[Congressional Record Volume 167, Number 138 (Tuesday, August 3, 2021)]
[Senate]
[Pages S5782-S5783]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2450. Mr. BARRASSO (for himself, Mr. Tester, Mr. Daines, Mr.
Thune, and Mr. Cramer) 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:
At the end of subtitle B of title I of division A, add the
following:
SEC. 112__. EXEMPTIONS FOR LOW POPULATION DENSITY STATES.
Section 150 of title 23, United States Code, is amended by
adding at the end the following:
``(f) Exemptions for Low Population Density States.--
``(1) In general.--The Secretary shall grant, on the
election of and in consultation with a State, an exemption
from 1 or more of the requirements described in paragraph
(2)(A) if the State--
``(A) is on the list of eligible States under paragraph (5)
for the applicable performance period; and
``(B) provides a written notice of the election that
includes an explanation under paragraph (4)(A).
``(2) Requirements described.--
``(A) State requirements.--The requirements from which a
State described in paragraph (1) may elect an exemption are--
``(i) requirements established under subclauses (IV) and
(V) of subsection (c)(3)(A)(ii);
``(ii) requirements established under subsection (c)(5)(A);
``(iii) requirements established under subsection (c)(6);
and
``(iv) targeting, data, reporting, or administrative
requirements established under subsections (d) and (e) that
are related to a requirement described in clause (i), (ii),
or (iii) from which the State elects to receive an exemption.
``(B) Metropolitan planning organization requirements.--A
metropolitan planning organization with a metropolitan
planning area that is located entirely within a State that is
exempt shall be exempt from the requirements under section
134(h)(2)(B) that relate to each measure described in
subparagraph (A) from which the State of the metropolitan
planning organization is exempt.
``(3) Term.--An exemption applied under paragraph (1) --
``(A) shall be in effect until the date that is 4 years
after the date on which the performance period promulgated by
the Secretary under subsection (d) in effect at the time the
exemption is applied ends; and
``(B) may be renewed by the State for an additional 4-year
term at the end of each performance period if, in accordance
with paragraph (4)--
``(i) the State submits another written explanation; and
``(ii) the State continues to be included on the list of
eligible States under paragraph (5).
``(4) Notification of election of exemption.--
``(A) In general.--To be eligible to make an election under
paragraph (1), not later than September 1 of the calendar
year preceding the calendar year in which the next
performance period promulgated by the Secretary under
subsection (d) begins, a State described in that paragraph--
``(i) shall submit to the Secretary--
``(I) identification of the 1 or more requirements
described in paragraph (2)(A) for which an exemption is
elected; and
``(II) a written notice that includes an explanation
advising the Secretary that the State is not experiencing
significant performance issues on the surface transportation
system of the State with respect to each requirement referred
to in subclause (I); and
``(ii) may submit to the Secretary any other information or
material that the State chooses to include in the notice.
``(B) Special rule.--Notwithstanding the deadline described
in subparagraph (A), a State described in paragraph (1) may
submit a notice under subparagraph (A) at any time before
September 1, 2022.
``(5) Eligible states.--
``(A) In general.--Not later than 60 days after the date of
enactment of this subsection and thereafter, on each
September 1 of the calendar year 2 years prior to the
calendar year in which the next performance period
promulgated by the Secretary under subsection (d) begins, the
Secretary shall publish a list of States that may elect to
receive an exemption from a requirement described in
paragraph (2)(A).
``(B) Inclusions.--The Secretary shall include on the list
under subparagraph (A)--
``(i) any State that--
``(I) has a population per square mile of area that is less
than the population per square mile of area of the United
States, based on the latest available Bureau of the Census
data at the time the Secretary publishes the list;
``(II) does not include an urbanized area with a population
of over 200,000 within the State; and
``(III) has no repeated delays or other persistent
impediments to travel reliability on the portions of the
National Highway System in the State that the Secretary
determines to be excessive; and
``(ii) based on the latest available Bureau of the Census
data at the time the Secretary publishes the list, any State
that--
``(I) has a population density of less than 15 persons per
square mile of area; and
``(II) does not include an urbanized area with a population
of over 200,000.
``(6) National reporting.--
``(A) Eligible states.--For each State included on the list
of eligible States under paragraph (5), the Secretary shall
submit to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on
the status of traffic congestion, travel reliability, truck
travel reliability, and any other relevant performance
metrics on the portions of the National Highway System in the
State, including any delays or impediments that the Secretary
determines to be excessive.
[[Page S5783]]
``(B) Exempt states.--For each eligible State under
paragraph (5) that elects to receive an exemption under
paragraph (1), the Secretary shall--
``(i) submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on
the results of performance measures for all exemptions
applied to that State under this subsection; and
``(ii) make publicly available as part of the State
performance dashboard on the Department of Transportation
website information on the performance of the State with
respect to any requirements from which the State is
exempt.''.
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