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.
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“Congressional Record, Senate — August 2, 2021, S5641.”
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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)’’.
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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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