I 

117TH CONGRESS 

1ST SESSION H. R. 3734 

To amend title 23, United States Code, to increase the Federal share payable 

for certain projects in environmental justice communities, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 4, 2021 

Ms. TITUS introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure 

A BILL 

To amend title 23, United States Code, to increase the 

Federal share payable for certain projects in environmental justice communities, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CONGESTION MITIGATION AND AIR QUALITY 

4 IMPROVEMENT PROGRAM. 

5 Section 149(b) of title 23, United States Code, is 

6 amended— 

7 (1) in paragraph (8)(B) by striking ‘‘; or’’ and 

8 inserting a semicolon; 


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1 (2) in paragraph (9) by striking the period and 

2 inserting ‘‘; or’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(10) other projects that the Secretary deter5 mines to be more cost-effective in improving air 

6 quality than projects described in paragraphs (1) 

7 through (9).’’. 

8 SEC. 2. FEDERAL SHARE. 

9 Section 120(b) of title 23, United States Code, is 

10 amended by adding at the end the following: 

11 ‘‘(3) ENVIRONMENTAL JUSTICE COMMU12 NITIES.— 

13 ‘‘(A) IN GENERAL.—The Secretary may in14 crease the Federal share payable on account of 

15 a project or program eligible under section 149 

16 by 10 percent, up to 100 percent of the total 

17 project cost of any such project, if the Sec18 retary determines that the project benefits an 

19 environmental justice community through re20 ducing adverse environmental exposures that 

21 may disproportionately impact such commu22 nities. 

23 ‘‘(B) ENVIRONMENTAL JUSTICE COMMU24 NITY DEFINED.—In this paragraph, the term 

25 ‘environmental justice community’ means a 


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1 community that is low-income or predominately 

2 populated by racial or ethnic minorities.’’. 

3 SEC. 3. FORMULA MODERNIZATION STUDY. 

4 (a) IN GENERAL.—Not later than 1 year after the 

5 date of enactment of this Act, the Secretary of Transpor6 tation, in consultation with the Administrator of the Envi7 ronmental Protection Agency, shall submit to the Com8 mittee on Transportation and Infrastructure of the House 

9 of Representatives and the Committee on Environment 

10 and Public Works of the Senate a congestion mitigation 

11 and air quality formula modernization report. 

12 (b) ASSESSMENT.—The report under subsection (a) 

13 shall include an assessment by the Secretary as to whether 

14 the current apportionment method under section 

15 104(b)(4) of title 23, United States Code, results in a dis16 tribution of funds that best achieves the air quality goals 

17 of section 149 of title 23, United States Code, taking into 

18 account the considerations described in subsection (c). 

19 (c) CONSIDERATIONS.—To support the assessment 

20 under paragraph (3), the Administrator shall provide an 

21 analysis of— 

22 (1) the factors that contribute to the current 

23 apportionment, including population, types of pollut24 ants, and severity of pollutants; 


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1 (2) the weighting of the factors listed in para2 graph (1); and 

3 (3) the recency of the data used in making the 

4 apportionment under section 104(b)(4) of title 23, 

5 United States Code. 

6 (d) RECOMMENDATIONS.—If, under the assessment 

7 under subsection (b), the Secretary finds that modifying 

8 the current apportionment method under section 

9 104(b)(4) of title 23, United States Code, would best 

10 achieve the air quality goals of this section, the Secretary 

11 shall, in consultation with the Administrator, include in 

12 the report under subsection (a) recommendations on a new 

13 apportionment method including— 

14 (1) the factors recommended to be included in 

15 such apportionment method; 

16 (2) the weighting recommended to be applied to 

17 the factors under subsection (c)(1); and 

18 (3) any other recommendations to ensure that 

19 the apportionment method best achieves the air 

20 quality goals of section 149 of title 23, United 

21 States Code. 

Æ 


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