[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1748 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1748

     To provide for improved investment in national transportation 
                            infrastructure.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 9, 2015

 Mrs. Murray (for herself, Ms. Collins, and Mr. Durbin) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
     To provide for improved investment in national transportation 
                            infrastructure.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transportation Infrastructure Grants 
and Economic Reinvestment Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State;
                    (B) an Indian tribe;
                    (C) the District of Columbia;
                    (D) a territory of the United States;
                    (E) a local government;
                    (F) a port authority;
                    (G) a metropolitan planning organization;
                    (H) a transit agency;
                    (I) another political subdivision of a State or 
                local government; and
                    (J) 2 or more of the entities described in 
                subparagraphs (A) through (I), working in 
                collaboration.
            (2) Eligible project.--
                    (A) In general.--The term ``eligible project'' 
                means a transportation project that, as determined by 
                the Secretary, would have a significant beneficial 
                impact on a State, a metropolitan area, a region, or 
                the United States.
                    (B) Inclusions.--The term ``eligible project'' 
                includes--
                            (i) a highway or bridge project eligible 
                        for funding under chapter 1 of title 23, United 
                        States Code (including a project related to 
                        bicycles or pedestrians);
                            (ii) a public transportation project 
                        eligible for funding under chapter 53 of title 
                        49, United States Code;
                            (iii) a passenger or freight rail 
                        transportation project;
                            (iv) a port infrastructure project; and
                            (v) an intermodal project.
            (3) Eligible project costs.--
                    (A) In general.--The term ``eligible project 
                costs'' means costs relating to an eligible project, 
                such as the costs of--
                            (i) development phase activities, including 
                        planning, feasibility analysis, revenue 
                        forecasting, environmental review, permitting, 
                        preliminary engineering and design work, and 
                        other preconstruction activities;
                            (ii) construction, reconstruction, 
                        rehabilitation, replacement, and acquisition of 
                        real property (including land related to the 
                        eligible project and improvements to land), 
                        environmental mitigation, construction 
                        contingencies, and acquisition of equipment; 
                        and
                            (iii) capitalized interest necessary to 
                        meet market requirements, reasonably required 
                        reserve funds, capital issuance expenses, and 
                        other carrying costs during construction.
                    (B) Dredging activities.--The term ``eligible 
                project costs''--
                            (i) includes the costs of dredging 
                        activities that are part of a berth 
                        reconstruction or rehabilitation project; and
                            (ii) does not include the costs of dredging 
                        activities that are the responsibility of the 
                        Army Corps of Engineers.
            (4) Rural area.--The term ``rural area'' means any area not 
        in an urbanized area (as that term is defined by the Census 
        Bureau).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (6) State.--The term ``State'' means--
                    (A) any of the 50 States; or
                    (B) the District of Columbia.
            (7) Substantial completion.--The term ``substantial 
        completion'' means the opening of an eligible project to 
        vehicular or passenger traffic.

SEC. 3. NATIONAL INFRASTRUCTURE INVESTMENT PROGRAM.

    (a) Program.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall by regulation establish a program 
under which the Secretary shall provide competitive grants to eligible 
entities for use in carrying out eligible projects.
    (b) Grant Requirements.--
            (1) Amount.--Except as provided in paragraph (5)(B)(i), a 
        grant under this Act shall be in an amount that is not less 
        than $10,000,000 and not greater than $200,000,000.
            (2) Geographical distribution; balance; investment.--In 
        providing grants under this Act, the Secretary shall take such 
        measures as are necessary to ensure, to the maximum extent 
        practicable--
                    (A) an equitable geographical distribution of 
                funds;
                    (B) an appropriate balance in addressing the needs 
                of urban and rural areas; and
                    (C) investment in a variety of transportation 
                modes.
            (3) Maximum percentage per state.--Not more than 25 percent 
        of the amounts made available to provide grants under this Act 
        for a fiscal year may be provided for eligible projects in a 
        State.
            (4) Federal share.--
                    (A) In general.--Except as provided in paragraph 
                (5)(B)(ii), the Federal share of the cost of carrying 
                out any eligible project funded by a grant under this 
                Act shall be, at the option of the eligible entity 
                receiving the grant, up to 80 percent.
                    (B) Priority.--In providing grants under this Act, 
                the Secretary shall give priority to eligible projects 
                that require a contribution of Federal funds in order 
                to complete an overall financing package for the 
                eligible projects.
            (5) Eligible projects in rural areas.--
                    (A) In general.--Not less than 20 percent of the 
                amounts made available to provide grants under this Act 
                for a fiscal year shall be provided for eligible 
                projects located in rural areas.
                    (B) Minimum grant amount; federal share.--With 
                respect to an eligible project located in a rural 
                area--
                            (i) the minimum amount of a grant under 
                        this Act shall be $1,000,000; and
                            (ii) the Secretary may increase the Federal 
                        share of the cost of carrying out the eligible 
                        project up to 100 percent.
            (6) Set-asides for certain costs, projects, and 
        transfers.--Of the amounts made available under this Act for a 
        fiscal year, the Secretary may--
                    (A) use an amount not to exceed $20,000,000 for 
                grants that pay for the planning, preparation, or 
                design of eligible projects; and
                    (B) use an amount not to exceed $20,000,000 to fund 
                the provision and oversight of grants under this Act, 
                including transfers of funds from that amount to the 
                Administrators of the Federal Highway Administration, 
                the Federal Transit Administration, the Federal 
                Railroad Administration, and the Maritime 
                Administration to fund the provision and oversight of 
                grants under this Act for eligible projects under the 
                administrative jurisdiction of those agencies.
    (c) Selection Among Eligible Projects.--
            (1) Establishment.--The Secretary shall establish criteria 
        for use in selecting among eligible projects to receive funding 
        under this Act.
            (2) Selection criteria.--
                    (A) Primary selection criteria.--The Secretary 
                shall select among eligible projects by evaluating the 
                extent to which an eligible project provides 
                significant benefits to a State, a metropolitan area, a 
                region, or the United States, including the extent to 
                which an eligible project--
                            (i) improves the safety of transportation 
                        facilities and systems;
                            (ii) improves the condition of existing 
                        transportation facilities and systems;
                            (iii) contributes to economic 
                        competitiveness over the medium- to long-term;
                            (iv) improves the environment, improves 
                        energy efficiency, reduces dependence on oil, 
                        or reduces greenhouse gas emissions; and
                            (v) improves access to transportation 
                        facilities and systems.
                    (B) Secondary selection criteria.--In addition to 
                considering the primary selection criteria described in 
                subparagraph (A), the Secretary shall consider the 
                extent to which a project--
                            (i) uses innovative strategies or 
                        technologies to pursue any of those primary 
                        selection criteria; and
                            (ii) demonstrates strong collaboration 
                        among a broad range of participants, or the 
                        integration of transportation with other public 
                        service efforts.
    (d) Application Requirement.--The Secretary shall require an 
analysis of project benefits and costs in each application for a 
construction grant under this Act.
    (e) Federal Requirements.--The following provisions of law shall 
apply to funds made available under this Act and eligible projects 
carried out using those funds:
            (1) Subchapter IV of chapter 31 of title 40, United States 
        Code.
            (2) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
        2000d et seq.).
            (3) The National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.).
            (4) The Uniform Relocation Assistance and Real Property 
        Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
    (f) Transparency.--
            (1) In general.--The Secretary shall include in any notice 
        of funding availability a full description of how applications 
        will be evaluated against all selection criteria.
            (2) Consultations on decisions.--After provision of grants 
        and credit assistance under this Act for a fiscal year, the 
        Secretary (or a designee) shall be available to meet with any 
        applicant, at a time and place that is mutually acceptable to 
        the Secretary and the applicant, to review the application of 
        the applicant.

SEC. 4. TIFIA SUBSIDY AND ADMINISTRATIVE COSTS.

    The Secretary may use up to 20 percent of the amounts appropriated 
pursuant to the authorization under section 6 to pay the subsidy and 
administrative costs of projects eligible for Federal credit assistance 
under chapter 6 of title 23, United States Code, if the Secretary 
determines that such use of funds would advance the purposes of this 
Act.

SEC. 5. STATE AND LOCAL PERMITS.

    Financial assistance under this Act with respect to an eligible 
project shall not--
            (1) relieve any recipient of the assistance of any 
        obligation to obtain any required State or local permit or 
        approval with respect to the eligible project;
            (2) limit the right of any unit of State or local 
        government to approve or regulate any rate of return on private 
        equity invested in the eligible project; or
            (3) otherwise supersede any State or local law (including 
        any regulation) applicable to the construction or operation of 
        the eligible project.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this Act such sums as may be necessary for each of the fiscal years 
2016 through 2021.
    (b) Availability.--Amounts appropriated for a fiscal year pursuant 
to this section shall be available for obligation during the 3-year 
period beginning on the first day of such fiscal year.
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