[Congressional Record Volume 167, Number 138 (Tuesday, August 3, 2021)]
[Senate]
[Pages S5750-S5752]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2367. Ms. WARREN (for herself, Mr. Markey, and Mrs. Gillibrand) 
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:

       In section 11101(a)(5), in the matter preceding 
     subparagraph (A), strike ``(5) Nationally significant freight 
     and highway projects.--For nationally significant freight and 
     highway projects under section 117'' and inserting ``(5) 
     Projects of national and regional significance.--For projects 
     of national and regional significance under section 117''
       Strike section 11110 and insert the following:

     SEC. 11110. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.

       (a) In General.--Section 117 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 117. Projects of national and regional significance

       ``(a) Establishment.--The Secretary shall establish a 
     projects of national and regional significance program under 
     which the Secretary may make grants to, and establish 
     multiyear grant agreements with, eligible entities in 
     accordance with this section.
       ``(b) Applications.--To be eligible for a grant under this 
     section, an eligible entity shall submit to the Secretary an 
     application in such form, in such manner, and containing such 
     information as the Secretary may require.
       ``(c) Grant Amounts and Project Costs.--
       ``(1) In general.--Each grant made under this section--
       ``(A) shall be in an amount that is at least $25,000,000; 
     and
       ``(B) shall be for a project that has eligible project 
     costs that are reasonably anticipated to equal or exceed the 
     lesser of--
       ``(i) $100,000,000; or
       ``(ii) in the case of a project--

       ``(I) located in 1 State or territory, 30 percent of the 
     amount apportioned under this chapter to the State or 
     territory in the most recently completed fiscal year; or
       ``(II) located in more than 1 State or territory, 50 
     percent of the amount apportioned under this chapter to the 
     participating State or territory with the largest 
     apportionment under this chapter in the most recently 
     completed fiscal year.

       ``(2) Large projects.--For a project that has eligible 
     project costs that are reasonably anticipated to equal or 
     exceed $500,000,000, a grant made under this section--
       ``(A) shall be in an amount sufficient to fully fund the 
     project, or in the case of a public transportation project, a 
     minimum operable segment, in combination with other funding 
     sources, including non-Federal financial commitment, 
     identified in the application; and
       ``(B) may be awarded pursuant to the process under 
     subsection (d), as necessary based on the amount of the 
     grant.
       ``(d) Multiyear Grant Agreements for Large Projects.--
       ``(1) In general.--A large project that receives a grant 
     under this section may be carried out through a multiyear 
     grant agreement in accordance with this subsection.
       ``(2) Requirements.--A multiyear grant agreement for a 
     large project shall--
       ``(A) establish the terms of participation by the Federal 
     Government in the project;
       ``(B) establish the amount of Federal financial assistance 
     for the project;
       ``(C) establish a schedule of anticipated Federal 
     obligations for the project that provides for obligation of 
     the full grant amount by not later than 4 fiscal years after 
     the fiscal year in which the initial amount is provided; and
       ``(D) determine the period of time for completing the 
     project, even if such period extends beyond the period of an 
     authorization.
       ``(3) Special rules.--
       ``(A) In general.--A multiyear grant agreement under this 
     subsection--
       ``(i) shall obligate an amount of available budget 
     authority specified in law; and
       ``(ii) may include a commitment, contingent on amounts to 
     be specified in law in advance for commitments under this 
     paragraph, to obligate an additional amount from future 
     available budget authority specified in law.
       ``(B) Contingent commitment.--A contingent commitment under 
     this subsection is not an obligation of the Federal 
     Government under section 1501 of title 31.
       ``(C) Interest and other financing costs.--
       ``(i) In general.--Interest and other financing costs of 
     carrying out a part of the project within a reasonable time 
     shall be considered a cost of carrying out the project under 
     a multiyear grant agreement, except that eligible costs may 
     not be more than the cost of the most favorable financing 
     terms reasonably available for the project at the time of 
     borrowing.
       ``(ii) Certification.--The applicant shall certify to the 
     Secretary that the applicant has shown reasonable diligence 
     in seeking the most favorable financing terms.
       ``(4) Advance payment.--An eligible entity carrying out a 
     large project under a multiyear grant agreement--
       ``(A) may use funds made available to the eligible entity 
     under this title or title 49 for eligible project costs of 
     the large project; and
       ``(B) shall be reimbursed, at the option of the eligible 
     entity, for such expenditures from the amount made available 
     under the multiyear grant agreement for the project in that 
     fiscal year or a subsequent fiscal year.
       ``(e) Eligible Projects.--
       ``(1) In general.--The Secretary may make a grant under 
     this section only for a project that is a project eligible 
     for assistance under this title or chapter 53 of title 49 and 
     is--
       ``(A) a bridge project carried out on the National Highway 
     System, or that is eligible to be carried out under section 
     165;
       ``(B) a project to improve person throughput that is--
       ``(i) a highway project carried out on the National Highway 
     System, or that is eligible to be carried out under section 
     165;
       ``(ii) a public transportation project; or
       ``(iii) a capital project (as defined in section 22901 of 
     title 49), to improve intercity rail passenger 
     transportation; or
       ``(C) a project to improve freight throughput that is--
       ``(i) a highway freight project carried out on the National 
     Highway Freight Network established under section 167 or on 
     the National Highway System;
       ``(ii) a freight intermodal, freight rail, or railway-
     highway grade crossing or grade separation project; or
       ``(iii) within the boundaries of a public or private 
     freight rail, water (including ports), or intermodal facility 
     and that is a surface transportation infrastructure project 
     necessary to facilitate direct intermodal interchange, 
     transfer, or access into or out of the facility.
       ``(2) Limitation.--
       ``(A) Certain freight projects.--Projects described in 
     clauses (ii) and (iii) of paragraph (1)(C) may receive a 
     grant under this section only if--
       ``(i) the project will make a significant improvement to 
     the movement of freight on the National Highway System; and
       ``(ii) the Federal share of the project funds only elements 
     of the project that provide public benefits.
       ``(B) Certain projects for person throughput.--Projects 
     described in clauses

[[Page S5751]]

     (ii) and (iii) of paragraph (1)(B) may receive a grant under 
     this section only if the project will make a significant 
     improvement in mobility on public roads.
       ``(f) Eligible Project Costs.--An eligible entity that 
     receives a grant under this section may use the grant for--
       ``(1) development phase activities, including planning, 
     feasibility analysis, revenue forecasting, environmental 
     review, preliminary engineering and design work, and other 
     preconstruction activities; and
       ``(2) construction, reconstruction, rehabilitation, 
     acquisition of real property (including land related to the 
     project and improvements to the land), environmental 
     mitigation, construction contingencies, acquisition of 
     equipment, and operational improvements directly related to 
     improving system performance.
       ``(g) Project Requirements.--The Secretary may select a 
     project described under this section for funding under this 
     section only if the Secretary determines that the project--
       ``(1) generates significant regional or national economic, 
     mobility, safety, resilience, or environmental benefits;
       ``(2) is cost effective;
       ``(3) is based on the results of preliminary engineering;
       ``(4) has secured or will secure acceptable levels of non-
     Federal financial commitments, including--
       ``(A) one or more stable and dependable sources of funding 
     and financing to construct, maintain, and operate the 
     project; and
       ``(B) contingency amounts to cover unanticipated cost 
     increases;
       ``(5) cannot be easily and efficiently completed without 
     additional Federal funding or financial assistance available 
     to the project sponsor, beyond existing Federal 
     apportionments; and
       ``(6) is reasonably expected to begin construction not 
     later than 18 months after the date of obligation of funds 
     for the project.
       ``(h) Merit Criteria and Considerations.--
       ``(1) Merit criteria.--In awarding a grant under this 
     section, the Secretary shall evaluate the following merit 
     criteria:
       ``(A) The extent to which the project supports achieving a 
     state of good repair.
       ``(B) The level of benefits the project is expected to 
     generate, including--
       ``(i) the costs avoided by the prevention of closure or 
     reduced use of the asset to be improved by the project;
       ``(ii) reductions in maintenance costs over the life of the 
     asset;
       ``(iii) safety benefits, including the reduction of 
     accidents and related costs;
       ``(iv) improved person or freight throughput, including 
     congestion reduction and reliability improvements;
       ``(v) national and regional economic benefits;
       ``(vi) resilience benefits, including the ability to 
     withstand disruptions from a seismic event;
       ``(vii) environmental benefits, including reduction in 
     greenhouse gas emissions and air quality benefits; and
       ``(viii) benefits to all users of the project, including 
     pedestrian, bicycle, nonvehicular, railroad, and public 
     transportation users.
       ``(C) How the benefits compare to the costs of the project.
       ``(D) The average number of people or volume of freight, as 
     applicable, supported by the project, including visitors 
     based on travel and tourism.
       ``(2) Additional considerations.--In awarding a grant under 
     this section, the Secretary shall consider the following:
       ``(A) Whether the project spans at least 1 border between 2 
     States.
       ``(B) Whether the project serves low-income residents of 
     low-income communities, including areas of persistent 
     poverty, while not displacing those residents.
       ``(C) Whether the project uses innovative technologies, 
     innovative design and construction techniques, or pavement 
     materials that demonstrate reductions in greenhouse gas 
     emissions through sequestration or innovative manufacturing 
     processes and, if so, the degree to which such technologies, 
     techniques, or materials are used.
       ``(D) Whether the project improves connectivity between 
     modes of transportation moving people or goods in the United 
     States or region.
       ``(E) Whether the project provides new or improved 
     connections between at least two metropolitan areas with a 
     population of at least 500,000.
       ``(F) Whether the project would replace, reconstruct, or 
     rehabilitate a commuter corridor (including a high-commuter 
     corridor that is in poor condition.
       ``(G) Whether the project would improve the shared 
     transportation corridor of a multistate corridor.
       ``(i) Project Selection.--
       ``(1) Evaluation.--To evaluate applications for funding 
     under this section, the Secretary shall--
       ``(A) determine whether a project is eligible for a grant 
     under this section;
       ``(B) evaluate, through a methodology that is discernible 
     and transparent to the public, how each application addresses 
     the merit criteria pursuant to subsection (h);
       ``(C) assign a quality rating for each merit criteria for 
     each application based on the evaluation in subparagraph (B);
       ``(D) ensure that applications receive final consideration 
     by the Secretary to receive an award under this section only 
     on the basis of such quality ratings and that the Secretary 
     gives final consideration only to applications that meet the 
     minimally acceptable level for each of the merit criteria; 
     and
       ``(E) award grants only to projects rated highly under the 
     evaluation and rating process.
       ``(2) Considerations for large projects.--In awarding a 
     grant for a large project, the Secretary shall--
       ``(A) consider the amount of funds available in future 
     fiscal years for the program under this section; and
       ``(B) assume the availability of funds in future fiscal 
     years for the program that extend beyond the period of 
     authorization based on the amount made available for the 
     program in the last fiscal year of the period of 
     authorization.
       ``(3) Geographic distribution.--In awarding grants under 
     this section, the Secretary shall ensure geographic diversity 
     and a balance between rural and urban communities among grant 
     recipients over fiscal years 2023 through 2026.
       ``(4) Publication of methodology.--
       ``(A) In general.--Prior to the issuance of any notice of 
     funding opportunity for grants under this section, the 
     Secretary shall publish and make publicly available on the 
     Department's website--
       ``(i) a detailed explanation of the merit criteria 
     developed under subsection (h);
       ``(ii) a description of the evaluation process under this 
     subsection; and
       ``(iii) how the Secretary shall determine whether a project 
     satisfies each of the requirements under subsection (g).
       ``(B) Updates.--The Secretary shall update and make 
     publicly available on the website of the Department of 
     Transportation such information at any time a revision to the 
     information described in subparagraph (A) is made.
       ``(C) Information required.--The Secretary shall include in 
     the published notice of funding opportunity for a grant under 
     this section detailed information on the rating methodology 
     and merit criteria to be used to evaluate applications, or a 
     reference to the information on the website of the Department 
     of Transportation, as required by subparagraph (A).
       ``(j) Federal Share.--
       ``(1) In general.--The Federal share of the cost of a 
     project carried out with a grant under this section may not 
     exceed 60 percent.
       ``(2) Maximum federal involvement.--Federal assistance 
     other than a grant under this section may be used to satisfy 
     the non-Federal share of the cost of a project for which such 
     a grant is made, except that the total Federal assistance 
     provided for a project receiving a grant under this section 
     may not exceed 80 percent of the total project cost.
       ``(k) Bridge Investments.--Of the amounts made available to 
     carry out this section, the Secretary shall reserve not less 
     than $1,000,000,000 for each fiscal year to make grants for 
     projects described in subsection (e)(1)(A).
       ``(l) Treatment of Projects.--
       ``(1) Federal requirements.--The Secretary shall, with 
     respect to a project funded by a grant under this section, 
     apply--
       ``(A) the requirements of this title to a highway project;
       ``(B) the requirements of chapter 53 of title 49 to a 
     public transportation project; and
       ``(C) the requirements of section 22905 of title 49 to a 
     passenger rail or freight rail project.
       ``(2) Multimodal projects.--
       ``(A) In general.--Except as otherwise provided in this 
     paragraph, if an eligible project is a multimodal project, 
     the Secretary shall--
       ``(i) determine the predominant modal component of the 
     project; and
       ``(ii) apply the applicable requirements of such 
     predominant modal component to the project.
       ``(B) Exceptions.--For any public transportation component 
     of a project, the requirements of section 5333 of title 49 
     shall apply.
       ``(C) Buy america.--In applying the Buy America 
     requirements under section 313 of this title and sections 
     5323(j), 22905(a), and 24305(f) of title 49 to a multimodal 
     project under this paragraph, the Secretary shall--
       ``(i) consider the various modal components of the project; 
     and
       ``(ii) seek to maximize domestic jobs.
       ``(m) Tifia Program.--At the request of an eligible entity 
     under this section, the Secretary may use amounts awarded to 
     the entity to pay subsidy and administrative costs necessary 
     to provide the entity Federal credit assistance under chapter 
     6 with respect to the project for which the grant was 
     awarded.
       ``(n) Administration.--Of the amounts made available to 
     carry out this section, the Secretary may use up to 
     $5,000,000 for each fiscal year for the costs of 
     administering the program under this section.
       ``(o) Technical Assistance.--Of the amounts made available 
     to carry out this section, the Secretary may reserve up to 
     $5,000,000 to provide technical assistance to eligible 
     entities.
       ``(p) Congressional Review.--
       ``(1) Notification.--Not less than 60 days before making an 
     award under this section, the Secretary shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee

[[Page S5752]]

     on Environment and Public Works, the Committee on Banking, 
     Housing, and Urban Affairs, and the Committee on Commerce, 
     Science, and Transportation of the Senate--
       ``(A) a list of all applications determined to be eligible 
     for a grant by the Secretary;
       ``(B) the quality ratings assigned to each application 
     pursuant to subsection (i);
       ``(C) a list of applications that received final 
     consideration by the Secretary to receive an award under this 
     section;
       ``(D) each application proposed to be selected for a grant 
     award;
       ``(E) proposed grant amounts, including for each new 
     multiyear grant agreement, the proposed payout schedule for 
     the project; and
       ``(F) an analysis of the impacts of any large projects 
     proposed to be selected on existing commitments and 
     anticipated funding levels for the next 4 fiscal years, based 
     on information available to the Secretary at the time of the 
     report.
       ``(2) Committee review.--Before the last day of the 60-day 
     period described in paragraph (1), each Committee described 
     in paragraph (1) shall review the Secretary's list of 
     proposed projects.
       ``(3) Congressional disapproval.--The Secretary may not 
     make a grant or any other obligation or commitment to fund a 
     project under this section if a joint resolution is enacted 
     disapproving funding for the project before the last day of 
     the 60-day period described in paragraph (1).
       ``(q) Transparency.--
       ``(1) In general.--Not later than 30 days after awarding a 
     grant for a project under this section, the Secretary shall 
     send to all applicants, and publish on the website of the 
     Department of Transportation--
       ``(A) a summary of each application made to the program for 
     the grant application period; and
       ``(B) the evaluation and justification for the project 
     selection, including ratings assigned to all applications and 
     a list of applications that received final consideration by 
     the Secretary to receive an award under this section, for the 
     grant application period.
       ``(2) Briefing.--The Secretary shall provide, at the 
     request of a grant applicant under this section, the 
     opportunity to receive a briefing to explain any reasons the 
     grant applicant was not awarded a grant.
       ``(r) Definition of Eligible Entity.--In this section, the 
     term `eligible entity' means--
       ``(1) a State or a group of States;
       ``(2) a unit of local government, including a metropolitan 
     planning organization, or a group of local governments;
       ``(3) a political subdivision of a State or local 
     government;
       ``(4) a special purpose district or public authority with a 
     transportation function, including a port authority;
       ``(5) an Indian Tribe or Tribal organization;
       ``(6) a Federal agency eligible to receive funds under 
     section 201, 203, or 204, including the Corps of Engineers, 
     Bureau of Reclamation, and the Bureau of Land Management, 
     that applies jointly with a State or group of States;
       ``(7) a territory; and
       ``(8) a multistate or multijurisdictional group of entities 
     described in this subsection.''.
       (b) Clerical Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 117 and inserting the following:

       ``117. Projects of national and regional significance.''.

       On page 586, lines 8 and 9, strike ``, including multimodal 
     freight grants established under section 117 of title 23''.

       On page 2625, lines 19 and 20, strike ``the nationally 
     significant freight and highways projects under section 117'' 
     and insert ``projects of national and regional significance 
     under section 117''.

       On page 2656, line 25, strike ``Nationally Significant 
     Freight and Highway Projects'' and insert ``projects of 
     national and regional significance''.
                                 ______