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Congressional Record, Senate — August 2, 2021, S5641

Summary

This is S5641 of the Congressional Record, Senate, August 2, 2021, with interleaved columns of amendment text. The page prints text intended to be added at the end of an amendment to H.R. 3684, a division on required reports under the National Environmental Policy Act. It would amend title I of the National Environmental Policy Act of 1969 to add a section requiring the head of each Federal agency that carries out the NEPA process to track and annually submit to Congress reports on categorical exclusions, environmental assessments, and environmental impact statements, and on the costs of the NEPA process.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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“Congressional Record, Senate — August 2, 2021, S5641.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-08-02-crec-2021-08-02-pt1-pgs5641-2-9b07875be7/, SHA-256 592a4f2c35daa22c7c345eaf784215a42b20c879bc2a0977dbfc4adef3c5db87.

Full text

                                               August 2, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                     S5641
                                               an alternative that does not meet the re-               poses; which was ordered to lie on the                   ‘‘(v) the length of time the Federal agency
                                               quirements of subsection (b), the lead agency           table; as follows:                                     took to complete each environmental assess-
                                               shall omit the alternative from the environ-              At the end of the amendment, add the fol-            ment described in clause (iv);
                                               mental impact statement.                                lowing:                                                  ‘‘(vi) the number of proposed actions pend-
                                                 ‘‘(g) REPORTS.—                                                                                              ing on the date on which the report is sub-
                                                 ‘‘(1) NEPA DATA.—                                     DIVISION     ll—REQUIRED        REPORTS
                                                                                                                                                              mitted for which an environmental assess-
                                                 ‘‘(A) IN GENERAL.—The head of each Fed-                 UNDER     THE     NATIONAL    ENVIRON-
                                                                                                                                                              ment is being drafted;
                                               eral agency that carries out the NEPA proc-               MENTAL POLICY ACT
                                                                                                                                                                ‘‘(vii) the number of proposed actions for
                                               ess shall carry out a process to track, and             SEC. ll. REQUIRED REPORTS UNDER NEPA.
                                                                                                                                                              which an environmental impact statement
                                               annually submit to Congress a report con-                 Title I of the National Environmental Pol-           was issued during the reporting period;
                                               taining, the information described in sub-              icy Act of 1969 is amended—                              ‘‘(viii) the length of time the Federal agen-
                                               paragraph (B).                                            (1) by redesignating section 105 (42 U.S.C.          cy took to complete each environmental im-
                                                 ‘‘(B) INFORMATION DESCRIBED.—The infor-               4335) as section 106; and                              pact statement described in clause (vii); and
                                               mation referred to in subparagraph (A) is,                (2) by inserting after section 104 (42 U.S.C.          ‘‘(ix) the number of proposed actions pend-
                                               with respect to the Federal agency issuing              4334) the following:                                   ing on the date on which the report is sub-
                                               the report under that subparagraph—                     ‘‘SEC. 105. REQUIRED REPORTS.
                                                                                                                                                              mitted for which an environmental impact
                                                 ‘‘(i) the number of proposed actions for                 ‘‘(a) DEFINITIONS.—In this section:                 statement is being drafted.
                                               which a categorical exclusion was issued dur-              ‘‘(1) ENVIRONMENTAL ASSESSMENT.—The                   ‘‘(2) NEPA COSTS.—
                                               ing the reporting period;                               term ‘environmental assessment’ has the                  ‘‘(A) IN GENERAL.—Not later than 1 year
                                                 ‘‘(ii) the length of time the Federal agency          meaning given the term in section 1508.1 of            after the date of enactment of this sub-
                                               took to issue the categorical exclusions de-            title 40, Code of Federal Regulations (or a            section, the Chair of the Council on Environ-
                                               scribed in clause (i);                                  successor regulation).                                 mental Quality and the Director of the Office
                                                 ‘‘(iii) the number of proposed actions pend-            ‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.—
                                                                                                                                                              of Management and Budget shall jointly de-
                                               ing on the date on which the report is sub-             The term ‘environmental impact statement’
                                                                                                                                                              velop a methodology to assess the com-
                                               mitted for which the issuance of a categor-             means a detailed statement required under
                                                                                                                                                              prehensive costs of the NEPA process.
                                               ical exclusion is pending;                              section 102(2)(C).
                                                                                                                                                                ‘‘(B) REQUIREMENTS.—The head of each
                                                 ‘‘(iv) the number of proposed actions for               ‘‘(3) FEDERAL AGENCY.—The term ‘Federal
                                                                                                                                                              Federal agency that carries out the NEPA
                                               which an environmental assessment was                   agency’ includes a State that has assumed
                                                                                                                                                              process shall—
                                               issued during the reporting period;                     responsibility under section 327 of title 23,
                                                                                                                                                                ‘‘(i) adopt the methodology developed
                                                 ‘‘(v) the length of time the Federal agency           United States Code.
                                                                                                                                                              under subparagraph (A); and
                                               took to complete each environmental assess-               ‘‘(4) HEAD OF A FEDERAL AGENCY.—The term
                                                                                                       ‘head of a Federal agency’ includes the gov-             ‘‘(ii) use the methodology developed under
                                               ment described in clause (iv);
                                                                                                       ernor or head of an applicable State agency            subparagraph (A) to annually submit to Con-
                                                 ‘‘(vi) the number of proposed actions pend-
                                                                                                       of a State that has assumed responsibility             gress a report describing—
                                               ing on the date on which the report is sub-
                                                                                                       under section 327 of title 23, United States             ‘‘(I) the comprehensive cost of the NEPA
                                               mitted for which an environmental assess-
                                                                                                       Code.                                                  process for each proposed action that was
                                               ment is being drafted;
                                                                                                         ‘‘(5) NEPA PROCESS.—                                 carried out within the reporting period; and
                                                 ‘‘(vii) the number of proposed actions for
                                                                                                         ‘‘(A) IN GENERAL.—The term ‘NEPA proc-                 ‘‘(II) for a proposed action for which the
                                               which an environmental impact statement
                                                                                                       ess’ means the entirety of every process,              head of the Federal agency is still com-
                                               was issued during the reporting period;
                                                 ‘‘(viii) the length of time the Federal agen-         analysis, or other measure, including an en-           pleting the NEPA process at the time the re-
                                               cy took to complete each environmental im-              vironmental impact statement, required to              port is submitted—
                                               pact statement described in clause (vii); and           be carried out by a Federal agency under                 ‘‘(aa) the amount of money expended to
                                                 ‘‘(ix) the number of proposed actions pend-           this title before the agency undertakes a              date to carry out the NEPA process for the
                                               ing on the date on which the report is sub-             proposed action.                                       proposed action; and
                                               mitted for which an environmental impact                  ‘‘(B) PERIOD.—For purposes of subpara-                 ‘‘(bb) an estimate of the remaining costs
                                               statement is being drafted.                             graph (A), the NEPA process—                           before the NEPA process for the proposed ac-
                                                 ‘‘(2) NEPA COSTS.—                                      ‘‘(i) begins on the date on which the head           tion is complete.’’.
                                                 ‘‘(A) IN GENERAL.—Not later than 1 year               of a Federal agency receives an application
                                               after the date of enactment of this sub-                for a proposed action from a project sponsor;            SA 2254. Mr. LEE submitted an
                                               section, the Chair of the Council on Environ-           and                                                    amendment intended to be proposed to
                                               mental Quality and the Director of the Office             ‘‘(ii) ends on the date on which the Federal         amendment SA 2137 proposed by Mr.
                                               of Management and Budget shall jointly de-              agency issues, with respect to the proposed            SCHUMER (for Ms. SINEMA (for herself,
                                               velop a methodology to assess the com-                  action—                                                Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
                                               prehensive costs of the NEPA process.                     ‘‘(I) a record of decision, including, if nec-       SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
                                                 ‘‘(B) REQUIREMENTS.—The head of each                  essary, a revised record of decision;                  TESTER, Ms. MURKOWSKI, Mr. WARNER,
                                               Federal agency that carries out the NEPA                  ‘‘(II) a finding of no significant impact; or
                                                                                                         ‘‘(III) a categorical exclusion under this
                                                                                                                                                              and Mr. ROMNEY)) to the bill H.R. 3684,
                                               process shall—
                                                 ‘‘(i) adopt the methodology developed                 title.                                                 to authorize funds for Federal-aid high-
                                               under subparagraph (A); and                               ‘‘(6) PROJECT SPONSOR.—The term ‘project             ways, highway safety programs, and
                                                 ‘‘(ii) use the methodology developed under            sponsor’ means a Federal agency or other en-           transit programs, and for other pur-
                                               subparagraph (A) to annually submit to Con-             tity, including a private or public-private en-        poses; which was ordered to lie on the
                                               gress a report describing—                              tity, that seeks approval of a proposed ac-            table; as follows:
                                                 ‘‘(I) the comprehensive cost of the NEPA              tion.                                                    Strike all after the enacting clause and in-
                                               process for each proposed action that was                 ‘‘(b) REPORTS.—
                                                                                                                                                              sert the following:
                                               carried out within the reporting period; and              ‘‘(1) NEPA DATA.—
                                                                                                                                                              SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
                                                 ‘‘(II) for a proposed action for which the              ‘‘(A) IN GENERAL.—The head of each Fed-
                                               head of the Federal agency is still com-                eral agency that carries out the NEPA proc-              (a) SHORT TITLE.—This Act may be cited as
                                               pleting the NEPA process at the time the re-            ess shall carry out a process to track, and            the ‘‘Transportation Empowerment Act’’.
                                               port is submitted—                                      annually submit to Congress a report con-                (b) TABLE OF CONTENTS.—The table of con-
                                                 ‘‘(aa) the amount of money expended to                taining, the information described in sub-             tents for this Act is as follows:
                                               date to carry out the NEPA process for the              paragraph (B).                                         Sec. 1. Short title; table of contents.
                                               proposed action; and                                      ‘‘(B) INFORMATION DESCRIBED.—The infor-              Sec. 2. Findings and purposes.
                                                 ‘‘(bb) an estimate of the remaining costs             mation referred to in subparagraph (A) is,                    TITLE I—HIGHWAY FUNDING
                                               before the NEPA process for the proposed ac-            with respect to the Federal agency issuing
                                                                                                                                                              Sec. 101. Authorization of appropriations.
                                               tion is complete.’’.                                    the report under that subparagraph—
                                                                                                                                                              Sec. 102. Federalization and defederalization
                                                                                                         ‘‘(i) the number of proposed actions for
                                                                                                                                                                            of projects.
                                                 SA 2253. Mr. LEE submitted an                         which a categorical exclusion was issued dur-
                                                                                                                                                              Sec. 103. Reporting requirements.
                                               amendment intended to be proposed to                    ing the reporting period;
                                                                                                                                                              Sec. 104. Funding limitation.
                                               amendment SA 2137 proposed by Mr.                         ‘‘(ii) the length of time the Federal agency
                                                                                                                                                              Sec. 105. Reports; certification.
                                                                                                       took to issue the categorical exclusions de-




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                                               SCHUMER (for Ms. SINEMA (for herself,                                                                              TITLE II—FEDERAL-AID HIGHWAY
                                               Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-                      scribed in clause (i);
                                                                                                         ‘‘(iii) the number of proposed actions pend-                     PROGRAM REFORMS
                                               SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
                                                                                                       ing on the date on which the report is sub-            Sec. 201. Definitions.
                                               TESTER, Ms. MURKOWSKI, Mr. WARNER,                      mitted for which the issuance of a categor-            Sec. 202. Federal-aid system.
                                               and Mr. ROMNEY)) to the bill H.R. 3684,                 ical exclusion is pending;                             Sec. 203. Apportionment.
                                               to authorize funds for Federal-aid high-                  ‘‘(iv) the number of proposed actions for            Sec. 204. Additional deposits in Highway
                                               ways, highway safety programs, and                      which an environmental assessment was                                Trust Fund.
                                               transit programs, and for other pur-                    issued during the reporting period;                    Sec. 205. Project approval and oversight.




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                                               S5642                                             CONGRESSIONAL RECORD — SENATE                                                         August 2, 2021
                                               Sec. 206. Standards.                                      (6) the Federal role in highway transpor-            program under section 203 of title 23, United
                                               Sec. 207. Nationally significant freight and            tation has, over time, usurped the role of the         States Code, $300,000,000 for each of fiscal
                                                            highway projects.                          States by taxing motor fuels used in the               years 2022 through 2026, of which—
                                               Sec. 208. National highway performance pro-             States and then distributing the proceeds to             (I) $240,000,000 of the amount made avail-
                                                            gram.                                      the States based on the perceptions of the             able for each fiscal year shall be the amount
                                               Sec. 209. Federal share payable.                        Federal Government on what is best for the             for the National Park Service; and
                                               Sec. 210. Emergency relief.                             States;                                                  (II) $30,000,000 of the amount made avail-
                                               Sec. 211. Transferability of Federal-aid high-            (7) the Federal Government has used the              able for each fiscal year shall be the amount
                                                            way funds.                                 Federal motor fuels tax revenues to force all          for the United States Fish and Wildlife Serv-
                                               Sec. 212. Toll roads, bridges, tunnels, and             States to take actions that are not nec-               ice.
                                                            ferries.                                   essarily appropriate for individual States;              (ii) FEDERAL LANDS ACCESS PROGRAM.—For
                                               Sec. 213. Railway-highway crossings.                      (8) the Federal distribution, review, and            the Federal lands access program under sec-
                                               Sec. 214. Surface transportation block grant            enforcement process wastes billions of dol-            tion 204 of title 23, United States Code,
                                                            program.                                   lars on unproductive activities;                       $250,000,000 for each of fiscal years 2022
                                               Sec. 215. Metropolitan transportation plan-               (9) Federal mandates that apply uniformly            through 2026.
                                                            ning.                                      to all 50 States, regardless of the different            (b) FUNDING FOR HIGHWAY RESEARCH AND
                                               Sec. 216. Control of junkyards.                         circumstances of the States, cause the                 DEVELOPMENT PROGRAM.—
                                               Sec. 217. Enforcement of requirements.                  States to waste billions of hard-earned tax              (1) AUTHORIZATION OF APPROPRIATIONS.—
                                               Sec. 218. Public transportation.                                                                               There is authorized to be appropriated out of
                                                                                                       dollars on projects, programs, and activities
                                               Sec. 219. Highway use tax evasion projects.                                                                    the Highway Trust Fund to carry out section
                                                                                                       that the States would not otherwise under-
                                               Sec. 220. National bridge and tunnel inven-                                                                    503(b) of title 23, United States Code,
                                                                                                       take; and
                                                            tory and inspection standards.                                                                    $115,000,000 for each of fiscal years 2022
                                               Sec. 221. Carpool and vanpool projects.                   (10) Congress has expressed a strong inter-
                                                                                                       est in reducing the role of the Federal Gov-           through 2026.
                                               Sec. 222. Construction of ferry boats and                                                                        (2) APPLICABILITY OF TITLE 23, UNITED
                                                            ferry terminal facilities.                 ernment by allowing each State to manage
                                                                                                       its own affairs.                                       STATES CODE.—Funds authorized to be appro-
                                               Sec. 223. Highway safety improvement pro-                                                                      priated by paragraph (1) shall—
                                                                                                         (b) PURPOSES.—The purposes of this Act
                                                            gram.                                                                                               (A) be available for obligation in the same
                                               Sec. 224. Repeal of congestion mitigation               are—
                                                                                                         (1) to provide a new policy blueprint to             manner as if those funds were apportioned
                                                            and air quality improvement                                                                       under chapter 1 of title 23, United States
                                                            program.                                   govern the Federal role in transportation
                                                                                                       once existing and prior financial obligations          Code, except that the Federal share of the
                                               Sec. 225. National goals and performance                                                                       cost of a project or activity carried out using
                                                            measures.                                  are met;
                                                                                                         (2) to return to the individual States max-          those funds shall be 80 percent, unless other-
                                               Sec. 226. National electric vehicle charging                                                                   wise expressly provided by this Act (includ-
                                                            and hydrogen, propane, and                 imum discretionary authority and fiscal re-
                                                                                                       sponsibility for all elements of the national          ing the amendments by this Act); and
                                                            natural gas fueling corridors.                                                                      (B) remain available until expended and
                                               Sec. 227. Hazard elimination program.                   surface transportation systems that are not
                                                                                                       within the direct purview of the Federal               not be transferable.
                                               Sec. 228. National scenic byways program.
                                                                                                       Government;                                            SEC.       102.   FEDERALIZATION      AND
                                               Sec. 229. National highway freight program.                                                                                DEFEDERALIZATION OF PROJECTS.
                                               Sec. 230. Recreational trails program.                    (3) to preserve Federal responsibility for
                                                                                                       the Dwight D. Eisenhower National System                 Notwithstanding any other provision of
                                               Sec. 231. Bicycle transportation and pedes-
                                                                                                       of Interstate and Defense Highways;                    law, beginning on October 1, 2021—
                                                            trian walkways.
                                                                                                         (4) to preserve the responsibility of the De-          (1) a highway construction or improvement
                                               Sec. 232. Alaska highway.
                                                                                                       partment of Transportation for—                        project shall not be considered to be a Fed-
                                               Sec. 233. Conforming amendments.
                                                                                                         (A) design, construction, and preservation           eral highway construction or improvement
                                                TITLE III—HIGHWAY TRUST FUND AND                                                                              project unless and until a State expends Fed-
                                                             RELATED TAXES                             of transportation facilities on Federal public
                                                                                                       land;                                                  eral funds for the construction portion of the
                                                Subtitle A—Highway Trust Fund Authority                  (B) national programs of transportation re-          project;
                                               Sec. 301. Extension of Highway Trust Fund               search and development and transportation                (2) a highway construction or improvement
                                                            expenditure authority.                     safety; and                                            project shall not be considered to be a Fed-
                                               Sec. 302. Termination of Mass Transit Ac-                 (C) emergency assistance to the States in            eral highway construction or improvement
                                                            count.                                     response to natural disasters;                         project solely by reason of the expenditure of
                                               Sec. 303. Transfer of unused COVID–19 ap-                 (5) to eliminate to the maximum extent               Federal funds by a State before the construc-
                                                            propriations to the Highway                practicable Federal obstacles to the ability           tion phase of the project to pay expenses re-
                                                            Trust Fund.                                of each State to apply innovative solutions            lating to the project, including for any envi-
                                               Sec. 304. Termination of employee retention             to the financing, design, construction, oper-          ronmental document or design work required
                                                            credit for employers subject to            ation, and preservation of Federal and State           for the project; and
                                                            closure due to COVID–19.                   transportation facilities; and                           (3)(A) a State may, after having used Fed-
                                               Sec. 305. Transfer of unused Coronavirus                  (6) with respect to transportation activi-           eral funds to pay all or a portion of the costs
                                                            State and Local Fiscal Recov-              ties carried out by States, local govern-              of a highway construction or improvement
                                                            ery Funds to the Highway                   ments, and the private sector, to encour-              project, reimburse the Federal Government
                                                            Trust Fund.                                age—                                                   in an amount equal to the amount of Federal
                                                    Subtitle B—Highway Related Taxes                     (A) competition among States, local gov-             funds so expended; and
                                                                                                       ernments, and the private sector; and                    (B) after completion of a reimbursement
                                               Sec. 311. Reduction in taxes on gasoline, die-
                                                                                                         (B) innovation, energy efficiency, private           described in subparagraph (A), a highway
                                                            sel fuel, kerosene, and special
                                                                                                       sector participation, and productivity.                construction or improvement project de-
                                                            fuels funding Highway Trust
                                                                                                                                                              scribed in that subparagraph shall no longer
                                                            Fund.                                              TITLE I—HIGHWAY FUNDING
                                                                                                                                                              be considered to be a Federal highway con-
                                               Sec. 312. Extension     of    highway-related           SEC. 101. AUTHORIZATION OF APPROPRIATIONS.             struction or improvement project.
                                                            taxes.                                       (a) IN GENERAL.—                                     SEC. 103. REPORTING REQUIREMENTS.
                                               SEC. 2. FINDINGS AND PURPOSES.                            (1) AUTHORIZATION OF APPROPRIATIONS.—                  No reporting requirement, other than a re-
                                                 (a) FINDINGS.—Congress finds that—                    The following sums are authorized to be ap-            porting requirement in effect as of the date
                                                 (1) the objective of the Federal highway              propriated out of the Highway Trust Fund:              of enactment of this Act, shall apply on or
                                               program has been to facilitate the construc-              (A) FEDERAL-AID HIGHWAY PROGRAM.—For                 after October 1, 2021, to the use of Federal
                                               tion of a modern freeway system that pro-               the national highway performance program               funds for highway projects by a public-pri-
                                               motes efficient interstate commerce by con-             under section 119 of title 23, United States           vate partnership.
                                               necting all States;                                     Code, the surface transportation block grant           SEC. 104. FUNDING LIMITATION.
                                                 (2) the objective described in paragraph (1)          program under section 133 of that title, the             Notwithstanding any other provision of
                                               has been attained, and the Interstate System            highway safety improvement program under               law, if the Secretary of Transportation de-
                                               connecting all States is near completion;               section 148 of that title, and the national            termines for any of fiscal years 2022 through
                                                 (3) each State has the responsibility of pro-         highway freight program under section 167 of           2026 that the aggregate amount required to
                                               viding an efficient transportation network              that title $18,450,000,000 for each of fiscal




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                                                                                                                                                              carry out transportation programs and
                                               for the residents of the State;                         years 2022 through 2026.                               projects under this Act and the amendments
                                                 (4) each State has the means to build and               (B) EMERGENCY RELIEF.—For emergency re-              made by this Act exceeds the estimated ag-
                                               operate a network of transportation sys-                lief under section 125 of title 23, United             gregate amount in the Highway Trust Fund
                                               tems, including highways, that best serves              States Code, $100,000,000 for each of fiscal           available for those programs and projects for
                                               the needs of the State;                                 years 2022 through 2026.                               the fiscal year, each amount made available
                                                 (5) each State is best capable of deter-                (C) FEDERAL LANDS PROGRAMS.—                         for that program or project shall be reduced
                                               mining the needs of the State and acting on               (i) FEDERAL LANDS TRANSPORTATION PRO-                by the pro rata percentage required to re-
                                               those needs;                                            GRAM.—For the Federal lands transportation             duce the aggregate amount required to carry




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                                               August 2, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                      S5643
                                               out those programs and projects to an                      (1) in subsection (a)—                              any amount the State would otherwise re-
                                               amount equal to the amount available for                   (A) by striking paragraph (1) and inserting         ceive from the Highway Trust Fund for the
                                               those programs and projects in the Highway              the following:                                         fiscal year that begins after the date of the
                                               Trust Fund for the fiscal year.                            ‘‘(1) IN GENERAL.—There is authorized to be         determination.’’; and
                                               SEC. 105. REPORTS; CERTIFICATION.                       appropriated from the Highway Trust Fund                 (7) by striking subsection (i) and inserting
                                                 (a) REPORT ON EXISTING OBLIGATIONS.—                  for each of fiscal years 2022 through 2026, to         the following:
                                                 (1) IN GENERAL.—The Director of the Office            be made available to the Secretary for ad-               ‘‘(g) BASE APPORTIONMENT DEFINED.—In
                                               of Management and Budget (referred to in                ministrative expenses of the Federal High-             this section, the term ‘base apportionment’
                                               this section as the ‘‘Director’’), in consulta-         way Administration, an amount equal to 1               means the combined amount authorized for
                                               tion with the Secretary of Transportation,              percent of the amounts made available for              appropriation for the national highway per-
                                               shall develop and submit to Congress a 5-               programs under this title for the fiscal               formance program under section 119, the sur-
                                               year plan for the use of revenue deposited in           year.’’; and                                           face transportation block grant program
                                               the Highway Trust Fund to pay for unpaid                   (B) in paragraph (2)(B), by striking ‘‘the          under section 133, the highway safety im-
                                               obligations under Federal-aid highway pro-              Appalachian development highway system’’               provement program under section 148, and
                                               grams (as in effect before the date of enact-           and inserting ‘‘the portions of the Appa-              the national highway freight program under
                                               ment of this Act) incurred before the date of           lachian Development Highway System on                  section 167.’’.
                                               enactment of this Act.                                  the Interstate System’’;                               SEC. 204. ADDITIONAL DEPOSITS IN HIGHWAY
                                                 (2) REQUIREMENT.—In developing the plan                  (2) in subsection (b)—                                         TRUST FUND.
                                               under paragraph (1), the Director shall, to                (A) in the matter preceding paragraph (1),            (a) IN GENERAL.—Section 105 of title 23,
                                               the maximum extent practicable, balance                 by striking ‘‘the congestion mitigation and            United States Code, is repealed.
                                               payments for new Federal-aid highway                    air quality improvement program, the na-                 (b) CLERICAL AMENDMENT.—The analysis
                                               projects with continued payment of unpaid               tional highway freight program, and to carry           for chapter 1 of title 23, United States Code,
                                               obligations described in paragraph (1).                 out section 134’’ and inserting ‘‘and the na-          is amended by striking the item relating to
                                                 (b) ANNUAL REPORTS.—Not less frequently               tional highway freight program’’;                      section 105.
                                               than annually, the Director shall submit to                (B) in each of paragraphs (1), (2), and (3), by     SEC. 205. PROJECT APPROVAL AND OVERSIGHT.
                                               Congress a report that includes—                        striking ‘‘paragraphs (4), (5), and (6)’’ and in-         Section 106 of title 23, United States Code,
                                                 (1) a description of the remaining balance            serting ‘‘paragraph (4)’’;                             is amended—
                                               of unpaid obligations under Federal-aid high-              (C) by striking paragraph (4);
                                                                                                                                                                 (1) in subsection (c)—
                                               way programs (as in effect before the date of              (D) by redesignating paragraph (5) as para-
                                                                                                                                                                 (A) by striking paragraphs (1) and (2) and
                                               enactment of this Act) incurred before the              graph (4);
                                                                                                                                                              inserting the following:
                                               date of enactment of this Act; and                         (E) in paragraph (4) (as so redesignated)—
                                                                                                                                                                 ‘‘(1) IN GENERAL.—For any project under
                                                                                                          (i) by striking subparagraph (B) and insert-
                                                 (2) a status update on the progress made                                                                     this title, the State may assume the respon-
                                                                                                       ing the following:
                                               toward achieving the goals of the 5-year plan                                                                  sibilities of the Secretary under this title for
                                                                                                          ‘‘(B) TOTAL AMOUNT.—The total amount set
                                               developed under subsection (a).                                                                                design, plans, specifications, estimates, con-
                                                 (c) CERTIFICATION.—On the date that the               aside for the national highway freight pro-
                                                                                                                                                              tract awards, and inspections with respect to
                                               Director determines that there are no re-               gram for all States shall be 3.5 percent of the
                                                                                                       amounts made available for programs under              the project, unless the Secretary determines
                                               maining unpaid obligations under Federal-                                                                      that the assumption is not appropriate.’’;
                                                                                                       this title for each of fiscal years 2022 through
                                               aid highway programs (as in effect before the                                                                  and
                                                                                                       2026.’’; and
                                               date of enactment of this Act) incurred be-                                                                       (B) by redesignating paragraphs (3) and (4)
                                                                                                          (ii) by striking subparagraph (D); and
                                               fore the date of enactment of this Act, the                                                                    as paragraphs (2) and (3), respectively;
                                                                                                          (F) by striking paragraph (6);
                                               Director shall submit to Congress a certifi-                                                                      (2) in subsection (d), in the matter pre-
                                                                                                          (3) in subsection (c)—
                                               cation that there are no such remaining un-                                                                    ceding paragraph (1), by striking ‘‘this sec-
                                                                                                          (A) in paragraph (1)—
                                               paid obligations.                                                                                              tion, section 133, or section 149’’ and insert-
                                                                                                          (i) in the matter preceding subparagraph
                                                    TITLE II—FEDERAL-AID HIGHWAY                       (A), by striking ‘‘fiscal years 2016 through           ing ‘‘this section or section 133’’;
                                                           PROGRAM REFORMS                             2020’’ and inserting ‘‘fiscal years 2022 through          (3) in subsection (e)(2)—
                                               SEC. 201. DEFINITIONS.                                  2026’’;                                                   (A) in subparagraph (A), by striking ‘‘the
                                                 Section 101(a) of title 23, United States                (ii) in subparagraph (A)—                           National Highway System’’ and inserting
                                               Code, is amended—                                          (I) by striking clause (i) and inserting the        ‘‘the Interstate System’’; and
                                                 (1) by striking paragraph (6) and inserting           following:                                                (B) in subparagraph (B), by striking ‘‘the
                                               the following:                                             ‘‘(i) the base apportionment; by’’; and             National Highway System’’ and inserting
                                                 ‘‘(6) FEDERAL-AID HIGHWAY.—The term                      (II) in clause (ii)(I), by striking ‘‘fiscal year   ‘‘the Interstate System’’; and
                                               ‘Federal-aid highway’ means a highway on                2015’’ and inserting ‘‘fiscal year 2021’’; and            (4) in subsection (h)(3)(C), in the second
                                               the Interstate System eligible for assistance              (iii) in subparagraph (B), by striking              sentence, by striking ‘‘statewide and metro-
                                               under this chapter.’’;                                  ‘‘(other than the Mass Transit Account)’’;             politan planning requirements in sections 134
                                                 (2) in paragraph (12), by striking ‘‘section          and                                                    and 135’’ and inserting ‘‘statewide planning
                                               103(c)’’ and inserting ‘‘section 103(b)’’;                 (B) in paragraph (2)—                               requirements under section 135’’.
                                                 (3) by striking paragraph (16); and                      (i) by striking ‘‘fiscal years 2016 through         SEC. 206. STANDARDS.
                                                 (4) by redesignating paragraphs (17)                  2020’’ and inserting ‘‘fiscal years 2022 through         (a) IN GENERAL.—Section 109 of title 23,
                                               through (34) as paragraphs (16) through (33),           2026’’; and                                            United States Code, is amended—
                                               respectively.                                              (ii) by striking ‘‘the congestion mitigation           (1) by striking subsection (c);
                                               SEC. 202. FEDERAL-AID SYSTEM.                           and air quality improvement program under                 (2) by redesignating subsections (d)
                                                 (a) IN GENERAL.—Section 103(a) of title 23,           section 149, the national highway freight              through (n) as subsections (c) through (m),
                                               United States Code, is amended by striking              program under section 167, and to carry out            respectively;
                                               ‘‘the National Highway System, which in-                section 134’’ and inserting ‘‘and the national            (3) by striking subsection (o);
                                               cludes’’.                                               highway freight program under section 167’’;              (4) by redesignating subsections (p)
                                                  (b) CONFORMING AMENDMENTS.—                             (4) by striking subsections (d) and (h);            through (r) as subsections (n) through (p), re-
                                                  (1) Section 103 of title 23, United States              (5) by redesignating subsections (e)                spectively; and
                                               Code, is amended—                                       through (g) as subsections (d) through (f), re-           (5) in subsection (n) (as so redesignated), in
                                                  (A) by striking the section designation and          spectively;                                            the matter preceding paragraph (1), by strik-
                                               heading and inserting the following:                       (6) by striking subsection (e) (as so redesig-      ing ‘‘Notwithstanding subsections (b) and (c),
                                               ‘‘§ 103. Federal-aid system’’;                          nated) and inserting the following:                    the Secretary may approve a project for the
                                                                                                          ‘‘(e) TRANSFERABILITY OF FUNDS.—                    National Highway System’’ and inserting
                                                  (B) by striking subsection (b); and                     ‘‘(1) IN GENERAL.—To the extent that a              ‘‘Notwithstanding subsection (b), the Sec-
                                                  (C) by redesignating subsection (c) as sub-          State determines that funds made available             retary may approve a project for the Inter-
                                               section (b).                                            under this title to the State for a purpose            state System’’.
                                                  (2) Section 127(f) of title 23, United States        are in excess of the needs of the State for               (b) TECHNICAL AND CONFORMING AMEND-
                                               Code, is amended by striking ‘‘section                  that purpose, the State may transfer the ex-           MENTS.—Section 112 of title 23, United States
                                               103(c)(4)(A)’’    and     inserting     ‘‘section       cess funds to, and use the excess funds for,           Code, is amended—
                                               103(b)(4)(A)’’.                                         any surface transportation (including public              (1) in subsection (b)—




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                                                  (3) The analysis for chapter 1 of title 23,          transportation and rail) purpose in the                   (A) in paragraph (2)(F), by striking ‘‘(F)(F)
                                               United States Code, is amended by striking              State.                                                 Subparagraphs (B), (C), (D), and (E) herein’’
                                               the item relating to section 103 and inserting             ‘‘(2) ENFORCEMENT.—If the Secretary deter-          and inserting the following:
                                               the following:                                          mines that a State has transferred funds                  ‘‘(F)    LIMITATION.—Subparagraphs         (B)
                                               ‘‘103. Federal-aid system.’’.                           under paragraph (1) to a purpose that is not           through (E)’’; and
                                               SEC. 203. APPORTIONMENT.                                a surface transportation purpose as described             (B) in paragraph (4)(C)(iv)(II), by striking
                                                 Section 104 of title 23, United States Code,          in paragraph (1), the amount of the improp-            ‘‘section 109(r)’’ and inserting ‘‘section
                                               is amended—                                             erly transferred funds shall be deducted from          109(p)’’; and




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                                               S5644                                             CONGRESSIONAL RECORD — SENATE                                                           August 2, 2021
                                                 (2) in subsection (g)(2)(B), by striking ‘‘sec-          (5) in subsection (f)—                                 (A) by striking subparagraphs (B) and (F);
                                               tion 109(e)(2)’’ and inserting ‘‘section                   (A) in the subsection heading, by striking             (B) by redesignating subparagraphs (A),
                                               109(d)(2)’’.                                            ‘‘AND NHS’’; and                                       (C), (D), (E), (G), (H), and (I) as paragraphs (1)
                                               SEC. 207. NATIONALLY SIGNIFICANT FREIGHT                   (B) in paragraph (2)—                               through (7), respectively, and indenting ap-
                                                          AND HIGHWAY PROJECTS.                           (i) in the paragraph heading, by striking           propriately;
                                                 Section 117 of title 23, United States Code,          ‘‘NHS’’ and inserting ‘‘INTERSTATE SYSTEM’’;              (C) in paragraph (1) (as so redesignated), by
                                               is amended—                                             and                                                    inserting ‘‘on the Interstate System’’ after
                                                 (1) by striking subsection (d) and inserting             (ii) by striking ‘‘the National Highway             ‘‘tunnel’’ each place it appears;
                                               the following:                                          System’’ each place it appears and inserting              (D) in paragraph (3) (as so redesignated), by
                                                 ‘‘(d) ELIGIBLE PROJECTS.—Except as pro-               ‘‘the Interstate System’’;                             inserting ‘‘on the Interstate System’’ after
                                               vided in subsection (e), the Secretary may                 (6) by striking subsections (g) through (i);        ‘‘tunnel’’ each place it appears;
                                               make a grant under this section only for a              and                                                       (E) in paragraph (4) (as so redesignated), by
                                               project that—                                              (7) by redesignating subsection (j) as sub-         inserting ‘‘on the Interstate System’’ after
                                                 ‘‘(1) is—                                             section (g).                                           ‘‘tunnel’’ each place it appears;
                                                 ‘‘(A) a highway freight project carried out           SEC. 209. FEDERAL SHARE PAYABLE.                          (F) in paragraph (6) (as so redesignated), by
                                               on the National Highway Freight Network                    Section 120 of title 23, United States Code,        inserting ‘‘on the Interstate System’’ after
                                               established under section 167;                          is amended—                                            ‘‘tunnel’’; and
                                                 ‘‘(B) a highway or bridge project carried                (1) by striking subsection (b);                        (G) in paragraph (7), by striking ‘‘this
                                               out on the Interstate System, including a                  (2) by redesignating subsections (c)                paragraph’’ and inserting ‘‘this subsection’’;
                                               project to add capacity to the Interstate               through (f) as subsections (b) through (e), re-           (4) in subsection (b) (as so redesignated)—
                                               System to improve mobility; or                          spectively;                                               (A) in the matter preceding subparagraph
                                                 ‘‘(C) a railway-highway grade crossing or                (3) in subsection (b) (as so redesignated)—         (A), by striking ‘‘this subsection’’ and insert-
                                               grade separation project on the Interstate                 (A) by striking paragraph (2);                      ing ‘‘this section’’; and
                                               System; and                                                (B) by redesignating paragraph (3) as para-            (B) by redesignating subparagraphs (A) and
                                                 ‘‘(2) has eligible project costs that are rea-        graph (2); and                                         (B) as paragraphs (1) and (2), respectively,
                                               sonably anticipated to equal or exceed the                 (C) in paragraph (2) (as so redesignated)—          and indenting appropriately;
                                               lesser of—                                                 (i) in subparagraph (A), in the matter pre-            (5) in subsection (c) (as so redesignated)—
                                                 ‘‘(A) $100,000,000; and                               ceding clause (i), by striking ‘‘paragraph (1),           (A) by redesignating subparagraphs (A)
                                                 ‘‘(B) in the case of a project—                       (2), (5)(D), or (6) of section 104(b)’’ and insert-    through (C) as paragraphs (1) through (3), re-
                                                 ‘‘(i) located in 1 State, 30 percent of the           ing ‘‘paragraph (1) or (2) of section 104(b)’’;        spectively, and indenting appropriately;
                                               amount apportioned under this chapter to                and                                                       (B) in paragraph (1) (as so redesignated), by
                                               the State in the most recently completed fis-              (ii) in subparagraph (C)(i), by striking            redesignating clauses (i) through (v) as sub-
                                               cal year; or                                            ‘‘paragraphs (1), (2), (5)(D), and (6) of section      paragraphs (A) through (E), respectively, and
                                                 ‘‘(ii) located in more than 1 State, 50 per-          104(b)’’ and inserting ‘‘paragraphs (1) and (2)        indenting appropriately;
                                               cent of the amount apportioned under this               of section 104(b)’’;                                      (C) in paragraph (2) (as so redesignated)—
                                               chapter to the participating State with the                (4) in subsection (c) (as so redesignated), in         (i) by redesignating clauses (i) and (ii) as
                                               largest apportionment under this chapter in             the first sentence, by striking ‘‘lands re-            subparagraphs (A) and (B), respectively, and
                                               the most recently completed fiscal year.’’;             ferred to in subsections (a) and (b) of this           indenting appropriately; and
                                                 (2) in subsection (e)(1), by striking ‘‘de-           section’’ and inserting ‘‘land referred to in             (ii) in subparagraph (A) (as so redesig-
                                               scribed in subsection (d)(1)(A) that do not             subsection (a)’’;                                      nated), by striking ‘‘subparagraph (A)’’ and
                                               satisfy the minimum threshold under sub-                   (5) in subsection (d) (as so redesignated), in      inserting ‘‘paragraph (1)’’; and
                                               section (d)(1)(B)’’ and inserting ‘‘described in        the matter preceding paragraph (1)—                       (D) in paragraph (3) (as so redesignated), by
                                               subsection (d)(1) that do not satisfy the min-             (A) by striking ‘‘, including the Interstate        striking ‘‘subparagraph (A)’’ each place it
                                               imum threshold under subsection (d)(2)’’;               System,’’; and                                         appears and inserting ‘‘paragraph (1)’’;
                                                 (3) by striking subsections (k) and (l);                 (B) by striking ‘‘subsections (a) and (b)’’            (6) in subsection (d) (as so redesignated)—
                                                 (4) by redesignating subsections (m) and (n)          and inserting ‘‘subsection (a)’’;                         (A) by redesignating subparagraphs (A) and
                                               as subsections (k) and (l), respectively; and              (6) by striking subsection (g); and                 (B) as paragraphs (1) and (2), respectively,
                                                 (5) in paragraph (1) of subsection (k) (as so            (7) by redesignating subsections (h)                and indenting appropriately; and
                                               redesignated)—                                          through (k) as subsections (g) through (j), re-           (B) in paragraph (2) (as so redesignated), by
                                                 (A) by striking subparagraph (B); and                 spectively.                                            striking ‘‘this paragraph’’ and inserting
                                                 (B) in subparagraph (A)—                              SEC. 210. EMERGENCY RELIEF.                            ‘‘this subsection’’;
                                                 (i) in the first sentence, by striking ‘‘At             Section 125 of title 23, United States Code,            (7) in subsection (e) (as so redesignated), by
                                               least 60 days’’ and inserting ‘‘Not less than 60        is amended—                                            striking ‘‘paragraph (1)’’ and inserting ‘‘sub-
                                               days’’; and                                               (1) in subsection (a), in the matter pre-            section (a)’’;
                                                 (ii) in the second sentence, by striking              ceding paragraph (1), by striking ‘‘highways,             (8) in subsection (f) (as so redesignated), by
                                               ‘‘The notification’’ and inserting the fol-             roads, and trails,’’ and inserting ‘‘highways          striking ‘‘paragraph (3)’’ and inserting ‘‘sub-
                                               lowing:                                                 on the Interstate System’’;                            section (c)’’;
                                                 ‘‘(B) INCLUSIONS.—Each notification under               (2) in subsection (c)(1), by striking ‘‘(other          (9) in subsection (g) (as so redesignated)—
                                               subparagraph (A)’’.                                     than the Mass Transit Account)’’;                         (A) by redesignating subparagraphs (A)
                                               SEC. 208. NATIONAL HIGHWAY PERFORMANCE                    (3) in subsection (d)—                               through (I) as paragraphs (1) through (9), re-
                                                          PROGRAM.                                       (A) in paragraph (3)(C), by inserting ‘‘(as in       spectively, and indenting appropriately;
                                                  Section 119 of title 23, United States Code,         effect on the day before the date of enact-               (B) by striking ‘‘this paragraph’’ each
                                               is amended—                                             ment of the Transportation Empowerment                 place it appears and inserting ‘‘this sub-
                                                  (1) in subsection (b), by striking ‘‘the Na-         Act)’’ after ‘‘subsection (e)(1)’’; and                section’’;
                                               tional Highway System’’ each place it ap-                 (B) by striking paragraph (5);                          (C) in paragraph (1) (as so redesignated), by
                                               pears and inserting ‘‘the Interstate System’’;            (4) by striking subsections (e) and (f); and         redesignating clauses (i) and (ii) as subpara-
                                                  (2) in subsection (c), by striking ‘‘the Na-           (5) by redesignating subsection (g) as sub-          graphs (A) and (B), respectively, and indent-
                                               tional Highway System, as defined in section            section (e).                                           ing appropriately; and
                                               103’’ and inserting ‘‘the Interstate System’’;          SEC. 211. TRANSFERABILITY OF FEDERAL-AID                  (D) in paragraph (8) (as so redesignated), by
                                                  (3) in subsection (d)—                                          HIGHWAY FUNDS.                              redesignating clauses (i) and (ii) as subpara-
                                                  (A) by striking ‘‘the National Highway                 (a) IN GENERAL.—Section 126 of title 23,             graphs (A) and (B), respectively, and indent-
                                               System’’ each place it appears and inserting            United States Code, is repealed.                       ing appropriately; and
                                               ‘‘the Interstate System’’;                                (b) CLERICAL AMENDMENT.—The analysis                    (10) in subsection (j) (as so redesignated)—
                                                  (B) in paragraph (1)(B), by striking ‘‘sec-          for chapter 1 of title 23, United States Code,            (A) by redesignating subparagraphs (A)
                                               tions 134 and 135’’ and inserting ‘‘section             is amended by striking the item relating to            through (E) as paragraphs (1) through (5), re-
                                               135’’; and                                              section 126.                                           spectively, and indenting appropriately;
                                                  (C) in paragraph (2)—                                SEC. 212. TOLL ROADS, BRIDGES, TUNNELS, AND               (B) in the matter preceding paragraph (1)
                                                  (i) by striking subparagraphs (F) through                        FERRIES.                                   (as so redesignated), by striking ‘‘this sub-
                                               (H);                                                      (a) IN GENERAL.—Section 129 of title 23,             section’’ and inserting ‘‘this section’’;




SSpencer on DSK126QN23PROD with SENATE
                                                  (ii) by redesignating subparagraphs (I)              United States Code, is amended—                           (C) in paragraph (2) (as so redesignated), by
                                               through (L) as subparagraphs (F) through (I),             (1) by striking subsections (b) and (c);             redesignating clauses (i) and (ii) as subpara-
                                               respectively; and                                         (2) in subsection (a)—                               graphs (A) and (B), respectively, and indent-
                                                  (iii) by striking subparagraphs (M) through            (A) by striking ‘‘(a) Basic program.—’’; and         ing appropriately; and
                                               (P);                                                      (B) by redesignating paragraphs (1)                     (D) in paragraph (5) (as so redesignated), by
                                                  (4) in subsection (e), by striking ‘‘the Na-         through (10) as subsections (a) through (j),           striking ‘‘this subsection’’ and inserting
                                               tional Highway System’’ each place it ap-               respectively, and indenting appropriately;             ‘‘this section’’.
                                               pears and inserting ‘‘the Interstate System’’;            (3) in subsection (a) (as so redesignated)—             (b) CONFORMING AMENDMENTS.—




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                                               August 2, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                        S5645
                                                 (1) Section 165(c)(6)(A) of title 23, United             (B) by striking paragraph (2);                          ‘‘(n) DEFINITIONS.—In this section, the defi-
                                               States Code, is amended—                                   (C) by redesignating paragraphs (3)                  nitions under section 134(b) (as in effect on
                                                 (A) by striking clause (iii); and                     through (6) as paragraphs (2) through (5), re-          the day before the date of enactment of the
                                                 (B) by redesignating clauses (iv) through             spectively;                                             Transportation Empowerment Act) shall
                                               (vii) as clauses (iii) through (vi), respec-               (D) in paragraph (4) (as so redesignated), by        apply.’’.
                                               tively.                                                 striking ‘‘sections 134 and 135’’ and inserting            (5) Section 137 of title 23, United States
                                                 (2) Section 166(c)(2) of title 23, United             ‘‘section 135’’; and                                    Code, is amended—
                                               States Code, is amended by striking ‘‘section              (E) in paragraph (5) (as so redesignated), by           (A) by striking subsection (e); and
                                               129(a)(3)’’ and inserting ‘‘section 129(c)’’.           striking ‘‘is’’ and all that follows through               (B) by redesignating subsections (f) and (g)
                                                 (3) Section 9 of the International Bridge             the period at the end and inserting ‘‘is 55             as subsections (e) and (f), respectively.
                                               Act of 1972 (33 U.S.C. 535f) is amended in the          percent for each of fiscal years 2022 through              (6) Section 166 of title 23, United States
                                               second sentence by striking ‘‘section                   2026.’’;                                                Code, is amended by striking subsection (g).
                                               129(a)(3)’’ and inserting ‘‘section 129(c)’’.              (4) in subsection (e)(1), in the matter pre-            (7) Section 168(a)(3) of title 23, United
                                               SEC. 213. RAILWAY-HIGHWAY CROSSINGS.                    ceding subparagraph (A), by striking ‘‘fiscal           States Code, is amended by striking ‘‘metro-
                                                 (a) IN GENERAL.—Section 130 of title 23,              years 2016 through 2020’’ and inserting ‘‘fiscal        politan or statewide transportation planning
                                               United States Code, is repealed.                        years 2022 through 2026’’; and                          under section 134 or 135, respectively’’ and
                                                 (b) CONFORMING AMENDMENTS.—                              (5) by striking subsections (f) through (i).         inserting ‘‘statewide transportation planning
                                                                                                          (b)    CONFORMING     AMENDMENT.—Section             under section 135’’.
                                                 (1) The analysis for chapter 1 of title 23,
                                                                                                       165(c)(7) of title 23, United States Code, is              (8) Section 201(c)(1) of title 23, United
                                               United States Code, is amended by striking
                                                                                                       amended by striking ‘‘paragraphs (1) through            States Code, is amended by striking ‘‘sec-
                                               the item relating to section 130.
                                                                                                       (4) of section 133(c) and section 133(b)(12)’’          tions 134 and 135’’ and inserting ‘‘section
                                                 (2) Section 409 of title 23, United States            and inserting ‘‘section 133(b)(7)’’.
                                               Code, is amended by striking ‘‘sections 130,                                                                    135’’.
                                                                                                       SEC.    215. METROPOLITAN TRANSPORTATION
                                               144, and 148’’ and inserting ‘‘sections 144 and                                                                    (9) Section 327(a)(2)(B)(iv)(I) of title 23,
                                                                                                                    PLANNING.
                                               148’’.                                                                                                          United States Code, is amended by striking
                                                                                                            (a) IN GENERAL.—Section 134 of title 23,
                                               SEC. 214. SURFACE TRANSPORTATION BLOCK                                                                          ‘‘134 or’’.
                                                                                                       United States Code, is repealed.
                                                          GRANT PROGRAM.                                 (b) CONFORMING AMENDMENTS.—                              (10) Section 505 of title 23, United States
                                                 (a) IN GENERAL.—Section 133 of title 23,                (1) The analysis for chapter 1 of title 23,           Code, is amended—
                                               United States Code, is amended—                         United States Code, is amended by striking                 (A) in subsection (a)(2)—
                                                  (1) in subsection (b)—                               the item relating to section 134.                          (i) by striking ‘‘metropolitan and’’; and
                                                  (A) in paragraph (1)—                                  (2) Section 2864(f)(2) of title 10, United               (ii) by striking ‘‘sections 134 and 135’’ and
                                                  (i) by striking subparagraphs (B), (C), and          States Code, is amended by inserting ‘‘(as in           inserting ‘‘section 135’’; and
                                               (E);                                                    effect on the day before the date of enact-                (B) in subsection (b)(2), by striking ‘‘sec-
                                                  (ii) by redesignating subparagraphs (D) and          ment of the Transportation Empowerment                  tions 134 and 135’’ and inserting ‘‘section
                                               (F) as subparagraphs (B) and (C), respec-               Act)’’ after ‘‘title 23’’.                              135’’.
                                               tively;                                                   (3) Section 108(d)(5)(A) of title 23, United             (11) Section 602(a)(3) of title 23, United
                                                  (iii) in subparagraph (A), by inserting              States Code, is amended by striking ‘‘sec-              States Code, is amended by striking ‘‘sec-
                                               ‘‘that are on the Interstate System’’ after             tions 134 and 135’’ and inserting ‘‘section             tions 134 and 135’’ and inserting ‘‘section
                                               ‘‘title 40’’;                                           135’’.                                                  135’’.
                                                  (iv) in subparagraph (B) (as so redesig-               (4) Section 135 of title 23, United States               (12) Section 174 of the Clean Air Act (42
                                               nated)—                                                 Code, is amended—                                       U.S.C. 7504) is amended—
                                                  (I) by inserting ‘‘on the Interstate System’’          (A) in subsection (a)—                                   (A) in the fourth sentence of subsection (a),
                                               after ‘‘improvements’’; and                               (i) in paragraph (1), by striking ‘‘Subject to        by striking ‘‘the metropolitan planning orga-
                                                  (II) by inserting ‘‘and’’ after the semicolon        section 134, to accomplish the objectives               nization designated to conduct the con-
                                               at the end; and                                         stated in section 134(a)’’ and inserting ‘‘To           tinuing, cooperative and comprehensive
                                                  (v) in subparagraph (C) (as so redesig-              accomplish the objectives stated in section             transportation planning process for the area
                                               nated), by inserting ‘‘that are on the Inter-           134(a) (as in effect on the day before the date         under section 134 of title 23, United States
                                               state System’’ before the period at the end;            of enactment of the Transportation Em-                  Code,’’;
                                                  (B) by striking paragraphs (3), (5), (6), (7),       powerment Act)’’; and                                      (B) by striking subsection (b); and
                                               (11), (13), and (15);                                     (ii) in paragraph (3), by inserting ‘‘(as in ef-         (C) by redesignating subsection (c) as sub-
                                                  (C) by redesignating paragraphs (4), (8), (9),       fect on the day before the date of enactment            section (b).
                                               (10), (12), and (14) as paragraphs (3) through          of the Transportation Empowerment Act)’’                   (13) Section 176(c) of the Clean Air Act (42
                                               (8), respectively;                                      after ‘‘section 134(a)’’;                               U.S.C. 7506(c)) is amended—
                                                  (D) in paragraph (3) (as so redesignated), by          (B) in subsection (b)(1), by striking ‘‘with             (A) in paragraph (1), in the matter pre-
                                               striking‘‘ and transit safety infrastructure            the transportation planning activities car-             ceding subparagraph (A), by striking the sec-
                                               improvements and programs, including rail-              ried out under section 134 for metropolitan             ond sentence;
                                               way-highway grade crossings’’ and inserting             areas of the State and’’;                                  (B) in paragraph (7)(A), in the matter pre-
                                               ‘‘safety infrastructure improvements and                  (C) in subsection (f)—                                ceding clause (i), by striking ‘‘section 134(i)
                                               programs on the Interstate System’’;                      (i) in paragraph (2)—                                 of title 23, United States Code, or’’; and
                                                  (E) in paragraph (4) (as so redesignated), by          (I) by striking subparagraph (A); and                    (C) in paragraph (9)—
                                               striking ‘‘the National Highway System and                (II) by redesignating subparagraphs (B),                 (i) by striking ‘‘section 134(i) of title 23,
                                               a performance-based management program                  (C), and (D) as subparagraphs (A), (B), and             United States Code, or’’; and
                                               for other public roads’’ and inserting ‘‘the            (C), respectively;                                         (ii) by striking ‘‘under section 134(j) of
                                               Interstate System’’;                                      (ii) by striking paragraph (4);                       such title 23 or’’.
                                                  (F) in paragraph (5) (as so redesignated), by          (iii) in paragraph (6), by striking ‘‘para-              (14) Section 182(c)(5) of the Clean Air Act
                                               inserting ‘‘on the Interstate System’’ before           graph (5)’’ and inserting ‘‘paragraph (4)’’; and        (42 U.S.C. 7511a(c)(5)) is amended—
                                               the period at the end;                                    (iv) by redesignating paragraphs (5)                     (A) by striking ‘‘(A) Beginning’’ and insert-
                                                  (G) in paragraph (6) (as so redesignated), by        through (9) as paragraphs (4) through (8), re-          ing ‘‘Beginning’’; and
                                               inserting ‘‘with respect to the Interstate              spectively;                                                (B) in the last sentence by striking ‘‘and
                                               System’’ before the period at the end;                    (D) in subsection (g)—                                with the requirements of section 174(b)’’.
                                                  (H) in paragraph (7) (as so redesignated), by          (i) in paragraph (2)—                                    (15) Section 5304(i) of title 49, United States
                                               inserting ‘‘on the Interstate System’’ before             (I) by striking subparagraph (A); and                 Code, is amended—
                                               the period at the end; and                                (II) by redesignating subparagraphs (B) and              (A) by striking ‘‘sections 134 and 135’’ each
                                                  (I) in paragraph (8) (as so redesignated), by        (C) as subparagraphs (A) and (B), respec-               place it appears and inserting ‘‘section 135’’;
                                               striking ‘‘and chapter 53 of title 49’’;                tively;                                                 and
                                                  (2) by striking subsection (c) and inserting           (ii) in paragraph (3), by striking ‘‘,,’’ and            (B) by striking ‘‘this this’’ and inserting
                                               the following:                                          inserting a comma;                                      ‘‘this’’.
                                                  ‘‘(c) LOCATION OF PROJECTS.—A project                  (iii) in paragraph (6)(B), by striking ‘‘5310,        SEC. 216. CONTROL OF JUNKYARDS.
                                               under this section may only be carried out              5311, 5316, and 5317’’ and inserting ‘‘5310 and           Section 136 of title 23, United States Code,
                                               on a road on the Interstate System.’’;                  5311’’; and                                             is amended—




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                                                  (3) in subsection (d)—                                 (iv) in paragraph (8), by striking ‘‘and sec-           (1) in subsection (a), by striking ‘‘and the
                                                  (A) in paragraph (1)—                                tion 134’’;                                             primary system’’;
                                                  (i) in the matter preceding subparagraph               (E) in subsection (i), by striking ‘‘appor-             (2) in subsection (b), in the first sentence—
                                               (A), by striking ‘‘(after the reservation of            tioned under paragraphs (5)(D) and (6) of sec-            (A) by striking ‘‘and the primary system’’;
                                               funds under subsection (h))’’; and                      tion 104(b) of this title and’’;                        and
                                                  (ii) in subparagraph (A), in the matter pre-           (F) in subsection (j), by striking ‘‘and sec-           (B) by striking ‘‘paragraphs (1) through (6)
                                               ceding clause (i), by striking ‘‘paragraph (6)’’        tion 134’’ each place it appears; and                   of section 104(b)’’ and inserting ‘‘paragraphs
                                               and inserting ‘‘paragraph (5)’’;                          (G) by adding at the end the following:               (1) through (4) of section 104(b)’’;




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                                               S5646                                             CONGRESSIONAL RECORD — SENATE                                                          August 2, 2021
                                                  (3) in subsection (g), by striking ‘‘and the            (B) in paragraph (3), by striking ‘‘bridges         serting ‘‘all roads on the Interstate System,
                                               primary system’’;                                       on and off Federal-aid highways’’ and insert-          including non-State owned roads on the
                                                  (4) in subsection (k), by striking ‘‘inter-          ing ‘‘bridges on the Interstate System’’;              Interstate System and roads on the Inter-
                                               state and primary systems’’ and inserting                  (7) in subsection (h)—                              state System on tribal land’’;
                                               ‘‘Interstate System’’; and                                 (A) in paragraph (1)(A), by striking ‘‘high-           (3) in subsection (c)(2)—
                                                  (5) by striking subsection (n).                      way bridges and tunnels’’ and inserting                   (A) in subparagraph (A)(i), by striking ‘‘all
                                               SEC. 217. ENFORCEMENT OF REQUIREMENTS.                  ‘‘bridges and tunnels on the Interstate Sys-           public roads, including non-State-owned pub-
                                                 Section 141 of title 23, United States Code,          tem’’;                                                 lic roads and roads on tribal land in the
                                               is amended—                                                (B) in paragraph (2), by striking ‘‘highway’’       State’’ and inserting ‘‘all roads on the Inter-
                                                 (1) in subsection (a), in the first sentence,         each place it appears and inserting ‘‘Inter-           state System, including non-State owned
                                               by striking ‘‘the Federal-aid primary sys-              state System’’; and                                    roads on the Interstate System and roads on
                                               tem, the Federal-aid urban system, and the                 (C) in paragraph (3)(B)(i), by striking             the Interstate System on tribal land in the
                                               Federal-aid secondary system, including the             ‘‘highway bridges’’ and inserting ‘‘Interstate         State’’;
                                               Interstate System’’ and inserting ‘‘the Inter-          System bridges’’;                                         (B) in subparagraph (B)(iii), by striking
                                               state System’’; and                                        (8) in subsection (i)(1), by striking ‘‘high-       ‘‘all public roads’’ and inserting ‘‘all roads
                                                 (2) in subsection (b)(2), by striking ‘‘para-         way bridge’’ and inserting ‘‘Interstate Sys-           on the Interstate System’’;
                                               graphs (1) through (6) of section 104(b)’’ and          tem bridge’’; and                                         (C) in subparagraph (C)(i), by striking ‘‘all
                                               inserting ‘‘paragraphs (1) through (4) of sec-             (9) in subsection (j)—                              public roads’’ and inserting ‘‘all roads on the
                                               tion 104(b)’’.                                             (A) in paragraph (3)(B), by striking ‘‘a            Interstate System’’; and
                                               SEC. 218. PUBLIC TRANSPORTATION.                        transportation improvement program under                  (D) in subparagraph (D)—
                                                 (a) IN GENERAL.—Section 142 of title 23,              section 134(j) or a statewide transportation              (i) in clause (ii), by striking ‘‘all public
                                               United States Code, is amended—                         improvement program under section 135, as              roads, including public non-State-owned
                                                  (1) in subsection (a)—                               applicable’’ and inserting ‘‘a statewide trans-        roads and roads on tribal land’’ and inserting
                                                  (A) by striking paragraph (2);                       portation improvement program under sec-               ‘‘all roads on the Interstate System, includ-
                                                  (B) in the second sentence, by striking ‘‘If         tion 135’’; and                                        ing non-State owned roads on the Interstate
                                               fees’’ and inserting the following:                        (B) in paragraph (4)(A), by striking ‘‘sec-         System and roads on the Interstate System
                                                  ‘‘(2) RATE.—If fees’’; and                           tions 134 and 135’’ and inserting ‘‘section            on tribal land’’;
                                                  (C) by striking ‘‘(a)(1) To encourage’’ and          135’’.                                                    (ii) in clause (iii), by striking ‘‘all public
                                               inserting the following:                                SEC. 221. CARPOOL AND VANPOOL PROJECTS.                roads’’ and inserting ‘‘all roads on the Inter-
                                                  ‘‘(a) CONSTRUCTION OF FACILITIES.—                     (a) IN GENERAL.—Section 146 of title 23,             state System’’; and
                                                  ‘‘(1) IN GENERAL.—To encourage’’;                    United States Code, is repealed.                          (iii) in clause (v), by striking ‘‘all public
                                                  (2) by striking subsections (d), (g), (h), and         (b) CLERICAL AMENDMENT.—The analysis                 roads in the State’’ and inserting ‘‘all roads
                                               (i);                                                    for chapter 1 of title 23, United States Code,         on the Interstate System in the State’’;
                                                  (3) by redesignating subsections (e) and (f)         is amended by striking the item relating to               (4) in subsection (d)(1)(B)—
                                               as subsections (d) and (e), respectively; and           section 146.                                              (A) in clause (iv), by striking ‘‘rural roads,
                                                  (4) in subsection (d) (as so redesignated)—          SEC. 222. CONSTRUCTION OF FERRY BOATS AND              including all public roads,’’ and inserting
                                                  (A) by striking ‘‘of this section’’ each place                   FERRY TERMINAL FACILITIES.                 ‘‘roads on the Interstate System in rural
                                               it appears;                                               (a) IN GENERAL.—Section 147 of title 23,             areas’’; and
                                                  (B) by striking paragraph (2); and                   United States Code, is repealed.                          (B) in clause (viii), by striking ‘‘all public
                                                  (C) by redesignating paragraph (3) as para-            (b) CLERICAL AMENDMENT.—The analysis                 roads, including non-State-owned public
                                               graph (2).                                              for chapter 1 of title 23, United States Code,         roads and roads on tribal land’’ and inserting
                                                  (b)     CONFORMING      AMENDMENT.—Section           is amended by striking the item relating to            ‘‘all roads on the Interstate System, includ-
                                               156(a) of title 23, United States Code, is              section 147.                                           ing non-State owned roads on the Interstate
                                               amended by striking ‘‘section 142(f)’’ and in-          SEC. 223. HIGHWAY SAFETY IMPROVEMENT PRO-              System and roads on the Interstate System
                                               serting ‘‘section 142(e)’’.                                         GRAM.                                      on tribal land’’;
                                               SEC. 219. HIGHWAY USE TAX EVASION PROJECTS.                Section 148 of title 23, United States Code,           (5) in subsection (e)(1)—
                                                  Section 143(b)(2)(A) of title 23, United             is amended—                                               (A) in subparagraph (A), by striking ‘‘on
                                               States Code, is amended by striking ‘‘each of              (1) in subsection (a)—                              any public road or publicly owned bicycle or
                                               fiscal years 2016 through 2020’’ and inserting             (A) in paragraph (1), by striking ‘‘roadway         pedestrian pathway or trail’’ and inserting
                                               ‘‘each of fiscal years 2022 through 2026’’.             functionally classified as a rural major or            ‘‘on any road on the Interstate System’’; and
                                               SEC. 220. NATIONAL BRIDGE AND TUNNEL INVEN-             minor collector or a rural local road’’ and in-           (B) in subparagraph (C), by striking ‘‘a
                                                           TORY AND INSPECTION STANDARDS.              serting ‘‘road on the Interstate System’’;             public road’’ and inserting ‘‘a road on the
                                                  Section 144 of title 23, United States Code,            (B) in paragraph (2), by striking ‘‘all public      Interstate System’’;
                                               is amended—                                             roads’’ and inserting ‘‘all roads on the Inter-           (6) in subsection (f)(1)(B), by striking ‘‘all
                                                  (1) in subsection (a)(2)—                            state System’’;                                        public roads’’ each place it appears and in-
                                                  (A) in subparagraph (A), by striking ‘‘high-            (C) in paragraph (4)—                               serting ‘‘all roads on the Interstate System’’;
                                               way bridges and tunnels of the United                      (i) in subparagraph (A), in the matter pre-            (7) in subsection (h)(1)(C), by striking ‘‘all
                                               States’’ and inserting ‘‘bridges on the Inter-          ceding clause (i), by striking ‘‘on a public           public roads’’ each place it appears and in-
                                               state System’’;                                         road’’ and inserting ‘‘on the Interstate Sys-          serting ‘‘all roads on the Interstate System’’;
                                                  (B) in subparagraph (B), by striking ‘‘high-         tem’’; and                                                (8) in subsection (i)(2)(D), by striking
                                               way bridges and tunnels’’ and inserting                    (ii) in subparagraph (B)—                           ‘‘safety safety’’ and inserting ‘‘safety’’;
                                               ‘‘bridges on the Interstate System’’; and                  (I) in clause (iii), by striking ‘‘, if the rum-       (9) in subsection (j), by striking ‘‘sections
                                                  (C) in subparagraph (E), by striking ‘‘Na-           ble strips or other warning devices do not ad-         120 and 130’’ and inserting ‘‘section 120’’; and
                                               tional Highway System bridges and bridges               versely affect the safety or mobility of                  (10) by striking subsection (k).
                                               on all public roads’’ and inserting ‘‘bridges           bicyclists and pedestrians, including persons          SEC. 224. REPEAL OF CONGESTION MITIGATION
                                               on the Interstate System’’;                             with disabilities’’;                                               AND AIR QUALITY IMPROVEMENT
                                                  (2) in subsection (b)—                                  (II) by striking clauses (v), (xviii), (xix),                   PROGRAM.
                                                  (A) in paragraph (1), by striking ‘‘all high-        (xxiii), (xxvi), (xxvii), and (xxviii);                  (a) IN GENERAL.—Section 149 of title 23,
                                               way bridges on public roads, on and off Fed-               (III) by redesignating clauses (vi) through         United States Code, is repealed.
                                               eral-aid highways,’’ and inserting ‘‘all                (xvii), (xx) through (xxii), (xxiv), and (xxv) as        (b) CONFORMING AMENDMENTS.—
                                               bridges on the Interstate System,’’; and                clauses (v) through (xxi), respectively; and             (1) The analysis for chapter 1 of title 23,
                                                  (B) in paragraph (2), by striking ‘‘all tun-            (IV) in clause (xix) (as so redesignated), by       United States Code, is amended by striking
                                               nels on public roads, on and off Federal-aid            inserting ‘‘on the Interstate System’’ after           the item relating to section 149.
                                               highways,’’ and inserting ‘‘all tunnels on the          ‘‘improvements’’;                                        (2) Section 322(h)(3) of title 23, United
                                               Interstate System,’’;                                      (D) in paragraph (9)(A), by striking ‘‘a pub-       States Code, is amended by striking ‘‘and the
                                                  (3) in subsection (d)—                               lic road’’ and inserting ‘‘the Interstate Sys-         congestion mitigation and air quality im-
                                                  (A) by striking paragraphs (2) and (4); and          tem’’; and                                             provement program under section 149’’.
                                                  (B) by redesignating paragraph (3) as para-             (E) in paragraph (11)(D), by striking ‘‘all           (3) Section 505(a)(3) of title 23, United
                                               graph (2);                                              public roads, including non-State-owned pub-           States Code, is amended by striking ‘‘149,’’.




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                                                  (4) in subsection (e)(1), by inserting ‘‘on the      lic roads and roads on tribal land’’ and in-           SEC. 225. NATIONAL GOALS AND PERFORMANCE
                                               Interstate System’’ after ‘‘any bridge’’;               serting ‘‘all roads on the Interstate System,                      MEASURES.
                                                  (5) in subsection (f)(1), in the matter pre-         including non-State owned roads on the                   Section 150 of title 23, United States Code,
                                               ceding subparagraph (A), by inserting ‘‘on              Interstate System and roads on the Inter-              is amended—
                                               the Interstate System’’ after ‘‘any bridge’’;           state System on tribal land’’;                           (1) in subsection (b)—
                                                  (6) in subsection (g)—                                  (2) in subsection (b)(2), by striking ‘‘all           (A) in paragraph (1), by striking ‘‘all public
                                                  (A) in paragraph (1), by inserting ‘‘on the          public roads, including non-State-owned pub-           roads’’ and inserting ‘‘all roads on the Inter-
                                               Interstate System’’ after ‘‘any bridge’’; and           lic roads and roads on tribal land’’ and in-           state System’’; and




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                                               August 2, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                       S5647
                                                 (B) in paragraph (3), by striking ‘‘National             (D) in paragraph (7), by striking ‘‘sections          TITLE III—HIGHWAY TRUST FUND AND
                                               Highway System’’ and inserting ‘‘Interstate             134 and 135’’ and inserting ‘‘section 135’’;                       RELATED TAXES
                                               System’’;                                                  (5) in subsection (k)(1)(A)(ii), by striking         Subtitle A—Highway Trust Fund Authority
                                                 (2) in subsection (c)—                                ‘‘ports-of’’ and inserting ‘‘ports of’’; and           SEC. 301. EXTENSION OF HIGHWAY TRUST FUND
                                                 (A) in paragraph (3)(A)(ii), by striking sub-            (6) by striking subsection (l).                                 EXPENDITURE AUTHORITY.
                                               clauses (II) through (V) and inserting the fol-         SEC. 230. RECREATIONAL TRAILS PROGRAM.                   (a) HIGHWAY TRUST FUND.—Section 9503 of
                                               lowing:                                                                                                        the Internal Revenue Code of 1986 is amend-
                                                 ‘‘(II) the condition of bridges on the Inter-           (a) IN GENERAL.—Section 206 of title 23,
                                                                                                                                                              ed—
                                               state System; and                                       United States Code, is repealed.
                                                                                                                                                                (1) by striking ‘‘October 1, 2021’’ in sub-
                                                 ‘‘(III) the performance of the Interstate               (b) CONFORMING AMENDMENTS.—                          sections (b)(6)(B), (c)(1), and (e)(3) and insert-
                                               System;’’;                                                (1) Section 325 of title 23, United States           ing ‘‘October 1, 2026’’, and
                                                 (B) by striking paragraph (5); and                    Code, is amended—                                        (2) by striking ‘‘Continuing Appropriations
                                                 (C) by redesignating paragraph (6) as para-             (A) by striking subsection (d); and                  Act, 2021 and Other Extensions Act’’ in sub-
                                               graph (5);                                                (B) by redesignating subsection (e) as sub-          sections (c)(1) and (e)(3) and inserting
                                                 (3) in subsection (d)(1), by striking ‘‘(5),          section (d).                                           ‘‘Transportation Empowerment Act’’.
                                               and (6)’’ and inserting ‘‘and (5)’’; and                  (2) The analysis for chapter 2 of title 23,            (b) SPORT FISH RESTORATION AND BOATING
                                                 (4) in subsection (e), by striking ‘‘National         United States Code, is amended by striking             TRUST FUND.—Section 9504 of such Code is
                                               Highway System’’ each place it appears and              the item relating to section 206.                      amended—
                                               inserting ‘‘Interstate System’’.                        SEC. 231. BICYCLE TRANSPORTATION AND PE-                 (1) by striking ‘‘Continuing Appropriations
                                               SEC. 226. NATIONAL ELECTRIC VEHICLE CHARG-                          DESTRIAN WALKWAYS.                         Act, 2021 and Other Extensions Act’’ each
                                                           ING AND HYDROGEN, PROPANE, AND                                                                     place it appears in subsection (b)(2) and in-
                                                           NATURAL GAS FUELING CORRIDORS.                (a) IN GENERAL.—Section 217 of title 23,
                                                                                                       United States Code, is repealed.                       serting     ‘‘Transportation      Empowerment
                                                 Section 151(a) of title 23, United States                                                                    Act’’, and
                                               Code, is amended by striking ‘‘major na-                  (b) CONFORMING AMENDMENTS.—
                                                                                                                                                                (2) by striking ‘‘October 1, 2021’’ in sub-
                                               tional highways’’ and inserting ‘‘the Inter-              (1) Section 1524(a) of MAP–21 (23 U.S.C. 206
                                                                                                                                                              section (d)(2) and inserting ‘‘October 1, 2026’’.
                                               state System’’.                                         note; Public Law 112–141) is amended by                  (c) LEAKING UNDERGROUND STORAGE TANK
                                               SEC. 227. HAZARD ELIMINATION PROGRAM.                   striking ‘‘sections 162, 206, 213, and 217’’ and       TRUST FUND.—Section 9508(e)(2) of such Code
                                                 (a) IN GENERAL.—Section 152 of title 23,              inserting ‘‘section 162’’.                             is amended by striking ‘‘October 1, 2021’’ and
                                               United States Code, is repealed.                          (2) The analysis for chapter 2 of title 23,          inserting ‘‘October 1, 2026’’.
                                                 (b) CLERICAL AMENDMENT.—The analysis                  United States Code, is amended by striking             SEC. 302. TERMINATION OF MASS TRANSIT AC-
                                               for chapter 1 of title 23, United States Code,          the item relating to section 217.                                  COUNT.
                                               is amended by striking the item relating to             SEC. 232. ALASKA HIGHWAY.                                Section 9503(e) of the Internal Revenue
                                               section 152.                                                                                                   Code of 1986 is amended—
                                               SEC. 228. NATIONAL SCENIC BYWAYS PROGRAM.                 (a) IN GENERAL.—Section 218 of title 23,
                                                                                                       United States Code, is repealed.                         (1) in the first sentence of paragraph (2), by
                                                 Section 162(a)(2) of title 23, United States                                                                 inserting ‘‘, and before October 1, 2021’’ after
                                               Code, is amended by inserting ‘‘, subject to              (b) CLERICAL AMENDMENT.—The analysis                 ‘‘March 31, 1983’’, and
                                               the condition that the road is a road on the            for chapter 2 of title 23, United States Code,           (2) by adding at the end the following:
                                               Interstate System’’ before the period at the            is amended by striking the item relating to              ‘‘(6) TRANSFER TO HIGHWAY ACCOUNT.—On
                                               end.                                                    section 218.                                           the date on which Director of the Office of
                                               SEC. 229. NATIONAL HIGHWAY FREIGHT PRO-                 SEC. 233. CONFORMING AMENDMENTS.                       Management and Budget submits the certifi-
                                                          GRAM.
                                                                                                         (a) CONTROL OF OUTDOOR ADVERTISING.—                 cation under section 105(c) of the Transpor-
                                                  Section 167 of title 23, United States Code,
                                                                                                       Section 131(t) of title 23, United States Code,        tation Empowerment Act, the Secretary
                                               is amended—
                                                                                                       is amended by striking ‘‘, and any highway             shall transfer all amounts in the Mass Tran-
                                                  (1) in subsection (d)(2)—
                                                                                                       which is not on such system but which is on            sit Account to the Highway Account.’’.
                                                  (A) in subparagraph (A), by striking ‘‘sub-
                                                                                                       the National Highway System’’.                         SEC. 303. TRANSFER OF UNUSED COVID–19 AP-
                                               paragraph (E)’’ and inserting ‘‘subparagraphs                                                                              PROPRIATIONS TO THE HIGHWAY
                                               (E) and (F)’’; and                                        (b) ELIMINATION OF MASS TRANSIT AC-                              TRUST FUND.
                                                  (B) by adding at the end the following:              COUNT.—
                                                                                                                                                                (a) ECONOMIC INJURY DISASTER LOAN SUB-
                                                  ‘‘(F) REQUIREMENT.—In redesignating the                (1) Section 102(b) of title 23, United States        SIDY.—
                                               primary highway freight system under sub-               Code, is amended in the first sentence by                (1) TRANSFER.—Of the unobligated balances
                                               paragraph (A), the Administrator shall en-              striking ‘‘(other than the Mass Transit Ac-            from amounts made available under the
                                               sure that all roads on the primary highway              count)’’.                                              heading ‘‘Small Business Administration—
                                               freight system are roads on the Interstate                (2) Section 118(a) of title 23, United States        Disaster Loans Program Account’’ in title II
                                               System.’’;                                              Code, is amended by striking ‘‘(other than             of division B of the Paycheck Protection
                                                  (2) in subsection (e)(1), in the matter pre-         the Mass Transit Account)’’.                           Program and Health Care Enhancement Act
                                               ceding subparagraph (A)—                                  (3) Section 156(a) of title 23, United States        (Public Law 116–139), $13,500,000,000 are here-
                                                  (A) by striking ‘‘a public road’’ and insert-        Code, is amended by striking ‘‘(other than             by transferred to the Highway Trust Fund.
                                               ing ‘‘a road on the Interstate System’’; and            the Mass Transit Account)’’.                             (2) DESIGNATION.—The amount transferred
                                                  (B) by striking ‘‘the public road’’ and in-            (4) Section 321 of title 23, United States           pursuant to paragraph (1) that was pre-
                                               serting ‘‘the road’’;                                   Code, is amended by striking ‘‘(other than             viously designated by the Congress as an
                                                  (3) in subsection (f), by striking ‘‘public          the Mass Transit Account)’’.                           emergency requirement pursuant to section
                                               road’’ each place it appears and inserting                (5) Section 323(b)(1) of title 23, United            251(b)(2)(A)(i) of the Balanced Budget and
                                               ‘‘road on the Interstate System’’;                      States Code, is amended in the matter pre-             Emergency Deficit Control Act of 1985 is des-
                                                  (4) in subsection (i)—                               ceding subparagraph (A) by striking ‘‘(other           ignated by the Congress as an emergency re-
                                                  (A) by striking ‘‘section 104(b)(5)’’ each           than the Mass Transit Account)’’.                      quirement pursuant to section 4112(a) of H.
                                               place it appears and inserting ‘‘section                  (6) Section 521(b)(10) of title 49, United           Con. Res. 71 (115th Congress), the concurrent
                                               104(b)(4)’’;                                            States Code, is amended by striking ‘‘(other           resolution on the budget for fiscal year 2018,
                                                  (B) in paragraph (5)—                                than the Mass Transit Account)’’.                      and to section 251(b) of the Balanced Budget
                                                  (i) by striking subparagraph (B);                      (7) Section 6308 of title 49, United States          and Emergency Deficit Control Act of 1985.
                                                  (ii) by redesignating subparagraph (C) as            Code, is amended by striking ‘‘(other than               (b) TARGETED EIDL ADVANCE.—
                                               subparagraph (B); and                                   the Mass Transit Account)’’.                             (1) Of the unobligated balances from
                                                  (iii) in subparagraph (C) (as so redesig-              (8) Section 31104(g) of title 49, United             amounts made available under the heading
                                               nated)—                                                 States Code, is amended by striking ‘‘(other           ‘‘Small Business Administration—Targeted
                                                  (I) by striking clauses (vi), (xi), (xiv),           than the Mass Transit Account)’’.                      EIDL Advance’’ in section 323(d)(1)(D) of di-
                                               (xviii), (xxii), and (xxiii); and                         (9) Section 31110(d) of title 49, United             vision N of the Consolidated Appropriations
                                                  (II) by redesignating clauses (vii) through          States Code, is amended by striking ‘‘(other           Act, 2021 (Public Law 116–260), $17,578,000,000
                                               (x), (xii) and (xiii), (xv) through (xvii), and         than the Mass Transit Account)’’.                      are hereby transferred to the Highway Trust
                                               (xix) through (xxi) as clauses (vi) through               (10) Section 31138(d)(5) of title 49, United         Fund.
                                               (xvii), respectively;                                   States Code, is amended by striking ‘‘(other             (2) The unobligated balances from amounts
                                                  (C) in paragraph (6)—                                than the Mass Transit Account)’’.




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                              made available in section 5002(b) of the
                                                  (i) in the matter preceding subparagraph               (11) Section 31139(g)(5) of title 49, United         American Rescue Plan Act of 2021 (Public
                                               (A), by striking ‘‘for’’ and all that follows           States Code, is amended by striking ‘‘(other           Law 117–2) are hereby transferred to the
                                               through ‘‘the necessary costs’’ in subpara-             than the Mass Transit Account)’’.                      Highway Trust Fund.
                                               graph (B) in the matter preceding clause (i)              (c) NATIONAL HIGHWAY SYSTEM REPEAL.—                   (c) ECONOMIC STABILIZATION PROGRAM.—Of
                                               and inserting ‘‘for the necessary costs’’; and          Section 111(d)(1) of title 23, United States           the unobligated balances from amounts
                                                  (ii) by redesignating clauses (i) through            Code, is amended in the first sentence by              made available in section 4027(a) of the
                                               (iii) as subparagraphs (A) through (C), re-             striking ‘‘the National Highway System’’               Coronavirus Aid, Relief, and Economic Secu-
                                               spectively, and indenting appropriately; and            and inserting ‘‘the Interstate System’’.               rity Act (15 U.S.C. 9601), $1,366,100,000 are




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                                               S5648                                             CONGRESSIONAL RECORD — SENATE                                                           August 2, 2021
                                               hereby transferred to the Highway Trust                 Con. Res. 71 (115th Congress), the concurrent            ‘‘(A) shall be adjusted by the Secretary on
                                               Fund.                                                   resolution on the budget for fiscal year 2018,         a pro rata basis to the extent necessary to
                                                 (d) BUSINESS LOANS PROGRAM ACCOUNT.—                  and to section 251(b) of the Balanced Budget           carry out the transfer of funds required
                                                 (1) Of the unobligated balances from                  and Emergency Deficit Control Act of 1985.             under section 305(a) of the Transportation
                                               amounts made available under the heading                  (h) PANDEMIC RELIEF FOR AVIATION WORK-               Empowerment Act; and
                                               ‘‘Small Business Administration—Business                ERS.—Of the unobligated balances from                    ‘‘(B) may be adjusted by the Secretary on
                                               Loans Program Account, CARES Act’’ in                   amounts made available in section 411 of               a pro rata basis to the extent necessary to
                                               section 1107(a)(1) of the Coronavirus Aid, Re-          subtitle A of title IV of division N of the            ensure that all available funds are allocated
                                               lief, and Economic Security Act (Public Law             Consolidated Appropriations Act, 2021 (15              to States, territories, and Tribal govern-
                                               116–136), as amended by section 101(a)(2) of di-        U.S.C. 9101), $200,000,000 are hereby trans-           ments in accordance with the requirements
                                               vision A of the Paycheck Protection Pro-                ferred to the Highway Trust Fund.                      specified in each such paragraph (as applica-
                                               gram and Health Care Enhancement Act                      (i)    CONFORMING      AMENDMENT.—Section            ble).’’.
                                               (Public Law 116–139), and in section                    9503(f) of the Internal Revenue Code of 1986 is          (2) CORONAVIRUS LOCAL FISCAL RECOVERY
                                               323(d)(1)(A) of division N of the Consolidated          amended by redesignating paragraph (11) as             FUND.—Section 603(b)(5) of the Social Secu-
                                               Appropriations Act, 2021 (Public Law 116–260)           paragraph (12) and by inserting after para-            rity Act (42 U.S.C. 803(b)(5) is amended to
                                               for carrying out paragraphs (36) and (37) of            graph (10) the following new paragraph:                read as follows:
                                               section 7(a) of the Small Business Act (15                ‘‘(11) TRANSFER OF UNUSED COVID–19 APPRO-              ‘‘(5)     ADJUSTMENT       AUTHORITY.—The
                                               U.S.C. 636(a)), $4,684,000,000 are hereby trans-        PRIATIONS.—There is hereby transferred to              amounts otherwise determined for allocation
                                               ferred to the Highway Trust Fund.                       the Highway Trust Fund the amounts de-                 and payment under paragraphs (1), (2), and
                                                 (2) Of the unobligated balances from                  scribed in subsections (a) through (h) of sec-         (3)—
                                               amounts made available under the heading                tion 303 of the Transportation Empowerment               ‘‘(A) shall be adjusted by the Secretary on
                                               ‘‘Small Business Administration—Business                Act.’’.                                                a pro rata basis to the extent necessary to
                                               Loans     Program      Account’’    in   section        SEC. 304. TERMINATION OF EMPLOYEE RETEN-               carry out the transfer of funds required
                                               323(d)(1)(F) of division N of the Consolidated                      TION CREDIT FOR EMPLOYERS SUB-             under section 305(a) of the Transportation
                                               Appropriations Act, 2021 (Public Law 116–                           JECT TO CLOSURE DUE TO COVID–              Empowerment Act; and
                                               260), $992,000,000 are hereby transferred to the                    19.                                          ‘‘(B) may be adjusted by the Secretary on
                                               Highway Trust Fund.                                       (a) TERMINATION OF CREDIT.—                          a pro rata basis to the extent necessary to
                                                 (e) PANDEMIC RELIEF FOR AVIATION WORK-                  (1) IN GENERAL.—Section 3134 of the Inter-           ensure that all available funds are distrib-
                                               ERS, CORONAVIRUS AID, RELIEF, AND ECONOMIC              nal Revenue Code of 1986 is amended—                   uted to metropolitan cities, counties, and
                                               SECURITY ACT (CARES ACT).—Of the unobli-                  (A) in subsection (c)(5)—                            States in accordance with the requirements
                                               gated balances from amounts made available                (i) in subparagraph (A), by adding ‘‘and’’ at        specified in each paragraph (as applicable)
                                               in section 4120 of the Coronavirus Aid, Relief,         the end,                                               and the certification requirement specified
                                               and Economic Security Act (15 U.S.C. 9080),               (ii) in subparagraph (B), by striking ‘‘,            in subsection (d).’’.
                                               $3,000,000,000 are hereby transferred to the            and’’ at the end and inserting a period, and             (c)    CONFORMING     AMENDMENT.—Section
                                               Highway Trust Fund.                                       (iii) by striking subparagraph (C), and              9503(f) of the Internal Revenue Code of 1986,
                                                 (f) EDUCATION STABILIZATION FUND.—                      (B) in subsection (n), by striking ‘‘January         as amended by section 304(b), is further
                                                 (1) TRANSFER.—Of the unobligated balances             1, 2022’’ and inserting ‘‘October 1, 2021 (or, in      amended by redesignating paragraph (13) as
                                               from amounts made available under the                   the case of wages paid by an eligible em-              paragraph (14) and by inserting after para-
                                               heading ‘‘Education Stabilization Fund’’ in             ployer which is a recovery startup business,           graph (12) the following new paragraph:
                                               title VIII of division B of the Coronavirus             January 1, 2022)’’.                                      ‘‘(13) TRANSFER OF UNUSED COVID–19 APPRO-
                                               Aid, Relief, and Economic Security Act                    (2) EFFECTIVE DATE.—The amendments                   PRIATIONS.—There is hereby transferred to
                                               (Public Law 116–136) and in title III of divi-          made by this subsection shall apply to cal-            the Highway Trust Fund the amounts de-
                                               sion M of the Consolidated Appropriations               endar quarters beginning after September 30,           scribed in section 305(a) of the Transpor-
                                               Act, 2021 (Public Law 116–260) that were re-            2021.                                                  tation Empowerment Act.’’.
                                               served for the Higher Education Emergency                 (b) TRANSFERS OF SAVINGS TO THE HIGHWAY                    Subtitle B—Highway Related Taxes
                                               Relief Fund by sections 18004(a)(1) and                 TRUST FUND.—Section 9503(f) of the Internal            SEC. 311. REDUCTION IN TAXES ON GASOLINE,
                                               18004(a)(2) of division B of the Coronavirus            Revenue Code of 1986, as amended by section                        DIESEL FUEL, KEROSENE, AND SPE-
                                               Aid, Relief, and Economic Security Act                  303(i), is further amended by redesignating                        CIAL FUELS FUNDING HIGHWAY
                                               (Public Law 116–136) and sections 314(a)(1),            paragraph (12) as paragraph (13) and by in-                        TRUST FUND.
                                               314(a)(2), and 314(a)(4) of division M of the           serting after paragraph (11) the following               (a) REDUCTION IN TAX RATE.—
                                               Consolidated Appropriations Act, 2021 (Pub-             new paragraph:                                           (1) IN GENERAL.—Section 4081(a)(2)(A) of
                                               lic Law 116–260), $353,400,000 are hereby trans-          ‘‘(12) SAVINGS FROM TERMINATION OF EM-               the Internal Revenue Code of 1986 is amend-
                                               ferred to the Highway Trust Fund.                       PLOYEE RETENTION CREDIT FOR EMPLOYERS                  ed—
                                                 (2) DESIGNATION.—The amount transferred               SUBJECT TO CLOSURE DUE TO COVID–19.—There                 (A) in clause (i), by striking ‘‘18.3 cents’’
                                               pursuant to paragraph (1) that was pre-                 are hereby appropriated to the Highway                 and inserting ‘‘7 cents’’, and
                                               viously designated by the Congress as an                Trust Fund amounts equivalent to savings                  (B) in clause (iii), by striking ‘‘24.3 cents’’
                                               emergency requirement pursuant to section               achieved as a result of the amendments made            and inserting ‘‘8.3 cents’’.
                                               251(b)(2)(A)(i) of the Balanced Budget and              by section 304 of the Transportation Em-                  (2) CONFORMING AMENDMENTS.—
                                               Emergency Deficit Control Act of 1985 is des-           powerment Act, as estimated by the Sec-                   (A) Section 4081(a)(2)(D) of such Code is
                                               ignated by the Congress as an emergency re-             retary.’’.                                             amended—
                                               quirement pursuant to section 4112(a) of H.             SEC. 305. TRANSFER OF UNUSED CORONAVIRUS                  (i) by striking ‘‘19.7 cents’’ and inserting
                                               Con. Res. 71 (115th Congress), the concurrent                       STATE AND LOCAL FISCAL RECOV-              ‘‘6.7 cents’’, and
                                               resolution on the budget for fiscal year 2018,                      ERY FUNDS TO THE HIGHWAY TRUST                (ii) by striking ‘‘24.3 cents’’ and inserting
                                               and to section 251(b) of the Balanced Budget                        FUND.                                      ‘‘8.3 cents’’.
                                               and Emergency Deficit Control Act of 1985.                (a) TRANSFER OF FUNDS.—                                 (B) Section 6427(b)(2)(A) of such Code is
                                                 (g) SMALL BUSINESS ADMINISTRATION, SALA-                (1) IN GENERAL.—Of the unobligated bal-              amended by striking ‘‘7.4 cents’’ and insert-
                                               RIES AND EXPENSES.—                                     ances of the amounts appropriated under sec-           ing ‘‘2.5 cents’’.
                                                 (1) TRANSFER.—Of the unobligated balances             tions 602(a) and 603(a) of the Social Security            (b)    ADDITIONAL     CONFORMING        AMEND-
                                               from amounts made available under the                   Act (42 U.S.C. 802(a), 803(a)) as of the date of       MENTS.—
                                               heading ‘‘Small Business Administration—                enactment of this Act, $70,000,000,000 are                (1) Section 4041(a)(1)(C)(iii)(I) of the Inter-
                                               Salaries and Expenses’’ in section 1107(a)(2)           hereby transferred to the Highway Trust                nal Revenue Code of 1986 is amended by
                                               of the Coronavirus Aid, Relief, and Economic            Fund.                                                  striking ‘‘7.3 cents per gallon (4.3 cents per
                                               Security Act (Public Law 116–136), in title II            (2) APPORTIONMENT.—In carrying out para-             gallon after’’ and inserting ‘‘1.5 cents per
                                               of division B of the Paycheck Protection                graph (1), the Secretary of the Treasury shall         gallon (zero cents per gallon after’’.
                                               Program and Health Care Enhancement Act                 transfer the funds specified in such para-                (2) Section 4041(a)(2)(B)(ii) of such Code is
                                               (Public Law 116–139), and in section                    graph from the unobligated balances of the             amended by striking ‘‘18.3 cents’’ and insert-
                                               323(d)(1)(C) of division N of the Consolidated          amounts      appropriated     under     sections       ing ‘‘7 cents’’.
                                               Appropriations Act, 2021 (Public Law 116–               602(a)(1) and 603(a) of such Act in equal pro-            (3) Clauses (iii) and (iv) of section
                                               260), $175,000,000 are hereby transferred to the        portion to the greatest extent practicable.            4041(a)(2)(B) of such Code are each amended
                                               Highway Trust Fund.                                       (b) CONFORMING AMENDMENTS.—                          by striking ‘‘24.3 cents’’ and inserting ‘‘8.3




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                                                 (2) DESIGNATION.—The amount transferred                 (1) CORONAVIRUS STATE FISCAL RECOVERY                cents’’.
                                               pursuant to paragraph (1) that was pre-                 FUND.—Section 602(b)(4) of the Social Secu-               (4) Section 4041(a)(3)(A) of such Code is
                                               viously designated by the Congress as an                rity Act (42 U.S.C. 802(b)(4)) is amended to           amended by striking ‘‘18.3 cents’’ and insert-
                                               emergency requirement pursuant to section               read as follows:                                       ing ‘‘7 cents’’.
                                               251(b)(2)(A)(i) of the Balanced Budget and                ‘‘(4)     ADJUSTMENT         AUTHORITY.—The             (5) Section 4041(m)(1) of such Code is
                                               Emergency Deficit Control Act of 1985 is des-           amounts otherwise determined for allocation            amended—
                                               ignated by the Congress as an emergency re-             and payment under paragraphs (1), (2), and                (A) in subparagraph (A)(i), by striking
                                               quirement pursuant to section 4112(a) of H.             (3)—                                                   ‘‘9.15 cents’’ and inserting ‘‘3.1 cents’’,




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                                               August 2, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                    S5649
                                                  (B) in subparagraph (A)(ii), by striking                (A) Section 4041(m)(1)(A).                            (b) TABLE OF CONTENTS.—The table of con-
                                               ‘‘11.3 cents’’ and inserting ‘‘3.9 cents’’, and            (B) Section 4051(c).                                tents for this Act is as follows:
                                                  (C) in subparagraph (B), by striking all                (C) Section 4071(d).                                Sec. 1. Short title; table of contents.
                                               after ‘‘2022’’ and inserting ‘‘, zero cents per            (D) Section 4081(d)(3).                             Sec. 2. Findings and purposes.
                                               gallon.’’.                                                 (b) EXTENSION OF TAX, ETC., ON USE OF CER-
                                                                                                                                                                     TITLE I—HIGHWAY FUNDING
                                                  (6) Section 4081(d)(1) of such Code is amend-        TAIN HEAVY VEHICLES.—Each of the following
                                               ed by striking ‘‘4.3 cents per gallon’’ and in-         provisions of the Internal Revenue Code of             Sec. 101. Authorization of appropriations.
                                               serting ‘‘zero cents per gallon’’.                      1986 is amended by striking ‘‘2023’’ each place        Sec. 102. Federalization and defederalization
                                                  (c) FLOOR STOCK REFUNDS.—                            it appears and inserting ‘‘2028’’:                                   of projects.
                                                  (1) IN GENERAL.—If—                                     (1) Section 4481(f).                                Sec. 103. Reporting requirements.
                                                  (A) before the applicable date, tax has been            (2) Subsections (c)(4) and (d) of section 4482.     Sec. 104. Funding limitation.
                                               imposed under section 4081 of the Internal                 (c) FLOOR STOCKS REFUNDS.—Section                   Sec. 105. Reports; certification.
                                               Revenue Code of 1986 on any liquid, and                 6412(a)(1) of the Internal Revenue Code of                 TITLE II—FEDERAL-AID HIGHWAY
                                                  (B) on such date such liquid is held by a            1986 is amended—                                                   PROGRAM REFORMS
                                               dealer and has not been used and is intended               (1) by striking ‘‘October 1, 2022’’ each place      Sec. 201. Definitions.
                                               for sale;                                               it appears and inserting ‘‘October 1, 2027’’,          Sec. 202. Federal-aid system.
                                               there shall be credited or refunded (without               (2) by striking ‘‘March 31, 2023’’ each place       Sec. 203. Apportionment.
                                               interest) to the person who paid such tax (in           it appears and inserting ‘‘March 31, 2027’’,           Sec. 204. Additional deposits in Highway
                                               this subsection referred to as the ‘‘tax-               and                                                                  Trust Fund.
                                               payer’’) an amount equal to the excess of the              (3) by striking ‘‘January 1, 2023’’ and in-         Sec. 205. Project approval and oversight.
                                               tax paid by the taxpayer over the amount of             serting ‘‘January 1, 2028’’.                           Sec. 206. Standards.
                                               such tax which would be imposed on such liq-               (d) EXTENSION OF CERTAIN EXEMPTIONS.—               Sec. 207. Nationally significant freight and
                                               uid had the taxable event occurred on such                 (1) Section 4221(a) of the Internal Revenue                       highway projects.
                                               date.                                                   Code of 1986 is amended by striking ‘‘October          Sec. 208. National highway performance pro-
                                                  (2) TIME FOR FILING CLAIMS.—No credit or             1, 2022’’ and inserting ‘‘October 1, 2027’’.                         gram.
                                               refund shall be allowed or made under this                 (2) Section 4483(i) of such Code is amended         Sec. 209. Federal share payable.
                                               subsection unless—                                      by striking ‘‘October 1, 2023’’ and inserting          Sec. 210. Emergency relief.
                                                  (A) claim therefor is filed with the Sec-            ‘‘October 1, 2028’’.                                   Sec. 211. Transferability of Federal-aid high-
                                               retary of the Treasury before the date that is             (e) EXTENSION OF TRANSFERS OF CERTAIN                             way funds.
                                               6 months after the applicable date, and                 TAXES.—                                                Sec. 212. Toll roads, bridges, tunnels, and
                                                  (B) in any case where liquid is held by a               (1) IN GENERAL.—Section 9503 of the Inter-                        ferries.
                                               dealer (other than the taxpayer) on the ap-             nal Revenue Code of 1986 is amended—                   Sec. 213. Railway-highway crossings.
                                               plicable date—                                             (A) in subsection (b)—                              Sec. 214. Surface transportation block grant
                                                  (i) the dealer submits a request for refund             (i) by striking ‘‘October 1, 2022’’ each place                    program.
                                               or credit to the taxpayer before the date that          it appears in paragraphs (1) and (2) and in-           Sec. 215. Metropolitan transportation plan-
                                               is 3 months after the applicable date, and              serting ‘‘October 1, 2027’’,                                         ning.
                                                  (ii) the taxpayer has repaid or agreed to               (ii) by striking ‘‘OCTOBER 1, 2022’’ in the         Sec. 216. Control of junkyards.
                                               repay the amount so claimed to such dealer              heading of paragraph (2) and inserting ‘‘OC-           Sec. 217. Enforcement of requirements.
                                               or has obtained the written consent of such             TOBER 1, 2027’’,                                       Sec. 218. Public transportation.
                                               dealer to the allowance of the credit or the               (iii) by striking ‘‘September 30, 2022’’ in         Sec. 219. Highway use tax evasion projects.
                                               making of the refund.                                   paragraph (2) and inserting ‘‘September 30,            Sec. 220. National bridge and tunnel inven-
                                                  (3) EXCEPTION FOR FUEL HELD IN RETAIL                2027’’, and                                                          tory and inspection standards.
                                               STOCKS.—No credit or refund shall be allowed               (iv) by striking ‘‘July 1, 2023’’ in paragraph      Sec. 221. Carpool and vanpool projects.
                                               under this subsection with respect to any               (2) and inserting ‘‘July 1, 2027’’, and                Sec. 222. Construction of ferry boats and
                                               liquid in retail stocks held at the place                  (B) in subsection (c)(2), by striking ‘‘July 1,                   ferry terminal facilities.
                                               where intended to be sold at retail.                    2023’’ and inserting ‘‘July 1, 2028’’.                 Sec. 223. Highway safety improvement pro-
                                                  (4) DEFINITIONS.—For purposes of this sub-              (2) SMALL-ENGINE FUEL TAX TRANSFERS.—                             gram.
                                               section—                                                Paragraph (4)(A) of section 9503(c) of such            Sec. 224. Repeal of congestion mitigation
                                                  (A) APPLICABLE DATE.—The term ‘‘applica-             Code is amended by striking ‘‘October 1,                             and air quality improvement
                                               ble date’’ means the first day of the first cal-        2022’’ and inserting ‘‘October 1, 2027’’.                            program.
                                               endar quarter beginning after the date of the              (f) TERMINATION OF MOTORBOAT FUEL TAX               Sec. 225. National goals and performance
                                               enactment of this Act.                                  TRANSFERS.—                                                          measures.
                                                  (B) OTHER TERMS.—The terms ‘‘dealer’’ and               (1) IN GENERAL.—Paragraph (3)(A)(i) of sec-         Sec. 226. National electric vehicle charging
                                               ‘‘held by a dealer’’ have the respective mean-          tion 9503(c) of such Code is amended by strik-                       and hydrogen, propane, and
                                               ings given to such terms by section 6412 of             ing ‘‘October 1, 2022’’ and inserting ‘‘October                      natural gas fueling corridors.
                                               such Code; except that the term ‘‘dealer’’ in-          1, 2021’’.                                             Sec. 227. Hazard elimination program.
                                               cludes a producer.                                         (2) CONFORMING AMENDMENTS TO LAND AND               Sec. 228. National scenic byways program.
                                                  (5) CERTAIN RULES TO APPLY.—Rules similar            WATER CONSERVATION FUND.—Section 200310                Sec. 229. National highway freight program.
                                               to the rules of subsections (b) and (c) of sec-         of title 54, United States Code, is amended—           Sec. 230. Recreational trails program.
                                               tion 6412 and sections 6206 and 6675 of such               (A) by striking ‘‘October 1, 2023’’ each place      Sec. 231. Bicycle transportation and pedes-
                                               Code shall apply for purposes of this sub-              it appears and inserting ‘‘October 1, 2022’’;                        trian walkways.
                                               section.                                                and                                                    Sec. 232. Alaska highway.
                                                  (d) EFFECTIVE DATES.—                                   (B) by striking ‘‘October 1, 2022’’ and in-         Sec. 233. Conforming amendments.
                                                  (1) IN GENERAL.—Except as provided in                serting ‘‘October 1, 2021’’.                            TITLE III—HIGHWAY TRUST FUND AND
                                               paragraphs (2), the amendments made by                     (g) EFFECTIVE DATE.—The amendments                                RELATED TAXES
                                               this section shall apply to fuel removed on or          made by this section shall take effect on Oc-           Subtitle A—Highway Trust Fund Authority
                                               after the first day of the first calendar quar-         tober 1, 2021.                                         Sec. 301. Extension of Highway Trust Fund
                                               ter beginning after the date of the enact-                                    ---                                            expenditure authority.
                                               ment of this Act.                                         SA 2255. Mr. LEE submitted an                        Sec. 302. Termination of Mass Transit Ac-
                                                  (2) CERTAIN CONFORMING AMENDMENTS.—The               amendment intended to be proposed to                                 count.
                                               amendments made by paragraphs (1), (2), (3),            amendment SA 2137 proposed by Mr.                      Sec. 303. Transfer of unused COVID–19 ap-
                                               (4), and (5) of subsection (b) shall apply to
                                                                                                       SCHUMER (for Ms. SINEMA (for herself,                                propriations to the Highway
                                               fuel sold or used after the first day of the
                                                                                                       Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-                                   Trust Fund.
                                               first calendar quarter beginning after the
                                                                                                       SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.                   Sec. 304. Termination of employee retention
                                               date of the enactment of this Act.
                                                                                                       TESTER, Ms. MURKOWSKI, Mr. WARNER,                                   credit for employers subject to
                                               SEC.   312.EXTENSION      OF   HIGHWAY-RELATED
                                                                                                                                                                            closure due to COVID–19.
                                                           TAXES.                                      and Mr. ROMNEY)) to the bill H.R. 3684,                Sec. 305. Transfer of unused Coronavirus
                                                 (a) IN GENERAL.—                                      to authorize funds for Federal-aid high-                             State and Local Fiscal Recov-
                                                 (1) Each of the following provisions of the           ways, highway safety programs, and                                   ery Funds to the Highway
                                               Internal Revenue Code of 1986 is amended by




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       transit programs, and for other pur-                                 Trust Fund.
                                               striking ‘‘September 30, 2022’’ and inserting
                                               ‘‘September 30, 2027’’:                                 poses; which was ordered to lie on the                      Subtitle B—Highway Related Taxes
                                                 (A) Section 4041(a)(1)(C)(iii)(I).                    table; as follows:                                     Sec. 311. Reduction in taxes on gasoline, die-
                                                 (B) Section 4041(m)(1)(B).                              Strike all after the enacting clause and in-                       sel fuel, kerosene, and special
                                                 (C) Section 4081(d)(1).                               sert the following:                                                  fuels funding Highway Trust
                                                 (2) Each of the following provisions of such          SECTION 1. SHORT TITLE; TABLE OF CONTENTS.                           Fund.
                                               Code is amended by striking ‘‘October 1,                  (a) SHORT TITLE.—This Act may be cited as            Sec. 312. Extension      of    highway-related
                                               2022’’ and inserting ‘‘October 1, 2027’’:               the ‘‘Transportation Empowerment Act’’.                              taxes.




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