster response plans should (2) in paragraph (10), by striking the period
structure, such as signage and markings,
include the use of bicycles by first respond- at the end and inserting ‘‘; and’’; and
traffic lights, and highway capacity and de-
sign; ers, emergency workers, and community or- (3) by adding at the end the following:
(B) the impact on commercial and private ganization representatives— ‘‘(11) support broadband access in the Ap-
traffic flows; (i) during a mandatory or voluntary evacu- palachian region.’’.
(C) infrastructure improvement needs that ation ordered by a Federal, State, Tribal, or (c) CONGRESSIONAL NOTIFICATION.—
may be necessary for transportation infra- local government entity— (1) IN GENERAL.—Subchapter II of chapter
structure to accommodate self-driving vehi- (I) to notify residents of the need to evac- 143 of subtitle IV of title 40, United States
cles; uate; Code, is amended by adding at the end the
(D) the impact of self-driving vehicles on (II) to evacuate individuals and goods; and following:
the environment, congestion, and vehicle (III) to reach individuals who are in need of ‘‘§ 14323. Congressional notification
miles traveled; and first aid and medical assistance; and ‘‘(a) IN GENERAL.—In the case of a project
(E) the impact of self-driving vehicles on (ii) after a disaster or emergency declared described in subsection (b), the Appalachian
mobility. by a Federal, State, Tribal, or local govern- Regional Commission shall provide to the
(d) COORDINATION.—In carrying out the ment entity— Committee on Transportation and Infra-
study under subsection (a), the Secretary (I) to participate in search and rescue ac- structure of the House of Representatives
shall consider and incorporate relevant cur- tivities; and the Committee on Environment and
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rent and ongoing research of the Depart- (II) to carry commodities to be used for Public Works of the Senate notice of the
ment. life-saving or life-sustaining purposes, in- award of a grant or other financial assist-
(e) CONSULTATION.—In carrying out the cluding— ance not less than 3 full business days before
study under subsection (a), the Secretary (aa) water; awarding the grant or other financial assist-
shall convene and consult with a panel of na- (bb) food; ance.
tional experts in both rural and urban trans- (cc) first aid and other medical supplies; ‘‘(b) PROJECTS DESCRIBED.—A project re-
portation, including— and ferred to in subsection (a) is a project that
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