[Congressional Record Volume 167, Number 137 (Monday, August 2, 2021)]
[Senate]
[Pages S5600-S5602]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2176. Mr. CARDIN (for himself, Mr. Padilla, and Mr. Warnock) 
submitted an amendment intended to be proposed to amendment SA 2137 
proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. 
Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. 
Murkowski, Mr. Warner, and Mr. Romney)) 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:

       On page 35, lines 10 and 11, strike ``pilot''.
       On page 35, line 14, strike ``pilot''.
       On page 35, line 19, strike ``pilot''.
       Strike section 11509 and insert the following:

     SEC. 11509. RECONNECTING COMMUNITIES PROGRAM.

       (a) Definitions.--In this section:
       (1) Anti-displacement policy.--The term ``anti-displacement 
     policy'' means a policy that limits the displacement of low-
     income, disadvantaged, and underserved communities from 
     neighborhoods due to new investments in housing, businesses, 
     and infrastructure.
       (2) Area of persistent poverty.--The term ``area of 
     persistent poverty'' means--
       (A) any county that has had 20 percent or more of the 
     population of the county living in poverty over the past 30 
     years, as measured by the 1990 and 2000 decennial censuses 
     and the most recent Small Area Income and Poverty Estimates 
     as estimated by the Bureau of the Census;
       (B) any census tract with a poverty rate of at least 20 
     percent, as measured by the most recent 5-year data series 
     available from the American Community Survey of the Bureau of 
     the Census for all States and Puerto Rico; or
       (C) any other territory of the United States that has had 
     20 percent or more of its population living in poverty over 
     the past 30 years, as measured by the 1990, 2000, and 2010 
     decennial censuses, or equivalent data, of the Bureau of the 
     Census.
       (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 eligible facility; 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) Eligible facility.--
       (A) In general.--The term ``eligible facility'' means a 
     highway or other transportation facility that creates a 
     barrier to community connectivity, including barriers to 
     mobility, access, or economic development, due to high 
     speeds, grade separations, or other design factors.
       (B) Inclusions.--The term ``eligible facility'' may 
     include--
       (i) a limited access highway;
       (ii) a railway;
       (iii) a viaduct;
       (iv) a principal arterial facility; or
       (v) any other transportation facility for which the high 
     speeds, grade separation, or other design factors create an 
     obstacle to connectivity.
       (b) Establishment.--
       (1) In general.--The Secretary shall establish a 
     reconnecting communities program under which an eligible 
     entity may apply for funding, in order to identify, remove, 
     replace, retrofit, mitigate, or remediate the effects from 
     eligible facilities and restore or improve community 
     connectivity, mobility, and access in disadvantaged and 
     underserved communities--
       (A) to study the feasibility and impacts of removing, 
     retrofitting, mitigating, or remediating the effects on 
     community connectivity from an existing eligible facility;
       (B) to conduct planning activities, including preliminary 
     engineering and final design activities, for a project to 
     remove, retrofit, mitigate, or remediate the effects on 
     community connectivity from an existing eligible facility; 
     and
       (C) to conduct construction activities necessary to carry 
     out a project to remove, retrofit, mitigate, or remediate the 
     effects on community connectivity from an existing eligible 
     facility.
       (2) Focus.--The Secretary shall ensure that any activities 
     carried out under this section--
       (A) focus on improvements that will benefit the populations 
     impacted by or previously displaced by the eligible facility; 
     and
       (B) emphasize equity by garnering community engagement, 
     avoiding future displacement, and ensuring local 
     participation in the planning process.
       (c) Planning Grants.--
       (1) Eligible entities.--
       (A) In general.--The Secretary may award a grant (referred 
     to in this section as a ``planning grant'') to carry out 
     planning activities described in paragraph (2) to--
       (i) a State;
       (ii) a unit of local government;
       (iii) a Tribal government;
       (iv) a territory;
       (v) a metropolitan planning organization;
       (vi) a transit agency;
       (vii) a special purpose district with a transportation 
     function; and
       (viii) a group of entities described in this subparagraph.
       (B) Partnerships.--An eligible entity may enter into an 
     agreement with the following entities to carry out the 
     eligible activities under this subsection:
       (i) A nonprofit organization.
       (ii) An institution of higher education (as defined in 
     section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1001)), including minority serving institutions and 
     historically Black colleges and universities (which shall 
     have the meaning given the term ``Predominantly Black 
     institution'' as defined in section 371(c) of the Higher 
     Education Act of 1965 (20 U.S.C. 1067q(c))).
       (2) Eligible activities described.--The planning activities 
     referred to in paragraph (1) are--
       (A) planning studies to evaluate the feasibility of 
     removing, retrofitting, mitigating, or remediating an 
     existing eligible facility

[[Page S5601]]

     to restore community connectivity, including evaluations of--
       (i) current traffic patterns on the eligible facility 
     proposed for removal, retrofit, mitigation, or remediation 
     and the surrounding street network;
       (ii) the capacity of existing transportation networks to 
     maintain mobility needs;
       (iii) an analysis of alternative roadway designs or other 
     uses for the right-of-way of the eligible facility, including 
     an analysis of whether the available right-of-way would 
     suffice to create an alternative roadway design;
       (iv) the effect of the removal, retrofit, mitigation, or 
     remediation of the eligible facility on the mobility of 
     freight and people;
       (v) the effect of the removal, retrofit, mitigation, or 
     remediation of the eligible facility on the safety of the 
     traveling public;
       (vi) the cost to remove, retrofit, mitigate, or remediate 
     the eligible facility--

       (I) to restore community connectivity; and
       (II) to convert the eligible facility to a roadway design 
     or use that increases safety, mobility, and access for all 
     users, compared to any expected costs for necessary 
     maintenance or reconstruction of the eligible facility;

       (vii) the anticipated economic impact of removing, 
     retrofitting, mitigating, or remediating and converting the 
     eligible facility and any economic development opportunities 
     that would be created by removing, retrofitting, mitigating, 
     or remediating and converting the eligible facility;
       (viii) the environmental impacts of retaining or 
     reconstructing the eligible facility and the anticipated 
     effect of the proposed alternative use or roadway design; and
       (ix) the community impacts and equity analyses of retaining 
     or reconstructing the eligible facility on the surrounding 
     communities, including--

       (I) the demographic breakdown of the impacted community by 
     race and socioeconomic status; and
       (II) the displacement or disconnection that occurred within 
     the community as a result of the existing facility;

       (B) public engagement activities to provide opportunities 
     for public input into a plan to remove, replace, retrofit, 
     mitigate, or remediate the effects from an eligible facility, 
     including--
       (i) building organizational or community capacity to, and 
     educating community members on how to, engage in and 
     contribute to eligible planning activities described in this 
     paragraph;
       (ii) identifying community needs and desires for community 
     improvements and developing community-driven solutions in 
     carrying out eligible planning activities described in this 
     paragraph;
       (iii) conducting assessments of equity, mobility and 
     access, environmental justice, affordability, economic 
     opportunity, health outcomes, and other local goals to be 
     used in carrying out eligible planning activities described 
     in this paragraph; and
       (iv) forming a community advisory board in accordance with 
     subsection (d)(7);
       (C) other transportation planning activities required in 
     advance of a project to remove, retrofit, mitigate, or 
     remediate an existing eligible facility to restore community 
     connectivity, as determined by the Secretary;
       (D) evaluating land use and zoning changes necessary to 
     improve equity and maximize transit-oriented development in 
     connection with a project eligible for a capital construction 
     grant; and
       (E) establishment of anti-displacement and equitable 
     neighborhood revitalization strategies in connection with a 
     project eligible for a capital construction grant, including 
     establishment of a community land trust for land acquisition, 
     land banking, and equitable transit-oriented development.
       (3) Technical assistance program.--
       (A) In general.--The Secretary may provide technical 
     assistance described in subparagraph (B) to an eligible 
     entity described in paragraph (1).
       (B) Technical assistance described.--The technical 
     assistance referred to in subparagraph (A) is technical 
     assistance in building organizational or community capacity--
       (i) to engage in transportation planning; and
       (ii) to identify innovative solutions to challenges posed 
     by existing eligible facilities, including reconnecting 
     communities that--

       (I) are bifurcated by eligible facilities; or
       (II) lack safe, reliable, and affordable transportation 
     choices.

       (C) Priorities.--In selecting recipients of technical 
     assistance under subparagraph (A), the Secretary shall give 
     priority to an application from--
       (i) a community that is economically disadvantaged; or
       (ii) a community that is at high risk for economic 
     displacement.
       (4) Selection.--The Secretary shall--
       (A) solicit applications for--
       (i) planning grants; and
       (ii) technical assistance under paragraph (3); and
       (B) evaluate applications for a planning grant on the basis 
     of the demonstration by the applicant that--
       (i) the eligible facility is aged and is likely to need 
     replacement or significant reconstruction within the 20-year 
     period beginning on the date of the submission of the 
     application;
       (ii) the eligible facility--

       (I) creates barriers to mobility, access, or economic 
     development; or
       (II) is not justified by current and forecast future travel 
     demand; and

       (iii) on the basis of preliminary assessments into the 
     feasibility of removing, retrofitting, mitigating, or 
     remediating the eligible facility to restore community 
     connectivity and increase safety, mobility, and access for 
     all users, further planning activities are necessary and 
     likely to be productive.
       (5) Award amounts.--A planning grant may not exceed 
     $2,000,000 per recipient.
       (6) Federal share.--The total Federal share of the cost of 
     a planning activity for which a planning grant is used shall 
     not exceed 80 percent.
       (d) Capital Construction Grants.--
       (1) Eligible entities.--The Secretary may award a grant 
     (referred to in this section as a ``capital construction 
     grant'') to the owner of an eligible facility to carry out an 
     eligible project described in paragraph (3) for which all 
     necessary feasibility studies and other planning activities 
     have been completed.
       (2) Partnerships.--An owner of an eligible facility may, 
     for the purposes of submitting an application for a capital 
     construction grant, if applicable, partner with--
       (A) a State;
       (B) a unit of local government;
       (C) a Tribal government;
       (D) a metropolitan planning organization;
       (E) a transit agency;
       (F) a special purpose district with a transportation 
     function;
       (G) a territory;
       (H) a nonprofit organization; or
       (I) a group of entities described in this paragraph.
       (3) Eligible projects.--A project eligible to be carried 
     out with a capital construction grant includes--
       (A) the removal, retrofit, mitigation, or remediation of 
     the effects on community connectivity from an eligible 
     facility, including a project to deck over a limited-access 
     highway or other eligible facility;
       (B) the replacement of an eligible facility with a new 
     facility that--
       (i) restores community connectivity;
       (ii) employs context-sensitive solutions appropriate for 
     the surrounding community; and
       (iii) is otherwise eligible for funding under title 23, 
     United States Code;
       (C) support for community partnerships, including a 
     community advisory board described under paragraph (7), in 
     connection with a capital construction grant awarded under 
     this subsection; and
       (D) other activities required to remove, replace, retrofit, 
     mitigate, or remediate an existing eligible facility, as 
     determined by the Secretary.
       (4) Selection.--The Secretary shall--
       (A) solicit applications for capital construction grants; 
     and
       (B) evaluate applications on the basis of--
       (i) the degree to which the project will improve mobility 
     and access through the removal of barriers;
       (ii) the appropriateness of removing, retrofitting, 
     mitigating, or remediating the effects on community 
     connectivity from the eligible facility, based on current 
     traffic patterns and the ability of the project and the 
     regional transportation network to absorb transportation 
     demand and provide safe mobility and access;
       (iii) the impact of the project on freight movement;
       (iv) the results of a cost-benefit analysis of the project;
       (v) the extent to which the applicant has plans for 
     inclusive economic development in place, including the 
     existing land use and whether the zoning provides for 
     equitable and transit-oriented development of underutilized 
     land;
       (vi) the degree to which the eligible facility is out of 
     context with the current or planned land use;
       (vii) the results of any feasibility study completed for 
     the project;
       (viii) the plan of the applicant for--

       (I) employing residents in the area impacted by the project 
     through targeted hiring programs, in partnership with 
     registered apprenticeship programs, if applicable; and
       (II) encouraging community-based entrepreneurship and small 
     business expansion;

       (ix) whether the eligible facility is likely to need 
     replacement or significant reconstruction within the 20-year 
     period beginning on the date of the submission of the 
     application;
       (x) whether the project is consistent with the relevant 
     long-range transportation plan and included in the relevant 
     statewide transportation improvement program;
       (xi) whether the project is consistent with, and how the 
     project would impact, the relevant transportation performance 
     management targets; and
       (xii) the extent to which the project benefits populations 
     impacted by or previously displaced by the eligible facility;
       (C) ensure that the project has conducted sufficient 
     community engagement, such as the activities described in 
     subsection (c)(2)(B); and
       (D) ensure that the jurisdiction in which the eligible 
     facility is located has an anti-displacement policy or a 
     community land trust in place.
       (5) Minimum award amounts.--A capital construction grant 
     shall be in an amount not less than $5,000,000 per recipient.
       (6) Federal share.--

[[Page S5602]]

       (A) In general.--Subject to subparagraph (B), a capital 
     construction grant may not exceed 50 percent of the total 
     cost of the project for which the grant is awarded.
       (B) 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, except that the total Federal assistance 
     provided for a project for which the grant is awarded may not 
     exceed 80 percent of the total cost of the project.
       (7) Community advisory board.--
       (A) In general.--To help achieve inclusive economic 
     development benefits with respect to the project for which a 
     grant is awarded, a grant recipient may form a community 
     advisory board, which, if formed, shall--
       (i) facilitate community engagement with respect to the 
     project; and
       (ii) track progress with respect to commitments of the 
     grant recipient to inclusive employment, contracting, and 
     economic development under the project.
       (B) Membership.--If a grant recipient forms a community 
     advisory board under subparagraph (A), the community advisory 
     board shall be composed of representatives of--
       (i) the community, including residents in the immediate 
     vicinity of the project;
       (ii) owners of businesses that serve the community;
       (iii) labor organizations that represent workers that serve 
     the community;
       (iv) State and local government; and
       (v) private and nonprofit organizations that represent 
     local community development.
       (C) Diversity.--The community advisory board formed under 
     subparagraph (A) shall be representative of the community 
     served by the project.
       (e) Priorities.--In selecting recipients of planning 
     grants, capital construction grants, and technical assistance 
     under this section, the Secretary shall give priority to--
       (1) an application from a community that is economically 
     disadvantaged or high risk of displacement, including an 
     environmental justice community, an underserved community, or 
     a community located in an area of persistent poverty; and
       (2) an eligible entity that has--
       (A) entered into a community benefits agreement with 
     representatives of the community or formed a community 
     advisory board under paragraph (7) of subsection (d);
       (B) demonstrated a plan for employing residents in the area 
     impacted by the activity or project through targeted hiring 
     programs; and
       (C) demonstrated a plan for improving transportation system 
     access.
       (f) Administrative Expenses.--Of the amounts made available 
     to carry out this section, the Secretary may set aside not 
     more 2 percent for the costs of administering the program 
     under this section.
       (g) Reports.--
       (1) Usdot report on program.--Not later than January 1, 
     2026, 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--
       (A) evaluates the program under this section; and
       (B) that--
       (i) includes information about the level of applicant 
     interest in planning grants, technical assistance under 
     subsection (c)(3), and capital construction grants, including 
     the extent to which overall demand exceeded available funds;
       (ii) includes, for recipients of capital construction 
     grants, the outcomes and impacts of the projects carried out 
     with the grant, including--

       (I) any changes in the overall level of mobility, 
     congestion, access, and safety in the project area; and
       (II) environmental impacts and economic development 
     opportunities in the project area;

       (iii) assesses projects funded under subsection (d) to 
     provide best practices.
       (2) Gao report on highway removals.--Not later than 2 years 
     after the date of enactment of this Act, the Comptroller 
     General of the United States shall issue a report that--
       (A) identifies examples of projects to remove highways 
     using Federal highway funds;
       (B) evaluates the effect of highway removal projects on the 
     surrounding area, including impacts to the local economy, 
     congestion effects, safety outcomes, and impacts on the 
     movement of freight and people;
       (C) evaluates the existing Federal-aid program eligibility 
     under title 23, United States Code, for highway removal 
     projects;
       (D) analyzes the costs and benefits of and barriers to 
     removing underutilized highways that are nearing the end of 
     their useful life compared to replacing or reconstructing the 
     highway; and
       (E) provides recommendations for integrating those 
     assessments into transportation planning and decision-making 
     processes.
       (3) Eligibility guidance.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary shall publish 
     guidance describing the eligibility of funds apportioned 
     under section 104(b) of title 23, United States Code, for 
     activities eligible for assistance under this section.
       (h) Technical Assistance.--Of the funds made available to 
     carry out this section for planning grants, the Secretary may 
     use not more than $15,000,000 during the period of fiscal 
     years 2022 through 2026 to provide technical assistance under 
     subsection (c)(3).
                                 ______