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 environ-
mental justice communities, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. CONGESTION MITIGATION AND AIR QUALITY 
IMPROVEMENT PROGRAM. 
Section 149(b) of title 23, United States Code, is 
amended— 
(1) in paragraph (8)(B) by striking ‘‘; or’’ and 
inserting a semicolon; 
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(2) in paragraph (9) by striking the period and 
inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(10) other projects that the Secretary deter-
mines to be more cost-effective in improving air 
quality than projects described in paragraphs (1) 
through (9).’’. 
SEC. 2. FEDERAL SHARE. 
Section 120(b) of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(3) 
ENVIRONMENTAL
JUSTICE
COMMU-
NITIES.— 
‘‘(A) IN GENERAL.—The Secretary may in-
crease the Federal share payable on account of 
a project or program eligible under section 149 
by 10 percent, up to 100 percent of the total 
project cost of any such project, if the Sec-
retary determines that the project benefits an 
environmental justice community through re-
ducing adverse environmental exposures that 
may disproportionately impact such commu-
nities. 
‘‘(B) ENVIRONMENTAL
JUSTICE
COMMU-
NITY DEFINED.—In this paragraph, the term 
‘environmental justice community’ means a 
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community that is low-income or predominately 
populated by racial or ethnic minorities.’’. 
SEC. 3. FORMULA MODERNIZATION STUDY. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Transpor-
tation, in consultation with the Administrator of the Envi-
ronmental Protection Agency, shall submit to the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Environment 
and Public Works of the Senate a congestion mitigation 
and air quality formula modernization report. 
(b) ASSESSMENT.—The report under subsection (a) 
shall include an assessment by the Secretary as to whether 
the 
current 
apportionment 
method 
under 
section 
104(b)(4) of title 23, United States Code, results in a dis-
tribution of funds that best achieves the air quality goals 
of section 149 of title 23, United States Code, taking into 
account the considerations described in subsection (c). 
(c) CONSIDERATIONS.—To support the assessment 
under paragraph (3), the Administrator shall provide an 
analysis of— 
(1) the factors that contribute to the current 
apportionment, including population, types of pollut-
ants, and severity of pollutants; 
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