[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 614 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 614

 To amend title 23, United States Code, to improve the transportation 
             alternatives program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2021

Mr. Cardin (for himself and Mr. Wicker) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend title 23, United States Code, to improve the transportation 
             alternatives 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 ``Transportation Alternatives 
Enhancements Act''.

SEC. 2. TRANSPORTATION ALTERNATIVES PROGRAM.

    (a) Set-Aside.--Section 133(h)(1) of title 23, United States Code, 
is amended--
            (1) in the heading, by striking ``Reservation of funds'' 
        and inserting ``In general''; and
            (2) in the matter preceding subparagraph (A), by striking 
        ``for each fiscal year'' and all that follows through the 
        period at the end of subparagraph (B)(ii) and inserting ``for 
        fiscal year 2022 and each fiscal year thereafter, the Secretary 
        shall set aside an amount equal to 10 percent to carry out this 
        subsection.''.
    (b) Allocation.--Section 133(h) of title 23, United States Code, is 
amended by striking paragraph (2) and inserting the following:
            ``(2) Allocation within a state.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), funds set aside for a State under 
                paragraph (1) shall be obligated within that State in 
                the manner described in subsection (d), except that, 
                for purposes of this paragraph (after funds are made 
                available under paragraph (5))--
                            ``(i) for fiscal year 2022 and each fiscal 
                        year thereafter, the percentage referred to in 
                        paragraph (1)(A) of that subsection shall be 
                        deemed to be 66 percent; and
                            ``(ii) paragraph (3) of subsection (d) 
                        shall not apply.
                    ``(B) Local control.--A State may allocate up to 
                100 percent of the funds referred to in subparagraph 
                (A)(i) if--
                            ``(i) the State submits to the Secretary a 
                        plan that describes--
                                    ``(I) how funds will be allocated 
                                to counties, metropolitan planning 
                                organizations, regional transportation 
                                planning organizations as described in 
                                section 135(m), or local governments;
                                    ``(II) how the entities described 
                                in subclause (I) will carry out a 
                                competitive process to select projects 
                                for funding and report selected 
                                projects to the State;
                                    ``(III) how input was gathered from 
                                the entities described in subclause (I) 
                                to ensure those entities are able and 
                                willing to comply with the requirements 
                                of this subsection; and
                                    ``(IV) how the State will comply 
                                with paragraph (8); and
                            ``(ii) the Secretary approves the plan 
                        submitted under clause (i).''.
    (c) Eligible Projects.--Section 133(h)(3) of title 23, United 
States Code, is amended by striking ``reserved'' and inserting ``set 
aside''.
    (d) Access to Funds.--Section 133(h)(4) of title 23, United States 
Code, is amended--
            (1) by striking subparagraph (A);
            (2) by redesignating subparagraph (B) as subparagraph (A);
            (3) in subparagraph (A) (as so redesignated)--
                    (A) by redesignating clauses (vii) and (viii) as 
                clauses (viii) and (ix), respectively;
                    (B) by inserting after clause (vi) the following:
                            ``(vii) a metropolitan planning 
                        organization that serves an urbanized area with 
                        a population of 200,000 or fewer;'';
                    (C) in clause (viii) (as so redesignated), by 
                striking ``responsible'' and all that follows through 
                ``programs''; and
                    (D) in clause (ix) (as so redesignated), by 
                inserting ``that serves an urbanized area with a 
                population of over 200,000'' after ``metropolitan 
                planning organization''; and
            (4) by adding at the end the following:
                    ``(B) Competitive process.--A State or metropolitan 
                planning organization required to obligate funds in 
                accordance with paragraph (2) shall develop a 
                competitive process to allow eligible entities to 
                submit projects for funding that achieve the objectives 
                of this subsection.
                    ``(C) Selection.--A metropolitan planning 
                organization for an area described in subsection 
                (d)(1)(A)(i) shall select projects under the 
                competitive process described in subparagraph (B) in 
                consultation with the relevant State.
                    ``(D) Prioritization.--The competitive process 
                described in subparagraph (B) shall include 
                prioritization of project location and impact in high-
                need areas as defined by the State, such as low-income, 
                transit-dependent, rural, or other areas.''.
    (e) Continuation of Certain Recreational Trails Projects.--Section 
133(h)(5)(A) of title 23, United States Code, is amended by striking 
``reserved under this section'' and inserting ``set aside under this 
subsection''.
    (f) State Flexibility.--Section 133(h)(6) of title 23, United 
States Code, is amended--
            (1) in subparagraph (B), by striking ``reserved'' and 
        inserting ``set aside''; and
            (2) by adding at the end the following:
                    ``(C) Improving accessibility and efficiency.--
                            ``(i) In general.--A State may use an 
                        amount equal to not more than 5 percent of the 
                        funds set aside for the State under this 
                        subsection, after allocating funds in 
                        accordance with paragraph (2)(A), to improve 
                        the ability of applicants to access funding for 
                        projects under this subsection in an efficient 
                        and expeditious manner by--
                                    ``(I) providing to applicants for 
                                projects under this subsection 
                                application assistance, technical 
                                assistance, and assistance in reducing 
                                the period of time between the 
                                selection of the project and the 
                                obligation of funds for the project; 
                                and
                                    ``(II) by providing funding for 1 
                                or more full-time State employee 
                                positions to administer this 
                                subsection.
                            ``(ii) Use of funds.--Amounts used under 
                        clause (i) may be expended--
                                    ``(I) directly by the State; or
                                    ``(II) through contracts with State 
                                agencies, private entities, or 
                                nonprofit entities.''.
    (g) Federal Share.--Section 133(h) of title 23, United States Code, 
is amended--
            (1) by redesignating paragraph (7) as paragraph (8); and
            (2) by inserting after paragraph (6) the following:
            ``(7) Federal share.--
                    ``(A) Required aggregate non-federal share.--The 
                average annual non-Federal share of the total cost of 
                all projects for which funds are obligated under this 
                subsection in a State for a fiscal year shall be not 
                less than the non-Federal share authorized for the 
                State under section 120(b).
                    ``(B) Flexible financing.--Subject to subparagraph 
                (A), notwithstanding section 120--
                            ``(i) funds made available to carry out 
                        section 148 may be credited toward the non-
                        Federal share of the costs of a project under 
                        this subsection if the project--
                                    ``(I) is an eligible project 
                                described in section 148(e)(1); and
                                    ``(II) contributes to the annual 
                                safety performance targets of the 
                                State;
                            ``(ii) the non-Federal share for a project 
                        under this subsection may be calculated on a 
                        project, multiple-project, or program basis; 
                        and
                            ``(iii) the Federal share of the cost of an 
                        individual project in this section may be up to 
                        100 percent.''.
    (h) Improved Transparency.--Paragraph (8)(A) of section 133(h) of 
title 23, United States Code (as redesignated by subsection (g)(1)), is 
amended--
            (1) in the matter preceding clause (i), by striking 
        ``describes'' and inserting ``includes''; and
            (2) by striking clause (ii) and inserting the following:
                            ``(ii) a list of each project selected for 
                        funding for each fiscal year, including, for 
                        each project--
                                    ``(I) the fiscal year during which 
                                the project was selected;
                                    ``(II) the fiscal year in which the 
                                project is anticipated to be funded;
                                    ``(III) the recipient;
                                    ``(IV) the location, including the 
                                congressional district;
                                    ``(V) the type; and
                                    ``(VI) a brief description.''.
    (i) State Transferability.--Section 126(b)(2) of title 23, United 
States Code, is amended--
            (1) by striking the period at the end and inserting ``; 
        and'';
            (2) by striking ``for a fiscal year may'' and inserting the 
        following: ``for a fiscal year--
                    ``(A) may''; and
            (3) by adding at the end the following:
                    ``(B) may only be transferred if the Secretary 
                certifies that the State--
                            ``(i) held a competition in compliance with 
                        the guidance issued to carry out section 133(h) 
                        and provided sufficient time for applicants to 
                        apply;
                            ``(ii) offered to each eligible entity, and 
                        provided on request of an eligible entity, 
                        technical assistance; and
                            ``(iii) demonstrates that there were not 
                        sufficiently suitable applications from 
                        eligible entities to use the funds to be 
                        transferred.''.
    (j) Effective Date.--This section and the amendments made by this 
section shall take effect on October 1, 2021.
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