Peter DeFazio

Mr. DeFAZIO

Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume. I was confused by the gentleman's speech. This bill was written by 10 Republican Senators and two conservative Democrats, and to say half the bill isn't infrastructure, there is a $1 billion program to rejoin communities split asunder. The President went down and visited one in Louisiana. It is a skyway that has to come down. It is falling apart. So are we just going to build another skyway or are we going to rejoin that community? In Portland, Oregon, they are talking about a freeway-widening project there, but they are also going to cap that so they can rejoin a neighborhood. That is infrastructure, and it is also creating community jobs and economic development. I yield 1 minute to the gentlewoman from Georgia (Ms. Bourdeaux), a member of the committee.

Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume. The gentleman who preceded me, of course, did not talk about what he would do to fix the Nation's crumbling infrastructure: 42,000 bridges that need replacement or repair. 40 percent of the National Highway System degraded to the point where it has to be rebedded, not just put a coat of asphalt on top. A $100 billion backlog to bring transit up to a state of good repair. On and on and on. Wastewater, drinking water. The needs are incredible. This bill will address those things. And the rate of return is phenomenal, if you look at analyses by Wall Street and others. There is no better investment that the Federal Government can make than investment in infrastructure. It not only creates jobs, it creates lasting economic benefits for this country, makes us more competitive with the world. The gentleman is conflating two different bills. We have one bill before us, not being held hostage. We are here debating it. But I didn't hear your alternative. I yield 2 minutes to the gentlewoman from Texas (Ms. Jackson Lee).

Mr. DeFAZIO. Mr. Speaker, I reserve the balance of my time.

Mr. DeFAZIO. Mr. Speaker, could you repeat that?

Mr. DeFAZIO. Mr. Speaker, I yield myself 2 minutes. The events that led up to this bill were pretty messy and painful; I agree with that. Unfortunately, given the dysfunction on the other side of the Hill, called the Senate--absurd rules like the filibuster, where you have to have a supermajority to do anything, and I don't know how many bills the House has sent over that are sitting there that would serve the American people well; and then the Byrd rule, which we are going deal with later, a rule written by a Senator dead for 12 years, a rule written 28 years ago where the Parliamentarian holds a seance to find out what can go in and not go in the bill. That is what we are dealing with. If we are going to make the investments that we need in our infrastructure--and I don't think there is anybody on the other side of the aisle that disagrees, when you see the ratings from the American Society of Civil Engineers, when you see the water mains blowing up and flooding streets, when you see the sewers backing up into people's houses or overflowing into the river or, without the resilience we need because of climate change, have them getting overrun during severe weather events. These are investments that America needs, and I am still not hearing from the other side of the aisle their plan to make these needed investments, put millions of Americans to work in very good-paying family wage jobs, and to make America more competitive. Yes, I wish the Senate bill had been different. I wish, for instance, they had taken our provisions to put some predatory Chinese companies out of business. I don't know, I guess they have a very good lobbyist over there on the Senate side. There are many things like that that were neglected in this bill that would have provided more American jobs. But there are millions of jobs attached to this bill. We need those jobs. We need the investment. We need to rebuild America.

Mr. DeFAZIO. Mr. Speaker, may I inquire as to the time remaining on each side.

Mr. DeFAZIO. Mr. Speaker, I reserve the balance of my time.

Mr. DeFAZIO. Mr. Speaker, I yield myself 2 minutes. That was incredible. This is the Green New Deal bill? It includes Rodney Davis' provision from the House side, which guts the NEPA process. That is not exactly a Green New Deal priority. It cut dramatically the investments in the House bill in transit and rail, not exactly the Green New Deal priority. That is absurd. You want to drag out this chimera. ``Oh, look, it is the Green New Deal.'' No, it is not the Green New Deal. It is a bill written by 10 Republican Senators and two conservative Democrats coming from the Senate side, which is not, in my opinion, doing near enough to address climate change impacts from fossil fuel transportation, our largest contributor. Now, of course, on your side of the aisle, climate change doesn't exist. You want to have a bill for resilience. Why do you need resilience? Why is the sea level rising? Why are we having incredible, unprecedented severe weather events or like the heat dome in Oregon, where people died? Why are we having these things? ``Oh, it is a natural occurrence like the Ice Age or whatever.'' It is not. It is real, and this bill does not do enough to deal with it. I intend to continue to fight to do more to deal with climate change, no matter how much you want to deny it on that side of the aisle. Mr. Speaker, I reserve the balance of my time.

Mr. DeFAZIO. Mr. Speaker, may I inquire about two things of the Chair. How much time remains on either side, and since we are ending the debate before we are finishing the debate, which side gets to close?

Mr. DeFAZIO. Mr. Speaker, I reserve the balance of my time.

Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume. There seems to be confusion on the other side of the aisle. I am hearing a lot of different numbers. There is one bill before us today. The gentleman says it is not bipartisan. Eighteen Republican Senators voted for it. Granted, neither of his illustrious Senators from his State voted for it, but 18 Republican Senators did vote for it. The numbers keep jumping around. We have one bill before us today, not the other one you want to debate. We have one bill before us that will build America's infrastructure, a long-overdue investment. We haven't increased investment substantially since the Clinton era. It has fallen apart. If you deny that, I have nothing more to say. Mr. Speaker, I reserve the balance of my time.

Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume. We are going to close the debate for tonight and continue this debate tomorrow. Perhaps Summit will come back to planet Earth. Mr. Speaker, look, very simply, we are looking at a record investment in our crumbling infrastructure. I will just repeat it one more time: 42,000 bridges on the national highway system in need of serious repair or replacement; 40 percent of the National Highway System needs to be rebedded--that is totally rebuilt. That is expensive, not just another coat of asphalt on top, because it has been neglected for so long. This is costing Americans every year a thousand bucks for car repair, blown-out tires, misaligned front ends when they hit these potholes. Americans want this done. Yeah, it is going to increase investment in transit; $100 billion-dollar backlog to bring transit to a state of good repair in this country. We have the strongest Buy America requirements of any part of the government. There were two potential problems with Chinese-owned industries. Unfortunately, the Senate couldn't see their way to close those. But the predominant amount of this money--and those loopholes have already been partially closed from other legislation I put through--will be spent on American jobs, American manufacturing made here in the United States of America, another key part of the President's proposal. Bring it home. Make it here. Rebuild our country. To be continued. Mr. Speaker, I reserve the balance of my time.

Mr. DeFAZIO

Mr. DeFAZIO. Madam Speaker, on Tuesday, July 27, 2021, I was unable to vote due to attending a classified briefing on an issue important to my constituents. Had I been present, I would have voted: Yea on Roll Call Vote 225, S. 1910--the Major Medical Facility Authorization Act.

Mr. DeFAZIO

Mr. DeFAZIO. Mr. Speaker, I thank the chairman for yielding and for the cooperative work we have done on this bill, clean water bills, and many other issues. It is great to work with him and the committee. Mr. Speaker, I rise in strong support of this legislation. The health effects that are known, are, you know, just a few things: cancer, kidney disease, pregnancy-related disorders, low birth weights, and immune system repression. But that is just what we know, so I guess we shouldn't worry about this too much. Once it is in the environment, it breaks down. Once it is in your body, it doesn't go away. You get to certain levels and, then, you are going to start having these health effects. They are forever chemicals. But, right now, there are no stringent requirements to test or monitor for PFAS. We don't know the extent of the pollution. This bill is critical to address this legacy and public health risk and put us on a path to addressing the pervasive threat to our health, our citizens, and our environment. I want to highlight a few sections that fall within the jurisdiction of my committee, the provisions which designate PFAS-related chemicals as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act, CERCLA, commonly known as Superfund. We did put in a very limited exemption, which goes to firefighting at airports. Right now, the foam they use contains PFAS, and if they follow the FAA rules, they won't have liability. But DOD, FAA, and others are researching alternatives for foam retardants, and hopefully, they won't have to use this stuff in the near future. There are two Clean Water Act amendments that will limit the additional release of PFAS; the first by the gentleman from New Hampshire (Mr. Pappas), who has been very persistent on this issue, closing a Clean Water Act loophole for discharges. Today, companies can legally discharge almost unlimited quantities of PFAS-related chemicals into rivers, streams, and lakes because the EPA has not set limits for discharging into our aquatic environment. This is unacceptable. The gentleman's amendment will set statutory guidelines for the EPA to act and set those limits. Section 17 prioritizes the industry sectors with the greatest likelihood of discharging harmful quantities. The gentleman did great work on this. We worked with wastewater utilities and industry representatives, and they agree with our approach. I also rise in support of section 13, another Clean Water Act provision, by the gentleman from New York (Mr. Delgado), a member of my committee, to prevent our sewers from being dumping grounds. Industrial discharges can now be discharged into local municipal systems, and if it is not known, then they can't deal with it. They can't pretreat it, and they can't get it out. So, I rise in strong support of this bill, and I thank everyone who participated in its writing.

Mr. DeFAZIO

Mr. DeFAZIO. Mr. Speaker, I would like to thank the following individual staff of the House Committee on Transportation and Infrastructure for all their hard work on this important piece of legislation. I'd also like to thank the team at the Office of Legislative Counsel for their assistance in drafting the legislation and the many amendments offered during our Committee Markup and on the House Floor. Highways and Transit Helena Zyblikewycz Jackie Schmitz Garret Gee Brittany Lundberg Chris Bell Zan Guendert Railroads, Pipelines, and Hazardous Materials Auke Mahar-Piersma Andrea Wohleber Frances Bourne Katherine Ambrose Water Resource and Environment Ryan Seiger Navis Bermudez Alexa Williams Michael Bauman Full Committee Kathy Dedrick Jill Harrelson Alice Koethe Jamie Harrell Madeleine Pike Matt Leasure Michael Hudspith Interns Bethany Abbate Mateo Alliende Henry Lininger Legislative Counsel Karen Anderson Robert Casturo Jordyn Coad Kakuti Lin

Mr. DeFAZIO

Mr. DeFAZIO. Madam Speaker, pursuant to House Resolution 508, I rise to offer amendments en bloc No. 3.

Mr. DeFAZIO. Mr. Speaker, pursuant to House Resolution 504, I call up the bill (H.R. 3684) to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes, and ask for its immediate consideration in the House.

Mr. DeFAZIO. Mr. Speaker, I reserve the balance of my time.

Mr. DeFAZIO. Mr. Speaker, I yield 30 seconds to the gentlewoman from Texas (Ms. Jackson Lee).

Mr. DeFAZIO. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 3684, the INVEST in America Act.

Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I include in the Record a letter of support for H.R. 3684 from 113 organizations supporting the Water Quality Protection and Job Creation Act of 2021. 113 Organizations Supporting the Water Quality Protection and Job Creation Act of 2021 Alliance for American Manufacturing (AAM), The Alliance for the Great Lakes, American Concrete Pavement Association, American Concrete Pipe Association, American Concrete Pressure Pipe Association, American Concrete Pumping Association, American Council of Engineering Companies (ACEC), American Foundry Society (AFS), American Iron and Steel Institute (AISI), American Public Works Association (APWA), American Rivers, American Sustainable Business Council, American Society of Civil Engineers (ASCE), American Society of Landscape Architects (ASLA), Associated General Contractors of America (AGC), Association of Equipment Manufacturers (AEM), BlueGreen Alliance, California Association of Sanitation Agencies (CASA), Center for Biological Diversity, Chesapeake Bay Foundation, Clean Water Construction Coalition, Clean Water For All, Academy of Natural Sciences of Drexel University, Advocates for Clean & Clear Waterways, Alabama Rivers Alliance, Anthropocene Alliance. Children's Environmental Health Network, Clean Water Action, Community Water Center, Conservative Voters of PA, Earthjustice, Environmental League of Massachusetts, For Love of Water (FLOW), Freshwater Future, Georgia Conservation Voters, GreenLatinos, Healthy Gulf, Illinois Council of Trout Unlimited, Illinois Environmental Council, Junction Coalition, Maine Conservation Voters, Massachusetts Rivers Alliance, Mississippi River Collaborative, Montana Conservation Voters, National Latino Farmers & Ranchers Trade Association, National Parks Conservation Association, NC Conservation Network, New York League of Conservation Voters, Ocean River Institute, Ohio Valley Environmental Coalition, Pennsylvania Council of Churches, Tennessee Clean Water Network, Vermont Conservation Voters, Virginia League of Conservation Voters, Wisconsin Conservation Voters, Concrete Foundations Association, Concrete Reinforcing Steel Institute, Committee on Pipe and Tube Imports (CPTI), Ducks Unlimited (DU), Eastern Municipal Water District. Environment America, Environmental Working Group (EWG), Healing Our Waters-Great Lakes Coalition, Hydraulic Institute, International Union of Operating Engineers (IUOE), International Union of Painters and Allied Trades (IUPAT), Laborers' International Union of North America (LiUNA), Los Angeles County Sanitation, Districts (LACSD), League of Conservation Voters (LCV), Municipal Castings Association, National Association of Clean Water Agencies (NACWA), National Association of Counties (NACO), National Association of Flood & Stormwater Management Agencies (NAFSMA), National Association of Sewer Service Companies (NASSCO), National Concrete Masonry Association, National League of Cities (NLC), National Municipal Stormwater Alliance (NMSA), National Onsite Wastewater Recycling Association (NOWRA), National Precast Concrete Association, National Ready Mixed Concrete Association, National Sand, Stone & Gravel Association (NSSGA), National Utility Contractors Association (NUCA), National Water Resources Association (NWRA), National Waterways Conference, National Wildlife Federation (NWF). Natural Resources Defense Council (NRDC), The Nature Conservancy, Orenco Systems Inc, Puyallup Tribe of Indians, Plastics Pipe Institute, Precast/Prestressed Concrete Institute, Portland Cement Association (PCA), Rural Community Assistance Partnership (RCAP), Sierra Club, Southern Environmental Law Center (SELC), Surfrider Foundation, Theodore Roosevelt Conservation Partnership (TRCP), Tilt-up Concrete Association, Trout Unlimited, United Association of Union, Plumbers and Pipefitters (UA), U.S. Chamber of Commerce, United States Conference of Mayors, Vinyl Institute, Water Environment Federation (WEF), Water Equity and Climate Resilience Caucus, Water Replenishment District (WRD), WateReuse Association, Water Infrastructure Network (WIN), Grasslands Water District--GWD, Milwaukee Metropolitan Sewerage District--MMSD, National Electrical Contractors Association--NECA, United Association of Plumbers and Pipefitters--The United, Western Recycled Water Coalition.

Mr. DeFAZIO. Mr. Speaker, I include in the Record a letter from Chairwoman Eddie Bernice Johnson of the House Committee on Science, Space, and Technology, to waive consideration of H.R. 3684, as amended, as well as my response to Chairwoman Johnson expressing appreciation for her willingness to work cooperatively on this legislation. Mr. Speaker, the INVEST in America Act before us today is generational transformational in terms of what we are going to do in terms of 21st century surface transportation and water infrastructure. We are going to move past the Eisenhower era of the 1950s. During the Eisenhower era, the existential threat to the United States was invasion or attack by Russia. The National Defense Highway System was built to move military equipment to the coast, and it was also built to evacuate our cities in times of nuclear war. Now we have a different existential threat, which is climate change. Tackling climate change is a Herculean task. Some may ask: Why address it in the transportation bill? In fact, we will hear that from the other side. Because the transportation sector is the single largest carbon emitter in the United States of America, and it would be foolish and irresponsible to continue pouring taxpayer money into the old way of thinking, that we must merely expand highways. We know now that doing that creates induced demand. You add more lanes, attract more cars and, before long, congestion returns and you are right back where you started, except now you have bad traffic and more carbon pollution. According to the Texas A&M Transportation Institute, in the last 25 years, we have built 35,000 lane miles in our 100 largest cities, and the cost of congestion and delay have gone up six times. Should we keep doing that? No. It is not working. There are alternatives. We have a great opportunity. The infrastructure of the Eisenhower era is crumbling, threatening safety, quality of life, and economic competitiveness. In fact, some of the infrastructure we are living off, like the critical Baltimore rail tunnel, was built in 1872. It is not going to last long. It is brick and it is leaking water. The tunnels under the Hudson are subject to failure in the not-too- distant future. They were built in 1908. We had great engineers at the time, but now we have become so puny, we can't do big projects like that. No, that is not the United States of America. That is not the American way. We can tackle these challenges, and we will. And climate change is part of what we have to deal with. I hear a lot from the other side about we want resilience. Resilience to what? Sea level rise? Why is the sea level rising? Hmm, I don't know. Severe weather events? Nope. But in my region, just this week, an unprecedented heat wave-- unprecedented in the history of the United States and western Canada, by far; 40 degrees above normal--pavement buckled and melted, cables supplying power to transit melted, high tension lines sagged. Luckily, we got the trees out from under them. They didn't cause fires this time. We have to rebuild this infrastructure to deal with the threats of the 21st century, and this is a tremendous opportunity. We have long had problems with inequality and racial injustice perpetuated by transportation programs, policies, and funding decisions. We have a major section in this bill to right those wrongs and provide new opportunities for those communities and rejoin some of those communities; social equity. U.S. infrastructure was once the envy of the world. We are now 13th and plummeting fast. We are kind of a joke around the world. China is putting 6 percent of their GDP into transportation infrastructure. We are putting in one-half of 1 percent. We are going to compete with that? Other competitive nations in Europe are putting in 2 or 3 percent of their GDP. We are putting in a fraction of that. You know, we have water mains that explode, sewers that back up, and bridges that collapse. We have decrepit transit, $100 billion to bring up to state of good repair, and it breaks down when people are trying to get to work. We have potholes that cost every American between $560 and $1,000 a year in car repairs. The cost of delays is $170 billion, which is way more than we are spending on investment in transportation infrastructure. A rising China is threatening to take over the future of transportation in the world. We cannot let the Chinese do this yet again and steal those jobs from America. We have to move toward the future. We have General Motors, all electric in 2035. The Ford electric Mustang is outselling the fossil fuel Mustang. Hey, it is faster. I have driven a semi-truck made by Volvo. But there are four manufacturers making them, an 80,000-pound capable semi-tractor. Fred Smith from FedEx is going all electric, but he says there is no place to charge them. We have to meet this challenge, and part of this bill is EV challenging on the backbone of the national highway network. We are also going to put significant funds into safety. We are having huge problems with safety: growing deaths in pedestrian, cycling, and others. We have to promote those modes, make them safe. More people will use them. We are making a major investment there, fossil fuel free. This bill is going to focus on bringing things to a state of good repair. 47,000 bridges on the National Highway System need substantial repair or replacement, and an infinite number of off-system bridges. We are creating a new program for off-highway-system bridges; a new program for rural bridges; a new program for the 10 most economically significant bridges in the country, including ones like the Brent Spence Bridge, which is going to collapse or be closed in 8 years, connecting Kentucky and Ohio. Those things are in this bill. If we don't do this bill, then we are doomed to an even more inefficient and decrepit future. We are going to make historic investments in transit, helping to address, as I mentioned, the $100 billion state of good repair backlog. We are closing the last loopholes in transit. We are going to get two Chinese companies--predatory Chinese companies out of here, making electric buses and rail. And we are going to make all of that stuff in the United States of America and create one heck of a lot of jobs. Maybe we will even export electric buses to the rest of the world. Then beyond that, you know, we are going to be a leader in the clean energy economy. That is the future. It is the future. It is the business case. It is where the corporations are going, except parts of the fossil fuel industry. Even ExxonMobil is talking about spending $100 billion on carbon capture and sequestration; even ExxonMobil. But there are other parts of the fossil fuel industry that are, like, ``No, you stick with us. Stick with fossil fuel. Don't allow them to do this electrification stuff. Don't talk about climate change. Carbon pollution doesn't do anything.'' No, none of that is true, and we have to deal with it. It offers opportunities to communities of all sizes: urban, suburban, and rural. There's a 50 percent increase for rural transit, $37 billion from the Surface Transportation Program suballocated to local communities, not the biggest cities. We create several new multimodal discretionary grant programs, including the Community Transportation and Community Climate grants, for local government applicants. For the first time in a decade, we provided bipartisan member- designated projects. 109 Republicans applied for projects. Everyone was offered $20 million under very strict guidelines agreed to by the majority and the minority. We cleaned that up. Some people are saying: Well, this is bad; it is poor. No. Does the Federal DOT or your State DOT know what you need most in your district? What your city needs? What your county needs? You know better, but sometimes they just ignore it. They are focused on the capitol; they are focused on the biggest cities; they are focused on Washington, D.C., who knows what. So we have those projects in this bill. Someone said: Well, if the Republicans won't vote for it, are you going to strip them out? I said: No. These are meritorious projects that have gone through a vetting process. They will stay in. This is helping local communities. Now, I also have to say that we have had issues with the DBE-- Disadvantaged Business Enterprise--program at the Department of Transportation. Discrimination is still a barrier for many to get into constructing and maintaining our Surface Transportation Program. Mr. Speaker, I include in the Record a more comprehensive statement about the need for this crucial program, along with a list of several key studies on discrimination used to help inform the reauthorization of the DBE program. It includes a historic $95 billion in rail investment. That is about a 500 percent increase. We are going to begin to join city pairs so people can get off the highways. Virginia is doing a great project. Instead of putting two more lanes, which would be immediately congested, for $12 billion on I-95, they are going to build a rail project with a new bridge over the Potomac River, partnering with CSX for half the cost, and reduce congestion more and give people a better commute. We need to be looking at that model around the country. The bill includes $32 billion for Amtrak. It also has money for a new program, PRIME, the Passenger Rail Improvement, Modernization, and Expansion program, a $25 billion competitive grant program for States and localities to launch high-speed and intercity rail development. It tackles big rail projects that need significant investment to get off the ground. The $25 billion Bridges, Stations, and Tunnels, or BeST--I mentioned the Baltimore tunnel earlier--directed grant program funds bridges, stations, and tunnels that have total project costs of $500 million or more, which cannot just be carried by local communities. I previously mentioned robust safety programs. It also includes the first reauthorization of the Clean Water State Revolving Fund since 1987. When I was a county commissioner, we got a 75 percent match from the Federal Government to build a system that is still serving a community twice that size today. Today, if we went to the Federal Government for a match, they would say, ``Sorry, we don't help you with wastewater.'' Wastewater does not observe city limits. It does not observe county lines. It does not observe State lines. It does not observe international boundaries. It is a national problem, and our communities need help. I was on a statewide call with county commissioners, 75 percent of them Republicans. They are begging--begging--in these rural counties for help with wastewater and drinking water. We have to step up to the plate on that. This will be the first reauthorization in many, many years. We are going to move forward with this bill, and every part of this bill is backed by the strongest Buy America requirements, labor protections, and new investments in worker training safety. I wish some of the other departments of the Federal Government, particularly the Pentagon, would follow our model to create more jobs in America. It is not enough just to transform it. We need to ensure our investments create good-paying jobs, revitalize American manufacturing, help us compete in the clean energy economy, and lead the world once again, as we were the envy of the world in the 1970s and up to about the early 1980s. This is a chance to reform and rebuild our infrastructure for the future. It is an opportunity to improve safety, equity, and access for all Americans. It is an urgent call to confront the existential threat of climate change and leave a better world for future generations. This is a transformative bill that will improve mobility, economic competitiveness, and the quality of life in communities across the country. Infrastructure is calling, and Congress must finally answer the call. Chairman Peter DeFazio Statement for the Record on DBE Program and Disparity Studies Submitted to the Record INVEST in America Act, General Debate, June 30, 2021. I include in the Record: The INVEST in America Act once again reauthorizes the critically important Disadvantage Business Enterprise, or DBE, program at the Department of Transportation. Unfortunately, even with the DBE Program, discrimination still haunts us in the market to construct and maintain our federal surface transportation system. We hear about it from constituents and others who work as contractors in the transportation industry. We've read about it in personal statements submitted by women- and minority- small business owners from across the country. And we see it reflected in mounds of statistical evidence compiled by my Committee. This evidence includes many thousands of pages of rigorous statistical analysis demonstrating clear disparities between the capacity of minority- and women-owned businesses to compete for federal dollars, and the utilization of that capacity by federal contractors. These studies represent thousands of pages of complex rigorous analysis by many different authors in every region of our nation. And while the findings are better than in the early days of the DBE program, we still have a long way to go. I'd like to just highlight a tiny fraction of the information found in these studies: Just so my colleagues don't think I am picking on their states, let me start with Oregon. The 2016 ODOT Disparity Study found that women- and minority-owned firms only won 61 cents on the dollar of what we would expect given their availability on state and federally funded highway contracts. Non-minority women, African Americans and Native Americans did even worse at 52 cents, 58 cents and 49 cents respectively. In Texas DOT spending, women and minority owned firms as a group won only 60 cents on the dollar of what we might have expected for state-funded transportation projects given their availability in the market. Non-minority women, African Americans, Hispanic Americans and Native Americans all did worse. Indeed, African Americans won only 22 cents on the dollar and Native Americans won only 18 cents on the dollar. The numbers were even worse when considering only federal funds--32 cents on the dollar when considering Federal Highway Administration contracts alone. For Maryland, which has had one of the more robust and continuously operated DBE programs in the nation, DBEs still get only 70 cents on the dollar of combined federal and state transportation funding. For African Americans, the number is 50 cents, for Native Americans it's 43 cents and for non- minority women, the number is 56 cents. Sadly, in the transit industry, things are not much better. For instance, an analysis of contracting for the Los Angeles, California, Metropolitan Transportation Authority, found that firms owned by women and minorities make about 74 cents on the dollar of what we would expect given their representation in the marketplace. For non-minority women, the number was 59 cents and for African Americans it was 51 cents. These same troubling statistics are repeated in cities and states that spend some of their budgets on surface transportation and similar construction, architecture, and engineering projects. For instance, the 2018 study for the Nashville, Tennessee area found that women- and minority- owned business enterprises got 54 cents of every one dollar in construction prime contracting; Asian American firms were at 25 cents on the dollar; and firms owned by Hispanic Americans earned only 1 cent of every dollar of what we would expect given their marketplace representation. There's no doubt that things are better today than before the DBE Program--more firms owned by women and minorities get work than they did forty years ago. But the progress has been slow, halting, and exceedingly fragile. One of the powerful things about the disparity study evidence we have collected is the diversity of approaches and analyses these documents provide. Some studies, for instance, not only study disparities in the public and private surface transportation markets, but they also attempt to analyze what might occur if the DBE program no longer existed. One interesting example is found in the LA Metro study where they compared the participation of minority- and women-owned firms on contracts that had goals to encourage diverse participation and those that did not. The results are stunning. On contracts with goals, participation occurred at almost the level we would expect given the presence of minority- and women-owned firms in the marketplace and firms owned by minorities and women earned 96 cents on the dollar--on contracts without goals, they earned 53 cents on the dollar. The numbers are even more startling for certain subgroups. On contracts with goals, non-minority women actually exceeded parity (something that regularly occurs for firms owned by non-minority males, but rarely happens for firms owned by women and minorities). But on contracts without goals, firms owned by non-minority women earned only 37 cents on the dollar. Firms owned by Hispanic Americans approached parity on contracts with goals (98 cents on the dollar), but on contracts without goals, they earned only 59 cents on the dollar. African American owned firms earned only 64 cents on the dollar even on contracts with goals, and on contracts without goals the number plummeted to 30 cents on the dollar. Tragically, the COVID-19 pandemic only exacerbated the need for the DBE program. Preliminary data on the pandemic's economic devastation shows a massively disproportionate impact on small businesses in minority communities. An article by Dr. Robert Fairlie published last year by the Stanford Institute for Economic Policy Research, uses statistics from the Census Bureau's Current Population Survey to illustrate just how devastating the COVID-19 pandemic has already been for firms owned by minorities and women. His analysis examines the drop in ``active businesses'' comparing the numbers from mid-February 2020, just before the effects of the pandemic became clear in the United States, to mid- April, when the economy in much of the country had shut down. During that time, all businesses experienced economic devastation--but because of discrimination, the devastation was far greater for businesses owned by women and minorities. For instance, during this period the number of active businesses owned by whites dropped 17 percent, but the number of businesses owned by African Americans dropped 41 percent. For Hispanic businesses, the number was 32 percent and for firms owned by Asian Americans the drop was 26 percent. These numbers are not just troubling, they are staggering, and the pandemic is still not over. Now, more than ever, as we prepare to spend billions of federal dollars on transportation projects, it is urgent that we ensure the process of awarding federal transportation contract dollars is not discriminatory, and that minorities and women are allowed to compete on an equal playing field for those dollars. Below is a list of dozens of disparity studies held on file with the Committee on Transportation and Infrastructure demonstrating the continued need for this essential program: State and Local Disparity Studies From 2015-2021 Alaska Alaska Department of Transportation & Public Facilities Disadvantaged Business Enterprise Study, Final Report & Final Appendices, Prepared by the Alaska Department of Transportation & Public Facilities Civil Rights Office (2020). Arizona Arizona Department of Transportation Disparity Study, Final Report, Prepared by Keen Independent Research (2020). Arizona Department of Transportation Disparity Study Report, Prepared by Keen Independent Research (2015). California Caltrans Disparity Study, Prepared by BBC Research and Consulting for Caltrans Department of Transportation (2016). City of Oakland 2017 Race and Gender Disparity Study, Prepared by Mason Tillman Associates, Ltd. (2020). LA Metro 2017 Disparity Study, Prepared by BBC Research & Consulting for the Los Angeles County Metropolitan Transportation Authority (2018). San Francisco Bay Area Rapid Transit District Disparity Study Volumes I-II, Prepared by Miller Consulting, Inc. (2017). Disadvantaged Business Enterprise Availability, Utilization, and Disparity Study for the San Francisco Municipal Transportation Agency, Prepared by Rosales Business Partners LLC (2015). Colorado City and County of Denver Disparity Study, Prepared by BBC Research & Consulting (2018). Colorado Disparity Study, Final Report, Prepared by Keen Independent Research (2020). Connecticut Connecticut Disparity Study: Phases 1-3, Prepared by The Connecticut Academy of Science and Engineering for the Connecticut General Assembly and the Government Administration and Elections Commission (2013, 2014, 2016). District of Columbia District of Columbia Department of Small and Local Business Development Comparative Analysis: Minority and Women-Owned Business Assessment, Prepared by CRP, Inc (2019). District of Columbia Department of Small and Local Business Development Disparity Report Framework and Recommendations, Prepared by CRP, Inc. (2019). 2015 Disparity Study for Washington Suburban Sanitary Commission, Prepared by MGT of America, Inc. (2016). Florida Minority, Women, and Small Business Enterprise Disparity Study for the City of Tallahassee, Leon County, Florida and Blueprint Intergovernmental Agency, Prepared by MGT Consulting Group (2019). Palm Beach County Disparity Study, Prepared by Mason Tillman Associates, Ltd. (2017). Solid Waste Authority of Palm Beach County, Florida Disparity Study, Prepared by Mason Tillman Associates, Ltd. (2017). Georgia Atlanta Housing Authority Disparity Study, Prepared by Keen Independent Research (2017). Atlanta Public Schools Disparity Study, Prepared by Keen Independent Research (2017). City of Atlanta Disparity Study Summary Report, Prepared by Keen Independent Research LLC (2015). Fulton County Small Business Study, Prepared by Keen Independent Research (2016). Georgia Department of Transportation Disparity Study, Prepared by Griffin & Strong, P.C. for the State of Georgia (2016). Hawaii Hawaii Department of Transportation 2019 Availability and Disparity Study, Prepared by Keen Independent Research (2020). Idaho Idaho Transportation Department Disparity Study, Prepared by BBC Research & Consulting (2017). Illinois Chicago Transit Authority Disparity Study, Prepared by Colette Holt & Associates (2019). Illinois Department of Transportation Disparity Study, Prepared by BBC Research & Consulting (2017). Illinois State Toll Highway Authority Disparity Study Construction and Construction Related Services, Prepared by Colette Holt & Associates (2015). Indiana City of Indianapolis and Marion County Disparity Study, BBC Research & Consulting (2019). City of South Bend Disparity Study, Prepared by Colette Holt & Associates (2019). State of Indiana Disparity Study, Prepared by BBC Research & Consulting for the Indiana Department of Administration (2015-16). State of Indiana Disparity Study, Prepared by BBC Research & Consulting for the Indiana Department of Administration (2020). Kansas City of Kansas City Construction Workforce Disparity Study, Prepared by Keen Independent Research (2019). City of Kansas City, Missouri Disparity Study, Prepared by Colette Holt & Associates (2016). Kentucky Louisville & Jefferson County Metropolitan Sewer District Disparity Study, Prepared by Mason Tillman Associates, Ltd. (2018). Louisiana City of Baton Rouge, Parish of East Baton Rouge Disparity Study, Prepared by Keen Independent Research (2019). City of New Orleans Disparity Study, Prepared by Keen Independent Research (2018). Recreation and Park Commission for the Parish of East Baton Rouge Disparity Study, Prepared by Keen Independent Research (2019). Maryland Business Disparities in the Maryland Market Area, Prepared by NERA Economic Consulting for the State and Maryland and the Maryland Department of Transportation (2017). Disadvantaged Business Enterprise Disparity Study: Volumes I-III, Prepared by NERA Economic Consulting for the Maryland Department of Transportation (2018). Massachusetts Business Disparities in the DCAMM Construction and Design Market Area, Prepared by NERA Economic Consulting for the Commonwealth of Massachusetts Division of Capital Asset Management and Maintenance (2017). City of Boston 2020 Disparity Study, Prepared by BBC Research & Consulting (2021). Minnesota 2017 Minnesota Joint Disparity Study City of Minneapolis, Prepared by Keen Independent Research (2018). 2017 Minnesota Joint Disparity Study City of Saint Paul, Prepared by Keen Independent Research (2018). 2017 Minnesota Joint Disparity Study Hennepin County, Prepared by Keen Independent Research (2018). 2017 Minnesota Joint Disparity Study Metropolitan Airports Commission, Prepared by Keen Independent Research (2018). 2017 Minnesota Joint Disparity Study Metropolitan Council, Prepared by Keen Independent Research (2018). 2017 Minnesota Joint Disparity Study Metropolitan Mosquito Control District, Prepared by Keen Independent Research (2018). 2017 Minnesota Joint Disparity Study Minnesota Department of Administration; Prepared by Keen Independent Research (2018). 2017 Minnesota Joint Disparity Study Minnesota Department of Transportation, Prepared by Keen Independent Research (2018). 2017 Minnesota Joint Disparity Study Minnesota State Colleges and Universities, Prepared by Keen Independent Research (2018). Missouri City of St. Louis Disparity Study, Prepared by Mason Tillman Associates (2015). Missouri Department of Transportation DBE Availability Study, Prepared by Keen Independent Research (2019). Saint Louis County Disparity Study, Prepared by Griffin & Strong P.C. (2017). Montana Availability and Disparity Study, Prepared by Keen Independent Research LLC for the State of Montana Department of Transportation (2016). Nevada Nevada Transportation Consortium Disparity Study, Prepared by BBC Research & Consulting for the Regional Transportation Commission of Southern Nevada (2017). New Jersey NJ Transit Disparity Study, Executive Summary & Appendix, Prepared by The Roy Wilkins Center for Human Relations and Social Justice, Hubert H. Humphrey School of Public Affairs, University of Minnesota (2016). New York City of New York Disparity Study, Prepared by MGT Consulting Group (2018). State of New York MWBE Disparity Study, Volumes I & II, Prepared by Mason Tillman Associates, Ltd. (2016). North Carolina City of Asheville, North Carolina Disparity Study, Prepared by BBC Research & Consulting (2018). City of Charlotte Disparity Study, Prepared by BBC Research & Consulting (2017). City of Winston-Salem Disparity Study, Prepared by MGT Consulting Group (2019). Durham County/City of Durham, North Carolina Multi- jurisdictional Disparity Study, Prepared by Griffin & Strong,

Mr. DeFAZIO. Mr. Speaker, I reserve the balance of my time. House of Representatives, Committee on Science, Space, and Technology, Washington, DC, June 21, 2021. Hon. Peter A. Defazio, Chairman, Committee on Transportation and Infrastructure, Washington, DC. Dear Chairman Defazio: I am writing you concerning H.R. 3684, the ``INVEST in America Act,'' which was ordered to be reported out of the Committee on Transportation and Infrastructure on June 10, 2021. Prior to this, I submitted a jurisdictional claim letter for a sequential referral on this bill on June 7, 2021 and the Office of the Parliamentarian found this claim to be valid. As a result of cooperative consultations with the Committee on Science, Space, and Technology (``Science Committee'') and in the interest an expedient consideration of H.R. 3684 before the House of Representatives, I will waive formal consideration of this bill. I take this action with a mutual understanding between our two Committees that by foregoing consideration of H.R. 3684, the Science Committee does not waive any jurisdiction over the subject matter contained in this, or in similar, legislation. Furthermore, I humbly request a letter confirming this understanding and that this exchange of letters be included in the bill report to be filed by the Committee on Transportation and Infrastructure as well as included in the Congressional Record during floor consideration of the bill. Finally, I ask that you support the appointment of Science Committee conferees during any House-Senate conference convened on this legislation. Sincerely, Eddie Bernice Johnson, Chairwoman, Committee on Science, Space, and Technology.

Mr. DeFAZIO. Mr. Speaker, I yield 2 minutes to the gentlewoman from the District of Columbia (Ms. Norton), the chair of the Surface Transportation Subcommittee.

Mr. DeFAZIO. Mr. Speaker, I yield 2 minutes to the gentleman from New Jersey (Mr. Payne), the chair of the Railroads, Pipelines, and Hazardous Materials Subcommittee.