II 

117TH CONGRESS 

1ST SESSION S. 2803 

To authorize funds for Federal-aid highways, highway safety programs, and 

transit programs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 22 (legislative day, SEPTEMBER 21), 2021 

Mr. LEE (for himself, Mr. CRUZ, and Ms. LUMMIS) introduced the following 

bill; which was read twice and referred to the Committee on Finance 

A BILL 

To authorize funds for Federal-aid highways, highway safety 

programs, and transit programs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Transportation Empowerment Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings and purposes. 

TITLE I—HIGHWAY FUNDING 

Sec. 101. Authorization of appropriations. 

Sec. 102. Federalization and defederalization of projects. 


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Sec. 103. Reporting requirements. 

Sec. 104. Funding limitation. 

Sec. 105. Reports; certification. 

TITLE II—FEDERAL-AID HIGHWAY PROGRAM REFORMS 

Sec. 201. Definitions. 

Sec. 202. Federal-aid system. 

Sec. 203. Apportionment. 

Sec. 204. Additional deposits in Highway Trust Fund. 

Sec. 205. Project approval and oversight. 

Sec. 206. Standards. 

Sec. 207. Nationally significant freight and highway projects. 

Sec. 208. National highway performance program. 

Sec. 209. Federal share payable. 

Sec. 210. Emergency relief. 

Sec. 211. Transferability of Federal-aid highway funds. 

Sec. 212. Toll roads, bridges, tunnels, and ferries. 

Sec. 213. Railway-highway crossings. 

Sec. 214. Surface transportation block grant program. 

Sec. 215. Metropolitan transportation planning. 

Sec. 216. Control of junkyards. 

Sec. 217. Enforcement of requirements. 

Sec. 218. Public transportation. 

Sec. 219. Highway use tax evasion projects. 

Sec. 220. National bridge and tunnel inventory and inspection standards. 

Sec. 221. Carpool and vanpool projects. 

Sec. 222. Construction of ferry boats and ferry terminal facilities. 

Sec. 223. Highway safety improvement program. 

Sec. 224. Repeal of congestion mitigation and air quality improvement program. 

Sec. 225. National goals and performance measures. 

Sec. 226. National electric vehicle charging and hydrogen, propane, and natural 

gas fueling corridors. 

Sec. 227. Hazard elimination program. 

Sec. 228. National scenic byways program. 

Sec. 229. National highway freight program. 

Sec. 230. Recreational trails program. 

Sec. 231. Bicycle transportation and pedestrian walkways. 

Sec. 232. Alaska highway. 

Sec. 233. Conforming amendments. 

TITLE III—HIGHWAY TRUST FUND AND RELATED TAXES 

Subtitle A—Highway Trust Fund Authority 

Sec. 301. Extension of Highway Trust Fund expenditure authority. 

Sec. 302. Termination of Mass Transit Account. 

Sec. 303. Transfer of unused COVID–19 appropriations to the Highway Trust 

Fund. 

Sec. 304. Termination of employee retention credit for employers subject to closure due to COVID–19. 

Sec. 305. Transfer of unused Coronavirus State and Local Fiscal Recovery 

Funds to the Highway Trust Fund. 

Subtitle B—Highway Related Taxes 


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Sec. 311. Reduction in taxes on gasoline, diesel fuel, kerosene, and special fuels 

funding Highway Trust Fund. 

Sec. 312. Extension of highway-related taxes. 

1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) the objective of the Federal highway pro4 gram has been to facilitate the construction of a 

5 modern freeway system that promotes efficient inter6 state commerce by connecting all States; 

7 (2) the objective described in paragraph (1) has 

8 been attained, and the Interstate System connecting 

9 all States is near completion; 

10 (3) each State has the responsibility of pro11 viding an efficient transportation network for the 

12 residents of the State; 

13 (4) each State has the means to build and oper14 ate a network of transportation systems, including 

15 highways, that best serves the needs of the State; 

16 (5) each State is best capable of determining 

17 the needs of the State and acting on those needs; 

18 (6) the Federal role in highway transportation 

19 has, over time, usurped the role of the States by tax20 ing motor fuels used in the States and then distrib21 uting the proceeds to the States based on the per22 ceptions of the Federal Government on what is best 

23 for the States; 


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1 (7) the Federal Government has used the Fed2 eral motor fuels tax revenues to force all States to 

3 take actions that are not necessarily appropriate for 

4 individual States; 

5 (8) the Federal distribution, review, and en6 forcement process wastes billions of dollars on un7 productive activities; 

8 (9) Federal mandates that apply uniformly to 

9 all 50 States, regardless of the different cir10 cumstances of the States, cause the States to waste 

11 billions of hard-earned tax dollars on projects, pro12 grams, and activities that the States would not oth13 erwise undertake; and 

14 (10) Congress has expressed a strong interest 

15 in reducing the role of the Federal Government by 

16 allowing each State to manage its own affairs. 

17 (b) PURPOSES.—The purposes of this Act are— 

18 (1) to provide a new policy blueprint to govern 

19 the Federal role in transportation once existing and 

20 prior financial obligations are met; 

21 (2) to return to the individual States maximum 

22 discretionary authority and fiscal responsibility for 

23 all elements of the national surface transportation 

24 systems that are not within the direct purview of the 

25 Federal Government; 


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1 (3) to preserve Federal responsibility for the 

2 Dwight D. Eisenhower National System of Inter3 state and Defense Highways; 

4 (4) to preserve the responsibility of the Depart5 ment of Transportation for— 

6 (A) design, construction, and preservation 

7 of transportation facilities on Federal public 

8 land; 

9 (B) national programs of transportation 

10 research and development and transportation 

11 safety; and 

12 (C) emergency assistance to the States in 

13 response to natural disasters; 

14 (5) to eliminate to the maximum extent prac15 ticable Federal obstacles to the ability of each State 

16 to apply innovative solutions to the financing, de17 sign, construction, operation, and preservation of 

18 Federal and State transportation facilities; and 

19 (6) with respect to transportation activities car20 ried out by States, local governments, and the pri21 vate sector, to encourage— 

22 (A) competition among States, local gov23 ernments, and the private sector; and 

24 (B) innovation, energy efficiency, private 

25 sector participation, and productivity. 


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1 TITLE I—HIGHWAY FUNDING 

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

3 (a) IN GENERAL.— 

4 (1) AUTHORIZATION OF APPROPRIATIONS.— 

5 The following sums are authorized to be appro6 priated out of the Highway Trust Fund: 

7 (A) FEDERAL-AID HIGHWAY PROGRAM.— 

8 For the national highway performance program 

9 under section 119 of title 23, United States 

10 Code, the surface transportation block grant 

11 program under section 133 of that title, the 

12 highway safety improvement program under 

13 section 148 of that title, and the national high14 way freight program under section 167 of that 

15 title $18,450,000,000 for each of fiscal years 

16 2022 through 2026. 

17 (B) EMERGENCY RELIEF.—For emergency 

18 relief under section 125 of title 23, United 

19 States Code, $100,000,000 for each of fiscal 

20 years 2022 through 2026. 

21 (C) FEDERAL LANDS PROGRAMS.— 

22 (i) FEDERAL LANDS TRANSPOR23 TATION PROGRAM.—For the Federal lands 

24 transportation program under section 203 

25 of title 23, United States Code, 


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1 $300,000,000 for each of fiscal years 2022 

2 through 2026, of which— 

3 (I) $240,000,000 of the amount 

4 made available for each fiscal year 

5 shall be the amount for the National 

6 Park Service; and 

7 (II) $30,000,000 of the amount 

8 made available for each fiscal year 

9 shall be the amount for the United 

10 States Fish and Wildlife Service. 

11 (ii) FEDERAL LANDS ACCESS PRO12 GRAM.—For the Federal lands access pro13 gram under section 204 of title 23, United 

14 States Code, $250,000,000 for each of fis15 cal years 2022 through 2026. 

16 (b) FUNDING FOR HIGHWAY RESEARCH AND DEVEL17 OPMENT PROGRAM.— 

18 (1) AUTHORIZATION OF APPROPRIATIONS.— 

19 There is authorized to be appropriated out of the 

20 Highway Trust Fund to carry out section 503(b) of 

21 title 23, United States Code, $115,000,000 for each 

22 of fiscal years 2022 through 2026. 

23 (2) APPLICABILITY OF TITLE 23, UNITED

24 STATES CODE.—Funds authorized to be appro25 priated by paragraph (1) shall— 


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1 (A) be available for obligation in the same 

2 manner as if those funds were apportioned 

3 under chapter 1 of title 23, United States Code, 

4 except that the Federal share of the cost of a 

5 project or activity carried out using those funds 

6 shall be 80 percent, unless otherwise expressly 

7 provided by this Act (including the amendments 

8 by this Act); and 

9 (B) remain available until expended and 

10 not be transferable. 

11 SEC. 102. FEDERALIZATION AND DEFEDERALIZATION OF 

12 PROJECTS. 

13 Notwithstanding any other provision of law, begin14 ning on October 1, 2021— 

15 (1) a highway construction or improvement 

16 project shall not be considered to be a Federal high17 way construction or improvement project unless and 

18 until a State expends Federal funds for the con19 struction portion of the project; 

20 (2) a highway construction or improvement 

21 project shall not be considered to be a Federal high22 way construction or improvement project solely by 

23 reason of the expenditure of Federal funds by a 

24 State before the construction phase of the project to 

25 pay expenses relating to the project, including for 


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1 any environmental document or design work re2 quired for the project; and 

3 (3)(A) a State may, after having used Federal 

4 funds to pay all or a portion of the costs of a high5 way construction or improvement project, reimburse 

6 the Federal Government in an amount equal to the 

7 amount of Federal funds so expended; and 

8 (B) after completion of a reimbursement de9 scribed in subparagraph (A), a highway construction 

10 or improvement project described in that subpara11 graph shall no longer be considered to be a Federal 

12 highway construction or improvement project. 

13 SEC. 103. REPORTING REQUIREMENTS. 

14 No reporting requirement, other than a reporting re15 quirement in effect as of the date of enactment of this 

16 Act, shall apply on or after October 1, 2021, to the use 

17 of Federal funds for highway projects by a public-private 

18 partnership. 

19 SEC. 104. FUNDING LIMITATION. 

20 Notwithstanding any other provision of law, if the 

21 Secretary of Transportation determines for any of fiscal 

22 years 2022 through 2026 that the aggregate amount re23 quired to carry out transportation programs and projects 

24 under this Act and the amendments made by this Act ex25 ceeds the estimated aggregate amount in the Highway 


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1 Trust Fund available for those programs and projects for 

2 the fiscal year, each amount made available for that pro3 gram or project shall be reduced by the pro rata percent4 age required to reduce the aggregate amount required to 

5 carry out those programs and projects to an amount equal 

6 to the amount available for those programs and projects 

7 in the Highway Trust Fund for the fiscal year. 

8 SEC. 105. REPORTS; CERTIFICATION. 

9 (a) REPORT ON EXISTING OBLIGATIONS.— 

10 (1) IN GENERAL.—The Director of the Office of 

11 Management and Budget (referred to in this section 

12 as the ‘‘Director’’), in consultation with the Sec13 retary of Transportation, shall develop and submit 

14 to Congress a 5-year plan for the use of revenue de15 posited in the Highway Trust Fund to pay for un16 paid obligations under Federal-aid highway pro17 grams (as in effect before the date of enactment of 

18 this Act) incurred before the date of enactment of 

19 this Act. 

20 (2) REQUIREMENT.—In developing the plan 

21 under paragraph (1), the Director shall, to the max22 imum extent practicable, balance payments for new 

23 Federal-aid highway projects with continued pay24 ment of unpaid obligations described in paragraph 

25 (1). 


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1 (b) ANNUAL REPORTS.—Not less frequently than an2 nually, the Director shall submit to Congress a report that 

3 includes— 

4 (1) a description of the remaining balance of 

5 unpaid obligations under Federal-aid highway pro6 grams (as in effect before the date of enactment of 

7 this Act) incurred before the date of enactment of 

8 this Act; and 

9 (2) a status update on the progress made to10 ward achieving the goals of the 5-year plan devel11 oped under subsection (a). 

12 (c) CERTIFICATION.—On the date that the Director 

13 determines that there are no remaining unpaid obligations 

14 under Federal-aid highway programs (as in effect before 

15 the date of enactment of this Act) incurred before the date 

16 of enactment of this Act, the Director shall submit to Con17 gress a certification that there are no such remaining un18 paid obligations. 

19 TITLE II—FEDERAL-AID 

20 HIGHWAY PROGRAM REFORMS 

21 SEC. 201. DEFINITIONS. 

22 Section 101(a) of title 23, United States Code, is 

23 amended— 

24 (1) by striking paragraph (6) and inserting the 

25 following: 


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1 ‘‘(6) FEDERAL-AID HIGHWAY.—The term ‘Fed2 eral-aid highway’ means a highway on the Interstate 

3 System eligible for assistance under this chapter.’’; 

4 (2) in paragraph (12), by striking ‘‘section 

5 103(c)’’ and inserting ‘‘section 103(b)’’; 

6 (3) by striking paragraph (16); and 

7 (4) by redesignating paragraphs (17) through 

8 (34) as paragraphs (16) through (33), respectively. 

9 SEC. 202. FEDERAL-AID SYSTEM. 

10 (a) IN GENERAL.—Section 103(a) of title 23, United 

11 States Code, is amended by striking ‘‘the National High12 way System, which includes’’. 

13 (b) CONFORMING AMENDMENTS.— 

14 (1) Section 103 of title 23, United States Code, 

15 is amended— 

16 (A) by striking the section designation and 

17 heading and inserting the following: 

18 ‘‘§ 103. Federal-aid system’’; 

19 (B) by striking subsection (b); and 

20 (C) by redesignating subsection (c) as sub21 section (b). 

22 (2) Section 127(f) of title 23, United States 

23 Code, is amended by striking ‘‘section 103(c)(4)(A)’’ 

24 and inserting ‘‘section 103(b)(4)(A)’’. 


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1 (3) The analysis for chapter 1 of title 23, 

2 United States Code, is amended by striking the item 

3 relating to section 103 and inserting the following: 

‘‘103. Federal-aid system.’’. 

4 SEC. 203. APPORTIONMENT. 

5 Section 104 of title 23, United States Code, is 

6 amended— 

7 (1) in subsection (a)— 

8 (A) by striking paragraph (1) and insert9 ing the following: 

10 ‘‘(1) IN GENERAL.—There is authorized to be 

11 appropriated from the Highway Trust Fund for each 

12 of fiscal years 2022 through 2026, to be made avail13 able to the Secretary for administrative expenses of 

14 the Federal Highway Administration, an amount 

15 equal to 1 percent of the amounts made available for 

16 programs under this title for the fiscal year.’’; and 

17 (B) in paragraph (2)(B), by striking ‘‘the 

18 Appalachian development highway system’’ and 

19 inserting ‘‘the portions of the Appalachian De20 velopment Highway System on the Interstate 

21 System’’; 

22 (2) in subsection (b)— 

23 (A) in the matter preceding paragraph (1), 

24 by striking ‘‘the congestion mitigation and air 

25 quality improvement program, the national 


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1 highway freight program, and to carry out sec2 tion 134’’ and inserting ‘‘and the national high3 way freight program’’; 

4 (B) in each of paragraphs (1), (2), and 

5 (3), by striking ‘‘paragraphs (4), (5), and (6)’’ 

6 and inserting ‘‘paragraph (4)’’; 

7 (C) by striking paragraph (4); 

8 (D) by redesignating paragraph (5) as 

9 paragraph (4); 

10 (E) in paragraph (4) (as so redesig11 nated)— 

12 (i) by striking subparagraph (B) and 

13 inserting the following: 

14 ‘‘(B) TOTAL AMOUNT.—The total amount 

15 set aside for the national highway freight pro16 gram for all States shall be 3.5 percent of the 

17 amounts made available for programs under 

18 this title for each of fiscal years 2022 through 

19 2026.’’; and 

20 (ii) by striking subparagraph (D); and 

21 (F) by striking paragraph (6); 

22 (3) in subsection (c)— 

23 (A) in paragraph (1)— 

24 (i) in the matter preceding subpara25 graph (A), by striking ‘‘fiscal years 2016 


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1 through 2020’’ and inserting ‘‘fiscal years 

2 2022 through 2026’’; 

3 (ii) in subparagraph (A)— 

4 (I) by striking clause (i) and in5 serting the following: 

6 ‘‘(i) the base apportionment; by’’; and 

7 (II) in clause (ii)(I), by striking 

8 ‘‘fiscal year 2015’’ and inserting ‘‘fis9 cal year 2021’’; and 

10 (iii) in subparagraph (B), by striking 

11 ‘‘(other than the Mass Transit Account)’’; 

12 and 

13 (B) in paragraph (2)— 

14 (i) by striking ‘‘fiscal years 2016 

15 through 2020’’ and inserting ‘‘fiscal years 

16 2022 through 2026’’; and 

17 (ii) by striking ‘‘the congestion miti18 gation and air quality improvement pro19 gram under section 149, the national high20 way freight program under section 167, 

21 and to carry out section 134’’ and insert22 ing ‘‘and the national highway freight pro23 gram under section 167’’; 

24 (4) by striking subsections (d) and (h); 


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1 (5) by redesignating subsections (e) through (g) 

2 as subsections (d) through (f), respectively; 

3 (6) by striking subsection (e) (as so redesig4 nated) and inserting the following: 

5 ‘‘(e) TRANSFERABILITY OF FUNDS.— 

6 ‘‘(1) IN GENERAL.—To the extent that a State 

7 determines that funds made available under this title 

8 to the State for a purpose are in excess of the needs 

9 of the State for that purpose, the State may transfer 

10 the excess funds to, and use the excess funds for, 

11 any surface transportation (including public trans12 portation and rail) purpose in the State. 

13 ‘‘(2) ENFORCEMENT.—If the Secretary deter14 mines that a State has transferred funds under 

15 paragraph (1) to a purpose that is not a surface 

16 transportation purpose as described in paragraph 

17 (1), the amount of the improperly transferred funds 

18 shall be deducted from any amount the State would 

19 otherwise receive from the Highway Trust Fund for 

20 the fiscal year that begins after the date of the de21 termination.’’; and 

22 (7) by striking subsection (i) and inserting the 

23 following: 

24 ‘‘(g) BASE APPORTIONMENT DEFINED.—In this sec25 tion, the term ‘base apportionment’ means the combined 


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1 amount authorized for appropriation for the national high2 way performance program under section 119, the surface 

3 transportation block grant program under section 133, the 

4 highway safety improvement program under section 148, 

5 and the national highway freight program under section 

6 167.’’. 

7 SEC. 204. ADDITIONAL DEPOSITS IN HIGHWAY TRUST 

8 FUND. 

9 (a) IN GENERAL.—Section 105 of title 23, United 

10 States Code, is repealed. 

11 (b) CLERICAL AMENDMENT.—The analysis for chap12 ter 1 of title 23, United States Code, is amended by strik13 ing the item relating to section 105. 

14 SEC. 205. PROJECT APPROVAL AND OVERSIGHT. 

15 Section 106 of title 23, United States Code, is 

16 amended— 

17 (1) in subsection (c)— 

18 (A) by striking paragraphs (1) and (2) and 

19 inserting the following: 

20 ‘‘(1) IN GENERAL.—For any project under this 

21 title, the State may assume the responsibilities of 

22 the Secretary under this title for design, plans, spec23 ifications, estimates, contract awards, and inspec24 tions with respect to the project, unless the SecVerDate Sep 11 2014 17:23 Sep 27, 2021 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S2803.IS S2803

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1 retary determines that the assumption is not appro2 priate.’’; and 

3 (B) by redesignating paragraphs (3) and 

4 (4) as paragraphs (2) and (3), respectively; 

5 (2) in subsection (d), in the matter preceding 

6 paragraph (1), by striking ‘‘this section, section 133, 

7 or section 149’’ and inserting ‘‘this section or sec8 tion 133’’; 

9 (3) in subsection (e)(2)— 

10 (A) in subparagraph (A), by striking ‘‘the 

11 National Highway System’’ and inserting ‘‘the 

12 Interstate System’’; and 

13 (B) in subparagraph (B), by striking ‘‘the 

14 National Highway System’’ and inserting ‘‘the 

15 Interstate System’’; and 

16 (4) in subsection (h)(3)(C), in the second sen17 tence, by striking ‘‘statewide and metropolitan plan18 ning requirements in sections 134 and 135’’ and in19 serting ‘‘statewide planning requirements under sec20 tion 135’’. 

21 SEC. 206. STANDARDS. 

22 (a) IN GENERAL.—Section 109 of title 23, United 

23 States Code, is amended— 

24 (1) by striking subsection (c); 


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1 (2) by redesignating subsections (d) through 

2 (n) as subsections (c) through (m), respectively; 

3 (3) by striking subsection (o); 

4 (4) by redesignating subsections (p) through (r) 

5 as subsections (n) through (p), respectively; and 

6 (5) in subsection (n) (as so redesignated), in 

7 the matter preceding paragraph (1), by striking 

8 ‘‘Notwithstanding subsections (b) and (c), the Sec9 retary may approve a project for the National High10 way System’’ and inserting ‘‘Notwithstanding sub11 section (b), the Secretary may approve a project for 

12 the Interstate System’’. 

13 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

14 Section 112 of title 23, United States Code, is amended— 

15 (1) in subsection (b)— 

16 (A) in paragraph (2)(F), by striking 

17 ‘‘(F)(F) Subparagraphs (B), (C), (D), and (E) 

18 herein’’ and inserting the following: 

19 ‘‘(F) LIMITATION.—Subparagraphs (B) 

20 through (E)’’; and 

21 (B) in paragraph (4)(C)(iv)(II), by striking 

22 ‘‘section 109(r)’’ and inserting ‘‘section 

23 109(p)’’; and 

24 (2) in subsection (g)(2)(B), by striking ‘‘section 

25 109(e)(2)’’ and inserting ‘‘section 109(d)(2)’’. 


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1 SEC. 207. NATIONALLY SIGNIFICANT FREIGHT AND HIGH2 WAY PROJECTS. 

3 Section 117 of title 23, United States Code, is 

4 amended— 

5 (1) by striking subsection (d) and inserting the 

6 following: 

7 ‘‘(d) ELIGIBLE PROJECTS.—Except as provided in 

8 subsection (e), the Secretary may make a grant under this 

9 section only for a project that— 

10 ‘‘(1) is— 

11 ‘‘(A) a highway freight project carried out 

12 on the National Highway Freight Network es13 tablished under section 167; 

14 ‘‘(B) a highway or bridge project carried 

15 out on the Interstate System, including a 

16 project to add capacity to the Interstate System 

17 to improve mobility; or 

18 ‘‘(C) a railway-highway grade crossing or 

19 grade separation project on the Interstate Sys20 tem; and 

21 ‘‘(2) has eligible project costs that are reason22 ably anticipated to equal or exceed the lesser of— 

23 ‘‘(A) $100,000,000; and 

24 ‘‘(B) in the case of a project— 

25 ‘‘(i) located in 1 State, 30 percent of 

26 the amount apportioned under this chapter 


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1 to the State in the most recently completed 

2 fiscal year; or 

3 ‘‘(ii) located in more than 1 State, 50 

4 percent of the amount apportioned under 

5 this chapter to the participating State with 

6 the largest apportionment under this chap7 ter in the most recently completed fiscal 

8 year.’’; 

9 (2) in subsection (e)(1), by striking ‘‘described 

10 in subsection (d)(1)(A) that do not satisfy the min11 imum threshold under subsection (d)(1)(B)’’ and in12 serting ‘‘described in subsection (d)(1) that do not 

13 satisfy the minimum threshold under subsection 

14 (d)(2)’’; 

15 (3) by striking subsections (k) and (l); 

16 (4) by redesignating subsections (m) and (n) as 

17 subsections (k) and (l), respectively; and 

18 (5) in paragraph (1) of subsection (k) (as so re19 designated)— 

20 (A) by striking subparagraph (B); and 

21 (B) in subparagraph (A)— 

22 (i) in the first sentence, by striking 

23 ‘‘At least 60 days’’ and inserting ‘‘Not less 

24 than 60 days’’; and 


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1 (ii) in the second sentence, by striking 

2 ‘‘The notification’’ and inserting the fol3 lowing: 

4 ‘‘(B) INCLUSIONS.—Each notification 

5 under subparagraph (A)’’. 

6 SEC. 208. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 

7 Section 119 of title 23, United States Code, is 

8 amended— 

9 (1) in subsection (b), by striking ‘‘the National 

10 Highway System’’ each place it appears and insert11 ing ‘‘the Interstate System’’; 

12 (2) in subsection (c), by striking ‘‘the National 

13 Highway System, as defined in section 103’’ and in14 serting ‘‘the Interstate System’’; 

15 (3) in subsection (d)— 

16 (A) by striking ‘‘the National Highway 

17 System’’ each place it appears and inserting 

18 ‘‘the Interstate System’’; 

19 (B) in paragraph (1)(B), by striking ‘‘sec20 tions 134 and 135’’ and inserting ‘‘section 

21 135’’; and 

22 (C) in paragraph (2)— 

23 (i) by striking subparagraphs (F) 

24 through (H); 


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1 (ii) by redesignating subparagraphs 

2 (I) through (L) as subparagraphs (F) 

3 through (I), respectively; and 

4 (iii) by striking subparagraphs (M) 

5 through (P); 

6 (4) in subsection (e), by striking ‘‘the National 

7 Highway System’’ each place it appears and insert8 ing ‘‘the Interstate System’’; 

9 (5) in subsection (f)— 

10 (A) in the subsection heading, by striking 

11 ‘‘AND NHS’’; and 

12 (B) in paragraph (2)— 

13 (i) in the paragraph heading, by strik14 ing ‘‘NHS’’ and inserting ‘‘INTERSTATE

15 SYSTEM’’; and 

16 (ii) by striking ‘‘the National Highway 

17 System’’ each place it appears and insert18 ing ‘‘the Interstate System’’; 

19 (6) by striking subsections (g) through (i); and 

20 (7) by redesignating subsection (j) as sub21 section (g). 

22 SEC. 209. FEDERAL SHARE PAYABLE. 

23 Section 120 of title 23, United States Code, is 

24 amended— 

25 (1) by striking subsection (b); 


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1 (2) by redesignating subsections (c) through (f) 

2 as subsections (b) through (e), respectively; 

3 (3) in subsection (b) (as so redesignated)— 

4 (A) by striking paragraph (2); 

5 (B) by redesignating paragraph (3) as 

6 paragraph (2); and 

7 (C) in paragraph (2) (as so redesig8 nated)— 

9 (i) in subparagraph (A), in the matter 

10 preceding clause (i), by striking ‘‘para11 graph (1), (2), (5)(D), or (6) of section 

12 104(b)’’ and inserting ‘‘paragraph (1) or 

13 (2) of section 104(b)’’; and 

14 (ii) in subparagraph (C)(i), by strik15 ing ‘‘paragraphs (1), (2), (5)(D), and (6) 

16 of section 104(b)’’ and inserting ‘‘para17 graphs (1) and (2) of section 104(b)’’; 

18 (4) in subsection (c) (as so redesignated), in the 

19 first sentence, by striking ‘‘lands referred to in sub20 sections (a) and (b) of this section’’ and inserting 

21 ‘‘land referred to in subsection (a)’’; 

22 (5) in subsection (d) (as so redesignated), in 

23 the matter preceding paragraph (1)— 

24 (A) by striking ‘‘, including the Interstate 

25 System,’’; and 


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•S 2803 IS

1 (B) by striking ‘‘subsections (a) and (b)’’ 

2 and inserting ‘‘subsection (a)’’; 

3 (6) by striking subsection (g); and 

4 (7) by redesignating subsections (h) through (k) 

5 as subsections (g) through (j), respectively. 

6 SEC. 210. EMERGENCY RELIEF. 

7 Section 125 of title 23, United States Code, is 

8 amended— 

9 (1) in subsection (a), in the matter preceding 

10 paragraph (1), by striking ‘‘highways, roads, and 

11 trails,’’ and inserting ‘‘highways on the Interstate 

12 System’’; 

13 (2) in subsection (c)(1), by striking ‘‘(other 

14 than the Mass Transit Account)’’; 

15 (3) in subsection (d)— 

16 (A) in paragraph (3)(C), by inserting ‘‘(as 

17 in effect on the day before the date of enact18 ment of the Transportation Empowerment 

19 Act)’’ after ‘‘subsection (e)(1)’’; and 

20 (B) by striking paragraph (5); 

21 (4) by striking subsections (e) and (f); and 

22 (5) by redesignating subsection (g) as sub23 section (e). 


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•S 2803 IS

1 SEC. 211. TRANSFERABILITY OF FEDERAL-AID HIGHWAY 

2 FUNDS. 

3 (a) IN GENERAL.—Section 126 of title 23, United 

4 States Code, is repealed. 

5 (b) CLERICAL AMENDMENT.—The analysis for chap6 ter 1 of title 23, United States Code, is amended by strik7 ing the item relating to section 126. 

8 SEC. 212. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES. 

9 (a) IN GENERAL.—Section 129 of title 23, United 

10 States Code, is amended— 

11 (1) by striking subsections (b) and (c); 

12 (2) in subsection (a)— 

13 (A) by striking ‘‘(a) Basic program.— 

14 ’’; and 

15 (B) by redesignating paragraphs (1) 

16 through (10) as subsections (a) through (j), re17 spectively, and indenting appropriately; 

18 (3) in subsection (a) (as so redesignated)— 

19 (A) by striking subparagraphs (B) and 

20 (F); 

21 (B) by redesignating subparagraphs (A), 

22 (C), (D), (E), (G), (H), and (I) as paragraphs 

23 (1) through (7), respectively, and indenting ap24 propriately; 


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•S 2803 IS

1 (C) in paragraph (1) (as so redesignated), 

2 by inserting ‘‘on the Interstate System’’ after 

3 ‘‘tunnel’’ each place it appears; 

4 (D) in paragraph (3) (as so redesignated), 

5 by inserting ‘‘on the Interstate System’’ after 

6 ‘‘tunnel’’ each place it appears; 

7 (E) in paragraph (4) (as so redesignated), 

8 by inserting ‘‘on the Interstate System’’ after 

9 ‘‘tunnel’’ each place it appears; 

10 (F) in paragraph (6) (as so redesignated), 

11 by inserting ‘‘on the Interstate System’’ after 

12 ‘‘tunnel’’; and 

13 (G) in paragraph (7), by striking ‘‘this 

14 paragraph’’ and inserting ‘‘this subsection’’; 

15 (4) in subsection (b) (as so redesignated)— 

16 (A) in the matter preceding subparagraph 

17 (A), by striking ‘‘this subsection’’ and inserting 

18 ‘‘this section’’; and 

19 (B) by redesignating subparagraphs (A) 

20 and (B) as paragraphs (1) and (2), respectively, 

21 and indenting appropriately; 

22 (5) in subsection (c) (as so redesignated)— 

23 (A) by redesignating subparagraphs (A) 

24 through (C) as paragraphs (1) through (3), re25 spectively, and indenting appropriately; 


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•S 2803 IS

1 (B) in paragraph (1) (as so redesignated), 

2 by redesignating clauses (i) through (v) as sub3 paragraphs (A) through (E), respectively, and 

4 indenting appropriately; 

5 (C) in paragraph (2) (as so redesig6 nated)— 

7 (i) by redesignating clauses (i) and 

8 (ii) as subparagraphs (A) and (B), respec9 tively, and indenting appropriately; and 

10 (ii) in subparagraph (A) (as so redes11 ignated), by striking ‘‘subparagraph (A)’’ 

12 and inserting ‘‘paragraph (1)’’; and 

13 (D) in paragraph (3) (as so redesignated), 

14 by striking ‘‘subparagraph (A)’’ each place it 

15 appears and inserting ‘‘paragraph (1)’’; 

16 (6) in subsection (d) (as so redesignated)— 

17 (A) by redesignating subparagraphs (A) 

18 and (B) as paragraphs (1) and (2), respectively, 

19 and indenting appropriately; and 

20 (B) in paragraph (2) (as so redesignated), 

21 by striking ‘‘this paragraph’’ and inserting 

22 ‘‘this subsection’’; 

23 (7) in subsection (e) (as so redesignated), by 

24 striking ‘‘paragraph (1)’’ and inserting ‘‘subsection 

25 (a)’’; 


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•S 2803 IS

1 (8) in subsection (f) (as so redesignated), by 

2 striking ‘‘paragraph (3)’’ and inserting ‘‘subsection 

3 (c)’’; 

4 (9) in subsection (g) (as so redesignated)— 

5 (A) by redesignating subparagraphs (A) 

6 through (I) as paragraphs (1) through (9), re7 spectively, and indenting appropriately; 

8 (B) by striking ‘‘this paragraph’’ each 

9 place it appears and inserting ‘‘this sub10 section’’; 

11 (C) in paragraph (1) (as so redesignated), 

12 by redesignating clauses (i) and (ii) as subpara13 graphs (A) and (B), respectively, and indenting 

14 appropriately; and 

15 (D) in paragraph (8) (as so redesignated), 

16 by redesignating clauses (i) and (ii) as subpara17 graphs (A) and (B), respectively, and indenting 

18 appropriately; and 

19 (10) in subsection (j) (as so redesignated)— 

20 (A) by redesignating subparagraphs (A) 

21 through (E) as paragraphs (1) through (5), re22 spectively, and indenting appropriately; 

23 (B) in the matter preceding paragraph (1) 

24 (as so redesignated), by striking ‘‘this sub25 section’’ and inserting ‘‘this section’’; 


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•S 2803 IS

1 (C) in paragraph (2) (as so redesignated), 

2 by redesignating clauses (i) and (ii) as subpara3 graphs (A) and (B), respectively, and indenting 

4 appropriately; and 

5 (D) in paragraph (5) (as so redesignated), 

6 by striking ‘‘this subsection’’ and inserting 

7 ‘‘this section’’. 

8 (b) CONFORMING AMENDMENTS.— 

9 (1) Section 165(c)(6)(A) of title 23, United 

10 States Code, is amended— 

11 (A) by striking clause (iii); and 

12 (B) by redesignating clauses (iv) through 

13 (vii) as clauses (iii) through (vi), respectively. 

14 (2) Section 166(c)(2) of title 23, United States 

15 Code, is amended by striking ‘‘section 129(a)(3)’’ 

16 and inserting ‘‘section 129(c)’’. 

17 (3) Section 9 of the International Bridge Act of 

18 1972 (33 U.S.C. 535f) is amended in the second 

19 sentence by striking ‘‘section 129(a)(3)’’ and insert20 ing ‘‘section 129(c)’’. 

21 SEC. 213. RAILWAY-HIGHWAY CROSSINGS. 

22 (a) IN GENERAL.—Section 130 of title 23, United 

23 States Code, is repealed. 

24 (b) CONFORMING AMENDMENTS.— 


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•S 2803 IS

1 (1) The analysis for chapter 1 of title 23, 

2 United States Code, is amended by striking the item 

3 relating to section 130. 

4 (2) Section 409 of title 23, United States Code, 

5 is amended by striking ‘‘sections 130, 144, and 148’’ 

6 and inserting ‘‘sections 144 and 148’’. 

7 SEC. 214. SURFACE TRANSPORTATION BLOCK GRANT PRO8 GRAM. 

9 (a) IN GENERAL.—Section 133 of title 23, United 

10 States Code, is amended— 

11 (1) in subsection (b)— 

12 (A) in paragraph (1)— 

13 (i) by striking subparagraphs (B), 

14 (C), and (E); 

15 (ii) by redesignating subparagraphs 

16 (D) and (F) as subparagraphs (B) and 

17 (C), respectively; 

18 (iii) in subparagraph (A), by inserting 

19 ‘‘that are on the Interstate System’’ after 

20 ‘‘title 40’’; 

21 (iv) in subparagraph (B) (as so redes22 ignated)— 

23 (I) by inserting ‘‘on the Inter24 state System’’ after ‘‘improvements’’; 

25 and 


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•S 2803 IS

1 (II) by inserting ‘‘and’’ after the 

2 semicolon at the end; and 

3 (v) in subparagraph (C) (as so redes4 ignated), by inserting ‘‘that are on the 

5 Interstate System’’ before the period at the 

6 end; 

7 (B) by striking paragraphs (3), (5), (6), 

8 (7), (11), (13), and (15); 

9 (C) by redesignating paragraphs (4), (8), 

10 (9), (10), (12), and (14) as paragraphs (3) 

11 through (8), respectively; 

12 (D) in paragraph (3) (as so redesignated), 

13 by striking ‘‘and transit safety infrastructure 

14 improvements and programs, including railway15 highway grade crossings’’ and inserting ‘‘safety 

16 infrastructure improvements and programs on 

17 the Interstate System’’; 

18 (E) in paragraph (4) (as so redesignated), 

19 by striking ‘‘the National Highway System and 

20 a performance-based management program for 

21 other public roads’’ and inserting ‘‘the Inter22 state System’’; 

23 (F) in paragraph (5) (as so redesignated), 

24 by inserting ‘‘on the Interstate System’’ before 

25 the period at the end; 


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•S 2803 IS

1 (G) in paragraph (6) (as so redesignated), 

2 by inserting ‘‘with respect to the Interstate Sys3 tem’’ before the period at the end; 

4 (H) in paragraph (7) (as so redesignated), 

5 by inserting ‘‘on the Interstate System’’ before 

6 the period at the end; and 

7 (I) in paragraph (8) (as so redesignated), 

8 by striking ‘‘and chapter 53 of title 49’’; 

9 (2) by striking subsection (c) and inserting the 

10 following: 

11 ‘‘(c) LOCATION OF PROJECTS.—A project under this 

12 section may only be carried out on a road on the Interstate 

13 System.’’; 

14 (3) in subsection (d)— 

15 (A) in paragraph (1)— 

16 (i) in the matter preceding subpara17 graph (A), by striking ‘‘(after the reserva18 tion of funds under subsection (h))’’; and 

19 (ii) in subparagraph (A), in the mat20 ter preceding clause (i), by striking ‘‘para21 graph (6)’’ and inserting ‘‘paragraph (5)’’; 

22 (B) by striking paragraph (2); 

23 (C) by redesignating paragraphs (3) 

24 through (6) as paragraphs (2) through (5), re25 spectively; 


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•S 2803 IS

1 (D) in paragraph (4) (as so redesignated), 

2 by striking ‘‘sections 134 and 135’’ and insert3 ing ‘‘section 135’’; and 

4 (E) in paragraph (5) (as so redesignated), 

5 by striking ‘‘is’’ and all that follows through the 

6 period at the end and inserting ‘‘is 55 percent 

7 for each of fiscal years 2022 through 2026.’’; 

8 (4) in subsection (e)(1), in the matter preceding 

9 subparagraph (A), by striking ‘‘fiscal years 2016 

10 through 2020’’ and inserting ‘‘fiscal years 2022 

11 through 2026’’; and 

12 (5) by striking subsections (f) through (i). 

13 (b) CONFORMING AMENDMENT.—Section 165(c)(7) 

14 of title 23, United States Code, is amended by striking 

15 ‘‘paragraphs (1) through (4) of section 133(c) and section 

16 133(b)(12)’’ and inserting ‘‘section 133(b)(7)’’. 

17 SEC. 215. METROPOLITAN TRANSPORTATION PLANNING. 

18 (a) IN GENERAL.—Section 134 of title 23, United 

19 States Code, is repealed. 

20 (b) CONFORMING AMENDMENTS.— 

21 (1) The analysis for chapter 1 of title 23, 

22 United States Code, is amended by striking the item 

23 relating to section 134. 

24 (2) Section 2864(f)(2) of title 10, United States 

25 Code, is amended by inserting ‘‘(as in effect on the 


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•S 2803 IS

1 day before the date of enactment of the Transpor2 tation Empowerment Act)’’ after ‘‘title 23’’. 

3 (3) Section 108(d)(5)(A) of title 23, United 

4 States Code, is amended by striking ‘‘sections 134 

5 and 135’’ and inserting ‘‘section 135’’. 

6 (4) Section 135 of title 23, United States Code, 

7 is amended— 

8 (A) in subsection (a)— 

9 (i) in paragraph (1), by striking 

10 ‘‘Subject to section 134, to accomplish the 

11 objectives stated in section 134(a)’’ and in12 serting ‘‘To accomplish the objectives stat13 ed in section 134(a) (as in effect on the 

14 day before the date of enactment of the 

15 Transportation Empowerment Act)’’; and 

16 (ii) in paragraph (3), by inserting 

17 ‘‘(as in effect on the day before the date of 

18 enactment of the Transportation Em19 powerment Act)’’ after ‘‘section 134(a)’’; 

20 (B) in subsection (b)(1), by striking ‘‘with 

21 the transportation planning activities carried 

22 out under section 134 for metropolitan areas of 

23 the State and’’; 

24 (C) in subsection (f)— 

25 (i) in paragraph (2)— 


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•S 2803 IS

1 (I) by striking subparagraph (A); 

2 and 

3 (II) by redesignating subpara4 graphs (B), (C), and (D) as subpara5 graphs (A), (B), and (C), respectively; 

6 (ii) by striking paragraph (4); 

7 (iii) in paragraph (6), by striking 

8 ‘‘paragraph (5)’’ and inserting ‘‘paragraph 

9 (4)’’; and 

10 (iv) by redesignating paragraphs (5) 

11 through (9) as paragraphs (4) through (8), 

12 respectively; 

13 (D) in subsection (g)— 

14 (i) in paragraph (2)— 

15 (I) by striking subparagraph (A); 

16 and 

17 (II) by redesignating subpara18 graphs (B) and (C) as subparagraphs 

19 (A) and (B), respectively; 

20 (ii) in paragraph (3), by striking ‘‘,,’’ 

21 and inserting a comma; 

22 (iii) in paragraph (6)(B), by striking 

23 ‘‘5310, 5311, 5316, and 5317’’ and insert24 ing ‘‘5310 and 5311’’; and 


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1 (iv) in paragraph (8), by striking 

2 ‘‘and section 134’’; 

3 (E) in subsection (i), by striking ‘‘appor4 tioned under paragraphs (5)(D) and (6) of sec5 tion 104(b) of this title and’’; 

6 (F) in subsection (j), by striking ‘‘and sec7 tion 134’’ each place it appears; and 

8 (G) by adding at the end the following: 

9 ‘‘(n) DEFINITIONS.—In this section, the definitions 

10 under section 134(b) (as in effect on the day before the 

11 date of enactment of the Transportation Empowerment 

12 Act) shall apply.’’. 

13 (5) Section 137 of title 23, United States Code, 

14 is amended— 

15 (A) by striking subsection (e); and 

16 (B) by redesignating subsections (f) and 

17 (g) as subsections (e) and (f), respectively. 

18 (6) Section 166 of title 23, United States Code, 

19 is amended by striking subsection (g). 

20 (7) Section 168(a)(3) of title 23, United States 

21 Code, is amended by striking ‘‘metropolitan or state22 wide transportation planning under section 134 or 

23 135, respectively’’ and inserting ‘‘statewide transpor24 tation planning under section 135’’. 


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•S 2803 IS

1 (8) Section 201(c)(1) of title 23, United States 

2 Code, is amended by striking ‘‘sections 134 and 

3 135’’ and inserting ‘‘section 135’’. 

4 (9) Section 327(a)(2)(B)(iv)(I) of title 23, 

5 United States Code, is amended by striking ‘‘134 

6 or’’. 

7 (10) Section 505 of title 23, United States 

8 Code, is amended— 

9 (A) in subsection (a)(2)— 

10 (i) by striking ‘‘metropolitan and’’; 

11 and 

12 (ii) by striking ‘‘sections 134 and 

13 135’’ and inserting ‘‘section 135’’; and 

14 (B) in subsection (b)(2), by striking ‘‘sec15 tions 134 and 135’’ and inserting ‘‘section 

16 135’’. 

17 (11) Section 602(a)(3) of title 23, United 

18 States Code, is amended by striking ‘‘sections 134 

19 and 135’’ and inserting ‘‘section 135’’. 

20 (12) Section 174 of the Clean Air Act (42 

21 U.S.C. 7504) is amended— 

22 (A) in the fourth sentence of subsection 

23 (a), by striking ‘‘the metropolitan planning or24 ganization designated to conduct the con25 tinuing, cooperative and comprehensive transVerDate Sep 11 2014 17:23 Sep 27, 2021 Jkt 019200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S2803.IS S2803

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•S 2803 IS

1 portation planning process for the area under 

2 section 134 of title 23, United States Code,’’; 

3 (B) by striking subsection (b); and 

4 (C) by redesignating subsection (c) as sub5 section (b). 

6 (13) Section 176(c) of the Clean Air Act (42 

7 U.S.C. 7506(c)) is amended— 

8 (A) in paragraph (1), in the matter pre9 ceding subparagraph (A), by striking the second 

10 sentence; 

11 (B) in paragraph (7)(A), in the matter 

12 preceding clause (i), by striking ‘‘section 134(i) 

13 of title 23, United States Code, or’’; and 

14 (C) in paragraph (9)— 

15 (i) by striking ‘‘section 134(i) of title 

16 23, United States Code, or’’; and 

17 (ii) by striking ‘‘under section 134(j) 

18 of such title 23 or’’. 

19 (14) Section 182(c)(5) of the Clean Air Act (42 

20 U.S.C. 7511a(c)(5)) is amended— 

21 (A) by striking ‘‘(A) Beginning’’ and in22 serting ‘‘Beginning’’; and 

23 (B) in the last sentence by striking ‘‘and 

24 with the requirements of section 174(b)’’. 


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•S 2803 IS

1 (15) Section 5304(i) of title 49, United States 

2 Code, is amended— 

3 (A) by striking ‘‘sections 134 and 135’’ 

4 each place it appears and inserting ‘‘section 

5 135’’; and 

6 (B) by striking ‘‘this this’’ and inserting 

7 ‘‘this’’. 

8 SEC. 216. CONTROL OF JUNKYARDS. 

9 Section 136 of title 23, United States Code, is 

10 amended— 

11 (1) in subsection (a), by striking ‘‘and the pri12 mary system’’; 

13 (2) in subsection (b), in the first sentence— 

14 (A) by striking ‘‘and the primary system’’; 

15 and 

16 (B) by striking ‘‘paragraphs (1) through 

17 (6) of section 104(b)’’ and inserting ‘‘para18 graphs (1) through (4) of section 104(b)’’; 

19 (3) in subsection (g), by striking ‘‘and the pri20 mary system’’; 

21 (4) in subsection (k), by striking ‘‘interstate 

22 and primary systems’’ and inserting ‘‘Interstate Sys23 tem’’; and 

24 (5) by striking subsection (n). 


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•S 2803 IS

1 SEC. 217. ENFORCEMENT OF REQUIREMENTS. 

2 Section 141 of title 23, United States Code, is 

3 amended— 

4 (1) in subsection (a), in the first sentence, by 

5 striking ‘‘the Federal-aid primary system, the Fed6 eral-aid urban system, and the Federal-aid sec7 ondary system, including the Interstate System’’ and 

8 inserting ‘‘the Interstate System’’; and 

9 (2) in subsection (b)(2), by striking ‘‘para10 graphs (1) through (6) of section 104(b)’’ and in11 serting ‘‘paragraphs (1) through (4) of section 

12 104(b)’’. 

13 SEC. 218. PUBLIC TRANSPORTATION. 

14 (a) IN GENERAL.—Section 142 of title 23, United 

15 States Code, is amended— 

16 (1) in subsection (a)— 

17 (A) by striking paragraph (2); 

18 (B) in the second sentence, by striking ‘‘If 

19 fees’’ and inserting the following: 

20 ‘‘(2) RATE.—If fees’’; and 

21 (C) by striking ‘‘(a)(1) To encourage’’ and 

22 inserting the following: 

23 ‘‘(a) CONSTRUCTION OF FACILITIES.— 

24 ‘‘(1) IN GENERAL.—To encourage’’; 

25 (2) by striking subsections (d), (g), (h), and (i); 


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•S 2803 IS

1 (3) by redesignating subsections (e) and (f) as 

2 subsections (d) and (e), respectively; and 

3 (4) in subsection (d) (as so redesignated)— 

4 (A) by striking ‘‘of this section’’ each place 

5 it appears; 

6 (B) by striking paragraph (2); and 

7 (C) by redesignating paragraph (3) as 

8 paragraph (2). 

9 (b) CONFORMING AMENDMENT.—Section 156(a) of 

10 title 23, United States Code, is amended by striking ‘‘sec11 tion 142(f)’’ and inserting ‘‘section 142(e)’’. 

12 SEC. 219. HIGHWAY USE TAX EVASION PROJECTS. 

13 Section 143(b)(2)(A) of title 23, United States Code, 

14 is amended by striking ‘‘each of fiscal years 2016 through 

15 2020’’ and inserting ‘‘each of fiscal years 2022 through 

16 2026’’. 

17 SEC. 220. NATIONAL BRIDGE AND TUNNEL INVENTORY AND 

18 INSPECTION STANDARDS. 

19 Section 144 of title 23, United States Code, is 

20 amended— 

21 (1) in subsection (a)(2)— 

22 (A) in subparagraph (A), by striking 

23 ‘‘highway bridges and tunnels of the United 

24 States’’ and inserting ‘‘bridges on the Interstate 

25 System’’; 


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•S 2803 IS

1 (B) in subparagraph (B), by striking 

2 ‘‘highway bridges and tunnels’’ and inserting 

3 ‘‘bridges on the Interstate System’’; and 

4 (C) in subparagraph (E), by striking ‘‘Na5 tional Highway System bridges and bridges on 

6 all public roads’’ and inserting ‘‘bridges on the 

7 Interstate System’’; 

8 (2) in subsection (b)— 

9 (A) in paragraph (1), by striking ‘‘all high10 way bridges on public roads, on and off Fed11 eral-aid highways,’’ and inserting ‘‘all bridges 

12 on the Interstate System,’’; and 

13 (B) in paragraph (2), by striking ‘‘all tun14 nels on public roads, on and off Federal-aid 

15 highways,’’ and inserting ‘‘all tunnels on the 

16 Interstate System,’’; 

17 (3) in subsection (d)— 

18 (A) by striking paragraphs (2) and (4); 

19 and 

20 (B) by redesignating paragraph (3) as 

21 paragraph (2); 

22 (4) in subsection (e)(1), by inserting ‘‘on the 

23 Interstate System’’ after ‘‘any bridge’’; 


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•S 2803 IS

1 (5) in subsection (f)(1), in the matter preceding 

2 subparagraph (A), by inserting ‘‘on the Interstate 

3 System’’ after ‘‘any bridge’’; 

4 (6) in subsection (g)— 

5 (A) in paragraph (1), by inserting ‘‘on the 

6 Interstate System’’ after ‘‘any bridge’’; and 

7 (B) in paragraph (3), by striking ‘‘bridges 

8 on and off Federal-aid highways’’ and inserting 

9 ‘‘bridges on the Interstate System’’; 

10 (7) in subsection (h)— 

11 (A) in paragraph (1)(A), by striking ‘‘high12 way bridges and tunnels’’ and inserting 

13 ‘‘bridges and tunnels on the Interstate Sys14 tem’’; 

15 (B) in paragraph (2), by striking ‘‘high16 way’’ each place it appears and inserting 

17 ‘‘Interstate System’’; and 

18 (C) in paragraph (3)(B)(i), by striking 

19 ‘‘highway bridges’’ and inserting ‘‘Interstate 

20 System bridges’’; 

21 (8) in subsection (i)(1), by striking ‘‘highway 

22 bridge’’ and inserting ‘‘Interstate System bridge’’; 

23 and 

24 (9) in subsection (j)— 


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•S 2803 IS

1 (A) in paragraph (3)(B), by striking ‘‘a 

2 transportation improvement program under sec3 tion 134(j) or a statewide transportation im4 provement program under section 135, as appli5 cable’’ and inserting ‘‘a statewide transpor6 tation improvement program under section 

7 135’’; and 

8 (B) in paragraph (4)(A), by striking ‘‘sec9 tions 134 and 135’’ and inserting ‘‘section 

10 135’’. 

11 SEC. 221. CARPOOL AND VANPOOL PROJECTS. 

12 (a) IN GENERAL.—Section 146 of title 23, United 

13 States Code, is repealed. 

14 (b) CLERICAL AMENDMENT.—The analysis for chap15 ter 1 of title 23, United States Code, is amended by strik16 ing the item relating to section 146. 

17 SEC. 222. CONSTRUCTION OF FERRY BOATS AND FERRY 

18 TERMINAL FACILITIES. 

19 (a) IN GENERAL.—Section 147 of title 23, United 

20 States Code, is repealed. 

21 (b) CLERICAL AMENDMENT.—The analysis for chap22 ter 1 of title 23, United States Code, is amended by strik23 ing the item relating to section 147. 


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•S 2803 IS

1 SEC. 223. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 

2 Section 148 of title 23, United States Code, is 

3 amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (1), by striking ‘‘roadway 

6 functionally classified as a rural major or minor 

7 collector or a rural local road’’ and inserting 

8 ‘‘road on the Interstate System’’; 

9 (B) in paragraph (2), by striking ‘‘all pub10 lic roads’’ and inserting ‘‘all roads on the Inter11 state System’’; 

12 (C) in paragraph (4)— 

13 (i) in subparagraph (A), in the matter 

14 preceding clause (i), by striking ‘‘on a pub15 lic road’’ and inserting ‘‘on the Interstate 

16 System’’; and 

17 (ii) in subparagraph (B)— 

18 (I) in clause (iii), by striking ‘‘, 

19 if the rumble strips or other warning 

20 devices do not adversely affect the 

21 safety or mobility of bicyclists and pe22 destrians, including persons with dis23 abilities’’; 

24 (II) by striking clauses (v), 

25 (xviii), (xix), (xxiii), (xxvi), (xxvii), 

26 and (xxviii); 


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1 (III) by redesignating clauses (vi) 

2 through (xvii), (xx) through (xxii), 

3 (xxiv), and (xxv) as clauses (v) 

4 through (xxi), respectively; and 

5 (IV) in clause (xix) (as so redes6 ignated), by inserting ‘‘on the Inter7 state System’’ after ‘‘improvements’’; 

8 (D) in paragraph (9)(A), by striking ‘‘a 

9 public road’’ and inserting ‘‘the Interstate Sys10 tem’’; and 

11 (E) in paragraph (11)(D), by striking ‘‘all 

12 public roads, including non-State-owned public 

13 roads and roads on tribal land’’ and inserting 

14 ‘‘all roads on the Interstate System, including 

15 non-State owned roads on the Interstate Sys16 tem and roads on the Interstate System on trib17 al land’’; 

18 (2) in subsection (b)(2), by striking ‘‘all public 

19 roads, including non-State-owned public roads and 

20 roads on tribal land’’ and inserting ‘‘all roads on the 

21 Interstate System, including non-State owned roads 

22 on the Interstate System and roads on the Interstate 

23 System on tribal land’’; 

24 (3) in subsection (c)(2)— 


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1 (A) in subparagraph (A)(i), by striking 

2 ‘‘all public roads, including non-State-owned 

3 public roads and roads on tribal land in the 

4 State’’ and inserting ‘‘all roads on the Inter5 state System, including non-State owned roads 

6 on the Interstate System and roads on the 

7 Interstate System on tribal land in the State’’; 

8 (B) in subparagraph (B)(iii), by striking 

9 ‘‘all public roads’’ and inserting ‘‘all roads on 

10 the Interstate System’’; 

11 (C) in subparagraph (C)(i), by striking ‘‘all 

12 public roads’’ and inserting ‘‘all roads on the 

13 Interstate System’’; and 

14 (D) in subparagraph (D)— 

15 (i) in clause (ii), by striking ‘‘all pub16 lic roads, including public non-State-owned 

17 roads and roads on tribal land’’ and insert18 ing ‘‘all roads on the Interstate System, in19 cluding non-State owned roads on the 

20 Interstate System and roads on the Inter21 state System on tribal land’’; 

22 (ii) in clause (iii), by striking ‘‘all 

23 public roads’’ and inserting ‘‘all roads on 

24 the Interstate System’’; and 


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•S 2803 IS

1 (iii) in clause (v), by striking ‘‘all pub2 lic roads in the State’’ and inserting ‘‘all 

3 roads on the Interstate System in the 

4 State’’; 

5 (4) in subsection (d)(1)(B)— 

6 (A) in clause (iv), by striking ‘‘rural roads, 

7 including all public roads,’’ and inserting 

8 ‘‘roads on the Interstate System in rural 

9 areas’’; and 

10 (B) in clause (viii), by striking ‘‘all public 

11 roads, including non-State-owned public roads 

12 and roads on tribal land’’ and inserting ‘‘all 

13 roads on the Interstate System, including non14 State owned roads on the Interstate System 

15 and roads on the Interstate System on tribal 

16 land’’; 

17 (5) in subsection (e)(1)— 

18 (A) in subparagraph (A), by striking ‘‘on 

19 any public road or publicly owned bicycle or pe20 destrian pathway or trail’’ and inserting ‘‘on 

21 any road on the Interstate System’’; and 

22 (B) in subparagraph (C), by striking ‘‘a 

23 public road’’ and inserting ‘‘a road on the 

24 Interstate System’’; 


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1 (6) in subsection (f)(1)(B), by striking ‘‘all pub2 lic roads’’ each place it appears and inserting ‘‘all 

3 roads on the Interstate System’’; 

4 (7) in subsection (h)(1)(C), by striking ‘‘all 

5 public roads’’ each place it appears and inserting 

6 ‘‘all roads on the Interstate System’’; 

7 (8) in subsection (i)(2)(D), by striking ‘‘safety 

8 safety’’ and inserting ‘‘safety’’; 

9 (9) in subsection (j), by striking ‘‘sections 120 

10 and 130’’ and inserting ‘‘section 120’’; and 

11 (10) by striking subsection (k). 

12 SEC. 224. REPEAL OF CONGESTION MITIGATION AND AIR 

13 QUALITY IMPROVEMENT PROGRAM. 

14 (a) IN GENERAL.—Section 149 of title 23, United 

15 States Code, is repealed. 

16 (b) CONFORMING AMENDMENTS.— 

17 (1) The analysis for chapter 1 of title 23, 

18 United States Code, is amended by striking the item 

19 relating to section 149. 

20 (2) Section 322(h)(3) of title 23, United States 

21 Code, is amended by striking ‘‘and the congestion 

22 mitigation and air quality improvement program 

23 under section 149’’. 

24 (3) Section 505(a)(3) of title 23, United States 

25 Code, is amended by striking ‘‘149,’’. 


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1 SEC. 225. NATIONAL GOALS AND PERFORMANCE MEAS2 URES. 

3 Section 150 of title 23, United States Code, is 

4 amended— 

5 (1) in subsection (b)— 

6 (A) in paragraph (1), by striking ‘‘all pub7 lic roads’’ and inserting ‘‘all roads on the Inter8 state System’’; and 

9 (B) in paragraph (3), by striking ‘‘Na10 tional Highway System’’ and inserting ‘‘Inter11 state System’’; 

12 (2) in subsection (c)— 

13 (A) in paragraph (3)(A)(ii), by striking 

14 subclauses (II) through (V) and inserting the 

15 following: 

16 ‘‘(II) the condition of bridges on 

17 the Interstate System; and 

18 ‘‘(III) the performance of the 

19 Interstate System;’’; 

20 (B) by striking paragraph (5); and 

21 (C) by redesignating paragraph (6) as 

22 paragraph (5); 

23 (3) in subsection (d)(1), by striking ‘‘(5), and 

24 (6)’’ and inserting ‘‘and (5)’’; and 


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1 (4) in subsection (e), by striking ‘‘National 

2 Highway System’’ each place it appears and insert3 ing ‘‘Interstate System’’. 

4 SEC. 226. NATIONAL ELECTRIC VEHICLE CHARGING AND 

5 HYDROGEN, PROPANE, AND NATURAL GAS 

6 FUELING CORRIDORS. 

7 Section 151(a) of title 23, United States Code, is 

8 amended by striking ‘‘major national highways’’ and in9 serting ‘‘the Interstate System’’. 

10 SEC. 227. HAZARD ELIMINATION PROGRAM. 

11 (a) IN GENERAL.—Section 152 of title 23, United 

12 States Code, is repealed. 

13 (b) CLERICAL AMENDMENT.—The analysis for chap14 ter 1 of title 23, United States Code, is amended by strik15 ing the item relating to section 152. 

16 SEC. 228. NATIONAL SCENIC BYWAYS PROGRAM. 

17 Section 162(a)(2) of title 23, United States Code, is 

18 amended by inserting ‘‘, subject to the condition that the 

19 road is a road on the Interstate System’’ before the period 

20 at the end. 

21 SEC. 229. NATIONAL HIGHWAY FREIGHT PROGRAM. 

22 Section 167 of title 23, United States Code, is 

23 amended— 

24 (1) in subsection (d)(2)— 


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1 (A) in subparagraph (A), by striking ‘‘sub2 paragraph (E)’’ and inserting ‘‘subparagraphs 

3 (E) and (F)’’; and 

4 (B) by adding at the end the following: 

5 ‘‘(F) REQUIREMENT.—In redesignating 

6 the primary highway freight system under sub7 paragraph (A), the Administrator shall ensure 

8 that all roads on the primary highway freight 

9 system are roads on the Interstate System.’’; 

10 (2) in subsection (e)(1), in the matter preceding 

11 subparagraph (A)— 

12 (A) by striking ‘‘a public road’’ and insert13 ing ‘‘a road on the Interstate System’’; and 

14 (B) by striking ‘‘the public road’’ and in15 serting ‘‘the road’’; 

16 (3) in subsection (f), by striking ‘‘public road’’ 

17 each place it appears and inserting ‘‘road on the 

18 Interstate System’’; 

19 (4) in subsection (i)— 

20 (A) by striking ‘‘section 104(b)(5)’’ each 

21 place it appears and inserting ‘‘section 

22 104(b)(4)’’; 

23 (B) in paragraph (5)— 

24 (i) by striking subparagraph (B); 


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1 (ii) by redesignating subparagraph 

2 (C) as subparagraph (B); and 

3 (iii) in subparagraph (C) (as so redes4 ignated)— 

5 (I) by striking clauses (vi), (xi), 

6 (xiv), (xviii), (xxii), and (xxiii); and 

7 (II) by redesignating clauses (vii) 

8 through (x), (xii) and (xiii), (xv) 

9 through (xvii), and (xix) through (xxi) 

10 as clauses (vi) through (xvii), respec11 tively; 

12 (C) in paragraph (6)— 

13 (i) in the matter preceding subpara14 graph (A), by striking ‘‘for’’ and all that 

15 follows through ‘‘the necessary costs’’ in 

16 subparagraph (B) in the matter preceding 

17 clause (i) and inserting ‘‘for the necessary 

18 costs’’; and 

19 (ii) by redesignating clauses (i) 

20 through (iii) as subparagraphs (A) through 

21 (C), respectively, and indenting appro22 priately; and 

23 (D) in paragraph (7), by striking ‘‘sections 

24 134 and 135’’ and inserting ‘‘section 135’’; 


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1 (5) in subsection (k)(1)(A)(ii), by striking 

2 ‘‘ports-of’’ and inserting ‘‘ports of’’; and 

3 (6) by striking subsection (l). 

4 SEC. 230. RECREATIONAL TRAILS PROGRAM. 

5 (a) IN GENERAL.—Section 206 of title 23, United 

6 States Code, is repealed. 

7 (b) CONFORMING AMENDMENTS.— 

8 (1) Section 325 of title 23, United States Code, 

9 is amended— 

10 (A) by striking subsection (d); and 

11 (B) by redesignating subsection (e) as sub12 section (d). 

13 (2) The analysis for chapter 2 of title 23, 

14 United States Code, is amended by striking the item 

15 relating to section 206. 

16 SEC. 231. BICYCLE TRANSPORTATION AND PEDESTRIAN 

17 WALKWAYS. 

18 (a) IN GENERAL.—Section 217 of title 23, United 

19 States Code, is repealed. 

20 (b) CONFORMING AMENDMENTS.— 

21 (1) Section 1524(a) of MAP–21 (23 U.S.C. 206 

22 note; Public Law 112–141) is amended by striking 

23 ‘‘sections 162, 206, 213, and 217’’ and inserting 

24 ‘‘section 162’’. 


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1 (2) The analysis for chapter 2 of title 23, 

2 United States Code, is amended by striking the item 

3 relating to section 217. 

4 SEC. 232. ALASKA HIGHWAY. 

5 (a) IN GENERAL.—Section 218 of title 23, United 

6 States Code, is repealed. 

7 (b) CLERICAL AMENDMENT.—The analysis for chap8 ter 2 of title 23, United States Code, is amended by strik9 ing the item relating to section 218. 

10 SEC. 233. CONFORMING AMENDMENTS. 

11 (a) CONTROL OF OUTDOOR ADVERTISING.—Section 

12 131(t) of title 23, United States Code, is amended by 

13 striking ‘‘, and any highway which is not on such system 

14 but which is on the National Highway System’’. 

15 (b) ELIMINATION OF MASS TRANSIT ACCOUNT.— 

16 (1) Section 102(b) of title 23, United States 

17 Code, is amended in the first sentence by striking 

18 ‘‘(other than the Mass Transit Account)’’. 

19 (2) Section 118(a) of title 23, United States 

20 Code, is amended by striking ‘‘(other than the Mass 

21 Transit Account)’’. 

22 (3) Section 156(a) of title 23, United States 

23 Code, is amended by striking ‘‘(other than the Mass 

24 Transit Account)’’. 


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1 (4) Section 321 of title 23, United States Code, 

2 is amended by striking ‘‘(other than the Mass Tran3 sit Account)’’. 

4 (5) Section 323(b)(1) of title 23, United States 

5 Code, is amended in the matter preceding subpara6 graph (A) by striking ‘‘(other than the Mass Transit 

7 Account)’’. 

8 (6) Section 521(b)(10) of title 49, United 

9 States Code, is amended by striking ‘‘(other than 

10 the Mass Transit Account)’’. 

11 (7) Section 6308 of title 49, United States 

12 Code, is amended by striking ‘‘(other than the Mass 

13 Transit Account)’’. 

14 (8) Section 31104(g) of title 49, United States 

15 Code, is amended by striking ‘‘(other than the Mass 

16 Transit Account)’’. 

17 (9) Section 31110(d) of title 49, United States 

18 Code, is amended by striking ‘‘(other than the Mass 

19 Transit Account)’’. 

20 (10) Section 31138(d)(5) of title 49, United 

21 States Code, is amended by striking ‘‘(other than 

22 the Mass Transit Account)’’. 

23 (11) Section 31139(g)(5) of title 49, United 

24 States Code, is amended by striking ‘‘(other than 

25 the Mass Transit Account)’’. 


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1 (c) NATIONAL HIGHWAY SYSTEM REPEAL.—Section 

2 111(d)(1) of title 23, United States Code, is amended in 

3 the first sentence by striking ‘‘the National Highway Sys4 tem’’ and inserting ‘‘the Interstate System’’. 

5 TITLE III—HIGHWAY TRUST 

6 FUND AND RELATED TAXES 

7 Subtitle A—Highway Trust Fund 

8 Authority 

9 SEC. 301. EXTENSION OF HIGHWAY TRUST FUND EXPENDI10 TURE AUTHORITY. 

11 (a) HIGHWAY TRUST FUND.—Section 9503 of the 

12 Internal Revenue Code of 1986 is amended— 

13 (1) by striking ‘‘October 1, 2021’’ in sub14 sections (b)(6)(B), (c)(1), and (e)(3) and inserting 

15 ‘‘October 1, 2026’’, and 

16 (2) by striking ‘‘Continuing Appropriations Act, 

17 2021 and Other Extensions Act’’ in subsections 

18 (c)(1) and (e)(3) and inserting ‘‘Transportation Em19 powerment Act’’. 

20 (b) SPORT FISH RESTORATION AND BOATING TRUST

21 FUND.—Section 9504 of such Code is amended— 

22 (1) by striking ‘‘Continuing Appropriations Act, 

23 2021 and Other Extensions Act’’ each place it ap24 pears in subsection (b)(2) and inserting ‘‘Transpor25 tation Empowerment Act’’, and 


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1 (2) by striking ‘‘October 1, 2021’’ in subsection 

2 (d)(2) and inserting ‘‘October 1, 2026’’. 

3 (c) LEAKING UNDERGROUND STORAGE TANK TRUST

4 FUND.—Section 9508(e)(2) of such Code is amended by 

5 striking ‘‘October 1, 2021’’ and inserting ‘‘October 1, 

6 2026’’. 

7 SEC. 302. TERMINATION OF MASS TRANSIT ACCOUNT. 

8 Section 9503(e) of the Internal Revenue Code of 

9 1986 is amended— 

10 (1) in the first sentence of paragraph (2), by 

11 inserting ‘‘, and before October 1, 2021’’ after 

12 ‘‘March 31, 1983’’, and 

13 (2) by adding at the end the following: 

14 ‘‘(6) TRANSFER TO HIGHWAY ACCOUNT.—On 

15 the date on which Director of the Office of Manage16 ment and Budget submits the certification under 

17 section 105(c) of the Transportation Empowerment 

18 Act, the Secretary shall transfer all amounts in the 

19 Mass Transit Account to the Highway Account.’’. 

20 SEC. 303. TRANSFER OF UNUSED COVID–19 APPROPRIA21 TIONS TO THE HIGHWAY TRUST FUND. 

22 (a) ECONOMIC INJURY DISASTER LOAN SUBSIDY.— 

23 (1) RESCISSION.—Of the unobligated balances 

24 from amounts made available under the heading 

25 ‘‘Small Business Administration—Disaster Loans 


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1 Program Account’’ in title II of division B of the 

2 Paycheck Protection Program and Health Care En3 hancement Act (Public Law 116–139), 

4 $13,500,000,000 are hereby transferred to the 

5 Highway Trust Fund. 

6 (2) DESIGNATION.—The amount transferred 

7 pursuant to paragraph (1) that was previously des8 ignated by the Congress as an emergency require9 ment pursuant to section 251(b)(2)(A)(i) of the Bal10 anced Budget and Emergency Deficit Control Act of 

11 1985 is designated by the Congress as an emergency 

12 requirement pursuant to section 4112(a) of H. Con. 

13 Res. 71 (115th Congress), the concurrent resolution 

14 on the budget for fiscal year 2018, and to section 

15 251(b) of the Balanced Budget and Emergency Def16 icit Control Act of 1985. 

17 (b) TARGETED EIDL ADVANCE.— 

18 (1) Of the unobligated balances from amounts 

19 made available under the heading ‘‘Small Business 

20 Administration—Targeted EIDL Advance’’ in sec21 tion 323(d)(1)(D) of division N of the Consolidated 

22 Appropriations Act, 2021 (Public Law 116–260), 

23 $17,578,000,000 are hereby transferred to the 

24 Highway Trust Fund. 


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1 (2) The unobligated balances from amounts 

2 made available in section 5002(b) of the American 

3 Rescue Plan Act of 2021 (Public Law 117–2) are 

4 hereby transferred to the Highway Trust Fund. 

5 (c) ECONOMIC STABILIZATION PROGRAM.—Of the 

6 unobligated balances from amounts made available in sec7 tion 4027(a) of the Coronavirus Aid, Relief, and Economic 

8 Security Act (15 U.S.C. 9601), $1,366,100,000 are here9 by transferred to the Highway Trust Fund. 

10 (d) BUSINESS LOANS PROGRAM ACCOUNT.— 

11 (1) Of the unobligated balances from amounts 

12 made available under the heading ‘‘Small Business 

13 Administration—Business Loans Program Account, 

14 CARES Act’’ in section 1107(a)(1) of the 

15 Coronavirus Aid, Relief, and Economic Security Act 

16 (Public Law 116–136), as amended by section 

17 101(a)(2) of division A of the Paycheck Protection 

18 Program and Health Care Enhancement Act (Public 

19 Law 116–139), and in section 323(d)(1)(A) of divi20 sion N of the Consolidated Appropriations Act, 2021 

21 (Public Law 116–260) for carrying out paragraphs 

22 (36) and (37) of section 7(a) of the Small Business 

23 Act (15 U.S.C. 636(a)), $4,684,000,000 are hereby 

24 transferred to the Highway Trust Fund. 


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1 (2) Of the unobligated balances from amounts 

2 made available under the heading ‘‘Small Business 

3 Administration—Business Loans Program Account’’ 

4 in section 323(d)(1)(F) of division N of the Consoli5 dated Appropriations Act, 2021 (Public Law 116– 

6 260), $992,000,000 are hereby transferred to the 

7 Highway Trust Fund. 

8 (e) PANDEMIC RELIEF FOR AVIATION WORKERS, 

9 CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY

10 ACT (CARES ACT).—Of the unobligated balances from 

11 amounts made available in section 4120 of the 

12 Coronavirus Aid, Relief, and Economic Security Act (15 

13 U.S.C. 9080), $3,000,000,000 are hereby transferred to 

14 the Highway Trust Fund. 

15 (f) EDUCATION STABILIZATION FUND.— 

16 (1) RESCISSION.—Of the unobligated balances 

17 from amounts made available under the heading 

18 ‘‘Education Stabilization Fund’’ in title VIII of divi19 sion B of the Coronavirus Aid, Relief, and Economic 

20 Security Act (Public Law 116–136) and in title III 

21 of division M of the Consolidated Appropriations 

22 Act, 2021 (Public Law 116–260) that were reserved 

23 for the Higher Education Emergency Relief Fund by 

24 sections 18004(a)(1) and 18004(a)(2) of division B 

25 of the Coronavirus Aid, Relief, and Economic SecuVerDate Sep 11 2014 17:23 Sep 27, 2021 Jkt 019200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S2803.IS S2803

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1 rity Act (Public Law 116–136) and sections 

2 314(a)(1), 314(a)(2), and 314(a)(4) of division M of 

3 the Consolidated Appropriations Act, 2021 (Public 

4 Law 116–260), $353,400,000 are hereby transferred 

5 to the Highway Trust Fund. 

6 (2) DESIGNATION.—The amount transferred 

7 pursuant to paragraph (1) that was previously des8 ignated by the Congress as an emergency require9 ment pursuant to section 251(b)(2)(A)(i) of the Bal10 anced Budget and Emergency Deficit Control Act of 

11 1985 is designated by the Congress as an emergency 

12 requirement pursuant to section 4112(a) of H. Con. 

13 Res. 71 (115th Congress), the concurrent resolution 

14 on the budget for fiscal year 2018, and to section 

15 251(b) of the Balanced Budget and Emergency Def16 icit Control Act of 1985. 

17 (g) SMALL BUSINESS ADMINISTRATION, SALARIES

18 AND EXPENSES.— 

19 (1) RESCISSION.—Of the unobligated balances 

20 from amounts made available under the heading 

21 ‘‘Small Business Administration—Salaries and Ex22 penses’’ in section 1107(a)(2) of the Coronavirus 

23 Aid, Relief, and Economic Security Act (Public Law 

24 116–136), in title II of division B of the Paycheck 

25 Protection Program and Health Care Enhancement 


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1 Act (Public Law 116–139), and in section 

2 323(d)(1)(C) of division N of the Consolidated Ap3 propriations Act, 2021 (Public Law 116–260), 

4 $175,000,000 are hereby transferred to the Highway 

5 Trust Fund. 

6 (2) DESIGNATION.—The amount transferred 

7 pursuant to paragraph (1) that was previously des8 ignated by the Congress as an emergency require9 ment pursuant to section 251(b)(2)(A)(i) of the Bal10 anced Budget and Emergency Deficit Control Act of 

11 1985 is designated by the Congress as an emergency 

12 requirement pursuant to section 4112(a) of H. Con. 

13 Res. 71 (115th Congress), the concurrent resolution 

14 on the budget for fiscal year 2018, and to section 

15 251(b) of the Balanced Budget and Emergency Def16 icit Control Act of 1985. 

17 (h) PANDEMIC RELIEF FOR AVIATION WORKERS.— 

18 Of the unobligated balances from amounts made available 

19 in section 411 of subtitle A of title IV of division N of 

20 the Consolidated Appropriations Act, 2021 (15 U.S.C. 

21 9101), $200,000,000 are hereby transferred to the High22 way Trust Fund. 

23 (i) CONFORMING AMENDMENT.—Section 9503(f) of 

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1 nating paragraph (11) as paragraph (12) and by inserting 

2 after paragraph (10) the following new paragraph: 

3 ‘‘(11) TRANSFER OF UNUSED COVID–19 APPRO4 PRIATIONS.—There is hereby transferred to the 

5 Highway Trust Fund the amounts described in sub6 sections (a) through (h) of section 303 of the Trans7 portation Empowerment Act.’’. 

8 SEC. 304. TERMINATION OF EMPLOYEE RETENTION CREDIT 

9 FOR EMPLOYERS SUBJECT TO CLOSURE DUE 

10 TO COVID–19. 

11 (a) TERMINATION OF CREDIT.— 

12 (1) IN GENERAL.—Section 3134 of the Internal 

13 Revenue Code of 1986 is amended— 

14 (A) in subsection (c)(5)— 

15 (i) in subparagraph (A), by adding 

16 ‘‘and’’ at the end, 

17 (ii) in subparagraph (B), by striking 

18 ‘‘, and’’ at the end and inserting a period, 

19 and 

20 (iii) by striking subparagraph (C), 

21 and 

22 (B) in subsection (n), by striking ‘‘January 

23 1, 2022’’ and inserting ‘‘October 1, 2021 (or, in 

24 the case of wages paid by an eligible employer 


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1 which is a recovery startup business, January 

2 1, 2022)’’. 

3 (2) EFFECTIVE DATE.—The amendments made 

4 by this subsection shall apply to calendar quarters 

5 beginning after September 30, 2021. 

6 (b) TRANSFERS OF SAVINGS TO THE HIGHWAY

7 TRUST FUND.—Section 9503(f) of the Internal Revenue 

8 Code of 1986, as amended by section 303(i), is further 

9 amended by redesignating paragraph (12) as paragraph 

10 (13) and by inserting after paragraph (11) the following 

11 new paragraph: 

12 ‘‘(12) SAVINGS FROM TERMINATION OF EM13 PLOYEE RETENTION CREDIT FOR EMPLOYERS SUB14 JECT TO CLOSURE DUE TO COVID–19.—There are 

15 hereby appropriated to the Highway Trust Fund 

16 amounts equivalent to savings achieved as a result 

17 of the amendments made by section 304 of the 

18 Transportation Empowerment Act, as estimated by 

19 the Secretary.’’. 

20 SEC. 305. TRANSFER OF UNUSED CORONAVIRUS STATE 

21 AND LOCAL FISCAL RECOVERY FUNDS TO 

22 THE HIGHWAY TRUST FUND. 

23 (a) TRANSFER OF FUNDS.— 

24 (1) IN GENERAL.—Of the unobligated balances 

25 of the amounts appropriated under sections 602(a) 


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1 and 603(a) of the Social Security Act (42 U.S.C. 

2 802(a), 803(a)) as of the date of enactment of this 

3 Act, $70,000,000,000 are hereby transferred to the 

4 Highway Trust Fund. 

5 (2) APPORTIONMENT.—In carrying out para6 graph (1), the Secretary of the Treasury shall trans7 fer the funds specified in such paragraph from the 

8 unobligated balances of the amounts appropriated 

9 under sections 602(a)(1) and 603(a) of such Act in 

10 equal proportion to the greatest extent practicable. 

11 (b) CONFORMING AMENDMENTS.— 

12 (1) CORONAVIRUS STATE FISCAL RECOVERY

13 FUND.—Section 602(b)(4) of the Social Security Act 

14 (42 U.S.C. 802(b)(4)) is amended to read as follows: 

15 ‘‘(4) ADJUSTMENT AUTHORITY.—The amounts 

16 otherwise determined for allocation and payment 

17 under paragraphs (1), (2), and (3)— 

18 ‘‘(A) shall be adjusted by the Secretary on 

19 a pro rata basis to the extent necessary to carry 

20 out the transfer of funds required under section 

21 305(a) of the Transportation Empowerment 

22 Act; and 

23 ‘‘(B) may be adjusted by the Secretary on 

24 a pro rata basis to the extent necessary to en25 sure that all available funds are allocated to 


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•S 2803 IS

1 States, territories, and Tribal governments in 

2 accordance with the requirements specified in 

3 each such paragraph (as applicable).’’. 

4 (2) CORONAVIRUS LOCAL FISCAL RECOVERY

5 FUND.—Section 603(b)(5) of the Social Security Act 

6 (42 U.S.C. 803(b)(5)) is amended to read as follows: 

7 ‘‘(5) ADJUSTMENT AUTHORITY.—The amounts 

8 otherwise determined for allocation and payment 

9 under paragraphs (1), (2), and (3)— 

10 ‘‘(A) shall be adjusted by the Secretary on 

11 a pro rata basis to the extent necessary to carry 

12 out the transfer of funds required under section 

13 305(a) of the Transportation Empowerment 

14 Act; and 

15 ‘‘(B) may be adjusted by the Secretary on 

16 a pro rata basis to the extent necessary to en17 sure that all available funds are distributed to 

18 metropolitan cities, counties, and States in ac19 cordance with the requirements specified in 

20 each paragraph (as applicable) and the certifi21 cation requirement specified in subsection (d).’’. 

22 (c) CONFORMING AMENDMENT.—Section 9503(f) of 

23 the Internal Revenue Code of 1986, as amended by section 

24 304(b), is further amended by redesignating paragraph 


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1 (13) as paragraph (14) and by inserting after paragraph 

2 (12) the following new paragraph: 

3 ‘‘(13) TRANSFER OF UNUSED COVID–19 APPRO4 PRIATIONS.—There is hereby transferred to the 

5 Highway Trust Fund the amounts described in sec6 tion 305(a) of the Transportation Empowerment 

7 Act.’’. 

8 Subtitle B—Highway Related Taxes 

9 SEC. 311. REDUCTION IN TAXES ON GASOLINE, DIESEL 

10 FUEL, KEROSENE, AND SPECIAL FUELS 

11 FUNDING HIGHWAY TRUST FUND. 

12 (a) REDUCTION IN TAX RATE.— 

13 (1) IN GENERAL.—Section 4081(a)(2)(A) of the 

14 Internal Revenue Code of 1986 is amended— 

15 (A) in clause (i), by striking ‘‘18.3 cents’’ 

16 and inserting ‘‘7 cents’’, and 

17 (B) in clause (iii), by striking ‘‘24.3 cents’’ 

18 and inserting ‘‘8.3 cents’’. 

19 (2) CONFORMING AMENDMENTS.— 

20 (A) Section 4081(a)(2)(D) of such Code is 

21 amended— 

22 (i) by striking ‘‘19.7 cents’’ and in23 serting ‘‘6.7 cents’’, and 

24 (ii) by striking ‘‘24.3 cents’’ and in25 serting ‘‘8.3 cents’’. 


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1 (B) Section 6427(b)(2)(A) of such Code is 

2 amended by striking ‘‘7.4 cents’’ and inserting 

3 ‘‘2.5 cents’’. 

4 (b) ADDITIONAL CONFORMING AMENDMENTS.— 

5 (1) Section 4041(a)(1)(C)(iii)(I) of the Internal 

6 Revenue Code of 1986 is amended by striking ‘‘7.3 

7 cents per gallon (4.3 cents per gallon after’’ and in8 serting ‘‘1.5 cents per gallon (zero cents per gallon 

9 after’’. 

10 (2) Section 4041(a)(2)(B)(ii) of such Code is 

11 amended by striking ‘‘18.3 cents’’ and inserting ‘‘7 

12 cents’’. 

13 (3) Clauses (iii) and (iv) of section 

14 4041(a)(2)(B) of such Code are each amended by 

15 striking ‘‘24.3 cents’’ and inserting ‘‘8.3 cents’’. 

16 (4) Section 4041(a)(3)(A) of such Code is 

17 amended by striking ‘‘18.3 cents’’ and inserting ‘‘7 

18 cents’’. 

19 (5) Section 4041(m)(1) of such Code is amend20 ed— 

21 (A) in subparagraph (A)(i), by striking 

22 ‘‘9.15 cents’’ and inserting ‘‘3.1 cents’’, 

23 (B) in subparagraph (A)(ii), by striking 

24 ‘‘11.3 cents’’ and inserting ‘‘3.9 cents’’, and 


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1 (C) in subparagraph (B), by striking all 

2 after ‘‘2022’’ and inserting ‘‘, zero cents per 

3 gallon.’’. 

4 (6) Section 4081(d)(1) of such Code is amend5 ed by striking ‘‘4.3 cents per gallon’’ and inserting 

6 ‘‘zero cents per gallon’’. 

7 (c) FLOOR STOCK REFUNDS.— 

8 (1) IN GENERAL.—If— 

9 (A) before the applicable date, tax has 

10 been imposed under section 4081 of the Inter11 nal Revenue Code of 1986 on any liquid, and 

12 (B) on such date such liquid is held by a 

13 dealer and has not been used and is intended 

14 for sale, 

15 there shall be credited or refunded (without interest) 

16 to the person who paid such tax (in this subsection 

17 referred to as the ‘‘taxpayer’’) an amount equal to 

18 the excess of the tax paid by the taxpayer over the 

19 amount of such tax which would be imposed on such 

20 liquid had the taxable event occurred on such date. 

21 (2) TIME FOR FILING CLAIMS.—No credit or re22 fund shall be allowed or made under this subsection 

23 unless— 


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1 (A) claim therefor is filed with the Sec2 retary of the Treasury before the date that is 

3 6 months after the applicable date, and 

4 (B) in any case where liquid is held by a 

5 dealer (other than the taxpayer) on the applica6 ble date— 

7 (i) the dealer submits a request for re8 fund or credit to the taxpayer before the 

9 date that is 3 months after the applicable 

10 date, and 

11 (ii) the taxpayer has repaid or agreed 

12 to repay the amount so claimed to such 

13 dealer or has obtained the written consent 

14 of such dealer to the allowance of the cred15 it or the making of the refund. 

16 (3) EXCEPTION FOR FUEL HELD IN RETAIL

17 STOCKS.—No credit or refund shall be allowed under 

18 this subsection with respect to any liquid in retail 

19 stocks held at the place where intended to be sold 

20 at retail. 

21 (4) DEFINITIONS.—For purposes of this sub22 section— 

23 (A) APPLICABLE DATE.—The term ‘‘appli24 cable date’’ means the first day of the first calVerDate Sep 11 2014 17:23 Sep 27, 2021 Jkt 019200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S2803.IS S2803

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1 endar quarter beginning after the date of the 

2 enactment of this Act. 

3 (B) OTHER TERMS.—The terms ‘‘dealer’’ 

4 and ‘‘held by a dealer’’ have the respective 

5 meanings given to such terms by section 6412 

6 of such Code; except that the term ‘‘dealer’’ in7 cludes a producer. 

8 (5) CERTAIN RULES TO APPLY.—Rules similar 

9 to the rules of subsections (b) and (c) of section 

10 6412 and sections 6206 and 6675 of such Code shall 

11 apply for purposes of this subsection. 

12 (d) EFFECTIVE DATES.— 

13 (1) IN GENERAL.—Except as provided in para14 graphs (2), the amendments made by this section 

15 shall apply to fuel removed on or after the first day 

16 of the first calendar quarter beginning after the date 

17 of the enactment of this Act. 

18 (2) CERTAIN CONFORMING AMENDMENTS.—The 

19 amendments made by paragraphs (1), (2), (3), (4), 

20 and (5) of subsection (b) shall apply to fuel sold or 

21 used after the first day of the first calendar quarter 

22 beginning after the date of the enactment of this 

23 Act. 

24 SEC. 312. EXTENSION OF HIGHWAY-RELATED TAXES. 

25 (a) IN GENERAL.— 


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1 (1) Each of the following provisions of the In2 ternal Revenue Code of 1986 is amended by striking 

3 ‘‘September 30, 2022’’ and inserting ‘‘September 

4 30, 2027’’: 

5 (A) Section 4041(a)(1)(C)(iii)(I). 

6 (B) Section 4041(m)(1)(B). 

7 (C) Section 4081(d)(1). 

8 (2) Each of the following provisions of such 

9 Code is amended by striking ‘‘October 1, 2022’’ and 

10 inserting ‘‘October 1, 2027’’: 

11 (A) Section 4041(m)(1)(A). 

12 (B) Section 4051(c). 

13 (C) Section 4071(d). 

14 (D) Section 4081(d)(3). 

15 (b) EXTENSION OF TAX, ETC., ON USE OF CERTAIN

16 HEAVY VEHICLES.—Each of the following provisions of 

17 the Internal Revenue Code of 1986 is amended by striking 

18 ‘‘2023’’ each place it appears and inserting ‘‘2028’’: 

19 (1) Section 4481(f). 

20 (2) Subsections (c)(4) and (d) of section 4482. 

21 (c) FLOOR STOCKS REFUNDS.—Section 6412(a)(1) 

22 of the Internal Revenue Code of 1986 is amended— 

23 (1) by striking ‘‘October 1, 2022’’ each place it 

24 appears and inserting ‘‘October 1, 2027’’, 


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1 (2) by striking ‘‘March 31, 2023’’ each place it 

2 appears and inserting ‘‘March 31, 2027’’, and 

3 (3) by striking ‘‘January 1, 2023’’ and insert4 ing ‘‘January 1, 2028’’. 

5 (d) EXTENSION OF CERTAIN EXEMPTIONS.— 

6 (1) Section 4221(a) of the Internal Revenue 

7 Code of 1986 is amended by striking ‘‘October 1, 

8 2022’’ and inserting ‘‘October 1, 2027’’. 

9 (2) Section 4483(i) of such Code is amended by 

10 striking ‘‘October 1, 2023’’ and inserting ‘‘October 

11 1, 2028’’. 

12 (e) EXTENSION OF TRANSFERS OF CERTAIN

13 TAXES.— 

14 (1) IN GENERAL.—Section 9503 of the Internal 

15 Revenue Code of 1986 is amended— 

16 (A) in subsection (b)— 

17 (i) by striking ‘‘October 1, 2022’’ 

18 each place it appears in paragraphs (1) 

19 and (2) and inserting ‘‘October 1, 2027’’, 

20 (ii) by striking ‘‘OCTOBER 1, 2022’’ in 

21 the heading of paragraph (2) and inserting 

22 ‘‘OCTOBER 1, 2027’’, 

23 (iii) by striking ‘‘September 30, 

24 2022’’ in paragraph (2) and inserting 

25 ‘‘September 30, 2027’’, and 


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1 (iv) by striking ‘‘July 1, 2023’’ in 

2 paragraph (2) and inserting ‘‘July 1, 

3 2027’’, and 

4 (B) in subsection (c)(2), by striking ‘‘July 

5 1, 2023’’ and inserting ‘‘July 1, 2028’’. 

6 (2) SMALL-ENGINE FUEL TAX TRANSFERS.— 

7 Paragraph (4)(A) of section 9503(c) of such Code is 

8 amended by striking ‘‘October 1, 2022’’ and insert9 ing ‘‘October 1, 2027’’. 

10 (f) TERMINATION OF MOTORBOAT FUEL TAX

11 TRANSFERS.— 

12 (1) IN GENERAL.—Paragraph (3)(A)(i) of sec13 tion 9503(c) of such Code is amended by striking 

14 ‘‘October 1, 2022’’ and inserting ‘‘October 1, 2021’’. 

15 (2) CONFORMING AMENDMENTS TO LAND AND

16 WATER CONSERVATION FUND.—Section 200310 of 

17 title 54, United States Code, is amended— 

18 (A) by striking ‘‘October 1, 2023’’ each 

19 place it appears and inserting ‘‘October 1, 

20 2022’’; and 

21 (B) by striking ‘‘October 1, 2022’’ and in22 serting ‘‘October 1, 2021’’. 

23 (g) EFFECTIVE DATE.—The amendments made by 

24 this section shall take effect on October 1, 2021. 

Æ 


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