[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2859 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 2859

To establish the Restoring Neighborhoods and Strengthening Communities 
                    Program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2021

   Ms. Williams of Georgia introduced the following bill; which was 
     referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To establish the Restoring Neighborhoods and Strengthening Communities 
                    Program, and for other purposes.

    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 ``Restoring Neighborhoods and 
Strengthening Communities Act''.

SEC. 2. RESTORING NEIGHBORHOODS AND STRENGTHENING COMMUNITIES PROGRAM.

    (a) Definitions.--In this section:
            (1) Capital construction grant.--The term ``capital 
        construction grant'' means a capital construction grant under 
        subsection (e).
            (2) Community engagement, education, and capacity building 
        grant.--The term ``community engagement, education, and 
        capacity building grant'' means a community engagement, 
        education, and capacity building grant under subsection (c).
            (3) Community land trust.--The term ``community land 
        trust'' means a nonprofit organization established or with the 
        responsibility, as applicable--
                    (A) to develop the real estate created by the 
                removal or capping of an infrastructural barrier; and
                    (B) to carry out anti-displacement or community 
                development strategies, including--
                            (i) affordable housing preservation and 
                        development;
                            (ii) homeownership and property improvement 
                        programs;
                            (iii) the development or rehabilitation of 
                        park space or recreation facilities; and
                            (iv) community revitalization and economic 
                        development projects.
            (4) Environmental justice community.--The term 
        ``environmental justice community'' means a community with 
        significant representation of communities of color, low-income 
        communities, or Tribal and indigenous populations that 
        experiences, or is at risk of experiencing, higher or more 
        adverse human health or environmental effects, as compared to 
        other communities.
            (5) Infrastructural barrier.--The term ``infrastructural 
        barrier'' means a highway (including a limited access highway), 
        a railway, a viaduct, a principal arterial facility, or any 
        other transportation facility for which the high speeds, grade 
        separation, or other design factors contribute to negative 
        health impacts on adjacent communities or create an obstacle to 
        connectivity, including--
                    (A) obstacles to walking, biking, and mobility;
                    (B) diminished access to destinations across the 
                infrastructural barrier; or
                    (C) barriers to the economic development of the 
                surrounding neighborhood.
            (6) Planning and feasibility study grant.--The term 
        ``planning and feasibility study grant'' means a planning and 
        feasibility study grant under subsection (e).
            (7) Program.--The term ``program'' means the program 
        established under subsection (b).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (9) Tribal government.--The term ``Tribal government'' 
        means the recognized governing body of any Indian or Alaska 
        Native tribe, band, nation, pueblo, village, community, 
        component band, or component reservation, individually 
        identified (including parenthetically) in the list published 
        most recently as of the date of enactment of this Act pursuant 
        to section 104 of the Federally Recognized Indian Tribe List 
        Act of 1994 (25 U.S.C. 5131).
    (b) Establishment.--
            (1) In general.--The Secretary shall establish a program to 
        help communities--
                    (A) identify infrastructural barriers within the 
                community that--
                            (i) create obstacles to mobility or 
                        economic development; or
                            (ii) expose the community to high levels of 
                        particulate matter, noise pollution, and other 
                        public health and safety risks;
                    (B) study the feasibility of improving, and develop 
                plans to improve, community connectivity, including 
                through--
                            (i) removal or retrofit of an 
                        infrastructural barrier; or
                            (ii) construction or adaptive reuse of 
                        facilities to mitigate the obstacle created by 
                        the infrastructural barrier by enhancing 
                        connectivity across the infrastructural 
                        barrier;
                    (C) plan the redevelopment of any land made 
                available by the removal or retrofit of the 
                infrastructural barrier, with a focus on improvements 
                that will benefit the populations impacted by or 
                previously displaced by the infrastructural barrier;
                    (D) access funding to carry out the activities 
                described in subparagraphs (B) and (C); and
                    (E) require the equity of any activities carried 
                out under the program, including by garnering community 
                engagement, avoiding displacement, and ensuring local 
                participation in jobs created through those activities.
            (2) Types of grants.--Under the program, the Secretary 
        shall award the following types of grants:
                    (A) Community engagement, education, and capacity 
                building grants.
                    (B) Planning and feasibility study grants.
                    (C) Capital construction grants.
            (3) Multiple grants permitted.--An eligible entity may 
        apply for and receive funding from more than 1 type of grant 
        described in paragraph (2).
    (c) Community Engagement, Education, and Capacity Building 
Grants.--
            (1) Eligible entities.--The Secretary may award a community 
        engagement, education, and capacity building grant to carry out 
        community engagement, education, and capacity building 
        activities described in paragraph (2) to--
                    (A) a unit of local government, a metropolitan 
                planning organization, or a group of local governments;
                    (B) a Tribal government or a consortium of Tribal 
                governments;
                    (C) a political subdivision of a State or local 
                government;
                    (D) a special purpose district or a public 
                authority with a transportation function; and
                    (E) a nonprofit organization.
            (2) Eligible activities.--A community engagement and 
        capacity building activity referred to in paragraph (1) 
        includes an activity--
                    (A) to educate community members about 
                opportunities to affect transportation and economic 
                development planning and investment decisions;
                    (B) to build organizational or community capacity 
                to engage in transportation and economic development 
                planning;
                    (C) to identify community needs and desires for 
                community improvements;
                    (D) to develop community-driven solutions to local 
                challenges;
                    (E) to conduct assessments of equity, mobility and 
                access, environmental justice, affordability, economic 
                opportunity, health outcomes, and other local goals;
                    (F) to form a Community Advisory Board in 
                accordance with subsection (f); and
                    (G) to engage community members in scenario 
                planning.
            (3) Federal share.--The Federal share of the cost of an 
        activity carried out with funds from a community engagement, 
        education, and capacity building grant may be up to 100 
        percent, at the discretion of the eligible entity.
            (4) Limitation.--Of the amounts made available to carry out 
        this section each fiscal year, the Secretary may use not more 
        than 20 percent to award community engagement, education, and 
        capacity building grants.
    (d) Planning and Feasibility Study Grants.--
            (1) Eligible entities.--
                    (A) In general.--The Secretary may award a planning 
                and feasibility study grant to carry out planning 
                activities described in paragraph (2) to--
                            (i) a State or group of States;
                            (ii) a unit of local government, a 
                        metropolitan planning organization, or a group 
                        of local governments;
                            (iii) a Tribal government or a consortium 
                        of Tribal governments;
                            (iv) a political subdivision of a State or 
                        local government;
                            (v) a special purpose district or a public 
                        authority with a transportation function;
                            (vi) a multi-State or multijurisdictional 
                        group of public entities; and
                            (vii) a nonprofit organization.
                    (B) Partnerships.--In the case of an eligible 
                entity that is not the owner of the infrastructural 
                barrier that is the subject of the planning and 
                feasibility study grant, the eligible entity shall 
                demonstrate the existence of a partnership with the 
                owner of the infrastructural barrier.
            (2) Eligible activities.--A planning activity referred to 
        in paragraph (1)(A) includes--
                    (A) development of designs and artistic renderings 
                to facilitate community engagement;
                    (B) traffic studies, nonmotorized accessibility 
                analyses, equity needs analyses, and collection of 
                other relevant data;
                    (C) planning studies to evaluate the feasibility of 
                removing or retrofitting an infrastructural barrier, or 
                the construction or constructive reuse of facilities to 
                mitigate the obstacle created by the infrastructural 
                barrier by enhancing connectivity across the 
                infrastructural barrier;
                    (D) public engagement activities to provide 
                opportunities for public input into a plan to remove, 
                convert, or mitigate an infrastructural barrier;
                    (E) environmental review, consultation, or other 
                action required under any Federal environmental law 
                relating to the review or approval of a project to 
                remove, retrofit, or mitigate an existing 
                infrastructural barrier;
                    (F) establishment of a community land trust; and
                    (G) other transportation planning activities 
                required in advance of a project to remove, retrofit or 
                mitigate an existing infrastructural barrier, as 
                determined by the Secretary.
            (3) Priority.--In selecting eligible entities to receive a 
        planning and feasibility study grant, the Secretary shall give 
        priority to eligible entities that seek to carry out a traffic 
        study that includes consideration of--
                    (A) safety;
                    (B) health impacts;
                    (C) levels of single-occupancy vehicular travel;
                    (D) access to jobs and services; and
                    (E) levels of traffic stress.
            (4) Federal share.--
                    (A) In general.--Subject to subparagraph (B), the 
                Federal share of the cost of an activity carried out 
                with funds from a planning and feasibility study grant 
                shall be not more than 80 percent.
                    (B) Waiver.--The Secretary may waive the non-
                Federal share requirement under subparagraph (A) if the 
                Secretary determines that the recipient of a grant 
                cannot meet the requirement due to financial hardship.
    (e) Capital Construction Grants.--
            (1) Eligible entities.--The Secretary may award a capital 
        construction grant to the owner of an infrastructural barrier 
        to carry out a project described in paragraph (3) for which all 
        necessary feasibility studies and other planning activities 
        have been completed.
            (2) Partnerships.--For the purpose of submitting an 
        application for a capital construction grant, an owner of an 
        infrastructural barrier may, if applicable, partner with--
                    (A) a State or group of States;
                    (B) a unit of local government, a metropolitan 
                planning organization, or a group of local governments;
                    (C) a Tribal government or a consortium of Tribal 
                governments;
                    (D) a political subdivision of a State or local 
                government;
                    (E) a special purpose district or a public 
                authority with a transportation function;
                    (F) a multi-State or multijurisdictional group of 
                public entities; or
                    (G) a nonprofit organization.
            (3) Eligible projects.--
                    (A) In general.--A project eligible to be carried 
                out with a capital construction grant includes--
                            (i) the removal of an infrastructural 
                        barrier;
                            (ii) the retrofit of an infrastructural 
                        barrier in a way that enhances community 
                        connectivity and is sensitive to the context of 
                        the surrounding community, including retrofits 
                        to a highway to cap the facility or replace the 
                        facility with an at-grade arterial roadway;
                            (iii) the construction or adaptive reuse of 
                        facilities that improve connectivity across the 
                        infrastructural barrier;
                            (iv) the replacement of an infrastructural 
                        barrier with a new use or facility that has 
                        been identified by members of the community; 
                        and
                            (v) the construction of other 
                        transportation improvements that address the 
                        mobility needs of the community.
                    (B) Exclusion.--Funds from a capital construction 
                grant shall not be used on a project that increases net 
                capacity for vehicular travel.
            (4) Priority for capital construction grants.--In selecting 
        eligible entities to receive a capital construction grant, the 
        Secretary shall give priority to eligible entities that--
                    (A) provide the majority of project benefits to 1 
                or more environmental justice communities;
                    (B) have entered into a community benefits 
                agreement with representatives of the community;
                    (C) have formed a Community Advisory Board under 
                subsection (f);
                    (D) have demonstrated a plan for improving transit 
                services, mobility for pedestrians and bicyclists, or 
                enhancing safety features for nonmotorists (as that 
                term is used in the Fatality Analysis Reporting System 
                of the National Highway Traffic Safety Administration);
                    (E) have demonstrated a plan for reducing 
                greenhouse gas emissions or improving air quality; or
                    (F) have demonstrated a plan for--
                            (i) employing residents in the area 
                        impacted by the activity or project through 
                        targeted hiring programs; and
                            (ii) contracting and subcontracting with 
                        disadvantaged business enterprises.
            (5) Requirements.--
                    (A) Community support.--In order to receive a 
                capital construction grant, the owner of the applicable 
                infrastructural barrier shall demonstrate that the 
                project is supported by the community in the immediate 
                vicinity of the project.
                    (B) Anti-displacement policy or community land 
                trust required.--In order to receive a capital 
                construction grant, the owner of the applicable 
                infrastructural barrier shall demonstrate that the 
                project serves a community in which an anti-
                displacement policy or a community land trust is in 
                effect.
                    (C) Buy america.--A capital construction grant may 
                not be used to carry out an eligible project unless the 
                project complies with section 313 of title 23, United 
                States Code.
            (6) Federal share.--
                    (A) In general.--Except as provided in 
                subparagraphs (B) and (C), the Federal share of the 
                cost of a project carried out with a capital 
                construction grant may be not more than 80 percent.
                    (B) Waiver.--The Secretary may waive the non-
                Federal share requirement under subparagraph (A) if the 
                Secretary determines that the recipient of a grant 
                cannot meet the requirement due to financial hardship.
                    (C) Maximum federal involvement.--Federal 
                assistance other than a capital construction grant may 
                be used to satisfy the non-Federal share of the cost of 
                a project for which the grant is awarded.
    (f) Community Advisory Board.--
            (1) In general.--To help achieve inclusive economic 
        development benefits, an eligible entity may form a community 
        advisory board, which shall--
                    (A) facilitate community engagement with respect to 
                the activity or project proposed to be carried out; and
                    (B) track progress with respect to commitments of 
                the eligible entity to inclusive employment, 
                contracting, and economic development under the 
                activity or project.
            (2) Membership.--If an eligible entity forms a community 
        advisory board under paragraph (1), the community advisory 
        board shall be composed of representatives of--
                    (A) residents in the immediate vicinity of the 
                project;
                    (B) owners of businesses that serve the community;
                    (C) labor organizations that represent workers that 
                serve the community; and
                    (D) State and local government.
            (3) Collection of demographic information.--
                    (A) Collection.--The Secretary shall provide for 
                the collection of demographic information of the 
                membership of community advisory boards formed under 
                paragraph (1).
                    (B) Access to information.--The Secretary shall 
                establish appropriate procedures--
                            (i) to protect the personally identifying 
                        information submitted under subparagraph (A); 
                        and
                            (ii) to ensure that any information 
                        collected under this paragraph is not included 
                        when an application for a grant under this 
                        section is examined.
                    (C) Report to congress.--The Secretary shall, on a 
                biennial basis, submit to Congress a report that--
                            (i) evaluates the information collected 
                        under this paragraph; and
                            (ii) includes recommendations--
                                    (I) to improve the diversity of 
                                community advisory boards formed under 
                                paragraph (1); and
                                    (II) to improve data collection 
                                under this paragraph.
    (g) Study on Infrastructural Barriers.--
            (1) In general.--The Secretary shall conduct a study--
                    (A) to identify communities across the United 
                States that have infrastructural barriers; and
                    (B) to measure the environmental, public health, 
                and economic harm done to the communities identified 
                under subparagraph (A) as a result of those 
                infrastructural barriers.
            (2) Consultation.--In conducting the study under paragraph 
        (1), the Secretary shall consult with--
                    (A) State departments of transportation;
                    (B) units of local government, Tribal governments, 
                and metropolitan planning organizations that represent 
                jurisdictions impacted by infrastructural barriers; and
                    (C) special purpose districts and public 
                authorities with a transportation function.
            (3) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to Congress 
        and make publicly available a report describing the results of 
        the study conducted under paragraph (1).
            (4) Map.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall establish an online 
        tool to map infrastructural barriers identified in the study 
        conducted under paragraph (1).
    (h) Davis-Bacon.--
            (1) In general.--Notwithstanding any other provision of 
        law, all laborers and mechanics employed by contractors or 
        subcontractors on projects carried out in whole or in part 
        using a grant under the program shall be paid wages at rates 
        not less than those prevailing on projects of a similar 
        character in the locality as determined by the Secretary of 
        Labor in accordance with subchapter IV of chapter 31 of title 
        40, United States Code (commonly known as the ``Davis-Bacon 
        Act'').
            (2) Authority.--With respect to the labor standards 
        specified in paragraph (1), the Secretary of Labor shall have 
        the authority and functions set forth in Reorganization Plan 
        Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 
        3145 of title 40, United States Code.
    (i) Administrative Costs.--For each fiscal year, the Secretary may 
use not more than 2 percent of the amounts made available for the 
program for the costs of administering the program.
    (j) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Environment 
and Public Works of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report that--
            (1) assesses the impacts and benefits of highway removals 
        on congestion, mobility, and safety in the project vicinity, 
        and the extent to which those impacts differ from projected 
        impacts;
            (2) includes recommendations for how traffic forecasting 
        should--
                    (A) consider nonmotorized travel demand; and
                    (B) track and be updated in response to observed 
                travel behavior responses to changes in transportation 
                capacity and land use; and
            (3) includes recommendations for how environmental reviews 
        for projects funded under the Federal-aid highway program 
        should consider, identify, and quantify, during project 
        development, any diminished access, including nonmotorized 
        access, that will result from the project.
    (k) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out the program $3,000,000,000 for each of fiscal years 
        2022 through 2026.
            (2) Environmental justice communities.--Of the amounts made 
        available under paragraph (1) for each fiscal year, not less 
        than 40 percent shall be directed towards environmental justice 
        communities.
                                 <all>