Congressional Record — Senate, August 2, 2021, Page S5649
Summary
Congressional Record, Senate, page S5649, August 2, 2021. The page prints the end of provisions amending the Internal Revenue Code of 1986, including floor stock refunds and extensions of tax, exemption and transfer provisions that replace October 1, 2022 with October 1, 2027 in several places. It then prints a table of contents for an Act, beginning with Title I, Highway Funding, and Title II, Federal-aid Highway Program Reforms. The listed sections include Authorization of appropriations, Apportionment, Emergency relief, and Public transportation.
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“Congressional Record — Senate, August 2, 2021, Page S5649.”
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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
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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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S5650 CONGRESSIONAL RECORD — SENATE August 2, 2021
TITLE IV—MISCELLANEOUS (B) innovation, energy efficiency, private construction or improvement project de-
Sec. 401. National Environmental Policy Act sector participation, and productivity. scribed in that subparagraph shall no longer
modifications. TITLE I—HIGHWAY FUNDING be considered to be a Federal highway con-
Sec. 402. Repeal of Davis-Bacon wage re- SEC. 101. AUTHORIZATION OF APPROPRIATIONS. struction or improvement project.
quirements. (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.
Code, the surface transportation block grant SEC. 104. FUNDING LIMITATION.
necting all States;
(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
highway freight program under section 167 of 2026 that the aggregate amount required to
(3) each State has the responsibility of pro-
that title $18,450,000,000 for each of fiscal carry out transportation programs and
viding an efficient transportation network
years 2022 through 2026. projects under this Act and the amendments
for the residents of the State;
(B) EMERGENCY RELIEF.—For emergency re- made by this Act exceeds the estimated ag-
(4) each State has the means to build and
lief under section 125 of title 23, United gregate amount in the Highway Trust Fund
operate a network of transportation sys- available for those programs and projects for
tems, including highways, that best serves States Code, $100,000,000 for each of fiscal
years 2022 through 2026. the fiscal year, each amount made available
the needs of the State; for that program or project shall be reduced
(5) each State is best capable of deter- (C) FEDERAL LANDS PROGRAMS.—
(i) FEDERAL LANDS TRANSPORTATION PRO- by the pro rata percentage required to re-
mining the needs of the State and acting on duce the aggregate amount required to carry
those needs; GRAM.—For the Federal lands transportation
program under section 203 of title 23, United out those programs and projects to an
(6) the Federal role in highway transpor- amount equal to the amount available for
tation has, over time, usurped the role of the States Code, $300,000,000 for each of fiscal
those programs and projects in the Highway
States by taxing motor fuels used in the years 2022 through 2026, of which—
Trust Fund for the fiscal year.
States and then distributing the proceeds to (I) $240,000,000 of the amount made avail-
SEC. 105. REPORTS; CERTIFICATION.
the States based on the perceptions of the able for each fiscal year shall be the amount
for the National Park Service; and (a) REPORT ON EXISTING OBLIGATIONS.—
Federal Government on what is best for the (1) IN GENERAL.—The Director of the Office
States; (II) $30,000,000 of the amount made avail-
able for each fiscal year shall be the amount of Management and Budget (referred to in
(7) the Federal Government has used the this section as the ‘‘Director’’), in consulta-
Federal motor fuels tax revenues to force all for the United States Fish and Wildlife Serv-
ice. tion with the Secretary of Transportation,
States to take actions that are not nec- shall develop and submit to Congress a 5-
essarily appropriate for individual States; (ii) FEDERAL LANDS ACCESS PROGRAM.—For
the Federal lands access program under sec- year plan for the use of revenue deposited in
(8) the Federal distribution, review, and the Highway Trust Fund to pay for unpaid
enforcement process wastes billions of dol- tion 204 of title 23, United States Code,
$250,000,000 for each of fiscal years 2022 obligations under Federal-aid highway pro-
lars on unproductive activities; grams (as in effect before the date of enact-
(9) Federal mandates that apply uniformly through 2026.
(b) FUNDING FOR HIGHWAY RESEARCH AND ment of this Act) incurred before the date of
to all 50 States, regardless of the different enactment of this Act.
DEVELOPMENT PROGRAM.—
circumstances of the States, cause the (1) AUTHORIZATION OF APPROPRIATIONS.— (2) REQUIREMENT.—In developing the plan
States to waste billions of hard-earned tax There is authorized to be appropriated out of under paragraph (1), the Director shall, to
dollars on projects, programs, and activities the Highway Trust Fund to carry out section the maximum extent practicable, balance
that the States would not otherwise under- 503(b) of title 23, United States Code, payments for new Federal-aid highway
take; and $115,000,000 for each of fiscal years 2022 projects with continued payment of unpaid
(10) Congress has expressed a strong inter- through 2026. obligations described in paragraph (1).
est in reducing the role of the Federal Gov- (2) APPLICABILITY OF TITLE 23, UNITED (b) ANNUAL REPORTS.—Not less frequently
ernment by allowing each State to manage STATES CODE.—Funds authorized to be appro-
than annually, the Director shall submit to
its own affairs. priated by paragraph (1) shall— Congress a report that includes—
(b) PURPOSES.—The purposes of this Act (A) be available for obligation in the same (1) a description of the remaining balance
are— manner as if those funds were apportioned of unpaid obligations under Federal-aid high-
(1) to provide a new policy blueprint to under chapter 1 of title 23, United States way programs (as in effect before the date of
govern the Federal role in transportation Code, except that the Federal share of the enactment of this Act) incurred before the
once existing and prior financial obligations cost of a project or activity carried out using date of enactment of this Act; and
are met; those funds shall be 80 percent, unless other- (2) a status update on the progress made
(2) to return to the individual States max- wise expressly provided by this Act (includ- toward achieving the goals of the 5-year plan
imum discretionary authority and fiscal re- ing the amendments by this Act); and developed under subsection (a).
sponsibility for all elements of the national (B) remain available until expended and (c) CERTIFICATION.—On the date that the
surface transportation systems that are not not be transferable. Director determines that there are no re-
within the direct purview of the Federal maining unpaid obligations under Federal-
SEC. 102. FEDERALIZATION AND
Government; DEFEDERALIZATION OF PROJECTS. aid highway programs (as in effect before the
(3) to preserve Federal responsibility for Notwithstanding any other provision of date of enactment of this Act) incurred be-
the Dwight D. Eisenhower National System law, beginning on October 1, 2021— fore the date of enactment of this Act, the
of Interstate and Defense Highways; (1) a highway construction or improvement Director shall submit to Congress a certifi-
(4) to preserve the responsibility of the De- project shall not be considered to be a Fed- cation that there are no such remaining un-
partment of Transportation for— eral highway construction or improvement paid obligations.
(A) design, construction, and preservation project unless and until a State expends Fed- TITLE II—FEDERAL-AID HIGHWAY
of transportation facilities on Federal public eral funds for the construction portion of the PROGRAM REFORMS
land; project; SEC. 201. DEFINITIONS.
(B) national programs of transportation re- (2) a highway construction or improvement Section 101(a) of title 23, United States
search and development and transportation project shall not be considered to be a Fed- Code, is amended—
safety; and eral highway construction or improvement (1) by striking paragraph (6) and inserting
(C) emergency assistance to the States in project solely by reason of the expenditure of the following:
response to natural disasters; Federal funds by a State before the construc- ‘‘(6) FEDERAL-AID HIGHWAY.—The term
(5) to eliminate to the maximum extent tion phase of the project to pay expenses re- ‘Federal-aid highway’ means a highway on
practicable Federal obstacles to the ability lating to the project, including for any envi- the Interstate System eligible for assistance
of each State to apply innovative solutions ronmental document or design work required under this chapter.’’;
to the financing, design, construction, oper- for the project; and (2) in paragraph (12), by striking ‘‘section
SSpencer on DSK126QN23PROD with SENATE
ation, and preservation of Federal and State (3)(A) a State may, after having used Fed- 103(c)’’ and inserting ‘‘section 103(b)’’;
transportation facilities; and eral funds to pay all or a portion of the costs (3) by striking paragraph (16); and
(6) with respect to transportation activi- of a highway construction or improvement (4) by redesignating paragraphs (17)
ties carried out by States, local govern- project, reimburse the Federal Government through (34) as paragraphs (16) through (33),
ments, and the private sector, to encour- in an amount equal to the amount of Federal respectively.
age— funds so expended; and SEC. 202. FEDERAL-AID SYSTEM.
(A) competition among States, local gov- (B) after completion of a reimbursement (a) IN GENERAL.—Section 103(a) of title 23,
ernments, and the private sector; and described in subparagraph (A), a highway United States Code, is amended by striking
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5651
‘‘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
(B) by striking subsection (b); and ‘‘(e) TRANSFERABILITY OF FUNDS.— National Highway System’’ and inserting
(C) by redesignating subsection (c) as sub- ‘‘(1) IN GENERAL.—To the extent that a ‘‘Notwithstanding subsection (b), the Sec-
section (b). State determines that funds made available retary may approve a project for the Inter-
(2) Section 127(f) of title 23, United States under this title to the State for a purpose state System’’.
Code, is amended by striking ‘‘section are in excess of the needs of the State for (b) TECHNICAL AND CONFORMING AMEND-
103(c)(4)(A)’’ and inserting ‘‘section that purpose, the State may transfer the ex- MENTS.—Section 112 of title 23, United States
103(b)(4)(A)’’. cess funds to, and use the excess funds for, Code, is amended—
(3) The analysis for chapter 1 of title 23, any surface transportation (including public (1) in subsection (b)—
United States Code, is amended by striking transportation and rail) purpose in the (A) in paragraph (2)(F), by striking ‘‘(F)(F)
the item relating to section 103 and inserting State. Subparagraphs (B), (C), (D), and (E) herein’’
the following: ‘‘(2) ENFORCEMENT.—If the Secretary deter- and inserting the following:
‘‘103. Federal-aid system.’’. mines that a State has transferred funds ‘‘(F) LIMITATION.—Subparagraphs (B)
SEC. 203. APPORTIONMENT. under paragraph (1) to a purpose that is not through (E)’’; and
Section 104 of title 23, United States Code, a surface transportation purpose as described (B) in paragraph (4)(C)(iv)(II), by striking
is amended— in paragraph (1), the amount of the improp- ‘‘section 109(r)’’ and inserting ‘‘section
(1) in subsection (a)— erly transferred funds shall be deducted from 109(p)’’; and
(A) by striking paragraph (1) and inserting any amount the State would otherwise re- (2) in subsection (g)(2)(B), by striking ‘‘sec-
the following: ceive from the Highway Trust Fund for the tion 109(e)(2)’’ and inserting ‘‘section
‘‘(1) IN GENERAL.—There is authorized to be fiscal year that begins after the date of the 109(d)(2)’’.
appropriated from the Highway Trust Fund determination.’’; and SEC. 207. NATIONALLY SIGNIFICANT FREIGHT
for each of fiscal years 2022 through 2026, to (7) by striking subsection (i) and inserting AND HIGHWAY PROJECTS.
be made available to the Secretary for ad- the following: Section 117 of title 23, United States Code,
ministrative expenses of the Federal High- ‘‘(g) BASE APPORTIONMENT DEFINED.—In is amended—
way Administration, an amount equal to 1 this section, the term ‘base apportionment’ (1) by striking subsection (d) and inserting
percent of the amounts made available for means the combined amount authorized for the following:
programs under this title for the fiscal appropriation for the national highway per- ‘‘(d) ELIGIBLE PROJECTS.—Except as pro-
year.’’; and formance program under section 119, the sur- vided in subsection (e), the Secretary may
(B) in paragraph (2)(B), by striking ‘‘the face transportation block grant program make a grant under this section only for a
Appalachian development highway system’’ under section 133, the highway safety im- project that—
and inserting ‘‘the portions of the Appa- provement program under section 148, and ‘‘(1) is—
lachian Development Highway System on the national highway freight program under ‘‘(A) a highway freight project carried out
the Interstate System’’; section 167.’’. on the National Highway Freight Network
(2) in subsection (b)— SEC. 204. ADDITIONAL DEPOSITS IN HIGHWAY established under section 167;
TRUST FUND. ‘‘(B) a highway or bridge project carried
(A) in the matter preceding paragraph (1),
by striking ‘‘the congestion mitigation and (a) IN GENERAL.—Section 105 of title 23, out on the Interstate System, including a
air quality improvement program, the na- United States Code, is repealed. project to add capacity to the Interstate
tional highway freight program, and to carry (b) CLERICAL AMENDMENT.—The analysis System to improve mobility; or
out section 134’’ and inserting ‘‘and the na- for chapter 1 of title 23, United States Code, ‘‘(C) a railway-highway grade crossing or
tional highway freight program’’; is amended by striking the item relating to grade separation project on the Interstate
(B) in each of paragraphs (1), (2), and (3), by section 105. System; and
striking ‘‘paragraphs (4), (5), and (6)’’ and in- SEC. 205. PROJECT APPROVAL AND OVERSIGHT. ‘‘(2) has eligible project costs that are rea-
serting ‘‘paragraph (4)’’; Section 106 of title 23, United States Code, sonably anticipated to equal or exceed the
(C) by striking paragraph (4); is amended— lesser of—
(D) by redesignating paragraph (5) as para- (1) in subsection (c)— ‘‘(A) $100,000,000; and
graph (4); (A) by striking paragraphs (1) and (2) and ‘‘(B) in the case of a project—
(E) in paragraph (4) (as so redesignated)— inserting the following: ‘‘(i) located in 1 State, 30 percent of the
(i) by striking subparagraph (B) and insert- ‘‘(1) IN GENERAL.—For any project under amount apportioned under this chapter to
ing the following: this title, the State may assume the respon- the State in the most recently completed fis-
‘‘(B) TOTAL AMOUNT.—The total amount set sibilities of the Secretary under this title for cal year; or
aside for the national highway freight pro- design, plans, specifications, estimates, con- ‘‘(ii) located in more than 1 State, 50 per-
gram for all States shall be 3.5 percent of the tract awards, and inspections with respect to cent of the amount apportioned under this
amounts made available for programs under the project, unless the Secretary determines chapter to the participating State with the
this title for each of fiscal years 2022 through that the assumption is not appropriate.’’; largest apportionment under this chapter in
2026.’’; and and the most recently completed fiscal year.’’;
(ii) by striking subparagraph (D); and (B) by redesignating paragraphs (3) and (4) (2) in subsection (e)(1), by striking ‘‘de-
(F) by striking paragraph (6); as paragraphs (2) and (3), respectively; scribed in subsection (d)(1)(A) that do not
(3) in subsection (c)— (2) in subsection (d), in the matter pre- satisfy the minimum threshold under sub-
(A) in paragraph (1)— ceding paragraph (1), by striking ‘‘this sec- section (d)(1)(B)’’ and inserting ‘‘described in
(i) in the matter preceding subparagraph tion, section 133, or section 149’’ and insert- subsection (d)(1) that do not satisfy the min-
(A), by striking ‘‘fiscal years 2016 through ing ‘‘this section or section 133’’; imum threshold under subsection (d)(2)’’;
2020’’ and inserting ‘‘fiscal years 2022 through (3) in subsection (e)(2)— (3) by striking subsections (k) and (l);
2026’’; (A) in subparagraph (A), by striking ‘‘the (4) by redesignating subsections (m) and (n)
(ii) in subparagraph (A)— National Highway System’’ and inserting as subsections (k) and (l), respectively; and
(I) by striking clause (i) and inserting the ‘‘the Interstate System’’; and (5) in paragraph (1) of subsection (k) (as so
following: (B) in subparagraph (B), by striking ‘‘the redesignated)—
‘‘(i) the base apportionment; by’’; and National Highway System’’ and inserting (A) by striking subparagraph (B); and
(II) in clause (ii)(I), by striking ‘‘fiscal year ‘‘the Interstate System’’; and (B) in subparagraph (A)—
2015’’ and inserting ‘‘fiscal year 2021’’; and (4) in subsection (h)(3)(C), in the second (i) in the first sentence, by striking ‘‘At
(iii) in subparagraph (B), by striking sentence, by striking ‘‘statewide and metro- least 60 days’’ and inserting ‘‘Not less than 60
‘‘(other than the Mass Transit Account)’’; politan planning requirements in sections 134 days’’; and
and and 135’’ and inserting ‘‘statewide planning (ii) in the second sentence, by striking
SSpencer on DSK126QN23PROD with SENATE
(B) in paragraph (2)— requirements under section 135’’. ‘‘The notification’’ and inserting the fol-
(i) by striking ‘‘fiscal years 2016 through SEC. 206. STANDARDS. lowing:
2020’’ and inserting ‘‘fiscal years 2022 through (a) IN GENERAL.—Section 109 of title 23, ‘‘(B) INCLUSIONS.—Each notification under
2026’’; and United States Code, is amended— subparagraph (A)’’.
(ii) by striking ‘‘the congestion mitigation (1) by striking subsection (c); SEC. 208. NATIONAL HIGHWAY PERFORMANCE
and air quality improvement program under (2) by redesignating subsections (d) PROGRAM.
section 149, the national highway freight through (n) as subsections (c) through (m), Section 119 of title 23, United States Code,
program under section 167, and to carry out respectively; is amended—
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S5652 CONGRESSIONAL RECORD — SENATE August 2, 2021
(1) in subsection (b), by striking ‘‘the Na- (B) by striking paragraph (5); (C) in paragraph (1) (as so redesignated), by
tional Highway System’’ each place it ap- (4) by striking subsections (e) and (f); and redesignating clauses (i) and (ii) as subpara-
pears and inserting ‘‘the Interstate System’’; (5) by redesignating subsection (g) as sub- graphs (A) and (B), respectively, and indent-
(2) in subsection (c), by striking ‘‘the Na- section (e). ing appropriately; and
tional Highway System, as defined in section SEC. 211. TRANSFERABILITY OF FEDERAL-AID (D) in paragraph (8) (as so redesignated), by
103’’ and inserting ‘‘the Interstate System’’; HIGHWAY FUNDS. redesignating clauses (i) and (ii) as subpara-
(3) in subsection (d)— (a) IN GENERAL.—Section 126 of title 23, graphs (A) and (B), respectively, and indent-
(A) by striking ‘‘the National Highway United States Code, is repealed. ing appropriately; and
System’’ each place it appears and inserting (b) CLERICAL AMENDMENT.—The analysis (10) in subsection (j) (as so redesignated)—
‘‘the Interstate System’’; for chapter 1 of title 23, United States Code, (A) by redesignating subparagraphs (A)
(B) in paragraph (1)(B), by striking ‘‘sec- is amended by striking the item relating to through (E) as paragraphs (1) through (5), re-
tions 134 and 135’’ and inserting ‘‘section section 126. spectively, and indenting appropriately;
135’’; and SEC. 212. TOLL ROADS, BRIDGES, TUNNELS, AND (B) in the matter preceding paragraph (1)
(C) in paragraph (2)— FERRIES. (as so redesignated), by striking ‘‘this sub-
(i) by striking subparagraphs (F) through (a) IN GENERAL.—Section 129 of title 23, section’’ and inserting ‘‘this section’’;
(H); United States Code, is amended— (C) in paragraph (2) (as so redesignated), by
(ii) by redesignating subparagraphs (I) redesignating clauses (i) and (ii) as subpara-
(1) by striking subsections (b) and (c);
through (L) as subparagraphs (F) through (I), graphs (A) and (B), respectively, and indent-
(2) in subsection (a)—
respectively; and ing appropriately; and
(A) by striking ‘‘(a) Basic program.—’’; and
(iii) by striking subparagraphs (M) through (D) in paragraph (5) (as so redesignated), by
(B) by redesignating paragraphs (1)
(P); striking ‘‘this subsection’’ and inserting
through (10) as subsections (a) through (j),
(4) in subsection (e), by striking ‘‘the Na- ‘‘this section’’.
respectively, and indenting appropriately;
tional Highway System’’ each place it ap- (b) CONFORMING AMENDMENTS.—
(3) in subsection (a) (as so redesignated)—
pears and inserting ‘‘the Interstate System’’; (1) Section 165(c)(6)(A) of title 23, United
(A) by striking subparagraphs (B) and (F);
(5) in subsection (f)—
(B) by redesignating subparagraphs (A), States Code, is amended—
(A) in the subsection heading, by striking
(C), (D), (E), (G), (H), and (I) as paragraphs (1) (A) by striking clause (iii); and
‘‘AND NHS’’; and
through (7), respectively, and indenting ap- (B) by redesignating clauses (iv) through
(B) in paragraph (2)—
propriately; (vii) as clauses (iii) through (vi), respec-
(i) in the paragraph heading, by striking
(C) in paragraph (1) (as so redesignated), by tively.
‘‘NHS’’ and inserting ‘‘INTERSTATE SYSTEM’’;
inserting ‘‘on the Interstate System’’ after (2) Section 166(c)(2) of title 23, United
and
‘‘tunnel’’ each place it appears; States Code, is amended by striking ‘‘section
(ii) by striking ‘‘the National Highway
(D) in paragraph (3) (as so redesignated), by 129(a)(3)’’ and inserting ‘‘section 129(c)’’.
System’’ each place it appears and inserting
‘‘the Interstate System’’; inserting ‘‘on the Interstate System’’ after (3) Section 9 of the International Bridge
(6) by striking subsections (g) through (i); ‘‘tunnel’’ each place it appears; Act of 1972 (33 U.S.C. 535f) is amended in the
and (E) in paragraph (4) (as so redesignated), by second sentence by striking ‘‘section
(7) by redesignating subsection (j) as sub- inserting ‘‘on the Interstate System’’ after 129(a)(3)’’ and inserting ‘‘section 129(c)’’.
section (g). ‘‘tunnel’’ each place it appears; SEC. 213. RAILWAY-HIGHWAY CROSSINGS.
SEC. 209. FEDERAL SHARE PAYABLE. (F) in paragraph (6) (as so redesignated), by
(a) IN GENERAL.—Section 130 of title 23,
Section 120 of title 23, United States Code, inserting ‘‘on the Interstate System’’ after
United States Code, is repealed.
is amended— ‘‘tunnel’’; and
(G) in paragraph (7), by striking ‘‘this (b) CONFORMING AMENDMENTS.—
(1) by striking subsection (b); (1) The analysis for chapter 1 of title 23,
(2) by redesignating subsections (c) paragraph’’ and inserting ‘‘this subsection’’;
(4) in subsection (b) (as so redesignated)— United States Code, is amended by striking
through (f) as subsections (b) through (e), re- the item relating to section 130.
spectively; (A) in the matter preceding subparagraph
(A), by striking ‘‘this subsection’’ and insert- (2) Section 409 of title 23, United States
(3) in subsection (b) (as so redesignated)— Code, is amended by striking ‘‘sections 130,
(A) by striking paragraph (2); ing ‘‘this section’’; and
(B) by redesignating subparagraphs (A) and 144, and 148’’ and inserting ‘‘sections 144 and
(B) by redesignating paragraph (3) as para- 148’’.
graph (2); and (B) as paragraphs (1) and (2), respectively,
(C) in paragraph (2) (as so redesignated)— and indenting appropriately; SEC. 214. SURFACE TRANSPORTATION BLOCK
(5) in subsection (c) (as so redesignated)— GRANT PROGRAM.
(i) in subparagraph (A), in the matter pre-
ceding clause (i), by striking ‘‘paragraph (1), (A) by redesignating subparagraphs (A) (a) IN GENERAL.—Section 133 of title 23,
(2), (5)(D), or (6) of section 104(b)’’ and insert- through (C) as paragraphs (1) through (3), re- United States Code, is amended—
ing ‘‘paragraph (1) or (2) of section 104(b)’’; spectively, and indenting appropriately; (1) in subsection (b)—
and (B) in paragraph (1) (as so redesignated), by (A) in paragraph (1)—
(ii) in subparagraph (C)(i), by striking redesignating clauses (i) through (v) as sub- (i) by striking subparagraphs (B), (C), and
‘‘paragraphs (1), (2), (5)(D), and (6) of section paragraphs (A) through (E), respectively, and (E);
104(b)’’ and inserting ‘‘paragraphs (1) and (2) indenting appropriately; (ii) by redesignating subparagraphs (D) and
of section 104(b)’’; (C) in paragraph (2) (as so redesignated)— (F) as subparagraphs (B) and (C), respec-
(4) in subsection (c) (as so redesignated), in (i) by redesignating clauses (i) and (ii) as tively;
the first sentence, by striking ‘‘lands re- subparagraphs (A) and (B), respectively, and (iii) in subparagraph (A), by inserting
ferred to in subsections (a) and (b) of this indenting appropriately; and ‘‘that are on the Interstate System’’ after
section’’ and inserting ‘‘land referred to in (ii) in subparagraph (A) (as so redesig- ‘‘title 40’’;
subsection (a)’’; nated), by striking ‘‘subparagraph (A)’’ and (iv) in subparagraph (B) (as so redesig-
(5) in subsection (d) (as so redesignated), in inserting ‘‘paragraph (1)’’; and nated)—
the matter preceding paragraph (1)— (D) in paragraph (3) (as so redesignated), by (I) by inserting ‘‘on the Interstate System’’
(A) by striking ‘‘, including the Interstate striking ‘‘subparagraph (A)’’ each place it after ‘‘improvements’’; and
System,’’; and appears and inserting ‘‘paragraph (1)’’; (II) by inserting ‘‘and’’ after the semicolon
(B) by striking ‘‘subsections (a) and (b)’’ (6) in subsection (d) (as so redesignated)— at the end; and
and inserting ‘‘subsection (a)’’; (A) by redesignating subparagraphs (A) and (v) in subparagraph (C) (as so redesig-
(6) by striking subsection (g); and (B) as paragraphs (1) and (2), respectively, nated), by inserting ‘‘that are on the Inter-
(7) by redesignating subsections (h) and indenting appropriately; and state System’’ before the period at the end;
through (k) as subsections (g) through (j), re- (B) in paragraph (2) (as so redesignated), by (B) by striking paragraphs (3), (5), (6), (7),
spectively. striking ‘‘this paragraph’’ and inserting (11), (13), and (15);
SEC. 210. EMERGENCY RELIEF. ‘‘this subsection’’; (C) by redesignating paragraphs (4), (8), (9),
Section 125 of title 23, United States Code, (7) in subsection (e) (as so redesignated), by (10), (12), and (14) as paragraphs (3) through
is amended— striking ‘‘paragraph (1)’’ and inserting ‘‘sub- (8), respectively;
(1) in subsection (a), in the matter pre- section (a)’’; (D) in paragraph (3) (as so redesignated), by
ceding paragraph (1), by striking ‘‘highways, (8) in subsection (f) (as so redesignated), by striking‘‘ and transit safety infrastructure
roads, and trails,’’ and inserting ‘‘highways striking ‘‘paragraph (3)’’ and inserting ‘‘sub- improvements and programs, including rail-
SSpencer on DSK126QN23PROD with SENATE
on the Interstate System’’; section (c)’’; way-highway grade crossings’’ and inserting
(2) in subsection (c)(1), by striking ‘‘(other (9) in subsection (g) (as so redesignated)— ‘‘safety infrastructure improvements and
than the Mass Transit Account)’’; (A) by redesignating subparagraphs (A) programs on the Interstate System’’;
(3) in subsection (d)— through (I) as paragraphs (1) through (9), re- (E) in paragraph (4) (as so redesignated), by
(A) in paragraph (3)(C), by inserting ‘‘(as in spectively, and indenting appropriately; striking ‘‘the National Highway System and
effect on the day before the date of enact- (B) by striking ‘‘this paragraph’’ each a performance-based management program
ment of the Transportation Empowerment place it appears and inserting ‘‘this sub- for other public roads’’ and inserting ‘‘the
Act)’’ after ‘‘subsection (e)(1)’’; and section’’; Interstate System’’;
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5653
(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—
(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)’’;
(B) by striking paragraph (2); (3) in subsection (g), by striking ‘‘and the
(C) by redesignating paragraphs (3) ‘‘(n) DEFINITIONS.—In this section, the defi-
primary system’’;
through (6) as paragraphs (2) through (5), re- nitions under section 134(b) (as in effect on
(4) in subsection (k), by striking ‘‘inter-
spectively; the day before the date of enactment of the
state and primary systems’’ and inserting
(D) in paragraph (4) (as so redesignated), by Transportation Empowerment Act) shall
‘‘Interstate System’’; and
striking ‘‘sections 134 and 135’’ and inserting apply.’’.
(5) by striking subsection (n).
‘‘section 135’’; and (5) Section 137 of title 23, United States
SEC. 217. ENFORCEMENT OF REQUIREMENTS.
(E) in paragraph (5) (as so redesignated), by Code, is amended—
Section 141 of title 23, United States Code,
striking ‘‘is’’ and all that follows through (A) by striking subsection (e); and
is amended—
the period at the end and inserting ‘‘is 55 (B) by redesignating subsections (f) and (g)
(1) in subsection (a), in the first sentence,
percent for each of fiscal years 2022 through as subsections (e) and (f), respectively.
by striking ‘‘the Federal-aid primary sys-
2026.’’; (6) Section 166 of title 23, United States tem, the Federal-aid urban system, and the
(4) in subsection (e)(1), in the matter pre- Code, is amended by striking subsection (g). Federal-aid secondary system, including the
ceding subparagraph (A), by striking ‘‘fiscal (7) Section 168(a)(3) of title 23, United Interstate System’’ and inserting ‘‘the Inter-
years 2016 through 2020’’ and inserting ‘‘fiscal States Code, is amended by striking ‘‘metro- state System’’; and
years 2022 through 2026’’; and politan or statewide transportation planning (2) in subsection (b)(2), by striking ‘‘para-
(5) by striking subsections (f) through (i). under section 134 or 135, respectively’’ and graphs (1) through (6) of section 104(b)’’ and
(b) CONFORMING AMENDMENT.—Section inserting ‘‘statewide transportation planning inserting ‘‘paragraphs (1) through (4) of sec-
165(c)(7) of title 23, United States Code, is under section 135’’. tion 104(b)’’.
amended by striking ‘‘paragraphs (1) through (8) Section 201(c)(1) of title 23, United SEC. 218. PUBLIC TRANSPORTATION.
(4) of section 133(c) and section 133(b)(12)’’ States Code, is amended by striking ‘‘sec- (a) IN GENERAL.—Section 142 of title 23,
and inserting ‘‘section 133(b)(7)’’. tions 134 and 135’’ and inserting ‘‘section United States Code, is amended—
SEC. 215.
METROPOLITAN TRANSPORTATION 135’’. (1) in subsection (a)—
PLANNING. (9) Section 327(a)(2)(B)(iv)(I) of title 23, (A) by striking paragraph (2);
(a) IN GENERAL.—Section 134 of title 23, United States Code, is amended by striking (B) in the second sentence, by striking ‘‘If
United States Code, is repealed. ‘‘134 or’’. fees’’ and inserting the following:
(b) CONFORMING AMENDMENTS.— (10) Section 505 of title 23, United States ‘‘(2) RATE.—If fees’’; and
(1) The analysis for chapter 1 of title 23, Code, is amended— (C) by striking ‘‘(a)(1) To encourage’’ and
United States Code, is amended by striking (A) in subsection (a)(2)— inserting the following:
the item relating to section 134. (i) by striking ‘‘metropolitan and’’; and ‘‘(a) CONSTRUCTION OF FACILITIES.—
(2) Section 2864(f)(2) of title 10, United (ii) by striking ‘‘sections 134 and 135’’ and ‘‘(1) IN GENERAL.—To encourage’’;
States Code, is amended by inserting ‘‘(as in inserting ‘‘section 135’’; and (2) by striking subsections (d), (g), (h), and
effect on the day before the date of enact- (B) in subsection (b)(2), by striking ‘‘sec- (i);
ment of the Transportation Empowerment tions 134 and 135’’ and inserting ‘‘section (3) by redesignating subsections (e) and (f)
Act)’’ after ‘‘title 23’’. 135’’. as subsections (d) and (e), respectively; and
(3) Section 108(d)(5)(A) of title 23, United (11) Section 602(a)(3) of title 23, United (4) in subsection (d) (as so redesignated)—
States Code, is amended by striking ‘‘sec- States Code, is amended by striking ‘‘sec- (A) by striking ‘‘of this section’’ each place
tions 134 and 135’’ and inserting ‘‘section tions 134 and 135’’ and inserting ‘‘section it appears;
135’’. 135’’. (B) by striking paragraph (2); and
(4) Section 135 of title 23, United States (12) Section 174 of the Clean Air Act (42 (C) by redesignating paragraph (3) as para-
Code, is amended— U.S.C. 7504) is amended— graph (2).
(A) in subsection (a)— (A) in the fourth sentence of subsection (a), (b) CONFORMING AMENDMENT.—Section
(i) in paragraph (1), by striking ‘‘Subject to by striking ‘‘the metropolitan planning orga- 156(a) of title 23, United States Code, is
section 134, to accomplish the objectives nization designated to conduct the con- amended by striking ‘‘section 142(f)’’ and in-
stated in section 134(a)’’ and inserting ‘‘To tinuing, cooperative and comprehensive serting ‘‘section 142(e)’’.
accomplish the objectives stated in section transportation planning process for the area SEC. 219. HIGHWAY USE TAX EVASION PROJECTS.
134(a) (as in effect on the day before the date under section 134 of title 23, United States Section 143(b)(2)(A) of title 23, United
of enactment of the Transportation Em- Code,’’; States Code, is amended by striking ‘‘each of
powerment Act)’’; and (B) by striking subsection (b); and fiscal years 2016 through 2020’’ and inserting
(ii) in paragraph (3), by inserting ‘‘(as in ef- (C) by redesignating subsection (c) as sub- ‘‘each of fiscal years 2022 through 2026’’.
fect on the day before the date of enactment section (b). SEC. 220. NATIONAL BRIDGE AND TUNNEL INVEN-
of the Transportation Empowerment Act)’’ (13) Section 176(c) of the Clean Air Act (42 TORY AND INSPECTION STANDARDS.
after ‘‘section 134(a)’’; U.S.C. 7506(c)) is amended— Section 144 of title 23, United States Code,
(B) in subsection (b)(1), by striking ‘‘with (A) in paragraph (1), in the matter pre- is amended—
the transportation planning activities car- ceding subparagraph (A), by striking the sec- (1) in subsection (a)(2)—
ried out under section 134 for metropolitan ond sentence; (A) in subparagraph (A), by striking ‘‘high-
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areas of the State and’’; (B) in paragraph (7)(A), in the matter pre- way bridges and tunnels of the United
(C) in subsection (f)— ceding clause (i), by striking ‘‘section 134(i) States’’ and inserting ‘‘bridges on the Inter-
(i) in paragraph (2)— of title 23, United States Code, or’’; and state System’’;
(I) by striking subparagraph (A); and (C) in paragraph (9)— (B) in subparagraph (B), by striking ‘‘high-
(II) by redesignating subparagraphs (B), (i) by striking ‘‘section 134(i) of title 23, way bridges and tunnels’’ and inserting
(C), and (D) as subparagraphs (A), (B), and United States Code, or’’; and ‘‘bridges on the Interstate System’’; and
(C), respectively; (ii) by striking ‘‘under section 134(j) of (C) in subparagraph (E), by striking ‘‘Na-
(ii) by striking paragraph (4); such title 23 or’’. tional Highway System bridges and bridges
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S5654 CONGRESSIONAL RECORD — SENATE August 2, 2021
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
PROGRAM.
(2) in subsection (b)— (II) by striking clauses (v), (xviii), (xix),
(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)— congestion mitigation and air quality im-
lic road’’ and inserting ‘‘the Interstate Sys-
(A) by striking paragraphs (2) and (4); and provement program under section 149’’.
tem’’; and
(B) by redesignating paragraph (3) as para- (3) Section 505(a)(3) of title 23, United
(E) in paragraph (11)(D), by striking ‘‘all
graph (2); States Code, is amended by striking ‘‘149,’’.
public roads, including non-State-owned pub-
(4) in subsection (e)(1), by inserting ‘‘on the SEC. 225. NATIONAL GOALS AND PERFORMANCE
lic roads and roads on tribal land’’ and in-
Interstate System’’ after ‘‘any bridge’’; MEASURES.
serting ‘‘all roads on the Interstate System,
(5) in subsection (f)(1), in the matter pre- Section 150 of title 23, United States Code,
including non-State owned roads on the
ceding subparagraph (A), by inserting ‘‘on is amended—
Interstate System and roads on the Inter-
the Interstate System’’ after ‘‘any bridge’’; (1) in subsection (b)—
state System on tribal land’’;
(6) in subsection (g)— (A) in paragraph (1), by striking ‘‘all public
(2) in subsection (b)(2), by striking ‘‘all
(A) in paragraph (1), by inserting ‘‘on the roads’’ and inserting ‘‘all roads on the Inter-
public roads, including non-State-owned pub-
Interstate System’’ after ‘‘any bridge’’; and state System’’; and
lic roads and roads on tribal land’’ and in-
(B) in paragraph (3), by striking ‘‘bridges (B) in paragraph (3), by striking ‘‘National
serting ‘‘all roads on the Interstate System,
on and off Federal-aid highways’’ and insert- Highway System’’ and inserting ‘‘Interstate
including non-State owned roads on the
ing ‘‘bridges on the Interstate System’’; System’’;
Interstate System and roads on the Inter-
(7) in subsection (h)— (2) in subsection (c)—
state System on tribal land’’;
(A) in paragraph (1)(A), by striking ‘‘high- (A) in paragraph (3)(A)(ii), by striking sub-
(3) in subsection (c)(2)—
way bridges and tunnels’’ and inserting clauses (II) through (V) and inserting the fol-
(A) in subparagraph (A)(i), by striking ‘‘all
‘‘bridges and tunnels on the Interstate Sys- lowing:
public roads, including non-State-owned pub-
tem’’; ‘‘(II) the condition of bridges on the Inter-
lic roads and roads on tribal land in the
(B) in paragraph (2), by striking ‘‘highway’’ state System; and
State’’ and inserting ‘‘all roads on the Inter-
each place it appears and inserting ‘‘Inter- ‘‘(III) the performance of the Interstate
state System, including non-State owned
state System’’; and System;’’;
roads on the Interstate System and roads on
(C) in paragraph (3)(B)(i), by striking (B) by striking paragraph (5); and
the Interstate System on tribal land in the
‘‘highway bridges’’ and inserting ‘‘Interstate (C) by redesignating paragraph (6) as para-
State’’;
System bridges’’; graph (5);
(B) in subparagraph (B)(iii), by striking
(8) in subsection (i)(1), by striking ‘‘high- (3) in subsection (d)(1), by striking ‘‘(5),
‘‘all public roads’’ and inserting ‘‘all roads
way bridge’’ and inserting ‘‘Interstate Sys- and (6)’’ and inserting ‘‘and (5)’’; and
on the Interstate System’’;
tem bridge’’; and (4) in subsection (e), by striking ‘‘National
(C) in subparagraph (C)(i), by striking ‘‘all
(9) in subsection (j)— Highway System’’ each place it appears and
public roads’’ and inserting ‘‘all roads on the
(A) in paragraph (3)(B), by striking ‘‘a inserting ‘‘Interstate System’’.
Interstate System’’; and
transportation improvement program under SEC. 226. NATIONAL ELECTRIC VEHICLE CHARG-
(D) in subparagraph (D)—
section 134(j) or a statewide transportation ING AND HYDROGEN, PROPANE, AND
(i) in clause (ii), by striking ‘‘all public NATURAL GAS FUELING CORRIDORS.
improvement program under section 135, as roads, including public non-State-owned
applicable’’ and inserting ‘‘a statewide trans- Section 151(a) of title 23, United States
roads and roads on tribal land’’ and inserting
portation improvement program under sec- Code, is amended by striking ‘‘major na-
‘‘all roads on the Interstate System, includ-
tion 135’’; and tional highways’’ and inserting ‘‘the Inter-
ing non-State owned roads on the Interstate
(B) in paragraph (4)(A), by striking ‘‘sec- state System’’.
System and roads on the Interstate System
tions 134 and 135’’ and inserting ‘‘section SEC. 227. HAZARD ELIMINATION PROGRAM.
on tribal land’’;
135’’. (ii) in clause (iii), by striking ‘‘all public (a) IN GENERAL.—Section 152 of title 23,
SEC. 221. CARPOOL AND VANPOOL PROJECTS. roads’’ and inserting ‘‘all roads on the Inter- United States Code, is repealed.
(a) IN GENERAL.—Section 146 of title 23, state System’’; and (b) CLERICAL AMENDMENT.—The analysis
United States Code, is repealed. (iii) in clause (v), by striking ‘‘all public for chapter 1 of title 23, United States Code,
(b) CLERICAL AMENDMENT.—The analysis roads in the State’’ and inserting ‘‘all roads is amended by striking the item relating to
for chapter 1 of title 23, United States Code, on the Interstate System in the State’’; section 152.
is amended by striking the item relating to (4) in subsection (d)(1)(B)— SEC. 228. NATIONAL SCENIC BYWAYS PROGRAM.
section 146. (A) in clause (iv), by striking ‘‘rural roads, Section 162(a)(2) of title 23, United States
SEC. 222. CONSTRUCTION OF FERRY BOATS AND including all public roads,’’ and inserting Code, is amended by inserting ‘‘, subject to
FERRY TERMINAL FACILITIES. ‘‘roads on the Interstate System in rural the condition that the road is a road on the
(a) IN GENERAL.—Section 147 of title 23, areas’’; and Interstate System’’ before the period at the
United States Code, is repealed. (B) in clause (viii), by striking ‘‘all public end.
(b) CLERICAL AMENDMENT.—The analysis roads, including non-State-owned public SEC. 229. NATIONAL HIGHWAY FREIGHT PRO-
for chapter 1 of title 23, United States Code, roads and roads on tribal land’’ and inserting GRAM.
is amended by striking the item relating to ‘‘all roads on the Interstate System, includ- Section 167 of title 23, United States Code,
section 147. ing non-State owned roads on the Interstate is amended—
SEC. 223. HIGHWAY SAFETY IMPROVEMENT PRO- System and roads on the Interstate System (1) in subsection (d)(2)—
GRAM. on tribal land’’; (A) in subparagraph (A), by striking ‘‘sub-
Section 148 of title 23, United States Code, (5) in subsection (e)(1)— paragraph (E)’’ and inserting ‘‘subparagraphs
is amended— (A) in subparagraph (A), by striking ‘‘on (E) and (F)’’; and
(1) in subsection (a)— any public road or publicly owned bicycle or (B) by adding at the end the following:
(A) in paragraph (1), by striking ‘‘roadway pedestrian pathway or trail’’ and inserting ‘‘(F) REQUIREMENT.—In redesignating the
functionally classified as a rural major or ‘‘on any road on the Interstate System’’; and primary highway freight system under sub-
minor collector or a rural local road’’ and in- (B) in subparagraph (C), by striking ‘‘a paragraph (A), the Administrator shall en-
serting ‘‘road on the Interstate System’’; public road’’ and inserting ‘‘a road on the sure that all roads on the primary highway
(B) in paragraph (2), by striking ‘‘all public Interstate System’’; freight system are roads on the Interstate
roads’’ and inserting ‘‘all roads on the Inter- (6) in subsection (f)(1)(B), by striking ‘‘all System.’’;
state System’’; public roads’’ each place it appears and in- (2) in subsection (e)(1), in the matter pre-
(C) in paragraph (4)— serting ‘‘all roads on the Interstate System’’; ceding subparagraph (A)—
SSpencer on DSK126QN23PROD with SENATE
(i) in subparagraph (A), in the matter pre- (7) in subsection (h)(1)(C), by striking ‘‘all (A) by striking ‘‘a public road’’ and insert-
ceding clause (i), by striking ‘‘on a public public roads’’ each place it appears and in- ing ‘‘a road on the Interstate System’’; and
road’’ and inserting ‘‘on the Interstate Sys- serting ‘‘all roads on the Interstate System’’; (B) by striking ‘‘the public road’’ and in-
tem’’; and (8) in subsection (i)(2)(D), by striking serting ‘‘the road’’;
(ii) in subparagraph (B)— ‘‘safety safety’’ and inserting ‘‘safety’’; (3) in subsection (f), by striking ‘‘public
(I) in clause (iii), by striking ‘‘, if the rum- (9) in subsection (j), by striking ‘‘sections road’’ each place it appears and inserting
ble strips or other warning devices do not ad- 120 and 130’’ and inserting ‘‘section 120’’; and ‘‘road on the Interstate System’’;
versely affect the safety or mobility of (10) by striking subsection (k). (4) in subsection (i)—
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5655
(A) by striking ‘‘section 104(b)(5)’’ each (7) Section 6308 of title 49, United States and to section 251(b) of the Balanced Budget
place it appears and inserting ‘‘section Code, is amended by striking ‘‘(other than and Emergency Deficit Control Act of 1985.
104(b)(4)’’; the Mass Transit Account)’’. (b) TARGETED EIDL ADVANCE.—
(B) in paragraph (5)— (8) Section 31104(g) of title 49, United (1) Of the unobligated balances from
(i) by striking subparagraph (B); States Code, is amended by striking ‘‘(other amounts made available under the heading
(ii) by redesignating subparagraph (C) as than the Mass Transit Account)’’. ‘‘Small Business Administration—Targeted
subparagraph (B); and (9) Section 31110(d) of title 49, United EIDL Advance’’ in section 323(d)(1)(D) of di-
(iii) in subparagraph (C) (as so redesig- States Code, is amended by striking ‘‘(other vision N of the Consolidated Appropriations
nated)— than the Mass Transit Account)’’. Act, 2021 (Public Law 116–260), $17,578,000,000
(I) by striking clauses (vi), (xi), (xiv), (10) Section 31138(d)(5) of title 49, United are hereby transferred to the Highway Trust
(xviii), (xxii), and (xxiii); and States Code, is amended by striking ‘‘(other Fund.
(II) by redesignating clauses (vii) through than the Mass Transit Account)’’. (2) The unobligated balances from amounts
(x), (xii) and (xiii), (xv) through (xvii), and (11) Section 31139(g)(5) of title 49, United made available in section 5002(b) of the
(xix) through (xxi) as clauses (vi) through States Code, is amended by striking ‘‘(other American Rescue Plan Act of 2021 (Public
(xvii), respectively; than the Mass Transit Account)’’. Law 117–2) are hereby transferred to the
(C) in paragraph (6)— (c) NATIONAL HIGHWAY SYSTEM REPEAL.— Highway Trust Fund.
(i) in the matter preceding subparagraph Section 111(d)(1) of title 23, United States (c) ECONOMIC STABILIZATION PROGRAM.—Of
(A), by striking ‘‘for’’ and all that follows Code, is amended in the first sentence by the unobligated balances from amounts
through ‘‘the necessary costs’’ in subpara- striking ‘‘the National Highway System’’ made available in section 4027(a) of the
graph (B) in the matter preceding clause (i) and inserting ‘‘the Interstate System’’. Coronavirus Aid, Relief, and Economic Secu-
and inserting ‘‘for the necessary costs’’; and TITLE III—HIGHWAY TRUST FUND AND rity Act (15 U.S.C. 9601), $1,366,100,000 are
(ii) by redesignating clauses (i) through RELATED TAXES hereby transferred to the Highway Trust
(iii) as subparagraphs (A) through (C), re- Fund.
Subtitle A—Highway Trust Fund Authority (d) BUSINESS LOANS PROGRAM ACCOUNT.—
spectively, and indenting appropriately; and
(D) in paragraph (7), by striking ‘‘sections SEC. 301. EXTENSION OF HIGHWAY TRUST FUND (1) Of the unobligated balances from
EXPENDITURE AUTHORITY. amounts made available under the heading
134 and 135’’ and inserting ‘‘section 135’’;
(5) in subsection (k)(1)(A)(ii), by striking (a) HIGHWAY TRUST FUND.—Section 9503 of ‘‘Small Business Administration—Business
‘‘ports-of’’ and inserting ‘‘ports of’’; and the Internal Revenue Code of 1986 is amend- Loans Program Account, CARES Act’’ in
(6) by striking subsection (l). ed— section 1107(a)(1) of the Coronavirus Aid, Re-
SEC. 230. RECREATIONAL TRAILS PROGRAM.
(1) by striking ‘‘October 1, 2021’’ in sub- lief, and Economic Security Act (Public Law
sections (b)(6)(B), (c)(1), and (e)(3) and insert- 116–136), as amended by section 101(a)(2) of di-
(a) IN GENERAL.—Section 206 of title 23,
United States Code, is repealed. ing ‘‘October 1, 2026’’, and vision A of the Paycheck Protection Pro-
(b) CONFORMING AMENDMENTS.— (2) by striking ‘‘Continuing Appropriations gram and Health Care Enhancement Act
(1) Section 325 of title 23, United States Act, 2021 and Other Extensions Act’’ in sub- (Public Law 116–139), and in section
Code, is amended— sections (c)(1) and (e)(3) and inserting 323(d)(1)(A) of division N of the Consolidated
(A) by striking subsection (d); and ‘‘Transportation Empowerment Act’’. Appropriations Act, 2021 (Public Law 116–260)
(B) by redesignating subsection (e) as sub- (b) SPORT FISH RESTORATION AND BOATING for carrying out paragraphs (36) and (37) of
section (d). TRUST FUND.—Section 9504 of such Code is section 7(a) of the Small Business Act (15
(2) The analysis for chapter 2 of title 23, amended— U.S.C. 636(a)), $4,684,000,000 are hereby trans-
United States Code, is amended by striking (1) by striking ‘‘Continuing Appropriations ferred to the Highway Trust Fund.
the item relating to section 206. Act, 2021 and Other Extensions Act’’ each (2) Of the unobligated balances from
SEC. 231. BICYCLE TRANSPORTATION AND PE-
place it appears in subsection (b)(2) and in- amounts made available under the heading
DESTRIAN WALKWAYS. serting ‘‘Transportation Empowerment ‘‘Small Business Administration—Business
(a) IN GENERAL.—Section 217 of title 23, Act’’, and Loans Program Account’’ in section
United States Code, is repealed. (2) by striking ‘‘October 1, 2021’’ in sub- 323(d)(1)(F) of division N of the Consolidated
(b) CONFORMING AMENDMENTS.— section (d)(2) and inserting ‘‘October 1, 2026’’. Appropriations Act, 2021 (Public Law 116–
(1) Section 1524(a) of MAP–21 (23 U.S.C. 206 (c) LEAKING UNDERGROUND STORAGE TANK 260), $992,000,000 are hereby transferred to the
note; Public Law 112–141) is amended by TRUST FUND.—Section 9508(e)(2) of such Code Highway Trust Fund.
striking ‘‘sections 162, 206, 213, and 217’’ and is amended by striking ‘‘October 1, 2021’’ and (e) PANDEMIC RELIEF FOR AVIATION WORK-
inserting ‘‘section 162’’. inserting ‘‘October 1, 2026’’. ERS, CORONAVIRUS AID, RELIEF, AND ECONOMIC
(2) The analysis for chapter 2 of title 23, SEC. 302. TERMINATION OF MASS TRANSIT AC- SECURITY ACT (CARES ACT).—Of the unobli-
United States Code, is amended by striking COUNT. gated balances from amounts made available
the item relating to section 217. Section 9503(e) of the Internal Revenue in section 4120 of the Coronavirus Aid, Relief,
SEC. 232. ALASKA HIGHWAY. Code of 1986 is amended— and Economic Security Act (15 U.S.C. 9080),
(a) IN GENERAL.—Section 218 of title 23, (1) in the first sentence of paragraph (2), by $3,000,000,000 are hereby transferred to the
United States Code, is repealed. inserting ‘‘, and before October 1, 2021’’ after Highway Trust Fund.
(b) CLERICAL AMENDMENT.—The analysis ‘‘March 31, 1983’’, and (f) EDUCATION STABILIZATION FUND.—
for chapter 2 of title 23, United States Code, (2) by adding at the end the following: (1) TRANSFER.—Of the unobligated balances
is amended by striking the item relating to ‘‘(6) TRANSFER TO HIGHWAY ACCOUNT.—On from amounts made available under the
section 218. the date on which Director of the Office of heading ‘‘Education Stabilization Fund’’ in
SEC. 233. CONFORMING AMENDMENTS. Management and Budget submits the certifi- title VIII of division B of the Coronavirus
(a) CONTROL OF OUTDOOR ADVERTISING.— cation under section 105(c) of the Transpor- Aid, Relief, and Economic Security Act
Section 131(t) of title 23, United States Code, tation Empowerment Act, the Secretary (Public Law 116–136) and in title III of divi-
is amended by striking ‘‘, and any highway shall transfer all amounts in the Mass Tran- sion M of the Consolidated Appropriations
which is not on such system but which is on sit Account to the Highway Account.’’. Act, 2021 (Public Law 116–260) that were re-
the National Highway System’’. SEC. 303. TRANSFER OF UNUSED COVID–19 AP- served for the Higher Education Emergency
(b) ELIMINATION OF MASS TRANSIT AC- PROPRIATIONS TO THE HIGHWAY Relief Fund by sections 18004(a)(1) and
COUNT.— TRUST FUND. 18004(a)(2) of division B of the Coronavirus
(1) Section 102(b) of title 23, United States (a) ECONOMIC INJURY DISASTER LOAN SUB- Aid, Relief, and Economic Security Act
Code, is amended in the first sentence by SIDY.— (Public Law 116–136) and sections 314(a)(1),
striking ‘‘(other than the Mass Transit Ac- (1) TRANSFER.—Of the unobligated balances 314(a)(2), and 314(a)(4) of division M of the
count)’’. from amounts made available under the Consolidated Appropriations Act, 2021 (Pub-
(2) Section 118(a) of title 23, United States heading ‘‘Small Business Administration— lic Law 116–260), $353,400,000 are hereby trans-
Code, is amended by striking ‘‘(other than Disaster Loans Program Account’’ in title II ferred to the Highway Trust Fund.
the Mass Transit Account)’’. of division B of the Paycheck Protection (2) DESIGNATION.—The amount transferred
(3) Section 156(a) of title 23, United States Program and Health Care Enhancement Act pursuant to paragraph (1) that was pre-
Code, is amended by striking ‘‘(other than (Public Law 116–139), $13,500,000,000 are here- viously designated by the Congress as an
the Mass Transit Account)’’. by transferred to the Highway Trust Fund. emergency requirement pursuant to section
(4) Section 321 of title 23, United States (2) DESIGNATION.—The amount transferred 251(b)(2)(A)(i) of the Balanced Budget and
Code, is amended by striking ‘‘(other than pursuant to paragraph (1) that was pre- Emergency Deficit Control Act of 1985 is des-
SSpencer on DSK126QN23PROD with SENATE
the Mass Transit Account)’’. viously designated by the Congress as an ignated by the Congress as an emergency re-
(5) Section 323(b)(1) of title 23, United emergency requirement pursuant to section quirement pursuant to section 4112(a) of H.
States Code, is amended in the matter pre- 251(b)(2)(A)(i) of the Balanced Budget and Con. Res. 71 (115th Congress), the concurrent
ceding subparagraph (A) by striking ‘‘(other Emergency Deficit Control Act of 1985 is des- resolution on the budget for fiscal year 2018,
than the Mass Transit Account)’’. ignated by the Congress as an emergency re- and to section 251(b) of the Balanced Budget
(6) Section 521(b)(10) of title 49, United quirement pursuant to section 4112(a) of H. and Emergency Deficit Control Act of 1985.
States Code, is amended by striking ‘‘(other Con. Res. 71 (115th Congress), the concurrent (g) SMALL BUSINESS ADMINISTRATION, SALA-
than the Mass Transit Account)’’. resolution on the budget for fiscal year 2018, RIES AND EXPENSES.—
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S5656 CONGRESSIONAL RECORD — SENATE August 2, 2021
(1) RESCISSION.—Of the unobligated bal- tions 602(a) and 603(a) of the Social Security (b) ADDITIONAL CONFORMING AMEND-
ances from amounts made available under Act (42 U.S.C. 802(a), 803(a)) as of the date of MENTS.—
the heading ‘‘Small Business Administra- enactment of this Act, $70,000,000,000 are (1) Section 4041(a)(1)(C)(iii)(I) of the Inter-
tion—Salaries and Expenses’’ in section hereby transferred to the Highway Trust nal Revenue Code of 1986 is amended by
1107(a)(2) of the Coronavirus Aid, Relief, and Fund. striking ‘‘7.3 cents per gallon (4.3 cents per
Economic Security Act (Public Law 116–136), (2) APPORTIONMENT.—In carrying out para- gallon after’’ and inserting ‘‘1.5 cents per
in title II of division B of the Paycheck Pro- graph (1), the Secretary of the Treasury shall gallon (zero cents per gallon after’’.
tection Program and Health Care Enhance- transfer the funds specified in such para- (2) Section 4041(a)(2)(B)(ii) of such Code is
ment Act (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
(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’’,
Con. Res. 71 (115th Congress), the concurrent ‘‘(A) shall be adjusted by the Secretary on (B) in subparagraph (A)(ii), by striking
resolution on the budget for fiscal year 2018, a pro rata basis to the extent necessary to ‘‘11.3 cents’’ and inserting ‘‘3.9 cents’’, and
and to section 251(b) of the Balanced Budget carry out the transfer of funds required (C) in subparagraph (B), by striking all
and Emergency Deficit Control Act of 1985. under section 305(a) of the Transportation after ‘‘2022’’ and inserting ‘‘, zero cents per
(h) PANDEMIC RELIEF FOR AVIATION WORK- Empowerment Act; and gallon.’’.
ERS.—Of the unobligated balances from ‘‘(B) may be adjusted by the Secretary on (6) Section 4081(d)(1) of such Code is amend-
amounts made available in section 411 of a pro rata basis to the extent necessary to ed by striking ‘‘4.3 cents per gallon’’ and in-
subtitle A of title IV of division N of the ensure that all available funds are allocated
serting ‘‘zero cents per gallon’’.
Consolidated Appropriations Act, 2021 (15 to States, territories, and Tribal govern-
ments in accordance with the requirements (c) FLOOR STOCK REFUNDS.—
U.S.C. 9101), $200,000,000 are hereby trans- (1) IN GENERAL.—If—
ferred to the Highway Trust Fund. specified in each such paragraph (as applica-
ble).’’. (A) before the applicable date, tax has been
(i) CONFORMING AMENDMENT.—Section imposed under section 4081 of the Internal
9503(f) of the Internal Revenue Code of 1986 is (2) CORONAVIRUS LOCAL FISCAL RECOVERY
FUND.—Section 603(b)(5) of the Social Secu-
Revenue Code of 1986 on any liquid, and
amended by redesignating paragraph (11) as (B) on such date such liquid is held by a
paragraph (12) and by inserting after para- rity Act (42 U.S.C. 803(b)(5) is amended to
read as follows: dealer and has not been used and is intended
graph (10) the following new paragraph: for sale;
‘‘(11) TRANSFER OF UNUSED COVID–19 APPRO- ‘‘(5) ADJUSTMENT AUTHORITY.—The
amounts otherwise determined for allocation there shall be credited or refunded (without
PRIATIONS.—There is hereby transferred to interest) to the person who paid such tax (in
the Highway Trust Fund the amounts de- and payment under paragraphs (1), (2), and
(3)— this subsection referred to as the ‘‘tax-
scribed in subsections (a) through (h) of sec- payer’’) an amount equal to the excess of the
tion 303 of the Transportation Empowerment ‘‘(A) shall be adjusted by the Secretary on
a pro rata basis to the extent necessary to tax paid by the taxpayer over the amount of
Act.’’. such tax which would be imposed on such liq-
SEC. 304. TERMINATION OF EMPLOYEE RETEN- carry out the transfer of funds required
under section 305(a) of the Transportation uid had the taxable event occurred on such
TION CREDIT FOR EMPLOYERS SUB- date.
JECT TO CLOSURE DUE TO COVID– Empowerment Act; and
19. ‘‘(B) may be adjusted by the Secretary on (2) TIME FOR FILING CLAIMS.—No credit or
a pro rata basis to the extent necessary to refund shall be allowed or made under this
(a) TERMINATION OF CREDIT.—
ensure that all available funds are distrib- subsection unless—
(1) IN GENERAL.—Section 3134 of the Inter-
uted to metropolitan cities, counties, and (A) claim therefor is filed with the Sec-
nal Revenue Code of 1986 is amended—
States in accordance with the requirements retary of the Treasury before the date that is
(A) in subsection (c)(5)—
specified in each paragraph (as applicable) 6 months after the applicable date, and
(i) in subparagraph (A), by adding ‘‘and’’ at
and the certification requirement specified (B) in any case where liquid is held by a
the end,
in subsection (d).’’. dealer (other than the taxpayer) on the ap-
(ii) in subparagraph (B), by striking ‘‘,
(c) CONFORMING AMENDMENT.—Section plicable date—
and’’ at the end and inserting a period, and
9503(f) of the Internal Revenue Code of 1986, (i) the dealer submits a request for refund
(iii) by striking subparagraph (C), and
as amended by section 304(b), is further or credit to the taxpayer before the date that
(B) in subsection (n), by striking ‘‘January
amended by redesignating paragraph (13) as is 3 months after the applicable date, and
1, 2022’’ and inserting ‘‘October 1, 2021 (or, in
paragraph (14) and by inserting after para- (ii) the taxpayer has repaid or agreed to
the case of wages paid by an eligible em-
graph (12) the following new paragraph: repay the amount so claimed to such dealer
ployer which is a recovery startup business,
‘‘(13) TRANSFER OF UNUSED COVID–19 APPRO- or has obtained the written consent of such
January 1, 2022)’’.
PRIATIONS.—There is hereby transferred to dealer to the allowance of the credit or the
(2) EFFECTIVE DATE.—The amendments
the Highway Trust Fund the amounts de- making of the refund.
made by this subsection shall apply to cal-
scribed in section 305(a) of the Transpor- (3) EXCEPTION FOR FUEL HELD IN RETAIL
endar quarters beginning after September 30,
tation Empowerment Act.’’. STOCKS.—No credit or refund shall be allowed
2021.
(b) TRANSFERS OF SAVINGS TO THE HIGHWAY Subtitle B—Highway Related Taxes under this subsection with respect to any
TRUST FUND.—Section 9503(f) of the Internal liquid in retail stocks held at the place
SEC. 311. REDUCTION IN TAXES ON GASOLINE,
Revenue Code of 1986, as amended by section DIESEL FUEL, KEROSENE, AND SPE- where intended to be sold at retail.
303(i), is further amended by redesignating CIAL FUELS FUNDING HIGHWAY (4) DEFINITIONS.—For purposes of this sub-
paragraph (12) as paragraph (13) and by in- TRUST FUND. section—
serting after paragraph (11) the following (a) REDUCTION IN TAX RATE.— (A) APPLICABLE DATE.—The term ‘‘applica-
new paragraph: (1) IN GENERAL.—Section 4081(a)(2)(A) of ble date’’ means the first day of the first cal-
‘‘(12) SAVINGS FROM TERMINATION OF EM- the Internal Revenue Code of 1986 is amend- endar quarter beginning after the date of the
PLOYEE RETENTION CREDIT FOR EMPLOYERS ed— enactment of this Act.
SUBJECT TO CLOSURE DUE TO COVID–19.—There (A) in clause (i), by striking ‘‘18.3 cents’’ (B) OTHER TERMS.—The terms ‘‘dealer’’ and
are hereby appropriated to the Highway and inserting ‘‘7 cents’’, and ‘‘held by a dealer’’ have the respective mean-
Trust Fund amounts equivalent to savings (B) in clause (iii), by striking ‘‘24.3 cents’’ ings given to such terms by section 6412 of
achieved as a result of the amendments made and inserting ‘‘8.3 cents’’. such Code; except that the term ‘‘dealer’’ in-
by section 304 of the Transportation Em- (2) CONFORMING AMENDMENTS.— cludes a producer.
(A) Section 4081(a)(2)(D) of such Code is (5) CERTAIN RULES TO APPLY.—Rules similar
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powerment Act, as estimated by the Sec-
retary.’’. amended— to the rules of subsections (b) and (c) of sec-
SEC. 305. TRANSFER OF UNUSED CORONAVIRUS (i) by striking ‘‘19.7 cents’’ and inserting tion 6412 and sections 6206 and 6675 of such
STATE AND LOCAL FISCAL RECOV- ‘‘6.7 cents’’, and Code shall apply for purposes of this sub-
ERY FUNDS TO THE HIGHWAY TRUST (ii) by striking ‘‘24.3 cents’’ and inserting section.
FUND. ‘‘8.3 cents’’. (d) EFFECTIVE DATES.—
(a) TRANSFER OF FUNDS.— (B) Section 6427(b)(2)(A) of such Code is (1) IN GENERAL.—Except as provided in
(1) IN GENERAL.—Of the unobligated bal- amended by striking ‘‘7.4 cents’’ and insert- paragraphs (2), the amendments made by
ances of the amounts appropriated under sec- ing ‘‘2.5 cents’’. this section shall apply to fuel removed on or
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5657
after the first day of the first calendar quar- TITLE IV—MISCELLANEOUS ‘‘(VI) INITIAL NEPA COMPLIANCE DATE.—The
ter beginning after the date of the enact- SEC. 401. NATIONAL ENVIRONMENTAL POLICY term ‘initial NEPA compliance date’, with
ment of this Act. ACT MODIFICATIONS. respect to a proposed action, means the date
(2) CERTAIN CONFORMING AMENDMENTS.—The (a) NATIONAL ENVIRONMENTAL POLICY ACT by which the head of a Federal agency is re-
amendments made by paragraphs (1), (2), (3), MODIFICATIONS.— quired to issue or publish a document de-
(4), and (5) of subsection (b) shall apply to (1) APPLICABLE TIMELINES.—Title I of the scribed in subparagraph (B) for that proposed
fuel sold or used after the first day of the National Environmental Policy Act of 1969 is action under that subparagraph.
first calendar quarter beginning after the amended— ‘‘(VII) INITIAL NONCOMPLIANCE DETERMINA-
date of the enactment of this Act. (A) by redesignating section 105 (42 U.S.C. TION.—The term ‘initial noncompliance de-
SEC. 312.EXTENSION OF HIGHWAY-RELATED 4335) as section 108; and termination’ means a determination under
TAXES. (B) by inserting after section 104 (42 U.S.C. clause (ii)(I)(bb) that the head of a Federal
(a) IN GENERAL.— 4334) the following: agency has not complied with the require-
(1) Each of the following provisions of the ‘‘SEC. 105. PROCESS REQUIREMENTS. ments of subparagraph (A), (B), or (C).
Internal Revenue Code of 1986 is amended by
‘‘(a) DEFINITIONS.—In this section: ‘‘(ii) INITIAL NONCOMPLIANCE.—
striking ‘‘September 30, 2022’’ and inserting
‘‘(1) FEDERAL AGENCY.—The term ‘Federal ‘‘(I) DETERMINATION.—
‘‘September 30, 2027’’:
agency’ includes a State that has assumed ‘‘(aa) NOTIFICATION.—As soon as prac-
(A) Section 4041(a)(1)(C)(iii)(I).
the responsibility of a Federal agency ticable after the date described in section
(B) Section 4041(m)(1)(B).
(C) Section 4081(d)(1). under— 109(3)(B)(i) for a proposed action of a Federal
(2) Each of the following provisions of such ‘‘(A) section 107; or agency, the head of the Federal agency shall
Code is amended by striking ‘‘October 1, ‘‘(B) section 327 of title 23, United States notify the Director that the head of the Fed-
2022’’ and inserting ‘‘October 1, 2027’’: Code. eral agency is beginning the NEPA process
(A) Section 4041(m)(1)(A). ‘‘(2) HEAD OF A FEDERAL AGENCY.—The term for that proposed action.
(B) Section 4051(c). ‘head of a Federal agency’ includes the gov- ‘‘(bb) DETERMINATIONS OF COMPLIANCE.—
(C) Section 4071(d). ernor or head of an applicable State agency ‘‘(AA) INITIAL DETERMINATION.—As soon as
(D) Section 4081(d)(3). of a State that has assumed the responsi- practicable after the initial NEPA compli-
(b) EXTENSION OF TAX, ETC., ON USE OF CER- bility of a Federal agency under— ance date for a proposed action, the Director
TAIN HEAVY VEHICLES.—Each of the following ‘‘(A) section 107; or shall determine whether, as of the initial
provisions of the Internal Revenue Code of ‘‘(B) section 327 of title 23, United States NEPA compliance date, the head of the Fed-
1986 is amended by striking ‘‘2023’’ each place Code. eral agency has complied with subparagraph
it appears and inserting ‘‘2028’’: ‘‘(b) APPLICABLE TIMELINES.— (B) for that proposed action.
(1) Section 4481(f). ‘‘(1) NEPA PROCESS.— ‘‘(BB) ENVIRONMENTAL IMPACT STATE-
(2) Subsections (c)(4) and (d) of section 4482. ‘‘(A) IN GENERAL.—The head of a Federal MENT.—With respect to a proposed action of
(c) FLOOR STOCKS REFUNDS.—Section agency shall complete the NEPA process for a Federal agency in which the head of the
6412(a)(1) of the Internal Revenue Code of a proposed action of the Federal agency, as Federal agency publishes a notice of intent
1986 is amended— described in section 109(3)(B)(ii), not later described in subparagraph (B)(ii), as soon as
(1) by striking ‘‘October 1, 2022’’ each place than 2 years after the date described in sec- practicable after the initial EIS compliance
it appears and inserting ‘‘October 1, 2027’’, tion 109(3)(B)(i). date for a proposed action, the Director shall
(2) by striking ‘‘March 31, 2023’’ each place ‘‘(B) ENVIRONMENTAL DOCUMENTS.—Within determine whether, as of the initial EIS
it appears and inserting ‘‘March 31, 2027’’, the period described in subparagraph (A), not compliance date, the head of the Federal
and later than 1 year after the date described in agency has complied with subparagraph (C)
(3) by striking ‘‘January 1, 2023’’ and in- section 109(3)(B)(i), the head of the Federal for that proposed action.
serting ‘‘January 1, 2028’’. agency shall, with respect to the proposed
(d) EXTENSION OF CERTAIN EXEMPTIONS.— ‘‘(CC) COMPLETION OF NEPA PROCESS.—As
action—
(1) Section 4221(a) of the Internal Revenue soon as practicable after the final NEPA
‘‘(i) issue—
Code of 1986 is amended by striking ‘‘October compliance date for a proposed action, the
‘‘(I) a finding that a categorical exclusion
1, 2022’’ and inserting ‘‘October 1, 2027’’. Director shall determine whether, as of the
applies to the proposed action; or
(2) Section 4483(i) of such Code is amended final NEPA compliance date, the head of the
‘‘(II) a finding of no significant impact; or
by striking ‘‘October 1, 2023’’ and inserting Federal agency has complied with subpara-
‘‘(ii) publish a notice of intent to prepare
‘‘October 1, 2028’’. graph (A) for that proposed action.
an environmental impact statement in the
(e) EXTENSION OF TRANSFERS OF CERTAIN ‘‘(II) IDENTIFICATION; PENALTY; NOTIFICA-
Federal Register.
TAXES.— TION.—If the Director makes an initial non-
‘‘(C) ENVIRONMENTAL IMPACT STATEMENT.—
(1) IN GENERAL.—Section 9503 of the Inter- compliance determination for a proposed ac-
If the head of a Federal agency publishes a
nal Revenue Code of 1986 is amended— notice of intent described in subparagraph tion—
(A) in subsection (b)— (B)(ii), within the period described in sub- ‘‘(aa) the Director shall identify the ac-
(i) by striking ‘‘October 1, 2022’’ each place paragraph (A) and not later than 1 year after count for the salaries and expenses of the of-
it appears in paragraphs (1) and (2) and in- fice of the head of the Federal agency, or an
the date on which the head of the Federal
serting ‘‘October 1, 2027’’, equivalent account;
agency publishes the notice of intent, the
(ii) by striking ‘‘OCTOBER 1, 2022’’ in the ‘‘(bb) beginning on the day after the date
head of the Federal agency shall complete
heading of paragraph (2) and inserting ‘‘OC- on which the Director makes the initial non-
the environmental impact statement and, if
TOBER 1, 2027’’, compliance determination, the amount that
necessary, any supplemental environmental
(iii) by striking ‘‘September 30, 2022’’ in the head of the Federal agency may obligate
impact statement for the proposed action.
paragraph (2) and inserting ‘‘September 30, from the account identified under item (aa)
‘‘(D) PENALTIES.—
2027’’, and for the fiscal year during which the deter-
‘‘(i) DEFINITIONS.—In this subparagraph:
(iv) by striking ‘‘July 1, 2023’’ in paragraph mination is made shall be reduced by 0.5 per-
‘‘(I) DIRECTOR.—The term ‘Director’ means
(2) and inserting ‘‘July 1, 2027’’, and cent from the amount initially made avail-
the Director of the Office of Management
(B) in subsection (c)(2), by striking ‘‘July 1, able for the account for that fiscal year; and
2023’’ and inserting ‘‘July 1, 2028’’. and Budget.
‘‘(II) FEDERAL AGENCY.—The term ‘Federal ‘‘(cc) the Director shall notify the head of
(2) SMALL-ENGINE FUEL TAX TRANSFERS.— the Federal agency of—
Paragraph (4)(A) of section 9503(c) of such agency’ does not include a State.
‘‘(III) FINAL NEPA COMPLIANCE DATE.—The ‘‘(AA) the initial noncompliance deter-
Code is amended by striking ‘‘October 1, mination;
2022’’ and inserting ‘‘October 1, 2027’’. term ‘final NEPA compliance date’, with re-
spect to a proposed action, means the date ‘‘(BB) the account identified under item
(f) TERMINATION OF MOTORBOAT FUEL TAX
by which the head of a Federal agency is re- (aa); and
TRANSFERS.—
(1) IN GENERAL.—Paragraph (3)(A)(i) of sec- quired to complete the NEPA process under ‘‘(CC) the reduction under item (bb).
tion 9503(c) of such Code is amended by strik- subparagraph (A). ‘‘(iii) CONTINUED NONCOMPLIANCE.—
ing ‘‘October 1, 2022’’ and inserting ‘‘October ‘‘(IV) HEAD OF A FEDERAL AGENCY.—The ‘‘(I) DETERMINATION.—Every 90 days after
1, 2021’’. term ‘head of a Federal agency’ does not in- the date of an initial noncompliance deter-
(2) CONFORMING AMENDMENTS TO LAND AND clude the governor or head of a State agency mination, the Director shall determine
WATER CONSERVATION FUND.—Section 200310 of a State. whether the head of the Federal agency has
‘‘(V) INITIAL EIS COMPLIANCE DATE.—The complied with the applicable requirements of
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of title 54, United States Code, is amended—
(A) by striking ‘‘October 1, 2023’’ each place term ‘initial EIS compliance date’, with re- subparagraphs (A) through (C) for the pro-
it appears and inserting ‘‘October 1, 2022’’; spect to a proposed action for which a Fed- posed action, until the date on which the Di-
and eral agency published a notice of intent de- rector determines that the head of the Fed-
(B) by striking ‘‘October 1, 2022’’ and in- scribed in subparagraph (B)(ii), means the eral agency has completed the NEPA process
serting ‘‘October 1, 2021’’. date by which an environmental impact for the proposed action.
(g) EFFECTIVE DATE.—The amendments statement for that proposed action is re- ‘‘(II) PENALTY; NOTIFICATION.—For each de-
made by this section shall take effect on Oc- quired to be completed under subparagraph termination made by the Director under sub-
tober 1, 2021. (C). clause (I) that the head of a Federal agency
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S5658 CONGRESSIONAL RECORD — SENATE August 2, 2021
has not complied with a requirement of sub- graph (A) not later than 90 days after date on avoided, apply a categorical exclusion to the
paragraph (A), (B), or (C) for a proposed ac- which the project sponsor submitted the no- proposed action.
tion— tification; and ‘‘(f) REUSE OF WORK; DOCUMENTS PREPARED
‘‘(aa) the amount that the head of the Fed- ‘‘(II) shall not carry out the NEPA process BY QUALIFIED 3RD PARTIES.—
eral agency may obligate from the account with respect to the proposed action again.’’. ‘‘(1) IN GENERAL.—In carrying out the
identified under clause (ii)(II)(aa) for the fis- (2) AGENCY PROCESS REFORMS.—Section 105 NEPA process for a proposed action—
cal year during which the most recent deter- of the National Environmental Policy Act of ‘‘(A) subject to paragraph (2), the head of a
mination under subclause (I) is made shall be 1969 (42 U.S.C. 4321 et seq.) (as added by para- Federal agency shall—
reduced by 0.5 percent from the amount ini- graph (1)(B)) is amended by adding at the end ‘‘(i) use any applicable findings and re-
tially made available for the account for the following: search from a prior NEPA process of any
that fiscal year; and ‘‘(c) PROHIBITIONS.—In carrying out the Federal agency; and
‘‘(bb) the Director shall notify the head of NEPA process, the head of a Federal agency ‘‘(ii) incorporate the findings and research
the Federal agency of— may not— described in clause (i) into any applicable
‘‘(AA) the determination under subclause ‘‘(1) consider whether a proposed action or analysis under the NEPA process; and
(I); and an alternative to the proposed action consid- ‘‘(B) a Federal agency may adopt as an en-
‘‘(BB) the reduction under item (aa). ered by the head of the Federal agency, in- vironmental impact statement, environ-
‘‘(iv) REQUIREMENTS.— cluding the design, environmental impact, mental assessment, or other environmental
‘‘(I) AMOUNTS NOT RESTORED.—A reduction mitigation measures, or adaptation meas- document to achieve compliance with this
in the amount that the head of a Federal ures of the proposed action or alternative to title—
agency may obligate under clause (ii)(II)(bb) the proposed action, has an effect on climate ‘‘(i) an environmental document prepared
or (iii)(II)(aa) during a fiscal year shall not change; under the law of the applicable State if the
be restored for that fiscal year, without re- ‘‘(2) with respect to a proposed action or an head of the Federal agency determines that
gard to whether the head of a Federal agency alternative to the proposed action considered the environmental laws of the applicable
completes the NEPA process for the proposed by the head of the Federal agency, consider State—
action with respect to which the Director the effects of the emission of greenhouse ‘‘(I) provide the same level of environ-
made an initial noncompliance determina- gases on climate change; mental analysis as the analysis required
tion or a determination under clause (iii)(I). ‘‘(3) consider an alternative to the pro- under this title; and
‘‘(II) REQUIRED TIMELINES.—The violation posed action if the proposed action is not ‘‘(II) allow for the opportunity of public
of subparagraph (B) or (C), and any action technically or economically feasible to the comment; or
carried out to remediate or otherwise ad- project sponsor; or ‘‘(ii) subject to paragraph (3), an environ-
dress the violation, shall not affect any ‘‘(4) consider an alternative to the pro- mental document prepared by a qualified
other applicable compliance date under sub- posed action that is not within the jurisdic- third party chosen by the project sponsor, at
paragraph (A), (B), or (C). tion of the Federal agency. the expense of the project sponsor, if the
‘‘(E) UNEXPECTED CIRCUMSTANCES.—If, ‘‘(d) ENVIRONMENTAL DOCUMENTS.— head of the Federal agency—
while carrying out a proposed action after ‘‘(1) EIS REQUIRED.—In carrying out the ‘‘(I) provides oversight of the preparation
the completion of the NEPA process for that NEPA process for a proposed action that re- of the environmental document by the third
proposed action, a Federal agency or project quires the preparation of an environmental party; and
sponsor encounters a new or unexpected cir- impact statement, the head of a Federal ‘‘(II) independently evaluates the environ-
cumstance or condition that may require the agency shall produce for the proposed action mental document for the compliance of the
reevaluation of the proposed action under not more than 1— environmental document with this title.
this title, the head of the Federal agency ‘‘(A) environmental impact statement; ‘‘(2) REQUIREMENT FOR THE REUSE OF FIND-
with responsibility for carrying out the ‘‘(B) if necessary, environmental assess- INGS AND RESEARCH.—The head of a Federal
NEPA process for the proposed action shall— ment; and agency may reuse the applicable findings
‘‘(i) consider whether mitigating the new ‘‘(C) record of decision. and research described in paragraph (1)(A)
or unexpected circumstance or condition is ‘‘(2) EIS NOT REQUIRED.—In carrying out if—
sufficient to avoid significant effects that the NEPA process for a proposed action that ‘‘(A)(i) the project for which the head of
may result from the circumstance or condi- does not require the preparation of an envi- the Federal agency is seeking to reuse the
tion; and ronmental impact statement, the head of a findings and research was in close geographic
‘‘(ii) if the head of the Federal agency de- Federal agency shall produce for the pro- proximity to the proposed action; and
termines under clause (i) that the significant posed action not more than 1— ‘‘(ii) the head of the Federal agency deter-
effects that result from the circumstance or ‘‘(A) environmental assessment; or mines that the conditions under which the
condition can be avoided, mitigate the cir- ‘‘(B) finding of no significant impact. applicable findings and research were issued
cumstance or condition without carrying out ‘‘(e) CATEGORICAL EXCLUSIONS.— have not substantially changed; or
the NEPA process again. ‘‘(1) IN GENERAL.—Notwithstanding any ‘‘(B)(i) the project for which the head of
‘‘(2) AUTHORIZATIONS AND PERMITS.— other provision of law and subject to para- the Federal agency is seeking to reuse the
‘‘(A) IN GENERAL.—Not later than 90 days graph (2), the head of a Federal agency may, findings and research was not in close geo-
after the date described in section without further approval, use a categorical graphic proximity to the proposed action;
109(3)(B)(ii), the head of a Federal agency exclusion under this title that has been ap- and
shall issue— proved by— ‘‘(ii) the head of the Federal agency deter-
‘‘(i) any necessary permit or authorization ‘‘(A)(i) another Federal agency; and mines that the proposed action has similar
to carry out the proposed action; or ‘‘(ii) the Council on Environmental Qual- issues or decisions as the project.
‘‘(ii) a denial of the permit or authoriza- ity; or ‘‘(3) REQUIREMENTS FOR CREATION OF ENVI-
tion necessary to carry out the proposed ac- ‘‘(B) an Act of Congress. RONMENTAL DOCUMENT BY QUALIFIED 3RD PAR-
tion. ‘‘(2) REQUIREMENTS.—The head of a Federal TIES.—
‘‘(B) EFFECT OF FAILURE TO ISSUE AUTHOR- agency may use a categorical exclusion de- ‘‘(A) IN GENERAL.—A qualified third party
IZATION OR PERMIT.—If a permit or authoriza- scribed in paragraph (1) if the head of the may prepare an environmental document in-
tion described in subparagraph (A) is not Federal agency— tended to be adopted by a Federal agency as
issued or denied within the period described ‘‘(A) carefully reviews the description of the environmental impact statement, envi-
in that subparagraph, the permit or author- the proposed action to ensure that it fits ronmental assessment, or other environ-
ization shall be considered to be approved. within the category of actions described in mental document for a proposed action
‘‘(C) DENIAL OF PERMIT OR AUTHORIZATION.— the categorical exclusion; and under paragraph (1)(B)(ii) if—
‘‘(i) IN GENERAL.—If a permit or authoriza- ‘‘(B) considers the circumstances associ- ‘‘(i) the project sponsor submits a written
tion described in subparagraph (A) is denied, ated with the proposed action to ensure that request to the head of the applicable Federal
the head of the Federal agency shall describe there are no extraordinary circumstances agency that the head of the Federal agency
to the project sponsor— that warrant the preparation of an environ- approve the qualified third party to create
‘‘(I) the basis of the denial; and mental assessment or an environmental im- the document intended to be adopted by a
‘‘(II) recommendations for the project pact statement. Federal agency as the environmental impact
sponsor with respect to how to address the ‘‘(3) EXTRAORDINARY CIRCUMSTANCES.—If statement, environmental assessment, or
reasons for the denial. the head of a Federal agency determines that other environmental document; and
‘‘(ii) RECOMMENDED CHANGES.—If the extraordinary circumstances are present ‘‘(ii) the head of the Federal agency deter-
SSpencer on DSK126QN23PROD with SENATE
project sponsor carries out the recommenda- with respect to a proposed action, the head mines that—
tions of the head of the Federal agency under of the Federal agency shall— ‘‘(I) the third party is qualified to prepare
clause (i)(II) and notifies the head of the ‘‘(A) consider whether mitigating cir- the document; and
Federal agency that the recommendations cumstances or other conditions are sufficient ‘‘(II) the third party has no financial or
have been carried out, the head of the Fed- to avoid significant effects of the proposed other interest in the outcome of the pro-
eral agency— action; and posed action.
‘‘(I) shall decide whether to issue the per- ‘‘(B) if the head of the Federal agency de- ‘‘(B) DEADLINE.—The head of a Federal
mit or authorization described in subpara- termines that those significant effects can be agency that receives a written request under
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5659
subparagraph (A)(i) shall issue a written de- be within the range of alternatives consid- seeking judicial review of a portion of the
cision approving or denying the request not ered under paragraph (3)(B)(iii). NEPA process if the plaintiff pleads facts
later than 30 days after the date on which ‘‘(B) OMISSION.—If a cooperating agency that allege that the plaintiff has personally
the written request is received. submits to the lead agency an evaluation of suffered, or will likely personally suffer, a
‘‘(C) NO PRIOR WORK.—The head of a Fed- an alternative that does not meet the re- direct, tangible harm as a result of the por-
eral agency may not adopt an environmental quirements of subsection (c), the lead agency tion of the NEPA process for which the
document under paragraph (1)(B)(ii) if the shall omit the alternative from the environ- plaintiff is seeking review.
qualified third party began preparing the mental impact statement. ‘‘(2) STATUTE OF LIMITATIONS.—
document prior to the date on which the ‘‘(h) REPORTS.— ‘‘(A) IN GENERAL.—Notwithstanding any
head of the Federal agency issues the writ- ‘‘(1) NEPA DATA.— other provision of law and except as provided
ten decision under subparagraph (B) approv- ‘‘(A) IN GENERAL.—The head of each Fed- in subparagraph (B)(ii), a claim arising under
ing the request. eral agency that carries out the NEPA proc- Federal law seeking judicial review of any
‘‘(D) DENIALS.—If the head of a Federal ess shall carry out a process to track, and portion of the NEPA process shall be barred
agency issues a written decision denying the annually submit to Congress a report con- unless it is filed not later than the earlier
request under subparagraph (A)(i), the head taining, the information described in sub- of—
of the Federal agency shall submit to the paragraph (B). ‘‘(i) 150 days after the final agency action
project sponsor with the written decision the ‘‘(B) INFORMATION DESCRIBED.—The infor- under the NEPA process has been taken; and
findings that served as the basis of the de- mation referred to in subparagraph (A) is, ‘‘(ii) if applicable, an earlier date after
nial. with respect to the Federal agency issuing which judicial review is barred that is speci-
the report under that subparagraph— fied in the Federal law pursuant to which the
‘‘(g) MULTI-AGENCY PROJECTS.— ‘‘(i) the number of proposed actions for judicial review is allowed.
‘‘(1) DEFINITIONS.—In this subsection: which a categorical exclusion was issued dur- ‘‘(B) NEW INFORMATION.—
‘‘(A) COOPERATING AGENCY.—The term ‘co- ing the reporting period; ‘‘(i) CONSIDERATION.—A Federal agency
operating agency’ means a Federal agency ‘‘(ii) the length of time the Federal agency shall consider for the purpose of a supple-
involved in a proposed action that— took to issue the categorical exclusions de- mental environmental impact statement
‘‘(i) is not the lead agency; and scribed in clause (i); new information received after the close of a
‘‘(ii) has the jurisdiction or special exper- ‘‘(iii) the number of proposed actions pend- comment period if the information satisfies
tise such that the Federal agency needs to be ing on the date on which the report is sub- the requirements for a supplemental envi-
consulted— mitted for which the issuance of a categor- ronmental impact statement under the regu-
‘‘(I) to use a categorical exclusion; or ical exclusion is pending; lations of the Federal agency.
‘‘(II) to prepare an environmental assess- ‘‘(iv) the number of proposed actions for ‘‘(ii) STATUTE OF LIMITATIONS BASED ON NEW
ment or environmental impact statement, as which an environmental assessment was INFORMATION.—If a supplemental environ-
applicable. issued during the reporting period; mental impact statement is required under
‘‘(B) LEAD AGENCY.—The term ‘lead agency’ ‘‘(v) the length of time the Federal agency the regulations of a Federal agency, a claim
means the Federal agency selected under took to complete each environmental assess- for judicial review of the supplemental envi-
paragraph (2)(A). ment described in clause (iv); ronmental impact statement shall be barred
‘‘(2) AGENCY DESIGNATION.— ‘‘(vi) the number of proposed actions pend- unless it is filed not later than the earlier
‘‘(A) LEAD AGENCY.—In carrying out the ing on the date on which the report is sub- of—
NEPA process for a proposed action that re- mitted for which an environmental assess- ‘‘(I) 150 days after the publication of a no-
quires authorization from multiple Federal ment is being drafted; tice in the Federal Register that the supple-
agencies, the heads of the applicable Federal ‘‘(vii) the number of proposed actions for mental environmental impact statement is
agencies shall determine the lead agency for which an environmental impact statement final; and
the proposed action. was issued during the reporting period; ‘‘(II) if applicable, an earlier date after
‘‘(B) INVITATION.—The head of the lead ‘‘(viii) the length of time the Federal agen- which judicial review is barred that is speci-
agency may invite any relevant State, local, cy took to complete each environmental im- fied in the Federal law pursuant to which the
or Tribal agency with Federal authorization pact statement described in clause (vii); and judicial review is allowed.
decision responsibility to be a cooperating ‘‘(ix) the number of proposed actions pend- ‘‘(C) SAVINGS CLAUSE.—Nothing in this
agency. ing on the date on which the report is sub- paragraph creates a right to judicial review.
‘‘(3) RESPONSIBILITIES OF LEAD AGENCY.— mitted for which an environmental impact ‘‘(3) REMEDIES.—
The lead agency for a proposed action shall— statement is being drafted. ‘‘(A) PRELIMINARY INJUNCTIONS AND TEM-
‘‘(A) as soon as practicable and in con- ‘‘(2) NEPA COSTS.— PORARY RESTRAINING ORDERS.—
sultation with the cooperating agencies, de- ‘‘(A) IN GENERAL.—Not later than 1 year ‘‘(i) IN GENERAL.—Subject to clause (ii), in
termine whether a proposed action requires after the date of enactment of this sub- a motion for a temporary restraining order
the preparation of an environmental impact section, the Chair of the Council on Environ- or preliminary injunction against a Federal
statement; and mental Quality and the Director of the Office agency or project sponsor in a claim arising
‘‘(B) if the head of the lead agency deter- of Management and Budget shall jointly de- under Federal law seeking judicial review of
mines under subparagraph (A) that an envi- velop a methodology to assess the com- any portion of the NEPA process, the plain-
ronmental impact statement is necessary— prehensive costs of the NEPA process. tiff shall establish by clear and convincing
‘‘(i) be responsible for coordinating the ‘‘(B) REQUIREMENTS.—The head of each evidence that—
preparation of an environmental impact Federal agency that carries out the NEPA ‘‘(I) the plaintiff is likely to succeed on the
statement; process shall— merits;
‘‘(ii) provide cooperating agencies with an ‘‘(i) adopt the methodology developed ‘‘(II) the plaintiff is likely to suffer irrep-
opportunity to review and contribute to the under subparagraph (A); and arable harm in the absence of the temporary
preparation of the environmental impact ‘‘(ii) use the methodology developed under restraining order or preliminary injunction,
statement and environmental assessment, as subparagraph (A) to annually submit to Con- as applicable;
applicable, of the proposed action, except gress a report describing— ‘‘(III) the balance of equities is tipped in
that the cooperating agency shall limit com- ‘‘(I) the comprehensive cost of the NEPA the favor of the plaintiff; and
ments to issues within the special expertise process for each proposed action that was ‘‘(IV) the temporary restraining order or
or jurisdiction of the cooperating agency; carried out within the reporting period; and preliminary injunction is in the public inter-
and ‘‘(II) for a proposed action for which the est.
‘‘(iii) subject to subsection (c), as soon as head of the Federal agency is still com- ‘‘(ii) ADDITIONAL REQUIREMENTS.—A court
practicable and in consultation with the co- pleting the NEPA process at the time the re- may not grant a motion described in clause
operating agencies, determine the range of port is submitted— (i) unless the court—
alternatives to be considered for the pro- ‘‘(aa) the amount of money expended to ‘‘(I) makes a finding of extraordinary cir-
posed action. date to carry out the NEPA process for the cumstances that warrant the granting of the
‘‘(4) ENVIRONMENTAL DOCUMENTS.—In car- proposed action; and motion;
rying out the NEPA process for a proposed ‘‘(bb) an estimate of the remaining costs ‘‘(II) considers the potential effects on pub-
action, the lead agency shall prepare not before the NEPA process for the proposed ac- lic health, safety, and the environment, and
more than 1 of each type of document de- tion is complete.’’. the potential for significant negative effects
scribed in paragraph (1) or (2) of subsection (3) LEGAL REFORMS.—Section 105 of the Na- on jobs resulting from granting the motion;
SSpencer on DSK126QN23PROD with SENATE
(d), as applicable— tional Environmental Policy Act of 1969 (42 and
‘‘(A) in consultation with cooperating U.S.C. 4321 et seq.) (as amended by paragraph ‘‘(III) notwithstanding any other provision
agencies; and (2)) is amended by adding at the end the fol- of law, applies the requirements of Rule 65(c)
‘‘(B) for all applicable Federal agencies. lowing: of the Federal Rules of Civil Procedure.
‘‘(5) PROHIBITIONS.— ‘‘(i) JUDICIAL REVIEW.— ‘‘(B) PERMANENT INJUNCTIONS.—
‘‘(A) IN GENERAL.—A cooperating agency ‘‘(1) STANDING.—Notwithstanding any ‘‘(i) IN GENERAL.—Subject to clause (ii), in
may not evaluate an alternative to the pro- other provision of law, a plaintiff may only a motion for a permanent injunction against
posed action that has not been determined to bring a claim arising under Federal law a Federal agency or project sponsor a claim
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S5660 CONGRESSIONAL RECORD — SENATE August 2, 2021
arising under Federal law seeking judicial ‘‘(C) ADDITIONAL RESPONSIBILITY.—If a ‘‘(B) METHOD OF NOTICE AND SOLICITATION.—
review of any portion of the NEPA process, State assumes responsibility under subpara- The State shall provide notice and solicit
the plaintiff shall establish by clear and con- graph (A)— public comment under this paragraph by
vincing evidence that— ‘‘(i) the head of the Federal agency may as- publishing the complete application of the
‘‘(I) the plaintiff has suffered an irrep- sign to the State, and the State may assume, State in accordance with the appropriate
arable injury; all or part of the responsibilities of the head public notice law of the State.
‘‘(II) remedies available at law, including of the Federal agency for environmental re- ‘‘(4) SELECTION CRITERIA.—The head of a
monetary damages, are inadequate to com- view, consultation, or other action required Federal agency may approve the application
pensate for the injury; under any Federal environmental law per- of a State under this section only if—
‘‘(III) considering the balance of hardship taining to the review or approval of a spe- ‘‘(A) the regulatory requirements under
between the plaintiff and defendant, a rem- cific project; paragraph (2) have been met;
edy in equity is warranted; ‘‘(ii) at the request of the State, the head ‘‘(B) the head of the Federal agency deter-
‘‘(IV) the public interest is not disserved of the Federal agency may also assign to the mines that the State has the capability, in-
by a permanent injunction; and State, and the State may assume, the re- cluding financial and personnel, to assume
‘‘(V) if the error or omission of a Federal sponsibilities of the head of the Federal the responsibility; and
agency in a statement required under this agency under this title with respect to 1 or ‘‘(C) the head of the State agency having
title is the grounds for which the plaintiff is more projects within the State that are primary jurisdiction over the project enters
seeking judicial review, the error or omis- under the jurisdiction of the Federal agency; into a written agreement with the head of
sion is likely to result in specific, irrep- but the Federal agency as described in sub-
arable damage to the environment. ‘‘(iii) the head of the Federal agency may section (d).
‘‘(ii) ADDITIONAL SHOWING.—A court may not assign responsibility for any conformity ‘‘(5) OTHER FEDERAL AGENCY VIEWS.—If a
not grant a motion described in clause (i) un- determination required under section 176 of State applies to assume a responsibility of
less— the Clean Air Act (42 U.S.C. 7506). the Federal agency that would have required
‘‘(I) the court makes a finding that ex- ‘‘(D) PROCEDURAL AND SUBSTANTIVE RE- the head of the Federal agency to consult
traordinary circumstances exist that war- QUIREMENTS.—A State shall assume responsi- with the head of another Federal agency, the
rant the granting of the motion; and bility under this section subject to the same head of the Federal agency shall solicit the
‘‘(II) the permanent injunction is— procedural and substantive requirements as views of the head of the other Federal agen-
‘‘(aa) as narrowly tailored as possible to would apply if that responsibility were car- cy before approving the application.
correct the injury; and ried out by the Federal agency. ‘‘(d) WRITTEN AGREEMENT.—A written
agreement under subsection (b)(2)(A) shall—
‘‘(bb) the least intrusive means necessary ‘‘(E) FEDERAL RESPONSIBILITY.—Any re-
‘‘(1) be executed by the Governor or the
to correct the injury.’’. sponsibility of a Federal agency not explic-
top-ranking official in the State who is
(4) OTHER REFORMS.—Title I of the Na- itly assumed by the State by written agree-
charged with responsibility for the project;
tional Environmental Policy Act of 1969 (42 ment under subparagraph (A) shall remain
‘‘(2) be in such form as the head of the Fed-
U.S.C. 4321 et seq.) is amended by inserting the responsibility of the Federal agency.
eral agency may prescribe;
after section 105 (as amended by paragraph ‘‘(F) NO EFFECT ON AUTHORITY.—Nothing in
‘‘(3) provide that the State—
(3)) the following: this section preempts or interferes with any
‘‘(A) agrees to assume all or part of the re-
‘‘SEC. 106. EPA REVIEW. power, jurisdiction, responsibility, or au-
sponsibilities of the Federal agency de-
thority of an agency, other than the Federal
‘‘(a) DEFINITION OF FEDERAL AGENCY.—In scribed in subparagraphs (A) and (C) of sub-
agency for which the written agreement ap-
this section, the term ‘Federal agency’ in- section (b)(2);
plies, under applicable law (including regula-
cludes a State that has assumed the respon- ‘‘(B) expressly consents, on behalf of the
tions) with respect to a project.
sibility of a Federal agency under— State, to accept the jurisdiction of the Fed-
‘‘(G) PRESERVATION OF FLEXIBILITY.—The
‘‘(1) section 107; or eral courts for the compliance, discharge,
head of the Federal agency may not require
‘‘(2) section 327 of title 23, United States and enforcement of any responsibility of the
a State, as a condition of participation in
Code. Federal agency assumed by the State;
the agency program of the Federal agency,
‘‘(b) EPA COMMENTS.—The Administrator ‘‘(C) certifies that State laws (including
to forego project delivery methods that are
of the Environmental Protection Agency (re- regulations) are in effect that—
otherwise permissible for projects under ap-
ferred to in this section as the ‘Adminis- ‘‘(i) authorize the State to take the actions
plicable law.
trator’) may comment on a draft or final necessary to carry out the responsibilities
‘‘(H) LEGAL FEES.—A State assuming the
submission of an environmental impact being assumed; and
responsibilities of a Federal agency under
statement from any Federal agency. ‘‘(ii) are comparable to section 552 of title
this section for a specific project may use
‘‘(c) TECHNICAL ASSISTANCE.—The Adminis- 5, including providing that any decision re-
funds awarded to the State for that project
trator may, on request of a Federal agency garding the public availability of a docu-
for attorneys’ fees directly attributable to
preparing a draft or final environmental im- ment under those State laws is reviewable by
eligible activities associated with the
pact statement, provide technical assistance a court of competent jurisdiction; and
project.
in the completion of that environmental im- ‘‘(D) agrees to maintain the financial re-
‘‘(c) STATE PARTICIPATION.— sources necessary to carry out the respon-
pact statement.
‘‘(1) PARTICIPATING STATES.—Except as pro- sibilities being assumed;
‘‘SEC. 107. PROJECT DELIVERY PROGRAMS. vided in subsection (b)(2)(B), all States are ‘‘(4) require the State to provide to the
‘‘(a) DEFINITION OF AGENCY PROGRAM.—In eligible to participate in an agency program. head of the Federal agency any information
this section, the term ‘agency program’ ‘‘(2) APPLICATION.—Not later than 270 days the head of the Federal agency reasonably
means a project delivery program estab- after the date of enactment of this section, considers necessary to ensure that the State
lished by a Federal agency under subsection the head of each Federal agency shall amend, is adequately carrying out the responsibil-
(b)(1). as appropriate, regulations that establish re- ities assigned to the State;
‘‘(b) ESTABLISHMENT.— quirements relating to information required ‘‘(5) have a term of not more than 5 years;
‘‘(1) IN GENERAL.—The head of each Federal to be contained in any application of a State and
agency, including the Secretary of Transpor- to participate in the agency program, includ- ‘‘(6) be renewable.
tation, shall carry out a project delivery pro- ing, at a minimum— ‘‘(e) JURISDICTION.—
gram. ‘‘(A) the projects or classes of projects for ‘‘(1) IN GENERAL.—The United States dis-
‘‘(2) ASSUMPTION OF RESPONSIBILITY.— which the State anticipates exercising the trict courts shall have exclusive jurisdiction
‘‘(A) IN GENERAL.—Subject to subparagraph authority that may be granted under the over any civil action against a State for fail-
(B), the head of each Federal agency shall, agency program; ure to carry out any responsibility of the
on request of a State, enter into a written ‘‘(B) verification of the financial resources State under this section.
agreement with the State, which may be in necessary to carry out the authority that ‘‘(2) LEGAL STANDARDS AND REQUIRE-
the form of a memorandum of under- may be granted under the agency program; MENTS.—A civil action under paragraph (1)
standing, in which the head of each Federal and shall be governed by the legal standards and
agency may assign, and the State may as- ‘‘(C) evidence of the notice and solicitation requirements that would apply in such a
sume, the responsibilities of the head of the of public comment by the State relating to civil action against the head of a Federal
Federal agency under this title with respect participation of the State in the agency pro- agency had the head of the Federal agency
to 1 or more projects within the State that gram, including copies of comments received
SSpencer on DSK126QN23PROD with SENATE
taken the actions in question.
are under the jurisdiction of the Federal from that solicitation. ‘‘(3) INTERVENTION.—The head of a Federal
agency. ‘‘(3) PUBLIC NOTICE.— agency shall have the right to intervene in
‘‘(B) EXCEPTION.—The head of a Federal ‘‘(A) IN GENERAL.—Each State that submits any action described in paragraph (1).
agency shall not enter into a written agree- an application under this subsection shall ‘‘(f) EFFECT OF ASSUMPTION OF RESPONSI-
ment under subparagraph (A) if the head of give notice of the intent of the State to par- BILITY.—A State that assumes responsibility
the Federal agency determines that the ticipate in an agency program not later than under subsection (b)(2) shall be solely re-
State is not in compliance with the require- 30 days before the date of submission of the sponsible and solely liable for carrying out,
ments described in subsection (c)(4). application. in lieu of and without further approval of the
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5661
head of the Federal agency, the responsibil- ‘‘(2) TERMINATION BY THE STATE.—A State tity, including a private or public-private en-
ities assumed under subsection (b)(2), until may terminate the participation of the State tity, that seeks approval of a proposed ac-
the agency program is terminated under sub- in an agency program at any time by pro- tion.’’.
section (k). viding to the head of the applicable Federal (7) CONFORMING AMENDMENTS.—
‘‘(g) LIMITATIONS ON AGREEMENTS.—Noth- agency a notice by not later than the date (A) POLICY REVIEW.—Section 309 of the
ing in this section permits a State to assume that is 90 days before the date of termi- Clean Air Act (42 U.S.C. 7609) is repealed.
any rulemaking authority of the head of a nation, and subject to such terms and condi- (B) SURFACE TRANSPORTATION PROJECT DE-
Federal agency under any Federal law. tions as the head of the Federal agency may LIVERY PROGRAM.—Section 327 of title 23,
‘‘(h) AUDITS.— provide. United States Code, is amended—
‘‘(1) IN GENERAL.—To ensure compliance by ‘‘(l) CAPACITY BUILDING.—The head of a (i) in subsection (a)(1), by striking ‘‘The
a State with any agreement of the State Federal agency, in cooperation with rep- Secretary’’ and inserting ‘‘Subject to sub-
under subsection (d) (including compliance resentatives of State officials, may carry out section (m), the Secretary’’; and
by the State with all Federal laws for which education, training, peer-exchange, and (ii) by adding at the end the following:
responsibility is assumed under subsection other initiatives as appropriate— ‘‘(m) SUNSET.—
(b)(2)), for each State participating in an ‘‘(1) to assist States in developing the ca- ‘‘(1) IN GENERAL.—Except as provided under
agency program, the head of a Federal agen- pacity to participate in the agency program paragraph (2), the authority provided by this
cy shall— of the Federal agency; and section terminates on the date of enactment
‘‘(A) not later than 180 days after the date ‘‘(2) to promote information sharing and of this subsection.
of execution of the agreement, meet with the collaboration among States that are partici- ‘‘(2) EXISTING AGREEMENTS.—Subject to the
State to review implementation of the agree- pating in the agency program of the Federal requirements of this section, the Secretary
agency. may continue to enforce any agreement en-
ment and discuss plans for the first annual
‘‘(m) RELATIONSHIP TO LOCALLY ADMINIS- tered into under this section before the date
audit;
TERED PROJECTS.—A State granted authority
of enactment of this subsection.’’.
‘‘(B) conduct annual audits during each of
(b) ATTORNEY FEES IN ENVIRONMENTAL LITI-
the first 4 years of State participation; and under an agency program may, as appro-
GATION.—
‘‘(C) ensure that the time period for com- priate and at the request of a local govern-
(1) ADMINISTRATIVE PROCEDURE.—Section
pleting an annual audit, from initiation to ment—
504(b)(1) of title 5, United States Code, is
completion (including public comment and ‘‘(1) exercise that authority on behalf of
amended—
responses to those comments), does not ex- the local government for a locally adminis-
(A) in subparagraph (E), by striking ‘‘and’’
ceed 180 days. tered project; or
at the end;
‘‘(2) PUBLIC AVAILABILITY AND COMMENT.— ‘‘(2) provide guidance and training on con-
(B) in subparagraph (F), by striking the pe-
‘‘(A) IN GENERAL.—An audit conducted solidating and minimizing the documenta-
riod at the end and inserting ‘‘; and’’; and
under paragraph (1) shall be provided to the tion and environmental analyses necessary
(C) by adding at the end the following:
public for comment. for sponsors of a locally administered project
‘‘(G) ‘special factor’ does not include
‘‘(B) RESPONSE.—Not later than 60 days to comply with this title and any com-
knowledge, expertise, or skill in environ-
after the date on which the period for public parable requirements under State law.’’.
mental litigation.’’.
comment ends, the head of the Federal agen- (5) PROHIBITION ON GUIDANCE.—No Federal
(2) UNITED STATES AS PARTY.—Section
cy shall respond to public comments re- agency, including the Council on Environ-
2412(d)(2) of title 28, United States Code, is
ceived under subparagraph (A). mental Quality, may reissue the final guid-
amended—
‘‘(3) AUDIT TEAM.— ance of the Council on Environmental Qual-
(A) in subparagraph (H), by striking ‘‘and’’
‘‘(A) IN GENERAL.—An audit conducted ity entitled ‘‘Final Guidance for Federal De-
at the end;
under paragraph (1) shall be carried out by partments and Agencies on Consideration of
(B) in subparagraph (I), by striking the pe-
an audit team determined by the head of the Greenhouse Gas Emissions and the Effects of
riod at the end and inserting ‘‘; and’’; and
Federal agency, in consultation with the Climate Change in National Environmental
(C) by adding at the end the following:
State, in accordance with subparagraph (B). Policy Act Reviews’’ (81 Fed. Reg. 51866 (Au-
‘‘(J) ‘special factor’ does not include
‘‘(B) CONSULTATION.—Consultation with gust 5, 2016)) or substantially similar guid-
knowledge, expertise, or skill in environ-
the State under subparagraph (A) shall in- ance unless authorized by an Act of Con-
mental litigation.’’.
clude a reasonable opportunity for the State gress.
SEC. 402. REPEAL OF DAVIS-BACON WAGE RE-
to review and provide comments on the pro- (6) DEFINITIONS.—Title I of the National QUIREMENTS.
posed members of the audit team. Environmental Policy Act of 1969 (42 U.S.C. (a) IN GENERAL.—Subchapter IV of chapter
‘‘(i) MONITORING.—After the fourth year of 4331 et seq.) (as amended by paragraph (1)(A)) 31 of title 40, United States Code, is repealed.
the participation of a State in an agency is amended by adding at the end the fol- (b) REFERENCES.—Any reference in any law
program, the head of the Federal agency lowing: to a requirement under subchapter IV of
shall monitor compliance by the State with ‘‘SEC. 109. DEFINITIONS. chapter 31 of title 40, United States Code,
the written agreement, including the provi- ‘‘In this title: shall be null and void.
sion by the State of financial resources to ‘‘(1) ENVIRONMENTAL ASSESSMENT.—The (c) EFFECTIVE DATE AND LIMITATION.—This
carry out the written agreement. term ‘environmental assessment’ has the section, and the amendment made by this
‘‘(j) REPORT TO CONGRESS.—The head of meaning given the term in section 1508.9 of section, shall take effect 30 days after the
each Federal agency shall submit to Con- title 40, Code of Federal Regulations (or a date of enactment of this Act but shall not
gress an annual report that describes the ad- successor regulation). affect any contract that is—
ministration of the agency program. ‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.— (1) in existence on the date that is 30 days
‘‘(k) TERMINATION.— The term ‘environmental impact statement’ after such date of enactment; or
‘‘(1) TERMINATION BY FEDERAL AGENCY.— means a detailed statement required under (2) made pursuant to an invitation for bids
The head of a Federal agency may terminate section 102(2)(C). outstanding on the date that is 30 days after
the participation of any State in the agency ‘‘(3) NEPA PROCESS.— such date of enactment.
---
program of the Federal agency if— ‘‘(A) IN GENERAL.—The term ‘NEPA proc-
‘‘(A) the head of the Federal agency deter- ess’ means the entirety of every process, SA 2256. Mr. LEE (for himself, Mr.
mines that the State is not adequately car- analysis, or other measure, including an en- JOHNSON, Ms. ERNST, Mr. CORNYN, Mr.
rying out the responsibilities assigned to the vironmental impact statement, required to CRUZ, Mr. INHOFE, and Mr. PAUL) sub-
State; be carried out by a Federal agency under mitted an amendment intended to be
‘‘(B) the head of the Federal agency pro- this title before the agency undertakes a proposed to amendment SA 2137 pro-
vides to the State— proposed action. posed by Mr. SCHUMER (for Ms. SINEMA
‘‘(i) a notification of the determination of ‘‘(B) PERIOD.—For purposes of subpara- (for herself, Mr. PORTMAN, Mr.
noncompliance; graph (A), the NEPA process— MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
‘‘(ii) a period of not less than 120 days to ‘‘(i) begins on the date on which the head Ms. COLLINS, Mr. TESTER, Ms. MUR-
take such corrective action as the head of of a Federal agency receives an application
KOWSKI, Mr. WARNER, and Mr. ROMNEY))
the Federal agency determines to be nec- for a proposed action from a project sponsor;
essary to comply with the applicable agree- and to the bill H.R. 3684, to authorize funds
ment; and ‘‘(ii) ends on the date on which the Federal for Federal-aid highways, highway
‘‘(iii) on request of the Governor of the agency issues, with respect to the proposed safety programs, and transit programs,
SSpencer on DSK126QN23PROD with SENATE
State, a detailed description of each respon- action— and for other purposes; which was or-
sibility in need of corrective action regard- ‘‘(I) a record of decision, including, if nec- dered to lie on the table; as follows:
ing an inadequacy identified under subpara- essary, a revised record of decision; At the appropriate place, insert the fol-
graph (A); and ‘‘(II) a finding of no significant impact; or lowing:
‘‘(C) the State, after the notification and ‘‘(III) a categorical exclusion under this SEC. ll. REPEAL OF DAVIS-BACON WAGE RE-
period provided under subparagraph (B), fails title. QUIREMENTS.
to take satisfactory corrective action, as de- ‘‘(4) PROJECT SPONSOR.—The term ‘project (a) IN GENERAL.—Subchapter IV of chapter
termined by the head of the Federal agency. sponsor’ means a Federal agency or other en- 31 of title 40, United States Code, is repealed.
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