Rural Economic Infrastructure Equity Act of 2019

II 116TH CONGRESS 1ST SESSION S. 2518 To amend title 49, United States Code, to establish an Assistant Secretary for Rural Economic Investment and an Office of Rural Economic Invest- ment, to ensure that rural communities are adequately represented in Federal decisionmaking for transportation policy, and for other purposes. IN THE SENATE OF THE UNITED STATES SEPTEMBER 19, 2019 Mr. DURBIN (for himself and Mr. BRAUN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to establish an Assistant Secretary for Rural Economic Investment and an Office of Rural Economic Investment, to ensure that rural communities are adequately represented in Federal decisionmaking for transportation policy, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Rural Economic Infra- 4 structure Equity Act of 2019’’. 5 VerDate Sep 11 2014 21:01 Sep 23, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2518.IS S2518 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 2518 IS SEC. 2. RURAL ECONOMIC INVESTMENT. 1 (a) DEFINITIONS.—In this section: 2 (1) DEPARTMENT.—The term ‘‘Department’’ 3 means the Department of Transportation. 4 (2) RELEVANT CONGRESSIONAL COMMIT- 5 TEES.—The term ‘‘relevant congressional commit- 6 tees’’ means— 7 (A) the Committee on Transportation and 8 Infrastructure of the House of Representatives; 9 (B) the Committee on Energy and Com- 10 merce of the House of Representatives; 11 (C) the Committee on Environment and 12 Public Works of the Senate; 13 (D) the Committee on Commerce, Science, 14 and Transportation of the Senate; 15 (E) the Committee on Banking, Housing, 16 and Urban Affairs of the Senate; 17 (F) the Subcommittee on Transportation, 18 Housing and Urban Development, and Related 19 Agencies of the Committee on Appropriations of 20 the House of Representatives; and 21 (G) the Subcommittee on Transportation, 22 Housing and Urban Development, and Related 23 Agencies of the Committee on Appropriations of 24 the Senate. 25 VerDate Sep 11 2014 21:01 Sep 23, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2518.IS S2518 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 2518 IS (3) SECRETARY.—The term ‘‘Secretary’’ means 1 the Secretary of Transportation. 2 (b) ESTABLISHMENT.— 3 (1) IN GENERAL.—Section 102 of title 49, 4 United States Code, is amended— 5 (A) in subsection (a), by inserting ‘‘(re- 6 ferred to in this section as the ‘Department’)’’ 7 after ‘‘Department of Transportation’’; 8 (B) in subsection (e)(1)— 9 (i) in the matter preceding subpara- 10 graph (A), by striking ‘‘6’’ and inserting 11 ‘‘7’’; 12 (ii) in subparagraph (C), by striking 13 ‘‘and’’ at the end; 14 (iii) by redesignating subparagraph 15 (D) as subparagraph (E); and 16 (iv) by inserting after subparagraph 17 (C) the following: 18 ‘‘(D) an Assistant Secretary for Rural 19 Economic Investment, who shall be appointed 20 by the Secretary; and’’; 21 (C) in subsection (f)(1), by striking ‘‘De- 22 partment of Transportation’’ each place it ap- 23 pears and inserting ‘‘Department’’; 24 VerDate Sep 11 2014 21:01 Sep 23, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2518.IS S2518 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 2518 IS (D) by redesignating subsection (h) as sub- 1 section (i); and 2 (E) by inserting after subsection (g) the 3 following: 4 ‘‘(h) OFFICE OF RURAL ECONOMIC INVESTMENT.— 5 ‘‘(1) IN GENERAL.—There is established in the 6 Department an Office of Rural Economic Invest- 7 ment (referred to in this subsection as the ‘Office’). 8 ‘‘(2) LEADERSHIP.—The head of the Office 9 shall be the Assistant Secretary for Rural Economic 10 Investment (referred to in this subsection as the ‘As- 11 sistant Secretary’), who shall report directly to the 12 Secretary. 13 ‘‘(3) MISSION AND GOALS.—The mission and 14 goals of the Office shall be to coordinate with other 15 offices and agencies within the Department and with 16 other Federal agencies— 17 ‘‘(A) to ensure that the unique needs and 18 attributes of rural transportation, involving all 19 modes, are fully addressed and prioritized dur- 20 ing the development and implementation of 21 transportation policies, programs, and activities 22 within the Department; 23 ‘‘(B) to improve coordination of Federal 24 transportation policies, programs, and activities 25 VerDate Sep 11 2014 21:01 Sep 23, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2518.IS S2518 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 2518 IS within the Department in a manner that ex- 1 pands economic development in rural commu- 2 nities and regions, and to provide recommenda- 3 tions for improvement, including additional re- 4 organization and realignments; 5 ‘‘(C) to expand Federal transportation in- 6 frastructure investment in rural communities, 7 including by providing recommendations for 8 changes in formula funds or other existing 9 funding distribution patterns; 10 ‘‘(D) to use innovation to resolve local and 11 regional transportation challenges faced by 12 rural communities; 13 ‘‘(E) to promote and improve planning and 14 coordination among rural areas to maximize the 15 unique competitive advantage in those areas 16 while avoiding duplicative Federal, State, and 17 local investments; and 18 ‘‘(F) to ensure that all rural communities 19 lacking resources receive proactive outreach, 20 education, and technical assistance to improve 21 access to Federal transportation programs. 22 ‘‘(4) DUTIES OF ASSISTANT SECRETARY.—The 23 Assistant Secretary shall— 24 VerDate Sep 11 2014 21:01 Sep 23, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2518.IS S2518 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 2518 IS ‘‘(A) provide information and outreach to 1 rural communities concerning the availability 2 and eligibility requirements of participating in 3 programs of the Department; 4 ‘‘(B) help rural communities identify com- 5 petitive economic advantages and avoid duplica- 6 tive transportation investments in order to en- 7 sure continued economic growth; 8 ‘‘(C) serve as a resource for assisting rural 9 communities with respect to Federal transpor- 10 tation programs; 11 ‘‘(D) ensure and coordinate a routine rural 12 consultation on the development of policies, pro- 13 grams, and activities of the Department; 14 ‘‘(E) serve as an advocate within the De- 15 partment on behalf of rural communities; and 16 ‘‘(F) work in coordination with the Depart- 17 ment of Agriculture, the Department of Health 18 and Human Services, the Department of Com- 19 merce, the Federal Communications Commis- 20 sion, and other Federal agencies, as the Sec- 21 retary determines to be appropriate, in carrying 22 out the responsibilities of the Assistant Sec- 23 retary. 24 VerDate Sep 11 2014 21:01 Sep 23, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2518.IS S2518 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 2518 IS ‘‘(5) CONTRACTS AND AGREEMENTS.—For the 1 purpose of carrying out the mission and goals of the 2 Office under paragraph (3) and the duties of the As- 3 sistant Secretary under paragraph (4), the Assistant 4 Secretary may enter into contracts, cooperative 5 agreements, and other agreements as necessary, in- 6 cluding with research centers, institutions of higher 7 education, States, units of local government, non- 8 profit organizations, or a combination of any of 9 those entities— 10 ‘‘(A) to conduct research on transportation 11 investments that promote rural economic devel- 12 opment; 13 ‘‘(B) to solicit information in the develop- 14 ment of policy, programs, and activities of the 15 Department that can improve infrastructure in- 16 vestment and economic development in rural 17 areas; 18 ‘‘(C) to develop educational and outreach 19 materials, including the conduct of workshops, 20 courses, and certified training for rural commu- 21 nities and regions that can further the mission 22 and goals of the Office and the Department; 23 and 24 VerDate Sep 11 2014 21:01 Sep 23, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2518.IS S2518 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 2518 IS ‘‘(D) to carry out any other activities, as 1 determined by the Secretary to be appropriate. 2 ‘‘(6) EMPLOYEES.—The Secretary shall ensure 3 that not more than 4 full-time equivalent employees 4 are assigned to the Office. 5 ‘‘(7) APPLICABILITY.—In carrying out the mis- 6 sion and goals of the Office under paragraph (3) 7 and the duties of the Assistant Secretary under 8 paragraph (4), the Assistant Secretary shall consider 9 as rural any area considered to be a rural area 10 under a Federal transportation program of the De- 11 partment.’’. 12 (2) COUNCIL ON CREDIT AND FINANCE.—Sec- 13 tion 117(b)(1) of title 49, United States Code, is 14 amended by adding at the end the following: 15 ‘‘(I) The Assistant Secretary for Rural 16 Economic Investment.’’. 17 (c) REORGANIZATION PROPOSAL.— 18 (1) IN GENERAL.—The Secretary, in consulta- 19 tion with the relevant congressional committees, 20 shall develop a proposed reorganization of the func- 21 tions of the Department to ensure improved coordi- 22 nation and prioritization of programs and services 23 that promote rural infrastructure investment, expan- 24 sion, equity, and economic development. 25 VerDate Sep 11 2014 21:01 Sep 23, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2518.IS S2518 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 2518 IS (2) REPORT.—Not later than 180 days after 1 the date of enactment of this Act, the Secretary 2 shall submit to the relevant congressional commit- 3 tees a report that describes the proposed reorganiza- 4 tion plan under paragraph (1). 5 (d) RURAL CONSULTATION.— 6 (1) REQUIREMENT.— 7 (A) IN GENERAL.—Not later than 1 year 8 after the date of enactment of this Act, each of- 9 fice and agency within the Department shall de- 10 velop and implement a process to ensure mean- 11 ingful and timely input from rural stakeholders 12 during the development of any regulation, guid- 13 ance, or policy that would have substantial di- 14 rect effects on 1 or more rural areas. 15 (B) CONSULTATION.—To the maximum 16 extent practicable and in accordance with appli- 17 cable Federal law, an office or agency of the 18 Department shall not promulgate a regulation, 19 issue guidance, or implement a policy described 20 in subparagraph (A) unless the office or agen- 21 cy— 22 (i) consults with rural stakeholders 23 before developing the proposed regulation; 24 VerDate Sep 11 2014 21:01 Sep 23, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2518.IS S2518 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 2518 IS (ii) publishes in the Federal Register 1 a summary rural impact statement, which 2 shall consist of— 3 (I) a description of the consulta- 4 tion with rural stakeholders on the 5 regulation, guidance, or policy; 6 (II) a summary of any concerns 7 raised by the rural stakeholders; 8 (III) a description of the extent 9 to which concerns referred to in sub- 10 clause (II) have been alleviated; and 11 (IV) a description of why the reg- 12 ulation, guidance, or policy is needed; 13 and 14 (iii) submits to the Director of the Of- 15 fice of Management and Budget— 16 (I) the summary rural impact 17 statement described in clause (ii); and 18 (II) on request of the Director, 19 any written communications sub- 20 mitted to the office or agency from 21 rural stakeholders. 22 (2) DESIGNATION.—Not later than 180 days 23 after the date of enactment of this Act, each office 24 and agency within the Department shall designate 25 VerDate Sep 11 2014 21:01 Sep 23, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2518.IS S2518 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 2518 IS an official within that office or agency to serve as 1 the official with principal responsibility for the im- 2 plementation of this subsection. 3 (e) ADVISORY COMMITTEE.— 4 (1) IN GENERAL.—The Secretary shall establish 5 a rural transportation advisory council (referred to 6 in this subsection as the ‘‘advisory council’’) to con- 7 sult with and advise the Office of Rural Economic 8 Investment. 9 (2) MEMBERSHIP.—The Secretary shall appoint 10 members to the advisory council in a manner that 11 ensures that the geographic and economic diversity 12 of rural regions of the United States are rep- 13 resented. 14 (3) MEETINGS.—The advisory council shall 15 meet not less than twice per year, as determined by 16 the Secretary. 17 (4) DUTIES.—The advisory council shall— 18 (A) advise the Office of Rural Economic 19 Investment on issues related to rural needs re- 20 lating to Federal transportation programs; 21 (B) develop recommendations for any 22 changes to Federal law, regulations, internal 23 Department guidance, or other measures that 24 would eliminate barriers for rural access or im- 25 VerDate Sep 11 2014 21:01 Sep 23, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2518.IS S2518 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 2518 IS prove rural equity in transportation invest- 1 ments; 2 (C) examine methods of maximizing the 3 number of opportunities for assistance for rural 4 areas under Federal transportation programs, 5 including expanded outreach and technical as- 6 sistance; 7 (D) examine methods of encouraging inter- 8 governmental and local resource cooperation to 9 mitigate duplicative investments in key regions 10 and improve the efficiencies in the delivery of 11 Federal transportation programs; 12 (E) evaluate other methods of creating new 13 opportunities for rural regions; and 14 (F) address any other relevant issues as 15 the Secretary determines to be appropriate. 16 Æ VerDate Sep 11 2014 21:01 Sep 23, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\S2518.IS S2518 pamtmann on DSKBC07HB2PROD with BILLS