[Congressional Record Volume 167, Number 137 (Monday, August 2, 2021)]
[Senate]
[Pages S5588-S5589]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2166. Mr. WARNOCK submitted an amendment intended to be proposed 
by him to the bill H.R. 3684, to authorize funds for Federal-aid 
highways, highway safety programs, and transit programs, and for other 
purposes; which was ordered to lie on the table; as follows:

        In section 30005, add at the end the following:
       (c) Commuter or Destination-based Bus Rapid Transit 
     Projects.--Section 5309 of title 49, United States Code, is 
     amended--
       (1) in subsection (a) (as amended by subsection (a))--
       (A) by redesignating paragraphs (2) through (6) as 
     paragraphs (3) through (7);
       (B) by inserting after paragraph (1) the following:
       ``(2) Commuter or destination-based bus rapid transit 
     project.--The term `commuter or destination-based bus rapid 
     transit project' means a small start project utilizing 
     buses--
       ``(A) in which the project represents a substantial 
     investment in a defined corridor, as demonstrated by features 
     that emulate the services provided by commuter rail or other 
     rail fixed guideway public transportation systems, 
     including--
       ``(i) defined stations;
       ``(ii) traffic signal or access to managed lanes for public 
     transportation vehicles;
       ``(iii) short headway services for a substantial part of 
     weekdays; and
       ``(iv) any other features the Secretary may determine 
     support a long-term corridor investment; and
       ``(B) in which--
       ``(i) the majority of the project does not operate in a 
     separated right-of-way dedicated for public transportation 
     use during peak periods; and
       ``(ii) a substantial portion of the project operates in a 
     highway right-of-way.'';
       (2) in subsection (h), by adding at the end the following:
       ``(8) Commuter or destination-based bus rapid transit 
     project ratings.--In issuing policy guidance under subsection 
     (g)(5), the Secretary may establish alternative evaluation 
     criteria for commuter or destination-based bus rapid transit 
     projects for--
       ``(A) economic development effects associated with those 
     projects; or
       ``(B) policies and land use patterns that support public 
     transportation.''; and
       (3) in subsection (m), by adding at the end the following:
       ``(3) Cost of carrying out planning and activities required 
     under the national environmental policy act of 1969.--
       ``(A) In general.--Subject to subparagraph (B), the cost of 
     carrying out the planning and activities required under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.), including planning and activities carried out prior to 
     a project entering into the project development phase, shall 
     be counted toward the net capital project cost for purposes 
     of paragraph (1).
       ``(B) Guidance.--The Secretary shall provide guidance to 
     applicants on the costs of planning and activities required 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) that are eligible to be counted under 
     subparagraph (A).''.

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