Sec. 5. Federal-aid highway program
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Section 104(a) of title 23, United States Code, is amended by striking paragraph
(1)and inserting the following: There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for each of fiscal years 2019 through 2023, to be made available to the Secretary for administrative expenses of the Federal Highway Administration, an amount equal to 1 percent of the balance of the Highway Trust Fund (other than the Mass Transit Account) as estimated (taking into account estimated revenues) at the beginning of each such fiscal year. Notwithstanding any other provision of law, it shall not be in order in the Senate or the House of Representatives to consider any measure that would make available for expenditure from the Highway Trust Fund (other than the Mass Transit Account) for a fiscal year an amount less than the amount authorized under subparagraph
(A)for such fiscal year. Clause
(i)may be waived or suspended in the Senate only by the affirmative vote of 3/5 of the Members, duly chosen and sworn. Debate on appeals in the Senate from the decisions of the Chair relating to subclause
(I)shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the measure that would make available for expenditure from the Highway Trust Fund (other than the Mass Transit Account) for a fiscal year an amount less than the amount described in subparagraph (A). An affirmative vote of 3/5 of the Members, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised in relation to subclause (I). This subparagraph is enacted by Congress— as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with those rules; and with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. . Section 104(b) of title 23, United States Code, is amended— in the matter preceding paragraph (1), by striking the congestion mitigation and air quality improvement program, the national highway freight program, and to carry out section 134 and inserting and the national highway freight program ; in each of paragraphs (1), (2), and (3), by striking paragraphs (4), (5), and
(6)and inserting paragraph
(4); by striking paragraph (4); by redesignating paragraph
(5)as paragraph (4); in paragraph
(4)(as so redesignated), by striking subparagraph (D); and by striking paragraph (6). Section 104(c) of title 23, United States Code, is amended— in paragraph (1)— in the matter preceding subparagraph (A), by striking each of fiscal years 2016 through 2020 and inserting fiscal year 2019 and each fiscal year thereafter ; and in subparagraph (A)(i)— in subclause (I), by adding and at the end; in subclause (II), by striking and and inserting by ; and by striking subclause (III); and in paragraph (2)— by striking fiscal years 2016 through 2020 and inserting fiscal year 2019 and each fiscal year thereafter ; and by striking the congestion mitigation and air quality improvement program under section 149, the national highway freight program under section 167, and to carry out section 134 and inserting and the national highway freight program under section 167 . Section 104(d) of title 23, United States Code, is amended— in paragraph (1)— by striking subparagraph (B); by striking
(A); Use .— by redesignating clauses
(i)and
(ii)as subparagraphs
(A)and (B), respectively, and indenting appropriately; in subparagraph
(A)(as so redesignated)— by striking clause
(ii)and inserting subparagraph
(B); and by inserting (as in effect on the day before the date of enactment of the Transportation Empowerment Act) after section 134 in the State ; and in subparagraphs
(A)and
(B)(as so redesignated), by inserting (as in effect on the day before the date of enactment of the Transportation Empowerment Act) after paragraphs (5)(D) and
(6)of subsection
(b)each place it appears; and in paragraph (2)— by striking and all that follows through States .— The distribution in subparagraph (A), in the matter preceding clause (i), and inserting ; States .—The distribution in clause (ii), by striking section 134 and other ; by striking subparagraph (B); and by redesignating clauses
(i)and
(ii)as subparagraphs
(A)and (B), respectively, and indenting appropriately. Section 104 of title 23, United States Code, is amended by striking subsection
(f)and inserting the following: To the extent that a State determines that funds made available under this title to the State for a purpose are in excess of the needs of the State for that purpose, the State may transfer the excess funds to, and use the excess funds for, any surface transportation (including public transportation and rail) purpose in the State. If the Secretary determines that a State has transferred funds under paragraph
(1)to a purpose that is not a surface transportation purpose as described in paragraph (1), the amount of the improperly transferred funds shall be deducted from any amount the State would otherwise receive from the Highway Trust Fund for the fiscal year that begins after the date of the determination. . Section 104(h) of title 23, United States Code, is amended— by striking paragraph (2); by striking the subsection designation and heading and all that follows through Before in subparagraph (A), in the matter preceding clause (i), and inserting the following: Before ; by redesignating subparagraph
(B)as paragraph
(2)and indenting appropriately; in paragraph
(1)(as so redesignated), by redesignating clauses
(i)and
(ii)as subparagraphs
(A)and
(B)and indenting appropriately; and in paragraph
(2)(as so redesignated), by striking subparagraph
(A)and inserting paragraph
(1). Section 104(i) of title 23, United States Code, is amended— in paragraph (1), by striking the congestion mitigation and air quality improvement program under section 149, the national highway freight program under section 167, and to carry out section 134 and inserting and the national highway freight program under section 167 ; and in paragraph (2), by striking and the surface transportation block grant program . Section 119(d)(2) of title 23, United States Code, is amended— by striking subparagraph (H); by striking subparagraph (M); by striking subparagraph (O); and by redesignating subparagraphs (I), (J), (K), (L), (N), and
(P)as subparagraphs (H), (I), (J), (K), (L), and (M), respectively. Section 119 of title 23, United States Code, is amended— by striking subsection (g); and by redesignating subsections
(h)through
(j)as subsections
(g)through (i), respectively. Section 133(b) of title 23, United States Code, is amended— by striking paragraph (3); by striking paragraph
(6)and inserting the following: modifications to comply with accessibility requirements under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.). ; by striking paragraph (15); and by redesignating paragraphs
(4)through
(14)as paragraphs
(3)through (13), respectively. Section 133 of title 23, United States Code, is amended— by striking subsection (f); by striking subsection (h); and by redesignating subsections
(g)and
(i)as subsections
(f)and (g), respectively. Section 133(c) of title 23, United States Code, is amended by striking 1991, except in the matter preceding paragraph
(1)and all that follows through the period at the end of paragraph
(4)and inserting 1991. . Section 133(d)(1) of title 23, United States Code, is amended in the matter preceding subparagraph
(A)by striking (after the reservation of funds under subsection (h)) . Section 133(g) of title 23, United States Code (as redesignated by paragraph (2)(C)), is amended by striking (excluding those carried out under subsection (h)(5)) . Section 165(c)(7) of title 23, United States Code, is amended by striking paragraphs
(1)through
(4)of section 133(c) and section 133(b)(12) and inserting section 133(b)(11) . Section 134 of title 23, United States Code, is repealed. The chapter analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 134. Section 2864(d)(2) of title 10, United States Code, is amended by inserting (as in effect on the day before the date of enactment of the Transportation Empowerment Act) after title 23 . Section 103(b)(3) of title 23, United States Code, is amended by striking subparagraph
(B)and inserting the following: In proposing a modification under this paragraph, a State shall cooperate with local and regional officials. . Section 106(h)(3)(C) of title 23, United States Code, is amended by striking sections 134 and 135 and inserting section 135 . Section 108(d)(5)(A) of title 23, United States Code, is amended by striking sections 134 and 135 and inserting section 135 . Section 119(d)(1)(B) of title 23, United States Code, is amended by striking sections 134 and 135 and inserting section 135 . Section 133(d) of title 23, United States Code, is amended— in paragraph (1)(A), in the matter preceding clause (i), by striking paragraph
(6)and inserting paragraph
(5); by striking paragraph (2); in paragraph (5), by striking sections 134 and 135 and inserting section 135 ; and by redesignating paragraphs
(3)through
(6)as paragraphs
(2)through (5), respectively. Section 135 of title 23, United States Code, is amended— in subsection (a)— in paragraph (1)— by striking Subject to section 134, to and inserting To ; and by inserting (as in effect on the day before the date of enactment of the Transportation Empowerment Act) after section 134(a) ; and in paragraph (3), by inserting (as in effect on the day before the date of enactment of the Transportation Empowerment Act) after section 134(a) ; in subsection (b)(1), by striking with the transportation planning activities carried out under section 134 for metropolitan areas of the State and ; in subsection (f)— in paragraph (2)— by striking subparagraph (A); and by redesignating subparagraphs (B), (C), and
(D)as subparagraphs (A), (B), and (C), respectively; by striking paragraph (4); in paragraph (6), by striking paragraph
(5)and inserting paragraph
(4); and by redesignating paragraphs
(5)through
(9)as paragraphs
(4)through (8), respectively; in subsection (g)— in paragraph (2)— by striking subparagraph (A); and by redesignating subparagraphs
(B)and
(C)as subparagraphs
(A)and (B), respectively; and in paragraph (8), by striking and section 134 ; in subsection (i), by striking apportioned under paragraphs (5)(D) and
(6)of section 104(b) of this title and ; in subsection (j), by striking and section 134 each place it appears; and by adding at the end the following: In this section, the definitions under section 134(b) (as in effect on the day before the date of enactment of the Transportation Empowerment Act ) shall apply. . Section 137 of title 23, United States Code, is amended— by striking subsection (e); and by redesignating subsections
(f)and
(g)as subsections
(e)and (f), respectively. Section 142 of title 23, United States Code, is amended— by striking subsection (d); and by redesignating subsections
(e)through
(i)as subsections
(d)through (h), respectively. Section 144(j) of title 23, United States Code, is amended— in paragraph (3)(B), by striking a transportation improvement program under section 134(j) or a statewide transportation improvement program under section 135, as applicable and inserting a statewide transportation improvement program under section 135 ; and in paragraph (4)(A), by striking sections 134 and 135 and inserting section 135 . Section 168(a)(3) of title 23, United States Code, is amended by striking metropolitan or statewide transportation planning under section 134 or 135, respectively and inserting statewide transportation planning under section 135 . Section 201(c)(1) of title 23, United States Code, is amended by striking sections 134 and 135 and inserting section 135 . Section 217(g)(1) of title 23, United States Code, is amended in the first sentence by striking metropolitan planning organization and State in accordance with sections 134 and 135, respectively and inserting State in accordance with section 135 . Section 327(a)(2)(B)(iv)(I) of title 23, United States Code, is amended by striking 134 or . Section 505 of title 23, United States Code, is amended— in subsection (a)(2)— by striking metropolitan and ; and by striking sections 134 and 135 and inserting section 135 ; and in subsection (b)(2), by striking sections 134 and 135 and inserting section 135 . Section 602(a)(3) of title 23, United States Code, is amended by striking sections 134 and 135 and inserting section 135 . Section 174 of the Clean Air Act ( 42 U.S.C. 7504 ) is amended— in the fourth sentence of subsection (a), by striking the metropolitan planning organization designated to conduct the continuing, cooperative and comprehensive transportation planning process for the area under section 134 of title 23, United States Code, ; by striking subsection (b); and by redesignating subsection
(c)as subsection (b). Section 176(c) of the Clean Air Act ( 42 U.S.C. 7506(c) ) is amended— in paragraph (1), in the matter preceding subparagraph (A), by striking the second sentence; in paragraph (7)(A), in the matter preceding clause (i), by striking section 134(i) of title 23, United States Code, or ; and in paragraph (9)— by striking section 134(i) of title 23, United States Code, or ; and by striking under section 134(j) of such title 23 or . Section 182(c)(5) of the Clean Air Act ( 42 U.S.C. 7511a(c)(5) ) is amended— by striking
(A)Beginning and inserting Beginning ; and in the last sentence by striking and with the requirements of section 174(b) . Section 5304(i) of title 49, United States Code, is amended— by striking sections 134 and 135 each place it appears and inserting section 135 ; and by striking this this and inserting this . Section 144 of title 23, United States Code, is amended— in subsection (e)(1) by inserting on the Federal-aid system after any bridge ; and in subsection (f)(1), in the matter preceding subparagraph (A), by inserting on the Federal-aid system after construct any bridge . Section 144 of title 23, United States Code, is amended— by striking subsection (g); and by redesignating subsections
(h)through
(k)as subsections
(g)through (j), respectively. Section 148 of title 23, United States Code, is amended— in subsection (a)— by striking paragraph (2); in paragraph (4)(B)— by striking clause (v); by redesignating clauses
(vi)through (xxviii) as clauses
(v)through (xxvii), respectively; and in clause (xxvii) (as so redesignated), by striking clauses
(i)through (xxvii) and inserting clauses
(i)through
(xxvi); in paragraph (8), by striking bicyclist, ; by striking paragraphs
(9)through (12); and by redesignating paragraphs
(3)through
(8)as paragraphs
(2)through (7), respectively; by striking subsections
(b)through (i); and by redesignating subsections
(j)and
(k)as subsections
(b)and (c), respectively. Section 101(a)(28) of title 23, United States Code, is amended by inserting (as in effect on the day before the date of enactment of the Transportation Empowerment Act) after section 148(a) . Section 202(e)(1) of title 23, United States Code, is amended by striking eligible projects described in section 148(a)(4) and inserting highway safety improvement projects (as defined in section 148(a)) . Section 402(b)(1)(F)(v) of title 23, United States Code, is amended by inserting (as in effect on the day before the date of enactment of the Transportation Empowerment Act) after section 148(a) . Section 31102 of title 49, United States Code, is amended— in subsection (c)(2)— by striking subparagraph (K); and by redesignating subparagraphs
(L)through
(BB)as subparagraphs
(K)through (AA), respectively; in subsection (d), by striking subsection (c)(2)(Y) and inserting subsection (c)(2)(X) ; and in subsection (l)(2)(G), by striking subsection (c)(2)(P) each place it appears and inserting subsection (c)(2)(O) . Section 149 of title 23, United States Code, is repealed. The chapter analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 149. Section 106(d) of title 23, United States Code, is amended in the matter preceding paragraph (1), by striking section, section 133, or section 149 and inserting section or section 133 . Section 150 of title 23, United States Code, is amended— in subsection (c)— by striking paragraph (5); and by redesignating paragraph
(6)as paragraph (5); and in subsection (d)(1), by striking (5), and
(6)and inserting and
(5). Section 322(h)(3) of title 23, United States Code, is amended by striking and the congestion mitigation and air quality improvement program under section 149 . Section 505(a)(3) of title 23, United States Code, is amended by striking 149, . Section 311 of title 23, United States Code, is amended— in the first sentence, by striking under subsection
(a)of section 104 of this title and inserting to carry out this section ; and by striking the second sentence.
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