[Congressional Record Volume 167, Number 137 (Monday, August 2, 2021)]
[Senate]
[Page S5574]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2143. Mr. KAINE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        On page 203, strike line 17 and insert the following:
     the project is located on a Federal-aid highway.
       ``(t) State of Good Repair.--
       ``(1) In general.--The Secretary shall not approve any 
     project funded, in whole or in part, with funds apportioned 
     pursuant to section 104(b) that will result in new through 
     travel lanes for single occupancy vehicles, excluding 
     auxiliary lanes and high occupancy vehicle toll lanes 
     pursuant to section 166, unless the State or project 
     sponsor--
       ``(A) has demonstrated progress in achieving a state of 
     good repair as required by the State's asset management plan 
     under section 119(e) of this title;
       ``(B) demonstrates that the project--
       ``(i) supports the achievement of performance targets of 
     the State established under section 150; and
       ``(ii) is more cost effective, as determined by benefit-
     cost analysis, than--

       ``(I) an operational improvement to the facility or 
     corridor;
       ``(II) the construction of a public transportation project 
     eligible for assistance under chapter 53 of title 49; and
       ``(III) the construction of a non-single occupancy 
     passenger vehicle project that improves freight movement; and

       ``(C) has a public plan for maintaining and operating the 
     new asset while continuing progress of the State or project 
     sponsor in achieving a state of good repair under 
     subparagraph (A).
       ``(2) Benefit-cost analysis.--In carrying out paragraph 
     (1)(B)(ii), the Secretary shall establish a process for 
     analyzing the cost and benefits of projects under that 
     paragraph, ensuring that--
       ``(A) the benefit-cost analysis includes a calculation of 
     all the benefits addressed in the performance measures 
     established under section 150;
       ``(B) the benefit-cost analysis includes a consideration of 
     the total maintenance cost of an asset over the lifecycle of 
     the asset; and
       ``(C) the State demonstrates that any transportation demand 
     modeling used to calculate the benefit-cost analysis is based 
     on retrospective analysis of the accuracy of past forecasting 
     and calibration to real-word conditions or has a documented 
     record of accuracy.
       ``(3) Savings clause.--The provisions of this subsection 
     shall not apply to any project that is fully funded in an 
     adopted State transportation improvement program as of the 
     date of enactment of this subsection.''.
                                 ______