S.Amdt. 2191

SA 2191. Mr. DURBIN (for himself and Mr. Braun) 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:

Strike section 25010 of division B and insert the
following:

SEC. 25010. RURAL INVESTMENT.

(a) Definitions.--In this section:
(1) Advisory board.--The term ``Advisory Board'' means the
Rural Transportation Advisory Board established under
subsection (d)(1).
(2) Build america bureau.--The term ``Build America
Bureau'' means the National Surface Transportation and
Innovative Finance Bureau established under section 116 of
title 49, United States Code.
(3) Council.--The term ``Council'' means the Rural
Investment Council established under subsection (c)(1).
(4) Director.--The term ``Director'' means the Director for
Rural Investment appointed under subsection (b)(3)(A).
(5) Office.--The term ``Office'' means the Office of Rural
Investment established under subsection (b)(1).
(6) Rural community.--The term ``rural community'' means--
(A) a community, including a historically disadvantaged
community, located in a rural area;
(B) a federally recognized Indian Tribe; and
(C) a historically disadvantaged community located in a
Tribal area.
(b) Office of Rural Investment.--
(1) In general.--The Secretary shall establish in the
Department, within the Office of the Secretary, an Office of
Rural Investment--
(A) to improve the analysis of projects proposed by rural
communities applying for discretionary grants from the
Department, including by ensuring that project costs, local
resources, and the larger benefits to the people and the
economy of the United States are appropriately considered;
(B) to ensure that the unique needs and attributes of rural
transportation, involving all modes, are fully addressed and
prioritized during the development and implementation of
transportation policies, programs, and activities within the
Department;
(C)(i) to improve coordination of Federal transportation
policies, programs, and activities within the Department in a
manner that expands economic development in rural communities
and regions; and
(ii) to provide recommendations for improvement, including
additional internal realignments;
(D) to expand Federal transportation infrastructure
investment in rural communities and regions, including by
providing recommendations for changes in existing funding
distribution patterns;
(E) to use innovation to resolve local and regional
transportation challenges faced by rural communities and
regions;
(F) to promote and improve planning and coordination among
rural communities and regions to maximize the unique
competitive advantage in those locations while avoiding
duplicative Federal, State and local investments; and
(G) to ensure that all rural communities and regions
lacking resources receive proactive outreach, education, and
technical assistance to improve access to Federal
transportation programs.
(2) Objectives.--The Office shall--
(A) collect input from knowledgeable entities and the
public on--
(i) the benefits of rural and Tribal transportation
projects;
(ii) the technical and financial assistance required for
constructing and operating rural and Tribal transportation
infrastructure and services;
(iii) barriers and opportunities to funding rural and
Tribal transportation projects;
(iv) unique transportation barriers and challenges facing
historically disadvantaged communities in rural and Tribal
areas; and
(v) unique environmental transportation issues for rural
communities and Tribal communities;
(B) evaluate data on rural and Tribal transportation
challenges and determine methods to align the discretionary
funding and financing opportunities of the Department with
the needs of rural communities and Tribal communities for
meeting national transportation goals; and
(C) educate rural communities and Tribal communities about
applicable Department discretionary grants, develop effective
methods to evaluate projects in those communities in
discretionary grant programs, and communicate those methods
through program guidance.
(3) Leadership.--
(A) In general.--The Office shall be headed by a Director
for Rural Investment who shall be appointed by, and report
directly to, the Secretary.
(B) Duties of the director.--The Director shall--
(i) be responsible for engaging in activities to carry
out--

(I) the mission of the Office described in paragraph (1);
and
(II) the objectives of the Office described in paragraph
(2);

(ii) organize, guide, and lead activities within the
Department to address disparities in rural transportation
infrastructure to improve safety, economic development, and
quality of life in rural communities and regions;
(iii) provide information and outreach to rural communities
and regions concerning the availability and eligibility
requirements of participating in programs of the Department;
(iv) help rural communities and regions--

(I) identify competitive economic advantages and
transportation investments that ensure continued economic
growth; and
(II) avoid duplicative transportation investments;

(v) serve as a resource for assisting rural communities and
regions with respect to Federal transportation programs;
(vi) identify--

(I) Federal statutes, regulations, and polices that may
impede the Department from supporting effective rural
infrastructure projects that address national transportation
goals; and
(II) potential measures to solve or mitigate those issues;

(vii) identify improved, simplified, and streamlined
internal processes to help limited-resource rural communities
and regions access transportation investments;
(viii) recommend changes and initiatives for the Secretary
to consider;
(ix) ensure and coordinate a routine rural consultation on
the development of policies, programs, and activities of the
Department;
(x) serve as an advocate within the Department on behalf of
rural communities and regions; and
(xi) work in coordination with the Department of
Agriculture, the Department of Health and Human Services, the
Department of Commerce, the Federal Communications
Commission, and other Federal agencies, as the Secretary
determines to be appropriate, in carrying out the duties
described in clauses (i) through (x).
(4) Contracts and agreements.--For the purpose of carrying
out the mission of the Office under paragraph (1) and the
objectives of the Office under paragraph (2), the Secretary
may enter into contracts, cooperative agreements, and other
agreements as necessary, including with research centers,
institutions of higher education, States, units of local
government, nonprofit organizations, or a combination of any
of those entities--
(A) to conduct research on transportation investments that
promote rural economic development;
(B) to solicit information in the development of policy,
programs, and activities of the Department that can improve
infrastructure investment and economic development in rural
communities and regions;
(C) to develop educational and outreach materials,
including the conduct of workshops, courses, and certified
training for rural communities and regions that can further
the mission and objectives of the Office and the mission and
goals of the Department; and
(D) to carry out any other activities, as determined by the
Secretary to be appropriate.
(5) Grants.--
(A) In general.--For the purpose of carrying out the
mission of the Office under paragraph (1) and the objectives
of the Office

[[Page S5608]]

under paragraph (2), the Secretary may award competitive
grants to an entity described in subparagraph (B) to support
expanded education, outreach, and technical assistance to
rural communities and regions.
(B) Entity described.--An entity referred to in
subparagraph (A) is a nonprofit organization or an
institution of higher education that has not less than 3
years of experience providing meaningful transportation
technical assistance or advocacy services to rural
communities and regions.
(6) Employees.--The Secretary shall ensure that not more
than 4 full-time equivalent employees are assigned to the
Office.
(c) Rural Investment Council.--
(1) In general.--The Secretary shall establish a Rural
Investment Council--
(A) to assist the Secretary in organizing the Office;
(B) to provide guidance to the Office;
(C) to assist the Director in leading the Office; and
(D) to work with the Office to coordinate rural-related and
Tribal-related funding programs and assistance among the
modal administrations of the Department.
(2) Membership.--
(A) In general.--The Council shall be composed of the
following officers of the Department, or their designees:
(i) The Under Secretary of Transportation for Policy.
(ii) The General Counsel.
(iii) The Chief Financial Officer and Assistant Secretary
for Budget and Programs.
(iv) The Assistant Secretary for Research and Technology.
(v) The Assistant Secretary for Multimodal Freight.
(vi) The Administrators of--

(I) the Federal Aviation Administration;
(II) the Federal Highway Administration;
(III) the Federal Railroad Administration; and
(IV) the Federal Transit Administration.

(vii) The Executive Director of the Build America Bureau.
(viii) The Assistant Secretary for Governmental Affairs.
(B) Chair.--The Under Secretary of Transportation for
Policy shall be the Chair of the Council.
(C) Additional members.--The Secretary or the Chair of the
Council may designate additional members to serve on the
Council.
(3) Additional modal input.--To address issues related to
safety and transport of rural and Tribal commodities, the
Council shall consult with the Administrators (or their
designees) of--
(A) the Maritime Administration;
(B) the Great Lakes St. Lawrence Seaway Development
Corporation; and
(C) the National Highway Traffic Safety Administration.
(4) Duties.--Members of the Council shall--
(A) participate in all meetings and relevant Council
activities and be prepared to share information relevant to
rural and Tribal transportation infrastructure projects and
issues;
(B) provide guidance and leadership on rural and Tribal
transportation infrastructure issues and represent the work
of the Council and the Department on those issues to external
stakeholders; and
(C) recommend initiatives to the Chair of the Council to
consider, establish, and staff any resulting activities or
working groups.
(5) Meetings.--The Council shall meet bimonthly.
(6) Work products and deliverables.--The Council may
develop work products or deliverables to meet the goals of
the Council, including--
(A) an annual report to Congress describing Council
activities for the past year and expected activities for the
coming year;
(B) any recommendations to enhance the effectiveness of
Department discretionary grant programs regarding rural and
Tribal infrastructure issues; and
(C) other guides and reports for relevant groups and the
public.
(d) Rural Transportation Advisory Board.--
(1) In general.--The Secretary shall establish a Rural
Transportation Advisory Board to consult with and advise the
Office.
(2) Membership.--
(A) In general.--The Advisory Board shall be composed of 15
members, appointed by the Secretary from among individuals
with direct experience with rural issues, of whom--
(i) not fewer than 1 shall be a representative from an
institution of higher education or extension program;
(ii) not fewer than 1 shall be a representative from an
organization promoting business and economic development,
such as a chamber of commerce, a local government
institution, or a planning organization;
(iii) not fewer than 1 shall be a representative from a
financing entity;
(iv) not fewer than 1 shall have experience in health,
mobility, or emergency services;
(v) not fewer than 1 shall have experience in
transportation safety;
(vi) not fewer than 1 shall have experience with workforce
access;
(vii) not fewer than 1 shall have experience with tourism
and recreational activities;
(viii) not fewer than 1 shall have--

(I) experience with rural supply chains, such as direct-to-
consumer supply chains; and
(II) wholesale distribution experience;

(ix) not fewer than 1 shall have experience in emerging or
innovative technologies relating to rural transportation
networks;
(x) not fewer than 1 shall have experience in food,
nutrition, and grocery access;
(xi) not fewer than 1 shall be actively engaged in
agriculture, ranching, or forestry; and
(xii) not fewer than 1 shall have experience with
historically underserved regions, as determined by the
Secretary.
(B) Requirement.--The Secretary shall appoint members to
the Advisory Board in a manner that ensures, to the maximum
extent practicable, that the geographic and economic
diversity of rural communities and regions of the United
States are represented.
(C) Timing of initial appointments.--Not later than 180
days after the date of enactment of this Act, the Secretary
shall appoint the initial members of the Advisory Board.
(D) Period of appointments.--
(i) In general.--Except as provided in clause (ii), a
member of the Advisory Board shall be appointed for a term of
3 years.
(ii) Initial appointments.--Of the members first appointed
to the Advisory Board --

(I) 5, as determined by the Secretary, shall be appointed
for a term of 3 years;
(II) 5, as determined by the Secretary, shall be appointed
for a term of 2 years; and
(III) 5, as determined by the Secretary, shall be appointed
for a term of 1 year.

(E) Vacancies.--Any vacancy on the Advisory Board --
(i) shall not affect the power of the Advisory Board; and
(ii) shall be filled as soon as practicable and in the same
manner as the original appointment.
(F) Consecutive terms.--An appointee to the Advisory Board
may serve 1 additional, consecutive term if the member is
reappointed by the Secretary.
(3) Meetings.--
(A) In general.--The Advisory Board shall meet not less
than twice per year, as determined by the Secretary.
(B) Initial meeting.--Not later than 180 days after the
date on which the initial members of the Advisory Board are
appointed under paragraph (2)(C), the Advisory Board shall
hold the first meeting of the Advisory Board.
(4) Duties.--
(A) In general.--The Advisory Board shall--
(i) advise the Office on issues related to rural needs
relating to Federal transportation programs;
(ii) evaluate and review ongoing research activities
relating to rural transportation networks, including new and
emerging barriers to economic development and access to
investments;
(iii) develop recommendations for any changes to Federal
law, regulations, internal Department policies or guidance,
or other measures that would eliminate barriers for rural
access or improve rural equity in transportation investments;
(iv) examine methods of maximizing the number of
opportunities for assistance for rural communities and
regions under Federal transportation programs, including
expanded outreach and technical assistance;
(v) examine methods of encouraging intergovernmental and
local resource cooperation to mitigate duplicative
investments in key rural communities and regions and improve
the efficiencies in the delivery of Federal transportation
programs;
(vi) evaluate other methods of creating new opportunities
for rural communities and regions; and
(vii) address any other relevant issues, as the Secretary
determines to be appropriate.
(B) Reports.--Not later than 1 year after the date on which
the initial members of the Advisory Board are appointed under
paragraph (2)(C), and every 2 years thereafter through 2026,
the Advisory Board shall submit to the Secretary and the
relevant committees of Congress a report describing the
recommendations developed under subparagraph (A)(iii).
(5) Personnel matters.--
(A) Compensation.--A member of the Advisory Board shall
serve without compensation.
(B) Travel expenses.--A member of the Advisory Board shall
be allowed travel expenses, including per diem in lieu of
subsistence, in accordance with section 5703 of title 5,
United States Code.
(6) Termination.--
(A) In general.--Subject to subparagraph (B), the Advisory
Board shall terminate on the date that is 5 years after the
date on which the initial members are appointed under
paragraph (2)(C).
(B) Extension.--Before the date on which the Advisory Board
terminates, the Secretary may renew the Advisory Board for 1
or more 2-year periods.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $7,000,000 for
each of fiscal years 2022 through 2026.
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