[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''.
______