August 2, 2021 CONGRESSIONAL RECORD — SENATE S5569 the bill H.R. 3684, supra; which was ordered and Mr. ROMNEY)) to the bill H.R. 3684, an amendment intended to be proposed to lie on the table. to authorize funds for Federal-aid high- to amendment SA 2137 proposed by Mr. SA 2299. Mrs. BLACKBURN submitted an ways, highway safety programs, and SCHUMER (for Ms. SINEMA (for herself, amendment intended to be proposed to transit programs, and for other pur- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- amendment SA 2137 proposed by Mr. SCHU- poses; which was ordered to lie on the SIDY HAHEEN OLLINS MER (for Ms. SINEMA (for herself, Mr. , Mrs. S , Ms. C , Mr. PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs. table; as follows: TESTER, Ms. MURKOWSKI, Mr. WARNER, SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR- In division D, strike section 40909 and in- and Mr. ROMNEY)) to the bill H.R. 3684, KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to sert the following: to authorize funds for Federal-aid high- the bill H.R. 3684, supra; which was ordered SEC. 40909. CLARIFICATION OF AUTHORITY TO ways, highway safety programs, and to lie on the table. USE CORONAVIRUS FISCAL RECOV- transit programs, and for other pur- SA 2300. Mr. CRUZ (for himself and Mr. ERY FUNDS TO MEET A NON-FED- ERAL MATCHING REQUIREMENT poses; which was ordered to lie on the WARNOCK) submitted an amendment in- FOR AUTHORIZED WATER table; as follows: tended to be proposed to amendment SA 2137 PROJECTS. At the end of title III of division A, insert proposed by Mr. SCHUMER (for Ms. SINEMA (a) CORONAVIRUS STATE FISCAL RECOVERY the following: (for herself, Mr. PORTMAN, Mr. MANCHIN, Mr. FUND.—Section 602(c) of the Social Security CASSIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. Act (42 U.S.C. 802(c)) is amended by adding at SEC. 13011. ESTABLISHING JOB TRAINING FED- TESTER, Ms. MURKOWSKI, Mr. WARNER, and the end the following: ERAL PELL GRANTS; ELIMINATING SHORT-TERM EDUCATION LOAN Mr. ROMNEY)) to the bill H.R. 3684, supra; ‘‘(4) USE OF FUNDS TO SATISFY NON-FEDERAL PROGRAMS; TECHNICAL CORREC- which was ordered to lie on the table. MATCHING REQUIREMENTS FOR AUTHORIZED TIONS. SA 2301. Ms. KLOBUCHAR submitted an WATER PROJECTS.—Funds provided under this (a) ELIMINATING SHORT-TERM EDUCATION amendment intended to be proposed to section for a project undertaken or funded by LOAN PROGRAMS.—Section 481(b) of the High- amendment SA 2137 proposed by Mr. SCHU- the Bureau of Reclamation pursuant to an er Education Act of 1965 (20 U.S.C. 1088(b)) is MER (for Ms. SINEMA (for herself, Mr. Act of Congress may be used for purposes of amended by adding at the end the following: PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs. satisfying any non-Federal matching re- ‘‘(5) The Secretary shall eliminate the SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR- quirement required for the project.’’. short-term education loan program, as au- (b) CORONAVIRUS LOCAL FISCAL RECOVERY KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to thorized under paragraph (2), on the date FUND.—Section 603(c) of the Social Security the bill H.R. 3684, supra; which was ordered that is 120 days after the date the Secretary Act (42 U.S.C. 803(c)) is amended by adding at to lie on the table. establishes the application for Job Training the end the following: f Federal Pell Grants under section 401(k).’’. ‘‘(5) USE OF FUNDS TO SATISFY NON-FEDERAL (b) TECHNICAL CORRECTIONS.—Section 481(d) MATCHING, MAINTENANCE OF EFFORT, OR OTHER TEXT OF AMENDMENTS of the Higher Education Act of 1965 (20 U.S.C. EXPENDITURE REQUIREMENT.—Funds provided 1088(d)) is amended— SA 2138. Mrs. FEINSTEIN (for herself under this section for a project undertaken (1) in paragraph (4)— and Mr. PADILLA) submitted an amend- or funded by the Bureau of Reclamation pur- (A) in subparagraph (A), by striking ment intended to be proposed to suant to an Act of Congress may be used for ‘‘under section 12301(a), 12301(g), 12302, 12304, amendment SA 2137 proposed by Mr. purposes of satisfying any non-Federal or 12306 of title 10, United States Code, or matching requirement required for the SCHUMER (for Ms. SINEMA (for herself, any retired member of an Armed Force or- project.’’. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- dered to active duty under section 688 of (c) EFFECTIVE DATE.—The amendments SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. made by this section shall take effect as if such title,’’ and inserting ‘‘, or any retired TESTER, Ms. MURKOWSKI, Mr. WARNER, included in the enactment of section 9901 of member of an Armed Force ordered to active and Mr. ROMNEY)) to the bill H.R. 3684, the American Rescue Plan Act of 2021 (Pub- duty,’’; and to authorize funds for Federal-aid high- lic Law 117–2; 135 Stat. 223). (B) in subparagraph (B), by striking ‘‘an ways, highway safety programs, and Armed Force’’ and inserting ‘‘a Uniformed transit programs, and for other pur- SA 2140. Ms. DUCKWORTH (for her- Service’’; and self, Mr. CASEY, and Mr. BROWN) sub- (2) in paragraph (5), by striking ‘‘and sup- poses; which was ordered to lie on the ported by Federal funds’’. table; as follows: mitted an amendment intended to be proposed to amendment SA 2137 pro- (c) CURRENT ENACTMENT OF JOB TRAINING In section 40901(4)(A) of division D, strike FEDERAL PELL GRANT PROGRAM.—Section 401 posed by Mr. SCHUMER (for Ms. SINEMA clause (ii) and insert the following: of the Higher Education Act of 1965 (20 U.S.C. (ii) selected for funding under the competi- (for herself, Mr. PORTMAN, Mr. 1070a) is amended by adding at the end the tive grant program authorized pursuant to MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, following: section 1602(f) of the Reclamation Waste- Ms. COLLINS, Mr. TESTER, Ms. MUR- ‘‘(k) JOB TRAINING FEDERAL PELL GRANT water and Groundwater Study and Facilities KOWSKI, Mr. WARNER, and Mr. ROMNEY)) PROGRAM.— Act (43 U.S.C. 390h(f)), with funding under to the bill H.R. 3684, to authorize funds ‘‘(1) DEFINITIONS.—In this subsection: this subparagraph to be provided in accord- for Federal-aid highways, highway ‘‘(A) CAREER AND TECHNICAL EDUCATION.— ance with that section, notwithstanding sec- safety programs, and transit programs, The term ‘career and technical education’ tion 4013 of the Water Infrastructure Im- and for other purposes; which was or- has the meaning given the term in section 3 provements for the Nation Act (43 U.S.C. 390b dered to lie on the table; as follows: of the Carl D. Perkins Career and Technical note; Public Law 114–322), except that— Education Act. On page 2690, line 11, insert after ‘‘et seq.):’’ (I) section 1602(g)(2) of the Reclamation ‘‘(B) ELIGIBLE JOB TRAINING PROGRAM.— the following: ‘‘Provided further, That an eli- Wastewater and Groundwater Study and Fa- ‘‘(i) IN GENERAL.—The term ‘eligible job gible entity that receives a grant under this cilities Act (43 U.S.C. 390h(g)(2)) shall not training program’ means a career and tech- heading in this Act shall adopt a plan under apply to amounts made available under this nical education program at an eligible insti- which the entity commits to pursuing public subparagraph; and tution of higher education that— transportation accessibility projects that: (1) ‘‘(I) provides not less than 150, and not (II) the amounts made available under this enhance the customer experience and maxi- more than 600, clock hours of instructional subparagraph shall not exceed the lesser of— mize accessibility of rolling stock and sta- time over a period of not less than 8 weeks (aa) notwithstanding section 1631(d) of the tions or facilities for passenger use for indi- Reclamation Wastewater and Groundwater viduals with disabilities, including accessi- and not more than 15 weeks; Study and Facilities Act (43 U.S.C. 390h- bility for individuals with physical disabil- ‘‘(II) provides training aligned with the re- 13(d)), $30,000,000 for each water recycling ities, including those who use wheelchairs, quirements of high-skill, high-wage, or in-de- and reuse project provided funding under accessibility for individuals with sensory mand industry sectors or occupations in the this subparagraph; and disabilities, and accessibility for individuals State or local area in which the job training (bb) the amount that is equal to 25 percent with intellectual or developmental disabil- program is provided, as determined by— of the costs of the water recycling and reuse ities; (2) improve the operations of, provide ‘‘(aa) a State board or local board; project provided funding under this subpara- efficiencies of service to, and enhance the ‘‘(bb) a State plan, as described in section graph; and public transportation system for individuals 122(d)(13)(C) of the Carl D. Perkins Career with disabilities; and (3) address equity of and Technical Education Act of 2006; or SA 2139. Mrs. FEINSTEIN (for herself service to all riders regardless of income, ‘‘(cc) a comprehensive local needs assess- and Mr. RISCH) submitted an amend- age, race, or ability, taking into account his- ment, as described in section 134(c) of the ment intended to be proposed to torical and current service gaps for low-in- Carl D. Perkins Career and Technical Edu- amendment SA 2137 proposed by Mr. come riders, older individuals, riders from cation Act of 2006; communities of color, and riders with dis- ‘‘(III) is a program— SCHUMER (for Ms. SINEMA (for herself, abilities:’’. ‘‘(aa) provided through an eligible training Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- provider, as described under section 122(d) of SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. SA 2141. Mr. KAINE (for himself, Mr. the Workforce Innovation and Opportunity TESTER, Ms. MURKOWSKI, Mr. WARNER, PORTMAN, and Mr. OSSOFF) submitted Act; and

VerDate Sep 11 2014 03:33 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.022 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5570 CONGRESSIONAL RECORD — SENATE August 2, 2021 ‘‘(bb) subject to the reporting requirements ‘‘(aa) major disaster or emergency declared completed coursework without a fee or mon- of section 116(d)(4) of the Workforce Innova- by the President under section 401 or 501 of etary charge and without regard to any bal- tion and Opportunity Act, or would be sub- the Robert T. Stafford Disaster Relief and ance owed to the institution; and ject to such requirements except for a waiver Emergency Assistance Act (42 U.S.C. 5170 ‘‘(IV) shall prohibit such program and any issued to a State under section 189(i) of the and 5191); or substantially similar program, from being Workforce Innovation and Opportunity Act; ‘‘(bb) national emergency declared by the considered an eligible job training described ‘‘(IV) provides a student, upon completion President under section 201 of the National in this subsection for a period of not less of the program, with a degree or recognized Emergencies Act (50 U.S.C. 1601 et seq.); than 5 years. postsecondary credential that is stackable ‘‘(XII) is provided not less than 50 percent ‘‘(vi) ADDITIONAL ASSURANCE BY STATE and portable across multiple employers and directly by the eligible institution of higher BOARD.—The Secretary shall not determine geographical areas; education; that a program is an eligible job training ‘‘(V) has demonstrated that the median ‘‘(XIII) may include integrated education program in accordance with clause (ii) unless change in total earnings for students who and training; and the Secretary receives a certification from complete the program is an increase of not ‘‘(XIV) may be offered as part of a program the State board representing the State in less than 20 percent, in accordance with that— which the eligible job training program is paragraph (2); ‘‘(aa) meets the requirements of section provided, containing an assurance that the ‘‘(VI) publishes prominently on the website 484(d)(2); program meets the requirements of clause of the institution, and provides a written dis- ‘‘(bb) is part of a career pathway, as de- (i). fined in section 3 of the Workforce Innova- ‘‘(C) TOTAL EARNINGS.—For the purposes of closure to each prospective student prior to tion and Opportunity Act; and this subsection, the term ‘total earnings’ entering into an enrollment agreement for ‘‘(cc) is aligned to a program of study, as means the median annual earnings. such program (which each such student shall defined in section 3 of the Carl D. Perkins ‘‘(D) ELIGIBLE INSTITUTION OF HIGHER EDU- confirm receiving through a written affirma- Career and Technical Education Act of 2006. CATION.—For the purposes of this subsection, tion prior to entering such enrollment agree- ‘‘(ii) APPROVAL BY THE SECRETARY.— the term ‘eligible institution of higher edu- ment) containing, at a minimum, the fol- ‘‘(I) IN GENERAL.—In the case of a program cation’ means— lowing information calculated, as applicable, that is seeking to establish initial eligibility ‘‘(i) an institution of higher education, as in accordance with paragraph (8)— as an eligible job training program under defined in section 101; ‘‘(aa) the required tuition and fees of the this subparagraph, the Secretary shall make ‘‘(ii) a postsecondary vocational institu- program; a determination whether the program meets tion, as defined in section 102(c); and ‘‘(bb) the difference between required tui- the requirements of this subparagraph not ‘‘(iii) an institution of higher education— tion and fees described in item (aa) and any more than 120 days after the date on which ‘‘(I) approved by an accrediting agency or grant aid (which does not need to be repaid) such program is submitted for consideration association that meets the requirements of provided to the student; as an eligible job training program. If the section 496(a)(4)(C); ‘‘(cc) the completion rate of the program; Secretary determines the program meets the ‘‘(II) that has not been a proprietary insti- ‘‘(dd) the percentage of students placed or requirements of this paragraph, the Sec- tution of higher education, as defined in sec- retained in employment, measured at not retary shall grant an initial period of ap- tion 102(b), within the previous 3 years; and less than 6 months and 1 year, respectively, proval of 2 years. The Secretary shall enable ‘‘(III) that has not been subject, during any after completion of the program; institutions to apply for eligible job training of the preceding 5 years, to— ‘‘(ee) total earnings of students who com- program approval not later than 1 year after ‘‘(aa) any suspension, emergency action, or plete the program not less than 6 months the date of enactment of the Infrastructure termination of programs under this title; after completion of the program; Investment and Jobs Act. ‘‘(bb) any adverse action by the institu- ‘‘(ff) total earnings of students who do not ‘‘(II) PUBLICATION OF APPLICATION.—Not tion’s accrediting agency or association; or complete the program; later than 1 year after the date of enactment ‘‘(cc) any action by the State to revoke a ‘‘(gg) the ratio of the amount that is the of the Infrastructure Investment and Jobs license or other authority to operate. difference between required tuition and fees Act, the Secretary shall publish the applica- ‘‘(E) INSTITUTIONAL CREDIT ARTICULATION.— and any grant aid provided to the student de- tion for job training programs to submit for The term ‘institutional credit articulation’ scribed in item (bb) to the total earnings of approval as eligible job training programs. means the situation where an institution of students who complete the program not less The information required to determine eligi- higher education provides a student who has than 6 months after completion of the pro- bility in such application shall be consistent completed a noncredit program with the gram described in item (ee); with the requirements described in this sub- equivalent academic credit that may be ap- ‘‘(hh) an explanation, in clear and plain paragraph. plied to a subsequent credit-bearing certifi- language, of the ratio described in item (gg); ‘‘(iii) RENEWAL OF APPROVAL BY THE SEC- cate or degree program upon enrollment in and RETARY.—An eligible job training program such program at such institution. ‘‘(ii) in the case of a job training program that desires to continue eligibility as an eli- ‘‘(F) WIOA DEFINITIONS.—The terms ‘indus- that prepares students for a professional li- gible job training program after the period of try or sector partnership’, ‘in-demand indus- cense or certification exam, the share of initial approval described in clause (ii), or try sector or occupation’, ‘recognized post- such students who pass such exams; the subsequent period described in this secondary credential’, ‘local board’, and ‘‘(VII) has been determined by the eligible clause, shall submit a renewal application to ‘State board’ have the meanings given such institution of higher education (after valida- the Secretary (with such information as the terms in section 3 of the Workforce Innova- tion of that determination by an industry or Secretary may require), not more than 270 tion and Opportunity Act. sector partnership or State board or local days and not less than 180 days before the ‘‘(2) TOTAL EARNINGS INCREASE REQUIRE- board) to provide academic content, an end of the previous approval period. If the MENT.— amount of instructional time, and com- Secretary determines the program meets ‘‘(A) IN GENERAL.—Subject to subparagraph petencies to satisfy any applicable edu- such requirements, the Secretary shall grant (B), as a condition of participation under cational requirement for professional licen- another period of approval for 3 years. this subsection, the Secretary shall, using sure or certification, so that the student who ‘‘(iv) PERIODIC REVIEW BY THE SECRETARY.— the data collected under paragraph (8) and completes the program and seeks employ- The Secretary shall periodically review a such other information as the Secretary may ment is qualified to take any licensure or program previously approved under clause require, determine whether such job training certification examination needed to practice (ii) or (iii) to determine whether such pro- program meets the requirements of para- or find employment in such sectors or occu- gram is meeting the requirements of an eli- graph (1)(B)(i)(V) with respect to whether the pations that the program prepares students gible job training program described in this median change in annual earnings for stu- to enter; subsection. dents who complete the program is an in- ‘‘(VIII) has been in operation for not less ‘‘(v) REVOCATION OF APPROVAL BY THE SEC- crease of not less than 20 percent of the total than 1 year prior to becoming an eligible job RETARY.—If at any time the Secretary deter- earnings of such students before enrollment training program under this subsection; mines that a program previously approved in the program. For the purposes of this ‘‘(IX) does not exceed by more than 50 per- under clause (ii) or (iii) is no longer meeting paragraph, the Secretary shall determine cent the minimum number of clock hours re- any of the requirements of an eligible job such percentage change by calculating the quired by a State to receive a professional li- training program described in this sub- difference between the total earnings of stu- cense or certification in the State, if the section, the Secretary— dents who enroll in such programs not more State has established such a requirement; ‘‘(I) shall deny a subsequent renewal of ap- than 6 months prior to enrollment, and the ‘‘(X) includes institutional credit articula- proval in accordance with clause (iii) for total earnings of students who complete such tion for a student enrolled in a noncredit job such program after the expiration of the ap- program not more than 6 months after com- training program; proval period; pleting such program. ‘‘(XI) is not offered exclusively through ‘‘(II) may withdraw approval for such pro- ‘‘(B) DATE OF EFFECT.—The requirement distance education or a correspondence gram before the expiration of the approval under this paragraph shall take effect begin- course, except as determined by the Sec- period; ning on the date that is 1 year after the date retary to be necessary, on a temporary basis, ‘‘(III) shall ensure students who enrolled in the program has been approved as an eligible in connection with a— such programs have access to transcripts for job training program under this subsection.

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‘‘(3) APPEAL OF EARNINGS INFORMATION.— ‘‘(V) recipients of assistance under a tui- (1) IN GENERAL.—Section 401 of the Higher The Secretary’s determination under para- tion assistance program conducted by the Education Act of 1965 (20 U.S.C. 1070a), as graph (2) may include an appeals process to Department of Defense under section 1784a or amended by section 703 of the FAFSA Sim- permit job training programs to submit al- 2007 of title 10, United States Code (or other plification Act (title VII of division FF of ternate discretionary or total earnings data, authorities available to the Department of Public Law 116–260), is further amended by respectively, provided that such data are sta- Defense), or status as a veteran; adding at the end the following: tistically rigorous, accurate, comparable, ‘‘(VI) status as a first-time student or ‘‘(k) JOB TRAINING FEDERAL PELL GRANT and representative of students who complete transfer student from another institution; PROGRAM.— the program. ‘‘(VII) status as a first-generation student; ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(4) AUTHORIZATION OF AWARDS.—The Sec- ‘‘(VIII) status as parent or guardian of 1 or ‘‘(A) CAREER AND TECHNICAL EDUCATION.— retary shall award Federal Pell Grants to more dependent children; and The term ‘career and technical education’ students in eligible job training programs ‘‘(IX) status as a confined or incarcerated has the meaning given the term in section 3 (referred to as a ‘job training Federal Pell individual, as defined under section of the Carl D. Perkins Career and Technical Grant’). Each eligible job training Federal 484(t)(1)(A). Education Act of 2006. Pell Grant awarded under this subsection ‘‘(ii) The number and demographics, ‘‘(B) ELIGIBLE JOB TRAINING PROGRAM.— shall have the same terms and conditions, disaggregated by the categories listed in ‘‘(i) IN GENERAL.—The term ‘eligible job and be awarded in the same manner, as other clause (i), including, at a minimum, of— training program’ means a career and tech- Federal Pell Grants awarded under sub- ‘‘(I) students who complete the program; nical education program at an eligible insti- section (b), except a student who is eligible and tution of higher education that— to receive a job training Federal Pell Grant ‘‘(II) students who do not complete the pro- ‘‘(I) provides not less than 150, and not under this subsection is a student who— gram. more than 600, clock hours of instructional ‘‘(A) has not yet attained a ‘‘(iii) The required tuition and fees of the time over a period of not less than 8 weeks postbaccalaureate degree; program. and not more than 15 weeks; ‘‘(B) is enrolled, or accepted for enroll- ‘‘(iv) The earnings of students, ‘‘(II) provides training aligned with the re- ment, in an eligible job training program at disaggregated by the categories listed in quirements of high-skill, high-wage, or in-de- an eligible institution of higher education; clause (i), including, at a minimum— mand industry sectors or occupations in the and ‘‘(I) total earnings of students who com- State or local area in which the job training ‘‘(C) meets all other eligibility require- plete the program; and program is provided, as determined by— ments for a Federal Pell Grant (except with ‘‘(II) total earnings of students who do not ‘‘(aa) a State board or local board; respect to the type of program of study, as complete the program. ‘‘(bb) a State plan, as described in section provided in subparagraph (B)). ‘‘(v) Additional outcomes of the students 122(d)(13)(C) of the Carl D. Perkins Career ‘‘(5) AMOUNT OF AWARD.—The amount of a who complete the program, disaggregated by and Technical Education Act of 2006; or job training Federal Pell Grant for an eligi- the categories listed in clause (i), including, ‘‘(cc) a comprehensive local needs assess- ble student shall be determined under sub- at a minimum— ment, as described in section 134(c) of the section (b), except that a student who is eli- ‘‘(I) the completion rate of such students; Carl D. Perkins Career and Technical Edu- gible for less than the minimum Federal Pell ‘‘(II) the percentage of such students cation Act of 2006; Grant because the eligible job training pro- placed or retained in employment, measured ‘‘(III) is a program— gram is less than an academic year (in clock- at not less than 6 months and 1 year, respec- ‘‘(aa) provided through an eligible training hours and weeks of instructional time) may tively, after completion of the program; provider, as described under section 122(d) of still be eligible for a Federal Pell Grant. ‘‘(III) in the case of a job training program the Workforce Innovation and Opportunity ‘‘(6) INCLUSION IN TOTAL ELIGIBILITY PE- that prepares students for a professional li- Act; and RIOD.—Any period during which a student re- cense or certification exam, the share of ‘‘(bb) subject to the reporting requirements ceives a job training Federal Pell Grant such students who pass such exams; of section 116(d)(4) of the Workforce Innova- under this subsection shall be included in ‘‘(IV) the share of such students who con- tion and Opportunity Act, or would be sub- calculating the student’s period of eligibility tinue enrollment at the institution of higher ject to such requirements except for a waiver for Federal Pell Grants under subsection (d), education offering the program within 1 issued to a State under section 189(i) of the and the eligibility requirements regarding year; Workforce Innovation and Opportunity Act; students who are enrolled in an under- ‘‘(V) the share of such students who trans- ‘‘(IV) provides a student, upon completion graduate program on less than a full-time fer to another institution of higher edu- of the program, with a degree or recognized basis shall similarly apply to students who cation within 1 year; and postsecondary credential that is stackable are enrolled in an eligible job training pro- ‘‘(VI) the share of such students who com- and portable across multiple employers and gram at an eligible institution of higher edu- plete a subsequent certificate or degree pro- geographical areas; cation on less than a full-time basis. gram within 6 years. ‘‘(V) has demonstrated that the median ‘‘(7) SAME PAYMENT PERIOD.—No student ‘‘(C) EXCEPTIONS.—Notwithstanding any change in total earnings for students who may for the same payment period receive other provision of this paragraph— complete the program is an increase of not both a job training Federal Pell Grant under ‘‘(i) if disclosure of disaggregated data less than 20 percent, in accordance with this subsection and a Federal Pell Grant under subparagraph (B) is prohibited from paragraph (2); under this section. disclosure due to applicable privacy restric- ‘‘(VI) publishes prominently on the website ‘‘(8) INTERAGENCY DATA SHARING AND DATA tions, the Secretary may take such steps as of the institution, and provides a written dis- COLLECTION.— the Secretary determines necessary to pro- closure to each prospective student prior to ‘‘(A) INTERAGENCY DATA SHARING.—The Sec- vide meaningful disaggregated student de- entering into an enrollment agreement for retary shall coordinate and enter into a data mographic or outcome information, includ- such program (which each such student shall sharing agreement with the Secretary of ing by combining categories; and confirm receiving through a written affirma- Labor to ensure access to data necessary to ‘‘(ii) an institution may submit, and the tion prior to entering such enrollment agree- implement this paragraph, including such Secretary may publish, data required to be ment) containing, at a minimum, the fol- data related to indicators of performance collected under subparagraph (B) that is ob- lowing information calculated, as applicable, collected under section 116 of the Workforce tained through a State Unemployment In- in accordance with paragraph (8)— Innovation and Opportunity Act (29 U.S.C. surance Agency or through other supple- ‘‘(aa) the required tuition and fees of the 3141). mental means, in lieu of any additional data program; ‘‘(B) DATA ON ELIGIBLE JOB TRAINING PRO- collection, provided that such data are sta- ‘‘(bb) the difference between required tui- GRAMS.—Except as provided under subpara- tistically rigorous, accurate, comparable, tion and fees described in item (aa) and any graph (C), each institution of higher edu- and representative. grant aid (which does not need to be repaid) cation offering an eligible job training pro- ‘‘(D) REPORT.—Not later than July 1, 2025, provided to the student; gram for which the Secretary awards job the Secretary shall— ‘‘(cc) the completion rate of the program; training Federal Pell Grants under this sub- ‘‘(i) submit to the Committee on Health, ‘‘(dd) the percentage of students placed or section, the Secretary shall, on at least an Education, Labor, and Pensions of the Sen- retained in employment, measured at not annual basis, collect and publish data with ate and the Committee on Education and less than 6 months and 1 year, respectively, respect to each such eligible job training Labor of the House of Representatives a re- after completion of the program; program, including the following: port on the impact of an eligible job training ‘‘(ee) total earnings of students who com- ‘‘(i) The number and demographics of stu- program for which the Secretary awards job plete the program not less than 6 months dents who enroll in the program, including, training Federal Pell Grants under this sub- after completion of the program; at a minimum, disaggregated by— section, based on the most recent data col- ‘‘(ff) total earnings of students who do not ‘‘(I) sex; lected under subparagraph (B); and complete the program; ‘‘(II) race and ethnicity; ‘‘(ii) make the report described in clause (i) ‘‘(gg) the ratio of the amount that is the ‘‘(III) classification as a student with a dis- available publicly on the website of the De- difference between required tuition and fees ability; partment.’’. and any grant aid provided to the student de- ‘‘(IV) income quintile, as defined by the (d) FUTURE ENACTMENT OF JOB TRAINING scribed in item (bb) to the total earnings of Secretary; FEDERAL PELL GRANT PROGRAM.— students who complete the program not less

VerDate Sep 11 2014 03:33 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.024 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5572 CONGRESSIONAL RECORD — SENATE August 2, 2021 than 6 months after completion of the pro- bility in such application shall be consistent completed a noncredit program with the gram described in item (ee); with the requirements described in this sub- equivalent academic credit that may be ap- ‘‘(hh) an explanation, in clear and plain paragraph. plied to a subsequent credit-bearing certifi- language, of the ratio described in item (gg); ‘‘(iii) RENEWAL OF APPROVAL BY THE SEC- cate or degree program upon enrollment in and RETARY.—An eligible job training program such program at such institution. ‘‘(ii) in the case of a job training program that desires to continue eligibility as an eli- ‘‘(F) WIOA DEFINITIONS.—The terms ‘indus- that prepares students for a professional li- gible job training program after the period of try or sector partnership’, ‘in-demand indus- cense or certification exam, the share of initial approval described in clause (ii), or try sector or occupation’, ‘recognized post- such students who pass such exams; the subsequent period described in this secondary credential’, ‘local board’, and ‘‘(VII) has been determined by the eligible clause, shall submit a renewal application to ‘State board’ have the meanings given such institution of higher education (after valida- the Secretary (with such information as the terms in section 3 of the Workforce Innova- tion of that determination by an industry or Secretary may require), not more than 270 tion and Opportunity Act. sector partnership or State board or local days and not less than 180 days before the ‘‘(2) TOTAL EARNINGS INCREASE REQUIRE- board) to provide academic content, an end of the previous approval period. If the MENT.— amount of instructional time, and com- Secretary determines the program meets ‘‘(A) IN GENERAL.—Subject to subparagraph petencies to satisfy any applicable edu- such requirements, the Secretary shall grant (B), as a condition of participation under cational requirement for professional licen- another period of approval for 3 years. this subsection, the Secretary shall, using sure or certification, so that the student who ‘‘(iv) PERIODIC REVIEW BY THE SECRETARY.— the data collected under paragraph (8) and completes the program and seeks employ- The Secretary shall periodically review a such other information as the Secretary may ment is qualified to take any licensure or program previously approved under clause require, determine whether such job training certification examination needed to practice (ii) or (iii) to determine whether such pro- program meets the requirements of para- or find employment in such sectors or occu- gram is meeting the requirements of an eli- graph (1)(B)(i)(V) with respect to whether the pations that the program prepares students gible job training program described in this median change in annual earnings for stu- to enter; subsection. dents who complete the program is an in- ‘‘(VIII) has been in operation for not less ‘‘(v) REVOCATION OF APPROVAL BY THE SEC- crease of not less than 20 percent of the total than 1 year prior to becoming an eligible job RETARY.—If at any time the Secretary deter- training program under this subsection; mines that a program previously approved earnings of such students before enrollment ‘‘(IX) does not exceed by more than 50 per- under clause (ii) or (iii) is no longer meeting in the program. For the purposes of this cent the minimum number of clock hours re- any of the requirements of an eligible job paragraph, the Secretary shall determine quired by a State to receive a professional li- training program described in this sub- such percentage increase by calculating the cense or certification in the State, if the section, the Secretary— difference between the total earnings of stu- State has established such a requirement; ‘‘(I) shall deny a subsequent renewal of ap- dents who enroll in such programs not more ‘‘(X) includes institutional credit articula- proval in accordance with clause (iii) for than 6 months prior to enrollment, and the tion for a student enrolled in a noncredit job such program after the expiration of the ap- earnings of students who complete such pro- training program; proval period; gram not more than 6 months after com- ‘‘(XI) is not offered exclusively through ‘‘(II) may withdraw approval for such pro- pleting such program. distance education or a correspondence gram before the expiration of the approval ‘‘(B) DATE OF EFFECT.—The requirement course, except as determined by the Sec- period; under this paragraph shall take effect begin- retary to be necessary, on a temporary basis, ‘‘(III) shall ensure students who enrolled in ning on the date that is 1 year after the date in connection with a— such programs have access to transcripts for the program has been approved as an eligible ‘‘(aa) major disaster or emergency declared completed coursework without a fee or mon- job training program under this subsection. by the President under section 401 or 501 of etary charge and without regard to any bal- ‘‘(3) APPEAL OF EARNINGS INFORMATION.— the Robert T. Stafford Disaster Relief and ance owed to the institution; and The Secretary’s determination under para- Emergency Assistance Act (42 U.S.C. 5170 ‘‘(IV) shall prohibit such program and any graph (2) may include an appeals process to and 5191); or substantially similar program, from being permit job training programs to submit al- ‘‘(bb) national emergency declared by the considered an eligible job training described ternate discretionary or total earnings data, President under section 201 of the National in this subsection for a period of not less respectively, provided that such data are sta- Emergencies Act (50 U.S.C. 1601 et seq.); than 5 years. tistically rigorous, accurate, comparable, ‘‘(XII) is provided not less than 50 percent ‘‘(vi) ADDITIONAL ASSURANCE BY STATE and representative of students who complete directly by the eligible institution of higher BOARD.—The Secretary shall not determine the program. education; that a program is an eligible job training ‘‘(4) AUTHORIZATION OF AWARDS.—The Sec- ‘‘(XIII) may include integrated education program in accordance with clause (ii) unless retary shall award Federal Pell Grants to and training; and the Secretary receives a certification from students in eligible job training programs ‘‘(XIV) may be offered as part of a program the State board representing the State in (referred to as a ‘job training Federal Pell that— which the eligible job training program is Grant’). Each eligible job training Federal ‘‘(aa) meets the requirements of section provided, containing an assurance that the Pell Grant awarded under this subsection 484(d)(2); program meets the requirements of clause shall have the same terms and conditions, ‘‘(bb) is part of a career pathway, as de- (i). and be awarded in the same manner, as other fined in section 3 of the Workforce Innova- ‘‘(C) TOTAL EARNINGS.—For the purposes of Federal Pell Grants awarded under sub- tion and Opportunity Act; and this subsection, the term ‘total earnings’ section (b), except a student who is eligible ‘‘(cc) is aligned to a program of study, as means the median annual earnings. to receive a job training Federal Pell Grant defined in section 3 of the Carl D. Perkins ‘‘(D) ELIGIBLE INSTITUTION OF HIGHER EDU- under this subsection is a student who— Career and Technical Education Act of 2006. CATION.—For the purposes of this subsection, ‘‘(A) has not yet attained a ‘‘(ii) APPROVAL BY THE SECRETARY.— the term ‘eligible institution of higher edu- postbaccalaureate degree; ‘‘(I) IN GENERAL.—In the case of a program cation’ means— ‘‘(B) is enrolled, or accepted for enroll- that is seeking to establish initial eligibility ‘‘(i) an institution of higher education, as ment, in an eligible job training program at as an eligible job training program under defined in section 101; an eligible institution of higher education; this subparagraph, the Secretary shall make ‘‘(ii) a postsecondary vocational institu- and a determination whether the program meets tion, as defined in section 102(c); and ‘‘(C) meets all other eligibility require- the requirements of this subparagraph not ‘‘(iii) an institution of higher education— ments for a Federal Pell Grant (except with more than 120 days after the date on which ‘‘(I) approved by an accrediting agency or respect to the type of program of study, as such program is submitted for consideration association that meets the requirements of provided in subparagraph (B)). as an eligible job training program. If the section 496(a)(4)(C); ‘‘(5) AMOUNT OF AWARD.—The amount of a Secretary determines the program meets the ‘‘(II) that has not been a proprietary insti- job training Federal Pell Grant for an eligi- requirements of this paragraph, the Sec- tution of higher education, as defined in sec- ble student shall be determined under sub- retary shall grant an initial period of ap- tion 102(b), within the previous 3 years; and section (b), except that a student who is eli- proval of 2 years. The Secretary shall enable ‘‘(III) that has not been subject, during any gible for less than the minimum Federal Pell institutions to apply for eligible job training of the preceding 5 years, to— Grant because the eligible job training pro- program approval not later than 1 year after ‘‘(aa) any suspension, emergency action, or gram is less than an academic year (in clock- the date of enactment of the Infrastructure termination of programs under this title; hours and weeks of instructional time) may Investment and Jobs Act. ‘‘(bb) any adverse action by the institu- still be eligible for a Federal Pell Grant. ‘‘(II) PUBLICATION OF APPLICATION.—Not tion’s accrediting agency or association; or ‘‘(6) INCLUSION IN TOTAL ELIGIBILITY PE- later than 1 year after the date of enactment ‘‘(cc) any action by the State to revoke a RIOD.—Any period during which a student re- of the Infrastructure Investment and Jobs license or other authority to operate. ceives a job training Federal Pell Grant Act, the Secretary shall publish the applica- ‘‘(E) INSTITUTIONAL CREDIT ARTICULATION.— under this subsection shall be included in tion for job training programs to submit for The term ‘institutional credit articulation’ calculating the student’s period of eligibility approval as eligible job training programs. means the situation where an institution of for Federal Pell Grants under subsection (d), The information required to determine eligi- higher education provides a student who has and the eligibility requirements regarding

VerDate Sep 11 2014 03:33 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.024 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5573 students who are enrolled in an under- ‘‘(V) the share of such students who trans- ‘‘(ii) the agency or association requires a graduate program on less than a full-time fer to another institution of higher edu- demonstration that the program— basis shall similarly apply to students who cation within 1 year; and ‘‘(I) has identified each recognized postsec- are enrolled in an eligible job training pro- ‘‘(VI) the share of such students who com- ondary credential offered in the relevant in- gram at an eligible institution of higher edu- plete a subsequent certificate or degree pro- dustry in the State or local area where the cation on less than a full-time basis. gram within 6 years. industry is located; and ‘‘(7) SAME PAYMENT PERIOD.—No student ‘‘(C) EXCEPTIONS.—Notwithstanding any ‘‘(II) provides academic content, an may for the same payment period receive other provision of this paragraph— amount of instructional time, and com- both a job training Federal Pell Grant under ‘‘(i) if disclosure of disaggregated data petencies to satisfy any applicable edu- this subsection and a Federal Pell Grant under subparagraph (B) is prohibited from cational requirement for professional licen- under this section. disclosure due to applicable privacy restric- sure or certification, so that a student who ‘‘(8) INTERAGENCY DATA SHARING AND DATA tions, the Secretary may take such steps as completes the program and seeks employ- COLLECTION.— the Secretary determines necessary to pro- ment is qualified to take any licensure or ‘‘(A) INTERAGENCY DATA SHARING.—The Sec- vide meaningful disaggregated student de- certification examination needed to practice retary shall coordinate and enter into a data mographic or outcome information, includ- or find employment in the sectors or occupa- sharing agreement with the Secretary of ing by combining categories; and tions that the program prepares students to Labor to ensure access to data necessary to ‘‘(ii) an institution may submit, and the enter.’’. implement this paragraph, including such Secretary may publish, data required to be (g) RESCISSION.—Of the amounts appro- data related to indicators of performance collected under subparagraph (B) that is ob- priated under section 401(b)(7)(A)(iv)(XI) of collected under section 116 of the Workforce tained through a State Unemployment In- the Higher Education Act of 1965 (20 U.S.C. Innovation and Opportunity Act (29 U.S.C. surance Agency or through other supple- 1070a(b)(7)(A)(iv)(XI)) for fiscal year 2021, 3141). mental means, in lieu of any additional data $120,000,000 are rescinded. ‘‘(B) DATA ON ELIGIBLE JOB TRAINING PRO- collection, provided that such data are sta- (h) EFFECTIVE DATE.—Except as otherwise GRAMS.—Except as provided under subpara- tistically rigorous, accurate, comparable, provided, this section and the amendments graph (C), each institution of higher edu- and representative. made by this section shall take effect on the cation offering an eligible job training pro- ‘‘(D) REPORT.—Not later than July 1, 2025, date of enactment of this Act. gram for which the Secretary awards job the Secretary shall— --- training Federal Pell Grants under this sub- ‘‘(i) submit to the Committee on Health, SA 2142. Mr. MARKEY (for himself section, the Secretary shall, on at least an Education, Labor, and Pensions of the Sen- and Ms. WARREN) submitted an amend- annual basis, collect and publish data with ate and the Committee on Education and ment intended to be proposed by him respect to each such eligible job training Labor of the House of Representatives a re- to the bill H.R. 3684, to authorize funds program, including the following: port on the impact of an eligible job training ‘‘(i) The number and demographics of stu- for Federal-aid highways, highway program for which the Secretary awards job safety programs, and transit programs, dents who enroll in the program, including, training Federal Pell Grants under this sub- at a minimum, disaggregated by— section, based on the most recent data col- and for other purposes; which was or- ‘‘(I) sex; lected under subparagraph (B); and dered to lie on the table; as follows: ‘‘(II) race and ethnicity; ‘‘(ii) make the report described in clause (i) At the appropriate place, insert the fol- ‘‘(III) classification as a student with a dis- available publicly on the website of the De- lowing: ability; partment.’’. SEC. ll. NORTH ATLANTIC RAIL INTERSTATE ‘‘(IV) income quintile, as defined by the (2) EFFECTIVE DATE.—The amendment COMPACT. Secretary; made by paragraph (1) shall take effect as if (a) IN GENERAL.—Chapter 249 of title 49, ‘‘(V) recipients of assistance under a tui- included in section 703 of the FAFSA Sim- United States Code, is amended by inserting tion assistance program conducted by the plification Act (title VII of division FF of after section 24905 the following: Department of Defense under section 1784a or Public Law 116–260). 2007 of title 10, United States Code (or other ‘‘§ 24905A. North Atlantic Rail Interstate Com- authorities available to the Department of (e) WORKFORCE INNOVATION AND OPPOR- pact; North Atlantic Rail Network Defense), or status as a veteran; TUNITY ACT AMENDMENT.—Section 116(i) of ‘‘(a) NORTH ATLANTIC RAIL INTERSTATE ‘‘(VI) status as a first-time student or the Workforce Innovation and Opportunity COMPACT.— transfer student from another institution; Act (29 U.S.C. 3141(i)) is amended by adding ‘‘(1) ESTABLISHMENT.—Not later than 180 ‘‘(VII) status as a first-generation student; at the end the following: days after the date of the enactment of this ‘‘(VIII) status as parent or guardian of 1 or ‘‘(4) INTERAGENCY DATA SHARING FOR JOB section, the Secretary of Transportation more dependent children; and TRAINING FEDERAL PELL GRANT PROGRAM.— shall appoint a director for the North Atlan- ‘‘(IX) status as a confined or incarcerated The Secretary of Labor shall coordinate and tic Rail Interstate Compact (referred to in individual, as defined under section enter into a data sharing agreement with the this section as the ‘Compact’) in collabora- 484(t)(1)(A). Secretary of Education to ensure access to tion with states identified in paragraph ‘‘(ii) The number and demographics, data necessary to implement section 401(k) (2)(A). disaggregated by the categories listed in of the Higher Education Act of 1965 (20 U.S.C. ‘‘(2) BOARD OF DIRECTORS.— clause (i), including, at a minimum, of— 1070a(k)), as added by section 13011 of the In- ‘‘(A) COMPOSITION.—The Compact shall be ‘‘(I) students who complete the program; frastructure Investment and Jobs Act, in- governed by a board of directors, which shall and cluding such applicable data related to un- be composed of directors, of whom— ‘‘(II) students who do not complete the pro- employment insurance, wage information, ‘‘(i) 2 directors shall be appointed by the gram. employment-related outcomes, and indica- Secretary of Transportation; ‘‘(iii) The required tuition and fees of the tors of performance collected under this sec- ‘‘(ii) 1 director shall be appointed by the program. tion.’’. Chief Executive Officer of Amtrak; ‘‘(iv) The earnings of students, (f) ACCREDITING AGENCY RECOGNITION OF ‘‘(iii) 2 directors shall be appointed by the disaggregated by the categories listed in ELIGIBLE JOB TRAINING PROGRAMS.—Section Governor of Connecticut; clause (i), including, at a minimum— 496(a)(4) of the Higher Education Act of 1965 ‘‘(iv) 2 directors shall be appointed by the ‘‘(I) total earnings of students who com- (20 U.S.C. 1099b(a)(4)) is amended— Governor of Maine; plete the program; and (1) in subparagraph (A), by striking ‘‘and’’ ‘‘(v) 2 directors shall be appointed by the ‘‘(II) total earnings of students who do not after the semicolon; Governor of Massachusetts; complete the program. (2) in subparagraph (B)(ii), by inserting ‘‘(vi) 2 directors shall be appointed by the ‘‘(v) Additional outcomes of the students ‘‘and’’ after the semicolon; and Governor of New Hampshire; who complete the program, disaggregated by (3) by adding at the end the following: ‘‘(vii) 2 directors shall be appointed by the the categories listed in clause (i), including, ‘‘(C) if such agency or association has or Governor of New York; at a minimum— seeks to include within its scope of recogni- ‘‘(viii) 2 directors shall be appointed by the ‘‘(I) the completion rate of such students; tion the evaluation of the quality of institu- Governor of Rhode Island; and ‘‘(II) the percentage of such students tions of higher education participating in ‘‘(ix) 2 directors shall be appointed by the placed or retained in employment, measured the job training Federal Pell Grant program Governor of Vermont. at not less than 6 months and 1 year, respec- under section 401(k), such agency or associa- ‘‘(B) TERM; QUALIFICATIONS.—Of the indi- tively, after completion of the program; tion shall, in addition to meeting the other viduals appointed pursuant to each of the ‘‘(III) in the case of a job training program requirements of this subpart, demonstrate to clauses (iii) through (ix) of paragraph (1)— that prepares students for a professional li- the Secretary that, with respect to such eli- ‘‘(i) 1 shall be the head of the respective cense or certification exam, the share of gible job training programs (as defined in State department of transportation; and such students who pass such exams; that subsection)— ‘‘(ii) the other director appointed by the ‘‘(IV) the share of such students who con- ‘‘(i) the agency or association’s standards respective governor— tinue enrollment at the institution of higher include a process for determining if the in- ‘‘(I) shall serve for a 5-year term; education offering the program within 1 stitution has the capability to effectively ‘‘(II) shall be a resident of the appointing year; offer an eligible job training program; and governor’s State;

VerDate Sep 11 2014 03:33 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.024 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5574 CONGRESSIONAL RECORD — SENATE August 2, 2021 ‘‘(III) may not be an employee of the gov- ‘‘(D) contracting with Amtrak, State de- ‘‘(II) the construction of a public transpor- ernment of such State; and partments of transportation, or related oper- tation project eligible for assistance under ‘‘(IV) shall be an expert in transportation ating entities within the 7-State North At- chapter 53 of title 49; and policy, finance, public policy, planning or a lantic Rail Network region to design or con- ‘‘(III) the construction of a non-single oc- related discipline associated with the pur- struct elements of a North Atlantic Rail cupancy passenger vehicle project that im- pose and mission of the Compact. Network. proves freight movement; and ‘‘(C) NO COMPENSATION.—Directors shall ‘‘(3) COMMENCEMENT OF OPERATIONS.—The ‘‘(C) has a public plan for maintaining and serve without pay, but shall receive travel Compact shall commence operations and be operating the new asset while continuing expenses, including per diem in lieu of sub- eligible for appropriated funding in any progress of the State or project sponsor in sistence, in accordance with applicable pro- State that has ratified the Compact, upon achieving a state of good repair under sub- visions of subchapter I of chapter 57 of title the ratification of a minimum of 2 states of paragraph (A). 5, United States Code. the Compact. ‘‘(2) BENEFIT-COST ANALYSIS.—In carrying ‘‘(3) PURPOSE.—The purpose of the Compact ‘‘(4) RESPONSIBILITIES.—If a State depart- out paragraph (1)(B)(ii), the Secretary shall shall be to construct, on an accelerated ment of transportation or its related oper- establish a process for analyzing the cost and basis, a North Atlantic Rail Network in ating entity owns the right-of-way for a rail benefits of projects under that paragraph, order— line segment within a North Atlantic Rail ensuring that— ‘‘(A) to provide clean, safe, coordinated and Network, such department or entity shall be ‘‘(A) the benefit-cost analysis includes a efficient high-speed and high-performance responsible for the design and construction calculation of all the benefits addressed in passenger rail transportation in the 7-State of improvements on such segment of a North the performance measures established under North Atlantic Rail Network region; includ- Atlantic Rail Network. section 150; ing the improvement of existing intercity ‘‘(5) WORK PERFORMED ON RIGHT-OF-WAY.— ‘‘(B) the benefit-cost analysis includes a passenger rail services; Notwithstanding paragraph (2)(D), all work consideration of the total maintenance cost ‘‘(B) to reduce carbon emissions from auto done in existing rail right-of-way shall be of an asset over the lifecycle of the asset; and air transportation in such region in performed only in accordance with the rail and order to meet the greenhouse gas perform- collective bargaining agreements applicable ‘‘(C) the State demonstrates that any ance targets established under section 150(d) to work performed on such right-of-way.’’. transportation demand modeling used to cal- of title 23; and (b) CLERICAL AMENDMENT.—The analysis culate the benefit-cost analysis is based on ‘‘(C) to provide employment opportunities for chapter 249 of title 49, United States retrospective analysis of the accuracy of and economic development in the cities and Code, is amended by inserting after the item past forecasting and calibration to real-word regions served by a North Atlantic Rail Net- relating to section 24905 the following: conditions or has a documented record of ac- work. ‘‘24905A. North Atlantic Rail Interstate Com- curacy. TAFFING ‘‘(4) S .—The directors and officers pact; North Atlantic Rail Net- ‘‘(3) SAVINGS CLAUSE.—The provisions of of the Compact may appoint and fix the pay work.’’. this subsection shall not apply to any of such personnel, as they consider necessary (c) SUNSET.—Upon the earlier of the com- project that is fully funded in an adopted and appropriate, to advance the design and pletion of the construction of all of the ele- State transportation improvement program construction of a North Atlantic Rail Net- ments of a North Atlantic Rail Network cre- as of the date of enactment of this sub- work. ated pursuant to subsection (b)(1) of section section.’’. ‘‘(5) COORDINATION.—The Compact, in de- 24905A of title 49, United States Code, as signing and constructing a North Atlantic added by this Act, or the date that is 20 SA 2144. Mr. WICKER submitted an Rail Network, shall coordinate and cooper- years after the date of the enactment of this amendment intended to be proposed to ate with— Act— amendment SA 2137 proposed by Mr. ‘‘(A) the Secretary of Transportation; (1) the North Atlantic Rail Interstate Com- SCHUMER (for Ms. SINEMA (for herself, ‘‘(B) the Northeast Corridor Commission; pact established pursuant to subsection (a)(1) Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ‘‘(C) Amtrak; of such section shall be dissolved; and ‘‘(D) State departments of transportation, (2) the assets of the North Atlantic Rail SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. regional transportation authorities, and Interstate Compact shall be transferred to TESTER, Ms. MURKOWSKI, Mr. WARNER, other State-established entities, responsible Amtrak. and Mr. ROMNEY)) to the bill H.R. 3684, for the provision of passenger rail in the to authorize funds for Federal-aid high- North Atlantic Rail Network region; and SA 2143. Mr. KAINE submitted an ways, highway safety programs, and ‘‘(E) freight railroads that host passenger amendment intended to be proposed to transit programs, and for other pur- trains or operate freight trains over pas- amendment SA 2137 proposed by Mr. senger rail lines within the territory. poses; which was ordered to lie on the ‘‘(b) NORTH ATLANTIC RAIL NETWORK.— SCHUMER (for Ms. SINEMA (for herself, table; as follows: ‘‘(1) CREATION.—Notwithstanding the exist- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- On page 2160, between lines 17 and 18, insert ing service along the Northeast Corridor, the SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. the following: Compact shall construct a North Atlantic TESTER, Ms. MURKOWSKI, Mr. WARNER, (F) The eligible entity has demonstrated Rail Network, which may include— and Mr. ROMNEY)) to the bill H.R. 3684, that the middle mile infrastructure will con- ‘‘(A) additional high-speed rail service be- to authorize funds for Federal-aid high- nect historically black colleges and univer- sities and minority service institutions with tween Boston and New York; ways, highway safety programs, and ‘‘(B) a high-performance network of inter- other such colleges, universities, and institu- city passenger rail transportation through- transit programs, and for other pur- tions for collaboration and resource sharing. out the 7-State region; and poses; which was ordered to lie on the ‘‘(C) an integrated network of metropoli- table; as follows: SA 2145. Mr. WICKER submitted an tan passenger rail transportation coordi- On page 203, strike line 17 and insert the amendment intended to be proposed to nated with the high-speed rail service re- following: amendment SA 2137 proposed by Mr. ferred to in subparagraph (A). the project is located on a Federal-aid high- SCHUMER (for Ms. SINEMA (for herself, ‘‘(2) AUTHORIZATIONS.—The Compact shall way. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- have the same authorities provided to inter- ‘‘(t) STATE OF GOOD REPAIR.— SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. state compacts in section 410 of the Amtrak ‘‘(1) IN GENERAL.—The Secretary shall not TESTER, Ms. MURKOWSKI, Mr. WARNER, Reform and Accountability Act of 1997 (49 approve any project funded, in whole or in and Mr. ROMNEY)) to the bill H.R. 3684, U.S.C. 24101 note), including— part, with funds apportioned pursuant to sec- ‘‘(A) receiving appropriations— tion 104(b) that will result in new through to authorize funds for Federal-aid high- ‘‘(i) to plan, design, engineer, and acquire travel lanes for single occupancy vehicles, ways, highway safety programs, and property (including railroad rights-of-way); excluding auxiliary lanes and high occu- transit programs, and for other pur- ‘‘(ii) to conduct competitive procurements; pancy vehicle toll lanes pursuant to section poses; which was ordered to lie on the ‘‘(iii) to enter into construction contracts; 166, unless the State or project sponsor— table; as follows: ‘‘(iv) to form project labor agreements; and ‘‘(A) has demonstrated progress in achiev- Beginning on page 2173, strike line 24 and ‘‘(v) to construct a North Atlantic Rail ing a state of good repair as required by the all that follows through page 2174, line 11, Network; State’s asset management plan under section and insert the following: ‘‘(B) utilizing all design-build and other al- 119(e) of this title; ‘‘(A) IN GENERAL.—A participating provider ternative procurement policies and practices ‘‘(B) demonstrates that the project— shall allow an eligible household to apply the approved by the Department of Transpor- ‘‘(i) supports the achievement of perform- affordable connectivity benefit to any inter- tation; ance targets of the State established under net service offering of the participating pro- ‘‘(C) utilizing existing authorities to expe- section 150; and vider at the same terms available to house- dite reviews for infrastructure investment ‘‘(ii) is more cost effective, as determined holds that are not eligible households. within existing rights of way under the Na- by benefit-cost analysis, than— tional Environmental Policy Act of 1969 (42 ‘‘(I) an operational improvement to the fa- SA 2146. Mr. WICKER submitted an U.S.C. 4321 et seq.); and cility or corridor; amendment intended to be proposed to

VerDate Sep 11 2014 03:33 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.027 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5575 amendment SA 2137 proposed by Mr. entity that uses a middle mile grant to build On page 2080, strike lines 3 through 21 and SCHUMER (for Ms. SINEMA (for herself, out terrestrial or fixed wireless middle mile insert the following: infrastructure shall use the most recent Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (n) JUDICIAL REVIEW.—The United States broadband mapping data available from the District Court for the District of Columbia SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. FCC fixed broadband map. TESTER, Ms. MURKOWSKI, Mr. WARNER, shall have exclusive jurisdiction to review a decision of the Assistant Secretary made and Mr. ROMNEY)) to the bill H.R. 3684, SA 2150. Mr. WICKER submitted an under this section. to authorize funds for Federal-aid high- amendment intended to be proposed to ways, highway safety programs, and amendment SA 2137 proposed by Mr. transit programs, and for other pur- SCHUMER (for Ms. SINEMA (for herself, SA 2151. Mr. WICKER submitted an poses; which was ordered to lie on the Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- amendment intended to be proposed to table; as follows: SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. amendment SA 2137 proposed by Mr. On page 2081, strike line 3 and all that fol- TESTER, Ms. MURKOWSKI, Mr. WARNER, SCHUMER (for Ms. SINEMA (for herself, lows through ‘‘(3)’’ on line 7 and insert the and Mr. ROMNEY)) to the bill H.R. 3684, Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- following: to authorize funds for Federal-aid high- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. Act’’); and ways, highway safety programs, and TESTER, Ms. MURKOWSKI, Mr. WARNER, (2) transit programs, and for other pur- and Mr. ROMNEY)) to the bill H.R. 3684, poses; which was ordered to lie on the Mr. WICKER submitted an to authorize funds for Federal-aid high- SA 2147. table; as follows: amendment intended to be proposed to ways, highway safety programs, and Beginning on page 2052, strike line 15 and transit programs, and for other pur- amendment SA 2137 proposed by Mr. all that follows through page 2053, line 16, SCHUMER (for Ms. SINEMA (for herself, poses; which was ordered to lie on the and insert the following: table; as follows: Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (f) USE OF FUNDS.—An eligible entity may SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. use grant funds received under this section At the appropriate place, insert the fol- TESTER, Ms. MURKOWSKI, Mr. WARNER, to competitively award subgrants for— lowing: (1) unserved service projects and under- and Mr. ROMNEY)) to the bill H.R. 3684, SEC. lllll. GRANTS FOR BROADCAST INTER- to authorize funds for Federal-aid high- served service projects; (2) connecting eligible community anchor NET AND PUBLIC TELEVISION. ways, highway safety programs, and institutions; and (a) DEFINITIONS.—In this section: transit programs, and for other pur- (3) installing internet and Wi-Fi infrastruc- (1) ASSISTANT SECRETARY.—The term ‘‘As- poses; which was ordered to lie on the ture or providing reduced-cost broadband sistant Secretary’’ means the Assistant Sec- table; as follows: within a multi-family residential building, retary of Commerce for Communications and Strike section 90008. with priority given to a residential building Information. that— (2) COMMISSION.—The term ‘‘Commission’’ SA 2148. Mr. WICKER submitted an (A) has a substantial share of unserved means the Federal Communications Com- amendment intended to be proposed to households; or mission. amendment SA 2137 proposed by Mr. (B) is in a location in which the percentage (3) CONSTRUCTION PERMIT.—The term ‘‘con- of individuals with a household income that struction permit’’ has meaning given the SCHUMER (for Ms. SINEMA (for herself, is at or below 150 percent of the poverty line term in section 3 of the Communications Act Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- applicable to a family of the size involved (as of 1934 (47 U.S.C. 153). SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. determined under section 673(2) of the Com- (4) COVERED GRANT.—The term ‘‘covered TESTER, Ms. MURKOWSKI, Mr. WARNER, munity Services Block Grant Act (42 U.S.C. grant’’ means a grant awarded under sub- and Mr. ROMNEY)) to the bill H.R. 3684, 9902(2)) is higher than the national percent- section (b). to authorize funds for Federal-aid high- age of such individuals. (5) ELIGIBLE BROADCASTER.—The term ‘‘eli- ways, highway safety programs, and Beginning on page 2053, strike line 18 and gible broadcaster’’ means a commercial or all that follows through page 2054, line 23, noncommercial broadcast television licensee transit programs, and for other pur- and insert the following: poses; which was ordered to lie on the or permittee that was, before the date of en- (1) SUBGRANTEE OBLIGATIONS.—A sub- actment of this Act— table; as follows: grantee, in carrying out activities using (A) licensed by the Commission; or Beginning on page 2191, strike line 6 and amounts received from an eligible entity (B) granted a construction permit for a all that follows through page 2192, line 12, under this section— station. (A) shall adhere to quality-of-service and insert the following: (6) LICENSEE.—The term ‘‘licensee’’ has the (b) NOTICE OF INQUIRY.—Not later than 2 standards, as established by the Assistant meaning given the term in section 3 of the years after the date of enactment of this Secretary; Communications Act of 1934 (47 U.S.C. 153). (B) shall incorporate best practices, as de- Act, the Commission shall initiate a notice (7) PERMITTEE.—The term ‘‘permitee’’ of inquiry examining obstacles to equal ac- fined by the Assistant Secretary, for ensur- means the holder of a television construction cess to broadband internet access service, ing reliability and resilience of broadband permit granted by the Commission. infrastructure; and taking into account the issues of technical (8) PUBLIC TELECOMMUNICATIONS ENTITY; (C) may not use the amounts to purchase and economic feasibility presented by that PUBLIC TELECOMMUNICATIONS FACILITIES; PUB- or support— objective, including— LIC TELECOMMUNICATIONS SERVICES.—The (1) preventing digital discrimination of ac- (i) any covered communications equipment terms ‘‘public telecommunications entity’’, cess based on income level, race, ethnicity, or service, as defined in section 9 of the Se- ‘‘public telecommunications facilities’’, and color, religion, or national origin; and cure and Trusted Communications Networks ‘‘public telecommunications services’’ have (2) identifying necessary steps for the Com- Act of 2019 (47 U.S.C. 1608); or the meanings given those terms in section missions to take to eliminate discrimination (ii) fiber optic cable and optical trans- 397 of the Communications Act of 1934 (47 described in paragraph (1). mission equipment manufactured in the Peo- U.S.C. 397). ple’s Republic of China. SA 2149. Mr. WICKER submitted an Beginning on page 2060, strike line 17 and (b) BROADCAST INTERNET AND PUBLIC amendment intended to be proposed to all that follows through page 2061, line 2, and BROADCASTING GRANTS.— (1) IN GENERAL.—The Assistant Secretary amendment SA 2137 proposed by Mr. insert the following: (D) NTIA AUTHORITY.—The Assistant Sec- shall establish a program, to be known as SCHUMER (for Ms. SINEMA (for herself, retary may modify the challenge process re- the ‘‘Broadcast Internet and Public Broad- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- quired under subparagraph (A) as necessary. casting Grant Program’’, under which the SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. On page 2071, strike lines 1 through 7 and Assistant Secretary makes grants— TESTER, Ms. MURKOWSKI, Mr. WARNER, insert the following: (A) to eligible broadcasters to facilitate and Mr. ROMNEY)) to the bill H.R. 3684, (6) RETURN OF FUNDS.—An entity that re- the construction of or reasonable upgrades to authorize funds for Federal-aid high- ceives a subgrant from an eligible entity to facilities of those eligible broadcasters to ways, highway safety programs, and under subsection (f) and fails to comply with enable the offering of broadcast services uti- any requirement under this subsection dur- lizing the ATSC 3.0 broadcast television transit programs, and for other pur- ing the pendency of the grant shall, after standard, including datacasting enabled by poses; which was ordered to lie on the being provided a reasonable opportunity to ATSC 3.0, as permitted under section 336 of table; as follows: cure the violation, return an amount of the the Communications Act of 1934 (47 U.S.C. Beginning on page 2162, strike line 10 and subgrant that is proportional to the gravity 336) and parts 73 and 74 of title 47, Code of all that follows through page 2163, line 19, of the violation, up to the entire amount of Federal Regulations; and insert the following: the subgrant, to the eligible entity, at the (B) to eligible broadcasters to facilitate (i) USE OF MOST RECENT DATA.—In mapping discretion of the eligible entity or the As- the construction of or reasonable upgrades out gaps in broadband coverage, an eligible sistant Secretary. to facilities of those eligible broadcasters to

VerDate Sep 11 2014 03:33 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.027 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5576 CONGRESSIONAL RECORD — SENATE August 2, 2021 enable the deployment of distributed trans- acting through the Administrator of the (2) the operational and administrative mission systems (also known as ‘‘single fre- Rural Utilities Service, shall not determine costs of the service provided by the project quency networks’’), as permitted under sec- that a project is ineligible for funding be- are projected to exceed the revenues gen- tion 73.626 of title 47, Code of Federal Regula- cause the project has received funding from erated from ridership annually over the next tions; and a State.’’. decade. (C) in consultation with the Corporation (b) STATE FUNDS TO SATISFY MATCHING RE- for Public Broadcasting, to public tele- QUIREMENTS.—For purposes of any matching SA 2155. Mr. CORNYN (for himself, communications entities to facilitate the funds requirement under any program ad- Mr. PADILLA, and Ms. LUMMIS) sub- construction, updates, replacement, and re- ministered by the Secretary of Agriculture, mitted an amendment intended to be pair of public telecommunications facilities acting through the Administrator of the proposed to amendment SA 2137 pro- to maintain or improve public telecommuni- Rural Utilities Service, an applicant for posed by Mr. SCHUMER (for Ms. SINEMA cations services provided by those public funding under that program may use funds (for herself, Mr. PORTMAN, Mr. received from a State program (including telecommunications entities to the Amer- MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, ican public through broadcast and digital funds received by a State from the Federal Ms. COLLINS, Mr. TESTER, Ms. MUR- distribution technologies. Government) to satisfy the matching funds KOWSKI, Mr. WARNER, and Mr. ROMNEY)) (2) APPLICATION FOR GRANT.— requirement. (A) IN GENERAL.—The Assistant Secretary to the bill H.R. 3684, to authorize funds shall establish an application process for SA 2153. Ms. ERNST submitted an for Federal-aid highways, highway covered grants. amendment intended to be proposed to safety programs, and transit programs, (B) SELECTION PRIORITY.—In selecting amendment SA 2137 proposed by Mr. and for other purposes; which was or- projects to be funded by a covered grant, the SCHUMER (for Ms. SINEMA (for herself, dered to lie on the table; as follows: Assistant Secretary shall apply the criteria Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- At the appropriate place in division I, in- established by the rules promulgated under SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. sert the following: subsection (c). TESTER, Ms. MURKOWSKI, Mr. WARNER, SEC. ll. AUTHORITY TO USE CORONAVIRUS RE- (c) RULEMAKING.—Not later than 90 days LIEF FUNDS FOR INFRASTRUCTURE after the date of enactment of this Act, the and Mr. ROMNEY)) to the bill H.R. 3684, PROJECTS. Assistant Secretary shall promulgate rules to authorize funds for Federal-aid high- (a) IN GENERAL.—Title VI of the Social Se- that— ways, highway safety programs, and curity Act (42 U.S.C. 801 et seq.) is amend- (1) establish the requirements for applica- transit programs, and for other pur- ed— tions for covered grants; poses; which was ordered to lie on the (1) in section 601(d)— (2) identify the criteria to be used by the table; as follows: (A) by redesignating paragraphs (1) Assistant Secretary in prioritizing projects; through (3) as subparagraphs (A) through (C), (3) identify reasonable eligible costs to be At the appropriate place, insert the fol- respectively, and adjusting the margins ac- presumptively approved by the Assistant lowing: cordingly; Secretary in awarding covered grants; and SEC. ll. DISCLOSURE REQUIREMENTS FOR RE- (B) by striking ‘‘A State, Tribal govern- (4) establish procedures for the submission CIPIENTS OF FUNDS. ment, and unit of local government’’ and in- and review of cost estimates and other mate- A grantee or subgrantee carrying out a serting the following: rials related to those costs consistent with program, project, or activity that is, in ‘‘(1) IN GENERAL.—A State, Tribal govern- the rules promulgated under this subsection. whole or in part, carried out using funds pro- ment, and unit of local government’’; and (d) AUTHORIZATION OF APPROPRIATIONS.— vided by the Department of Energy or the (C) by adding at the end the following new (1) IN GENERAL.—There is authorized to be Department of Transportation shall clearly paragraph: appropriated to carry out this section state, to the extent possible, in any state- ‘‘(2) AUTHORITY TO USE FUNDS FOR CERTAIN $5,000,000,000 for fiscal year 2022, to remain ment, press release, request for proposals, INFRASTRUCTURE PROJECTS.— available until expended, of which— bid solicitation, or other document describ- ‘‘(A) IN GENERAL.—Notwithstanding any (A) not more than $3,700,000,000 may be ing the program, project, or activity, other other provision of law, a State, Tribal gov- used for grants under subsection (b)(1)(A); than a communication containing not more ernment, or unit of local government may (B) not more than $1,000,000,000 maybe used than 280 characters— use funds provided under a payment made for grants under subsection (b)(1)(B); and (1) the percentage of the total costs of the under this section for a project described in (C) not more than $300,000,000 may be used program, project, or activity that will be fi- subparagraph (B), including— for grants under subsection (b)(1)(C). nanced with funds provided by the Depart- ‘‘(i) in the case of a project described in (2) ADMINISTRATION.—The Assistant Sec- ment of Energy or the Department of Trans- clause (xi), (xii), or (xiii) of that subpara- retary may reserve not more than 4 percent portation; graph, to satisfy a non-Federal share re- of the funds made available under paragraph (2) the dollar amount of the funds provided quirement applicable to such a project; and (1) for reasonable administrative costs asso- by the Department of Energy or the Depart- ‘‘(ii) in the case of a project described in ciated with the grant program established ment of Transportation made available for clause (xiii) of that subparagraph, to repay a under subsection (b). the program, project, or activity; and loan provided under the program described in (3) the percentage of the total costs of, and that clause. SA 2152. Mr. GRASSLEY (for himself dollar amount for, the program, project, or ‘‘(B) PROJECTS DESCRIBED.—A project re- ferred to in subparagraph (A) is any of the and Ms. KLOBUCHAR) submitted an activity that will be financed by nongovern- mental sources. following: amendment intended to be proposed to ‘‘(i) A project eligible under section 133 of amendment SA 2137 proposed by Mr. SA 2154. Ms. ERNST submitted an title 23, United States Code. SCHUMER (for Ms. SINEMA (for herself, amendment intended to be proposed to ‘‘(ii) A project eligible under section 119 of Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- amendment SA 2137 proposed by Mr. title 23, United States Code. ‘‘(iii) A project eligible under section 148 of SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. SCHUMER (for Ms. SINEMA (for herself, TESTER, Ms. MURKOWSKI, Mr. WARNER, title 23, United States Code. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ‘‘(iv) A project eligible under section 167 of and Mr. ROMNEY)) to the bill H.R. 3684, SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. title 23, United States Code. to authorize funds for Federal-aid high- TESTER, Ms. MURKOWSKI, Mr. WARNER, ‘‘(v) A project eligible under section 149 of ways, highway safety programs, and and Mr. ROMNEY)) to the bill H.R. 3684, title 23, United States Code. transit programs, and for other pur- to authorize funds for Federal-aid high- ‘‘(vi) An activity to carry out section 134 of poses; which was ordered to lie on the ways, highway safety programs, and title 23, United States Code. table; as follows: transit programs, and for other pur- ‘‘(vii) A project eligible under section 202 At the end of division F, add the following: of title 23, United States Code. poses; which was ordered to lie on the ‘‘(viii) A project eligible under section 203 TITLE VI—STATE FUNDING UNDER RURAL table; as follows: of title 23, United States Code. UTILITIES SERVICE PROGRAMS At the appropriate place in division C, in- ‘‘(ix) A project eligible under section 204 of SEC. 60601. STATE FUNDING UNDER RURAL UTIL- sert the following: title 23, United States Code. ITIES SERVICE PROGRAMS. SEC. llll. PROHIBITION ON USE OF FEDERAL ‘‘(x) A project eligible under section 165 of (a) ELIGIBILITY OF PROJECTS THAT RECEIVE FUNDS FOR CERTAIN TRANSIT AND title 23, United States Code. STATE FUNDING.—Title VII of the Rural Elec- RAIL PROJECTS. ‘‘(xi) A project that receives a grant under trification Act of 1936 (7 U.S.C. 950cc et seq.) Notwithstanding any other provision of section 117 of title 23, United States Code. is amended by adding at the end the fol- law, the Secretary of Transportation shall ‘‘(xii) A project that receives a grant under lowing: not provide any new assistance for a transit the program for national infrastructure in- ‘‘SEC. 704. ELIGIBILITY OF PROJECTS THAT RE- or rail project if— vestments (commonly known as the ‘Re- CEIVE STATE FUNDING. (1) the overall cost projection to complete building American Infrastructure with Sus- ‘‘In administering any broadband or tele- the project exceeds the original cost projec- tainability and Equity (RAISE) grant pro- communications program, the Secretary, tion by at least $1,000,000,000; and gram’).

VerDate Sep 11 2014 03:44 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.031 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5577 ‘‘(xiii) A project that receives credit assist- ‘‘(ix) A project eligible under section 204 of loan provided under the program described in ance under the TIFIA program under chapter title 23, United States Code. that clause. 6 of title 23, United States Code. ‘‘(x) A project eligible under section 165 of ‘‘(B) PROJECTS DESCRIBED.—A project re- ‘‘(xiv) A project that receives a grant title 23, United States Code. ferred to in subparagraph (A) is any of the under section 5309 of title 49, United States ‘‘(xi) A project that receives a grant under following: Code. section 117 of title 23, United States Code. ‘‘(i) A project eligible under section 133 of ‘‘(xv) A project that receives a grant under ‘‘(xii) A project that receives a grant under title 23, United States Code. section 5337 of title 49, United States Code. the program for national infrastructure in- ‘‘(ii) A project eligible under section 119 of ‘‘(xvi) A project that receives a grant vestments (commonly known as the ‘Re- title 23, United States Code. under section 5339 of title 49, United States building American Infrastructure with Sus- ‘‘(iii) A project eligible under section 148 of Code. tainability and Equity (RAISE) grant pro- title 23, United States Code. ‘‘(xvii) A project that receives a grant gram’). ‘‘(iv) A project eligible under section 167 of under section 5307 of title 49, United States ‘‘(xiii) A project that receives credit assist- title 23, United States Code. Code. ance under the TIFIA program under chapter ‘‘(v) A project eligible under section 149 of ‘‘(xviii) A project that receives a grant 6 of title 23, United States Code. title 23, United States Code. under section 5311 of title 49, United States ‘‘(xiv) A project that receives a grant ‘‘(vi) An activity to carry out section 134 of Code. under section 5309 of title 49, United States title 23, United States Code. ‘‘(xix) A project carried out using funds Code. ‘‘(vii) A project eligible under section 202 made available under title I of the Housing ‘‘(xv) A project that receives a grant under of title 23, United States Code. and Community Development Act of 1974 (42 section 5337 of title 49, United States Code. ‘‘(viii) A project eligible under section 203 U.S.C. 5301 et seq.). ‘‘(xvi) A project that receives a grant of title 23, United States Code. ‘‘(C) NON-FEDERAL SHARE.—Notwith- under section 5339 of title 49, United States ‘‘(ix) A project eligible under section 204 of standing any other provision of law, in the Code. title 23, United States Code. case of a project described in clauses (i) ‘‘(xvii) A project that receives a grant ‘‘(x) A project eligible under section 165 of through (x) of subparagraph (B) that is car- under section 5307 of title 49, United States title 23, United States Code. ried out with funds provided under a pay- Code. ‘‘(xi) A project that receives a grant under ment made under this section, the State, ‘‘(xviii) A project that receives a grant section 117 of title 23, United States Code. Tribal government, or unit of local govern- under section 5311 of title 49, United States ‘‘(xii) A project that receives a grant under ment shall not be required to provide a non- Code. the program for national infrastructure in- Federal share. ‘‘(xix) A project that receives a grant vestments (commonly known as the ‘Re- ‘‘(D) AVAILABILITY.—Funds provided under under title I of the Housing and Community building American Infrastructure with Sus- a payment made under this section to a Development Act of 1974 (42 U.S.C. 5301 et tainability and Equity (RAISE) grant pro- State, Tribal government, or unit of local seq.). gram’). government shall remain available for the ‘‘(C) NON-FEDERAL SHARE.—Notwith- ‘‘(xiii) A project that receives credit assist- use described in subparagraph (A) after De- standing any other provision of law, in the ance under the TIFIA program under chapter cember 31, 2021, to the extent that, not later case of a project described in clauses (i) 6 of title 23, United States Code. than 1 year after the date of enactment of through (x) of subparagraph (B) that is car- ‘‘(xiv) A project that receives a grant this paragraph, the State, Tribal govern- ried out with funds provided under a pay- under section 5309 of title 49, United States ment, or unit of local government allocates ment made under this section, the State, ter- Code. such funds (in accordance with a process to ritory, or Tribal government shall not be re- ‘‘(xv) A project that receives a grant under be established by the Secretary) to a project quired to provide a non-Federal share. section 5337 of title 49, United States Code. described in subparagraph (B).’’; ‘‘(D) AVAILABILITY.—Funds provided under ‘‘(xvi) A project that receives a grant (2) in section 602— a payment made under this section to a under section 5339 of title 49, United States (A) in subsection (a)(1), by inserting ‘‘(ex- State, territory, or Tribal government shall Code. cept as provided in subsection (c)(4))’’ after remain available for the use described in ‘‘(xvii) A project that receives a grant ‘‘December 31, 2024’’; and subparagraph (A) after December 31, 2024, to under section 5307 of title 49, United States (B) in subsection (c)— the extent that, not later than such date, the Code. (i) in paragraph (1), in the matter pre- State, territory, or Tribal government allo- ‘‘(xviii) A project that receives a grant ceding subparagraph (A), by striking ‘‘para- cates such funds (in accordance with a proc- under section 5311 of title 49, United States graph (3)’’ and inserting ‘‘paragraphs (3) and ess to be established by the Secretary) to a Code. (4)’’; and project described in subparagraph (B).’’; and ‘‘(xix) A project that receives a grant (ii) by adding at the end the following new (C) in subsection (g)(1)(B), by striking under title I of the Housing and Community paragraph: ‘‘have been expended or returned to, or re- Development Act of 1974 (42 U.S.C. 5301 et ‘‘(4) AUTHORITY TO USE FUNDS FOR CERTAIN covered by, the Secretary.’’ and inserting the seq.). INFRASTRUCTURE PROJECTS.— following: ‘‘have been— ‘‘(C) NON-FEDERAL SHARE.—Notwith- ‘‘(A) IN GENERAL.—Notwithstanding any ‘‘(i) expended or returned to, or recovered standing any other provision of law, in the other provision of law, a State, territory, or by, the Secretary; or case of a project described in clauses (i) Tribal government receiving a payment ‘‘(ii) allocated by the State, territory, or through (x) of subparagraph (B) that is car- under this section may use funds provided Tribal government for a project described in ried out with funds provided under a pay- under such payment for a project described subparagraph (B) of subsection (c)(4) in ac- ment made under this section, the metro- in subparagraph (B), including— cordance with subparagraph (D) of such sub- politan city, nonentitlement unit of local ‘‘(i) in the case of a project described in section.’’; and government, or county shall not be required clause (xi), (xii), or (xiii) of that subpara- (3) in subsection 603— to provide a non-Federal share. graph, to satisfy a non-Federal share re- (A) in subsection (a), by inserting ‘‘(except ‘‘(D) AVAILABILITY.—Funds provided under quirement applicable to such a project; and as provided in subsection (c)(5))’’ after ‘‘De- a payment made under this section to a met- ‘‘(ii) in the case of a project described in cember 31, 2024’’; and ropolitan city, nonentitlement unit of local clause (xiii) of that subparagraph, to repay a (B) in subsection (c)— government, or county shall remain avail- loan provided under the program described in (i) in paragraph (1), in the matter pre- able for the use described in subparagraph that clause. ceding subparagraph (A), by striking ‘‘para- (A) after December 31, 2024, to the extent ‘‘(B) PROJECTS DESCRIBED.—A project re- graphs (3) and (4)’’ and inserting ‘‘paragraphs that, not later than such date, the metro- ferred to in subparagraph (A) is any of the (3), (4), and (5)’’; and politan city, nonentitlement unit of local following: (ii) by adding at the end the following new government, or county allocates such funds ‘‘(i) A project eligible under section 133 of paragraph: (in accordance with a process to be estab- title 23, United States Code. ‘‘(5) AUTHORITY TO USE FUNDS FOR CERTAIN lished by the Secretary) to a project de- ‘‘(ii) A project eligible under section 119 of INFRASTRUCTURE PROJECTS.— scribed in subparagraph (B).’’. title 23, United States Code. ‘‘(A) IN GENERAL.—Notwithstanding any (b) TECHNICAL AMENDMENTS.—Sections ‘‘(iii) A project eligible under section 148 of other provision of law, a metropolitan city, 602(c)(3) and 603(c)(3) of title VI of the Social title 23, United States Code. nonentitlement unit of local government, or Security Act (42 U.S.C. 802(c)(3), 803(c)(3)) are ‘‘(iv) A project eligible under section 167 of county receiving a payment under this sec- each amended by striking ‘‘paragraph (17) title 23, United States Code. tion may use funds provided under such pay- of’’. ‘‘(v) A project eligible under section 149 of ment for a project described in subparagraph (c) EFFECTIVE DATE.—The amendments title 23, United States Code. (B), including— made by this section shall take effect as if ‘‘(vi) An activity to carry out section 134 of ‘‘(i) in the case of a project described in included in— title 23, United States Code. clause (xi), (xii), or (xiii) of that subpara- (1) in the case of the amendments made by ‘‘(vii) A project eligible under section 202 graph, to satisfy a non-Federal share re- subsection (a)(1), the enactment of the of title 23, United States Code. quirement applicable to such a project; and CARES Act (Public Law 116–136); and ‘‘(viii) A project eligible under section 203 ‘‘(ii) in the case of a project described in (2) in the case of the amendments made by of title 23, United States Code. clause (xiii) of that subparagraph, to repay a paragraphs (2) and (3) of subsection (a) and

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subsection (b), the enactment of the Amer- (1) SECURE PAYMENTS.—Section 101 of the gram to allow an applicable designee to ap- ican Rescue Plan Act of 2021 (Public Law 117– Secure Rural Schools and Community Self- point members of resource advisory commit- 2). Determination Act of 2000 (16 U.S.C. 7111) is tees. amended, in subsections (a) and (b), by strik- ‘‘(B) GEOGRAPHIC LIMITATION.—The regional SA 2156. Mr. GRAHAM (for himself ing ‘‘2015, 2017, 2018, 2019, and 2020’’ each pilot program shall only apply to resource and Mr. LUJA´ N) submitted an amend- place it appears and inserting ‘‘2015 and 2017 advisory committees chartered in— ment intended to be proposed to through 2023’’. ‘‘(i) the State of Montana; and amendment SA 2137 proposed by Mr. (2) COUNTY PAYMENT ELECTIONS.—Section ‘‘(ii) the State of Arizona. 102(b) of the Secure Rural Schools and Com- ‘‘(C) RESPONSIBILITIES OF APPLICABLE DES- SCHUMER (for Ms. SINEMA (for herself, munity Self-Determination Act of 2000 (16 IGNEE.— Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- U.S.C. 7112(b)) is amended— ‘‘(i) REVIEW.—Before appointing a member SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. (A) in paragraph (1)— of a resource advisory committee under the TESTER, Ms. MURKOWSKI, Mr. WARNER, (i) in subparagraph (A), by striking ‘‘and regional pilot program, an applicable des- and Mr. ROMNEY)) to the bill H.R. 3684, August 1 of each second fiscal year there- ignee shall conduct the review and analysis to authorize funds for Federal-aid high- after’’ and inserting ‘‘by August 1 of each that would otherwise be conducted for an ap- ways, highway safety programs, and second fiscal year thereafter through fiscal pointment to a resource advisory committee transit programs, and for other pur- year 2021, and by September 30, 2022, for the if the regional pilot program was not in ef- payment for fiscal year 2022’’; and fect, including any review and analysis with poses; which was ordered to lie on the (ii) in subparagraph (D)— respect to civil rights and budgetary require- table; as follows: (I) in the subparagraph heading, by strik- ments. At the appropriate place in division F, in- ing ‘‘2020’’ and inserting ‘‘2021’’; and ‘‘(ii) SAVINGS CLAUSE.—Nothing in this sert the following: (II) by striking ‘‘2020’’ and inserting ‘‘2021’’; paragraph relieves an applicable designee SEC. lllll. E-RATE SUPPORT FOR SCHOOL and from any requirement developed by the Sec- BUS WI-FI. (B) in paragraph (2)— retary concerned for making an appointment (a) DEFINITION.—In this section, the term (i) in subparagraph (A), by striking ‘‘2020’’ to a resource advisory committee that is in ‘‘school bus’’ means a passenger motor vehi- and inserting ‘‘2021’’; and effect on December 20, 2018, including any re- cle that is— (ii) in subparagraph (B)— quirement for advertising a vacancy. (1) designed to carry a driver and not less (I) by striking ‘‘2013, the election’’ and in- ‘‘(4) NATIONAL PILOT PROGRAM.— than 5 passengers; and serting ‘‘2013’’; ‘‘(A) IN GENERAL.—The Secretary con- (2) used significantly to transport early (II) by striking ‘‘2020’’ and inserting ‘‘2021’’; cerned shall carry out a national pilot pro- child education, elementary school, or sec- (III) by striking ‘‘If a county elects’’ and gram to allow the Chief of the Forest Service ondary school students to or from school or inserting the following: or the Director of the Bureau of Land Man- an event related to school. ‘‘(i) ELECTION FOR FISCAL YEAR 2013.—A agement, as applicable, to submit to the Sec- (b) RULEMAKING.—Notwithstanding the county election’’; and retary concerned nominations of individuals limitations under paragraphs (1)(B) and (IV) by adding at the end the following: for appointment as members of resource ad- (2)(A) of section 254(h) of the Communica- ‘‘(ii) ELECTION FOR FISCAL YEAR 2022.—A visory committees. tions Act of 1934 (47 U.S.C. 254(h)) regarding county election to receive a share of the ‘‘(B) APPOINTMENT.—Under the national the authorized recipients and uses of dis- State payment or county payment for fiscal pilot program, subject to subparagraph (C), counted telecommunications services, not year 2022 shall be effective for each of fiscal not later than 30 days after the date on later than 180 days after the date of enact- years 2022 and 2023.’’. which a nomination is transmitted to the ment of this Act, the Federal Communica- (3) COUNTY ALLOCATION ELECTIONS.—Section Secretary concerned under subparagraph (A), tions Commission shall commence a rule- 102(d) of the Secure Rural Schools and Com- the Secretary concerned shall— making to make the provision of Wi-Fi ac- munity Self-Determination Act of 2000 (16 ‘‘(i) appoint the nominee to the applicable cess on school buses eligible for support U.S.C. 7112(d)) is amended— resource advisory committee; or under the E-rate program of the Commission (A) in subparagraph (F) of paragraph (1)— ‘‘(ii) reject the nomination. set forth under subpart F of part 54 of title (i) in the subparagraph heading, by strik- ‘‘(C) AUTOMATIC APPOINTMENT.—If the Sec- 47, Code of Federal Regulations. ing ‘‘2020’’ and inserting ‘‘2021’’; and retary concerned does not act on a nomina- (ii) by striking ‘‘2020’’ and inserting ‘‘2021’’; tion in accordance with subparagraph (B) by SA 2157. Mr. CRAPO (for himself, Mr. and the date described in that subparagraph, the WYDEN, and Mr. RISCH) submitted an (B) in subparagraph (D) of paragraph (3)— nominee shall be deemed appointed to the amendment intended to be proposed to (i) in the subparagraph heading, by strik- applicable resource advisory committee. ‘‘(D) GEOGRAPHIC LIMITATION.—The na- amendment SA 2137 proposed by Mr. ing ‘‘2020’’ and inserting ‘‘2021’’; and (ii) by striking ‘‘2020’’ and inserting ‘‘2021’’. tional pilot program shall apply to a re- SCHUMER (for Ms. SINEMA (for herself, (4) DISTRIBUTION OF PAYMENTS TO ELIGIBLE source advisory committee chartered in any Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- COUNTIES.—Section 103(d)(2) of the Secure State other than— SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. Rural Schools and Community Self-Deter- ‘‘(i) the State of Montana; or TESTER, Ms. MURKOWSKI, Mr. WARNER, mination Act of 2000 (16 U.S.C. 7113(d)(2)) is ‘‘(ii) the State of Arizona. and Mr. ROMNEY)) to the bill H.R. 3684, amended by striking ‘‘2020’’ and inserting ‘‘(E) SAVINGS CLAUSE.—Nothing in this to authorize funds for Federal-aid high- ‘‘2023’’. paragraph relieves the Secretary concerned ways, highway safety programs, and (c) PILOT PROGRAM TO STREAMLINE NOMI- from any requirement relating to an ap- pointment to a resource advisory committee, transit programs, and for other pur- NATION OF MEMBERS OF RESOURCE ADVISORY COMMITTEES.—Section 205 of the Secure including any requirement with respect to poses; which was ordered to lie on the Rural Schools and Community Self-Deter- civil rights or advertising a vacancy. table; as follows: mination Act of 2000 (16 U.S.C. 7125) is ‘‘(5) TERMINATION OF EFFECTIVENESS.—The Strike section 41202 of division D and in- amended by striking subsection (g) and in- authority provided under this subsection ter- sert the following: serting the following: minates on October 1, 2023. SEC. 41202. EXTENSION OF SECURE RURAL ‘‘(g) RESOURCE ADVISORY COMMITTEE AP- ‘‘(6) REPORT TO CONGRESS.—Not later 180 SCHOOLS AND COMMUNITY SELF- POINTMENT PILOT PROGRAMS.— days after the date described in paragraph DETERMINATION ACT OF 2000. ‘‘(1) DEFINITIONS.—In this subsection: (5), the Secretary concerned shall submit to (a) DEFINITION OF FULL FUNDING AMOUNT.— ‘‘(A) APPLICABLE DESIGNEE.—The term ‘ap- Congress a report that includes— Section 3(11) of the Secure Rural Schools and plicable designee’ means the applicable re- ‘‘(A) with respect to appointments made Community Self-Determination Act of 2000 gional forester. under the regional pilot program compared (16 U.S.C. 7102(11)) is amended by striking ‘‘(B) NATIONAL PILOT PROGRAM.—The term to appointments made under the national subparagraphs (D) and (E) and inserting the ‘national pilot program’ means the national pilot program, a description of the extent to following: pilot program established under paragraph which— ‘‘(D) for fiscal year 2017, the amount that is (4)(A). ‘‘(i) appointments were faster or slower; equal to 95 percent of the full funding ‘‘(C) REGIONAL PILOT PROGRAM.—The term and amount for fiscal year 2015; ‘regional pilot program’ means the regional ‘‘(ii) the requirements described in para- ‘‘(E) for each of fiscal years 2018 through pilot program established under paragraph graph (3)(C)(i) differ; and 2020, the amount that is equal to 95 percent (3)(A). ‘‘(B) a recommendation with respect to of the full funding amount for the preceding ‘‘(2) ESTABLISHMENT OF PILOT PROGRAMS.— whether Congress should terminate, con- fiscal year; and In accordance with paragraphs (3) and (4), tinue, modify, or expand the pilot pro- ‘‘(F) for fiscal year 2021 and each fiscal the Secretary concerned shall carry out 2 grams.’’. year thereafter, the amount that is equal to pilot programs to appoint members of re- (d) EXTENSION OF AUTHORITY TO CONDUCT the full funding amount for fiscal year source advisory committees. SPECIAL PROJECTS ON FEDERAL LAND.— 2017.’’. ‘‘(3) REGIONAL PILOT PROGRAM.— (1) EXISTING ADVISORY COMMITTEES.—Sec- (b) SECURE PAYMENTS FOR STATES AND ‘‘(A) IN GENERAL.—The Secretary con- tion 205(a)(4) of the Secure Rural Schools and COUNTIES CONTAINING FEDERAL LAND.— cerned shall carry out a regional pilot pro- Community Self-Determination Act of 2000

VerDate Sep 11 2014 03:44 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.030 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5579 (16 U.S.C. 7125(a)(4)) is amended by striking was ordered to lie on the table; as fol- (B) A labor or labor-management organiza- ‘‘December 20, 2021’’ each place it appears lows: tion with experience working in the tele- and inserting ‘‘December 20, 2023’’. On page 2386, strike lines 14 through 19 and communications industry or a similar indus- (2) EXTENSION OF AUTHORITY.—Section 208 insert the following: try. of the Secure Rural Schools and Community ‘‘(3) CLEAN SCHOOL BUS.—The term ‘clean (C) The Telecommunications Industry Reg- Self-Determination Act of 2000 (16 U.S.C. school bus’ means a school bus that the Ad- istered Apprenticeship Program. 7128) is amended— ministrator certifies reduces emissions and (D) A nonprofit organization dedicated to (A) in subsection (a), by striking ‘‘2022’’ is operated entirely or in part using an alter- helping individuals gain employment in the and inserting ‘‘2025’’; and native fuel. telecommunications industry. (B) in subsection (b), by striking ‘‘2023’’ On page 2390, line 6, insert ‘‘cost’’ before (E) A community or technical college with and inserting ‘‘2026’’. ‘‘competitive’’. experience in providing workforce develop- (e) ACCESS TO BROADBAND AND OTHER TECH- On page 2390, lines 23 and 24, strike ‘‘and ment for individuals seeking employment in NOLOGY.—Section 302(a) of the Secure Rural zero-emission school buses’’. the telecommunications industry or a simi- Schools and Community Self-Determination On page 2392, line 7, strike ‘‘or’’. lar industry. Act of 2000 (16 U.S.C. 7142(a)) is amended— On page 2392, strike line 14 and insert the (F) A Federal agency laboratory special- (1) in paragraph (3), by striking ‘‘and’’ at following: izing in telecommunications technology. the end; ‘‘(iii) issuance of school bonds; or (4) FUND.—The term ‘‘Fund’’ means the (2) in paragraph (4), by striking the period ‘‘(D) propose to replace school buses with Telecommunications Workforce Training at the end and inserting ‘‘; and’’; and clean school buses that utilize alternative Grant Program Fund established under sub- (3) by adding at the end the following: fuels created in the United States. section (d)(1). ‘‘(5) to provide or expand access to— On page 2397, lines 5 and 6, strike ‘‘and (5) GRANT PROGRAM.—The term ‘‘Grant ‘‘(A) broadband telecommunications serv- zero-emission school buses’’. Program’’ means the Telecommunications ices at local schools; or Workforce Training Grant Program estab- ‘‘(B) the technology and connectivity nec- SA 2159. Mr. WICKER submitted an lished under subsection (c). essary for students to use a digital learning amendment intended to be proposed to (6) HISTORICALLY BLACK COLLEGE OR UNI- tool at or outside of a local school campus.’’. amendment SA 2137 proposed by Mr. VERSITY.—The term ‘‘historically Black col- (f) EXTENSION OF AUTHORITY TO EXPEND SCHUMER (for Ms. SINEMA (for herself, lege or university’’ has the meaning given COUNTY FUNDS.—Section 304 of the Secure Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- the term ‘‘part B institution’’ in section 322 Rural Schools and Community Self-Deter- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. of the Higher Education Act of 1965 (20 U.S.C. mination Act of 2000 (16 U.S.C. 7144) is TESTER, Ms. MURKOWSKI, Mr. WARNER, 1061). amended— and Mr. ROMNEY)) to the bill H.R. 3684, (7) INDUSTRY FIELD ACTIVITIES.—The term (1) in subsection (a), by striking ‘‘2022’’ and to authorize funds for Federal-aid high- ‘‘industry field activities’’ means activities inserting ‘‘2025’’; and ways, highway safety programs, and at active telecommunications, cable, and (2) in subsection (b), by striking ‘‘2023’’ and broadband network worksites, such as tow- inserting ‘‘2026’’. transit programs, and for other pur- ers, construction sites, and network manage- (g) AMOUNTS OBLIGATED BUT UNSPENT; PRO- poses; which was ordered to lie on the ment hubs. HIBITION ON USE OF FUNDS.—Title III of the table; as follows: (8) INDUSTRY PARTNER.—The term ‘‘indus- Secure Rural Schools and Community Self- At the end of division F, add the following: try partner’’ means an entity described in Determination Act of 2000 (16 U.S.C. 7141 et TITLE VI—NO REGULATION OF RATES subparagraphs (A) through (F) of paragraph seq.) is amended— PERMITTED (3) with which an eligible entity forms a (1) by redesignating section 304 as section SEC. 60601. NO REGULATION OF RATES PER- partnership to carry out a training program. 305; and MITTED. (9) MINORITY-SERVING INSTITUTION.—The (2) by inserting after section 303 the fol- Nothing in this division may be construed term ‘‘minority-serving institution’’ means lowing: to authorize any Federal or State agency or an institution described in section 371(a) of ‘‘SEC. 304. AMOUNTS OBLIGATED BUT UNSPENT; entity to regulate the rates charged for the Higher Education Act of 1965 (20 U.S.C. PROHIBITION ON USE OF FUNDS. broadband service. 1067q(a)). ‘‘(a) AMOUNTS OBLIGATED BUT UNSPENT.— (10) TRAINING PROGRAM.—The term ‘‘train- Any county funds that were obligated by the SA 2160. Mr. WICKER submitted an ing program’’ means a credit or non-credit applicable participating county before Octo- amendment intended to be proposed to program developed by an eligible entity, in ber 1, 2017, but are unspent on October 1, amendment SA 2137 proposed by Mr. partnership with an industry partner, that— 2020— SCHUMER (for Ms. SINEMA (for herself, (A) is designed to educate and train stu- ‘‘(1) may, at the option of the participating dents to participate in the telecommuni- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- county, be deemed to have been reserved by cations workforce; and SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. the participating county on October 1, 2020, (B) includes a curriculum and apprentice- for expenditure in accordance with this title; TESTER, Ms. MURKOWSKI, Mr. WARNER, ship or internship opportunities that can and and Mr. ROMNEY)) to the bill H.R. 3684, also be paired with— ‘‘(2)(A) may be used by the participating to authorize funds for Federal-aid high- (i) a degree program; or county for any authorized use under section ways, highway safety programs, and (ii) stacked credentialing toward a degree. 302(a); and transit programs, and for other pur- (11) TRIBAL COLLEGE OR UNIVERSITY.—The ‘‘(B) on a determination by the partici- poses; which was ordered to lie on the term ‘‘Tribal College or University’’ has the pating county under subparagraph (A) to use table; as follows: meaning given the term in section 316(b)(3) the county funds, shall be available for of the Higher Education Act of 1965 (20 U.S.C. At the appropriate place in division F, in- projects initiated after October 1, 2020, sub- 1059c(b)(3)). sert the following: ject to section 305. (c) PROGRAM.—The Assistant Secretary, SEC. lll. TELECOMMUNICATIONS WORKFORCE ‘‘(b) PROHIBITION ON USE OF FUNDS.—Not- TRAINING GRANT PROGRAM. acting through the Office of Minority withstanding any other provision of law, ef- (a) SHORT TITLE.—This section may be Broadband Initiatives established under sec- fective beginning on the date of enactment cited as the ‘‘Improving Minority Participa- tion 902(b)(1) of division N of the Consoli- of the Infrastructure Investment and Jobs tion And Careers in Telecommunications dated Appropriations Act, 2021 (Public Law Act, no county funds made available under Act’’ or the ‘‘IMPACT Act’’. 116–260), shall establish a program, to be this title may be used by any participating (b) DEFINITIONS.—In this section: known as the ‘‘Telecommunications Work- county for any lobbying activity, regardless (1) ASSISTANT SECRETARY.—The term ‘‘As- force Training Grant Program’’, under which of the purpose for which the funds are obli- sistant Secretary’’ means the Assistant Sec- the Assistant Secretary awards grants to eli- gated on or before that date.’’. retary of Commerce for Communications and gible entities to develop training programs. Information. (d) FUND.— SA 2158. Ms. ERNST (for herself and (2) COVERED GRANT.—The term ‘‘covered (1) ESTABLISHMENT.—There is established Mr. MORAN) submitted an amendment grant’’ means a grant awarded under sub- in the Treasury of the United States a fund intended to be proposed to amendment section (c). to be known as the ‘‘Telecommunications SA 2137 proposed by Mr. SCHUMER (for (3) ELIGIBLE ENTITY.—The term ‘‘eligible Workforce Training Grant Program Fund’’. Ms. SINEMA (for herself, Mr. PORTMAN, entity’’ means a historically Black college (2) AVAILABILITY.—Amounts in the Fund Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA- or university, Tribal College or University, shall be available to the Assistant Secretary to carry out the Grant Program. HEEN, Ms. COLLINS, Mr. TESTER, Ms. or minority-serving institution, or a consor- tium of such entities, that forms a partner- (e) APPLICATION.— MURKOWSKI, Mr. WARNER, and Mr. ROM- ship with 1 or more of the following entities (1) IN GENERAL.—An eligible entity desiring NEY)) to the bill H.R. 3684, to authorize to carry out a training program: a covered grant shall submit an application funds for Federal-aid highways, high- (A) A member of the telecommunications to the Assistant Secretary at such time, in way safety programs, and transit pro- industry, such as a company or industry as- such manner, and containing such informa- grams, and for other purposes; which sociation. tion as the Assistant Secretary may require.

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SCHUMER (for Ms. SINEMA (for herself, ner of the eligible entity to collaborate with (h) RULES.—Not later than 180 days after Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- the eligible entity to develop a training pro- the date of enactment of this Act, after pro- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. gram, including curricula and internships or viding public notice and an opportunity to apprenticeships; comment, the Assistant Secretary, in con- TESTER, Ms. MURKOWSKI, Mr. WARNER, (B) a description of how the eligible entity sultation with the Secretary of Labor and and Mr. ROMNEY)) to the bill H.R. 3684, plans to use the covered grant, including the the Secretary of Education, shall issue final to authorize funds for Federal-aid high- type of training program the eligible entity rules governing the Grant Program. ways, highway safety programs, and plans to develop; (i) TERM.—The Assistant Secretary shall transit programs, and for other pur- (C) a plan for recruitment of students and establish the term of a covered grant, which poses; which was ordered to lie on the potential students to participate in the may not be less than 5 years. table; as follows: training program; (j) GRANTEE REPORTS.—During the term of a covered grant received by an eligible enti- At the appropriate place in division D, in- (D) a plan to increase female student par- sert the following: ticipation in the training program of the eli- ty, the eligible entity shall submit to the As- sistant Secretary a semiannual report that, SEC. llll. ELIGIBILITY OF CERTAIN AREAS TO gible entity; and RECEIVE PICK-SLOAN MISSOURI (E) a description of potential jobs to be se- with respect to the preceding 6-month pe- riod— BASIN PROGRAM PUMPING POWER. cured through the training program, includ- Section 5(a) of Public Law 89–108 (79 Stat. (1) describes how the eligible entity used ing jobs in the communities surrounding the 435; 100 Stat. 419; 114 Stat. 2763A–284) is the covered grant amounts; eligible entity. amended by adding at the end the following: (2) describes the progress the eligible enti- (f) USE OF FUNDS.—An eligible entity may ‘‘(6) ELIGIBILITY OF CERTAIN IRRIGATION DIS- ty made in developing and executing the use a covered grant, with respect to the TRICTS TO RECEIVE PUMPING POWER.— training program of the eligible entity; training program of the eligible entity, to— ‘‘(A) DEFINITION OF ELIGIBLE IRRIGATION (3) describes the number of faculty and stu- (1) hire faculty members to teach courses DISTRICT.—In this paragraph, the term ‘eligi- dents participating in the training program in the training program; ble irrigation district’ means an irrigation of the eligible entity; (2) train faculty members to prepare stu- district that is located in— (4) describes the partnership with the in- dents for employment in jobs related to the ‘‘(i) the test area referred to in paragraph dustry partner of the eligible entity, includ- deployment of next-generation wired and (1); or ing— wireless communications networks, includ- ‘‘(ii) an area within the 28,000-acre area de- (A) the commitments and in-kind contribu- ing 5G networks, hybrid fiber-coaxial net- scribed in paragraph (3) that is analyzed by tions made by the industry partner; and works, and fiber infrastructure, particularly the Secretary but not developed under that (B) the role of the industry partner in cur- in— paragraph. riculum development, the degree program, (A) broadband and wireless network engi- ‘‘(B) ELIGIBILITY.—An eligible irrigation and internships and apprenticeships; and neering; district shall be eligible to receive Pick- (5) includes data on internship, apprentice- (B) network deployment and maintenance; Sloan Missouri Basin Program pumping ship, and employment opportunities and (C) industry field activities; and power— placements. ‘‘(i) subject to any terms and at any rates (D) cybersecurity; (k) OVERSIGHT.— established by the Secretary; and (3) design and develop curricula and other (1) AUDITS.—The Inspector General of the ‘‘(ii) in accordance with a contract entered components necessary for degrees, courses, Department of Commerce shall audit the into under subparagraph (C). or programs of study, including certificate Grant Program in order to— ‘‘(C) CONTRACT.— programs and credentialing programs, that (A) ensure that eligible entities use cov- ‘‘(i) IN GENERAL.—Subject to clause (ii), the comprise the training program; ered grant amounts in accordance with— Secretary may enter into a contract with an (4) pay for costs associated with instruc- (i) the requirements of this section; and eligible irrigation district to provide Pick- tion under the training program, including (ii) the overall purpose of the Grant Pro- Sloan Missouri Basin Program pumping the costs of equipment, telecommunications gram, as described in subsection (c); and power to the eligible irrigation district. training towers, laboratory space, classroom (B) prevent waste, fraud, and abuse in the ‘‘(ii) REQUIREMENT.—No Pick-Sloan Mis- space, and instructional field activities; operation of the Grant Program. souri Basin Program pumping power may be (5) fund scholarships, student internships, (2) REVOCATION OF FUNDS.—The Assistant delivered to an eligible irrigation district apprenticeships, and pre-apprenticeship op- Secretary shall revoke a grant awarded to an under this paragraph until the date on which portunities; eligible entity that is not in compliance with a contract authorizing the delivery to the ir- (6) recruit students for the training pro- the requirements of this section or the over- rigation district is executed under clause gram; and all purpose of the Grant Program, as de- (i).’’. (7) support the enrollment in the training scribed in subsection (c). program of individuals working in the tele- (l) ANNUAL REPORT TO CONGRESS.—Each SA 2162. Mr. THUNE (for himself, Mr. communications industry in order to ad- year, until all covered grants have expired, TESTER, Mr. MORAN, Mr. PETERS, and vance professionally in the industry. the Assistant Secretary shall submit to Con- (g) GRANT AWARDS.— gress a report that— Mr. KING) submitted an amendment in- (1) DEADLINE.—Not later than 2 years after (1) identifies each eligible entity that re- tended to be proposed to amendment the date on which amounts are appropriated ceived a covered grant and the amount of the SA 2137 proposed by Mr. SCHUMER (for to the Fund pursuant to subsection (m), the covered grant; Ms. SINEMA (for herself, Mr. PORTMAN, Assistant Secretary shall award all covered (2) describes the progress each eligible en- Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA- grants. tity described in paragraph (1) has made to- HEEN, Ms. COLLINS, Mr. TESTER, Ms. (2) MINIMUM ALLOCATION TO CERTAIN ENTI- ward accomplishing the overall purpose of MURKOWSKI, Mr. WARNER, and Mr. ROM- TIES.—The Assistant Secretary shall award the Grant Program, as described in sub- NEY)) to the bill H.R. 3684, to authorize not less than— section (c); funds for Federal-aid highways, high- (A) 30 percent of covered grant amounts to (3) summarizes the job placement status or way safety programs, and transit pro- historically Black colleges or universities; apprenticeship opportunities of students who and have participated in the training program of grams, and for other purposes; as fol- (B) 30 percent of covered grant amounts to the eligible entity; and lows: Tribal Colleges or Universities. (4) includes the findings of any audits con- At the end of division F, insert the fol- (3) EVALUATION CRITERIA.—As part of the ducted by the Inspector General of the De- lowing: final rules issued under subsection (h), the partment of Commerce under subsection TITLE VI—TELECOMMUNICATIONS Assistant Secretary shall develop criteria for (k)(1) that were not included in the previous INDUSTRY WORKFORCE evaluating applications for covered grants. report submitted under this subsection. SEC. 60601. SHORT TITLE. (4) COORDINATION.—The Assistant Sec- (m) AUTHORIZATION OF APPROPRIATIONS.— This title may be cited as the ‘‘Tele- retary shall ensure that grant amounts (1) IN GENERAL.—There is authorized to be communications Skilled Workforce Act’’. awarded under paragraph (2) are coordinated appropriated to the Fund a total of SEC. 60602. TELECOMMUNICATIONS INTER- with grant amounts provided under section $100,000,000 for fiscal years 2022 through 2027, AGENCY WORKING GROUP. 902 of division N of the Consolidated Appro- to remain available until expended. (a) IN GENERAL.—Part I of title III of the priations Act, 2021 (Public Law 116–260). (2) ADMINISTRATION.—The Assistant Sec- Communications Act of 1934 (47 U.S.C. 301 et (5) CONSTRUCTION.—In awarding covered retary may use not more than 2 percent of seq.) is amended by adding at the end the fol- grants for training or education relating to the amounts appropriated to the Fund for lowing: construction, the Assistant Secretary may the administration of the Grant Program. ‘‘SEC. 344. TELECOMMUNICATIONS INTERAGENCY prioritize applicants that partner with— WORKING GROUP. (A) apprenticeship programs; SA 2161. Mr. CRAMER (for himself ‘‘(a) DEFINITION.—In this section, the term (B) pre-apprenticeship programs; or and Mr. HOEVEN) submitted an amend- ‘telecommunications interagency working

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group’ means the interagency working group maintenance, appointed by the Secretary of ‘‘(4) PUBLIC POSTING.—The Commission and established under subsection (b)(1). Labor. the Secretary of Labor shall make a copy of ‘‘(b) ESTABLISHMENT.— ‘‘(5) A representative of a telecommuni- the report submitted under paragraph (1) ‘‘(1) IN GENERAL.—Not later than 60 days cations industry association, appointed by available to the public on the websites of the after the date of enactment of this section, the Chairman of the Commission. Commission and the Department of Labor, the Chairman of the Commission, in partner- ‘‘(6) A representative of an Indian Tribe or respectively. ship with the Secretary of Labor, shall es- Tribal organization, appointed by the Chair- ‘‘(h) NONAPPLICABILITY OF FACA.—The tablish within the Commission an inter- man of the Commission. Federal Advisory Committee Act (5 U.S.C. agency working group to develop rec- ‘‘(7) A representative of a rural tele- App.) shall not apply to the telecommuni- ommendations to address the workforce communications carrier, appointed by the cations interagency working group.’’. needs of the telecommunications industry, Chairman of the Commission. (b) SUNSET.—Section 344 of the Commu- including the safety of that workforce. ‘‘(8) A representative of a telecommuni- nications Act of 1934, as added by subsection ‘‘(2) DATE OF ESTABLISHMENT.—The tele- cations contractor firm, appointed by the (a), shall be repealed on the day after the communications interagency working group Chairman of the Commission. date on which the interagency working shall be considered established on the date ‘‘(9) A representative of an institution of group established under subsection (b)(1) of on which a majority of the members of the higher education described in section 371(a) that section submits the report to Congress working group have been appointed, con- of the Higher Education Act of 1965 (20 U.S.C. under subsection (g) of that section. sistent with subsection (d). 1067q(a)), appointed by the Secretary of Edu- SEC. 60603. TELECOMMUNICATIONS WORKFORCE ‘‘(c) DUTIES.—In developing recommenda- cation. GUIDANCE. tions under subsection (b), the telecommuni- ‘‘(10) A public interest advocate for tower Not later than 1 year after the date of en- cations interagency working group shall— climber safety, appointed by the Secretary ‘‘(1) determine whether, and if so how, any actment of this Act, the Secretary of Labor, of Labor. in partnership with the Chairman of the Fed- Federal laws, regulations, guidance, policies, ‘‘(11) A representative of the Directorate of eral Communications Commission, shall es- or practices, or any budgetary constraints, Construction of the Occupational Safety and tablish and issue guidance on how States can may be amended to strengthen the ability of Health Administration, appointed by the address the workforce needs and safety of institutions of higher education (as defined Secretary of Labor. the telecommunications industry, including in section 101 of the Higher Education Act of ‘‘(12) A representative of a labor organiza- guidance on how a State workforce develop- 1965 (20 U.S.C. 1001)) or for-profit businesses tion representing the telecommunications ment board established under section 101 of to establish, adopt, or expand programs in- workforce, appointed by the Secretary of the Workforce Innovation and Opportunity tended to address the workforce needs of the Labor. telecommunications industry, including the ‘‘(e) NO COMPENSATION.—A member of the Act (29 U.S.C. 3111) can— workforce needed to build and maintain the telecommunications interagency working (1) utilize Federal resources available to 5G wireless infrastructure necessary to sup- group shall serve without compensation. States to meet the workforce needs of the port 5G wireless technology; ‘‘(f) OTHER MATTERS.— telecommunications industry; ‘‘(2) identify potential policies and pro- ‘‘(1) CHAIR AND VICE CHAIR.—The tele- (2) promote and improve recruitment in grams that could encourage and improve co- communications interagency working group workforce development programs in the tele- ordination among Federal agencies, between shall name a chair and a vice chair, who communications industry; and Federal agencies and States, and among shall be responsible for organizing the busi- (3) ensure the safety of the telecommuni- States, on telecommunications workforce ness of the working group. cations workforce, including tower climbers. needs; ‘‘(2) SUBGROUPS.—The chair and vice chair SEC. 60604. GAO ASSESSMENT OF WORKFORCE ‘‘(3) identify ways in which existing Fed- of the telecommunications interagency NEEDS OF THE TELECOMMUNI- eral programs, including programs that help working group, in consultation with the CATIONS INDUSTRY. facilitate the employment of veterans and other members of the telecommunications (a) DEFINITIONS.—In this section, the term military personnel transitioning into civil- interagency working group, may establish ‘‘appropriate congressional committees’’ ian life, could be leveraged to help address such subgroups as necessary to help conduct means— the workforce needs of the telecommuni- the work of the telecommunications inter- (1) the Committee on Commerce, Science, cations industry; agency working group. and Transportation of the Senate; ‘‘(4) identify ways to improve recruitment ‘‘(3) SUPPORT.—The Commission and the (2) the Committee on Health, Education, in workforce development programs in the Secretary of Labor may detail employees of Labor, and Pensions of the Senate; telecommunications industry; the Commission and the Department of (3) the Committee on Energy and Com- ‘‘(5) identify Federal incentives that could Labor, respectively, to assist and support the merce of the House of Representatives; and be provided to institutions of higher edu- work of the telecommunications interagency (4) the Committee on Education and Labor cation, for-profit businesses, State workforce working group, though such a detailee shall of the House of Representatives. development boards established under sec- not be considered to be a member of the (b) REPORT.—Not later than 180 days after tion 101 of the Workforce Innovation and Op- working group. the date of enactment of this Act, the Comp- portunity Act (29 U.S.C. 3111), or other rel- ‘‘(g) REPORT TO CONGRESS.— troller General of the United States shall evant stakeholders to establish or adopt new ‘‘(1) REPORT TO CONGRESS.—Not later than 1 submit to the appropriate congressional programs, expand current programs, or part- year after the date on which the tele- committees a report that estimates the num- ner with registered apprenticeship programs, communications interagency working group ber of skilled telecommunications workers to address the workforce needs of the tele- is established, the working group shall sub- that will be required to build and maintain— communications industry, including such mit a report containing its recommendations (1) broadband infrastructure in rural areas, needs in rural areas; to address the workforce needs of the tele- including estimates based on— ‘‘(6) identify ways to improve the safety of communications industry to— (A) current need; and telecommunications workers, including ‘‘(A) the Committee on Commerce, (B) projected need, if Congress enacts legis- tower climbers; and Science, and Transportation of the Senate; lation that accelerates broadband infrastruc- ‘‘(7) identify ways that trends in wages, ‘‘(B) the Committee on Health, Education, ture construction in the United States; and benefits, and working conditions in the tele- Labor, and Pensions of the Senate; (2) the wireless infrastructure needed to communications industry impact recruit- ‘‘(C) the Committee on Energy and Com- support 5G wireless technology. ment of employees in the sector. merce of the House of Representatives; --- ‘‘(d) MEMBERS.—The telecommunications ‘‘(D) the Committee on Education and SA 2163. Mr. CARDIN (for himself, interagency working group shall be com- Labor of the House of Representatives; Mr. SCOTT of South Carolina, Mr. posed of the following representatives of ‘‘(E) the Department of Labor; and WICKER, and Ms. CANTWELL) submitted Federal agencies and relevant non-Federal ‘‘(F) the Commission. an amendment intended to be proposed industry and labor stakeholder organiza- ‘‘(2) MAJORITY SUPPORT.—The tele- to amendment SA 2137 proposed by Mr. tions: communications interagency working group ‘‘(1) A representative of the Department of may not submit the report under paragraph SCHUMER (for Ms. SINEMA (for herself, Education, appointed by the Secretary of (1) unless the report has the support of not Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- Education. less than the majority of the members of the SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ‘‘(2) A representative of the National Tele- working group. TESTER, Ms. MURKOWSKI, Mr. WARNER, communications and Information Adminis- ‘‘(3) VIEWS.—The telecommunications and Mr. ROMNEY)) to the bill H.R. 3684, tration, appointed by the Assistant Sec- interagency working group shall— to authorize funds for Federal-aid high- retary of Commerce for Communications and ‘‘(A) include with the report submitted ways, highway safety programs, and Information. under paragraph (1) any concurring or dis- transit programs, and for other pur- ‘‘(3) A representative of the Commission, senting view offered by a member of the appointed by the Chairman of the Commis- working group; and poses; which was ordered to lie on the sion. ‘‘(B) identify each member to whom each table; as follows: ‘‘(4) A representative of a registered ap- concurring or dissenting view described in At the appropriate place, insert the fol- prenticeship program in construction or subparagraph (A) should be attributed. lowing:

VerDate Sep 11 2014 03:44 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00053 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.028 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5582 CONGRESSIONAL RECORD — SENATE August 2, 2021 DIVISION lll—MINORITY BUSINESS (i) the status of the business enterprise as (B) Federal procurement; DEVELOPMENT a for-profit or not-for-profit enterprise; or (C) entrepreneurship; SEC. llll01. SHORT TITLE. (ii) the annual revenue of the business en- (D) technology transfer; or This division may be cited as the ‘‘Minor- terprise. (E) any other area determined necessary or ity Business Development Act of 2021’’. (10) NATIVE ENTITY.—The term ‘‘Native en- appropriate based on the priorities of the SEC. llll02. DEFINITIONS. tity’’ means— Agency. In this division: (A) a Tribal Government; (17) STATE.—The term ‘‘State’’ means— (1) AGENCY.—The term ‘‘Agency’’ means (B) an Alaska Native village or Regional or (A) each of the States of the United States; the Minority Business Development Agency Village Corporation, as defined in or estab- (B) the District of Columbia; of the Department of Commerce. lished pursuant to the Alaska Native Claims (C) the Commonwealth of Puerto Rico; (2) COMMUNITY-BASED ORGANIZATION.—The Settlement Act (43 U.S.C. 1601 et seq.); (D) the United States Virgin Islands; term ‘‘community-based organization’’ has (C) a Native Hawaiian organization, as (E) Guam; the meaning given the term in section 8101 of that term is defined in section 6207 of the El- (F) American Samoa; the Elementary and Secondary Education ementary and Secondary Education Act of (G) the Commonwealth of the Northern Act of 1965 (20 U.S.C. 7801). 1965 (20 U.S.C. 7517); Mariana Islands; and (3) ELIGIBLE ENTITY.—Except as otherwise (D) the Department of Hawaiian Home (H) each Tribal Government. expressly provided, the term ‘‘eligible enti- Lands; and (18) TRIBAL GOVERNMENT.—The term ‘‘Trib- ty’’— (E) the Office of Hawaiian Affairs. al Government’’ means the recognized gov- (A) means— (11) PRIVATE SECTOR ENTITY.—The term erning body of any Indian or Alaska Native (i) a private sector entity; ‘‘private sector entity’’— tribe, band, nation, pueblo, village, commu- (ii) a public sector entity; or (A) means an entity that is not a public nity, component band, or component res- (iii) a Native entity; and sector entity; and ervation, individually identified (including (B) includes an institution of higher edu- (B) does not include— parenthetically) in the list published most cation. (i) the Federal Government; recently as of the date of enactment of this (4) FEDERAL AGENCY.—The term ‘‘Federal (ii) any Federal agency; or division pursuant to section 104 of the Feder- agency’’ has the meaning given the term (iii) any instrumentality of the Federal ally Recognized Indian Tribe List Act of 1994 ‘‘agency’’ in section 551 of title 5, United Government. (25 U.S.C. 5131). States Code. (12) PUBLIC SECTOR ENTITY.—The term (19) UNDER SECRETARY.—The term ‘‘Under (5) FEDERALLY RECOGNIZED AREA OF ECO- ‘‘public sector entity’’ means— Secretary’’ means the Under Secretary of NOMIC DISTRESS.—The term ‘‘federally recog- (A) a State; Commerce for Minority Business Develop- nized area of economic distress’’ means— (B) an agency of a State; ment, who is appointed as described in sec- (A) a HUBZone, as that term is defined in (C) a political subdivision of a State; tion lll3(b) to administer this division. section 31(b) of the Small Business Act (15 (D) an agency of a political subdivision of a State; or SEC. llll03. MINORITY BUSINESS DEVELOP- U.S.C. 657a(b)); MENT AGENCY. (E) a Native entity. (B) an area that— (a) IN GENERAL.—There is within the De- (i) has been designated as— (13) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Commerce. partment of Commerce the Minority Busi- (I) an empowerment zone under section ness Development Agency. 1391 of the Internal Revenue Code of 1986; or (14) SOCIALLY OR ECONOMICALLY DISADVAN- (b) UNDER SECRETARY.— (II) a Promise Zone by the Secretary of TAGED BUSINESS CONCERN.—The term ‘‘so- (1) APPOINTMENT AND DUTIES.—The Agency Housing and Urban Development; or cially or economically disadvantaged busi- ness concern’’ means a for-profit business en- shall be headed by the Under Secretary of (ii) is a low or moderate income area, as Commerce for Minority Business Develop- determined by the Department of Housing terprise— ment, who shall— and Urban Development; (A)(i) that is not less than 51 percent (A) be appointed by the President, by and (C) a qualified opportunity zone, as that owned by 1 or more socially or economically with the advice and consent of the Senate; term is defined in section 1400Z–1 of the In- disadvantaged individuals; or (B) except as otherwise expressly provided, ternal Revenue Code of 1986; or (ii) that is socially or economically dis- be responsible for the administration of this (D) any other political subdivision or unin- advantaged; or division; and corporated area of a State determined by the (B) the management and daily business op- (C) report directly to the Secretary. Under Secretary to be an area of economic erations of which are controlled by 1 or more (2) COMPENSATION.— distress. socially or economically disadvantaged indi- (A) IN GENERAL.—The Under Secretary (6) INSTITUTION OF HIGHER EDUCATION.—The viduals. term ‘‘institution of higher education’’ has (15) SOCIALLY OR ECONOMICALLY DISADVAN- shall be compensated at an annual rate of the meaning given the term in section 101 of TAGED INDIVIDUAL.— basic pay prescribed for level III of the Exec- the Higher Education Act of 1965 (20 U.S.C. (A) IN GENERAL.—The term ‘‘socially or utive Schedule under section 5314 of title 5, 1001). economically disadvantaged individual’’ United States Code. (B) TECHNICAL AND CONFORMING AMEND- (7) MBDA BUSINESS CENTER.—The term means an individual who has been subjected ‘‘MBDA Business Center’’ means a business to racial or ethnic prejudice or cultural bias MENT.—Section 5314 of title 5, United States center that— (or the ability of whom to compete in the Code, is amended by striking ‘‘and Under (A) is established by the Agency; and free enterprise system has been impaired due Secretary of Commerce for Travel and Tour- (B) provides technical business assistance to diminished capital and credit opportuni- ism’’ and inserting ‘‘Under Secretary of to minority business enterprises consistent ties, as compared to others in the same line Commerce for Travel and Tourism, and with the requirements of this division. of business and competitive market area) be- Under Secretary of Commerce for Minority (8) MBDA BUSINESS CENTER AGREEMENT.— cause of the identity of the individual as a Business Development’’. The term ‘‘MBDA Business Center agree- member of a group, without regard to any in- (3) REFERENCES.—Any reference in a law, ment’’ means a legal instrument— dividual quality of the individual that is un- map, regulation, document, paper, or other (A) reflecting a relationship between the related to that identity. record of the United States to the Director Agency and the recipient of a Federal assist- (B) PRESUMPTION.—In carrying out this di- of the Agency shall be deemed to be a ref- ance award that is the subject of the instru- vision, the Under Secretary shall presume erence to the Under Secretary. ment; and that the term ‘‘socially or economically dis- (c) REPORT TO CONGRESS.—Not later than (B) that establishes the terms by which the advantaged individual’’ includes any indi- 120 days after the date of enactment of this recipient described in subparagraph (A) shall vidual who is— Act, the Secretary shall submit to Congress operate an MBDA Business Center. (i) Black or African American; a report that describes— (9) MINORITY BUSINESS ENTERPRISE.— (ii) Hispanic or Latino; (1) the organizational structure of the (A) IN GENERAL.—The term ‘‘minority busi- (iii) American Indian or Alaska Native; Agency; ness enterprise’’ means a business enter- (iv) Asian; (2) the organizational position of the Agen- prise— (v) Native Hawaiian or other Pacific Is- cy within the Department of Commerce; and (i) that is not less than 51 percent-owned lander; or (3) a description of how the Agency shall by 1 or more socially or economically dis- (vi) a member of a group that the Agency function in relation to the operations carried advantaged individuals; and determines under part 1400 of title 15, Code of out by each other component of the Depart- (ii) the management and daily business op- Federal Regulations, as in effect on Novem- ment of Commerce. erations of which are controlled by 1 or more ber 23, 1984, is a socially disadvantaged group (d) OFFICE OF BUSINESS CENTERS.— socially or economically disadvantaged indi- eligible to receive assistance. (1) ESTABLISHMENT.—There is established viduals. (16) SPECIALTY CENTER.—The term ‘‘spe- within the Agency the Office of Business (B) RULE OF CONSTRUCTION.—Nothing in cialty center’’ means an MBDA Business Centers. subparagraph (A) may be construed to ex- Center that provides specialty services fo- (2) DIRECTOR.—The Office of Business Cen- clude a business enterprise from qualifying cusing on specific business needs, including ters shall be administered by a Director, who as a ‘‘minority business enterprise’’ under assistance relating to— shall be appointed by the Under Secretary. that subparagraph because of— (A) capital access; (e) OFFICES OF THE AGENCY.—

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(1) IN GENERAL.—In addition to the regional (i) management; SEC. lll113. ESTABLISHMENT. offices that the Under Secretary is required (ii) technology; (a) IN GENERAL.—There is established in to establish under paragraph (2), the Under (iii) law; the Agency a program— Secretary shall establish such other offices (iv) financing, including accounting; (1) that shall be known as the MBDA Busi- within the Agency as are necessary to carry (v) marketing; and ness Center Program; out this division. (vi) workforce development; and (2) that shall be separate and distinct from (2) REGIONAL OFFICES.— (C) informational programs designed to in- the efforts of the Under Secretary under sec- (A) IN GENERAL.—In order to carry out this form minority business enterprises located tion lll101; and division, the Under Secretary shall establish in the jurisdictions of those public sector en- (3) under which the Under Secretary shall a regional office of the Agency for each of tities about the availability of programs de- make Federal assistance awards to eligible the regions of the United States, as deter- scribed in this section; entities to operate MBDA Business Centers, mined by the Under Secretary. (2) meet with leaders and officials of public which shall, in accordance with section (B) DUTIES.—Each regional office estab- sector entities for the purpose of recom- lll114, provide technical assistance and lished under subparagraph (A) shall expand mending and promoting local administrative business development services, or specialty the reach of the Agency and enable the Fed- and legislative initiatives needed to advance services, to minority business enterprises. eral Government to better serve the needs of the position of minority business enterprises (b) COVERAGE.—The Under Secretary shall minority business enterprises in the region in the local economies of those public sector take all necessary actions to ensure that the served by the office, including by— entities; and MBDA Business Center Program, in accord- (i) understanding and participating in the (3) facilitate the efforts of public sector en- ance with section lll114, offers the serv- business environment of that region; tities and Federal agencies to advance the ices described in subsection (a)(3) in all re- (ii) working with— growth of minority business enterprises. gions of the United States. (I) MBDA Business Centers that are lo- SEC. lll103. RESEARCH AND INFORMATION. SEC. lll114. GRANTS AND COOPERATIVE AGREEMENTS. cated in that region; (a) IN GENERAL.—In order to achieve the (a) REQUIREMENTS.—An MBDA Business (II) resource and lending partners of other purposes of this division, the Under Sec- Center (referred to in this subtitle as a ‘‘Cen- appropriate Federal agencies that are lo- retary— ter’’), with respect to the Federal financial cated in that region; and (1) shall— assistance award made to operate the Center (III) Federal, State, and local procurement (A) collect and analyze data, including under the MBDA Business Center Program— offices that are located in that region; data relating to the causes of the success or (1) shall— (iii) being aware of business retention or failure of minority business enterprises; (A) provide to minority business enter- expansion programs that are specific to that (B) conduct research, studies, and surveys prises programs and services determined to region; of— be appropriate by the Under Secretary, (iv) seeking out opportunities to collabo- (i) economic conditions generally in the which may include— rate with regional public and private pro- United States; and (i) referral services to meet the needs of grams that focus on minority business enter- (ii) how the conditions described in clause minority business enterprises; and prises; and (i) particularly affect the development of mi- (ii) programs and services to accomplish (v) promoting business continuity and pre- nority business enterprises; and the goals described in section lll101(1); paredness. (C) provide outreach, educational services, (B) develop, cultivate, and maintain a net- TITLE I—EXISTING INITIATIVES and technical assistance in, at a minimum, work of strategic partnerships with organi- the 5 most commonly spoken languages in Subtitle A—Market Development, Research, zations that foster access by minority busi- the United States to ensure that limited and Information ness enterprises to economic markets, cap- English proficient individuals receive cul- SEC. lll101. PRIVATE SECTOR DEVELOPMENT. ital, or contracts; turally and linguistically appropriate access The Under Secretary shall, whenever the (C) continue to upgrade and modify the to the services and information provided by Under Secretary determines such action is services provided by the Center, as nec- the Agency; and necessary or appropriate— essary, in order to meet the changing and (2) may perform an evaluation of programs (1) provide Federal assistance to minority evolving needs of the business community; carried out by the Under Secretary that are business enterprises operating in domestic (D) establish or continue a referral rela- designed to assist the development of minor- and foreign markets by making available to tionship with not less than 1 community- ity business enterprises. those business enterprises, either directly or based organization; and (b) INFORMATION CLEARINGHOUSE.—The in cooperation with private sector entities, (E) collaborate with other Centers; and including community-based organizations Under Secretary shall— (1) establish and maintain an information (2) in providing programs and services and national nonprofit organizations— under the applicable MBDA Business Center (A) resources relating to management; clearinghouse for the collection and dissemi- nation to relevant parties (including busi- agreement, may— (B) technological and technical assistance; (A) operate on a fee-for-service basis; or (C) financial, legal, and marketing serv- ness owners and researchers) of demographic, economic, financial, managerial, and tech- (B) generate income through the collection ices; and of— (D) services relating to workforce develop- nical data relating to minority business en- terprises; and (i) client fees; ment; (ii) membership fees; and (2) encourage minority business enterprises (2) take such steps as the Under Secretary may determine to be necessary and desirable (iii) any other appropriate fees proposed by to establish joint ventures and projects— the Center in the application submitted by (A) with other minority business enter- to— (A) search for, collect, classify, coordinate, the Center under subsection (e). prises; or (b) TERM.—Subject to subsection (g)(3), the integrate, record, and catalog the data de- (B) in cooperation with public sector enti- term of an MBDA Business Center agreement ties or private sector entities, including scribed in paragraph (1); and shall be not less than 3 years. community-based organizations and national (B) in a manner that is consistent with sec- (c) FINANCIAL ASSISTANCE.— nonprofit organizations, to increase the tion 552a of title 5, United States Code, pro- (1) IN GENERAL.—The amount of financial share of any market activity being per- tect the privacy of the minority business en- assistance provided by the Under Secretary formed by minority business enterprises; and terprises to which the data described in para- under an MBDA Business Center agreement (3) facilitate the efforts of private sector graph (1) relates. shall be not less than $250,000 for the term of entities and Federal agencies to advance the Subtitle B—Minority Business Development the agreement. growth of minority business enterprises. Agency Business Center Program (2) MATCHING REQUIREMENT.— SEC. lll102. PUBLIC SECTOR DEVELOPMENT. SEC. lll111. DEFINITION. (A) IN GENERAL.—A Center shall match not The Under Secretary shall, whenever the In this subtitle, the term ‘‘MBDA Business less than 1⁄3 of the amount of the financial Under Secretary determines such action is Center Program’’ means the program estab- assistance awarded to the Center under the necessary or appropriate— lished under section lll113. terms of the applicable MBDA Business Cen- (1) consult and cooperate with public sec- SEC. lll112. PURPOSE. ter agreement, unless the Under Secretary tor entities for the purpose of leveraging re- The purpose of the MBDA Business Center determines that a waiver of that require- sources available in the jurisdictions of Program shall be to create a national net- ment is necessary after a demonstration by those public sector entities to promote the work of public-private partnerships that— the Center of a substantial need for that position of minority business enterprises in (1) assist minority business enterprises waiver. the local economies of those public sector in— (B) FORM OF FUNDS.—A Center may meet entities, including by assisting public sector (A) accessing capital, contracts, and the matching requirement under subpara- entities to establish or enhance— grants; and graph (A) by using— (A) programs to procure goods and services (B) creating and maintaining jobs; (i) cash or in-kind contributions, without through minority business enterprises and (2) provide counseling and mentoring to regard to whether the contribution is made goals for that procurement; minority business enterprises; and by a third party; or (B) programs offering assistance relating (3) facilitate the growth of minority busi- (ii) Federal funds received from other Fed- to— ness enterprises by promoting trade. eral programs.

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(3) USE OF FINANCIAL ASSISTANCE AND PRO- shall conduct a programmatic financial ex- the Business Centers program of the Agency, GRAM INCOME.—A Center shall use— amination of each Center. as is in effect on the day before the date of (A) all financial assistance awarded to the (2) ACCREDITATION.—The Under Secretary enactment of this Act, is carried out in a Center under the applicable MBDA Business may provide financial support, by contract manner that, to the greatest extent prac- Center agreement to carry out subsection or otherwise, to an association, not less than ticable, prevents disruption of any activity (a); and 51 percent of the members of which are Cen- carried out under that award. (B) all income that the Center generates in ters, to— SEC. lll116. PUBLICITY. carrying out subsection (a)— (A) pursue matters of common concern In carrying out the MBDA Business Center (i) to meet the matching requirement with respect to Centers; and Program, the Under Secretary shall widely under paragraph (2) of this subsection; and (B) develop an accreditation program with publicize the MBDA Business Center Pro- (ii) if the Center meets the matching re- respect to Centers. gram, including— quirement under paragraph (2) of this sub- (3) EXTENSIONS.— (1) on the website of the Agency; section, to carry out subsection (a). (A) IN GENERAL.—The Under Secretary may (2) via social media outlets; and (d) CRITERIA FOR SELECTION.—The Under extend the term under subsection (b) of an (3) by sharing information relating to the Secretary shall— MBDA Business Center agreement to which a MBDA Business Center Program with com- (1) establish criteria that— Center is a party, if the Center consents to munity-based organizations, including inter- (A) the Under Secretary shall use in deter- the extension. pretation groups where necessary, to com- mining whether to enter into an MBDA Busi- (B) FINANCIAL ASSISTANCE.—If the Under municate in the most common languages ness Center agreement with an eligible enti- Secretary extends the term of an MBDA spoken by the groups served by those organi- ty; and Business Center agreement under paragraph zations. (B) may include criteria relating to wheth- (1), the Under Secretary shall, in the same TITLE II—NEW INITIATIVES TO PROMOTE er an eligible entity is located in— manner and amount in which financial as- ECONOMIC RESILIENCY FOR MINORITY (i) an area, the population of which is com- sistance was provided during the initial term BUSINESSES posed of not less than 51 percent socially or of the agreement, provide financial assist- SEC. lll201. ANNUAL DIVERSE BUSINESS economically disadvantaged individuals, as ance under the agreement during the ex- FORUM ON CAPITAL FORMATION. determined in accordance with data col- tended term of the agreement. (a) RESPONSIBILITY OF AGENCY.—Not later lected by the Bureau of the Census; (h) MBDA INVOLVEMENT.—The Under Sec- than 18 months after the date of enactment (ii) a federally recognized area of economic retary may take actions to ensure that the of this Act, and annually thereafter, the distress; or Agency is substantially involved in the ac- Under Secretary shall conduct a Govern- (iii) a State that is underserved with re- tivities of Centers in carrying out subsection ment-business forum to review the current spect to the MBDA Business Center Pro- (a), including by— status of problems and programs relating to gram, as defined by the Under Secretary; and (1) providing to each Center training relat- capital formation by minority business en- (2) make the criteria and standards estab- ing to the MBDA Business Center Program; terprises. lished under paragraph (1) publicly available, (2) requiring that the operator and staff of (b) PARTICIPATION IN FORUM PLANNING.— including— each Center— The Under Secretary shall invite the heads (A) on the website of the Agency; and (A) attend— of other Federal agencies, such as the Chair- (B) in each Notice of Funding Opportunity (i) a conference with the Agency to estab- man of the Securities and Exchange Com- soliciting MBDA Business Center agree- lish the services and programs that the Cen- mission, the Secretary of the Treasury, and ments. ter will provide in carrying out the require- the Chairman of the Board of Governors of (e) APPLICATIONS.—An eligible entity desir- ments before the date on which the Center the Federal Reserve System, organizations ing to enter into an MBDA Business Center begins providing those services and pro- representing State securities commissioners, agreement shall submit to the Under Sec- grams; and representatives of leading minority cham- retary an application that includes— (ii) training provided under paragraph (1); bers of commerce, not less than 1 certified (1) a statement of— (B) receive necessary guidance relating to owner of a minority business enterprise, (A) how the eligible entity will carry out carrying out the requirements under sub- business organizations, and professional or- subsection (a); and section (a); and ganizations concerned with capital forma- (B) any experience or plans of the eligible (C) work in coordination and collaboration tion to participate in the planning of each entity with respect to— with the Under Secretary to carry out the forum conducted under subsection (a). (i) assisting minority business enterprises MBDA Business Center Program and other (c) PREPARATION OF STATEMENTS AND RE- to— programs of the Agency; PORTS.— (I) obtain— (3) facilitating connections between Cen- (1) REQUESTS.—The Under Secretary may (aa) large-scale contracts, grants, or pro- ters and— request that any head of a Federal agency, curements; (A) Federal agencies other than the Agen- department, or organization, including those (bb) financing; or cy, as appropriate; and described in subsection (b), or any other (cc) legal assistance; (B) other institutions or entities that use group or individual, prepare a statement or (II) access established supply chains; and Federal resources, such as— report to be delivered at any forum con- (III) engage in— (i) small business development centers, as ducted under subsection (a). (aa) joint ventures, teaming arrangements, that term is defined in section 3(t) of the (2) COOPERATION.—Any head of a Federal and mergers and acquisitions; or Small Business Act (15 U.S.C. 632(t)); agency, department, or organization who re- (bb) large-scale transactions in global mar- (ii) women’s business centers described in ceives a request under paragraph (1) shall, to kets; section 29 of the Small Business Act (15 the greatest extent practicable, cooperate (ii) supporting minority business enter- U.S.C. 656); with the Under Secretary to fulfill that re- prises in increasing the size of the (iii) eligible entities, as that term is de- quest. workforces of those enterprises, including, fined in section 2411 of title 10, United States (d) TRANSMITTAL OF PROCEEDINGS AND with respect to a minority business enter- Code, that provide services under the pro- FINDINGS.—The Under Secretary shall— prise that does not have employees, aiding gram carried out under chapter 142 of that (1) prepare a summary of the proceedings the minority business enterprise in becoming title; and of each forum conducted under subsection an enterprise that has employees; and (iv) entities participating in the Hollings (a), which shall include the findings and rec- (iii) advocating for minority business en- Manufacturing Extension Partnership Pro- ommendations of the forum; and terprises; and gram established under section 25 of the Na- (2) transmit the summary described in (2) the budget and corresponding budget tional Institute of Standards and Technology paragraph (1) with respect to each forum narrative that the eligible entity will use in Act (15 U.S.C. 278k); conducted under subsection (a) to— carrying out subsection (a) during the term (4) monitoring projects carried out by each (A) the participants in the forum; of the applicable MBDA Business Center Center; and (B) Congress; and agreement. (5) establishing and enforcing administra- (C) the public, through a publicly available (f) NOTIFICATION.—If the Under Secretary tive and reporting requirements for each website. (e) REVIEW OF FINDINGS AND RECOMMENDA- grants an application of an eligible entity Center to carry out subsection (a). submitted under subsection (e), the Under (i) REGULATIONS.—The Under Secretary TIONS; PUBLIC STATEMENTS.— Secretary shall notify the eligible entity shall issue and publish regulations that es- (1) IN GENERAL.—A Federal agency to that the application has been granted not tablish minimum standards regarding which a finding or recommendation de- later than 150 days after the last day on verification of minority business enterprise scribed in subsection (d)(1) relates shall— which an application may be submitted status for clients of entities operating under (A) review that finding or recommenda- under that subsection. the MBDA Business Center Program. tion; and (g) PROGRAM EXAMINATION; ACCREDITATION; SEC. lll115. MINIMIZING DISRUPTIONS TO EX- (B) promptly after the finding or rec- EXTENSIONS.— ISTING MBDA BUSINESS CENTER ommendation is transmitted under sub- (1) EXAMINATION.—Not later than 180 days PROGRAM. section (d)(2)(C), issue a public statement— after the date of enactment of this Act, and The Under Secretary shall ensure that (i) assessing the finding or recommenda- biennially thereafter, the Under Secretary each Federal assistance award made under tion; and

VerDate Sep 11 2014 03:44 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.033 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5585 (ii) disclosing the action, if any, the Fed- students served by the eligible institution (i) the eligible entity shall provide space, eral agency intends to take with respect to and the community in which the eligible in- facilities, and staffing for the MBDA Rural the finding or recommendation. stitution is located; and Business Center; (2) JOINT STATEMENT PERMITTED.—If a find- (B) implement the curriculum developed (ii) the Under Secretary shall provide fund- ing or recommendation described in sub- under subparagraph (A) at the eligible insti- ing for, and oversight with respect to, the section (d)(1) relates to more than 1 Federal tution. MBDA Rural Business Center; and agency, the applicable Federal agencies may, (4) IMPLEMENTATION TIMELINE.—The Under (iii) subject to subparagraph (B), the eligi- for the purposes of the public statement re- Secretary shall establish and publish a ble entity shall match 20 percent of the quired under paragraph (1)(B), issue a joint timeline under which an eligible institution amount of the funding provided by the Under statement. to which a grant is awarded under this sec- Secretary under clause (ii), which may be SEC. lll202. AGENCY STUDY ON ALTERNATIVE tion shall carry out the requirements under calculated to include the costs of providing FINANCING SOLUTIONS. paragraph (3). the space, facilities, and staffing under (a) PURPOSE.—The purpose of this section (5) REPORTS.—Each year, the Under Sec- clause (i). is to provide information relating to alter- retary shall submit to all applicable commit- (B) LOWER MATCH REQUIREMENT.—Based on native financing solutions to minority busi- tees of Congress, and as part of the annual the available resources of an eligible entity, ness enterprises, as those business enter- budget submission of the President under the Under Secretary may enter into a coop- prises are more likely to struggle in access- section 1105(a) of title 31, United States erative agreement with the eligible entity ing, particularly at affordable rates, tradi- Code, a report evaluating the awarding and that provides that— tional sources of capital. use of grants under this subsection during (i) the eligible entity shall match less than (b) STUDY AND REPORT.—Not later than 1 the fiscal year immediately preceding the 20 percent of the amount of the funding pro- year after the date of enactment of this Act, fiscal year in which the report is submitted, vided by the Under Secretary under subpara- the Under Secretary shall— which shall include, with respect to the fis- graph (A)(ii); or (1) conduct a study on opportunities for cal year covered by the report— (ii) if the Under Secretary makes a deter- providing alternative financing solutions to (A) a description of each curriculum devel- mination, upon a demonstration by the eligi- minority business enterprises; and oped and implemented under each grant ble entity of substantial need, the eligible (2) submit to Congress, and publish on the awarded under this section; entity shall not be required to provide any website of the Agency, a report describing (B) the date on which each grant awarded match with respect to the funding provided the findings of the study carried out under under this section was awarded; and by the Under Secretary under subparagraph paragraph (1). (C) the number of eligible entities that (A)(ii). SEC. lll203. EDUCATIONAL DEVELOPMENT RE- were recipients of grants awarded under this (C) ELIGIBLE FUNDS.—An eligible entity LATING TO MANAGEMENT AND EN- section. may provide matching funds required under TREPRENEURSHIP. TITLE III—RURAL MINORITY BUSINESS an MBDA Rural Business Center agreement (a) DUTIES.—The Under Secretary shall, CENTER PROGRAM with Federal funds received from other Fed- whenever the Under Secretary determines eral programs. such action is necessary or appropriate— SEC. lll301. DEFINITIONS. In this title: (3) TERM.—The initial term of an MBDA (1) promote the education and training of (1) APPROPRIATE CONGRESSIONAL COMMIT- Rural Business Center agreement shall be socially or economically disadvantaged indi- TEES.—The term ‘‘appropriate congressional not less than 3 years. viduals in subjects directly relating to busi- committees’’ means— (4) EXTENSION.—The Under Secretary and ness administration and management; (A) the Committee on Commerce, Science, an eligible entity may agree to extend the (2) encourage institutions of higher edu- and Transportation of the Senate; and term of an MBDA Rural Business Center cation, leaders in business and industry, and (B) the Committee on Financial Services of agreement with respect to an MBDA Rural other public sector entities and private sec- the House of Representatives. Business Center. tor entities, particularly minority business (c) FUNCTIONS.—An MBDA Rural Business (2) ELIGIBLE ENTITY.—The term ‘‘eligible enterprises, to— Center shall— entity’’ means— (1) primarily serve clients that are— (A) develop programs to offer scholarships (A) a part B institution; or (A) rural minority business enterprises; or and fellowships, apprenticeships, and intern- (B) a consortium of institutions of higher ships relating to business to socially or eco- education that is led by a part B institution. (B) minority business enterprises that are nomically disadvantaged individuals; and located more than 50 miles from an MBDA (3) MBDA RURAL BUSINESS CENTER.—The (B) sponsor seminars, conferences, and term ‘‘MBDA Rural Business Center’’ means Business Center (other than that MBDA similar activities relating to business for the an MBDA Business Center that provides Rural Business Center); benefit of socially or economically disadvan- technical business assistance to minority (2) focus on— taged individuals; business enterprises located in rural areas. (A) issues relating to— (3) stimulate and accelerate curriculum de- (4) MBDA RURAL BUSINESS CENTER AGREE- (i) the adoption of broadband internet ac- sign and improvement in support of develop- MENT.—The term ‘‘MBDA Rural Business cess service (as defined in section 8.1(b) of ment of minority business enterprises; and Center agreement’’ means an MBDA Busi- title 47, Code of Federal Regulations, or any (4) encourage and assist private institu- ness Center agreement that establishes the successor regulation), digital literacy skills, tions and organizations and public sector en- terms by which the recipient of the Federal and e-commerce by rural minority business tities to undertake activities similar to the assistance award that is the subject of the enterprises; activities described in paragraphs (1), (2), and agreement shall operate an MBDA Rural (ii) advanced manufacturing; (3). Business Center. (iii) the promotion of manufacturing in the (b) PARREN J. MITCHELL ENTREPRENEUR- (5) PART B INSTITUTION.—The term ‘‘part B United States; SHIP EDUCATION GRANTS.— institution’’ has the meaning given the term (iv) ways in which rural minority business (1) DEFINITION.—In this subsection, the in section 322 of the Higher Education Act of enterprises can meet gaps in the supply term ‘‘eligible institution’’ means an institu- 1965 (20 U.S.C. 1061). chain of critical supplies and essential goods tion of higher education described in any of (6) RURAL AREA.—The term ‘‘rural area’’ and services for the United States; paragraphs (1) through (7) of section 371(a) of has the meaning given the term in section (v) improving the connectivity of rural mi- the Higher Education Act of 1965 (20 U.S.C. 343(a) of the Consolidated Farm and Rural nority business enterprises through trans- 1067q(a)). Development Act (7 U.S.C. 1991(a)). portation and logistics; (2) GRANTS.—The Under Secretary shall (7) RURAL MINORITY BUSINESS ENTERPRISE.— (vi) promoting trade and export opportuni- award grants to eligible institutions to de- The term ‘‘rural minority business enter- ties by rural minority business enterprises; velop and implement entrepreneurship cur- prise’’ means a minority business enterprise (vii) securing financial capital; ricula. located in a rural area. (viii) facilitating entrepreneurship in rural (3) REQUIREMENTS.—An eligible institution SEC. lll302. BUSINESS CENTERS. areas; and to which a grant is awarded under this sub- (a) IN GENERAL.—The Under Secretary may (ix) creating jobs in rural areas; and section shall use the grant funds to— establish MBDA Rural Business Centers. (B) any other issue relating to the unique (A) develop a curriculum that includes (b) PARTNERSHIP.— challenges faced by rural minority business training in various skill sets needed by con- (1) IN GENERAL.—With respect to an MBDA enterprises; and temporary successful entrepreneurs, includ- Rural Business Center established by the (3) provide education, training, and legal, ing— Under Secretary, the Under Secretary shall financial, and technical assistance to minor- (i) business management and marketing; establish the MBDA Rural Business Center ity business enterprises. (ii) financial management and accounting; in partnership with an eligible entity in ac- (d) APPLICATIONS.— (iii) market analysis; cordance with paragraph (2). (1) IN GENERAL.—Not later than 90 days (iv) competitive analysis; (2) MBDA AGREEMENT.— after the date of enactment of this Act, the (v) innovation; (A) IN GENERAL.—With respect to each Under Secretary shall issue a Notice of (vi) strategic and succession planning; MBDA Rural Business Center established by Funding Opportunity requesting applications (vii) marketing; and the Under Secretary, the Under Secretary from eligible entities that desire to enter (viii) any other skill set that the eligible shall enter into a cooperative agreement into MBDA Rural Business Center agree- institution determines is necessary for the with an eligible entity that provides that— ments.

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(2) CRITERIA AND PRIORITY.—In selecting an (b) PURPOSE.—The purpose of this section formation, including duties relating to labor eligible entity with which to enter into an is to make grants to covered entities to help development, monetary policy, national se- MBDA Rural Business Center agreement, the those covered entities continue the nec- curity, energy, agriculture, transportation, Under Secretary shall— essary work of supporting minority business and housing. (A) select an eligible entity that dem- enterprises. (b) CHAIR.—The Under Secretary shall des- onstrates— (c) ESTABLISHMENT OF OFFICE.—Not later ignate 1 of the private sector members of the (i) the ability to collaborate with govern- than 180 days after the date of enactment of Council as the Chair of the Council for a 1- mental and private sector entities to lever- this Act, the Under Secretary shall establish year term. age capabilities of minority business enter- within the Agency an office that has ade- (c) TERM.—The Council shall meet at the prises through public-private partnerships; quate staffing to make and administer request of the Under Secretary and members (ii) the research and extension capacity to grants under this section. shall serve for a term of 2 years. Members of support minority business enterprises; (d) APPLICATION.—A covered entity desir- the Council may be reappointed. (iii) knowledge of the community that the ing a grant under this section shall submit SEC. lll503. DUTIES. eligible entity serves and the ability to con- to the Under Secretary an application at (a) IN GENERAL.—The Council shall provide duct effective outreach to that community such time, in such manner, and containing advice to the Under Secretary by— to advance the goals of an MBDA Rural Busi- such information as the Under Secretary (1) serving as a source of knowledge and in- ness Center; may require. formation on developments in areas of the (iv) the ability to provide innovative busi- (e) PRIORITY.—The Under Secretary shall, economic and social life of the United States ness solutions, including access to con- in carrying out this section, prioritize grant- that affect socially or economically dis- tracting opportunities, markets, and capital; ing an application submitted by a covered advantaged business concerns; (v) the ability to provide services that ad- entity that is located in a federally recog- (2) providing the Under Secretary with in- vance the development of science, tech- nized area of economic distress. formation regarding plans, programs, and ac- nology, engineering, and math jobs within (f) USE OF FUNDS.—A covered entity to tivities in the public and private sectors that minority business enterprises; which a grant is made under this section relate to socially or economically disadvan- (vi) the ability to leverage resources from may use the grant funds to support the de- taged business concerns; and within the eligible entity to advance an velopment, growth, or retention of minority (3) advising the Under Secretary regard- MBDA Rural Business Center; business enterprises. ing— (vii) that the mission of the eligible entity (g) PROCEDURES.—The Under Secretary (A) any measures to better achieve the ob- aligns with the mission of the Agency; shall establish procedures to— jectives of this division; and (viii) the ability to leverage relationships (1) discourage and prevent waste, fraud, (B) problems and matters the Under Sec- with rural minority business enterprises; and and abuse by applicants for, and recipients retary refers to the Council. (ix) a referral relationship with not less of, grants made under this section; and (b) CAPACITY.—Members of the Council shall not be compensated for service on the than 1 community-based organization; and (2) ensure that grants are made under this Council but may be allowed travel expenses, (B) give priority to an eligible entity that section to a diverse array of covered entities, including per diem in lieu of subsistence, in is located in a State or region that has a sig- which may include— accordance with subchapter I of chapter 57 of nificant population of socially or economi- (A) covered entities with a national pres- title 5, United States Code. cally disadvantaged individuals. ence; (c) TERMINATION.—Notwithstanding section SEC. lll303. REPORT TO CONGRESS. (B) community-based covered entities; 14 of the Federal Advisory Committee Act (5 Not later than 1 year after the date of en- (C) covered entities with annual budgets U.S.C. App.), the Council shall terminate on actment of this Act, the Under Secretary below $1,000,000; or the date that is 5 years after the date of en- shall submit to the appropriate congres- (D) covered entities that principally serve actment of this Act. sional committees a report that includes— low-income and rural communities. TITLE VI—FEDERAL COORDINATION OF (1) a summary of the efforts of the Under (h) INSPECTOR GENERAL AUDIT.—Not later MINORITY BUSINESS PROGRAMS Secretary to provide services to minority than 180 days after the date on which the business enterprises located in States that Under Secretary begins making grants under SEC. lll601. GENERAL DUTIES. lack an MBDA Business Center, as of the this section, the Inspector General of the De- The Under Secretary may coordinate, as consistent with law, the plans, programs, date of enactment of this Act, and especially partment of Commerce shall— and operations of the Federal Government in those States that have significant minor- (1) conduct an audit of grants made under that affect, or may contribute to, the estab- ity populations; and this section, which shall seek to identify any lishment, preservation, and strengthening of (2) recommendations for extending the out- discrepancies or irregularities with respect socially or economically disadvantaged busi- to those grants; and reach of the Agency to underserved areas. ness concerns. SEC. lll304. STUDY AND REPORT. (2) submit to Congress a report regarding SEC. lll602. PARTICIPATION OF FEDERAL DE- (a) IN GENERAL.—The Under Secretary, in the audit conducted under paragraph (1). PARTMENTS AND AGENCIES. coordination with relevant leadership of the (i) UPDATES TO CONGRESS.—Not later than The Under Secretary shall— Agency and relevant individuals outside of 90 days after the date on which the Under (1) consult with other Federal agencies and the Department of Commerce, shall conduct Secretary establishes the office described in departments as appropriate to— a study that addresses the ways in which mi- subsection (c), and once every 30 days there- (A) develop policies, comprehensive plans, nority business enterprises can meet gaps in after, the Under Secretary shall submit to and specific program goals for the programs the supply chain of the United States, with a Congress a report that contains— carried out under subtitle B of title I and particular focus on the supply chain of ad- (1) the number of grants made under this title III; vanced manufacturing and essential goods section during the period covered by the re- (B) establish regular performance moni- and services. port; and toring and reporting systems to ensure that (b) REPORT.—Not later than 1 year after (2) with respect to the grants described in goals established by the Under Secretary the date of enactment of this Act, the Under paragraph (1)— Secretary shall submit to the appropriate with respect to the implementation of this (A) the geographic distribution of those division are being achieved; and congressional committees a report that in- grants by State and county; cludes the results of the study conducted (C) evaluate the impact of Federal support (B) if applicable, demographic information of socially or economically disadvantaged under subsection (a), which shall include rec- with respect to the minority business enter- ommendations regarding the ways in which business concerns in achieving the objectives prises served by the covered entities to of this division; minority business enterprises can meet gaps which the grants were made; and in the supply chain of the United States. (2) conduct a coordinated review of all pro- (C) information regarding the industries of posed Federal training and technical assist- TITLE IV—MINORITY BUSINESS the minority business enterprises served by ance activities in direct support of the pro- DEVELOPMENT GRANTS the covered entities to which the grants were grams carried out under subtitle B of title I SEC. lll401. GRANTS TO NONPROFIT ORGANI- made. and title III to ensure consistency with pro- ZATIONS THAT SUPPORT MINORITY TITLE V—MINORITY BUSINESS BUSINESS ENTERPRISES. gram goals and to avoid duplication; and ENTERPRISES ADVISORY COUNCIL (a) DEFINITION.—In this section, the term (3) convene, for purposes of coordination, ‘‘covered entity’’ means a private nonprofit SEC. lll501. PURPOSE. meetings of the heads of such Federal agen- organization that— The Under Secretary shall establish the cies and departments, or their designees, the (1) is described in paragraph (3), (4), (5), or Minority Business Enterprises Advisory programs and activities of which may affect (6) of section 501(c) of the Internal Revenue Council (referred to in this title as the or contribute to the carrying out of this divi- Code of 1986 and exempt from tax under sec- ‘‘Council’’) to advise and assist the Agency. sion. tion 501(a) of such Code; and SEC. lll502. COMPOSITION AND TERM. TITLE VII—ADMINISTRATIVE POWERS OF (2) can demonstrate that a primary activ- (a) COMPOSITION.—The Council shall be THE AGENCY; MISCELLANEOUS PROVI- ity of the organization is to provide services composed of 9 members of the private sector SIONS to minority business enterprises, whether and 1 representative from each of not fewer SEC. lll701. ADMINISTRATIVE POWERS. through education, making grants or loans, than 10 Federal agencies that support or oth- (a) IN GENERAL.—In carrying out this divi- or other similar activities. erwise have duties that relate to business sion, the Under Secretary may—

VerDate Sep 11 2014 03:44 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00058 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.033 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5587 (1) adopt and use a seal for the Agency, (4) the amount and nature of the portion of SEC. lll708. AUTHORIZATION OF APPROPRIA- which shall be judicially noticed; the cost of the undertaking described in TIONS. (2) hold hearings, sit and act, and take tes- paragraph (3) that is supplied by a source There are authorized to be appropriated to timony as the Under Secretary may deter- other than the Agency; and the Under Secretary $100,000,000 for each of mine to be necessary or appropriate to carry (5) any other record that will facilitate an fiscal years 2021 through 2025 to carry out out this division; effective audit with respect to the assist- this division, of which— (3) acquire, in any lawful manner, any ance. (1) a majority shall be used in each such fiscal year to carry out the MBDA Business property that the Under Secretary deter- (b) ACCESS BY GOVERNMENT OFFICIALS.— Center Program under subtitle B of title I, mines to be necessary or appropriate to The Under Secretary, the Inspector General including the component of that program re- carry out this division; of the Department of Commerce, and the lating to specialty centers; and (4) with the consent of another Federal Comptroller General of the United States, or (2) $10,000,000 shall be used in each such fis- agency, enter into an agreement with that any duly authorized representative of any cal year to carry out title III. Federal agency to utilize, with or without such individual, shall have access, for the reimbursement, any service, equipment, per- --- purpose of audit, investigation, and examina- SA 2164. Mrs. FISCHER (for herself sonnel, or facility of that Federal agency; tion, to any book, document, paper, record, and Ms. CORTEZ MASTO) submitted an and or other material of the Agency or an MBDA (5) coordinate with the heads of the Offices Business Center. amendment intended to be proposed to of Small and Disadvantaged Business Utili- amendment SA 2137 proposed by Mr. SEC. lll704. REVIEW AND REPORT BY COMP- zation of Federal agencies. SCHUMER (for Ms. SINEMA (for herself, TROLLER GENERAL. (b) USE OF PROPERTY.— Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (1) IN GENERAL.—Subject to paragraph (2), Not later than 4 years after the date of en- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. in carrying out this division, the Under Sec- actment of this Act, the Comptroller General retary may, without cost (except for costs of of the United States shall— TESTER, Ms. MURKOWSKI, Mr. WARNER, care and handling), allow any public sector (1) conduct a thorough review of the pro- and Mr. ROMNEY)) to the bill H.R. 3684, entity, or any recipient nonprofit organiza- grams carried out under this division; and to authorize funds for Federal-aid high- tion, for the purpose of the development of (2) submit to Congress a detailed report of ways, highway safety programs, and minority business enterprises, to use any the findings of the Comptroller General of transit programs, and for other pur- real or tangible personal property acquired the United States under the review carried poses; which was ordered to lie on the by the Agency in carrying out this division. out under paragraph (1), which shall in- table; as follows: (2) TERMS, CONDITIONS, RESERVATIONS, AND clude— At the appropriate place in division F, in- RESTRICTIONS.—The Under Secretary may (A) an evaluation of the effectiveness of sert the following: impose reasonable terms, conditions, res- the programs in achieving the purposes of SEC. 60lll. BROADBAND DEPLOYMENT LOCA- ervations, and restrictions upon the use of this division; TIONS MAP. any property under paragraph (1). (B) a description of any failure by any re- (a) DEFINITIONS.—In this section: SEC. lll702. FEDERAL ASSISTANCE. cipient of assistance under this division to (1) BROADBAND INFRASTRUCTURE.—The term (a) IN GENERAL.— comply with the requirements under this di- ‘‘broadband infrastructure’’ means any ca- (1) PROVISION OF FEDERAL ASSISTANCE.—To vision; and bles, fiber optics, wiring, or other permanent carry out sections lll101, lll102, and (C) recommendations for any legislative or (integral to the structure) infrastructure, in- lll103(a), the Under Secretary may pro- administrative action that should be taken cluding wireless infrastructure, that— vide Federal assistance to public sector enti- to improve the achievement of the purposes (A) is capable of providing access to inter- ties and private sector entities in the form of of this division. net connections in individual locations; and grants or cooperative agreements. SEC. lll705. BIANNUAL REPORTS; REC- (B) is an advanced telecommunications ca- (2) NOTICE.—Not later than 120 days after OMMENDATIONS. pability, as defined in section 706(d) of the the date on which amounts are appropriated (a) BIANNUAL REPORT.—Not later than 1 Telecommunications Act of 1996 (47 U.S.C. to carry out this section, the Under Sec- year after the date of enactment of this Act, 1302(d)). retary shall, in accordance with subsection and 90 days after the last day of each odd- (2) COMMISSION.—The term ‘‘Commission’’ (b), broadly publish a statement regarding numbered year thereafter, the Under Sec- means the Federal Communications Com- Federal assistance that will, or may, be pro- retary shall submit to Congress, and publish mission. vided under paragraph (1) during the fiscal on the website of the Agency, a report of (3) DEPLOYMENT LOCATIONS MAP.—The term year for which those amounts are appro- each activity of the Agency carried out ‘‘Deployment Locations Map’’ means the priated, including— under this division during the period covered mapping tool required to be established (A) the actual, or anticipated, amount of by the report. under subsection (b). Federal assistance that will, or may, be (b) ESTABLISHMENT OF DEPLOYMENT LOCA- made available; (b) RECOMMENDATIONS.—The Under Sec- retary shall periodically submit to Congress TIONS MAP.—Not later than 18 months after (B) the types of Federal assistance that the date of enactment of this Act, the Com- and the President recommendations for leg- will, or may, be made available; mission shall, in consultation with all rel- islation or other actions that the Under Sec- (C) the manner in which Federal assistance evant Federal agencies, establish an online retary determines to be necessary or appro- will be allocated among public sector enti- mapping tool to provide a locations overview priate to promote the purposes of this divi- ties and private sector entities, as applica- of the overall geographic footprint of each ble; and sion. broadband infrastructure deployment project (D) the methodology used by the Under SEC. lll706. SEPARABILITY. funded by the Federal Government. Secretary to make allocations under sub- If a provision of this division, or the appli- (c) REQUIREMENTS.—The Deployment Loca- paragraph (C). cation of a provision of this division to any tions Map shall be— (3) CONSULTATION.—The Under Secretary person or circumstance, is held by a court of (1) the centralized, authoritative source of shall consult with public sector entities and competent jurisdiction to be invalid, that information on funding made available by private sector entities, as applicable, in de- judgment— the Federal Government for broadband infra- ciding the amounts and types of Federal as- (1) shall not affect, impair, or invalidate— structure deployment in the United States; sistance to make available under paragraph (A) any other provision of this division; or and (1). (B) the application of this division to any (2) made publicly available on the website (b) PUBLICITY.—In carrying out this sec- other person or circumstance; and of the Commission. tion, the Under Secretary shall broadly pub- (2) shall be confined in its operation to— (d) FUNCTIONS.—In establishing the Deploy- licize all opportunities for Federal assistance (A) the provision of this division with re- ment Locations Map, the Commission shall available under this section, including spect to which the judgment is rendered; or ensure that the Deployment Locations Map— through the means required under section (B) the application of the provision of this (1) compiles data related to Federal fund- lll116. division to each person or circumstance di- ing for broadband infrastructure deployment SEC. lll703. RECORDKEEPING. rectly involved in the controversy in which provided by the Commission, the National (a) IN GENERAL.—Each recipient of assist- the judgment is rendered. ance under this division shall keep such Telecommunications and Information Ad- records as the Under Secretary shall pre- SEC. lll707. EXECUTIVE ORDER 11625. ministration, the Department of Agri- scribe, including records that fully disclose, The powers and duties of the Agency shall culture, the Department of Health and with respect to the assistance received by be determined— Human Services, the Department of the the recipient under this division— (1) in accordance with this division and the Treasury, the Department of Housing and (1) the amount and nature of that assist- requirements of this division; and Urban Development, the Institute of Mu- ance; (2) without regard to Executive Order 11625 seum and Library Sciences, and any other (2) the disposition by the recipient of the (36 Fed. Reg. 19967; relating to prescribing Federal agency that provides such data re- proceeds of that assistance; additional arrangements for developing and lating to broadband infrastructure deploy- (3) the total cost of the undertaking for coordinating a national program for minor- ment funding to the Commission, including which the assistance is given or used; ity business enterprise). funding under—

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(A) this Act; ‘‘(1) AREA OF PERSISTENT POVERTY.—The (b) CLERICAL AMENDMENT.—The table of (B) the Coronavirus Aid, Relief, and Eco- term ‘area of persistent poverty’ means— sections for chapter 53 of title 49, United nomic Security Act (Public Law 116–136); ‘‘(A) a county that has consistently had States Code, is amended by inserting after (C) the Consolidated Appropriations Act, greater than or equal to 20 percent of the the item relating to section 5307 the fol- 2021 (Public Law 116–260); population living in poverty during the most lowing: (D) American Rescue Plan Act of 2021 (Pub- recent 30-year period for which data is avail- ‘‘5308. Helping Obtain Prosperity for Every- lic Law 117–2); or able, as measured by the 1990 and 2000 decen- one program.’’. (E) any Federal amounts appropriated or nial censuses and the most recent Small any Federal program authorized after the Area Income and Poverty Estimates, as esti- date of enactment of this Act to fund mated by the Bureau of the Census; SA 2166. Mr. WARNOCK submitted an broadband infrastructure deployment; ‘‘(B) a census tract with a poverty rate of amendment intended to be proposed by (2) contains data, with respect to each at least 20 percent as measured by the most him to the bill H.R. 3684, to authorize broadband infrastructure deployment pro- recent 5-year data series available from the funds for Federal-aid highways, high- gram, relating to— American Community Survey of the Bureau way safety programs, and transit pro- (A) the Federal agency of jurisdiction; of the Census for all States and Puerto Rico; grams, and for other purposes; which (B) the program title; and or (C) the network type, including wired, ter- ‘‘(C) any other territory or possession of was ordered to lie on the table; as fol- restrial fixed, wireless, mobile, and satellite the United States of which at least 20 per- lows: broadband infrastructure deployment; cent of the population has consistently lived In section 30005, add at the end the fol- (3) allows users to manipulate the Deploy- in poverty over the most recent 30-year pe- lowing: ment Locations Map to identify, search, and riod for which data is available, as measured (c) COMMUTER OR DESTINATION-BASED BUS filter broadband infrastructure deployment by the 1990, 2000, and 2010 decennial censuses RAPID TRANSIT PROJECTS.—Section 5309 of projects by— or equivalent data of the Bureau of the Cen- title 49, United States Code, is amended— (A) company name; sus. (1) in subsection (a) (as amended by sub- (B) duration timeline, including the dates ‘‘(2) COVERED PROJECT.—The term ‘covered section (a))— of a project’s beginning and ending, or an- project’ means any project eligible under (A) by redesignating paragraphs (2) ticipated beginning or ending date; this chapter carried out by an eligible entity (C) total number of locations to which a through (6) as paragraphs (3) through (7); that would serve an area of persistent pov- (B) by inserting after paragraph (1) the fol- project makes service available; and erty. (D) relevant download and upload speeds; lowing: ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible ‘‘(2) COMMUTER OR DESTINATION-BASED BUS and entity’ means an eligible recipient or sub- (4) incorporates broadband service avail- RAPID TRANSIT PROJECT.—The term ‘com- recipient under section 5307, 5310, or 5311 that muter or destination-based bus rapid transit ability data as depicted in the Broadband seeks to carry out a covered project. Map created under section 802(c)(1) of the project’ means a small start project utilizing ‘‘(4) PROGRAM.—The term ‘program’ means Communications Act of 1934 (47 U.S.C. buses— the Helping Obtain Prosperity for Everyone ‘‘(A) in which the project represents a sub- 642(c)(1)). program established under subsection (b). (e) PERIODIC UPDATES.— stantial investment in a defined corridor, as ‘‘(b) ESTABLISHMENT.—The Secretary shall (1) IN GENERAL.—The Commission shall, in demonstrated by features that emulate the carry out a program, to be known as the services provided by commuter rail or other consultation with relevant Federal agencies, ‘Helping Obtain Prosperity for Everyone’ ensure the Deployment Locations Map is rail fixed guideway public transportation program, to award grants to eligible enti- systems, including— maintained and up to date on a periodic ties— basis, but not less frequently than once ‘‘(i) defined stations; ‘‘(1) to carry out planning or engineering ‘‘(ii) traffic signal or access to managed every 180 days. work for covered projects, which may in- (2) OTHER FEDERAL AGENCIES.—Each Fed- lanes for public transportation vehicles; clude studies or analyses to assess the tran- ‘‘(iii) short headway services for a substan- eral agency providing funding for broadband sit needs of an area of persistent poverty; infrastructure deployment shall report rel- tial part of weekdays; and and ‘‘(iv) any other features the Secretary may evant data to the Commission on a periodic ‘‘(2) to develop technical or financing plans basis. determine support a long-term corridor in- for covered projects. vestment; and (f) NO EFFECT ON PROGRAMMATIC MIS- ‘‘(c) APPLICATION.—An eligible entity seek- ‘‘(B) in which— SIONS.—Nothing in this section shall be con- ing a grant under the program, or a State de- ‘‘(i) the majority of the project does not strued to affect the programmatic missions partment of transportation acting on behalf operate in a separated right-of-way dedi- of Federal agencies providing funding for of an eligible entity seeking a grant under broadband infrastructure development. cated for public transportation use during the program, shall submit to the Secretary (g) NONDUPLICATION.—The requirements in peak periods; and an application at such time, in such manner, this section shall be consistent with and ‘‘(ii) a substantial portion of the project and containing such information as the Sec- avoid duplication with the provisions of sec- operates in a highway right-of-way.’’; retary may require. tion 903 of division FF of the Consolidated (2) in subsection (h), by adding at the end ‘‘(d) FEDERAL SHARE.—The Federal share of Appropriations Act, 2021 (Public Law 116– the following: 260). the cost of an activity described in sub- section (b) shall be not less than 90 percent. ‘‘(8) COMMUTER OR DESTINATION-BASED BUS (h) FUNDING.—Of the amounts appropriated RAPID TRANSIT PROJECT RATINGS.—In issuing to carry out this division under this Act, ‘‘(e) OUTREACH.—Not later than 1 year after the date on which the Secretary establishes policy guidance under subsection (g)(5), the $10,000,000 shall be made available to carry Secretary may establish alternative evalua- out this section. the program, the Secretary shall conduct outreach, including through personal con- tion criteria for commuter or destination- based bus rapid transit projects for— SA 2165. Mr. WARNOCK submitted an tact, webinars, online materials, and other appropriate methods determined by the Sec- ‘‘(A) economic development effects associ- amendment intended to be proposed to ated with those projects; or amendment SA 2137 proposed by Mr. retary, to eligible entities with respect to grant opportunities under the program. ‘‘(B) policies and land use patterns that SCHUMER (for Ms. SINEMA (for herself, ‘‘(f) PARTNERSHIPS.— support public transportation.’’; and Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ‘‘(1) IN GENERAL.—The recipient of a grant (3) in subsection (m), by adding at the end SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. under the program may enter into a partner- the following: TESTER, Ms. MURKOWSKI, Mr. WARNER, ship with a nonprofit organization or other ‘‘(3) COST OF CARRYING OUT PLANNING AND and Mr. ROMNEY)) to the bill H.R. 3684, entity to assist the recipient in carrying out ACTIVITIES REQUIRED UNDER THE NATIONAL EN- to authorize funds for Federal-aid high- the activities described in subsection (b). VIRONMENTAL POLICY ACT OF 1969.— ways, highway safety programs, and ‘‘(2) ENCOURAGEMENT.—The Secretary shall ‘‘(A) IN GENERAL.—Subject to subparagraph transit programs, and for other pur- encourage recipients of grants under the pro- (B), the cost of carrying out the planning gram to enter into partnerships with non- and activities required under the National poses; which was ordered to lie on the Environmental Policy Act of 1969 (42 U.S.C. table; as follows: profit organizations that could assist the re- cipient in ensuring that a covered project re- 4321 et seq.), including planning and activi- At the appropriate place in division C, in- sults in lower emissions or no emissions. ties carried out prior to a project entering sert the following: ‘‘(g) RURAL AREAS.—Of the amounts made into the project development phase, shall be SEC. 30lll. HELPING OBTAIN PROSPERITY FOR available to carry out the program each fis- counted toward the net capital project cost EVERYONE PROGRAM. cal year, the Secretary shall ensure that not for purposes of paragraph (1). (a) IN GENERAL.—Chapter 53 of title 49, less than 20 percent is used to carry out cov- ‘‘(B) GUIDANCE.—The Secretary shall pro- United States Code, is amended by inserting ered projects in rural areas. vide guidance to applicants on the costs of after section 5307 the following: ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— planning and activities required under the ‘‘§ 5308. Helping Obtain Prosperity for Every- There is authorized to be appropriated to National Environmental Policy Act of 1969 one program carry out this section $25,000,000 for each of (42 U.S.C. 4321 et seq.) that are eligible to be ‘‘(a) DEFINITIONS.—In this section: fiscal year 2022 through 2026.’’. counted under subparagraph (A).’’.

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Mr. WARNOCK (for himself determines should be eligible for the use of a (A) IN GENERAL.—A voucher under the Pro- and Mr. PADILLA) submitted an amend- voucher under the program. gram may not be applied toward the pur- ment intended to be proposed to (3) ELIGIBLE EXPENSES.—The term ‘‘eligible chase of a connected device unless the con- amendment SA 2137 proposed by Mr. expenses’’ means, with respect to a con- nected device meets minimum standards to nected device— ensure that connected devices meet the SCHUMER (for Ms. SINEMA (for herself, (A) the retail price of the connected device; needs of the average user, which the Com- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (B) any sales taxes collected by the retailer mission shall establish in the regulations SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. with respect to the sale of the connected de- promulgated under paragraph (1). TESTER, Ms. MURKOWSKI, Mr. WARNER, vice; (B) REEVALUATION; REVISION.—Not later and Mr. ROMNEY)) to the bill H.R. 3684, (C) any shipping charges assessed by the than 3 years after the date on which the to authorize funds for Federal-aid high- retailer with respect to the connected de- Commission promulgates regulations under ways, highway safety programs, and vice; and paragraph (1), and every 3 years thereafter, the Commission shall— transit programs, and for other pur- (D) any reasonable (as defined by the Com- mission) product warranty and technical (i) reevaluate the minimum standards es- poses; which was ordered to lie on the support services. tablished under subparagraph (A); and table; as follows: (4) ELIGIBLE INDIVIDUAL.—The term ‘‘eligi- (ii) after conducting such reevaluation, if On page 2637, line 15, strike ble individual’’ means an individual who is a necessary to ensure that connected devices ‘‘$47,272,000,000’’ and insert ‘‘$51,772,000,000’’. member of an eligible household, as defined continue to meet the needs of the average On page 2637, line 18, strike ‘‘$9,454,400,000’’ in section 904(a)(6) of division N of the Con- user, revise such minimum standards. and insert ‘‘$10,354,400,000’’. solidated Appropriations Act, 2021 (Public (C) STANDARDS FOR NEW AND REFURBISHED On page 2637, line 20, strike ‘‘$9,454,400,000’’ Law 116–260), except that— DEVICES.—The Commission may establish and insert ‘‘$10,354,400,000’’. (A) in determining under subparagraph (A) separate minimum standards under subpara- On page 2637, line 22, strike ‘‘$9,454,400,000’’ of such section 904(a)(6) for purposes of this graph (A) for new connected devices and for and insert ‘‘$10,354,400,000’’. paragraph whether at least 1 member of the refurbished connected devices. On page 2637, line 24, strike ‘‘$9,454,400,000’’ household meets the qualifications in sub- (5) COLLABORATION WITH RETAILERS.— and insert ‘‘$10,354,400,000’’. section (a) or (b) of section 54.409 of title 47, (A) IN GENERAL.—The Commission shall On page 2638, line 1, strike ‘‘$9,454,400,000’’ Code of Federal Regulations, or any suc- collaborate with retailers to ensure the wide and insert ‘‘$10,354,400,000’’. cessor regulation, paragraph (1) of such sub- acceptance of vouchers and the wide avail- On page 2658, line 14, strike ‘‘$500,000,000’’ section (a) shall be applied by striking ‘‘135 ability of covered devices that will be free of and insert ‘‘$5,000,000,000’’. percent’’ and inserting ‘‘150 percent’’; and charge to consumers after applying a vouch- On page 2658, line 20, strike ‘‘$100,000,000’’ (B) subparagraphs (C) and (E) of such sec- er. and insert ‘‘$1,000,000,000’’. tion 904(a)(6) shall not apply for purposes of (B) WEBSITE.—The Commission shall estab- On page 2658, line 22, strike ‘‘$400,000,000’’ this paragraph. lish a website, which shall— and insert ‘‘$4,000,000,000’’. (i) link to offerings by retailers of con- (5) PROGRAM.—The term ‘‘Program’’ means On page 2659, line 2, strike ‘‘$15,000,000’’ and the program established under subsection nected devices eligible for the use of a vouch- insert ‘‘$150,000,000’’. (d). er under the Program so that a consumer --- may initiate the purchase of such a device SA 2168. Mr. WARNOCK submitted an (d) CONNECTED DEVICE VOUCHER PRO- using the voucher through the website; and amendment intended to be proposed to GRAM.— (ii) if the number of vouchers available amendment SA 2137 proposed by Mr. (1) ESTABLISHMENT; REGULATIONS.—Not over a particular time period is limited, indi- later than 180 days after the date of enact- SCHUMER (for Ms. SINEMA (for herself, cate the number of vouchers remaining. ment of this Act, the Commission shall es- (C) CATALOG.—The Commission shall estab- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- tablish, and promulgate regulations to im- lish a catalog, which shall— SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. plement in accordance with this section, a (i) be accessible to consumers without TESTER, Ms. MURKOWSKI, Mr. WARNER, program through which— internet access and include offerings by re- and Mr. ROMNEY)) to the bill H.R. 3684, (A) an eligible individual may obtain a tailers of connected devices eligible for the to authorize funds for Federal-aid high- voucher that can be applied toward the pur- use of a voucher under the Program; and ways, highway safety programs, and chase of a connected device from a retailer; (ii) if the number of vouchers available transit programs, and for other pur- and over a particular time period is limited, indi- (B) the Commission reimburses the retailer poses; which was ordered to lie on the cate the number of vouchers remaining. in an amount equal to the lesser of— (6) ADVERTISEMENT OF PROGRAM.—The table; as follows: (i) the amount of the voucher; or Commission shall advertise the availability At the appropriate place in division F, in- (ii) the eligible expenses with respect to of the Program, including by carrying out sert the following: the connected device. advertising campaigns in collaboration with SEC. 60lll. ACCESS TO DEVICES. (2) AMOUNT OF VOUCHER.— retailers of connected devices. (a) SHORT TITLE.—This section may be (A) IN GENERAL.—The amount of a voucher (7) TECHNICAL ASSISTANCE.—The Commis- cited as the ‘‘Device Access for Every Amer- under the Program shall be $400, as such sion shall provide technical assistance to re- ican Act’’. amount may be adjusted by the Commission tailers, eligible individuals, and community- (b) FINDINGS.—Congress finds that— under subparagraph (B). based organizations regarding participation (1) approximately 25 percent of adults in (B) REEVALUATION; ADJUSTMENT.—Not later in the Program. the United States do not own a computer; than 3 years after the date on which the (8) AUTHORIZATION OF APPROPRIATIONS.— (2) 4,400,000 households with students still Commission promulgates regulations under There is authorized to be appropriated to the lack consistent access to a computer, which paragraph (1), and every 3 years thereafter, Commission for fiscal year 2022, to remain prevents those students from completing the Commission shall— available until September 30, 2026, schoolwork; (i) reevaluate the amount of the voucher; $2,000,000,000 to carry out this section, of (3) there are no reliable estimates about and which not more than 3 percent may be used the number of students forced to share a (ii) after conducting such reevaluation, if to administer and promote the Program. computer with another member of their necessary to ensure that the voucher reflects (e) ENFORCEMENT.— household, potentially forcing the household the average amount of eligible expenses with (1) VIOLATIONS.—A violation of this section to choose between important online activi- respect to a connected device, adjust the or a regulation promulgated under this sec- ties such as work and learning; amount of the voucher. tion shall be treated as a violation of the (4) for those households without a com- (C) PRICE OF CONNECTED DEVICE EXCEEDING Communications Act of 1934 (47 U.S.C. 151 et puter or tablet, most cannot afford one; and AMOUNT OF VOUCHER.—If the eligible expenses seq.) or a regulation promulgated under such (5) while computer access is nearly ubiq- with respect to a connected device exceed Act. uitous among high-income households, 40 the amount of the voucher, an eligible indi- (2) ENFORCEMENT MANNER.—The Commis- percent of low-income adults lack a com- vidual may— sion shall enforce this section and the regu- puter. (i) apply the voucher to such expenses; and lations promulgated under this section in (c) DEFINITIONS.—In this section: (ii) pay the remainder of such expenses to the same manner, by the same means, and (1) COMMISSION.—The term ‘‘Commission’’ the retailer from other funds available to the with the same jurisdiction, powers, and du- means the Federal Communications Com- individual. ties as though all applicable terms and provi- mission. (3) NUMBER AND FREQUENCY OF VOUCHERS.— sions of the Communications Act of 1934 (47 (2) CONNECTED DEVICE.—The term ‘‘con- An eligible individual may obtain 1 voucher U.S.C. 151 et seq.) were incorporated into and nected device’’ means any of the following: under the Program every 4 years, except that made a part of this section. (A) A desktop computer. not more than 2 eligible individuals per (3) USE OF UNIVERSAL SERVICE ADMINISTRA- (B) A laptop computer. household may obtain a voucher under the TIVE COMPANY PERMITTED.—The Commission (C) A tablet computer. Program every 4 years. shall have the authority to avail itself of the (D) Any similar device (except for a tele- (4) MINIMUM STANDARDS FOR CONNECTED DE- services of the Universal Service Adminis- phone or smartphone) that the Commission VICES.— trative Company to implement the Program,

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including developing and processing reim- for the purpose of supporting long-term im- (2) APPROVAL.— bursements and distributing funds. provements to library facilities in accord- (A) IN GENERAL.—The Director shall ap- (f) PAPERWORK REDUCTION ACT REQUIRE- ance with this division. prove a State plan submitted under para- MENTS.—A collection of information con- (b) RESERVATIONS.—From the amount graph (1) that meets the requirements of ducted or sponsored under the regulations available in the Build America’s Libraries paragraph (1) and provides satisfactory as- required under subsection (d) shall not con- Fund, the Director shall reserve 3 percent to surances that the provisions of such plan stitute a collection of information for the award grants to Indian Tribes and to organi- will be carried out. purposes of subchapter I of chapter 35 of title zations that primarily serve and represent (B) PUBLIC AVAILABILITY.—Each State li- 44, United States Code (commonly known as Native Hawaiians, in the same manner as the brary administrative agency receiving an al- the ‘‘Paperwork Reduction Act’’). Director makes grants under section 261 of location under this section shall make the (g) PRIVACY ACT.—The requirement to pub- the Library Services and Technology Act (20 State plan available to the public, including lish notices related to system of records no- U.S.C. 9161) to enable such Indian Tribes and through electronic means. tices or computer matching agreements of organizations to carry out the activities de- (C) ADMINISTRATION.—If the Director deter- the agency before implementation required scribed in paragraphs (1) through (9) of sec- mines that the State plan does not meet the under paragraphs (4), (11), and (12) of section tion 100005(c). requirements of this section, the Director 552a(e) and to provide adequate advanced no- SEC. 100005. ALLOCATION TO STATES. shall— tice under section 552a(r) of title 5, United (a) ALLOCATION TO STATES.— (i) immediately notify the State library States Code (commonly known as the ‘‘Pri- (1) STATE-BY-STATE ALLOCATION.— administrative agency of such determination vacy Act of 1974’’) shall not apply when the (A) IN GENERAL.—From the amount avail- and the reasons for such determination; matching program is necessary to determine able in the Build America’s Libraries Fund (ii) offer the State library administrative eligibility under the Program, except that and not reserved under section 100004(b), agency the opportunity to revise its State the notices shall be— each State that has a plan approved by the plan; (1) sent to the Committee on Homeland Se- Director under subsection (b) shall be allo- (iii) provide technical assistance in order curity and Governmental Affairs of the Sen- cated an amount in the same manner as the to assist the State library administrative ate, the Committee on Oversight and Reform Director makes allotments to States under agency in meeting the requirements of this of the House of Representatives, and the Of- section 221(b) of the Library Services and section; and fice of Management and Budget; and Technology Act (20 U.S.C. 9131(b)), except (iv) provide the State library administra- (2) simultaneously submitted for publica- that, for purposes of this section, the min- tive agency the opportunity for a hearing. tion in the Federal Register. imum allotment for each State shall be (c) USES OF FUNDS.—Each State receiving --- Mr. REED submitted an $10,000,000, except that the minimum allot- an allocation under this section shall use the SA 2169. ment shall be $500,000 in the case of the funds for any 1 or more of the following: amendment intended to be proposed to United States Virgin Islands, Guam, Amer- (1) Constructing, renovating, modernizing, amendment SA 2137 proposed by Mr. ican Samoa, the Commonwealth of the or retrofitting library facilities in the State, SCHUMER (for Ms. SINEMA (for herself, Northern Mariana Islands, the Republic of which may include— Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- the Marshall Islands, the Federated States of (A) financing new library facilities; SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. Micronesia, and the Republic of Palau. (B) making capital improvements to exist- TESTER, Ms. MURKOWSKI, Mr. WARNER, (B) REALLOCATION OF REMAINING FUNDS.— ing library facilities, including buildings, fa- and Mr. ROMNEY)) to the bill H.R. 3684, (i) IN GENERAL.—From the remainder of cilities, grounds, and bookmobiles; to authorize funds for Federal-aid high- any amounts not reserved or allocated under (C) enhancing library facilities to improve subparagraph (A), on the date that is 1 year the overall safety and health of library pa- ways, highway safety programs, and after the date of enactment of this division, trons and staff, including improvements di- transit programs, and for other pur- the Director shall allocate to each State rectly related to reducing the risk of com- poses; which was ordered to lie on the that has a plan approved by the Director munity spread of COVID–19; and table; as follows: under subsection (b), an amount that bears (D) addressing the vulnerability of library At the end, add the following: the same relation to such remainder as the facilities to natural disasters and hazards. DIVISION K—BUILD AMERICA’S population of the State bears to the popu- (2) Investing in infrastructure projects re- LIBRARIES ACT lation of all States. lated to improving internet access and (ii) DATA.—For the purposes of clause (i), connectivity in library facilities and for li- SEC. 100001. SHORT TITLE. the population of each State and of all the brary patrons, including projects related to This division may be cited as the ‘‘Build States shall be determined by the Director high-speed broadband, technology hardware, America’s Libraries Act’’. on the basis of the most recent data avail- and mobile hotspots and similar equipment. SEC. 100002. PURPOSE. able from the Bureau of the Census. (3) Improving energy and water efficiency The purpose of this division is to support (2) STATE RESERVATIONS.—A State shall re- and addressing the environmental impacts of long-term improvements to library facilities serve not more than 4 percent of its alloca- library facilities. (including addressing needs that have arisen tion under paragraph (1) for administrative (4) Improving indoor air quality and ven- due to COVID–19) in order for libraries to costs and to provide technical assistance to tilation in library facilities, including me- better serve underserved and distressed com- libraries that are eligible to apply for a chanical and non-mechanical heating, ven- munities, low-income and rural areas, and grant under section 100006. tilation, and air conditioning systems, fil- people with disabilities and vulnerable li- (b) STATE PLAN.— tering and other air cleaning, fans, control brary users including children and seniors. (1) IN GENERAL.—To be eligible to receive systems, and window and door repair and re- SEC. 100003. DEFINITIONS. an allocation under this section, a State li- placement. In this division: brary administrative agency shall submit to (5) Reducing or eliminating the presence in (1) DIRECTOR.—The term ‘‘Director’’ has the Director a plan that includes such infor- library facilities of potential hazards to li- the meaning given the term in section 202 of mation as the Director may require, includ- brary staff and patrons, including— the Museum and Library Services Act (20 ing at a minimum— (A) toxic substances, including mercury, U.S.C. 9101). (A) a description of how the State will use radon, PCBs, lead, and asbestos; or (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ the allocation to make long-term improve- (B) mold and mildew. has the meaning given the term ‘‘Indian ments to library facilities with a focus on (6) Ensuring the safety of drinking water tribe’’ in section 202 of the Museum and Li- underserved and marginalized communities; at the tap in library facilities, which may in- brary Services Act (20 U.S.C. 9101). (B) a description regarding how the State clude testing of the potability of water at (3) LIBRARY.—The term ‘‘library’’ has the will carry out its responsibility to provide the tap for the presence of lead and other meaning given the term in section 213 of the technical assistance under subsection (a)(2), contaminants. Library Services and Technology Act (20 including providing, as appropriate, training (7) Ensuring that library facilities are— U.S.C. 9122). and resources to help library staff maximize (A) accessible to people with disabilities, (4) STATE.—The term ‘‘State’’ has the the use, functionality, and accessibility of li- including by implementing universal and in- meaning given the term in section 213 of the brary facilities improved under this section; clusive design; and Library Services and Technology Act (20 (C) a description regarding how the State (B) in compliance with the Architectural U.S.C. 9122). will make the determinations of eligibility Barriers Act of 1968 (42 U.S.C. 4151 et seq.), (5) STATE LIBRARY ADMINISTRATIVE AGEN- and priority under subsections (b) and (d) of the Americans with Disabilities Act of 1990 CY.—The term ‘‘State library administrative section 100006; (42 U.S.C. 12101 et seq.), and section 504 of the agency’’ has the meaning given the term in (D) a certification that the State has met Rehabilitation Act of 1973 (29 U.S.C. 794). section 213 of the Library Services and Tech- the maintenance of effort requirements (8) Improving library facilities for the pur- nology Act (20 U.S.C. 9122). under section 223(c) of the Library Services poses of supporting place-based services or SEC. 100004. BUILD AMERICA’S LIBRARIES FUND.— and Technology Act (20 U.S.C. 9133(c)); and community-based partnerships that provide (a) ESTABLISHMENT.—From the amount ap- (E) an assurance that the State will meet library patrons with access to educational, propriated under section 100009, there is es- the supplement not supplant requirement workforce, behavioral health, mental health, tablished a Build America’s Libraries Fund under section 100007(c). and social services.

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(9) Assessing the condition of existing li- brary Services Act (20 U.S.C. 9109) shall not (6) EFFECTIVE DATE.—This paragraph does brary facilities and the need for new or im- apply to this division. not apply with respect to a project if a State proved library facilities and developing fa- (b) NO MATCHING REQUIREMENT OR NON- agency approves the engineering plans and cilities master plans. FEDERAL SHARE.—Notwithstanding any specifications for the project, in that agen- SEC. 100006. NEED-BASED GRANTS TO LIBRARIES. other provision of law, a State, Indian Tribe, cy’s capacity to approve such plans and spec- (a) GRANTS TO LIBRARIES.—From the organization, library, or other entity that ifications prior to a project requesting bids, amounts allocated to a State under section receives funds under this division shall not prior to the date of enactment of this divi- 100005(a), the State library administrative be required to provide matching funds or a sion. agency shall award grants to libraries, on a non-Federal share toward the cost of the ac- SEC. 100008. OTHER REQUIREMENTS. competitive basis, to carry out the activities tivities carried out with the funds. For fiscal year 2022 and each succeeding described in paragraphs (1) through (9) of sec- (c) SUPPLEMENT NOT SUPPLANT.—A State fiscal year, with respect to each contract or tion 100005(c). shall use an allocation received under sec- subcontract funded, in whole or in part, (b) ELIGIBILITY.—To be eligible to receive a tion 100005 only to supplement the level of under this division— grant under this section, a library shall be— Federal, State, and local public funds that (1) the provisions of subchapter IV of chap- (1) a public library; would, in absence of such allocation, be made ter 31 of title 40, United States Code, shall (2) a tribal library; or available for the activities supported by the apply with respect to laborers or mechanics (3) a State library or a State archive, with allocation, and not to supplant such funds. for each construction contract or sub- (d) ADMINISTRATIVE COSTS.—From the respect to outlets and facilities that provide contract funded, in whole or in part, under amount appropriated under section 100009, library service directly to the general public. this division; and the Director may allocate not more than 3 (c) APPLICATION.—A library described in (2) the provisions of chapter 67 of title 41, percent of such amount for program adminis- subsection (b) that desires to receive a grant United States Code, shall apply with respect tration, oversight activities, research, anal- under this section shall submit an applica- to service employees for each contract or ysis, and data collection related to the pur- tion to the State library administrative subcontract funded, in whole or in part, agency at such time, in such manner, and poses of the Build America’s Libraries Fund. (e) REPORTS.— under this division, except that, for purposes containing such information as the State li- of such chapter, the term ‘‘service em- brary administrative agency may require, in- (1) IN GENERAL.—Not later than 1 year after the date of enactment of this division and ployee’’ shall— cluding— (A) have the meaning given the term in (1) the information necessary for the State annually thereafter until all funds provided under this division have been expended, the section 6701 of such title; to make a determination of the library’s eli- Director shall issue reports to the Com- (B) include employees that are routine op- gibility for the grant and priority under sub- mittee on Appropriations and the Committee erations workers or routine maintenance section (d); and on Health, Education, Labor, and Pensions of workers; and (2) a description of the projects that the li- the Senate and the Committee on Appropria- (C) not include any employee covered brary plans to carry out with the grant, in tions and the Committee on Education and under paragraph (1). accordance with paragraphs (1) through (9) of Labor of the House of Representatives detail- SEC. 100009. APPROPRIATION OF FUNDS. section 100005(c), including— ing how funding under this division has been There is authorized to be appropriated, and (A) the rationale the library used to select spent and its impact on improving library there is appropriated, to carry out this divi- such project; and services in communities that are served, in- sion, $5,000,000,000, for the period of fiscal (B) a description of how the library took cluding underserved and marginalized popu- years 2022 through 2024, to remain available into consideration the impacts of such lations, Indian Tribes, and Native Hawaiian until expended. projects on underserved or marginalized communities, and shall make such reports --- communities, including families with in- publicly available on the website of the In- SA 2170. Mr. REED submitted an comes below the poverty line (as defined stitute of Museum and Library Services. amendment intended to be proposed to under section 673(2) of the Community Serv- (2) STATE REPORT.—A State that receives amendment SA 2137 proposed by Mr. ices Block Grant Act (42 U.S.C. 9902(2)). funds under this division shall, not later SCHUMER (for Ms. SINEMA (for herself, (d) PRIORITY OF GRANTS.—In awarding than 1 year after the date of enactment of grants under this section, the State— Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- this division, and annually thereafter until (1) shall give first priority to eligible li- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. all funds have been expended, submit a re- TESTER, Ms. MURKOWSKI, Mr. WARNER, braries that demonstrate the greatest need port to the Director at such time and in such and Mr. ROMNEY)) to the bill H.R. 3684, for such a grant in order to plan for, and manner as the Director may require. make long-term improvements to, library fa- (f) AMERICAN IRON AND STEEL PRODUCTS.— to authorize funds for Federal-aid high- cilities that predominantly provide service (1) IN GENERAL.—As a condition on receipt ways, highway safety programs, and to underserved or marginalized commu- of funds under this division for a project, an transit programs, and for other pur- nities, including families with incomes below entity shall ensure that all of the iron and poses; which was ordered to lie on the the poverty line (as defined under section steel products used in the project are pro- table; as follows: 673(2) of the Community Services Block duced in the United States. At the end of division G, add the following: Grant Act (42 U.S.C. 9902(2)); and (2) APPLICATION.—Paragraph (1) shall be TITLE XII—REOPEN AND REBUILD (2) may additionally give priority to eligi- waived in any case or category of cases in AMERICA’S SCHOOLS ble libraries that will use the grant to re- which the Director finds that— place, renovate, modernize, or retrofit exist- (A) applying subparagraph (A) would be in- SEC. 72001. SHORT TITLE. ing library facilities in order to— consistent with the public interest; This title may be cited as the ‘‘Reopen and (A) make health, safety, resiliency, hazard (B) iron and steel products are not pro- Rebuild America’s Schools Act of 2021’’. mitigation, or emergency preparedness im- duced in the United States in sufficient and SEC. 72002. DEFINITIONS. provements to existing library facilities that reasonably available quantities and of a sat- In this title: pose a severe health or safety threat to li- isfactory quality; or (1) APPROPRIATE CONGRESSIONAL COMMIT- brary patrons or staff, which may include a (C) inclusion of iron and steel products pro- TEES.—The term ‘‘appropriate congressional threat posed by the proximity of the facili- duced in the United States will increase the committees’’ means the Committee on Edu- ties to toxic sites or the vulnerability of the cost of the overall project by more than 25 cation and Labor of the House of Representa- facilities to natural disasters; percent. tives and the Committee on Health, Edu- (B) install or upgrade hardware that will (3) WAIVER.—If the Director receives a re- cation, Labor, and Pensions of the Senate. improve access to high-speed broadband for quest for a waiver under this subsection, the (2) BUREAU-FUNDED SCHOOL.—The term library patrons of the library facilities; Director shall make available to the public, ‘‘Bureau-funded school’’ has the meaning (C) improve access for library patrons or on an informal basis, a copy of the request given that term in section 1141 of the Edu- staff with disabilities to use the library fa- and information available to the Director cation Amendments of 1978 (25 U.S.C. 2021). cilities and its equipment; or concerning the request, and shall allow for (3) COVERED FUNDS.—The term ‘‘covered (D) improve the energy efficiency of or re- informal public input on the request for at funds’’ means funds received— duce the carbon emissions or negative envi- least 15 days prior to making a finding based (A) under subtitle A of this Act; ronmental impacts resulting from the exist- on the request. The Director shall make the (B) from a school infrastructure bond; or ing library facilities. request and accompanying information (C) from a qualified zone academy bond (as (e) SUPPLEMENT NOT SUPPLANT.—A library available by electronic means. such term is defined in section 54E of the In- shall use a grant received under this section (4) INTERNATIONAL AGREEMENTS.—This sub- ternal Revenue Code of 1986 (as restored by only to supplement the level of Federal, section shall be applied in a manner con- section 72111)). State, and local public funds that would, in sistent with United States obligations under (4) ESEA TERMS.—The terms ‘‘elementary the absence of such grant, be made available international agreements. school’’, ‘‘outlying area’’, and ‘‘secondary for the activities supported by the grant, and (5) MANAGEMENT AND OVERSIGHT.—The Di- school’’ have the meanings given those terms not to supplant such funds. rector may retain up to 0.25 percent of the in section 8101 of the Elementary and Sec- SEC. 100007. ADMINISTRATION AND OVERSIGHT. funds appropriated for this division for man- ondary Education Act of 1965 (20 U.S.C. 7801). (a) NO PROHIBITION AGAINST CONSTRUC- agement and oversight of the requirements (5) LOCAL EDUCATIONAL AGENCY.—The term TION.—Section 210A of the Museum and Li- of this subsection. ‘‘local educational agency’’ has the meaning

VerDate Sep 11 2014 03:44 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00063 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.036 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5592 CONGRESSIONAL RECORD — SENATE August 2, 2021 given that term in section 8101 of the Ele- tion to the amount received by the outlying (VI) any improvements that are needed to mentary and Secondary Education Act of area under part A of title I of the Elemen- support indoor and outdoor social 1965 (20 U.S.C. 7801) except that such term tary and Secondary Education Act of 1965 (20 distancing, personal hygiene, and building does not include a Bureau-funded school. U.S.C. 6311 et seq.) for the previous fiscal hygiene (including with respect to heating, (6) PUBLIC SCHOOL FACILITIES.—The term year relative to the total such amount re- ventilation, and air conditioning usage) in ‘‘public school facilities’’ means the facili- ceived by all outlying areas for such previous school facilities, consistent with guidance ties of a public elementary school or a public fiscal year. issued by the Centers for Disease Control and secondary school. SEC. 72102. ALLOCATION TO STATES. Prevention; (7) QUALIFIED LOCAL EDUCATIONAL AGEN- (a) ALLOCATION TO STATES.— (iii) updating the database developed under CY.—The term ‘‘qualified local educational (1) STATE-BY-STATE ALLOCATION.— clause (ii) not less frequently than once agency’’ means a local educational agency (A) FISCAL YEAR 2022.—Of the amount ap- every 2 years; that receives funds under part A of title I of propriated to carry out this subtitle for fis- (iv) ensuring that the information in the the Elementary and Secondary Education cal year 2022 and not reserved under section database developed under clause (ii)— Act of 1965 (20 U.S.C. 6311 et seq.). 72101(b), not later than 30 days after such (I) is posted on a publicly accessible State (8) SCHOOL INFRASTRUCTURE BOND.—The funds are appropriated, each State that pro- website; and term ‘‘school infrastructure bond’’ has the vides an assurance to the Secretary that the (II) is regularly distributed to local edu- meaning given such term in section 54BB of State will comply with the requirements of cational agencies and Tribal governments in the Internal Revenue Code of 1986 (as added subsection (c) shall be allocated an amount the State; by section 72112). in proportion to the amount received by all (v) issuing and reviewing regulations to en- (9) SECRETARY.—The term ‘‘Secretary’’ local educational agencies in the State under sure the health and safety of students and means the Secretary of Education. part A of title I of the Elementary and Sec- staff during construction or renovation (10) STATE.—The term ‘‘State’’ means each ondary Education Act of 1965 (20 U.S.C. 6311 projects; of the 50 States, the District of Columbia, et seq.) for the previous fiscal year relative (vi) issuing or reviewing regulations to en- and the Commonwealth of Puerto Rico. to the total amount received under such part sure safe, healthy, and high-performing (11) ZERO ENERGY SCHOOL.—The term ‘‘zero for such fiscal year by all local educational school buildings, including regulations gov- energy school’’ means a public elementary agencies in every State that provides such erning— school or public secondary school that— an assurance to the Secretary. (I) indoor environmental quality and ven- (A) generates renewable energy on-site; (B) OTHER FISCAL YEARS.—Of the amount tilation, including exposure to carbon mon- and appropriated to carry out this subtitle for oxide, carbon dioxide, lead-based paint, and (B) on an annual basis, exports an amount each fiscal year other than fiscal year 2022 other combustion by-products such as oxides of such renewable energy that equals or ex- and not reserved under section 72101(b), each of nitrogen; ceeds the total amount of renewable energy State that has a plan approved by the Sec- (II) mold, mildew, and moisture control; that is delivered to the school from outside retary under subsection (b) shall be allocated (III) the safety of drinking water at the tap sources. an amount in proportion to the amount re- and water used for meal preparation, includ- Subtitle A—Grants for the Long-term ceived by all local educational agencies in ing regulations that— Improvement of Public School Facilities the State under part A of title I of the Ele- (aa) address the presence of lead and other SEC. 72101. PURPOSE AND RESERVATION. mentary and Secondary Education Act of contaminants in such water; and (a) PURPOSE.—Funds made available under 1965 (20 U.S.C. 6311 et seq.) for the previous (bb) require the regular testing of the pota- this subtitle shall be for the purpose of sup- fiscal year relative to the total amount re- bility of water at the tap; porting long-term improvements to public ceived under such part for such fiscal year by (IV) energy and water efficiency; school facilities in accordance with this all local educational agencies in every State (V) excessive classroom noise due to activi- title. that has a plan approved by the Secretary ties allowable under section 72101; (b) RESERVATION FOR OUTLYING AREAS AND under subsection (b). (VI) the levels of maintenance work, oper- BUREAU-FUNDED SCHOOLS.— (2) STATE RESERVATION.—A State may re- ational spending, and capital investment (1) IN GENERAL.—For each of fiscal years serve not more than 1 percent of its alloca- needed to maintain the quality of public 2022 through 2026, the Secretary shall re- tion under paragraph (1) to carry out its re- school facilities; and serve, from the amount appropriated to sponsibilities under this title, which— (VII) the construction or renovation of carry out this subtitle— (A) shall include— such facilities, including applicable building (A) one-half of 1 percent, to make alloca- (i) providing technical assistance to local codes; and tions to the outlying areas in accordance educational agencies, including by— (vii) creating a plan to reduce or eliminate with paragraph (3); and (I) identifying which State agencies have exposure to toxic substances, including mer- (B) one-half of 1 percent, for payments to programs, resources, and expertise relevant cury, radon, PCBs, lead, vapor intrusions, the Secretary of the Interior to provide as- to the activities supported by the allocation and asbestos; and sistance to Bureau-funded schools. under this section; and (B) may include the development of a plan (2) USE OF RESERVED FUNDS.— (II) coordinating the provision of technical to increase the number of zero energy (A) IN GENERAL.—Funds reserved under assistance across such agencies; schools in the State. paragraph (1) shall be used in accordance (ii) in accordance with the guidance issued (b) STATE PLAN.— with subtitle C. by the Secretary under section 72103, devel- (1) IN GENERAL.—Except as provided in (B) SPECIAL RULES FOR BUREAU-FUNDED oping an online, publicly searchable data- paragraph (2), to be eligible to receive an al- SCHOOLS.— base that contains an inventory of the infra- location under this section, a State shall (i) APPLICABILITY.—The provisions of sub- structure of all public school facilities in the submit to the Secretary a plan that— title C shall apply to a Bureau-funded school State (including the facilities of Bureau- (A) describes how the State will use the al- that receives assistance under paragraph funded schools, as appropriate), including, location to make long-term improvements to (1)(B) in the same manner that such provi- with respect to each such facility, an identi- public school facilities; sions apply to a qualified local educational fication of— (B) explains how the State will carry out agency that receives covered funds. The fa- (I) the information described in subclauses each of its responsibilities under subsection cilities of a Bureau-funded school shall be (I) through (VII) of clause (vi); (a)(2); treated as public school facilities for pur- (II) the age (including an identification of (C) explains how the State will make the poses of the application of such provisions. the date of any retrofits or recent renova- determinations under subsections (b) (ii) TREATMENT OF TRIBALLY OPERATED tions) of— through (d) of section 72103; SCHOOLS.—The Secretary of the Interior shall (aa) the facility; (D) identifies how long, and at what levels, provide assistance to Bureau-funded schools (bb) its roof; the State will maintain fiscal effort for the under paragraph (1)(B) without regard to (cc) its lighting system; activities supported by the allocation after whether such schools are operated by the Bu- (dd) its windows; the State no longer receives the allocation; reau of Indian Education or by an Indian (ee) its ceilings; and Tribe. In the case of a Bureau-funded school (ff) its plumbing; and (E) includes such other information as the that is a contract or grant school (as that (gg) its heating, ventilation, and air condi- Secretary may require. term is defined in section 1141 of the Edu- tioning system; (2) EXPEDITED PROCESS FOR FISCAL YEAR cation Amendments of 1978 (25 U.S.C. 2021)) (III) fire safety inspection results; 2022.— operated by an Indian Tribe, the Secretary of (IV) the proximity of the facilities to toxic (A) ASSURANCE TO SECRETARY.—To be eligi- the Interior shall provide assistance under sites or the vulnerability of the facilities to ble to receive an allocation for fiscal year such paragraph to the Indian Tribe con- natural disasters, including the extent to 2022 under section 72101(a)(1)(A), a State cerned. which facilities that are vulnerable to seis- shall provide to the Secretary an assurance (3) ALLOCATION TO OUTLYING AREAS.—From mic natural disasters are seismically retro- that the State will comply with the require- the amount reserved under paragraph (1)(A) fitted; ments of section 72103(c). for a fiscal year, the Secretary shall allocate (V) any previous inspections showing the (B) SUBMITTAL OF STATE PLAN.—A State to each outlying area an amount in propor- presence of toxic substances; and shall not be required to submit a State plan

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under paragraph (1) before receiving an allo- (1) IN GENERAL.—Subject to paragraph (2), school facilities, consistent with guidance cation for fiscal year 2022 under subsection from the amounts allocated to a State under issued by the Centers for Disease Control and (a)(1)(A). A State that receives an allocation section 72102(a) and contributed by the State Prevention; and under such section for such fiscal year shall under section 72102(c)(1), the State shall (2) from any funds remaining after making submit to the Secretary the State plan de- award grants to qualified local educational grants to qualified local educational agen- scribed in paragraph (1) not later than 90 agencies, on a competitive basis, to carry cies that meet the requirements of para- days after the date on which such allocation out the activities described in section graph (1), the State may award grants to is received. 72101(a). other qualified local educational agencies in (3) APPROVAL AND DISAPPROVAL.—The Sec- (2) ALLOWANCE FOR DIGITAL LEARNING.—A accordance with the priorities established retary shall have the authority to approve or State may use up to 10 percent of the under subsection (d). disapprove a State plan submitted under amount described in paragraph (1) to make (d) PRIORITY OF GRANTS FOR OTHER FISCAL paragraph (1). grants to qualified local educational agen- YEARS.—Except as provided in subsection (c), (c) CONDITIONS.—As a condition of receiv- cies carry out activities to improve digital in awarding grants under this section, the ing an allocation under this section, a State learning in accordance with section 72101(b). State shall give priority to qualified local shall agree to the following: (b) ELIGIBILITY.— educational agencies that— (1)(A) demonstrate the greatest need for (1) MATCHING REQUIREMENT.— (1) IN GENERAL.—To be eligible to receive a such a grant, as determined by a comparison (A) IN GENERAL.—The State shall con- grant under this section a qualified local tribute, from non-Federal sources, an educational agency— of the factors described in subsection (b)(1) amount equal to 10 percent of the amount of (A) shall be among the local educational and other indicators of need in the public the allocation received under this section to agencies in the State with the highest num- school facilities of such local educational carry out the activities supported by the al- bers or percentages of students counted agencies, including— (i) the median age of facilities; location. under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. (ii) the extent to which student enrollment (B) DEADLINE.—The State shall provide any exceeds physical and instructional capacity; contribution required under subparagraph 6333(c)); (iii) the condition of major building sys- (A) not later than September 30, 2030. (B) shall agree to prioritize the improve- ment of the facilities of public schools that tems such as heating, ventilation, air condi- (C) CERTAIN FISCAL YEARS.—With respect to serve the highest percentages of students tioning, electrical, water, and sewer systems; a fiscal year for which more than who are eligible for a free or reduced price (iv) the condition of roofs, windows, and $7,000,000,000 are appropriated to carry out lunch under the Richard B. Russell National doors; and this subtitle, subparagraph (A) shall be ap- School Lunch Act (42 U.S.C. 1751 et seq.) (v) other critical health and safety condi- plied as if ‘‘, from non-Federal sources,’’ (which, in the case of a high school, may be tions; were struck. calculated using comparable data from the (B) will use the grant to improve the facili- (D) COMMITMENT TO PROPORTIONAL STATE schools that feed into the high school), as ties of— INVESTMENT IN SCHOOL FACILITIES.— compared to other public schools in the ju- (i) elementary schools or middle schools (i) IN GENERAL.—The State shall provide an risdiction of the agency; and that have an enrollment of students who are assurance to the Secretary that for each fis- (C) shall be among the local educational eligible for a free or reduced price lunch cal year that the State receives an alloca- agencies in the State with the most limited under the Richard B. Russell National tion under this section, the State’s share of capacity to raise funds for the long-term im- School Lunch Act (42 U.S.C. 1751 et seq.) that school facilities capital outlay will be not provement of public school facilities, as de- constitutes not less than 40 percent of the less than 90 percent of the average of the termined by an assessment of— total student enrollment at such schools; or State’s share of school facilities capital out- (i) the current and historic ability of the (ii) high schools that have an enrollment of lay for the 5 years preceding the fiscal year agency to raise funds for construction, ren- students who are eligible for a free or re- for which the allocation is received. ovation, modernization, and major repair duced price lunch under such Act that con- (ii) STATE’S SHARE OF SCHOOL FACILITIES projects for schools; stitutes not less than 30 percent of the total CAPITAL OUTLAY.—In this subparagraph, the (ii) whether the agency has been able to student enrollment at such schools (which term ‘‘State’s share of school facilities cap- issue bonds or receive other funds to support may be calculated using comparable data ital outlay’’ means— school construction projects; and from the schools that feed into the high (I) the total State expenditures on school (iii) the bond rating of the agency. school); and facilities capital outlay projects; divided by (2) EQUITABLE DISTRIBUTION.— (C) operate public school facilities that (II) the total school facilities capital ex- (A) NUMBERS AND PERCENTAGES OF CERTAIN pose a severe health and safety threat to stu- penditures in the State on school facilities STUDENTS.—In making the determination dents and staff, which may include consider- capital outlay projects. under paragraph (1)(A), the State shall en- ation of threats posed by the proximity of (iii) TOTAL STATE EXPENDITURES.—In this sure that grants under this section are equi- the facilities to toxic sites or brownfield subparagraph, the term ‘‘total State expend- tably distributed among— sites or the vulnerability of the facilities to itures’’ means the State’s total expenditures (i) qualified local educational agencies in natural disasters; or (from funds other than an allocation under the State with the highest numbers of stu- (2)(A) will use the grant to improve access this section) on school facilities capital out- dents counted under section 1124(c) of the El- to high-speed broadband sufficient to support lay projects, including— ementary and Secondary Education Act of digital learning in accordance with section (I) any direct expenditures by the State for 1965 (20 U.S.C. 6333(c)); and 72101(b); the purpose of school facilities capital out- (ii) qualified local educational agencies in (B) serve elementary schools or secondary lay projects; and the State with the highest percentages of schools, including rural schools, that lack (II) funds provided by the State to local students counted under such section. such access; and educational agencies for the purpose of (B) GEOGRAPHIC DIVERSITY.—The State (C) meet one or more of the requirements school facilities capital outlay projects. shall ensure that grants under this section set forth in subparagraphs (A) through (C) of (iv) TOTAL SCHOOL FACILITIES CAPITAL EX- are awarded to qualified local educational paragraph (1). PENDITURES IN THE STATE.—In this subpara- agencies that represent the geographic diver- (e) APPLICATION.—To be considered for a graph, the term ‘‘total school facilities cap- sity of the State. grant under this section, a qualified local ital expenditures in the State’’, means the (3) STATEWIDE THRESHOLDS.—The State educational agency shall submit an applica- sum of— shall establish reasonable thresholds for de- tion to the State at such time, in such man- (I) the total State expenditures calculated termining whether a local educational agen- ner, and containing such information as the under clause (iii); plus cy is among agencies in the State with the State may require. Such application shall in- (II) all additional expenditures (from funds highest numbers or percentages of students clude, at minimum— other than an allocation under this section) counted under section 1124(c) of the Elemen- (1) the information necessary for the State on school facilities capital outlay projects tary and Secondary Education Act of 1965 (20 to make the determinations under sub- by local educational agencies in the State U.S.C. 6333(c)) as required under paragraph sections (b) through (d); that were not included in the calculation of (1)(A). (2) a description of the projects that the total State expenditures under clause (iii). (c) PRIORITY OF GRANTS FOR FISCAL YEAR agency plans to carry out with the grant; (2) SUPPLEMENT NOT SUPPLANT.—The State 2022.—In awarding grants under this section (3) an explanation of how such projects will shall use an allocation under this section for fiscal year 2022— reduce risks to the health and safety of staff only to supplement the level of Federal, (1) the State shall first award grants to and students at schools served by the agen- State, and local public funds that would, in qualified local educational agencies that cy; and absence of such allocation, be made available meet the requirements of subsection (d)(1) (4) in the case of a local educational agen- for the activities supported by the alloca- that will use the grant to improve the facili- cy that proposes to fund a repair, renova- tion, and not to supplant such funds. ties of schools described in subsection tion, or construction project for a public SEC. 72103. NEED-BASED GRANTS TO QUALIFIED (d)(1)(B) to support indoor and outdoor social charter school, the extent to which— LOCAL EDUCATIONAL AGENCIES. distancing, personal hygiene, and building (A) the public charter school lacks access (a) GRANTS TO LOCAL EDUCATIONAL AGEN- hygiene (including with respect to heating, to funding for school repair, renovation, and CIES.— ventilation, and air conditioning usage) in construction through the financing methods

VerDate Sep 11 2014 03:44 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00065 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.044 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5594 CONGRESSIONAL RECORD — SENATE August 2, 2021 available to other public schools or local SEC. 72104. ANNUAL REPORT ON GRANT PRO- by striking ‘‘means—’’ and all that follows educational agencies in the State; and GRAM. through ‘‘which is part’’ and inserting (B) the charter school operator owns or has (a) IN GENERAL.—Not later than September ‘‘means a qualified zone academy bond which care and control of the facility that is to be 30 of each fiscal year beginning after the is part’’. repaired, renovated, or constructed. date of the enactment of this Act, the Sec- (B) CONFORMING AMENDMENT.—Section retary shall submit to the appropriate con- (f) FACILITIES MASTER PLAN.— 54A(c)(2)(C) of such Code, as revived by para- gressional committees a report on the (1) PLAN REQUIRED.—Not later than 180 graph (1), is amended by striking ‘‘means—’’ projects carried out with funds made avail- days after receiving a grant under this sec- and all that follows and inserting ‘‘a purpose able under this subtitle. tion, a qualified local educational agency specified in section 54E(a)(1)’’. (b) ELEMENTS.—The report under sub- (3) CONFORMING AMENDMENTS.— shall submit to the State a comprehensive section (a) shall include, with respect to the (A) The Internal Revenue Code of 1986 is 10-year facilities master plan. fiscal year preceding the year in which the amended by inserting before section 54A (as (2) ELEMENTS.—The facilities master plan report is submitted, the following: revived by paragraph (1)) the following: required under paragraph (1) shall include, (1) An identification of each local edu- with respect to all public school facilities of cational agency that received a grant under ‘‘Subpart I—Qualified Tax Credit Bonds the qualified local educational agency, a de- this subtitle. scription of— ‘‘Sec. 54A. Credit to holder of qualified tax (2) With respect to each such agency, a de- credit bonds.’’. (A) the extent to which public school fa- scription of— cilities meet students’ educational needs and (B) Section 6401(b)(1) of such Code is (A) the demographic composition of the amended by striking ‘‘and G’’ and inserting support the agency’s educational mission student population served by the agency, and vision; ‘‘G, and I’’. disaggregated by— (C) The table of subparts for part IV of sub- (B) the physical condition of the public (i) race; school facilities; chapter A of chapter 1 of such Code is (ii) the number and percentage of students amended by adding at the end the following: (C) the current health, safety, and environ- counted under section 1124(c) of the Elemen- mental conditions of the public school facili- tary and Secondary Education Act of 1965 (20 ‘‘SUBPART I—QUALIFIED TAX CREDIT BONDS’’. ties, including— U.S.C. 6333(c)); and (b) CREDIT ALLOWED TO ISSUER.— (i) indoor air quality; (iii) the number and percentage of students (ii) the presence of toxic substances; (1) IN GENERAL.—Section 6431 of the Inter- who are eligible for a free or reduced price nal Revenue Code of 1986, as in effect on the (iii) the safety of drinking water at the tap lunch under the Richard B. Russell National and water used for meal preparation, includ- day before repeal by Public Law 115–97, is re- School Lunch Act (42 U.S.C. 1751 et seq.); vived. ing the level of lead and other contaminants (B) the population density of the geo- in such water; (2) CONFORMING AMENDMENT.—Section graphic area served by the agency; 6211(b)(4) of such Code is amended by strik- (iv) energy and water efficiency; (C) the projects for which the agency used (v) excessive classroom noise; and ing ‘‘and 6428A’’ and inserting ‘‘6428A, and the grant received under this subtitle, de- 6431’’. (vi) other health, safety, and environ- scribed using measurements of school facil- (c) QUALIFIED ZONE ACADEMY BONDS.— mental conditions that would impact the ity quality from the most recent available (1) IN GENERAL.—Section 54E of the Inter- health, safety, and learning ability of stu- version of the Common Education Data nal Revenue Code of 1986, as in effect on the dents; Standards published by the National Center day before repeal by Public Law 115–97, is re- (D) how the local educational agency will for Education Statistics; vived. address any conditions identified under sub- (D) the demonstrable or expected benefits (2) EXTENSION OF LIMITATION.—Section paragraph (C); of the projects; and 54E(c)(1) of such Code is amended— (E) the impact of current and future stu- (E) the estimated number of jobs created (A) by striking ‘‘and $400,000,000’’ and in- dent enrollment levels (as of the date of ap- by the projects. serting ‘‘$400,000,000’’, and plication) on the design of current and future (3) The total dollar amount of all grants (B) by striking ‘‘and, except as provided’’ public school facilities, as well as the finan- received by local educational agencies under and all that follows through the period at cial implications of such enrollment levels; this subtitle. the end and inserting ‘‘, and $1,400,000,000 for (F) the dollar amount and percentage of (c) LEA INFORMATION COLLECTION.—A local funds the local educational agency will dedi- educational agency that receives a grant 2022 and each calendar year thereafter.’’. cate to capital construction projects for pub- under this subtitle shall— (3) REMOVAL OF PRIVATE BUSINESS CON- lic school facilities, including— (1) annually compile the information de- TRIBUTION REQUIREMENT.—Section 54E of the (i) any funds in the budget of the agency scribed in subsection (b)(2); Internal Revenue Code of 1986, as revived by that will be dedicated to such projects; and (2) make the information available to the paragraph (1) and amended by paragraph (2), (ii) any funds not in the budget of the public, including by posting the information is amended— agency that will be dedicated to such on a publicly accessible agency website; and (A) in subsection (a)(3), by inserting ‘‘and’’ projects, including any funds available to the (3) submit the information to the State. at the end of subparagraph (A), by striking agency as the result of a bond issue; and (d) STATE INFORMATION DISTRIBUTION.—A subparagraph (B), and by redesignating sub- (G) the dollar amount and percentage of State that receives information from a local paragraph (C) as subparagraph (B), funds the local educational agency will dedi- educational agency under subsection (c) (B) by striking subsection (b), and cate to the maintenance and operation of shall— (C) by redesignating subsections (c) and (d) public school facilities, including— (1) compile the information and report it as subsections (b) and (c), respectively. (i) any funds in the budget of the agency annually to the Secretary at such time and (4) CONSTRUCTION OF A PUBLIC SCHOOL FA- that will be dedicated to the maintenance in such manner as the Secretary may re- CILITY.—Section 54E(c)(3)(A) of the Internal and operation of such facilities; and quire; Revenue Code of 1986, as revived by para- (ii) any funds not in the budget of the (2) make the information available to the graph (1) and redesignated in paragraph agency that will be dedicated to the mainte- public, including by posting the information (3)(C), is amended by striking ‘‘rehabili- nance and operation of such facilities. on a publicly accessible State website; and tating or repairing’’ and inserting ‘‘con- (3) CONSULTATION.—In developing the fa- (3) regularly distribute the information to structing, rehabilitating, retrofitting, or re- cilities master plan required under para- local educational agencies and Tribal gov- pairing’’. graph (1)— ernments in the State. (d) CONFORMING AMENDMENT RELATED TO (A) a qualified local educational agency SEC. 72105. AUTHORIZATION OF APPROPRIA- APPLICATION OF CERTAIN LABOR STAND- shall consult with teachers, principals and TIONS. ARDS.— other school leaders, custodial and mainte- There are authorized to be appropriated, (1) IN GENERAL.—Subchapter IV of chapter nance staff, emergency first responders, and there are appropriated, $20,000,000,000 for 31 of the title 40, United States Code, shall school facilities directors, students and fam- each of fiscal years 2022 through 2026 to carry apply to projects financed with the proceeds ilies, community residents, and Indian out this subtitle. Amounts so appropriated of any qualified zone academy bond (as de- Tribes; and are authorized to remain available through fined in section 54E of the Internal Revenue (B) in addition to the consultation required fiscal year 2031. Code of 1986) issued after the date of the en- under subparagraph (A), a Bureau-funded Subtitle B—School Infrastructure Bonds actment of the American Recovery and Rein- school shall consult with the Bureau of In- SEC. 72111. RESTORATION OF CERTAIN QUALI- vestment Tax Act of 2009. dian Education. FIED TAX CREDIT BONDS. (2) CONFORMING AMENDMENT.—Section 1601 (g) SUPPLEMENT NOT SUPPLANT.—A quali- (a) ALLOWANCE OF CREDIT.— of the American Recovery and Reinvestment fied local educational agency shall use a (1) IN GENERAL.—Section 54A of the Inter- Tax Act of 2009 is amended by striking para- grant received under this section only to nal Revenue Code of 1986, as in effect on the graph (3) and redesignating paragraphs (4) supplement the level of Federal, State, and day before repeal by Public Law 115–97, is re- and (5) as paragraphs (3) and (4), respec- local public funds that would, in the absence vived. tively. of such grant, be made available for the ac- (2) CREDIT LIMITED TO CERTAIN BONDS.— (e) EFFECTIVE DATE.—The amendments tivities supported by the grant, and not to (A) IN GENERAL.—Section 54A(d)(1) of such made by this section shall apply to obliga- supplant such funds. Code, as revived by paragraph (1), is amended tions issued after December 31, 2022.

VerDate Sep 11 2014 03:44 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00066 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.044 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5595 SEC. 72112. SCHOOL INFRASTRUCTURE BONDS. extent that less than 100 percent of the avail- cordance with section 72101(b) of the Reopen (a) IN GENERAL.—The Internal Revenue able project proceeds of the issue are ex- and Rebuild America’s Schools Act of 2021. Code of 1986 is amended by inserting after pended at the close of the period described in ‘‘(h) INTEREST PAYMENT DATE.—For pur- subpart I (as revived by section 72111) of part subparagraph (A) with respect to such issue, poses of this section, the term ‘interest pay- IV of subchapter A of chapter 1 the following the issuer shall redeem all of the non- ment date’ means any date on which the new subpart: qualified bonds within 90 days after the end holder of record of the school infrastructure ‘‘Subpart J—School Infrastructure Bonds of such period. For purposes of this para- bond is entitled to a payment of interest ‘‘Sec. 54BB. School infrastructure bonds. graph, the amount of the nonqualified bonds under such bond. ‘‘SEC. 54BB. SCHOOL INFRASTRUCTURE BONDS. required to be redeemed shall be determined ‘‘(i) SPECIAL RULES.— ‘‘(a) IN GENERAL.—If a taxpayer holds a in the same manner as under section 142. ‘‘(1) INTEREST ON SCHOOL INFRASTRUCTURE school infrastructure bond on one or more ‘‘(e) LIMITATION ON AMOUNT OF BONDS DES- BONDS INCLUDIBLE IN GROSS INCOME FOR FED- interest payment dates of the bond during IGNATED.—The maximum aggregate face ERAL INCOME TAX PURPOSES.—For purposes of any taxable year, there shall be allowed as a amount of bonds issued during any calendar this title, interest on any school infrastruc- credit against the tax imposed by this chap- year which may be designated under sub- ture bond shall be includible in gross income. ter for the taxable year an amount equal to section (d)(1)(D) by any issuer shall not ex- ‘‘(2) APPLICATION OF CERTAIN RULES.—Rules the sum of the credits determined under sub- ceed the limitation amount allocated under similar to the rules of subsections (f), (g), section (b) with respect to such dates. subsection (g) for such calendar year to such (h), and (i) of section 54A shall apply for pur- ‘‘(b) AMOUNT OF CREDIT.—The amount of issuer. poses of the credit allowed under subsection the credit determined under this subsection ‘‘(f) NATIONAL LIMITATION ON AMOUNT OF (a).’’. BONDS DESIGNATED.—The national qualified with respect to any interest payment date (b) CREDIT ALLOWED TO ISSUER.—Section for a school infrastructure bond is 100 per- school infrastructure bond limitation for 6431(f)(3)(A) of such Code, as revived by sec- each calendar year is— cent of the amount of interest payable by tion 201(b)(1), is amended by striking ‘‘means ‘‘(1) $10,000,000,000 for 2022, the issuer with respect to such date. any qualified tax credit bond’’ and all that ‘‘(2) $10,000,000,000 for 2023, and ‘‘(c) LIMITATION BASED ON AMOUNT OF follows through the end of subparagraph (A) ‘‘(3) $10,000,000,000 for 2024. TAX.— and inserting ‘‘means any bond if— ‘‘(g) ALLOCATION OF LIMITATION.— ‘‘(1) IN GENERAL.—The credit allowed under ‘‘(A) such bond is— ‘‘(1) ALLOCATIONS.— subsection (a) for any taxable year shall not ‘‘(i) qualified tax credit bond which is a ‘‘(A) STATES.—After application of sub- exceed the excess of— qualified zone academy bond (as defined in ‘‘(A) the sum of the regular tax liability of paragraph (B) and paragraph (3)(A), the limi- tation applicable under subsection (f) for a section 54E) determined without regard to the taxpayer (as defined in section 26(b)) plus any allocation relating to the national zone the tax imposed by section 55, over calendar year shall be allocated by the Sec- retary among the States in proportion to the academy bond limitation for years after 2010 ‘‘(B) the sum of the credits allowable under or any carryforward of any such allocation, this part (other than subpart C and this sub- respective amounts received by all local edu- cational agencies in each State under part A or part). ‘‘(ii) any school infrastructure bond (as de- ‘‘(2) CARRYOVER OF UNUSED CREDIT.—If the of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) fined in section 54BB), and’’. credit allowable under subsection (a) exceeds (c) APPLICATION OF CERTAIN LABOR STAND- the limitation imposed by paragraph (1) for for the previous fiscal year relative to the total such amount received by all local edu- ARDS.—Subchapter IV of chapter 31 of the such taxable year, such excess shall be car- title 40, United States Code, shall apply to ried to the succeeding taxable year and cational agencies for the most recent fiscal year ending before such calendar year. projects financed with the proceeds of any added to the credit allowable under sub- qualified zone academy bond (as defined in section (a) for such taxable year (determined ‘‘(B) CERTAIN POSSESSIONS.—One-half of 1 percent of the amount of the limitation ap- section 54E of the Internal Revenue Code of before the application of paragraph (1) for 1986) issued after the date of the enactment such succeeding taxable year). plicable under subsection (f) for a calendar of this Act. ‘‘(d) SCHOOL INFRASTRUCTURE BOND.— year shall be allocated by the Secretary to (d) CONFORMING AMENDMENTS.— ‘‘(1) IN GENERAL.—For purposes of this sec- possessions of the United States other than (1) Section 6401(b)(1) of the Internal Rev- tion, the term ‘school infrastructure bond’ Puerto Rico for such calendar year. enue Code of 1986, as amended by section means any bond issued as part of an issue ‘‘(2) ALLOCATIONS TO SCHOOLS.—The limita- if— tion amount allocated to a State or posses- 72111(a), is amended by striking ‘‘and I’’ and ‘‘(A) 100 percent of the available project sion under paragraph (1) shall be allocated inserting ‘‘I, and J’’. proceeds of such issue are to be used for the by the State educational agency (or such (2) The table of subparts for part IV of sub- purposes described in section 72101 of the Re- other agency as is authorized under State chapter A of chapter 1 of such Code, as open and Rebuild America’s Schools Act of law to make such allocation) to issuers with- amended by section 72111(a), is amended by 2021, in such State or possession in accordance adding at the end the following: ‘‘(B) the interest on such obligation would with the priorities described in subsections ‘‘SUBPART J—SCHOOL INFRASTRUCTURE (but for this section) be excludable from (c) and (d) of section 72103 the of the Reopen BONDS’’. gross income under section 103, and Rebuild America’s Schools Act of 2021 (e) EFFECTIVE DATE.—The amendments ‘‘(C) the issue meets the requirements of and the eligibility requirements described in made by this section shall apply to obliga- paragraph (3), and section 72103(b) of such Act, except that tions issued after December 31, 2022. ‘‘(D) the issuer designates such bond for paragraph (1)(C) of such section shall not SEC. 72113. ANNUAL REPORT ON BOND PRO- purposes of this section. apply to the determination of eligibility for GRAM. ‘‘(2) APPLICABLE RULES.—For purposes of such allocation. (a) IN GENERAL.—Not later than September applying paragraph (1)— ‘‘(3) ALLOCATIONS FOR INDIAN SCHOOLS.— 30 of each fiscal year beginning after the ‘‘(A) for purposes of section 149(b), a school ‘‘(A) IN GENERAL.—One-half of 1 percent of date of the enactment of this Act, the Sec- infrastructure bond shall not be treated as the amount of the limitation applicable retary of the Treasury shall submit to the federally guaranteed by reason of the credit under subsection (f) for any calendar year appropriate congressional committees a re- allowed under section 6431(a), shall be allocated by the Secretary to the port on the amendments made by sections ‘‘(B) for purposes of section 148, the yield Secretary of the Interior for schools funded 72111 and 72112. on a school infrastructure bond shall be de- by the Bureau of Indian Affairs for such cal- (b) ELEMENTS.—The report under para- termined without regard to the credit al- endar year. graph (1) shall include, with respect to the lowed under subsection (a), and ‘‘(B) ALLOCATION TO SCHOOLS.—The limita- fiscal year preceding the year in which the ‘‘(C) a bond shall not be treated as a school tion amount allocated to the Secretary of report is submitted, the following: infrastructure bond if the issue price has the Interior under paragraph (1) shall be al- (1) An identification of— more than a de minimis amount (determined located by such Secretary to issuers or (A) each local educational agency (if any) under rules similar to the rules of section schools funded as described in paragraph (2). that received an allocation under section 1273(a)(3)) of premium over the stated prin- In the case of amounts allocated under the 54E(b)(2) or 54BB(g) of the Internal Revenue cipal amount of the bond. preceding sentence, Indian tribal govern- Code of 1986, and ‘‘(3) 6-YEAR EXPENDITURE PERIOD.— ments shall be treated as qualified issuers (B) each local educational agency (if any) ‘‘(A) IN GENERAL.—An issue shall be treated for purposes of this subchapter. that was eligible to receive such funds but as meeting the requirements of this para- ‘‘(4) DIGITAL LEARNING.—Up to 10 percent of did not receive such funds. graph if, as of the date of issuance, the issuer the limitation amount allocated under para- (2) With respect to each local educational reasonably expects 100 percent of the avail- graph (1) or (3)(A) may be allocated by the agency described in paragraph (1)— able project proceeds to be spent for purposes State to issuers within such State (in the (A) an assessment of the capacity of the described in section 72101 of the Reopen and case of an amount allocated under paragraph agency to raise funds for the long-term im- Rebuild America’s Schools Act of 2021 within (1)) or by the Secretary of the Interior to provement of public school facilities, as de- the 6-year period beginning on such date of issuers or schools funded by the Bureau of termined by an assessment of— issuance. Indian Affairs (in the case of an amount allo- (i) the current and historic ability of the ‘‘(B) FAILURE TO SPEND REQUIRED AMOUNT cated under paragraph (3)(A)) to carry out agency to raise funds for construction, ren- OF BOND PROCEEDS WITHIN 6 YEARS.—To the activities to improve digital learning in ac- ovation, modernization, and major repair

VerDate Sep 11 2014 03:44 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00067 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.044 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5596 CONGRESSIONAL RECORD — SENATE August 2, 2021 projects for schools, including the ability of premises by utilizing design elements, prin- SEC. 72213. REQUIREMENTS FOR HAZARD-RESIST- the agency to raise funds through imposition ciples, and technology that— ANCE AND ENERGY AND WATER of property taxes, (A) guarantee layers of security through- CONSERVATION. (ii) whether the agency has been able to out the school premises; and A local educational agency that receives covered funds shall ensure that any new con- issue bonds to fund construction projects, in- (B) uphold the aesthetics of the school struction, modernization, or renovation cluding— premises as a learning and teaching environ- project carried out with such funds meets or (I) qualified zone academy bonds under sec- ment; exceeds the requirements of the following: tion 54E of the Internal Revenue Code of (11) improve energy and water efficiency to (1) Requirements for such projects set 1986, and lower the costs of energy and water con- forth in the most recent published edition of (II) school infrastructure bonds under sec- sumption in public school facilities; a nationally recognized, consensus-based tion 54BB of the Internal Revenue Code of (12) improve indoor air quality in public model building code. 1986, and school facilities; (2) Requirements for such projects set (iii) the bond rating of the agency, (13) reduce or eliminate the presence of— forth in the most recent published edition of (B) the demographic composition of the (A) toxic substances, including mercury, a nationally recognized, consensus-based student population served by the agency, radon, PCBs, lead, and asbestos; model energy conservation code. disaggregated by— (B) mold and mildew; or (3) Performance criteria under the (i) race, (C) rodents and pests; WaterSense program, established under sec- (ii) the number and percentage of students (14) ensure the safety of drinking water at tion 324B of the of the Energy Policy and counted under section 1124(c) of the Elemen- the tap and water used for meal preparation Conservation Act (42 U.S.C. 6294b), applicable tary and Secondary Education Act of 1965 (20 in public school facilities, which may include to such projects within a nationally recog- U.S.C. 6333(c)), and testing of the potability of water at the tap nized, consensus-based model code. (iii) the number and percentage of students for the presence of lead and other contami- (4) Indoor environmental air quality re- who are eligible for a free or reduced price nants; quirements applicable to such projects as set lunch under the Richard B. Russell National (15) bring public school facilities into com- forth in the most recent published edition of School Lunch Act (42 U.S.C. 1751 et seq.), pliance with applicable fire, health, and safe- a nationally recognized, consensus-based (C) the population density of the geo- ty codes; standard. graphic area served by the agency, (16) make public school facilities accessible SEC. 72214. GREEN PRACTICES. (D) a description of the projects carried out to people with disabilities through compli- (a) IN GENERAL.—In a given fiscal year, a with funds received from school infrastruc- ance with the Americans with Disabilities local educational agency that uses covered ture bonds, Act of 1990 (42 U.S.C. 12101 et seq.) and sec- funds for a new construction project or ren- (E) a description of the demonstrable or ex- tion 504 of the Rehabilitation Act of 1973 (29 ovation project shall use not less than the pected benefits of the projects, and U.S.C. 794); applicable percentage (as described in sub- (F) the estimated number of jobs created (17) provide instructional program space section (b)) of the funds used for such project by the projects. improvements for programs relating to early for construction or renovation that is cer- (3) The total dollar amount of all funds re- learning (including early learning programs tified, verified, or consistent with the appli- ceived by local educational agencies from operated by partners of the agency), special cable provisions of— school infrastructure bonds. education, science, technology, career and (1) the United States Green Building Coun- (4) Any other factors that the Secretary of technical education, physical education, cil Leadership in Energy and Environmental the Treasury determines to be appropriate. music, the arts, and literacy (including li- Design green building rating standard (com- (c) INFORMATION COLLECTION.—A State or monly known as the ‘‘LEED Green Building local educational agency that receives an al- brary programs); (18) increase the use of public school facili- Rating System’’); location under section 54E(b)(2) or 54BB(g) of (2) the Living Building Challenge devel- ties for the purpose of community-based the Internal Revenue Code of 1986 shall— oped by the International Living Future In- partnerships that provide students with aca- (1) annually compile the information nec- stitute; demic, health, and social services; essary for the Secretary of the Treasury to (3) a green building rating program devel- (19) ensure the health of students and staff determine the elements described in sub- oped by the Collaborative for High-Perform- during the construction or modernization of section (b), and ance Schools (commonly known as ‘‘CHPS’’) public school facilities; or (2) report the information to the Secretary that is CHPS-verified; or (20) reduce or eliminate excessive class- of the Treasury at such time and in such (4) a program that— room noise due to activities allowable under manner as the Secretary of the Treasury (A) has standards that are equivalent to or this section. may require. more stringent than the standards of a pro- (d) SECRETARY OF THE TREASURY.—For pur- (b) ALLOWANCE FOR DIGITAL LEARNING.—A gram described in paragraphs (1) through (3); poses of this section, the term ‘‘Secretary of local educational agency may use covered (B) is adopted by the State or another ju- the Treasury’’ includes the Secretary’s dele- funds to leverage existing public programs or risdiction with authority over the agency; gate. public-private partnerships to expand access and Subtitle C—Uses of Funds to high-speed broadband sufficient for digital (C) includes a verifiable method to dem- onstrate compliance with such program. SEC. 72211. ALLOWABLE USES OF FUNDS. learning. (b) APPLICABLE PERCENTAGE.—The applica- (a) IN GENERAL.—Except as provided in sec- ble percentage described in this subsection tion 72212, a local educational agency that SEC. 72212. PROHIBITED USES. is— receives covered funds may use such funds (a) IN GENERAL.—A local educational agen- (1) for fiscal year 2022, 60 percent; to— cy that receives covered funds may not use (2) for fiscal year 2023, 70 percent; (1) develop the facilities master plan re- such funds for— (3) for fiscal year 2024; 80 percent; quired under section 72213(f); (1) payment of routine and predictable (4) for fiscal year 2025, 90 percent; and (2) construct, modernize, renovate, or ret- maintenance costs and minor repairs; (5) for each of fiscal years 2026 through rofit public school facilities, which may in- (2) any facility that is primarily used for 2031, 100 percent. clude seismic retrofitting for schools vulner- athletic contests or exhibitions or other SEC. 72215. USE OF AMERICAN IRON, STEEL, AND able to seismic natural disasters; events for which admission is charged to the MANUFACTURED PRODUCTS. (3) carry out major repairs of public school general public; (a) IN GENERAL.—A local educational agen- facilities; (3) vehicles; or cy that receives covered funds shall ensure (4) install furniture or fixtures with at (4) central offices, operation centers, or that any iron, steel, and manufactured prod- least a 10-year life in public school facilities; other facilities that are not primarily used ucts used in projects carried out with such (5) construct new public school facilities; to educate students. funds are produced in the United States. (6) acquire and prepare sites on which new (b) WAIVER AUTHORITY.— public school facilities will be constructed; (b) ADDITIONAL PROHIBITIONS RELATING TO (1) IN GENERAL.—The Secretary may waive (7) extend the life of basic systems and CHARTER SCHOOLS.—No covered funds may be the requirement of subsection (a) if the Sec- components of public school facilities; used— retary determines that— (8) ensure current or anticipated enroll- (1) for the facilities of a public charter (A) applying subsection (a) would be incon- ment does not exceed the physical and in- school that is operated by a for-profit entity; sistent with the public interest; structional capacity of public school facili- or (B) iron, steel, and manufactured products ties; (2) for the facilities of a public charter produced in the United States are not pro- (9) ensure the building envelopes and inte- school if— duced in a sufficient and reasonably avail- riors of public school facilities protect occu- (A) the school leases the facilities from an able amount or are not of a satisfactory pants from natural elements and human individual or private sector entity; and quality; or threats, and are structurally sound and se- (B) such individual, or an individual with a (C) using iron, steel, and manufactured cure; direct or indirect financial interest in such products produced in the United States will (10) compose building design plans that entity, has a management or governance role increase the cost of the overall project by strengthen the safety and security on school in such school. more than 25 percent.

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(2) PUBLICATION.—Before issuing a waiver (A) race; (1) identify the data that States should col- under paragraph (1), the Secretary shall pub- (B) the number and percentage of students lect and include in the databases developed lish in the Federal Register a detailed writ- counted under section 1124(c) of the Elemen- under section 72312(a)(2)(A)(ii); ten explanation of the waiver determination. tary and Secondary Education Act of 1965 (20 (2) develop standards for the measurement (c) CONSISTENCY WITH INTERNATIONAL U.S.C. 6333(c)); and of such data; and AGREEMENTS.—This section shall be applied (C) the number and percentage of students (3) issue guidance to States concerning the in a manner consistent with the obligations who are eligible for a free or reduced price collection and measurement of such data. of the United States under international lunch under the Richard B. Russell National (b) OFFICIALS.—The officials described in agreements. School Lunch Act (42 U.S.C. 1751 et seq.); this subsection are— (d) DEFINITIONS.—In this section: (5) an assessment of the impact of the (1) the Administrator of the Environ- (1) PRODUCED IN THE UNITED STATES.—The projects on the health and safety of school mental Protection Agency; term ‘‘produced in the United States’’ means staff and students; and (2) the Secretary of Energy; the following: (6) how the Secretary or States could make (3) the Director of the Centers for Disease (A) When used with respect to a manufac- covered funds more accessible— Control and Prevention; and tured product, the product was manufac- (A) to schools with the highest numbers (4) the Director of the National Institute tured in the United States and the cost of and percentages of students counted under for Occupational Safety and Health. the components of such product that were section 1124(c) of the Elementary and Sec- SEC. 72314. INFORMATION CLEARINGHOUSE. mined, produced, or manufactured in the ondary Education Act of 1965 (20 U.S.C. (a) IN GENERAL.—Not later than 120 days United States exceeds 60 percent of the total 6333(c)); and after the date of the enactment of this Act, cost of all components of the product. (B) to schools with fiscal challenges in the Secretary shall establish a clearinghouse (B) When used with respect to iron or steel raising capital for school infrastructure to disseminate information on Federal pro- products, or an individual component of a projects. grams and financing mechanisms that may manufactured product, all manufacturing (c) UPDATES.—The Comptroller General be used to assist schools in initiating, devel- processes for such iron or steel products or shall update and resubmit the report to the oping, and financing— components, from the initial melting stage appropriate congressional committees— (1) energy efficiency projects; through the application of coatings, occurred (1) on a date that is between 5 and 6 years (2) distributed generation projects; and in the United States, except that the term after the date of the enactment of this Act; (3) energy retrofitting projects. does not include— and (b) ELEMENTS.—In carrying out subsection (i) steel or iron material or products manu- (2) on a date that is between 10 and 11 years (a), the Secretary shall— factured abroad from semi-finished steel or after such date of enactment. (1) consult with the officials described in iron from the United States; and SEC. 72312. STUDY AND REPORT ON PHYSICAL section 72313(b) to develop a list of Federal (ii) steel or iron material or products man- CONDITION OF PUBLIC SCHOOLS. programs and financing mechanisms to be ufactured in the United States from semi- (a) STUDY AND REPORT.—Not less fre- included in the clearinghouse; and finished steel or iron of foreign origin. quently than once in each 5-year period be- (2) coordinate with such officials to de- (2) MANUFACTURED PRODUCT.—The term ginning after the date of the enactment of velop a collaborative education and outreach ‘‘manufactured product’’ means any con- this Act, the Secretary, acting through the effort to streamline communications and struction material or end product (as such Director of the Institute of Education promote the Federal programs and financing terms are defined in part 25.003 of the Fed- Sciences, shall— mechanisms included in the clearinghouse, eral Acquisition Regulation) that is not an (1) carry out a comprehensive study of the which may include the development and iron or steel product, including— physical conditions of all public schools in maintenance of a single online resource that (A) electrical components; and each State and outlying area; and includes contact information for relevant (B) non-ferrous building materials, includ- (2) submit a report to the appropriate con- technical assistance that may be used by ing, aluminum and polyvinylchloride (PVC), gressional committees that includes the re- States, outlying areas, local educational glass, fiber optics, plastic, wood, masonry, sults of the study. agencies, and Bureau-funded schools effec- rubber, manufactured stone, any other non- (b) ELEMENTS.—Each study and report ferrous metals, and any unmanufactured under subsection (a) shall include— tively access and use such Federal programs construction material. (1) an assessment of— and financing mechanisms. Subtitle D—Reports and Other Matters (A) the effect of school facility conditions Subtitle E—Impact Aid Construction SEC. 72311. COMPTROLLER GENERAL REPORT. on student and staff health and safety; SEC. 72411. TEMPORARY INCREASE IN FUNDING FOR IMPACT AID CONSTRUCTION. (a) IN GENERAL.—Not later than 2 years (B) the effect of school facility conditions after the date of the enactment of this Act, on student academic outcomes; Section 7014(d) of the Elementary and Sec- the Comptroller General of the United States (C) the condition of school facilities, set ondary Education Act of 1965 (20 U.S.C. shall submit to the appropriate congres- forth separately by geographic region; 7714(d)) is amended to read as follows: sional committees a report on the projects (D) the condition of school facilities for ‘‘(d) CONSTRUCTION.—For the purpose of carried out with covered funds. economically disadvantaged students as well carrying out section 7007, there are author- (b) ELEMENTS.—The report under sub- as students from major racial and ethnic ized to be appropriated, and there are appro- section (a) shall include an assessment of— subgroups; priated, $100,000,000 for each of fiscal years (1) State activities, including— (E) the accessibility of school facilities for 2022 through 2026.’’. (A) the types of public school facilities students and staff with disabilities; Subtitle F—Assistance for Repair of School data collected by each State, if any; (F) the prevalence of school facilities at Foundations Affected by Pyrrhotite (B) technical assistance with respect to which student enrollment exceeds the phys- SEC. 72511. ALLOCATIONS TO STATES. public school facilities provided by each ical and instructional capacity of the facil- (a) IN GENERAL.—Beginning not later than State, if any; ity and the effect of such excess enrollment 180 days after the date of the enactment of (C) future plans of each State with respect on instructional quality and delivery of this Act, the Secretary shall carry out a pro- to public school facilities; school wraparound services; gram under which the Secretary makes allo- (D) criteria used by each State to deter- (G) the condition of school facilities af- cations to States to pay the Federal share of mine high-need students and facilities for fected by natural disasters; the costs of making grants to local edu- purposes of the projects carried out with cov- (H) the effect that projects carried out cational agencies under section 72512. ered funds; and with covered funds have on the communities (b) WEBSITE.—Not later than 180 days after (E) whether the State issued new regula- in which such projects are conducted, includ- the date of enactment of this Act, the Sec- tions to ensure the health and safety of stu- ing the vitality, jobs, population, and econ- retary shall publish, on a publicly accessible dents and staff during construction or ren- omy of such communities; and website of the Department of Education, in- ovation projects or to ensure safe, healthy, (I) the ability of building envelopes and in- structions describing how a State may re- and high-performing school buildings; teriors of public school facilities to protect ceive an allocation under this section. (2) the types of projects carried out with occupants from natural elements and human SEC. 72512. GRANTS TO LOCAL EDUCATIONAL covered funds, including— threats; AGENCIES. (A) the square footage of the improvements (2) an explanation of any differences ob- (a) IN GENERAL.—From the amounts allo- made with covered funds; served with respect to the factors described cated to a State under section 72511(a) and (B) the total cost of each such project; and in subparagraphs (A) through (I) of para- contributed by the State under subsection (C) the cost described in subparagraph (B), graph (1); and (e)(2), the State shall award grants to local disaggregated by, with respect to such (3) a cost estimate for bringing school fa- educational agencies— project, the cost of planning, design, con- cilities to a state of good repair, as deter- (1) to pay the future costs of repairing con- struction, site purchase, and improvements; mined by the Secretary. crete school foundations damaged by the (3) the geographic distribution of the SEC. 72313. DEVELOPMENT OF DATA STANDARDS. presence of pyrrhotite; or projects; (a) DATA STANDARDS.—Not later than 120 (2) to reimburse such agencies for costs in- (4) the demographic composition of the days after the date of the enactment of this curred by the agencies in making such re- student population served by the projects, Act, the Secretary, in consultation with the pairs in the five-year period preceding the disaggregated by— officials described in subsection (b), shall— date of enactment of this Act.

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(b) LOCAL EDUCATIONAL AGENCY ELIGI- (ii) deny such application, in the case of an (B) Pyrrhotite is present in the school’s BILITY.— application that does not meet such require- concrete foundation, as demonstrated by a (1) ELIGIBILITY FOR GRANTS FOR FUTURE RE- ments. petrographic or other type of laboratory core PAIRS.—To be eligible to receive a grant (2) DISBURSEMENT.— analysis or core inspection. under subsection (a)(1), a local educational (A) ALLOCATION.—The Secretary shall dis- (C) A visual inspection of the school’s con- agency shall— burse an allocation to a State not later than crete foundation indicates that the presence (A) with respect to each school for which 60 days after the date on which the Secretary of pyrrhotite is causing the foundation to de- the agency seeks to use grant funds, dem- approves an application under paragraph teriorate at an unsafe rate. onstrate to the State that— (1)(B). (D) A qualified engineer determined that (i) the school is a pyrrhotite-affected (B) GRANT.—The State shall disburse grant the deterioration of the school’s foundation, school; and funds to a local educational agency not later due to the presence of pyrrhotite— (ii) any laboratory tests, core tests, and than 60 days after the date on which the (i) caused the school to become struc- visual inspections of the school’s foundation State receives an allocation under subpara- turally unsound; or used to determine that the school is a graph (A). (ii) will result in the school becoming pyrrhotite-affected school were conducted— (e) FEDERAL AND STATE SHARE.— structurally unsound within the next five (I) by a professional engineer licensed in (1) FEDERAL SHARE.—The Federal share of years. the State in which the school is located; and each grant under this section shall be an (2) QUALIFIED CONTRACTOR.—The term (II) in accordance with applicable State amount that is not more than 50 percent of ‘‘qualified contractor’’ means a contractor standards or standards approved by any inde- the total cost of the project for which the who is qualified under State law, or approved pendent, nonprofit, or private entity author- grant is awarded. by any State agency or other State-sanc- ized by the State to oversee construction, (2) STATE SHARE.— tioned independent or nonprofit entity, to testing, or financial relief efforts for dam- (A) IN GENERAL.—Subject to subparagraph repair or replace residential or commercial aged building foundations; and (B), the State share of each grant under this building foundations that are deteriorating (B) provide an assurance that— section shall be an amount that is not less due to the presence of pyrrhotite. (i) the local educational agency will use than 40 percent of the total cost of the SEC. 72514. AUTHORIZATION OF APPROPRIA- the grant only for the allowable uses de- project for which the grant is awarded, TIONS. scribed in subsection (f)(1); and which the State shall contribute from non- There are authorized to be appropriated to (ii) all work funded with the grant will be Federal sources. carry out this subtitle such sums as may be conducted by a qualified contractor or archi- (B) SPECIAL RULE FOR REIMBURSEMENT necessary for fiscal year 2022 and each fiscal tect licensed in the State. GRANTS.—In the case of a reimbursement year thereafter. (2) ELIGIBILITY FOR REIMBURSEMENT grant made to a local educational agency GRANTS.—To be eligible to receive a grant --- under subsection (a)(2), a State shall be SA 2171. Mr. SCHUMER (for himself under subsection (a)(2), a local educational treated as meeting the requirement of sub- agency shall demonstrate that it met the re- and Mrs. GILLIBRAND) submitted an paragraph (A) if the State demonstrates that amendment intended to be proposed to quirements of paragraph (1) at the time it it contributed, from non-Federal sources, not carried out the project for which the agency less than 40 percent of the total cost of the amendment SA 2137 proposed by Mr. seeks reimbursement. project for which the reimbursement grant is SCHUMER (for Ms. SINEMA (for herself, (c) APPLICATION.— awarded. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (1) IN GENERAL.—A local educational agen- cy that seeks a grant under this section shall (f) USES OF FUNDS.— SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. submit to the State an application at such (1) ALLOWABLE USES OF FUNDS.—A local TESTER, Ms. MURKOWSKI, Mr. WARNER, time, in such manner, and containing such educational agency that receives a grant and Mr. ROMNEY)) to the bill H.R. 3684, information as the State may require, which under this section shall use such grant only to authorize funds for Federal-aid high- upon approval by the State under subsection for costs associated with— ways, highway safety programs, and (A) the repair or replacement of the con- (d)(1)(A), the State shall submit to the Sec- transit programs, and for other pur- retary for approval under subsection crete foundation or other affected areas of a pyrrhotite-affected school in the jurisdiction poses; which was ordered to lie on the (d)(1)(B). table; as follows: (2) CONTENTS.—At minimum, each applica- of such agency to the extent necessary— tion shall include— (i) to restore the structural integrity of At the appropriate place in division B, in- (A) information and documentation suffi- the school to the safety and health standards sert the following: cient to enable the State to determine if the established by the professional licensed engi- SEC. llll. LIMOUSINE COMPLIANCE WITH local educational agency meets the eligi- neer or architect associated with the project; FEDERAL SAFETY STANDARDS. bility criteria under subsection (b); and (a) LIMOUSINE STANDARDS.— (B) in the case of an agency seeking a (ii) to restore the school to the condition it (1) SAFETY BELT AND SEATING SYSTEM grant under subsection (a)(1), an estimate of was in before the school’s foundation was STANDARDS FOR LIMOUSINES.—Not later than the costs of carrying out the activities de- damaged due to the presence of pyrrhotite; 2 years after the date of enactment of this scribed in subsection (f); and Act, the Secretary shall prescribe a final (C) in the case of an agency seeking a (B) engineering reports, architectural de- rule that— grant under subsection (a)(2)— sign, core tests, and other activities directly (A) amends Federal Motor Vehicle Safety (i) an itemized explanation of— related to the repair or replacement project. Standard Numbers 208, 209, and 210 to require (I) the costs incurred by the agency in car- (2) PROHIBITED USES OF FUNDS.—A local to be installed in limousines on each des- rying out any activities described subsection educational agency that receives a grant ignated seating position, including on side- (f); and under this section may not use the grant for facing seats— (II) any amounts contributed from other any costs associated with— (i) an occupant restraint system consisting Federal, State, local, or private sources for (A) work done to outbuildings, sheds, or of integrated lap-shoulder belts; or such activities; and barns, swimming pools (whether in-ground or (ii) an occupant restraint system con- (ii) the amount for which the local edu- above-ground), playgrounds or ballfields, or sisting of a lap belt, if an occupant restraint cational agency seeks reimbursement; and any ponds or water features; system described in clause (i) does not meet (D) the percentage of any costs described (B) the purchase of items not directly asso- the need for motor vehicle safety; and in subparagraph (B) or (C) that are covered ciated with the repair or replacement of the (B) amends Federal Motor Vehicle Safety by an insurance policy. school building or its systems, including Standard Number 207 to require limousines (d) APPROVAL AND DISBURSEMENT.— items such as desks, chairs, electronics, to meet standards for seats (including side- (1) APPROVAL.— sports equipment, or other school supplies; facing seats), seat attachment assemblies, (A) STATE.—The State shall approve the or and seat installation to minimize the possi- application of each local educational agency (C) any other activities not described in bility of failure by forces acting on the seats, for submission to the Secretary that— paragraph (1). attachment assemblies, and installations as (i) submits a complete and correct applica- (g) LIMITATION.—A local educational agen- a result of motor vehicle impact. tion under subsection (c); and cy may not, for the same project, receive a (2) REPORT ON RETROFIT ASSESSMENT FOR (ii) meets the criteria for eligibility under grant under both— LIMOUSINES.—Not later than 2 years after the subsection (b). (1) this section; and date of enactment of this Act, the Secretary (B) SECRETARY.—Not later than 60 days (2) subtitle A. shall submit to the Committee on Com- after receiving an application of a local edu- SEC. 72513. DEFINITIONS. merce, Science, and Transportation of the cational agency submitted by a State under In this subtitle: Senate and the Committee on Energy and subsection (c)(1), the Secretary shall— (1) PYRRHOTITE-AFFECTED SCHOOL.—The Commerce of the House of Representatives a (i) approve such application, in a case in term ‘‘pyrrhotite-affected school’’ means an report that assesses the feasibility, benefits, which the Secretary determines that such elementary school or a secondary school and costs with respect to the application of application meets the requirements of sub- that meets the following criteria: any requirement established under para- paragraph (A); or (A) The school has a concrete foundation. graph (1) to a limousine introduced into

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(d) TRANSPORTATION PROJECTS RELATING TO self, Mr. BURR, and Mr. PADILLA) sub- (b) SAFETY REGULATION OF LIMOUSINES.— OLYMPIC, PARALYMPIC, AND SPECIAL OLYM- mitted an amendment intended to be (1) IN GENERAL.—Section 30102(a)(6) of title PICS EVENTS.— proposed to amendment SA 2137 pro- 49, United States Code, is amended— (1) IN GENERAL.—The Secretary may pro- (A) in subparagraph (A), by striking ‘‘or’’ vide assistance, including planning, capital, posed by Mr. SCHUMER (for Ms. SINEMA at the end; and operating assistance, to a State or unit (for herself, Mr. PORTMAN, Mr. (B) in subparagraph (B), by striking the pe- of local government in carrying out trans- MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, riod at the end and inserting ‘‘; or’’; and portation projects relating to an inter- Ms. COLLINS, Mr. TESTER, Ms. MUR- (C) by adding at the end the following: national Olympic, Paralympic, or Special KOWSKI, Mr. WARNER, and Mr. ROMNEY)) ‘‘(C) modifying a passenger motor vehicle Olympics event. to the bill H.R. 3684, to authorize funds (as defined in section 32101) that has already (2) USE OF FUNDS.—Notwithstanding any been purchased by the first purchaser (as de- for Federal-aid highways, highway other provision of law, any funding provided safety programs, and transit programs, fined in subsection (b)(1)) by increasing the in accordance with this section may be used wheelbase of the passenger motor vehicle so for any temporary facility, equipment, oper- and for other purposes; which was or- that the passenger motor vehicle has in- ations, and maintenance that meets the ex- dered to lie on the table; as follows: creased seating capacity.’’. traordinary needs associated with hosting an On page 2427, between lines 10 and 11, insert (2) EFFECTIVE DATE.—The amendments international Olympic, Paralympic, or Spe- the following: made by paragraph (1) shall apply beginning cial Olympics event. on the date that is 1 year after the date of (e) FUNDING.— SEC. 80505. EXCLUSION OF AMOUNTS RECEIVED enactment of this Act. (1) IN GENERAL.—The Secretary shall carry FROM STATE-BASED CATASTROPHE LOSS MITIGATION PROGRAMS. SA 2172. Mr. PADILLA (for himself out this section using amounts otherwise available to the Secretary to carry out titles (a) IN GENERAL.—Section 139 of the Inter- and Mrs. FEINSTEIN) submitted an 23 and 49, United States Code. nal Revenue Code of 1986 is amended by re- amendment intended to be proposed to (2) SUPPLEMENT, NOT SUPPLANT.—Any designating subsection (h) as subsection (i) amendment SA 2137 proposed by Mr. amounts provided to a State or unit of local and by inserting after subsection (g) the fol- SCHUMER (for Ms. SINEMA (for herself, government in accordance with this section lowing new subsection: Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- shall be in addition to any Federal funds oth- ‘‘(h) STATE-BASED CATASTROPHE LOSS MITI- erwise available to the State or unit of local SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. GATION PROGRAMS.— government for the transportation project. TESTER, Ms. MURKOWSKI, Mr. WARNER, ‘‘(1) IN GENERAL.—Gross income shall not and Mr. ROMNEY)) to the bill H.R. 3684, include any amount received by an indi- to authorize funds for Federal-aid high- SA 2173. Mr. PADILLA (for himself vidual as a qualified catastrophe mitigation ways, highway safety programs, and and Mr. CORNYN) submitted an amend- payment under a program established by— transit programs, and for other pur- ment intended to be proposed to ‘‘(A) a State, poses; which was ordered to lie on the amendment SA 2137 proposed by Mr. ‘‘(B) a political subdivision or instrumen- table; as follows: SCHUMER (for Ms. SINEMA (for herself, tality thereof, ‘‘(C) a joint powers authority, or At the end of subtitle E of title I of divi- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ‘‘(D) an entity created by State law which sion A, insert the following: SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. is exempt from taxation under section 501(a) SEC. 115ll. TRANSPORTATION ASSISTANCE FOR TESTER, Ms. MURKOWSKI, Mr. WARNER, and is overseen by a State agency or State OLYMPIC, PARALYMPIC, AND SPE- and Mr. ROMNEY)) to the bill H.R. 3684, department of insurance, CIAL OLYMPICS CITIES. to authorize funds for Federal-aid high- (a) PURPOSE.—The purpose of this section for the purpose of making such payments. is to prioritize and support State and local ways, highway safety programs, and ‘‘(2) QUALIFIED CATASTROPHE MITIGATION efforts on surface transportation issues nec- transit programs, and for other pur- PAYMENT.—For purposes of this section, the essary to obtain the national recognition poses; which was ordered to lie on the term ‘qualified catastrophe mitigation pay- and economic benefits of participation in the table; as follows: ment’ means any amount which is received international Olympic, Paralympic, and Spe- by the owner of any property to make im- On page 493, strike lines 8 through 22 and cial Olympics movement by hosting inter- provements to such property for the sole insert the following: national Olympic, Paralympic, and Special purpose of reducing the damage that would Olympics events in the United States. (b) ELIGIBILITY.—Section 602(a) of title 23, be done to such property by a windstorm, (b) PRIORITY FOR TRANSPORTATION United States Code, is amended— earthquake, or wildfire. PROJECTS RELATING TO OLYMPIC, (1) by striking paragraph (1) and inserting ‘‘(3) NO INCREASE IN BASIS.—Rules similar PARALYMPIC, AND SPECIAL OLYMPICS the following: to the rules of subsection (g)(3) shall apply in EVENTS.— ‘‘(1) LETTER OF INTEREST.— the case of this subsection.’’. (1) IN GENERAL.—Notwithstanding any ‘‘(A) IN GENERAL.—A project shall be eligi- (b) CONFORMING AMENDMENTS.— other provision of law, in providing grants ble to receive credit assistance under the TIFIA program if— (1) Section 139(d) is amended by striking for transportation projects described in para- ‘‘and qualified’’ and inserting ‘‘, qualified ca- graph (2), the Secretary may give priority to ‘‘(i) the entity proposing to carry out the project submits a letter of interest prior to tastrophe mitigation payments, and quali- a transportation project relating to an inter- fied’’. national Olympic, Paralympic, or Special submission of a formal application for the project; and (2) Section 139(i) (as redesignated by sub- Olympics event. section (a)) is amended by striking ‘‘or quali- (2) GRANTS DESCRIBED.—A grant referred to ‘‘(ii) the project meets the criteria de- scribed in this subsection. fied’’ and inserting ‘‘, qualified catastrophe in paragraph (1) is a discretionary grant— mitigation payment, or qualified’’. (A) under title 23 or 49, United States Code, ‘‘(B) CERTAIN PROJECTS.—In the case of a beginning on the date of enactment of this project that outlines a proposed financial (c) EFFECTIVE DATE.—The amendments Act; or plan to repay the loan primarily with State made by this section shall apply to taxable (B) otherwise administered by the Sec- or local tax revenue, the review of the letter years beginning after December 31, 2021. retary for transportation projects. of interest shall be limited to a legal compli- (c) TRANSPORTATION PLANNING ACTIVI- ance check to ensure the project meets the TIES.—The Secretary shall take all reason- criteria described in this subsection, except SA 2175. Mrs. FEINSTEIN (for herself able efforts to provide assistance to an inter- to the extent that the Secretary determines and Mr. PADILLA) submitted an amend- national Olympic, Paralympic, or Special that the complexity of the project requires ment intended to be proposed to Olympics event, including— further review.’’; and amendment SA 2137 proposed by Mr. (1) by providing assistance for planning ac- (2) in paragraph (2)— SCHUMER (for Ms. SINEMA (for herself, tivities of States and metropolitan planning (A) in subparagraph (A)(iv)— Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- organizations under sections 134 and 135 of (i) by striking ‘‘a rating’’ and inserting ‘‘an SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. title 23, United States Code, for transpor- investment-grade rating’’; and tation projects relating to an international (ii) by striking ‘‘$75,000,000’’ and inserting TESTER, Ms. MURKOWSKI, Mr. WARNER, Olympic, Paralympic, or Special Olympics ‘‘$150,000,000’’; and and Mr. ROMNEY)) to the bill H.R. 3684, event; (B) in subparagraph (B)— to authorize funds for Federal-aid high- (2) by developing intermodal transpor- (i) by striking ‘‘the senior debt’’ and in- ways, highway safety programs, and tation plans in coordination with States and serting ‘‘senior debt’’; and transit programs, and for other pur- local transportation agencies; (ii) by striking ‘‘credit instrument is for an poses; which was ordered to lie on the (3) by expediting review and comment of amount less than $75,000,000’’ and inserting table; as follows: any required submissions to the Secretary ‘‘total amount of other senior debt and the relating to an international Olympic, Federal credit instrument is less than At the appropriate place in division H, in- Paralympic, or Special Olympics event; and $150,000,000’’. sert the following:

VerDate Sep 11 2014 03:44 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00071 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.038 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5600 CONGRESSIONAL RECORD — SENATE August 2, 2021 SEC. lll. MODIFICATIONS TO INCOME EXCLU- (ii) by striking ‘‘provided by public utili- tation facility that creates a barrier to com- SION FOR CONSERVATION SUB- ties’’. munity connectivity, including barriers to SIDIES. (c) EFFECTIVE DATE.—The amendments mobility, access, or economic development, (a) IN GENERAL.—Subsection (a) of section made by this section shall apply to amounts due to high speeds, grade separations, or 136 of the Internal Revenue Code of 1986 is received after December 31, 2021. other design factors. amended— (d) NO INFERENCE.—Nothing in this Act or (B) INCLUSIONS.—The term ‘‘eligible facil- (1) by striking ‘‘any subsidy provided’’ and the amendments made by this Act shall be ity’’ may include— inserting ‘‘any subsidy— construed to create any inference with re- (i) a limited access highway; ‘‘(1) provided’’, spect to the proper tax treatment of any sub- (ii) a railway; (2) by striking the period at the end and in- sidy received directly or indirectly from a (iii) a viaduct; serting a comma, and public utility, a storm water management (iv) a principal arterial facility; or (3) by adding at the end the following new provider, or a State or local government for (v) any other transportation facility for paragraphs: any water conservation measure or storm which the high speeds, grade separation, or ‘‘(2) provided (directly or indirectly) by a water management measure before January other design factors create an obstacle to public utility to a customer, or by a State or 1, 2022. connectivity. --- local government to a resident of such State (b) ESTABLISHMENT.— Mr. CARDIN (for himself, or locality, for the purchase or installation SA 2176. (1) IN GENERAL.—The Secretary shall estab- of any water conservation or efficiency Mr. PADILLA, and Mr. WARNOCK) sub- lish a reconnecting communities program measure, or mitted an amendment intended to be under which an eligible entity may apply for ‘‘(3) provided (directly or indirectly) by a proposed to amendment SA 2137 pro- funding, in order to identify, remove, re- storm water management provider to a cus- posed by Mr. SCHUMER (for Ms. SINEMA place, retrofit, mitigate, or remediate the ef- tomer, or by a State or local government to (for herself, Mr. PORTMAN, Mr. fects from eligible facilities and restore or a resident of such State or locality, for the MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, improve community connectivity, mobility, purchase or installation of any storm water and access in disadvantaged and underserved Ms. COLLINS, Mr. TESTER, Ms. MUR- management measure.’’. communities— KOWSKI, Mr. WARNER, and Mr. ROMNEY)) (b) CONFORMING AMENDMENTS.— (A) to study the feasibility and impacts of to the bill H.R. 3684, to authorize funds (1) DEFINITION OF WATER CONSERVATION OR removing, retrofitting, mitigating, or reme- EFFICIENCY MEASURE AND STORM WATER MAN- for Federal-aid highways, highway diating the effects on community AGEMENT MEASURE.—Section 136(c) of the In- safety programs, and transit programs, connectivity from an existing eligible facil- ternal Revenue Code of 1986 is amended— and for other purposes; which was or- ity; (A) by striking ‘‘ENERGY CONSERVATION dered to lie on the table; as follows: (B) to conduct planning activities, includ- ing preliminary engineering and final design MEASURE’’ in the heading thereof and insert- On page 35, lines 10 and 11, strike ‘‘PILOT’’. ing ‘‘DEFINITIONS’’, On page 35, line 14, strike ‘‘pilot’’. activities, for a project to remove, retrofit, (B) by striking ‘‘IN GENERAL’’ in the head- On page 35, line 19, strike ‘‘pilot’’. mitigate, or remediate the effects on com- ing of paragraph (1) and inserting ‘‘ENERGY Strike section 11509 and insert the fol- munity connectivity from an existing eligi- CONSERVATION MEASURE’’, and lowing: ble facility; and (C) by redesignating paragraph (2) as para- SEC. 11509. RECONNECTING COMMUNITIES PRO- (C) to conduct construction activities nec- graph (4) and by inserting after paragraph (1) GRAM. essary to carry out a project to remove, ret- the following: (a) DEFINITIONS.—In this section: rofit, mitigate, or remediate the effects on ‘‘(2) WATER CONSERVATION OR EFFICIENCY (1) ANTI-DISPLACEMENT POLICY.—The term community connectivity from an existing el- MEASURE.—For purposes of this section, the ‘‘anti-displacement policy’’ means a policy igible facility. term ‘water conservation or efficiency meas- that limits the displacement of low-income, (2) FOCUS.—The Secretary shall ensure ure’ means any evaluation of water use, or disadvantaged, and underserved commu- that any activities carried out under this any installation or modification of property, nities from neighborhoods due to new invest- section— the primary purpose of which is to reduce ments in housing, businesses, and infrastruc- (A) focus on improvements that will ben- consumption of water or to improve the ture. efit the populations impacted by or pre- management of water demand with respect (2) AREA OF PERSISTENT POVERTY.—The viously displaced by the eligible facility; and to one or more dwelling units. term ‘‘area of persistent poverty’’ means— (B) emphasize equity by garnering commu- ‘‘(3) STORM WATER MANAGEMENT MEASURE.— (A) any county that has had 20 percent or nity engagement, avoiding future displace- For purposes of this section, the term ‘storm more of the population of the county living ment, and ensuring local participation in the water management measure’ means any in- in poverty over the past 30 years, as meas- planning process. stallation or modification of property pri- ured by the 1990 and 2000 decennial censuses (c) PLANNING GRANTS.— marily designed to reduce or manage and the most recent Small Area Income and (1) ELIGIBLE ENTITIES.— amounts of storm water with respect to one Poverty Estimates as estimated by the Bu- (A) IN GENERAL.—The Secretary may award or more dwelling units.’’. reau of the Census; a grant (referred to in this section as a (2) DEFINITION OF PUBLIC UTILITY.—Section (B) any census tract with a poverty rate of ‘‘planning grant’’) to carry out planning ac- 136(c)(4) of such Code (as redesignated by at least 20 percent, as measured by the most tivities described in paragraph (2) to— paragraph (1)(C)) is amended by striking sub- recent 5-year data series available from the (i) a State; paragraph (B) and inserting the following: American Community Survey of the Bureau (ii) a unit of local government; ‘‘(B) PUBLIC UTILITY.—The term ‘public of the Census for all States and Puerto Rico; (iii) a Tribal government; utility’ means a person engaged in the sale or (iv) a territory; of electricity, natural gas, or water to resi- (C) any other territory of the United (v) a metropolitan planning organization; dential, commercial, or industrial customers States that has had 20 percent or more of its (vi) a transit agency; for use by such customers. population living in poverty over the past 30 (vii) a special purpose district with a trans- ‘‘(C) STORM WATER MANAGEMENT PRO- years, as measured by the 1990, 2000, and 2010 portation function; and VIDER.—The term ‘storm water management decennial censuses, or equivalent data, of the (viii) a group of entities described in this provider’ means a person engaged in the pro- Bureau of the Census. subparagraph. vision of storm water management measures (3) COMMUNITY LAND TRUST.—The term (B) PARTNERSHIPS.—An eligible entity may to the public. ‘‘community land trust’’ means a nonprofit enter into an agreement with the following ‘‘(D) PERSON.—For purposes of subpara- organization established or with the respon- entities to carry out the eligible activities graphs (B) and (C), the term ‘person’ includes sibility, as applicable— under this subsection: the Federal Government, a State or local (A) to develop the real estate created by (i) A nonprofit organization. government or any political subdivision the removal or capping of an eligible facil- (ii) An institution of higher education (as thereof, or any instrumentality of any of the ity; and defined in section 101 of the Higher Edu- foregoing.’’. (B) to carry out anti-displacement or com- cation Act of 1965 (20 U.S.C. 1001)), including (3) CLERICAL AMENDMENTS.— munity development strategies, including— minority serving institutions and histori- (A) The heading of section 136 of such Code (i) affordable housing preservation and de- cally Black colleges and universities (which is amended— velopment; shall have the meaning given the term ‘‘Pre- (i) by inserting ‘‘AND WATER’’ after ‘‘EN- (ii) homeownership and property improve- dominantly Black institution’’ as defined in ERGY’’, and ment programs; section 371(c) of the Higher Education Act of (ii) by striking ‘‘PROVIDED BY PUBLIC UTILI- (iii) the development or rehabilitation of 1965 (20 U.S.C. 1067q(c))). TIES’’. park space or recreation facilities; and (2) ELIGIBLE ACTIVITIES DESCRIBED.—The (B) The item relating to section 136 in the (iv) community revitalization and eco- planning activities referred to in paragraph table of sections of part III of subchapter B nomic development projects. (1) are— of chapter 1 of such Code is amended— (4) ELIGIBLE FACILITY.— (A) planning studies to evaluate the feasi- (i) by inserting ‘‘and water’’ after ‘‘en- (A) IN GENERAL.—The term ‘‘eligible facil- bility of removing, retrofitting, mitigating, ergy’’, and ity’’ means a highway or other transpor- or remediating an existing eligible facility

VerDate Sep 11 2014 03:44 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00072 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.038 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5601 to restore community connectivity, includ- tablishment of a community land trust for (A) the removal, retrofit, mitigation, or re- ing evaluations of— land acquisition, land banking, and equitable mediation of the effects on community (i) current traffic patterns on the eligible transit-oriented development. connectivity from an eligible facility, in- facility proposed for removal, retrofit, miti- (3) TECHNICAL ASSISTANCE PROGRAM.— cluding a project to deck over a limited-ac- gation, or remediation and the surrounding (A) IN GENERAL.—The Secretary may pro- cess highway or other eligible facility; street network; vide technical assistance described in sub- (B) the replacement of an eligible facility (ii) the capacity of existing transportation paragraph (B) to an eligible entity described with a new facility that— networks to maintain mobility needs; in paragraph (1). (i) restores community connectivity; (iii) an analysis of alternative roadway de- (B) TECHNICAL ASSISTANCE DESCRIBED.—The (ii) employs context-sensitive solutions ap- signs or other uses for the right-of-way of technical assistance referred to in subpara- propriate for the surrounding community; the eligible facility, including an analysis of graph (A) is technical assistance in building and whether the available right-of-way would organizational or community capacity— (iii) is otherwise eligible for funding under suffice to create an alternative roadway de- (i) to engage in transportation planning; title 23, United States Code; sign; and (C) support for community partnerships, (iv) the effect of the removal, retrofit, (ii) to identify innovative solutions to including a community advisory board de- mitigation, or remediation of the eligible fa- challenges posed by existing eligible facili- scribed under paragraph (7), in connection cility on the mobility of freight and people; ties, including reconnecting communities with a capital construction grant awarded (v) the effect of the removal, retrofit, miti- that— under this subsection; and gation, or remediation of the eligible facility (I) are bifurcated by eligible facilities; or (D) other activities required to remove, re- on the safety of the traveling public; (II) lack safe, reliable, and affordable place, retrofit, mitigate, or remediate an ex- (vi) the cost to remove, retrofit, mitigate, transportation choices. isting eligible facility, as determined by the or remediate the eligible facility— (C) PRIORITIES.—In selecting recipients of Secretary. (I) to restore community connectivity; and technical assistance under subparagraph (A), (4) SELECTION.—The Secretary shall— (II) to convert the eligible facility to a the Secretary shall give priority to an appli- (A) solicit applications for capital con- roadway design or use that increases safety, cation from— struction grants; and mobility, and access for all users, compared (i) a community that is economically dis- to any expected costs for necessary mainte- (B) evaluate applications on the basis of— advantaged; or (i) the degree to which the project will im- nance or reconstruction of the eligible facil- (ii) a community that is at high risk for ity; prove mobility and access through the re- economic displacement. moval of barriers; (vii) the anticipated economic impact of (4) SELECTION.—The Secretary shall— removing, retrofitting, mitigating, or reme- (ii) the appropriateness of removing, retro- (A) solicit applications for— fitting, mitigating, or remediating the ef- diating and converting the eligible facility (i) planning grants; and and any economic development opportuni- fects on community connectivity from the (ii) technical assistance under paragraph eligible facility, based on current traffic pat- ties that would be created by removing, ret- (3); and rofitting, mitigating, or remediating and terns and the ability of the project and the (B) evaluate applications for a planning regional transportation network to absorb converting the eligible facility; grant on the basis of the demonstration by (viii) the environmental impacts of retain- transportation demand and provide safe mo- the applicant that— ing or reconstructing the eligible facility bility and access; (i) the eligible facility is aged and is likely and the anticipated effect of the proposed al- (iii) the impact of the project on freight to need replacement or significant recon- ternative use or roadway design; and movement; struction within the 20-year period beginning (ix) the community impacts and equity (iv) the results of a cost-benefit analysis of on the date of the submission of the applica- analyses of retaining or reconstructing the the project; tion; eligible facility on the surrounding commu- (v) the extent to which the applicant has (ii) the eligible facility— nities, including— plans for inclusive economic development in (I) creates barriers to mobility, access, or (I) the demographic breakdown of the im- place, including the existing land use and economic development; or pacted community by race and socio- whether the zoning provides for equitable economic status; and (II) is not justified by current and forecast and transit-oriented development of under- (II) the displacement or disconnection that future travel demand; and utilized land; occurred within the community as a result (iii) on the basis of preliminary assess- (vi) the degree to which the eligible facil- of the existing facility; ments into the feasibility of removing, retro- ity is out of context with the current or (B) public engagement activities to provide fitting, mitigating, or remediating the eligi- planned land use; opportunities for public input into a plan to ble facility to restore community (vii) the results of any feasibility study remove, replace, retrofit, mitigate, or reme- connectivity and increase safety, mobility, completed for the project; diate the effects from an eligible facility, in- and access for all users, further planning ac- (viii) the plan of the applicant for— cluding— tivities are necessary and likely to be pro- (I) employing residents in the area im- (i) building organizational or community ductive. pacted by the project through targeted hir- capacity to, and educating community mem- (5) AWARD AMOUNTS.—A planning grant ing programs, in partnership with registered bers on how to, engage in and contribute to may not exceed $2,000,000 per recipient. apprenticeship programs, if applicable; and eligible planning activities described in this (6) FEDERAL SHARE.—The total Federal (II) encouraging community-based entre- paragraph; share of the cost of a planning activity for preneurship and small business expansion; (ii) identifying community needs and de- which a planning grant is used shall not ex- (ix) whether the eligible facility is likely sires for community improvements and de- ceed 80 percent. to need replacement or significant recon- veloping community-driven solutions in car- (d) CAPITAL CONSTRUCTION GRANTS.— struction within the 20-year period beginning rying out eligible planning activities de- (1) ELIGIBLE ENTITIES.—The Secretary may on the date of the submission of the applica- scribed in this paragraph; award a grant (referred to in this section as tion; (iii) conducting assessments of equity, mo- a ‘‘capital construction grant’’) to the owner (x) whether the project is consistent with bility and access, environmental justice, af- of an eligible facility to carry out an eligible the relevant long-range transportation plan fordability, economic opportunity, health project described in paragraph (3) for which and included in the relevant statewide trans- outcomes, and other local goals to be used in all necessary feasibility studies and other portation improvement program; carrying out eligible planning activities de- planning activities have been completed. (xi) whether the project is consistent with, scribed in this paragraph; and (2) PARTNERSHIPS.—An owner of an eligible and how the project would impact, the rel- (iv) forming a community advisory board facility may, for the purposes of submitting evant transportation performance manage- in accordance with subsection (d)(7); an application for a capital construction ment targets; and (C) other transportation planning activi- grant, if applicable, partner with— (xii) the extent to which the project bene- ties required in advance of a project to re- (A) a State; fits populations impacted by or previously move, retrofit, mitigate, or remediate an ex- (B) a unit of local government; displaced by the eligible facility; isting eligible facility to restore community (C) a Tribal government; (C) ensure that the project has conducted connectivity, as determined by the Sec- (D) a metropolitan planning organization; sufficient community engagement, such as retary; (E) a transit agency; the activities described in subsection (D) evaluating land use and zoning changes (F) a special purpose district with a trans- (c)(2)(B); and necessary to improve equity and maximize portation function; (D) ensure that the jurisdiction in which transit-oriented development in connection (G) a territory; the eligible facility is located has an anti- with a project eligible for a capital construc- (H) a nonprofit organization; or displacement policy or a community land tion grant; and (I) a group of entities described in this trust in place. (E) establishment of anti-displacement and paragraph. (5) MINIMUM AWARD AMOUNTS.—A capital equitable neighborhood revitalization strate- (3) ELIGIBLE PROJECTS.—A project eligible construction grant shall be in an amount not gies in connection with a project eligible for to be carried out with a capital construction less than $5,000,000 per recipient. a capital construction grant, including es- grant includes— (6) FEDERAL SHARE.—

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(A) IN GENERAL.—Subject to subparagraph (ii) includes, for recipients of capital con- vulnerable to infection during the COVID–19 (B), a capital construction grant may not ex- struction grants, the outcomes and impacts pandemic and those complying with public ceed 50 percent of the total cost of the of the projects carried out with the grant, in- health guidance regarding social distancing project for which the grant is awarded. cluding— are increasingly reliant on driving as their (B) MAXIMUM FEDERAL INVOLVEMENT.—Fed- (I) any changes in the overall level of mo- primary means of transportation for essen- eral assistance other than a capital con- bility, congestion, access, and safety in the tial travel. struction grant may be used to satisfy the project area; and (5) In the United States, millions of Ameri- non-Federal share of the cost of a project for (II) environmental impacts and economic cans have had their driver’s licenses sus- which the grant is awarded, except that the development opportunities in the project pended for unpaid court fines and fees. total Federal assistance provided for a area; (6) A person whose driver’s license is sus- project for which the grant is awarded may (iii) assesses projects funded under sub- pended or revoked for unpaid fines and fees not exceed 80 percent of the total cost of the section (d) to provide best practices. will often find it more difficult to earn a liv- project. (2) GAO REPORT ON HIGHWAY REMOVALS.— ing and therefore pay the debt owed to the (7) COMMUNITY ADVISORY BOARD.— Not later than 2 years after the date of en- government. (A) IN GENERAL.—To help achieve inclusive actment of this Act, the Comptroller General (7) The barrier to employment posed by economic development benefits with respect of the United States shall issue a report driver’s license suspensions and revocations to the project for which a grant is awarded, that— for unpaid fines and fees is especially prob- a grant recipient may form a community ad- (A) identifies examples of projects to re- lematic during the COVID–19 pandemic, visory board, which, if formed, shall— move highways using Federal highway funds; when the unemployment rate is the highest (i) facilitate community engagement with (B) evaluates the effect of highway re- it has been since the Great Depression. respect to the project; and moval projects on the surrounding area, in- (8) Drunk and dangerous driving are some (ii) track progress with respect to commit- cluding impacts to the local economy, con- of the leading causes of death and serious ments of the grant recipient to inclusive em- gestion effects, safety outcomes, and im- bodily injury in the United States, and pro- ployment, contracting, and economic devel- pacts on the movement of freight and people; moting safety on the roads is a legitimate, opment under the project. (C) evaluates the existing Federal-aid pro- necessary, and core governmental function. (B) MEMBERSHIP.—If a grant recipient gram eligibility under title 23, United States Suspending a license for unsafe driving con- forms a community advisory board under Code, for highway removal projects; duct presents different considerations than subparagraph (A), the community advisory (D) analyzes the costs and benefits of and suspending a license for unpaid fines and board shall be composed of representatives barriers to removing underutilized highways fees. Suspending a license for unsafe driving of— that are nearing the end of their useful life is an appropriate tool to protect public safe- (i) the community, including residents in compared to replacing or reconstructing the ty. Policymakers also may consider alter- the immediate vicinity of the project; highway; and natives to suspension of a license for unsafe (ii) owners of businesses that serve the (E) provides recommendations for inte- driving such as ignition interlock device pro- community; grating those assessments into transpor- grams. (iii) labor organizations that represent tation planning and decision-making proc- (9) According to the National Highway workers that serve the community; esses. Traffic Safety Administration, every year on average, over 34,000 people are killed and (iv) State and local government; and (3) ELIGIBILITY GUIDANCE.—Not later than 1 2,400,000 more people are injured in motor ve- (v) private and nonprofit organizations year after the date of enactment of this Act, hicle crashes. Some of the major causes of that represent local community develop- the Secretary shall publish guidance describ- these crashes include speeding, impaired ment. ing the eligibility of funds apportioned under driving, and distracted driving. Nearly half (C) DIVERSITY.—The community advisory section 104(b) of title 23, United States Code, of passenger vehicle occupants killed in board formed under subparagraph (A) shall for activities eligible for assistance under crashes are unrestrained. The societal harm be representative of the community served this section. caused by motor vehicle crashes has been by the project. (h) TECHNICAL ASSISTANCE.—Of the funds valued at $836,000,000,000 annually. The en- made available to carry out this section for (e) PRIORITIES.—In selecting recipients of actment of, enforcement of, and education planning grants, the Secretary may use not planning grants, capital construction grants, regarding traffic laws are key to addressing more than $15,000,000 during the period of fis- and technical assistance under this section, unsafe behavior and promoting public safety. cal years 2022 through 2026 to provide tech- the Secretary shall give priority to— (10) However, most driver’s license suspen- nical assistance under subsection (c)(3). (1) an application from a community that sions are not based on the need to protect is economically disadvantaged or high risk --- SA 2177. Mr. COONS (for himself and public safety. of displacement, including an environmental (11) In the State of Florida, 1,100,000 resi- justice community, an underserved commu- Mr. WICKER) submitted an amendment dents received a suspension notice for unpaid nity, or a community located in an area of intended to be proposed to amendment fines and fees in 2017 alone. persistent poverty; and SA 2137 proposed by Mr. SCHUMER (for (12) Between 2010 and 2017, all but 3 States (2) an eligible entity that has— Ms. SINEMA (for herself, Mr. PORTMAN, increased the amount of fines and fees for (A) entered into a community benefits Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA- civil and criminal violations. agreement with representatives of the com- HEEN, Ms. COLLINS, Mr. TESTER, Ms. (13) In the United States, 40 percent of all munity or formed a community advisory driver’s license suspensions are issued for MURKOWSKI, Mr. WARNER, and Mr. ROM- board under paragraph (7) of subsection (d); conduct that was unrelated to driving. (B) demonstrated a plan for employing NEY)) to the bill H.R. 3684, to authorize (14) In 2015, the State of Washington cal- residents in the area impacted by the activ- funds for Federal-aid highways, high- culated that State troopers spent 70,848 ity or project through targeted hiring pro- way safety programs, and transit pro- hours dealing with license suspensions for grams; and grams, and for other purposes; which non-driving offenses. (C) demonstrated a plan for improving was ordered to lie on the table; as fol- (15) The American Association of Motor transportation system access. lows: Vehicle Administrators estimated that ar- (f) ADMINISTRATIVE EXPENSES.—Of the At the appropriate place, insert the fol- resting a person for driving with a suspended amounts made available to carry out this lowing: license can take 9 hours of an officer’s time, section, the Secretary may set aside not including waiting for a tow truck, trans- more 2 percent for the costs of administering TITLE lllll—DRIVING FOR porting an individual to jail, filling out pa- the program under this section. OPPORTUNITY perwork, making a court appearance, and (g) REPORTS.— SEC. lll01. SHORT TITLE. other administrative duties and accordingly (1) USDOT REPORT ON PROGRAM.—Not later This title may be cited as the ‘‘Driving for Washington State Patrol Chief John Batiste than January 1, 2026, the Secretary shall sub- Opportunity Act of 2021’’. called non-driving suspensions a ‘‘drain on mit to the Committee on Environment and SEC. lll02. FINDINGS. the system as a whole’’. Public Works of the Senate and the Com- Congress finds the following: (16) The Colorado Department of Motor Ve- mittee on Transportation and Infrastructure (1) Driving a vehicle is an essential aspect hicles determined that suspending driver’s of the House of Representatives a report of the daily lives of most people in the licenses for offenses unrelated to driving that— United States. consumed 8,566 hours per year of staff time (A) evaluates the program under this sec- (2) Driving is often required to access jobs in the Department. tion; and and healthcare, take care of family, get gro- (17) Many States impose a significant fee (B) that— ceries, and fulfill other basic responsibilities. for reinstating a suspended driver’s license, (i) includes information about the level of (3) In many small cities, towns, and rural such as Alabama, where the fee is $275. applicant interest in planning grants, tech- areas that do not have public transportation (18) Driving on a suspended license is one nical assistance under subsection (c)(3), and and ridesharing alternatives, driving is often of the most common criminal charges in ju- capital construction grants, including the the only realistic means of transportation. risdictions across the country. extent to which overall demand exceeded (4) Even in cities with public transpor- (19) Seventy-five percent of those with sus- available funds; tation and ridesharing options, individuals pended licenses report continuing to drive.

VerDate Sep 11 2014 06:01 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00074 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.037 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5603 (20) It is more likely that those people are the suspension or revocation of, or refusal to (A) existing alternatives to driver’s license also driving without insurance due to the renew, driver’s licenses or the registration of suspension as methods of enforcement and costs and restrictions associated with ob- a motor vehicle based on the failure to pay collection of unpaid fines and fees; and taining auto insurance on a suspended li- civil or criminal fines or fees. (B) existing alternatives to traditional cense, thereby placing a greater financial ‘‘(C) CRITERIA.—The Attorney General driver’s license suspension for certain kinds burden on other drivers when a driver with a shall award grants under this section to eli- of unsafe driving, including models that suspended license causes an accident. gible States that submit a plan to reinstate allow drivers to continue to drive legally (21) The American Association of Motor driver’s licenses previously suspended for un- while pursuing driver improvement opportu- Vehicle Administrators has concluded the paid fines and fees— nities. following: ‘‘Drivers who have been suspended ‘‘(i) to maximize the number of individuals (b) REPORT.—Not later than 2 years after for social non-conformance-related offenses with suspended driver’s licenses eligible to the date of enactment of this Act, the Comp- are often trapped within the system. Some have driving privileges reinstated or re- troller General of the United States shall cannot afford to pay the original fines, and gained; submit to the Committee on the Judiciary may lose their ability to legally get to and ‘‘(ii) to provide assistance to individuals and the Committee on Environment and from work as a result of the suspension. living in areas where public transportation Public Works of the Senate and the Com- Many make the decision to drive while sus- options are limited; and mittee on the Judiciary and the Committee pended. The suspension results in increased ‘‘(iii) to ease the burden on States where on Transportation and Infrastructure a re- financial obligations through new require- the State or local law described in subpara- port on the study required under subsection ments such as reinstatement fees, court graph (B) was in effect during the 3-year pe- (a). costs, and other penalties. While there is a riod ending on the date on which a State ap- --- clear societal interest in keeping those who plies for a grant under this paragraph in ac- SA 2178. Mr. WICKER submitted an are unfit to drive off the roads, broadly re- cordance with section 502. amendment intended to be proposed to stricting licenses for violations unrelated to ‘‘(D) AMOUNT.—Each grant awarded under amendment SA 2137 proposed by Mr. an individual’s ability to drive safely may do this paragraph shall be not greater than 5 SCHUMER (for Ms. SINEMA (for herself, more harm than good. This is especially true percent of the amount allocated to the State Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- in areas of the country that lack alternative in accordance with the formula established SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. means of transportation. For those individ- under section 505. TESTER, Ms. MURKOWSKI, Mr. WARNER, uals, a valid driver license can be a means to ‘‘(E) REPORT.—Not later than 1 year after and Mr. ROMNEY)) to the bill H.R. 3684, survive. Local communities, employers, and the date on which a grant is made to a State employees all experience negative con- under this paragraph, the State shall submit to authorize funds for Federal-aid high- sequences as a result of social non-con- to the Attorney General a report that de- ways, highway safety programs, and formity suspensions, including unemploy- scribes the program implemented under sub- transit programs, and for other pur- ment, lower wages, fewer employment oppor- paragraph (A), including with respect to— poses; which was ordered to lie on the tunities and hiring choices, and increased in- ‘‘(i) the population served by the program; table; as follows: surance costs.’’. ‘‘(ii) the number of driver’s licenses rein- At the appropriate place in division F, in- (22) A report by the Harvard Law School stated under the program; and Criminal Justice Policy Program concluded sert the following: ‘‘(iii) all costs to the State of the program, the following: ‘‘The suspension of a driver’s SEC. lllll. OPEN NETWORK ARCHITECTURE. including how the grants under this para- or professional license is one of the most per- (a) OPEN NETWORK ARCHITECTURE graph were spent to defray such costs.’’; and vasive poverty traps for poor people assessed TESTBED.— (2) in section 508— a fine that they cannot afford to pay. The (1) DEFINITIONS.—In this subsection— (A) by striking ‘‘There’’ and inserting ‘‘(a) practice is widespread. Nearly 40 percent of (A) the term ‘‘Applied Research Open-RAN In General.—There’’; and license suspensions nationwide stem from testbed’’ means the testbed established (B) by adding at the end the following: unpaid fines, missed child support payments, under paragraph (2); and drug offenses—not from unsafe or intoxi- ‘‘(b) DRIVER’S LICENSE REINSTATEMENT (B) the term ‘‘Assistant Secretary’’ means cated driving or failing to obtain automotive PROGRAMS.—There is authorized to be appro- the Assistant Secretary of Commerce for insurance. Suspension of a driver’s or profes- priated to carry out section 501(a)(3) Communications and Information; and sional licenses is hugely counterproductive; $20,000,000 for each of fiscal years 2021 (C) the term ‘‘NTIA’’ means the National it punishes non-payment by taking away a through 2025.’’. Telecommunications and Information Ad- person’s means for making a living. License ministration. SEC. lll04. GAO STUDY. suspension programs are also expensive for (2) ESTABLISHMENT.—The Assistant Sec- States to run and they distract law enforce- (a) STUDY.—The Comptroller General of retary shall establish an applied research ment efforts from priorities related to public the United States shall conduct a study of open network architecture testbed at the In- safety. License suspensions may also be un- the implementation of the grant program in stitute for Telecommunication Sciences of constitutional if the license was suspended paragraph (3) of section 501(a) of the Omni- the NTIA to develop and demonstrate net- before the judge determined the defendant bus Crime Control and Safe Streets Act of work architectures and applications, equip- had the ability to pay the criminal justice 1968 (34 U.S.C. 10152(a)), as added by section ment integration and interoperability at debt.’’. ølll03(a)¿ of this Act, that— scale, including— SEC. lll03. GRANTS FOR DRIVER’S LICENSES (1) includes what is known about the effect (A) Open Radio Access Network (commonly REINSTATEMENT PROGRAMS. of repealing State laws, in selected States, known as ‘‘Open-RAN’’) technology; Subpart 1 of part E of title I of the Omni- that had permitted the suspension or revoca- (B) Virtualized Radio Access Network bus Crime Control and Safe Streets Act of tion of, or refusal to renew, driver’s licenses (commonly known as ‘‘vRAN’’) technology; 1968 (34 U.S.C. 10151 et seq.) is amended— or the registration of a motor vehicle based and (1) in section 501(a) (34 U.S.C. 10152(a)), by on the failure to pay civil or criminal fines (C) cloud native technologies that rep- adding at the end the following: or fees, including such factors, to the extent licate telecommunications hardware as soft- ‘‘(3) GRANTS FOR DRIVER’S LICENSE REIN- information is available, as— ware-based virtual network elements and STATEMENT PROGRAMS.— (A) the collection of fines and fees; functions. ‘‘(A) IN GENERAL.—In addition to grants (B) the usage of law enforcement resources; (3) FOCUS; CONSIDERATIONS.—In estab- made under paragraph (1), the Attorney Gen- (C) economic mobility and unemployment; lishing the Applied Research Open-RAN eral may make grants to States described in (D) rates of enforcement of traffic safety testbed pursuant to this subsection, the As- subparagraph (B) to cover costs incurred by laws through the tracking of number of sum- sistant Secretary shall ensure that such the State to reinstate driver’s licenses pre- monses and violations issued (including testbed evaluates issues related to deploy- viously suspended for unpaid fines and fees. those related to automated enforcement ment and operation of open network archi- ‘‘(B) STATES DESCRIBED.—A State described technologies); tectures in rural areas. in this subparagraph is a State that— (E) the use of suspensions for public safety- (4) COOPERATIVE RESEARCH AND DEVELOP- ‘‘(i) does not have in effect any State or related reasons (including reckless driving, MENT AGREEMENTS.—The Assistant Secretary local law that permits— speeding, and driving under the influence); shall enter into cooperative research and de- ‘‘(I) the suspension or revocation of, or re- (F) safety-critical traffic events (including velopment agreements as appropriate to ob- fusal to renew, a driver’s license of an indi- in localities with automated enforcement tain equipment, devices, and expertise for vidual based on the individual’s failure to programs); the Applied Research Open-RAN testbed, in pay a civil or criminal fine or fee; or (G) the rates of license suspensions and accordance with section 12 of the Stevenson- ‘‘(II) the refusal to renew the registration proportion of unlicensed drivers; Wydler Technology Innovation Act of 1980 (15 of a motor vehicle based on the owner’s fail- (H) racial and geographic disparities; and U.S.C. 3710a). ure to pay a civil or criminal fine or fee; and (I) administrative costs (including costs (5) PRIVATE SECTOR CONTRIBUTIONS.—The ‘‘(ii) during the 3-year period ending on the associated with the collection of fines and Assistant Secretary may accept private con- date on which the State applies for or re- fees and with the reinstatement of driver’s tributions to the Applied Research Open- ceives a grant under this paragraph, has re- licenses); and RAN testbed in the form of network equip- pealed a State or local law that permitted (2) includes what is known about— ment or devices for testing purposes.

VerDate Sep 11 2014 03:44 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00075 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.039 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5604 CONGRESSIONAL RECORD — SENATE August 2, 2021 (6) PARTNERSHIP WITH GOVERNMENT ENTI- (A) the term ‘‘Assistant Secretary’’ means TESTER, Ms. MURKOWSKI, Mr. WARNER, TIES.— the Assistant Secretary of Commerce for and Mr. ROMNEY)) to the bill H.R. 3684, (A) ESTABLISHMENT.—In establishing the Communications and Information; to authorize funds for Federal-aid high- Applied Research Open-RAN testbed, the As- (B) the term ‘‘eligible standards-setting ways, highway safety programs, and sistant Secretary shall— body’’— (i) consult with the Federal Communica- (i) means a standards-setting body, partici- transit programs, and for other pur- tions Commission, including with respect to pation in which may be funded by a grant poses; which was ordered to lie on the ongoing work by the Commission to develop awarded under paragraph (2), as determined table; as follows: other testbeds, including private sector by the Assistant Secretary; and Beginning on page 2060, line 17, strike testbeds, related to Open-RAN technologies; (ii) includes— ‘‘NTIA AUTHORITY’’ and all that follows and (I) the 3rd Generation Partnership Project through ‘‘(E)’’ on page 2061, line 3. (ii) ensure that the work on the testbed is (commonly known as ‘‘3GPP’’); coordinated with the responsibilities of the (II) the Alliance for Telecommunications SA 2180. Mr. BARRASSO (for himself Assistant Secretary under any relevant Industry Solutions (commonly known as and Mr. INHOFE) proposed an amend- memorandum of understanding with the Fed- ‘‘ATIS’’); ment to amendment SA 2137 proposed (III) the International Telecommuni- eral Communications Commission and the by Mr. SCHUMER (for Ms. SINEMA (for cations Union (commonly known as ‘‘ITU’’); National Science Foundation related to spec- herself, Mr. PORTMAN, Mr. MANCHIN, trum. (IV) the Institute for Electrical and Elec- Mr. CASSIDY, Mrs. SHAHEEN, Ms. COL- (B) OPERATIONS.—In operating the Applied tronics Engineers (commonly known as Research Open-RAN testbed, the Assistant ‘‘IEEE’’); LINS, Mr. TESTER, Ms. MURKOWSKI, Mr. Secretary shall, in consultation with the (V) the World Radiocommunications Con- WARNER, and Mr. ROMNEY)) to the bill Federal Communications Commission, part- ferences (commonly known as the ‘‘WRC’’) of H.R. 3684, to authorize funds for Fed- ner with— the ITU; eral-aid highways, highway safety pro- (i) the First Responder Network Authority (VI) the Internet Engineering Task Force grams, and transit programs, and for of the NTIA (also known as ‘‘FirstNet’’) and (commonly known as the ‘‘IETF’’); other purposes; as follows: the Public Safety Communications Research (VII) the International Organization for Standardization (commonly known as the In section 309(e) of the Energy Conserva- Division of the National Institute of Stand- tion and Production Act (as added by section ards and Technology to examine use cases ‘‘ISO’’) and the International Electro- technical Commission (commonly known as 40511(a)), strike the closing quotation marks and applications for Open-RAN technologies the ‘‘IEC’’); and the following period and insert the fol- in a public safety network; (VIII) the O-RAN Alliance; lowing: (ii) other Federal agencies, as appropriate (IX) the Telecommunications Industry As- ‘‘(f) LIMITATION ON USE OF FUNDS.—None of to examine use cases and applications for sociation (commonly known as ‘‘TIA’’); and the funds made available under subsection Open-RAN technologies in other areas of in- (X) any other standards-setting body iden- (e) may be used— terest to such agencies; and tified under paragraph (4); ‘‘(1) to encourage or facilitate the adoption (iii) international partners, as appropriate. (C) the term ‘‘Secretary’’ means the Sec- of building codes that restrict or prohibit the (7) STAKEHOLDER INPUT.—The Assistant retary of Commerce; and direct use of natural gas in residential and Secretary shall seek input from stakeholders (D) the term ‘‘standards-setting body’’ commercial buildings for space heating, regarding the establishment and operation of means an international body that develops water heating, cooking, or other purposes; or the Applied Research Open-RAN testbed. the standards for open network architecture ‘‘(2) to compel the adoption of model build- (8) IMPLEMENTATION DEADLINE.—Not later technologies. ing energy codes.’’. than 180 days after the date of enactment of (2) GRANT PROGRAM.— this Act, the Assistant Secretary shall— (A) IN GENERAL.—The Secretary, in col- SA 2181. Ms. LUMMIS (for herself, (A) define metrics and parameters for the laboration with the Assistant Secretary, Mr. KELLY, and Mr. CORNYN) submitted Applied Research Open-RAN testbed, includ- shall award grants to private sector entities an amendment intended to be proposed ing functionality, project configuration and based in the United States to participate in to amendment SA 2137 proposed by Mr. capacity, performance, security require- eligible standards-setting bodies. SCHUMER (for Ms. SINEMA (for herself, ments, and quality assurance; (B) PRIORITIZATION.—The Secretary shall Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (B) adopt any rules as necessary, in con- prioritize grants awarded under this sub- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. sultation with the Federal Communications section to private sector entities that would TESTER, Ms. MURKOWSKI, Mr. WARNER, Commission; and not otherwise be able to participate in eligi- (C) begin the development of the Applied ble standards-setting bodies without the and Mr. ROMNEY)) to the bill H.R. 3684, Research Open-RAN testbed, including seek- grant. to authorize funds for Federal-aid high- ing stakeholder input as required by para- (3) GRANT CRITERIA.—Not later than 180 ways, highway safety programs, and graph (7). days after the date on which amounts are ap- transit programs, and for other pur- (9) REPORT.—Not later than 1 year after propriated under paragraph (5), the Sec- poses; as follows: the date of enactment of this Act, the Assist- retary, in collaboration with the Assistant ant Secretary shall submit to the Committee At the end of subtitle E of title I of divi- Secretary, shall establish criteria for the sion A, add the following: on Commerce, Science, and Transportation grants awarded under paragraph (2). of the Senate and the Committee on Energy SEC. 115ll. HIGHWAY COST ALLOCATION (4) CONSULTATION WITH FEDERAL COMMU- STUDY. and Commerce of the House of Representa- NICATIONS COMMISSION.—The Secretary shall (a) IN GENERAL.—Not later than 4 years tives a report on the findings of the testbed consult with the Federal Communications and any recommendations for additional leg- after the date of enactment of this Act, the Commission in— Secretary, in coordination with State de- islative or regulatory actions relating to the (A) determining criteria for the grants work of the testbed. partments of transportation, shall carry out awarded under paragraph (2); and a highway cost allocation study to deter- (10) AUTHORIZATION OF APPROPRIATIONS.— (B) determining which standards-setting mine the direct costs of highway use by var- (A) IN GENERAL.—There are authorized to bodies, if any, in addition to the standards- ious types of users. be appropriated for the administration of the setting bodies listed in paragraph (1)(B)(ii) (b) INCLUSIONS.—The study under sub- Applied Research Open-RAN testbed are eligible standards-setting bodies. section (a) shall include an examination of— $20,000,000 for fiscal year 2022, to remain (5) AUTHORIZATION OF APPROPRIATIONS.— (1) the Federal costs occasioned in the de- available until expended. (A) IN GENERAL.—There are authorized to sign, construction, rehabilitation, and main- (B) RULE OF CONSTRUCTION.—Nothing in be appropriated for grants under paragraph tenance of Federal-aid highways by— paragraph (6) shall be construed to obligate (2) $30,000,000 in total for fiscal years 2022 (A) the use of vehicles of different dimen- FirstNet or any other Federal entity to pay through 2025, to remain available until ex- sions, weights, number of axles, and other for the cost of the Applied Research Open- pended. specifications; and RAN testbed established under this sub- (B) ADMINISTRATIVE COSTS.—The Secretary (B) the frequency of those vehicles in the section in the absence of the appropriation of may use not more than 2 percent of any traffic stream; amounts under this paragraph. funds appropriated under this paragraph for (2) the safety-, emissions-, congestion-, and (C) AUTHORIZATION FOR VOLUNTARY SUP- the administration of the grant program es- noise-related costs of highway use by various PORT.—A Federal entity, including FirstNet, tablished under this subsection. types of users, and other costs as determined may voluntarily enter into an agreement by the Secretary; and with NTIA to provide monetary or nonmone- SA 2179. Mr. THUNE submitted an (3) the proportionate share of the costs de- tary support for the Applied Research Open- amendment intended to be proposed to scribed in paragraph (1) that are attributable RAN testbed. amendment SA 2137 proposed by Mr. to each class of highway users. (b) PARTICIPATION IN STANDARDS-SETTING SCHUMER (for Ms. SINEMA (for herself, (c) REQUIREMENTS.—In carrying out the BODIES.— Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- study under subsection (a), the Secretary (1) DEFINITIONS.—In this subsection— SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. shall—

VerDate Sep 11 2014 03:44 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00076 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.039 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5605 (1) ensure that the study examines only di- public water systems to comply with the na- licly owned treatment works, to be used to rect costs of highway use; tional primary drinking water regulation. implement effluent limitations guidelines (2) capture the various driving conditions ‘‘(C) HEALTH PROTECTION.—The national and standards developed by the Adminis- in different geographic areas of the United primary drinking water regulation for trator for a perfluoroalkyl substance, States; perfluoroalkyl and polyfluoroalkyl sub- polyfluoroalkyl substance, or class of such (3) to the maximum extent practicable, stances under subparagraph (A) shall be pro- substances. distinguish between costs directly occa- tective of the health of subpopulations at (2) AUTHORIZATION OF APPROPRIATIONS.— sioned by a highway user class and costs oc- greater risk, as described in section 1458. There is authorized to be appropriated to the casioned by all highway user classes; and ‘‘(D) HEALTH RISK REDUCTION AND COST Administrator to carry out this subsection (4) compare the costs occasioned by var- ANALYSIS.—In meeting the requirements of $200,000,000 for each of fiscal years 2022 ious highway user classes with the user fee paragraph (3)(C) with respect to the national through 2026, to remain available until ex- revenue contributed to the Highway Trust primary drinking water regulation for pended. Fund by those highway user classes. perfluoroalkyl and polyfluoroalkyl sub- (d) DEFINITIONS.—In this section: (d) REPORTS.— stances under subparagraph (A), the Admin- (1) ADMINISTRATOR.—The term ‘‘Adminis- (1) INTERIM REPORTS.—Not less frequently istrator may rely on information available trator’’ means the Administrator of the En- than annually during the period during to the Administrator with respect to 1 or vironmental Protection Agency. which the Secretary is carrying out the more specific perfluoroalkyl or (2) EFFLUENT LIMITATION.—The term ‘‘efflu- study under subsection (a), the Secretary polyfluoroalkyl substances to extrapolate ent limitation’’ has the meaning given that shall submit to Congress an interim report reasoned conclusions with respect to the term in section 502 of the Federal Water Pol- on the progress of the study. health risks and effects of a class of lution Control Act (33 U.S.C. 1362). (2) FINAL REPORT.—On completion of the perfluoroalkyl or polyfluoroalkyl substances (3) MEASURABLE.—The term ‘‘measurable’’, study under subsection (a), the Secretary of which the specific perfluoroalkyl or with respect to a chemical substance or class shall submit to Congress a final report on polyfluoroalkyl substances are a part, in- of chemical substances, means capable of the results of the study, including the rec- cluding by using techniques described in— being measured using— ommendations under subsection (e). ‘‘(i) the document of the Environmental (A) a test procedure promulgated or ap- proved in accordance with part 136 of title 40, (e) RECOMMENDATIONS.—On completion of Protection Agency entitled ‘Generalized the study under subsection (a), the Sec- Read-Across (GenRA)’ (or a successor docu- Code of Federal Regulations (or successor retary, in coordination with the Secretary of ment); and regulations); or (B) another analytical method for meas- the Treasury, shall develop recommenda- ‘‘(ii) the Toxicity Estimation Software uring a perfluoroalkyl substance, tions for a set of revenue options to fully Tool of the Environmental Protection Agen- polyfluoroalkyl substance, or class of those cover the costs occasioned by highway users, cy (or a successor tool).’’. substances, if the analytical method is vali- including recommendations for— dated by the Administrator. (1) changes to existing revenue streams; SA 2183. Mrs. GILLIBRAND (for her- (4) PERFLUOROALKYL SUBSTANCE.—The term and self, Ms. WARREN, Mr. PADILLA, Mr. ‘‘perfluoroalkyl substance’’ means a chem- (2) new revenue streams based on user fees. DURBIN, and Mr. MARKEY) submitted an ical of which all of the carbon atoms are amendment intended to be proposed to fully fluorinated carbon atoms. SA 2182. Mrs. GILLIBRAND (for her- amendment SA 2137 proposed by Mr. (5) POLYFLUOROALKYL SUBSTANCE.—The self, Mr. BOOKER, Mrs. FEINSTEIN, and SCHUMER (for Ms. SINEMA (for herself, term ‘‘polyfluoroalkyl substance’’ means a Mr. BLUMENTHAL) submitted an amend- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- chemical containing at least one fully ment intended to be proposed to SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. fluorinated carbon atom and at least one carbon atom that is not a fully fluorinated amendment SA 2137 proposed by Mr. TESTER, Ms. MURKOWSKI, Mr. WARNER, carbon atom. SCHUMER (for Ms. SINEMA (for herself, and Mr. ROMNEY)) to the bill H.R. 3684, Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (6) PRIORITY INDUSTRY CATEGORY.—The to authorize funds for Federal-aid high- term ‘‘priority industry category’’ means the SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ways, highway safety programs, and following point source categories: TESTER, Ms. MURKOWSKI, Mr. WARNER, transit programs, and for other pur- (A) Organic chemicals, plastics, and syn- and Mr. ROMNEY)) to the bill H.R. 3684, poses; which was ordered to lie on the thetic fibers, as identified in part 414 of title to authorize funds for Federal-aid high- table; as follows: 40, Code of Federal Regulations (or successor regulations). ways, highway safety programs, and At the appropriate place in division E, in- (B) Pulp, paper, and paperboard, as identi- transit programs, and for other pur- sert the following: fied in part 430 of title 40, Code of Federal poses; which was ordered to lie on the SEC. 50ll. CLEAN WATER ACT EFFLUENT LIMI- Regulations (or successor regulations). table; as follows: TATIONS GUIDELINES AND STAND- (C) Textile mills, as identified in part 410 At the appropriate place in division E, in- ARDS AND WATER QUALITY CRI- TERIA FOR PFAS. of title 40, Code of Federal Regulations (or sert the following: (a) DEADLINES.— successor regulations). SEC. 50lll. MAXIMUM CONTAMINANT LEVELS. (1) WATER QUALITY CRITERIA.—Not later (D) Electroplating, as identified in part 413 Section 1412(b) of the Safe Drinking Water than 2 years after the date of enactment of of title 40, Code of Federal Regulations (or Act (42 U.S.C. 300g–1(b)) is amended by add- this section, the Administrator shall publish successor regulations). ing at the end the following: in the Federal Register human health water (E) Metal finishing, as identified in part 433 ‘‘(16) PERFLUOROALKYL AND quality criteria for each measurable of title 40, Code of Federal Regulations (or POLYFLUOROALKYL SUBSTANCES.— perfluoroalkyl substance, polyfluoroalkyl successor regulations). ‘‘(A) REQUIRED REGULATIONS.—Not later substance, and class of such substances. (F) Leather tanning and finishing, as iden- than 2 years after the date of enactment of (2) EFFLUENT LIMITATIONS GUIDELINES AND tified in part 425 of title 40, Code of Federal this paragraph, the Administrator shall pub- STANDARDS FOR PRIORITY INDUSTRY CAT- Regulations (or successor regulations). lish a maximum contaminant level and pro- EGORIES.—As soon as practicable, but not (G) Paint formulating, as identified in part mulgate a national primary drinking water later than 4 years after the date of enact- 446 of title 40, Code of Federal Regulations regulation for perfluoroalkyl and ment of this section, the Administrator shall (or successor regulations). polyfluoroalkyl substances, including, at a publish in the Federal Register a final rule (H) Electrical and electronic components, minimum— establishing, for each priority industry cat- as identified in part 469 of title 40, Code of ‘‘(i) perfluorooctanoic acid (commonly re- egory, effluent limitations guidelines and Federal Regulations (or successor regula- ferred to as ‘PFOA’); and standards, in accordance with the Federal tions). ‘‘(ii) perfluorooctane sulfonic acid (com- Water Pollution Control Act (33 U.S.C. 1251 (I) Plastics molding and forming, as identi- monly referred to as ‘PFOS’). et seq.), for the discharge (including a dis- fied in part 463 of title 40, Code of Federal ‘‘(B) MONITORING.—In establishing moni- charge into a publicly owned treatment Regulations (or successor regulations). toring requirements under the national pri- works) of each measurable perfluoroalkyl (7) TREATMENT WORKS.—The term ‘‘treat- mary drinking water regulation for substance, polyfluoroalkyl substance, and ment works’’ has the meaning given that perfluoroalkyl and polyfluoroalkyl sub- class of such substances. term in section 212 of the Federal Water Pol- stances under subparagraph (A), the Admin- (b) NOTIFICATION.—The Administrator shall lution Control Act (33 U.S.C. 1292). istrator shall— notify the Committee on Transportation and (8) WATER QUALITY CRITERIA.—The term ‘‘(i) consider options for tailoring moni- Infrastructure of the House of Representa- ‘‘water quality criteria’’ means the rec- toring requirements for public water systems tives and the Committee on Environment ommended criteria for water quality devel- that do not detect, or are reliably and con- and Public Works of the Senate of each pub- oped by the Administrator under section sistently below the maximum contaminant lication made under this section. 304(a)(1) of the Federal Water Pollution Con- level for, those substances; and (c) IMPLEMENTATION ASSISTANCE FOR PUB- trol Act (33 U.S.C. 1314(a)(1)). ‘‘(ii) prioritize the use of existing authori- LICLY OWNED TREATMENT WORKS.— ties to provide technical assistance and fund- (1) IN GENERAL.—The Administrator shall SA 2184. Mrs. GILLIBRAND sub- ing to help small, rural, or disadvantaged award grants to owners and operators of pub- mitted an amendment intended to be

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(for herself, Mr. PORTMAN, Mr. (a) IN GENERAL.—Not later than 1 year KOWSKI, Mr. WARNER, and Mr. ROMNEY)) MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, after the date of enactment of this Act, the to the bill H.R. 3684, to authorize funds Ms. COLLINS, Mr. TESTER, Ms. MUR- Comptroller General of the United States for Federal-aid highways, highway KOWSKI, Mr. WARNER, and Mr. ROMNEY)) shall submit to Congress a report on the im- safety programs, and transit programs, to the bill H.R. 3684, to authorize funds pact and effectiveness of drunk driving child and for other purposes; which was or- for Federal-aid highways, highway endangerment laws, and ways in which child dered to lie on the table; as follows: endangerment laws can be strengthened to safety programs, and transit programs, At the appropriate place in title III of divi- protect children who may be passengers in sion B, insert the following: and for other purposes; which was or- vehicles driven by drunk drivers. ll dered to lie on the table; as follows: (b) CONTENTS.—The report required under SECTION 230 . RESEARCH REGARDING THE this section shall— NEED FOR UNDERRIDE GUARDS ON At the appropriate place in division H, in- SINGLE-UNIT TRUCKS BASED ON sert the following: (1) review— THE HEIGHT OF THE UNDER- (A) State laws to determine best practices, CARRIAGE. SEC. ll. MODIFICATIONS TO INCOME EXCLU- comparing State laws in which driving drunk SION FOR CERTAIN WASTE WATER (a) IN GENERAL.—Not later than 1 year MANAGEMENT SUBSIDIES. with a child is classified as a felony versus a after the date of enactment of this Act, the misdemeanor; and Secretary shall— (a) IN GENERAL.—Section 136(a) of the In- (B) effective ways in which States mandate (1) conduct research on the incidence and ternal Revenue Code of 1986 is amended— or encourage reporting and documentation of severity of underride accidents involving— (1) by striking ‘‘any subsidy provided’’ and child endangerment; and (A) a single-unit truck with an under- inserting ‘‘any subsidy— (2) make recommendations as to how State carriage height of more than 22 inches; and ‘‘(1) provided’’, laws can be improved to protect children (B) a single-unit truck with an under- (2) by striking the period at the end and in- from riding as passengers in vehicles driven carriage height of not more than 22 inches; serting ‘‘, or’’, and by drunk drivers, including increased pen- and (3) by adding at the end the following new alties, reporting requirements, and coordina- (2) submit to Congress a report containing paragraph: tion with child protective services. legislative recommendations regarding any ‘‘(2) provided (directly or indirectly) by a need for underride guards on single-unit State or local government to a resident of SA 2186. Mrs. GILLIBRAND (for her- trucks based on the height of the under- such State or locality for the purchase or in- self and Mr. SCHUMER) submitted an carriage of the single-unit truck. stallation of any wastewater management amendment intended to be proposed to (b) INDEPENDENT RESEARCH.—If the Sec- measure.’’. amendment SA 2137 proposed by Mr. retary enters into a contract with a third (b) DEFINITION OF WASTE WATER MANAGE- SCHUMER (for Ms. SINEMA (for herself, party to perform the research required under MENT MEASURE.—Section 136(c) of such Code subsection (a)(1), the Secretary shall ensure Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- is amended— that the third party does not have any finan- (1) by striking ‘‘ENERGY CONSERVATION SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. cial or contractual tie to, or relationship MEASURE’’ in the heading thereof and insert- TESTER, Ms. MURKOWSKI, Mr. WARNER, with— ing ‘‘DEFINITIONS’’, and Mr. ROMNEY)) to the bill H.R. 3684, (1) a motor carrier that transports pas- (2) by striking ‘‘IN GENERAL’’ in the head- to authorize funds for Federal-aid high- sengers or property for compensation; ing of paragraph (1) and inserting ‘‘ENERGY ways, highway safety programs, and (2) the motor carrier industry; or CONSERVATION MEASURE’’, and transit programs, and for other pur- (3) an entity producing or supplying (3) by redesignating paragraph (2) as para- underride guards. graph (3) and by inserting after paragraph (1) poses; which was ordered to lie on the table; as follows: the following: SA 2189. Mrs. GILLIBRAND (for her- At the appropriate place in title III of divi- ‘‘(2) WASTEWATER MANAGEMENT MEASURE.— self and Mr. BURR) submitted an sion B, insert the following: For purposes of this section, the term amendment intended to be proposed to ‘wastewater management measure’ means SEC. 230ll. COMMERCIAL DRIVER’S LICENSE any installation or modification of property REQUIREMENT. amendment SA 2137 proposed by Mr. primarily designed to manage wastewater (a) IN GENERAL.—Section 31301(4)(B) of title SCHUMER (for Ms. SINEMA (for herself, (including septic tanks and cesspools) with 49, United States Code, is amended by strik- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- respect to one or more dwelling units.’’. ing ‘‘to transport at least 16 passengers in- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. cluding the driver’’ and inserting ‘‘or used to (c) CLERICAL AMENDMENTS.— TESTER, Ms. MURKOWSKI, Mr. WARNER, (1) The heading for section 136 of such Code transport 9 or more passengers, including the and Mr. ROMNEY)) to the bill H.R. 3684, is amended— driver’’. to authorize funds for Federal-aid high- (b) COMPLETION OF RULEMAKING.—Not later (A) by inserting ‘‘AND WASTE WATER’’ after than 2 years after the date of enactment of ways, highway safety programs, and ‘‘ENERGY’’, and this Act, the Secretary shall complete the transit programs, and for other pur- (B) by striking ‘‘PROVIDED BY PUBLIC UTILI- rulemaking process and issue a final rule poses; which was ordered to lie on the TIES’’. (2) The item relating to section 136 in the with respect to the withdrawn rulemaking table; as follows: table of sections of part III of subchapter B entitled ‘‘State Inspection Programs for Pas- At the appropriate place in division B, in- of chapter 1 of such Code is amended— senger-Carrier Vehicles’’, published in the sert the following: (A) by inserting ‘‘and waste water’’ after Federal Register on April 27, 2016 (81 Fed. SEC. ll. UNDERRIDE GUARDS FOR GENERAL ‘‘energy’’, and Reg. 24769). SERVICES ADMINISTRATION TRUCKS. (B) by striking ‘‘provided by public utili- SA 2187. Mrs. GILLIBRAND sub- ties’’. (a) DEFINITIONS.—In this section: mitted an amendment intended to be (1) REAR UNDERRIDE GUARD.—The term (d) EFFECTIVE DATE.—The amendments proposed to amendment SA 2137 pro- ‘‘rear underride guard’’ means a device in- made by this section shall apply to amounts stalled on or near the rear of a motor vehicle received after December 31, 2018. posed by Mr. SCHUMER (for Ms. SINEMA (for herself, Mr. PORTMAN, Mr. that prevents or limits the distance that the front end of a vehicle striking the rear of the MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, SA 2185. Mrs. GILLIBRAND sub- vehicle with the device will slide under the Ms. COLLINS, Mr. TESTER, Ms. MUR- mitted an amendment intended to be rear of the impacted vehicle. KOWSKI, Mr. WARNER, and Mr. ROMNEY)) proposed to amendment SA 2137 pro- (2) SIDE UNDERRIDE GUARD.—The term ‘‘side to the bill H.R. 3684, to authorize funds posed by Mr. SCHUMER (for Ms. SINEMA underride guard’’ means a device installed on for Federal-aid highways, highway or near the side of a motor vehicle that pre- (for herself, Mr. PORTMAN, Mr. safety programs, and transit programs, vents or limits the distance that the front MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, and for other purposes; which was or- end of a vehicle striking the side of the vehi- Ms. COLLINS, Mr. TESTER, Ms. MUR- dered to lie on the table; as follows: cle with the device will slide under the side KOWSKI, Mr. WARNER, and Mr. ROMNEY)) of the impacted vehicle. In section 23011(c)(1)(B) of title III of divi- to the bill H.R. 3684, to authorize funds (b) PROCUREMENT AND USE OF TRUCKS WITH sion B, strike ‘‘, benefits, and costs’’. for Federal-aid highways, highway UNDERRIDE GUARDS.— (1) IN GENERAL.—Except as provided in safety programs, and transit programs, SA 2188. Mrs. GILLIBRAND sub- and for other purposes; which was or- paragraph (2), the General Services Adminis- mitted an amendment intended to be tration— dered to lie on the table; as follows: proposed to amendment SA 2137 pro- (A) may not purchase a truck, the bottom At the appropriate place, insert the fol- posed by Mr. SCHUMER (for Ms. SINEMA of the carriage of which is more than 22 lowing: (for herself, Mr. PORTMAN, Mr. inches above the ground, unless the truck

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has a rear underride guard and side (A) a community, including a historically (B) DUTIES OF THE DIRECTOR.—The Director underride guards; and disadvantaged community, located in a rural shall— (B) shall require that a truck used under a area; (i) be responsible for engaging in activities contract with the General Services Adminis- (B) a federally recognized Indian Tribe; and to carry out— tration has a rear underride guard and side (C) a historically disadvantaged commu- (I) the mission of the Office described in underride guards. nity located in a Tribal area. paragraph (1); and (2) SAVINGS CLAUSE.—Paragraph (1) shall (b) OFFICE OF RURAL INVESTMENT.— (II) the objectives of the Office described in not apply to any purchase or use of a truck (1) IN GENERAL.—The Secretary shall estab- paragraph (2); required under a contract entered into by lish in the Department, within the Office of (ii) organize, guide, and lead activities the General Services Administration before the Secretary, an Office of Rural Invest- within the Department to address disparities the date of enactment of this Act. ment— in rural transportation infrastructure to im- (A) to improve the analysis of projects pro- prove safety, economic development, and SA 2190. Mr. DURBIN (for himself posed by rural communities applying for dis- quality of life in rural communities and re- and Mr. BLUMENTHAL) submitted an cretionary grants from the Department, in- gions; amendment intended to be proposed to cluding by ensuring that project costs, local (iii) provide information and outreach to resources, and the larger benefits to the peo- rural communities and regions concerning amendment SA 2137 proposed by Mr. the availability and eligibility requirements ple and the economy of the United States are SCHUMER (for Ms. SINEMA (for herself, of participating in programs of the Depart- appropriately considered; Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ment; (B) to ensure that the unique needs and at- (iv) help rural communities and regions— SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. tributes of rural transportation, involving (I) identify competitive economic advan- TESTER, Ms. MURKOWSKI, Mr. WARNER, all modes, are fully addressed and prioritized tages and transportation investments that and Mr. ROMNEY)) to the bill H.R. 3684, during the development and implementation ensure continued economic growth; and to authorize funds for Federal-aid high- of transportation policies, programs, and ac- (II) avoid duplicative transportation in- tivities within the Department; ways, highway safety programs, and vestments; transit programs, and for other pur- (C)(i) to improve coordination of Federal (v) serve as a resource for assisting rural poses; which was ordered to lie on the transportation policies, programs, and ac- communities and regions with respect to table; as follows: tivities within the Department in a manner Federal transportation programs; that expands economic development in rural (vi) identify— At the appropriate place, insert the fol- communities and regions; and lowing: (I) Federal statutes, regulations, and po- (ii) to provide recommendations for im- lices that may impede the Department from SEC. ll. AUTHORIZATION OF AMTRAK TO BRING provement, including additional internal re- supporting effective rural infrastructure A CIVIL ACTION TO ENFORCE ITS alignments; PREFERENCE RIGHTS. projects that address national transpor- (D) to expand Federal transportation infra- tation goals; and (a) IN GENERAL.—Section 24308(c) of title structure investment in rural communities (II) potential measures to solve or mitigate 49, United States Code, is amended by adding and regions, including by providing rec- at the end the following: ‘‘Notwithstanding those issues; ommendations for changes in existing fund- (vii) identify improved, simplified, and sections 24103(a) and 24308(f), Amtrak shall ing distribution patterns; streamlined internal processes to help lim- have the right to bring an action for equi- (E) to use innovation to resolve local and ited-resource rural communities and regions table or other relief in the United States Dis- regional transportation challenges faced by access transportation investments; trict Court for the District of Columbia to rural communities and regions; (viii) recommend changes and initiatives enforce the preference rights granted under (F) to promote and improve planning and for the Secretary to consider; this subsection.’’. coordination among rural communities and (ix) ensure and coordinate a routine rural (b) CONFORMING AMENDMENT.—Section regions to maximize the unique competitive consultation on the development of policies, 24103(a)(1) of title 49, United States Code, is advantage in those locations while avoiding programs, and activities of the Department; amended by inserting ‘‘and section 24308(c)’’ duplicative Federal, State and local invest- (x) serve as an advocate within the Depart- before ‘‘, only the Attorney General’’. ments; and ment on behalf of rural communities and re- (G) to ensure that all rural communities gions; and SA 2191. Mr. DURBIN (for himself and regions lacking resources receive (xi) work in coordination with the Depart- and Mr. BRAUN) submitted an amend- proactive outreach, education, and technical ment of Agriculture, the Department of ment intended to be proposed to assistance to improve access to Federal Health and Human Services, the Department amendment SA 2137 proposed by Mr. transportation programs. of Commerce, the Federal Communications SCHUMER (for Ms. SINEMA (for herself, (2) OBJECTIVES.—The Office shall— Commission, and other Federal agencies, as (A) collect input from knowledgeable enti- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- the Secretary determines to be appropriate, ties and the public on— in carrying out the duties described in SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. (i) the benefits of rural and Tribal trans- clauses (i) through (x). TESTER, Ms. MURKOWSKI, Mr. WARNER, portation projects; (4) CONTRACTS AND AGREEMENTS.—For the and Mr. ROMNEY)) to the bill H.R. 3684, (ii) the technical and financial assistance purpose of carrying out the mission of the to authorize funds for Federal-aid high- required for constructing and operating rural Office under paragraph (1) and the objectives ways, highway safety programs, and and Tribal transportation infrastructure and of the Office under paragraph (2), the Sec- transit programs, and for other pur- services; retary may enter into contracts, cooperative poses; which was ordered to lie on the (iii) barriers and opportunities to funding agreements, and other agreements as nec- table; as follows: rural and Tribal transportation projects; essary, including with research centers, in- (iv) unique transportation barriers and stitutions of higher education, States, units Strike section 25010 of division B and in- challenges facing historically disadvantaged of local government, nonprofit organiza- sert the following: communities in rural and Tribal areas; and tions, or a combination of any of those enti- SEC. 25010. RURAL INVESTMENT. (v) unique environmental transportation ties— (a) DEFINITIONS.—In this section: issues for rural communities and Tribal com- (A) to conduct research on transportation (1) ADVISORY BOARD.—The term ‘‘Advisory munities; investments that promote rural economic Board’’ means the Rural Transportation Ad- (B) evaluate data on rural and Tribal development; visory Board established under subsection transportation challenges and determine (B) to solicit information in the develop- (d)(1). methods to align the discretionary funding ment of policy, programs, and activities of (2) BUILD AMERICA BUREAU.—The term and financing opportunities of the Depart- the Department that can improve infrastruc- ‘‘Build America Bureau’’ means the National ment with the needs of rural communities ture investment and economic development Surface Transportation and Innovative Fi- and Tribal communities for meeting na- in rural communities and regions; nance Bureau established under section 116 tional transportation goals; and (C) to develop educational and outreach of title 49, United States Code. (C) educate rural communities and Tribal materials, including the conduct of work- (3) COUNCIL.—The term ‘‘Council’’ means communities about applicable Department shops, courses, and certified training for the Rural Investment Council established discretionary grants, develop effective meth- rural communities and regions that can fur- under subsection (c)(1). ods to evaluate projects in those commu- ther the mission and objectives of the Office (4) DIRECTOR.—The term ‘‘Director’’ means nities in discretionary grant programs, and and the mission and goals of the Depart- the Director for Rural Investment appointed communicate those methods through pro- ment; and under subsection (b)(3)(A). gram guidance. (D) to carry out any other activities, as de- (5) OFFICE.—The term ‘‘Office’’ means the (3) LEADERSHIP.— termined by the Secretary to be appropriate. Office of Rural Investment established under (A) IN GENERAL.—The Office shall be head- (5) GRANTS.— subsection (b)(1). ed by a Director for Rural Investment who (A) IN GENERAL.—For the purpose of car- (6) RURAL COMMUNITY.—The term ‘‘rural shall be appointed by, and report directly to, rying out the mission of the Office under community’’ means— the Secretary. paragraph (1) and the objectives of the Office

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under paragraph (2), the Secretary may (A) an annual report to Congress describ- (A) IN GENERAL.—The Advisory Board shall award competitive grants to an entity de- ing Council activities for the past year and meet not less than twice per year, as deter- scribed in subparagraph (B) to support ex- expected activities for the coming year; mined by the Secretary. panded education, outreach, and technical (B) any recommendations to enhance the (B) INITIAL MEETING.—Not later than 180 assistance to rural communities and regions. effectiveness of Department discretionary days after the date on which the initial (B) ENTITY DESCRIBED.—An entity referred grant programs regarding rural and Tribal members of the Advisory Board are ap- to in subparagraph (A) is a nonprofit organi- infrastructure issues; and pointed under paragraph (2)(C), the Advisory zation or an institution of higher education (C) other guides and reports for relevant Board shall hold the first meeting of the Ad- that has not less than 3 years of experience groups and the public. visory Board. providing meaningful transportation tech- (d) RURAL TRANSPORTATION ADVISORY (4) DUTIES.— nical assistance or advocacy services to rural BOARD.— (A) IN GENERAL.—The Advisory Board communities and regions. (1) IN GENERAL.—The Secretary shall estab- shall— (6) EMPLOYEES.—The Secretary shall en- lish a Rural Transportation Advisory Board (i) advise the Office on issues related to sure that not more than 4 full-time equiva- to consult with and advise the Office. rural needs relating to Federal transpor- lent employees are assigned to the Office. (2) MEMBERSHIP.— tation programs; (c) RURAL INVESTMENT COUNCIL.— (A) IN GENERAL.—The Advisory Board shall (ii) evaluate and review ongoing research (1) IN GENERAL.—The Secretary shall estab- be composed of 15 members, appointed by the activities relating to rural transportation lish a Rural Investment Council— Secretary from among individuals with di- networks, including new and emerging bar- (A) to assist the Secretary in organizing rect experience with rural issues, of whom— riers to economic development and access to the Office; (i) not fewer than 1 shall be a representa- investments; (B) to provide guidance to the Office; tive from an institution of higher education (iii) develop recommendations for any (C) to assist the Director in leading the Of- or extension program; changes to Federal law, regulations, internal fice; and (ii) not fewer than 1 shall be a representa- Department policies or guidance, or other (D) to work with the Office to coordinate tive from an organization promoting busi- measures that would eliminate barriers for rural-related and Tribal-related funding pro- ness and economic development, such as a rural access or improve rural equity in grams and assistance among the modal ad- chamber of commerce, a local government transportation investments; ministrations of the Department. institution, or a planning organization; (iv) examine methods of maximizing the (2) MEMBERSHIP.— (iii) not fewer than 1 shall be a representa- number of opportunities for assistance for (A) IN GENERAL.—The Council shall be com- tive from a financing entity; rural communities and regions under Federal posed of the following officers of the Depart- (iv) not fewer than 1 shall have experience transportation programs, including expanded ment, or their designees: in health, mobility, or emergency services; outreach and technical assistance; (i) The Under Secretary of Transportation (v) not fewer than 1 shall have experience (v) examine methods of encouraging inter- for Policy. in transportation safety; governmental and local resource cooperation (ii) The General Counsel. (vi) not fewer than 1 shall have experience to mitigate duplicative investments in key (iii) The Chief Financial Officer and Assist- with workforce access; rural communities and regions and improve ant Secretary for Budget and Programs. (vii) not fewer than 1 shall have experience the efficiencies in the delivery of Federal (iv) The Assistant Secretary for Research with tourism and recreational activities; transportation programs; and Technology. (viii) not fewer than 1 shall have— (vi) evaluate other methods of creating (v) The Assistant Secretary for Multimodal (I) experience with rural supply chains, new opportunities for rural communities and Freight. such as direct-to-consumer supply chains; regions; and (vi) The Administrators of— and (vii) address any other relevant issues, as (I) the Federal Aviation Administration; (II) wholesale distribution experience; the Secretary determines to be appropriate. (II) the Federal Highway Administration; (ix) not fewer than 1 shall have experience (B) REPORTS.—Not later than 1 year after (III) the Federal Railroad Administration; in emerging or innovative technologies re- the date on which the initial members of the and lating to rural transportation networks; Advisory Board are appointed under para- (IV) the Federal Transit Administration. (x) not fewer than 1 shall have experience graph (2)(C), and every 2 years thereafter (vii) The Executive Director of the Build in food, nutrition, and grocery access; through 2026, the Advisory Board shall sub- America Bureau. (xi) not fewer than 1 shall be actively en- mit to the Secretary and the relevant com- (viii) The Assistant Secretary for Govern- gaged in agriculture, ranching, or forestry; mittees of Congress a report describing the mental Affairs. and recommendations developed under subpara- (B) CHAIR.—The Under Secretary of Trans- (xii) not fewer than 1 shall have experience graph (A)(iii). portation for Policy shall be the Chair of the with historically underserved regions, as de- (5) PERSONNEL MATTERS.— Council. termined by the Secretary. (A) COMPENSATION.—A member of the Advi- (C) ADDITIONAL MEMBERS.—The Secretary (B) REQUIREMENT.—The Secretary shall ap- sory Board shall serve without compensa- or the Chair of the Council may designate point members to the Advisory Board in a tion. additional members to serve on the Council. manner that ensures, to the maximum ex- (B) TRAVEL EXPENSES.—A member of the (3) ADDITIONAL MODAL INPUT.—To address tent practicable, that the geographic and Advisory Board shall be allowed travel ex- issues related to safety and transport of economic diversity of rural communities and penses, including per diem in lieu of subsist- rural and Tribal commodities, the Council regions of the United States are represented. ence, in accordance with section 5703 of title shall consult with the Administrators (or (C) TIMING OF INITIAL APPOINTMENTS.—Not 5, United States Code. their designees) of— later than 180 days after the date of enact- (6) TERMINATION.— (A) the Maritime Administration; ment of this Act, the Secretary shall appoint (A) IN GENERAL.—Subject to subparagraph (B) the Great Lakes St. Lawrence Seaway the initial members of the Advisory Board. (B), the Advisory Board shall terminate on Development Corporation; and (D) PERIOD OF APPOINTMENTS.— the date that is 5 years after the date on (C) the National Highway Traffic Safety (i) IN GENERAL.—Except as provided in which the initial members are appointed Administration. clause (ii), a member of the Advisory Board under paragraph (2)(C). (4) DUTIES.—Members of the Council shall be appointed for a term of 3 years. (B) EXTENSION.—Before the date on which shall— (ii) INITIAL APPOINTMENTS.—Of the mem- the Advisory Board terminates, the Sec- (A) participate in all meetings and rel- bers first appointed to the Advisory Board — retary may renew the Advisory Board for 1 evant Council activities and be prepared to (I) 5, as determined by the Secretary, shall or more 2-year periods. share information relevant to rural and Trib- be appointed for a term of 3 years; (e) AUTHORIZATION OF APPROPRIATIONS.— al transportation infrastructure projects and (II) 5, as determined by the Secretary, There is authorized to be appropriated to issues; shall be appointed for a term of 2 years; and carry out this section $7,000,000 for each of (B) provide guidance and leadership on (III) 5, as determined by the Secretary, fiscal years 2022 through 2026. rural and Tribal transportation infrastruc- shall be appointed for a term of 1 year. --- ture issues and represent the work of the (E) VACANCIES.—Any vacancy on the Advi- Council and the Department on those issues sory Board — SA 2192. Mr. WICKER submitted an to external stakeholders; and (i) shall not affect the power of the Advi- amendment intended to be proposed to (C) recommend initiatives to the Chair of sory Board; and amendment SA 2137 proposed by Mr. the Council to consider, establish, and staff (ii) shall be filled as soon as practicable SCHUMER (for Ms. SINEMA (for herself, any resulting activities or working groups. and in the same manner as the original ap- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (5) MEETINGS.—The Council shall meet bi- pointment. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. monthly. (F) CONSECUTIVE TERMS.—An appointee to ESTER URKOWSKI ARNER (6) WORK PRODUCTS AND DELIVERABLES.— the Advisory Board may serve 1 additional, T , Ms. M , Mr. W , The Council may develop work products or consecutive term if the member is re- and Mr. ROMNEY)) to the bill H.R. 3684, deliverables to meet the goals of the Council, appointed by the Secretary. to authorize funds for Federal-aid high- including— (3) MEETINGS.— ways, highway safety programs, and

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Ms. ERNST submitted an ‘‘The provisions of this chapter shall not SEC. lll. For necessary expenses of ac- amendment intended to be proposed to apply with respect to any Presidential elec- tivities authorized by law for the United amendment SA 2137 proposed by Mr. tion (or any Presidential nominating conven- State Merchant Marine Academy, SCHUMER (for Ms. SINEMA (for herself, tion) after the date of the enactment of this $611,026,400: Provided, That $526,512,000 shall section, or to any candidate in such an elec- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- be provided for construction and contingency tion.’’. SIDY HAHEEN OLLINS purchases, $53,801,200 for design purchases, , Mrs. S , Ms. C , Mr. (B) TRANSFER OF REMAINING FUNDS.— and $30,713,200 for program management pur- TESTER, Ms. MURKOWSKI, Mr. WARNER, (i) IN GENERAL.—Section 9006 of such Code chases regarding United States Merchant and Mr. ROMNEY)) to the bill H.R. 3684, is amended by adding at the end the fol- Marine Academy infrastructure improve- to authorize funds for Federal-aid high- lowing new subsection: ment, which shall be used to recapitalize, ways, highway safety programs, and ‘‘(d) TRANSFER OF FUNDS REMAINING AFTER maintain, and enhance the infrastructure of transit programs, and for other pur- TERMINATION.—The Secretary shall transfer the amounts in the fund as of the date of the the United States Merchant Marine Acad- poses; which was ordered to lie on the emy. enactment of this subsection to the Highway table; as follows: Trust Fund.’’. SA 2193. Ms. ERNST (for herself and At the appropriate place, insert the fol- (ii) CONFORMING AMENDMENT.—Section lowing: Mr. WICKER) submitted an amendment 9503(f) of such Code, as amended by section intended to be proposed to amendment SEC. lll. METAL COMPOSITION OF CERTAIN 80103, is amended by redesignating paragraph COINS. (12) as paragraph (13) and by inserting after CHUMER SA 2137 proposed by Mr. S (for (a) IN GENERAL.—Section 5112(b) of title 31, paragraph (11) the following new paragraph: Ms. SINEMA (for herself, Mr. PORTMAN, United States Code, is amended— ‘‘(12) TRANSFER OF AMOUNTS FROM PRESI- Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA- (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and DENTIAL ELECTION CAMPAIGN FUND.—There is HEEN, Ms. COLLINS, Mr. TESTER, Ms. (2) by adding at the end the following: hereby transferred to the Highway Trust MURKOWSKI, Mr. WARNER, and Mr. ROM- ‘‘(2) Notwithstanding paragraph (1), the Fund the amounts described in section NEY)) to the bill H.R. 3684, to authorize Secretary may prescribe a composition of 9006(d).’’. funds for Federal-aid highways, high- materials in, and a construction of, the half (2) TERMINATION OF ACCOUNT.—Chapter 96 of dollar, quarter dollar, dime, or 5-cent coin way safety programs, and transit pro- subtitle H of such Code is amended by adding that varies from the composition and con- at the end the following new section: grams, and for other purposes; which struction required under that paragraph ‘‘SEC. 9043. TERMINATION. was ordered to lie on the table; as fol- with respect to the coin (including by using ‘‘The provisions of this chapter shall not lows: different metals in the alloy for the coin apply to any candidate with respect to any Beginning on page 2547, strike line 12 and than those required under that paragraph) if Presidential election after the date of the all that follows through page 2548, line 7, and that action by the Secretary— enactment of this section.’’. insert the following: ‘‘(A) reduces the overall cost of minting (c) CLERICAL AMENDMENTS.— the coin; and (1) The table of sections for chapter 95 of PROCUREMENT, CONSTRUCTION, IMPROVEMENTS, ‘‘(B) does not affect— subtitle H of such Code is amended by adding AND OPERATIONS AND SUPPORT ‘‘(i) the diameter and weight of the coin at the end the following new item: For an additional amount for ‘‘Procure- specified under subsection (a); or ‘‘Sec. 9013. Termination.’’. ment, Construction, Improvements, and Op- ‘‘(ii) the functionality of the coin, includ- (2) The table of sections for chapter 96 of erations and Support’’, $1,229,000,000, to re- ing the electromagnetic signature with re- main available until September 30, 2026: Pro- subtitle H of such Code is amended by adding spect to the acceptance of the coin.’’. at the end the following new item: vided, That of the funds made available (b) TRANSFERS OF SAVINGS TO THE HIGHWAY ‘‘Sec. 9043. Termination.’’. under this heading in this Act— TRUST FUND.—Section 9503(b) of the Internal (1) $131,500,000 shall be for housing, family Revenue Code of 1986 is amended by inserting SA 2196. Mr. BARRASSO submitted support, safety, and training facilities, as de- after paragraph (2) the following new para- scribed in the Coast Guard Fiscal Year 2022 an amendment intended to be proposed graph: to amendment SA 2137 proposed by Mr. Unfunded Priorities List submitted to Con- ‘‘(3) SAVINGS FROM METAL COMPOSITION OF CHUMER INEMA gress on June 29, 2021; COINS.—There are hereby appropriated to the S (for Ms. S (for herself, (2) $158,000,000 shall be for shore construc- Highway Trust Fund amounts equivalent to Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- tion addressing facility deficiencies, as de- cost savings achieved as a result of alter- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. scribed in the Coast Guard Fiscal Year 2022 nation in the composition or construction of TESTER, Ms. MURKOWSKI, Mr. WARNER, Unfunded Priorities List submitted to Con- coins pursuant to section 5112(b)(2) of title and Mr. ROMNEY)) to the bill H.R. 3684, gress on June 29, 2021; 31, United States Code.’’. to authorize funds for Federal-aid high- (3) $19,500,000 shall be for shore construc- tion supporting operational assets and mari- ways, highway safety programs, and SA 2195. Ms. ERNST submitted an transit programs, and for other pur- time commerce, as described in the Coast amendment intended to be proposed to Guard Fiscal Year 2022 Unfunded Priorities poses; which was ordered to lie on the List submitted to Congress on June 29, 2021; amendment SA 2137 proposed by Mr. table; as follows: (4) $120,000,000 shall be for construction and SCHUMER (for Ms. SINEMA (for herself, At the end of subtitle E of title III of divi- improvement of childcare development cen- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- sion D, add the following: ters; and SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. SEC. 4034l. AMERICAN CRITICAL MINERAL INDE- (5) $800,000,000 shall be for the remaining TESTER, Ms. MURKOWSKI, Mr. WARNER, PENDENCE. items on the Coast Guard Fiscal Year 2022 and Mr. ROMNEY)) to the bill H.R. 3684, (a) DEFINITIONS.—In this section: Unfunded Priorities List submitted to Con- to authorize funds for Federal-aid high- (1) BYPRODUCT.—The term ‘‘byproduct’’ has gress on June 29, 2021 that are not described ways, highway safety programs, and the meaning given the term in section 7002(a) in paragraphs (1), (2), or (3): of the Energy Act of 2020 (30 U.S.C. 1606(a)). On page 2697, strike lines 9 through 23 and transit programs, and for other pur- (2) CRITICAL MINERAL.—The term ‘‘critical insert the following: poses; which was ordered to lie on the mineral’’ has the meaning given the term in For an additional amount for ‘‘Natural Gas table; as follows: section 7002(a) of the Energy Act of 2020 (30 Distribution Infrastructure Safety and Mod- At the appropriate place in division I, in- U.S.C. 1606(a)), except that the term shall ernization Grant Program’’, $200,000,000, to sert the following: not exclude materials described in paragraph remain available until September 30, 2032 for SEC. ll. TERMINATION OF TAXPAYER FINANC- (3)(B)(iii) of that section. the Secretary of Transportation to make ING OF PRESIDENTIAL ELECTION (3) CRITICAL MINERAL PROJECT.—The term competitive grants for the modernization of CAMPAIGNS. ‘‘critical mineral project’’ means a project— natural gas distribution pipelines: Provided, (a) TERMINATION OF DESIGNATION OF INCOME (A) located on— That $40,000,000, to remain available until TAX PAYMENTS.—Section 6096 of the Internal (i) a mining claim, millsite claim, or tun- September 30, 2032, shall be made available Revenue Code of 1986 is amended by adding nel site claim for any locatable mineral; for fiscal year 2022, $40,000,000, to remain at the end the following new subsection: (ii) land open to mineral entry; or available until September 30, 2033, shall be ‘‘(d) TERMINATION.—This section shall not (iii) a Federal mineral lease; and made available for fiscal year 2023, apply to taxable years beginning after De- (B) for the purpose of producing a critical $40,000,000, to remain available until Sep- cember 31, 2020.’’. mineral, including—

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(i) as a byproduct, or a product of a host (3) SCHEDULE FOR PERMITTING PROCESS.— (1) in subsection (a)— mineral, or from tailings; or For any critical mineral project for which (A) in paragraph (2)— (ii) through an exploration project with re- the lead agency cannot make the determina- (i) in subparagraph (D)— spect to which the presence of a byproduct is tion described in paragraph (2)(A), at the re- (I) in clause (v)(III), by adding ‘‘or’’ after a reasonable expectation, based on known quest of a project sponsor, the lead agency, the semicolon at the end; mineral companionality, geologic formation, cooperating agencies, and any other agencies (II) by striking clause (vi); and mineralogy, or other factors. involved with the mineral exploration or (III) by redesignating clause (vii) as clause (4) LEAD AGENCY.—The term ‘‘lead agency’’ mine permitting process shall enter into an (vi); and means the agency with primary responsi- agreement with the project sponsor that sets (ii) in subparagraph (E), by striking ‘‘for bility for issuing a mineral exploration or time limits for each part of the permitting domestic commercial use’’ and inserting ‘‘to mine permit for a project. process, including— meet the needs of commercial, government, (5) MINERAL EXPLORATION OR MINE PER- (A) the decision on whether to prepare an academic, and international entities’’; and MIT.—The term ‘‘mineral exploration or mine environmental impact statement or similar (B) by redesignating paragraphs (6) and (7) permit’’ means— analysis required under the National Envi- as paragraphs (8) and (6), respectively, and (A) an authorization of the Bureau of Land ronmental Policy Act of 1969 (42 U.S.C. 4321 moving the paragraphs so as to appear in nu- Management or the Forest Service, as appli- et seq.); merical order; cable, for a premining activity that requires (B) a determination of the scope of any en- (2) in subsection (b)(2)— analysis under the National Environmental vironmental impact statement or similar (A) by striking ‘‘subsection (a)(1)’’ each Policy Act of 1969 (42 U.S.C. 4321 et seq.); analysis required under that Act; place it appears and inserting ‘‘subsection (B) a plan of operations issued by the Bu- (C) the scope of, and schedule for, the base- (b)(1)’’; reau of Land Management or the Forest line studies required to prepare an environ- (B) in subparagraph (B)(viii), by striking Service; and mental impact statement or similar analysis ‘‘subsection (a)(2)(F)’’ and inserting ‘‘sub- (C) a permit for a project located in an required under that Act; section (b)(2)(F)’’; and area for which a hardrock mineral permit or (D) preparation of any draft environmental (C) in subparagraph (D)(vi), by striking lease is available. impact statement or similar analysis re- ‘‘subsection (a)(2)(A)’’ and inserting ‘‘sub- (6) STATE.—The term ‘‘State’’ means— quired under that Act; section (b)(2)(A)’’; (A) a State; (E) preparation of a final environmental (3) in subsection (c)— (B) the District of Columbia; impact statement or similar analysis re- (A) by redesignating paragraphs (1) (C) the Commonwealth of Puerto Rico; quired under that Act; through (5) as subparagraphs (A) through (E), (D) Guam; (F) any consultations required under appli- respectively, and indenting appropriately; (E) American Samoa; cable law; and (F) the Commonwealth of the Northern (G) submission and review of any com- (B) in the matter preceding subparagraph Mariana Islands; and ments required under applicable law; (A) (as so redesignated)— (G) the United States Virgin Islands. (H) publication of any public notices re- (i) by striking ‘‘There are’’ and inserting quired under applicable law; and the following: (b) IMPROVING DOMESTIC PERMITTING PROC- UTHORIZATION OF APPROPRIATIONS.— (I) any final or interim decisions. ‘‘(7) A ESSES.— There are’’; and (4) CONSIDERATIONS.—In carrying out this (1) IN GENERAL.—Notwithstanding any (ii) by striking ‘‘in this section’’ and in- subsection, the lead agency shall consider other provision of law, and except with serting ‘‘under this subsection’’; deferring to, and relying on, baseline data, agreement of the project sponsor, the total (4) in subsection (d)— analyses, and reviews performed by State period for all necessary Federal reviews and (A) by redesignating paragraphs (1) agencies with jurisdiction over the proposed permit consideration for a critical mineral through (6) as paragraphs (2), (3), (5), (6), (7), critical mineral project. project on Federal land reasonably expected and (8), respectively; (5) MEMORANDUM OF AGREEMENT.—The lead to produce critical minerals may not ex- (B) by inserting before paragraph (2) (as so agency with respect to a critical mineral ceed— redesignated) the following: project on Federal land, in consultation with (A) with respect to a project that requires ‘‘(1) ADVANCED NUCLEAR REACTOR.—The an environmental assessment under section any other Federal agency with jurisdiction term ‘advanced nuclear reactor’ has the 102(2)(C) of the National Environmental Pol- over the critical mineral project, shall, on meaning given the term in section 951(b) of icy Act of 1969 (42 U.S.C. 4332(2)(C)), 18 request of the project sponsor, a State or the Energy Policy Act of 2005 (42 U.S.C. months; or local government, an Indian Tribe, or an- 16271(b)).’’; and (B) with respect to a project that requires other entity the lead agency determines ap- (C) by inserting after paragraph (3) (as so an environmental impact statement under propriate, establish a memorandum of agree- redesignated) the following: ment with the project sponsor, a State or that section, 24 months. ‘‘(4) DEPARTMENT.—The term ‘Department’ (2) DETERMINATION UNDER NATIONAL ENVI- local government, an Indian Tribe, or an- means the Department of Energy.’’; RONMENTAL POLICY ACT.— other entity the lead agency determines ap- (5) by moving paragraph (7) of subsection (A) IN GENERAL.—To the extent that the propriate to carry out the activities de- (c) (as designated by paragraph (3)(B)(i)) so National Environmental Policy Act of 1969 scribed in this subsection. as to appear after paragraph (6) of subsection (42 U.S.C. 4321 et seq.) applies to the issuance (6) ADDRESSING PUBLIC COMMENTS.—As part (a) (as redesignated by paragraph (1)(B)); of any mineral exploration or mine permit of the review process of a critical mineral (6) by striking subsection (c); relating to a critical mineral project, the project under the National Environmental (7) by redesignating subsections (a), (b), lead agency may deem the requirements of Policy Act of 1969 (42 U.S.C. 4321 et seq.), the and (d) as subsections (b), (g), and (a), respec- that Act to be satisfied if the lead agency de- lead agency may not address any agency or tively, and moving the subsections so as to termines that a State or Federal agency act- public comments that were not submitted— appear in alphabetical order; and ing under State or Federal law has addressed (A) during a public comment period or con- (8) by inserting after subsection (b) (as so the following factors: sultation period provided during the permit- redesignated) the following: (i) The environmental impact of the action ting process; or ‘‘(c) HA–LEU FOR ADVANCED NUCLEAR RE- to be conducted under the permit. (B) as otherwise required by law. ACTOR DEMONSTRATION PROJECTS.— (ii) Possible alternatives to issuance of the --- ‘‘(1) ACTIVITIES.—Not later than 30 days permit. SA 2197. Mr. BARRASSO submitted after the date of enactment of the Infra- (iii) The relationship between long- and an amendment intended to be proposed structure Investment and Jobs Act, the Sec- short-term uses of the local environment and to amendment SA 2137 proposed by Mr. retary shall initiate activities to make the maintenance and enhancement of long- SCHUMER (for Ms. SINEMA (for herself, available HA–LEU, produced from inven- term productivity. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- tories owned by the Department, for use by (iv) Any irreversible and irretrievable com- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. advanced nuclear reactors, with priority mitment of resources that would be involved TESTER, Ms. MURKOWSKI, Mr. WARNER, given to the awards made pursuant to the in the proposed action. and Mr. ROMNEY)) to the bill H.R. 3684, funding opportunity announcement of the (B) PUBLICATION.—The lead agency shall to authorize funds for Federal-aid high- Department numbered DE–FOA–0002271 for publish a determination under subparagraph Pathway 1, Advanced Reactor Demonstra- (A) not later than 90 days after receipt of an ways, highway safety programs, and tions, with additional HA–LEU to be made application for the permit. transit programs, and for other pur- available to members of the consortium es- (C) VERIFICATION.—The lead agency shall poses; which was ordered to lie on the tablished under subsection (b)(2)(F), as avail- publish a determination that the factors table; as follows: able. under subparagraph (A) have been suffi- At the end of subtitle C of title III of divi- ‘‘(2) OWNERSHIP.—HA–LEU made available ciently addressed and public participation sion D, add the following: under this subsection— has occurred with regard to any authorizing SEC. 40324. HA–LEU FOR ADVANCED NUCLEAR ‘‘(A) shall remain the property of, and title actions before issuing any mineral explo- REACTORS. shall remain with, the Department; and ration or mine permit for a critical mineral Section 2001 of the Energy Act of 2020 (42 ‘‘(B) shall not be subject to the require- project. U.S.C. 16281) is amended— ments of section 3112(d)(2) and 3113 of the

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LEU enriched, deconverted, and fabricated in SERVE. ‘‘(3) QUANTITY.—In carrying out activities the United States; (a) DEFINITIONS.—In this section: under this subsection, the Secretary, to the ‘‘(B) to address nuclear supply chain issues (1) URANIUM RESERVE.—The term ‘‘Uranium maximum extent practicable, shall make in the United States; and Reserve’’ means the uranium reserve oper- available— ‘‘(C) to support strategic nuclear fuel cycle ated pursuant to the program established ‘‘(A) by September 30, 2024, not less than 3 capabilities in the United States. under subsection (b). metric tons of HA–LEU; and ‘‘(3) CONSIDERATIONS.—In carrying out the (2) SECRETARY.—The term ‘‘Secretary’’ ‘‘(B) by December 31, 2025, not less than an program, the Secretary shall consider and, means the Secretary of Energy, acting additional 15 metric tons of HA–LEU. as appropriate, execute— through the Under Secretary for Science and ‘‘(4) FACTORS FOR CONSIDERATION.—In car- ‘‘(A) options to establish, through a com- Energy. rying out activities under this subsection, petitive process, a commercial HA–LEU pro- (b) ESTABLISHMENT.—Not later than 60 days the Secretary shall take into consideration— duction capability of not less than 20 metric after the date of enactment of this Act, the ‘‘(A) options for providing HA–LEU from a tons of HA–LEU per year by— Secretary shall establish a program to oper- stockpile of uranium owned by the Depart- ‘‘(i) December 31, 2026; or ate a uranium reserve comprised of uranium ment (including the National Nuclear Secu- ‘‘(ii) the earliest operationally feasible recovered in the United States in accordance rity Administration), including— date thereafter; with this section. ‘‘(i) fuel that— ‘‘(B) options that provide for an array of (c) PURPOSES.—The purposes of the Ura- ‘‘(I) directly meets the needs of the end- HA–LEU— nium Reserve are— users described in paragraph (1); but ‘‘(i) enrichment levels; (1) to address domestic nuclear supply ‘‘(II) has been previously used or fabricated ‘‘(ii) output levels to meet demand; and chain issues; for another purpose; ‘‘(iii) fuel forms; and (2) to provide assurance of the availability ‘‘(ii) fuel that can meet the needs of the ‘‘(C) options to establish, through a com- of uranium recovered in the United States in end-users described in paragraph (1) after re- petitive process, a HA–LEU Bank— the event of a supply disruption; and moving radioactive or other contaminants ‘‘(i) to replenish Department stockpiles of (3) to support strategic nuclear fuel cycle that resulted from a previous use or fabrica- material used in carrying out activities capabilities in the United States. tion of the fuel for research, development, under subsection (c); and (d) EXCLUSION.—The Secretary shall ex- demonstration, or deployment activities of ‘‘(ii) after replenishing those stockpiles, to clude from the Uranium Reserve uranium the Department (including activities of the make HA–LEU available to members of the that is recovered in the United States by an National Nuclear Security Administration); consortium established under subsection entity that— ‘‘(iii) fuel from a high-enriched uranium (b)(2)(F). (1) is owned or controlled by the Govern- stockpile, which can be blended with lower ‘‘(4) APPROPRIATIONS.—In addition to ment of the Russian Federation or the Gov- assay uranium to become HA–LEU to meet amounts otherwise made available, there is ernment of the People’s Republic of China; the needs of the end-users described in para- appropriated to the Secretary to carry out or graph (1); and this subsection, out of any amounts in the (2) is organized under the laws of, or other- Treasury not otherwise appropriated, ‘‘(iv) fuel from uranium stockpiles in- wise subject to the jurisdiction of, the Rus- $150,000,000 for each of fiscal years 2022 tended for other purposes, but for which ma- sian Federation or the People’s Republic of through 2031. terial could be swapped or replaced in time China. ‘‘(e) COST RECOVERY.— in such a manner that would not negatively (e) APPROPRIATIONS.—In addition to ‘‘(1) IN GENERAL.—In carrying out activi- impact the missions of the Department; amounts otherwise made available, there is ties under subsections (c) and (d), the Sec- appropriated to the Secretary to carry out ‘‘(B) options for providing HA–LEU from retary shall ensure that any HA–LEU ac- domestically enriched HA–LEU procured by this section, out of any amounts in the quired, provided, or made available under Treasury not otherwise appropriated, the Department through a competitive proc- those subsections for members of the consor- ess pursuant to the HA–LEU Bank estab- $150,000,000 for each of fiscal years 2022 tium established under subsection (b)(2)(F) is through 2031. lished under subsection (d)(3)(C); and subject to cost recovery in accordance with ‘‘(C) options to replenish, as needed, De- subsection (b)(2)(G). SA 2199. Mr. BARRASSO submitted partment stockpiles of uranium made avail- ‘‘(2) AVAILABILITY OF CERTAIN FUNDS.—Not- able pursuant to subparagraph (A) with do- withstanding section 3302 of title 31, United an amendment intended to be proposed mestically enriched HA–LEU procured by the States Code, revenues received from the sale to amendment SA 2137 proposed by Mr. Department through a competitive process or transfer of fuel feed material and other SCHUMER (for Ms. SINEMA (for herself, pursuant to the HA–LEU Bank established activities related to making HA–LEU avail- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- under subsection (d)(3)(C). able pursuant to this section— SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ‘‘(5) LIMITATION.—The Secretary shall not ‘‘(A) shall be available to the Department TESTER, Ms. MURKOWSKI, Mr. WARNER, barter or otherwise sell or transfer uranium for carrying out the purposes of this section, in any form in exchange for services relating and Mr. ROMNEY)) to the bill H.R. 3684, to reduce the need for further appropriations to authorize funds for Federal-aid high- to— for those purposes; and ‘‘(A) the final disposition of radioactive ‘‘(B) shall remain available until expended. ways, highway safety programs, and waste from uranium that is the subject of a ‘‘(f) EXCLUSION.—In carrying out activities transit programs, and for other pur- contract for sale, resale, transfer, or lease under this section, the Secretary shall not poses; which was ordered to lie on the under this subsection; or make available, or provide funding for, ura- table; as follows: ‘‘(B) environmental cleanup activities. nium that is recovered, downblended, con- Strike section 40106 of title I of division D. ‘‘(6) APPROPRIATIONS.—In addition to verted, or enriched by an entity that— amounts otherwise made available, there is ‘‘(1) is owned or controlled by the Govern- SA 2200. Mr. BARRASSO submitted appropriated to the Secretary to carry out ment of the Russian Federation or the Gov- this subsection, out of any amounts in the ernment of the People’s Republic of China; an amendment intended to be proposed Treasury not otherwise appropriated, or to amendment SA 2137 proposed by Mr. $200,000,000 for each of fiscal years 2022 ‘‘(2) is organized under the laws of, or oth- SCHUMER (for Ms. SINEMA (for herself, through 2026. erwise subject to the jurisdiction of, the Rus- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ‘‘(7) SUNSET.—The authority of the Sec- sian Federation or the People’s Republic of SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. retary to carry out activities under this sub- China.’’. TESTER, Ms. MURKOWSKI, Mr. WARNER, section shall terminate on the earlier of— and Mr. ROMNEY)) to the bill H.R. 3684, SA 2198. Mr. BARRASSO submitted ‘‘(A) September 30, 2027; and to authorize funds for Federal-aid high- ‘‘(B) the date on which the HA–LEU needs an amendment intended to be proposed of the end-users described in paragraph (1) to amendment SA 2137 proposed by Mr. ways, highway safety programs, and transit programs, and for other pur- can be fully met by commercial enrichers in SCHUMER (for Ms. SINEMA (for herself, poses; which was ordered to lie on the the United States. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ‘‘(d) COMMERCIAL HA–LEU AVAILABILITY.— SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. table; as follows: ‘‘(1) ESTABLISHMENT.—Not later than 180 TESTER, Ms. MURKOWSKI, Mr. WARNER, In section 40106(j) of title I of division D, days after the date of enactment of the In- and Mr. ROMNEY)) to the bill H.R. 3684, add at the end the following: frastructure Investment and Jobs Act, the to authorize funds for Federal-aid high- (9) GENERATION SUBSIDY PROHIBITED.—In Secretary shall establish a program (referred administering the program, the Secretary to in this subsection as the ‘program’) to ac- ways, highway safety programs, and shall ensure, through the issuance of rules celerate the availability of commercially transit programs, and for other pur- and the adoption of practices and by other produced HA–LEU in the United States in poses; which was ordered to lie on the means, and shall certify in connection with accordance with this subsection. table; as follows: any financial commitment under the pro- ‘‘(2) PURPOSES.—The purposes of the pro- At the end of subtitle C of title III of divi- gram, that the benefits of the program, in- gram are— sion D, add the following: cluding any savings in transmission costs, to

VerDate Sep 11 2014 03:44 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00083 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.043 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5612 CONGRESSIONAL RECORD — SENATE August 2, 2021 any transmission provider or transmission to amendment SA 2137 proposed by Mr. and Mr. ROMNEY)) to the bill H.R. 3684, customer do not constitute a subsidy for SCHUMER (for Ms. SINEMA (for herself, to authorize funds for Federal-aid high- electric generation of any form. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ways, highway safety programs, and SA 2201. Mr. BARRASSO submitted SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. transit programs, and for other pur- an amendment intended to be proposed TESTER, Ms. MURKOWSKI, Mr. WARNER, poses; which was ordered to lie on the to amendment SA 2137 proposed by Mr. and Mr. ROMNEY)) to the bill H.R. 3684, table; as follows: SCHUMER (for Ms. SINEMA (for herself, to authorize funds for Federal-aid high- At the end of title VIII of division D, add the following: Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ways, highway safety programs, and transit programs, and for other pur- SEC. 408lll. DETECTION, IDENTIFICATION, SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. AND MITIGATION OF TREE SPIKING TESTER, Ms. MURKOWSKI, Mr. WARNER, poses; which was ordered to lie on the DEVICES ON FEDERAL LAND. and Mr. ROMNEY)) to the bill H.R. 3684, table; as follows: (a) SHORT TITLE.—This section may be to authorize funds for Federal-aid high- At the end of title II of division D, add the cited as the ‘‘Tree Spiking Mitigation Act’’. ways, highway safety programs, and following: (b) DEFINITIONS.—In this section: (1) FEDERAL LAND.—The term ‘‘Federal transit programs, and for other pur- SEC. 402ll. DEFINITION OF CRITICAL MINERAL. Section 7002(a)(3)(B) of the Energy Act of land’’ means— poses; which was ordered to lie on the (A) National Forest System land; and 2020 (30 U.S.C. 1606(a)(3)(B)) is amended by table; as follows: (B) land under the jurisdiction of the Sec- striking clause (i) and inserting the fol- In section 40106(d)(4) of title I of division D, retary of the Interior, acting through the Di- lowing: strike subparagraph (B). rector of the Bureau of Land Management. ‘‘(i) fuel minerals (other than fuel minerals In section 40106(d)(4) of title I of division D, (2) SECRETARIES.—The term ‘‘Secretaries’’ that have 1 or more non-fuel uses that are redesignate subparagraph (C) as subpara- means each of— essential to economic and national secu- graph (B). (A) the Secretary of Agriculture, acting rity);’’. through the Chief of the Forest Service; and SA 2202. Mr. BARRASSO submitted (B) the Secretary of the Interior, acting an amendment intended to be proposed SA 2205. Mr. BARRASSO submitted through the Director of the Bureau of Land to amendment SA 2137 proposed by Mr. an amendment intended to be proposed Management. SCHUMER (for Ms. SINEMA (for herself, to amendment SA 2137 proposed by Mr. (3) TREE SPIKING DEVICE.—The term ‘‘tree Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- SCHUMER (for Ms. SINEMA (for herself, spiking device’’ means any tree spiking de- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- vice described in section 1864(d)(3) of title 18, TESTER, Ms. MURKOWSKI, Mr. WARNER, SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. United States Code. (c) AUTHORIZED ACTIVITIES.— and Mr. ROMNEY)) to the bill H.R. 3684, TESTER, Ms. MURKOWSKI, Mr. WARNER, (1) IN GENERAL.—The Secretaries, acting in to authorize funds for Federal-aid high- and Mr. ROMNEY)) to the bill H.R. 3684, coordination, shall take necessary actions to ways, highway safety programs, and to authorize funds for Federal-aid high- ensure the detection, identification, and, as transit programs, and for other pur- ways, highway safety programs, and the Secretaries determine to be appropriate, poses; which was ordered to lie on the transit programs, and for other pur- mitigation of tree spiking devices located on table; as follows: poses; which was ordered to lie on the Federal land. In section 40106(d)(4) of title I of division D, table; as follows: (2) PRIORITIZATION.—For purposes of car- rying out activities under paragraph (1), the strike subparagraph (B). In section 40904(a)(1)(A) of division D, Secretaries shall prioritize areas in which— In section 40106(d)(4) of title I of division D, strike ‘‘1915’’ and insert ‘‘1917’’. (A) incidences of tree spiking devices have redesignate subparagraph (C) as subpara- In section 40904(a)(1)(B) of division D, graph (B). occurred; or strike ‘‘2-year period’’ and insert ‘‘3-year pe- In section 40106(j) of title I of division D, (B) the Secretaries suspect that there are riod’’. add at the end the following: tree spiking devices. (9) GENERATION SUBSIDY PROHIBITED.—In SA 2206. Mr. WICKER (for himself, (3) MEMORANDA OF UNDERSTANDING.—The administering the program, the Secretary Secretaries may enter into memoranda of shall ensure, through the issuance of rules Ms. STABENOW, Mr. INHOFE, and Mr. understanding for carrying out activities on and the adoption of practices and by other CORNYN) submitted an amendment in- Federal land under this subsection. means, and shall certify in connection with tended to be proposed to amendment (4) USE OF EXISTING FUNDS.—Of amounts any financial commitment under the pro- SA 2137 proposed by Mr. SCHUMER (for made available for the Office of the Sec- gram, that the benefits of the program, in- Ms. SINEMA (for herself, Mr. PORTMAN, retary of the Interior and the Office of the cluding any savings in transmission costs, to Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA- Secretary of Agriculture that are not other- any transmission provider or transmission HEEN, Ms. COLLINS, Mr. TESTER, Ms. wise obligated (including amounts made customer do not constitute a subsidy for available under this Act), the Secretaries MURKOWSKI, Mr. WARNER, and Mr. ROM- electric generation of any form. shall use to carry out this subsection NEY)) to the bill H.R. 3684, to authorize $10,000,000, to remain available until Sep- SA 2203. Mr. BARRASSO submitted funds for Federal-aid highways, high- tember 30, 2026. an amendment intended to be proposed way safety programs, and transit pro- (d) UPDATES TO SAFETY GUIDELINES AND to amendment SA 2137 proposed by Mr. grams, and for other purposes; which TRAINING PROTOCOLS.—Not later than 90 days SCHUMER (for Ms. SINEMA (for herself, was ordered to lie on the table; as fol- after the date of enactment of this Act, the Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- lows: Secretaries shall, where appropriate, update safety guidelines and training protocols to SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. On page 331, strike lines 8 through 13 and include the awareness, detection, identifica- TESTER, Ms. MURKOWSKI, Mr. WARNER, insert the following: tion, and mitigation of tree spiking devices. and Mr. ROMNEY)) to the bill H.R. 3684, ‘‘(L) a project described in section 149(b)(5) to authorize funds for Federal-aid high- that does not result in the construction of SA 2208. Mrs. GILLIBRAND sub- ways, highway safety programs, and new capacity; mitted an amendment intended to be transit programs, and for other pur- ‘‘(M) a project that reduces transportation proposed to amendment SA 2137 pro- emissions at port facilities, including poses; which was ordered to lie on the posed by Mr. SCHUMER (for Ms. SINEMA table; as follows: through the advancement of port electrifica- tion; and (for herself, Mr. PORTMAN, Mr. At the end of the amendment, add the fol- ‘‘(N) a project that uses pavement tech- MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, lowing: nologies, including designs, materials, and Ms. COLLINS, Mr. TESTER, Ms. MUR- DIVISION K—POLITICAL INFLUENCE IN practices, that reduce carbon emissions and KOWSKI, Mr. WARNER, and Mr. ROMNEY)) AWARDS transportation emissions, as established by to the bill H.R. 3684, to authorize funds SEC. lll01. POLITICAL INFLUENCE IN AWARDS. the Federal Highway Administration in pol- for Federal-aid highways, highway For each recipient of Federal funding icy guidance consistent with subsection safety programs, and transit programs, under a division of this Act or an amend- (d)(2)(B)(iii). and for other purposes; which was or- ment made by a division of this Act, includ- dered to lie on the table; as follows: ing a grant, loan guarantee, loan, or other Mr. BARRASSO submitted SA 2207. At the end of division G, add the following: award, the head of the agency or Department an amendment intended to be proposed TITLE XII—PEAKER PLANTS awarding the funding shall certify that polit- to amendment SA 2137 proposed by Mr. ical influence did not impact the selection of SEC. 71201. SHORT TITLE. the recipient. SCHUMER (for Ms. SINEMA (for herself, This title may be cited as the ‘‘Promoting Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- Energy Alternatives is Key to Emission Re- SA 2204. Mr. BARRASSO submitted SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ductions Act of 2021’’ or the ‘‘PEAKER Act of an amendment intended to be proposed TESTER, Ms. MURKOWSKI, Mr. WARNER, 2021’’.

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(C) identifies— ‘‘(I)(aa) sold by the taxpayer to an unre- In this title: (i) the total number of hours that the lated person, or (1) APPROPRIATE COMMITTEES OF CON- peaker plant generates electricity during the ‘‘(bb) in the case of a facility which is GRESS.—The term ‘‘appropriate committees year covered by the report; equipped with a metering device which is of Congress’’ means— (ii) the capacity factor of the plant; owned and operated by an unrelated person, (A) the Committee on Finance of the Sen- (iii) the average number of hours that the sold or consumed by the taxpayer, and ate; peaker plant generates electricity each time ‘‘(II) at a minimum, discharged at such (B) the Committee on Energy and Natural that the peaker plant generates electricity; times as a peaker plant within the same Resources of the Senate; and electrical grid load zone would operate to (C) the Committee on Environment and (iv) the percentage of the total number of meet peak electricity demand (as determined Public Works of the Senate; instances in which the peaker plant is start- by the grid operator for such electrical grid), (D) the Committee on Ways and Means of ed that result in the peaker plant generating and the House of Representatives; and electricity for— ‘‘(iii) which is placed in service— (E) the Committee on Energy and Com- (I) not less than 4 hours; ‘‘(I) in a disadvantaged community which merce of the House of Representatives. (II) not less than 8 hours; and is located within— (2) DISADVANTAGED COMMUNITY.—The term (III) not less than 12 hours; and ‘‘(aa) the same census tract as a peaker ‘‘disadvantaged community’’ means a com- (D) identifies, for each day on which the 3 plant, or munity that— air monitors closest to the peaker plant indi- ‘‘(bb) a census tract that is adjacent to a (A) is located in an area with a high con- cate that Federal ozone or particulate mat- census tract in which a peaker plant is lo- centration of individuals who— ter standards have been exceeded, the per- cated, and (i) are members of low- and moderate-in- centage of peak demand met by the peaker ‘‘(II) after December 31, 2021. come households (as defined in section 570.3 plant for the electrical grid load zone served ‘‘(B) SPECIAL RULE.—For purposes of this of title 24, Code of Federal Regulations (or a by the peaker plant. paragraph, a facility shall not be deemed to successor regulation)); (b) COMMUNITY ENGAGEMENT.—In preparing be a qualified renewable energy facility un- (ii) experience high levels of unemploy- a report under subsection (a), the Secretary less the taxpayer demonstrates, to the satis- ment; shall initiate and carry out public engage- faction of the Secretary, that— (iii) face a high rent burden; ment with residents and stakeholders from ‘‘(i) the property described in clause (i) of (iv) face a high energy burden; disadvantaged communities containing a subparagraph (A) is co-located with property (v) have low levels of home ownership; peaker plant. described in clause (ii) of such subparagraph, (vi) have low levels of educational attain- ‘‘(ii) such taxpayer has, with respect to the ment; or SEC. 71204. CREDIT FOR GENERATION AND STOR- AGE OF ENERGY FROM RENEWABLE property described in clause (ii) of such sub- (vii) are members of groups that have his- SOURCES. paragraph, entered into a contract which en- torically experienced discrimination on the (a) IN GENERAL.—Subpart E of part IV of sures that such property operates primarily basis of race or ethnicity; subchapter A of chapter 1 of the Internal to receive, store, and deliver electricity from (B) is burdened by high cumulative envi- Revenue Code of 1986 is amended by inserting any property described in clause (i) of such ronmental pollution or other hazards that after section 48C the following new section: subparagraph, or can lead to negative public health effects; or ‘‘(iii) the property described in clause (ii) (C) is determined to be a disadvantaged ‘‘SEC. 48D. RENEWABLE ENERGY GENERATION AND STORAGE CREDIT. of such subparagraph receives electricity community, an environmental justice com- during periods of typically high production munity, a climate-burdened community, or ‘‘(a) IN GENERAL.—For purposes of section 46, the renewable energy generation and of electricity, as a percentage of the grid an otherwise similarly vulnerable commu- generation mix, from sources described in nity pursuant to any Federal or State-level storage credit for any taxable year is an amount equal to 10 percent of the qualified clause (i) of such subparagraph, as deter- initiative, including any relevant mapping mined by the grid operator for the electrical initiative. investment for such taxable year with re- spect to any qualified renewable energy fa- grid. (3) HIGH ENERGY BURDEN.—The term ‘‘high ‘‘(c) CERTAIN PROGRESS EXPENDITURE energy burden’’ means, with respect to a cility. RULES MADE APPLICABLE.—Rules similar to household, expenditure of the household on ‘‘(b) QUALIFIED INVESTMENT WITH RESPECT TO QUALIFIED RENEWABLE ENERGY FACILI- the rules of subsections (c)(4) and (d) of sec- residential energy costs that equals 6 per- tion 46 (as in effect on the day before the cent or more of the household income. TIES.— ‘‘(1) IN GENERAL.—For purposes of sub- date of the enactment of the Revenue Rec- (4) PEAKER PLANT.—The term ‘‘peaker section (a), the qualified investment with re- onciliation Act of 1990) shall apply for pur- plant’’ means a fossil fuel-fired power plant poses of subsection (a). or unit of a power plant that is run primarily spect to a qualified renewable energy facility for any taxable year is the basis of any quali- ‘‘(d) DEFINITIONS.—The terms ‘disadvan- to meet peak electricity demand, as deter- taged community’ and ‘peaker plant’ have mined by the Secretary, in coordination with fied property placed in service by the tax- payer during such taxable year which is part the same meanings given such term under the Administrator of the Environmental section 71202 of the PEAKER Act of 2021.’’. Protection Agency and the applicable local of a qualified renewable energy facility. (b) CONFORMING AMENDMENTS.— electrical grid operator. ‘‘(2) QUALIFIED PROPERTY.—For purposes of this subsection, the term ‘qualified property’ (1) Section 46 of the Internal Revenue Code (5) SECRETARY.—The term ‘‘Secretary’’ of 1986 is amended— means the Secretary of Energy. means property— ‘‘(A) which is— (A) by striking ‘‘and’’ at the end of para- SEC. 71203. ANNUAL REPORT ON PEAKER PLANTS ‘‘(i) tangible personal property, or graph (5); IN THE UNITED STATES. (B) by striking the period at the end of (a) IN GENERAL.—Not later than 180 days ‘‘(ii) other tangible property (not including paragraph (6) and inserting ‘‘, and’’; and after the date of enactment of this Act, and a building or its structural components), but (C) by adding at the end the following new annually thereafter, the Secretary, in co- only if such property is used as an integral paragraph: ordination with the Administrator of the En- part of the qualified renewable energy facil- ‘‘(7) the renewable energy generation and vironmental Protection Agency, the White ity, House Environmental Justice Advisory ‘‘(B) with respect to which depreciation (or storage credit.’’. Council, the White House Environmental amortization in lieu of depreciation) is al- (2) Section 49(a)(1)(C) of such Code is Justice Interagency Council, the Council on lowable, amended— Environmental Quality, and any other rel- ‘‘(C) which is constructed, reconstructed, (A) by striking ‘‘and’’ at the end of clause evant Federal entity that the Secretary de- erected, installed, or acquired by the tax- (iv); termines to be appropriate, shall submit to payer, and (B) by striking the period at the end of the appropriate committees of Congress a re- ‘‘(D) the original use of which commences clause (v) and inserting ‘‘, and’’; and port that— with the taxpayer. (C) by adding at the end the following new (1) identifies each peaker plant in the ‘‘(3) QUALIFIED RENEWABLE ENERGY FACIL- clause: United States; and ITY.— ‘‘(vi) the basis of any qualified property (2) for each peaker plant identified under ‘‘(A) IN GENERAL.—Subject to subparagraph which is part of a qualified renewable energy paragraph (1)— (B), the term ‘qualified renewable energy fa- facility under section 48D.’’. (A) describes the location of the peaker cility’ means a facility which— (3) Section 50(a)(2)(E) of such Code is plant and related socioeconomic and demo- ‘‘(i) uses solar, wind, low-impact hydro- amended by striking ‘‘or 48C(b)(2)’’ and in- graphic data for that location, including electric (as certified by the Low Impact Hy- serting ‘‘48C(b)(2), or 48D(c)’’. whether the peaker plant is located in or ad- dropower Institute), geothermal, tidal, or (4) The table of sections for subpart E of jacent to a disadvantaged community; wave energy to generate electricity which part IV of subchapter A of chapter 1 of such (B) evaluates the quantity of carbon diox- will be received and stored by property de- Code is amended by inserting after the item ide, nitric oxides, sulfur oxides, fine particu- scribed in clause (ii), relating to section 48C the following new item: late matter (PM2.5), and methane emitted per ‘‘(ii) contains property which receives, unit of electricity generated by the peaker stores, and delivers electricity described in ‘‘48D. Renewable energy generation and stor- plant; clause (i), provided that such electricity is— age credit.’’.

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(c) EFFECTIVE DATE.—The amendments (A) generates renewable energy; and (g) COST SHARING.— made by this subsection shall apply to prop- (B)(i) is colocated with a qualifying energy (1) IN GENERAL.—Except as provided in erty placed in service after December 31, storage facility; or paragraph (2), with respect to each project 2020, under rules similar to the rules of sec- (ii) has entered into a contract described in described in paragraph (1) or (2) of subsection tion 48(m) of the Internal Revenue Code of paragraph (6)(B) with 1 or more qualifying (b) for which a grant is provided under the 1986 (as in effect on the day before the date energy storage facilities. program, the maximum amount provided for of the enactment of the Revenue Reconcili- (8) RENEWABLE ENERGY.—The term ‘‘renew- the project under the program shall not ex- ation Act of 1990). able energy’’ means electricity that is gen- ceed 60 percent of the total cost incurred by SEC. 71205. RENEWABLE ENERGY GRANT PRO- erated by or derived from, as applicable— the applicable eligible entity for, as applica- GRAM. (A) a low-impact hydroelectric facility cer- ble— (a) DEFINITIONS.—In this section: tified by the Low Impact Hydropower Insti- (A) the construction, reconstruction, erec- (1) ELIGIBLE ENTITY.—The term ‘‘eligible tute; tion, installation, or acquisition of the appli- entity’’ means each of the following: (B) solar energy; cable qualifying renewable energy facility or (A) A unit of State or local government. (C) wind energy; qualifying energy storage facility; or (B) A tax-exempt nonprofit organization. (D) geothermal energy; (B) the implementation of the applicable (C) A community-owned energy generation (E) tidal energy; or qualifying community energy proposal. facility or energy storage facility located in (F) wave energy. (2) LOCAL, COMMUNITY-BASED ORGANIZA- a disadvantaged community. (b) ESTABLISHMENT.—Not later than 1 year TIONS AND ENERGY COOPERATIVES.—With re- (D) A community-based energy cooperative after the date of enactment of this Act, the spect to a project described in paragraph (1) or a similar group of individuals within a Secretary shall establish a grant program to that is carried out by, or for which an appli- community who are pursuing an eligible assist eligible entities in— cation is submitted by, a local, community- project described in subsection (d). (1) carrying out projects for the construc- based organization or an energy cooperative, (E) A partnership between— tion, reconstruction, erection, installation, the maximum amount provided for the (i) 1 or more of the entities described in or acquisition of qualifying renewable en- project under the program shall not exceed subparagraphs (A) through (D); and ergy facilities and qualifying energy storage 80 percent of the total cost incurred by the (ii)(I) an electric utility; or facilities; local, community-based organization or en- (II) a private entity. (2) carrying out projects for the implemen- ergy cooperative for the activities described (2) ENERGY STORAGE FACILITY.—The term tation of qualifying community energy pro- in subparagraph (A) or (B) of that paragraph, ‘‘energy storage facility’’ means a facility posals; and as applicable. that receives, stores, and delivers elec- (3) developing and carrying out qualifying (h) COMMUNITY ENGAGEMENT.—In carrying tricity. community energy studies. out this section, the Secretary shall initiate (3) PROGRAM.—The term ‘‘program’’ means (c) APPLICATIONS.—To be eligible to receive and carry out public engagement, particu- the grant program established under sub- a grant under the program, an eligible entity larly with residents and stakeholders from section (b). shall submit to the Secretary an application disadvantaged communities and commu- (4) QUALIFYING COMMUNITY ENERGY PRO- at such time, in such manner, and con- nities in or adjacent to areas with existing POSAL.—The term ‘‘qualifying community taining such information as the Secretary peaker plants identified in a report under energy proposal’’ means a proposal to deploy may require. section 71203(a), to ensure that— and implement renewable energy generation, (d) ELIGIBLE PROJECTS AND QUALIFYING (1)(A) the public has input into the formu- energy storage technology, energy efficiency COMMUNITY ENERGY STUDIES.—The Secretary lation of the program; and upgrades, energy demand management strat- may provide a grant under the program for— egies, or distributed renewable energy re- (1) a project described in subsection (b)(1) (B) based on that input, the program best sources that a qualifying community energy only if each qualifying renewable energy fa- addresses the needs and circumstances of dis- study determines can reduce the runtime of cility and qualifying energy storage facility advantaged communities; and an existing or planned peaker plant or other- to be constructed, reconstructed, erected, in- (2) the public has information relating to wise reduce or replace the need for an exist- stalled, or acquired pursuant to the project the program, including— ing or planned peaker plant. will— (A) the benefits of, and opportunities for, (5) QUALIFYING COMMUNITY ENERGY STUDY.— (A) be located in, or provide a direct and eligible projects under the program; and The term ‘‘qualifying community energy significant benefit to, a disadvantaged com- (B) the ways in which disadvantaged com- study’’ means a study or assessment that— munity that is located within— munities can best use the program to address (A) seeks to identify clean energy strate- (i) the same census tract as an existing or the clean energy goals of those disadvan- gies to reduce the runtime of an existing or planned peaker plant; or taged communities. planned peaker plant or otherwise reduce or (ii) a census tract that is adjacent to a cen- (i) AUTHORIZATION OF APPROPRIATIONS.— replace the need for an existing or planned sus tract in which an existing or planned There is authorized to be appropriated to the peaker plant, including strategies that in- peaker plant is or will be located; and Secretary to carry out the program not more volve— (B) at a minimum, discharge electricity at than $1,000,000,000 for each of fiscal years 2022 (i) renewable energy generation; such times as a peaker plant within the same through 2032. (ii) energy storage technology; electrical grid load zone would operate to --- (iii) energy efficiency upgrades; meet peak electricity demand, as determined SA 2209. Mr. CORNYN (for himself (iv) energy demand management strate- by the operator of the applicable electrical and Mr. LEAHY) submitted an amend- gies; or grid; ment intended to be proposed to (v) distributed renewable energy deploy- (2) a project described in subsection (b)(2) amendment SA 2137 proposed by Mr. only if the qualifying community energy ment; and SCHUMER (for Ms. SINEMA (for herself, (B) is led by or performed in partnership proposal to be implemented pursuant to the project will be implemented in, or provide a Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- with the communities directly impacted by SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. pollution from a peaker plant that is located direct and significant benefit to, a disadvan- taged community that is located within a TESTER, Ms. MURKOWSKI, Mr. WARNER, within the same or an adjacent census tract. census tract described in clause (i) or (ii) of and Mr. ROMNEY)) to the bill H.R. 3684, (6) QUALIFYING ENERGY STORAGE FACILITY.— paragraph (1)(A); and The term ‘‘qualifying energy storage facil- to authorize funds for Federal-aid high- (3) the development and carrying out of a ity’’ means an energy storage facility that— ways, highway safety programs, and qualifying community energy study only if (A) is colocated with a qualifying renew- transit programs, and for other pur- the qualifying community energy study will able energy facility and operates primarily provide for engagement with, and incor- poses; which was ordered to lie on the to receive, store, and deliver renewable en- porate feedback from, each disadvantaged table; as follows: ergy generated by that qualifying renewable community that is located within a census At the end of title VI of division G, insert energy facility; tract described in clause (i) or (ii) of para- the following: (B) has entered into a contract with 1 or graph (1)(A). more qualifying renewable energy facilities Subtitle C—National Cybersecurity (e) TECHNICAL ASSISTANCE GRANTS.—The Preparedness Consortium Act such that the energy storage system oper- Secretary may use amounts appropriated SEC. 70621. SHORT TITLE. ates primarily to receive, store, and deliver under subsection (i) to provide grants to eli- This subtitle may be cited as the ‘‘Na- renewable energy generated by those quali- gible entities for the cost of acquiring tech- fying renewable energy facilities; or nical assistance for the preparation and sub- tional Cybersecurity Preparedness Consor- (C) receives electricity during periods of mission of an application under subsection tium Act of 2021’’. typically high production of renewable en- (c). SEC. 70622. DEFINITIONS. ergy (as a percentage of the grid generation (f) PRIORITY FOR CERTAIN ELIGIBLE ENTI- In this subtitle— mix), as determined by the operator of the TIES.—In evaluating applications submitted (1) the term ‘‘consortium’’ means a group applicable electrical grid. by eligible entities described in subsection primarily composed of nonprofit entities, in- (7) QUALIFYING RENEWABLE ENERGY FACIL- (a)(1)(B), the Secretary shall give priority to cluding academic institutions, that develop, ITY.—The term ‘‘qualifying renewable energy applications submitted by local, community- update, and deliver cybersecurity training in facility’’ means a facility that— based organizations or energy cooperatives. support of homeland security;

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00086 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.051 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5615 (2) the terms ‘‘cybersecurity risk’’ and ‘‘in- SA 2210. Mr. KENNEDY submitted an for Federal-aid highways, highway cident’’ have the meanings given those terms amendment intended to be proposed to safety programs, and transit programs, in section 2209(a) of the Homeland Security amendment SA 2137 proposed by Mr. and for other purposes; which was or- Act of 2002 (6 U.S.C. 659(a)); SCHUMER (for Ms. SINEMA (for herself, dered to lie on the table; as follows: (3) the term ‘‘Department’’ means the De- partment of Homeland Security; and Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- Strike section 23022. (4) the term ‘‘Secretary’’ means the Sec- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. retary of Homeland Security. TESTER, Ms. MURKOWSKI, Mr. WARNER, SA 2213. Mr. BLUMENTHAL (for SEC. 70623. NATIONAL CYBERSECURITY PRE- and Mr. ROMNEY)) to the bill H.R. 3684, himself and Mr. MARKEY) submitted an PAREDNESS CONSORTIUM. to authorize funds for Federal-aid high- amendment intended to be proposed to (a) IN GENERAL.—The Secretary may work ways, highway safety programs, and amendment SA 2137 proposed by Mr. with a consortium to support efforts to ad- transit programs, and for other pur- SCHUMER (for Ms. SINEMA (for herself, dress cybersecurity risks and incidents. poses; which was ordered to lie on the Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (b) ASSISTANCE TO THE NCCIC.—The Sec- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. retary may work with a consortium to assist table; as follows: TESTER, Ms. MURKOWSKI, Mr. WARNER, the national cybersecurity and communica- At the end of division I, add the following: tions integration center of the Department SEC. 90009. EMERGENCY ASSISTANCE THROUGH and Mr. ROMNEY)) to the bill H.R. 3684, (established under section 2209 of the Home- THE COMMUNITY DEVELOPMENT to authorize funds for Federal-aid high- land Security Act of 2002 (6 U.S.C. 659)) to— BLOCK GRANT PROGRAM. ways, highway safety programs, and (1) provide training to State and local first (a) IN GENERAL.—In addition to amounts transit programs, and for other pur- responders and officials specifically for pre- otherwise appropriated, out of any money in poses; which was ordered to lie on the the Treasury of the United States not other- paring for and responding to cybersecurity table; as follows: risks and incidents, in accordance with ap- wise appropriated, there is appropriated to the ‘‘Community Development Fund’’, for Strike section 24205 and insert the fol- plicable law; lowing: (2) develop and update a curriculum uti- necessary expenses related to disaster relief, lizing existing programs and models in ac- long-term recovery, and restoration of infra- SEC. 24205. RULEMAKING TO INSTALL AUTO- structure, housing, and economic revitaliza- MATIC SHUTOFF SYSTEMS AND cordance with such section 2209, for State ROLLAWAY PREVENTION TECH- and local first responders and officials, re- tion in areas in States for which the Presi- dent declared a major disaster under title IV NOLOGY IN MOTOR VEHICLES. lated to cybersecurity risks and incidents; (a) DEFINITIONS.—In this section: (3) provide technical assistance services to of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974 (42 U.S.C. (1) ELECTRIC VEHICLE.— build and sustain capabilities in support of (A) IN GENERAL.—The term ‘‘electric vehi- preparedness for and response to cybersecu- 5170 et seq.) related to Hurricanes Laura, Delta, and Zeta, $1,100,000,000, to remain cle’’ means a vehicle that— rity risks and incidents, including threats of (i) does not include an engine; and terrorism and acts of terrorism, in accord- available until expended, for activities au- thorized under title I of the Housing and (ii) is powered solely by an external source ance with such section 2209; of electricity, solar power, or both. (4) conduct cross-sector cybersecurity Community Development Act of 1974 (42 U.S.C. 5301 et seq.). (B) EXCLUSION.—The term ‘‘electric vehi- training and simulation exercises for enti- cle’’ does not include an electric hybrid vehi- ties, including State and local governments, (b) DEPOSIT OF C-BAND SPECTRUM AUCTION PROCEEDS IN TREASURY.—Section 309(j)(8) of cle that uses a chemical fuel, such as gaso- critical infrastructure owners and operators, line or diesel fuel. and private industry, to encourage commu- the Communications Act of 1934 (47 U.S.C. 309(j)(8)) is amended— (2) KEY.—The term ‘‘key’’ has the meaning nity-wide coordination in defending against given the term in section 571.114 of title 49, and responding to cybersecurity risks and in- (1) in subparagraph (A), by striking ‘‘and (G)’’ and inserting ‘‘(G), and (H)’’; Code of Federal Regulations (or a successor cidents, in accordance with section 2210(c) of regulation). the Homeland Security Act of 2002 (6 U.S.C. (2) in subparagraph (C)(i), by striking ‘‘and (G)’’ and inserting ‘‘(G), and (H)’’; and (3) MANUFACTURER.—The term ‘‘manufac- 660(c)); turer’’ has the meaning given the term in (5) help States and communities develop (3) by adding at the end the following: ‘‘(H) C-BAND AUCTION PROCEEDS.—Notwith- section 30102(a) of title 49, United States cybersecurity information sharing programs, Code. in accordance with section 2209 of the Home- standing subparagraph (A), and except as provided in subparagraph (B), of the proceeds (4) MOTOR VEHICLE.— land Security Act of 2002 (6 U.S.C. 659), for (A) IN GENERAL.—The term ‘‘motor vehi- the dissemination of homeland security in- (including deposits and upfront payments from successful bidders) from the use of a cle’’ has the meaning given the term in sec- formation related to cybersecurity risks and tion 30102(a) of title 49, United States Code. incidents; and system of competitive bidding under this subsection to award licenses in the band of (B) EXCLUSIONS.—The term ‘‘motor vehi- (6) help incorporate cybersecurity risk and cle’’ does not include— incident prevention and response into exist- frequencies between 3700 megahertz and 3980 megahertz (designated by the Commission as (i) a motorcycle or trailer (as those terms ing State and local emergency plans, includ- are defined in section 571.3 of title 49, Code of ing continuity of operations plans. ‘Auction 107’), $1,100,000,000 shall be deposited in the general fund of the Treasury and used Federal Regulations) (or a successor regula- (c) CONSIDERATIONS REGARDING SELECTION for emergency assistance under section tion); OF A CONSORTIUM.—In selecting a consortium (ii) any motor vehicle with a gross vehicle with which to work under this subtitle, the 90009(a) of the Infrastructure Investment and Jobs Act.’’. weight rating of more than 10,000 pounds; or Secretary shall take into consideration the (iii) for purposes of subsection (b), a bat- following: tery electric vehicle. (1) Any prior experience conducting cyber- SA 2211. Mr. BLUMENTHAL sub- mitted an amendment intended to be (b) AUTOMATIC SHUTOFF SYSTEMS FOR security training and exercises for State and MOTOR VEHICLES.— proposed to amendment SA 2137 pro- local entities. (1) FINAL RULE.— (2) Geographic diversity of the members of posed by Mr. SCHUMER (for Ms. SINEMA (A) IN GENERAL.—Not later than 2 years any such consortium so as to cover different (for herself, Mr. PORTMAN, Mr. after the date of enactment of this Act, the regions throughout the United States. MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, Secretary shall issue a final rule amending (d) METRICS.—If the Secretary works with Ms. COLLINS, Mr. TESTER, Ms. MUR- section 571.114 of title 49, Code of Federal a consortium under subsection (a), the Sec- KOWSKI, Mr. WARNER, and Mr. ROMNEY)) Regulations, to require manufacturers to in- retary shall measure the effectiveness of the stall in each motor vehicle that is equipped activities undertaken by the consortium to the bill H.R. 3684, to authorize funds for Federal-aid highways, highway with a keyless ignition device and an inter- under this subtitle. nal combustion engine technology to auto- (e) OUTREACH.—The Secretary shall con- safety programs, and transit programs, matically shut off the motor vehicle after duct outreach to universities and colleges, and for other purposes; which was or- the motor vehicle has idled for the period including historically Black colleges and dered to lie on the table; as follows: designated under subparagraph (B). universities, Hispanic-serving institutions, Strike section 23018. (B) PERIOD DESCRIBED.— Tribal Colleges and Universities, and other (i) IN GENERAL.—The period referred to in minority-serving institutions, regarding op- SA 2212. Mr. BLUMENTHAL sub- subparagraph (A) is the period designated by portunities to support efforts to address cy- mitted an amendment intended to be the Secretary as necessary to prevent carbon bersecurity risks and incidents, by working proposed to amendment SA 2137 pro- monoxide poisoning. with the Secretary under subsection (a). posed by Mr. SCHUMER (for Ms. SINEMA (ii) DIFFERENT PERIODS.—The Secretary SEC. 70624. RULE OF CONSTRUCTION. may designate different periods under clause (for herself, Mr. PORTMAN, Mr. Nothing in this subtitle may be construed (i) for different types of motor vehicles, de- to authorize a consortium to control or di- MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, pending on the rate at which the motor vehi- rect any law enforcement agency in the exer- Ms. COLLINS, Mr. TESTER, Ms. MUR- cle emits carbon monoxide, if— cise of the duties of the law enforcement KOWSKI, Mr. WARNER, and Mr. ROMNEY)) (I) the Secretary determines a different pe- agency. to the bill H.R. 3684, to authorize funds riod is necessary for a type of motor vehicle

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for purposes of section 30111 of title 49, ‘‘(c) LIMITATION ON CAPABILITY OF BEING (ii) ELEMENTS.—In carrying out the study United States Code; and DISABLED.—The motor vehicle safety stand- required under clause (i), the independent (II) requiring a different period for a type ard prescribed under subsection (b) shall re- third party shall— of motor vehicle is consistent with the pre- quire that the system described in that sub- (I) identify technologies and products— vention of carbon monoxide poisoning. section cannot be disabled, overridden, reset, (aa) manufactured for use in passenger (2) DEADLINE.—The rule under paragraph or recalibrated in such a way that the sys- motor vehicles introduced into interstate (1) shall become effective not later than 2 tem will no longer detect the presence of an commerce before the effective date of the years after the date on which the Secretary unattended occupant in the passenger com- rule required by section 30130(b) of title 49, issues such rule. partment of the vehicle and engage a warn- United States Code (as added by subsection (c) PREVENTING MOTOR VEHICLES FROM ing. (a)(1)); and ROLLING AWAY.— ‘‘(d) MEANS.— (bb) that reduce death and injury resulting (1) REQUIREMENT.—Not later than 2 years ‘‘(1) IN GENERAL.—The warning required from vehicular heatstroke, particularly inci- after the date of enactment of this Act, the under the motor vehicle safety standard pre- dents involving children; and Secretary shall issue a final rule amending scribed under subsection (b) shall include a (II) make recommendations for manufac- part 571 of title 49, Code of Federal Regula- distinct auditory and visual warning to no- turers of such technologies and products to tions, to require manufacturers to install tify individuals inside and outside of the pas- undergo a functional safety performance as- technology to prevent movement of motor senger motor vehicle of the presence of an sessment to ensure that the technologies and vehicles equipped with keyless ignition de- unattended occupant, which shall be com- products perform as designed by the manu- vices and automatic transmissions if— bined with an interior haptic warning. facturer under a variety of real-world condi- (A) the transmission of the motor vehicle ‘‘(2) CONSIDERATION.—In developing the tions. is not in the park setting; warning referred to in paragraph (1), the Sec- (3) PUBLICATION; PUBLIC COMMENT.—Not (B) the motor vehicle does not exceed the retary shall also consider including a sec- later than 2 years after the date on which speed determined by the Secretary under ondary additional warning— the Secretary enters into a contract under paragraph (2); ‘‘(A) to notify— paragraph (2)(A), and every 2 years there- (C) the seat belt of the operator of the ‘‘(i) operators that are not in close prox- after, the Secretary shall— motor vehicle is unbuckled; imity to the vehicle; and (A) publish the results of the study re- (D) the service brake of the motor vehicle ‘‘(ii) emergency responders; and quired under paragraph (2)(B) in the Federal is not engaged; and ‘‘(B) to provide the geographical location Register; and (E) the door for the operator of the motor of the passenger motor vehicle in a manner (B) provide a period for public comment of vehicle is open. that allows for an emergency response. not longer than 90 days after the date on (2) DETERMINATION.—The Secretary shall which the results of the study are published ‘‘(e) COMPLIANCE DEADLINE.—The rule determine the maximum speed at which a issued pursuant to subsection (b) shall re- pursuant to subparagraph (A). motor vehicle may be safely locked in place quire full compliance with the motor vehicle (4) CONSUMER INFORMATION.—Not later than under the conditions described in subpara- safety standard prescribed in the rule not 120 days after expiration of the public com- graphs (A), (C), (D), and (E) of paragraph (1) later than 2 years after the date on which ment period described under paragraph (2)(B) to prevent motor vehicle rollaways. the final rule is issued.’’. and on review of the public comments, the (3) DEADLINE.—The rule under paragraph Secretary shall provide information for con- (2) CLERICAL AMENDMENT.—The analysis for (1) shall become effective not later than 2 subchapter II of chapter 301 of title 49, sumers through the website of the National years after the date on which the Secretary United States Code (as amended by section Highway Traffic Safety Administration on issues the rule. 24208(b)), is amended by adding at the end the performance of the technologies and the following: products described in paragraph (2)(B)(ii) to SA 2214. Mr. BLUMENTHAL (for retrofit existing passenger motor vehicles. himself and Mr. MARKEY) submitted an ‘‘30130. Occupant safety.’’. (5) SUBMISSION TO CONGRESS.—On issuance amendment intended to be proposed to (b) STUDY.— of the recommendations required under para- amendment SA 2137 proposed by Mr. (1) DEFINITIONS.—In this subsection: graph (2)(B)(ii)(II), the Secretary shall sub- mit to the Committee on Commerce, SCHUMER (for Ms. SINEMA (for herself, (A) CHILD RESTRAINT SYSTEM.—The term Science, and Transportation of the Senate Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ‘‘child restraint system’’ has the meaning given the term in section 571.213 of title 49, and the Committee on Energy and Commerce SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. Code of Federal Regulations (or a successor of the House of Representatives the study TESTER, Ms. MURKOWSKI, Mr. WARNER, regulation). and recommendations required by paragraph and Mr. ROMNEY)) to the bill H.R. 3684, (B) INDEPENDENT THIRD PARTY.—The term (2)(B)(ii)(II), including any public comment to authorize funds for Federal-aid high- ‘‘independent third party’’ means a person received under paragraph (3)(B). ways, highway safety programs, and that does not receive any direct financial as- transit programs, and for other pur- sistance from a manufacturer (as defined in SA 2215. Mr. THUNE (for himself and poses; which was ordered to lie on the section 30102(a) of title 49, United States Mrs. BLACKBURN) submitted an amend- ment intended to be proposed to table; as follows: Code), that produces or supplies— (i) equipment for the systems mandated in amendment SA 2137 proposed by Mr. Strike section 24222 and insert the fol- section 30130 of title 49, United States Code SCHUMER (for Ms. SINEMA (for herself, lowing: (as added by subsection (a)(1)); or Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- SEC. 24222. SAFETY WARNING FOR OCCUPANTS (ii) child restraint systems. OF HOT CARS. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. (C) PASSENGER MOTOR VEHICLE.—The term TESTER, Ms. MURKOWSKI, Mr. WARNER, (a) OCCUPANT SAFETY.— ‘‘passenger motor vehicle’’ has the meaning (1) IN GENERAL.—Subchapter II of chapter and Mr. ROMNEY)) to the bill H.R. 3684, given the term in section 32101 of title 49, to authorize funds for Federal-aid high- 301 of title 49, United States Code (as amend- United States Code. ed by section 24208(a)), is amended by adding ways, highway safety programs, and (2) INDEPENDENT STUDY.— at the end the following: (A) CONTRACT.—Not later than 90 days transit programs, and for other pur- ‘‘§ 30130. Occupant safety after the date on which a final rule is issued poses; which was ordered to lie on the ‘‘(a) DEFINITIONS.—In this section: pursuant to section 30130(b) of title 49, table; as follows: ‘‘(1) PASSENGER MOTOR VEHICLE.—The term United States Code (as added by subsection Strike section 90008 and insert the fol- ‘passenger motor vehicle’ has the meaning (a)(1)), and every 2 years thereafter, the Sec- lowing: given the term in section 32101. retary shall enter into a contract with an SEC. 90008. 3.1–3.45 GHZ BAND. ‘‘(2) SECRETARY.—The term ‘Secretary’ independent third party to conduct the study (a) IDENTIFICATION AND AUCTION.—The Fed- means the Secretary of Transportation. described under subparagraph (B). eral Communications Commission (referred ‘‘(b) RULEMAKING.—Not later than 2 years (B) STUDY.— to in this section as the ‘‘Commission’’), in after the date of enactment of this section, (i) IN GENERAL.—Under the contract be- consultation with the Assistant Secretary of the Secretary shall issue a final rule pre- tween the Secretary and an independent Commerce for Communications and Informa- scribing a motor vehicle safety standard that third party under subparagraph (A), the tion, shall— requires all new passenger motor vehicles independent third party shall carry out a (1) not later than December 31, 2022, iden- with a gross vehicle weight rating of 10,000 study on retrofitting passenger motor vehi- tify 350 megahertz of electromagnetic spec- pounds or less to be equipped with a system cles introduced into interstate commerce be- trum in the frequencies between 3100 and 3450 that— fore the effective date of the rule required megahertz to be made available for shared ‘‘(1) detects the presence of an unattended pursuant to section 30130(b) of title 49, Federal and non-Federal commercial li- occupant in the passenger compartment of United States Code (as added by subsection censed use, subject to flexible-use service the vehicle; and (a)(1)), with technologies and products that rules that are consistent with the rules for ‘‘(2) engages a warning to reduce death and meet the safety need addressed by the motor the band of frequencies between 3450 and 3550 injury resulting from vehicular heatstroke, vehicle safety standard prescribed under that megahertz established in the Second Report particularly incidents involving children. section. and Order in the matter of Facilitating

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Shared Use in the 3100-3550 MHz Band adopt- ‘‘(ii) DEFINITION.—For purposes of this sub- and any amounts in the Rural Broadband As- ed by the Commission on March 17, 2021 (FCC paragraph, the term ‘net proceeds’, with re- sessment and Deployment Fund that are not 21–32; WT Docket No. 19–348) that permit spect to the use of a system of competitive necessary for reimbursement of the general full-power commercial licensed use of that bidding, means the proceeds remaining after fund of the Treasury for such borrowed band; and subtracting all auction-related expenditures, amounts shall be available to the Commis- (2) not earlier than November 30, 2024, and including— sion for use in accordance with paragraph not later than 10 years after the date of en- ‘‘(I) relocation payments, including accel- (5). actment of this Act, complete a system of erated relocation payments; (5) USE OF AMOUNTS.— ‘‘(II) payments to incumbent licensees for competitive bidding under section 309(j) of (A) ESTABLISHMENT OF PROGRAM OR PRO- the relinquishment of all or a portion of the the Communications Act of 1934 (47 U.S.C. GRAMS.—The Commission shall use the spectrum usage rights of those licensees; 309(j)) to grant new licenses for the spectrum amounts made available under paragraph (4) ‘‘(III) costs associated with the realloca- identified under paragraph (1) of this sub- to establish 1 or more programs that are sep- section. tion of spectrum, whether on an exclusive or arate from, but are coordinated with and (b) TIMING OF AUCTION.—Notwithstanding shared use basis; section 309(j)(7) of the Communications Act ‘‘(IV) relocation or sharing costs, including complement, the high-cost programs to ad- of 1934 (47 U.S.C. 309(j)(7)), the Commission for planning for relocation or sharing; and dress— shall conduct the system of competitive bid- ‘‘(V) bidding credits.’’. (i) gaps that remain in broadband internet ding required under subsection (a)(2) of this (c) DIRECTION AND USE OF RURAL access service coverage in high-cost rural section at a time during the period described BROADBAND ASSESSMENT AND DEPLOYMENT areas despite the operations of the high-cost in that subsection that will maximize the FUND PROCEEDS.— programs; and proceeds generated by the system of com- (1) DEFINITIONS.—In this subsection— (ii) shortfalls in sufficient funding of the petitive bidding. (A) the term ‘‘Commission’’ means the high-cost programs that could adversely af- (c) CLEARING OF SPECTRUM.—Not later than Federal Communications Commission; fect the sustainability of services or reason- 1 year after the date on which the system of (B) the term ‘‘high-cost programs’’ able comparability of rates that are sup- competitive bidding required under sub- means— ported by those programs. section (a)(2) is completed, the President (i) the program for Universal Service Sup- (B) PURPOSES.—In carrying out subpara- shall withdraw or modify any assignment to port for High-Cost Areas set forth under sub- graph (A), the Commission shall use amounts a Federal Government station of the fre- part D of part 54 of title 47, Code of Federal made available under paragraph (4) in an ef- quencies identified under subsection (a)(1) in Regulations, or any successor regulations; ficient and cost-effective manner only— order to accommodate shared Federal and (ii) the Rural Digital Opportunity Fund set (i) for the assessment of, and to provide non-Federal commercial licensed use in ac- forth under subpart J of part 54 of title 47, subsidies in a technology-neutral manner cordance with subsection (a)(1). Code of Federal Regulations, or any suc- through a competitive process (subject to (d) FCC AUCTION AUTHORITY.—Section cessor regulations; weighting preferences for performance qual- 309(j)(11) of the Communications Act of 1934 (iii) the Interstate Common Line Support ity and other service metrics as the Commis- (47 U.S.C. 309(j)(11)) is amended by inserting Mechanism for Rate-of-Return Carriers set sion may find appropriate) to providers for after ‘‘2025’’ the following: ‘‘, and with re- forth under subpart K of part 54 of title 47, support of, deployment of broadband-capable spect to the electromagnetic spectrum iden- Code of Federal Regulations, or any suc- tified under section 90008(a)(1) of the Infra- cessor regulations; infrastructure in high-cost rural areas that structure Investment and Jobs Act, such au- (iv) the Mobility Fund set forth under sub- the Commission determines are unserved by thority shall expire on the date that is 10 part L of part 54 of title 47, Code of Federal fixed terrestrial broadband internet access years after the date of enactment of that Regulations, or any successor regulations; service at a download speed of not less than Act’’. (v) the High Cost Loop Support for Rate-of- 25 megabits per second and an upload speed --- Return Carriers program set forth under sub- of not less than 3 megabits per second (or SA 2216. Mr. THUNE submitted an part M of part 54 of title 47, Code of Federal such higher speed as the Commission may amendment intended to be proposed to Regulations, or any successor regulations; determine appropriate based upon an evolv- amendment SA 2137 proposed by Mr. (vi) the Uniendo a Puerto Rico Fund and ing definition of universal service); and SCHUMER (for Ms. SINEMA (for herself, the Connect USVI Fund set forth under sub- (ii) to assess, and provide subsidies to pro- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- part O of part 54 of title 47, Code of Federal viders to enable providers to sustain, SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. Regulations, or any successor regulations; broadband internet access service in any TESTER, Ms. MURKOWSKI, Mr. WARNER, and rural area in which— (vii) the Rural Broadband Experiments, as (I) not more than 1 provider of fixed terres- and Mr. ROMNEY)) to the bill H.R. 3684, established by the Commission under part 54 trial broadband internet access service oper- to authorize funds for Federal-aid high- of title 47, Code of Federal Regulations; ates; and ways, highway safety programs, and (C) the term ‘‘net proceeds’’ has the mean- (II) the high-cost nature of the area pre- transit programs, and for other pur- ing given the term in subparagraph (H) of cludes the offering of voice service and poses; which was ordered to lie on the section 309(j)(8) of the Communications Act broadband internet access service at rates table; as follows: of 1934 (47 U.S.C. 309(j)(8)), as added by sub- and performance levels available in urban Strike section 60102 and insert the fol- section (b); and areas as determined by the Urban Rate Sur- lowing: (D) the term ‘‘Rural Broadband Assess- vey conducted by the Commission. SEC. 60102. RURAL CONNECTIVITY ADVANCE- ment and Deployment Fund’’ means the fund (C) TRIBAL CONSIDERATIONS.—In distrib- MENT PROGRAM. established under paragraph (2). uting amounts under this paragraph, the (a) SHORT TITLE.—This section may be (2) ESTABLISHMENT OF FUND.—There is es- Commission shall consider the broadband cited as the ‘‘Rural Connectivity Advance- tablished in the Treasury of the United internet access service needs of residents of ment Program Act of 2021’’. States a fund to be known as the ‘‘Rural Tribal lands (as defined in section 54.400 of Broadband Assessment and Deployment (b) DEPOSIT OF SPECTRUM AUCTION PRO- title 47, Code of Federal Regulations, or any Fund’’. CEEDS IN RURAL BROADBAND ASSESSMENT AND successor regulation). DEPLOYMENT FUND.—Section 309(j)(8) of the (3) BORROWING AUTHORITY.— (D) LIMITATIONS.— Communications Act of 1934 (47 U.S.C. (A) IN GENERAL.—With respect to any auc- (i) PROHIBITION ON FUNDING OTHER PRO- 309(j)(8)) is amended— tion described in subparagraph (H)(i) of sec- GRAMS.— (1) in subparagraph (A), by striking ‘‘and tion 309(j)(8) of the Communications Act of (G)’’ and inserting ‘‘(G), and (H)’’; and 1934 (47 U.S.C. 309(j)(8)), as added by sub- (I) IN GENERAL.—The Commission may not (2) by adding at the end the following: section (b), on or after the date on which the use amounts made available under paragraph (4) to fund any program that was not estab- ‘‘(H) CERTAIN PROCEEDS DESIGNATED FOR Commission makes a final determination of RURAL BROADBAND ASSESSMENT AND DEPLOY- the amount of net proceeds that will be de- lished by the Commission under subpara- MENT FUND.— posited in the Rural Broadband Assessment graph (A) of this paragraph, including any ‘‘(i) ASSESSMENT AND DEPLOYMENT SET- and Deployment Fund under such subpara- program established under section 254 of the ASIDE.—Notwithstanding subparagraph (A), graph (H)(i) as a result of that auction, the Communications Act of 1934 (47 U.S.C. 254) in and except as provided in subparagraphs (B), Commission may borrow not more than that effect on the date of enactment of this Act, (D), (E), (F), and (G), 10 percent of the net amount from the Treasury of the United except for using the Universal Service Ad- proceeds from each use of a system of com- States. ministrative Company to administer fund- petitive bidding under this subsection that is (B) REIMBURSEMENT.—The Commission ing. mandated by an Act of Congress and that be- shall reimburse the general fund of the (II) RULE OF CONSTRUCTION.—Nothing in gins on or after the date of enactment of the Treasury, without interest, for any amounts subclause (I) shall be construed to prohibit Rural Connectivity Advancement Program borrowed under subparagraph (A) as funds the Commission from using amounts made Act of 2021 shall be deposited in the Rural are deposited into the Rural Broadband As- available under paragraph (4) to supplement Broadband Assessment and Deployment sessment and Deployment Fund. the provision of support under the high-cost Fund established under subsection (c) of that (4) AVAILABILITY OF AMOUNTS.—Any programs, as authorized under subparagraph Act. amounts borrowed under paragraph (3)(A) (A)(ii) of this paragraph.

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(ii) TRANSPARENCY AND ACCOUNTABILITY FOR (B) AUCTION-SPECIFIC DEPOSIT REPORTS.— (vi) any complaints received by a para- ADDRESSING GAPS IN COVERAGE.—The Com- Not later than 30 days after the date on transit rider; mission shall establish transparency and ac- which the Commission announces the results (vii) rider satisfaction with paratransit countability requirements for amounts made of an auction described in subparagraph services; and available for the purpose set forth in sub- (H)(i) of section 309(j)(8) of the Communica- (viii) after the completion of the pilot pro- paragraph (A)(i) that, at a minimum— tions Act of 1934 (47 U.S.C. 309(j)(8)), as added gram, an assessment by the eligible entity of (I) provide— by subsection (b), the Commission shall pub- its capacity to continue a one-stop program (aa) a process for challenging any initial lish and submit to the Committee on Com- independently. determination by the Commission regarding merce, Science, and Transportation of the (B) PREFERENCE.—The Secretary shall give whether an area is served or unserved; and Senate and the Committee on Energy and preference to entities that— (bb) written public notice on the website of Commerce of the House of Representatives a (i) have comparable data for the year prior the Commission of— report that estimates the amount of net pro- to implementation of the pilot program that (AA) how each challenge under item (aa) ceeds that will be deposited in the Rural can be used by the Secretary and other orga- was decided; and Broadband Assessment and Deployment nizations, such as nonprofit organizations (BB) the reasons of the Commission for Fund under that subparagraph as a result of and advocacy organizations, for research each decision; that auction. purposes; and (II) establish broadband service buildout (7) AUTHORIZATION OF APPROPRIATIONS.— (ii) plan to use agency personnel to imple- milestones and require periodic certification There is authorized to be appropriated to the ment the pilot program. Rural Broadband Assessment and Deploy- (4) APPLICATION.—To be eligible to partici- by funding recipients to ensure compliance ment Fund $42,450,000,000. pate in the pilot program, an eligible entity with the broadband service buildout mile- shall submit to the Secretary an application stones; --- SA 2217. Mr. MENENDEZ submitted at such time, in such manner, and con- (III) establish a maximum buildout time- an amendment intended to be proposed taining such information as the Secretary frame of 4 years beginning on the date on may require, including information on— which funding is provided to a funding re- to amendment SA 2137 proposed by Mr. (A) locations the eligible entity intends to cipient; SCHUMER (for Ms. SINEMA (for herself, Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- allow a stop at, if stops are limited, includ- (IV) establish periodic reporting require- ing— SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ments for funding recipients that identify, at (i) childcare or education facilities; a minimum, the speed of, and technology TESTER, Ms. MURKOWSKI, Mr. WARNER, (ii) pharmacies; used for, the service provided in each area and Mr. ROMNEY)) to the bill H.R. 3684, (iii) grocery stores; and where funding is provided; to authorize funds for Federal-aid high- (iv) bank or ATM locations; (V) establish standard penalties for non- ways, highway safety programs, and (B) methodology for informing the public compliance with the requirements estab- transit programs, and for other pur- of the pilot program; lished under this clause and as may be fur- poses; which was ordered to lie on the (C) vehicles, personnel, and other resources ther prescribed by the Commission; that will be used to implement the pilot pro- (VI) establish procedures for recovery of table; as follows: Beginning on page 1287, strike line 22 and gram; and funds, in whole or in part, from funding re- (D) if the applicant does not intend the cipients in the event of default or non- all that follows through page 1288, line 3, and insert the following: pilot program to apply to the full area under compliance with the requirements estab- the jurisdiction of the applicant, a descrip- lished under this clause and as may be fur- ‘‘(A) $13,434,000,000 for fiscal year 2022; ‘‘(B) $13,719,000,000 for fiscal year 2023; tion of the geographic area in which the ap- ther prescribed by the Commission; and plicant intends the pilot program to apply. (VII) require a funding recipient to— ‘‘(C) $14,079,000,000 for fiscal year 2024; ‘‘(D) $14,374,000,000 for fiscal year 2025; and (5) SELECTION.—The Secretary shall seek to (aa) offer voice service and broadband achieve diversity of participants in the pilot internet access service; and ‘‘(E) $14,742,000,000 for fiscal year 2026. On page 1289, strike lines 3 through 11 and program by selecting a range of eligible enti- (bb) permit a consumer to subscribe to one insert the following: ties that includes at least 5 of each of the type of service described in item (aa) or both ‘‘(D) $450,000,000 for fiscal year 2022, following: types. $463,500,000 for fiscal year 2023, $477,405,000 for (A) An eligible entity that serves an area (iii) TRANSPARENCY AND ACCOUNTABILITY fiscal year 2024, $491,727,150 for fiscal year with a population of 200,000 people or fewer. FOR ADDRESSING SHORTFALLS IN FUNDING.— 2025, and $506,478,965 for fiscal year 2026 shall (B) An eligible entity that serves an area The Commission shall establish trans- be available to provide financial assistance with a population of over 200,000 people. parency and accountability requirements for for services for the enhanced mobility of sen- (C) An eligible entity that provides trans- amounts made available for the purpose set iors and individuals with disabilities under portation for rural communities. forth in subparagraph (A)(ii) that, at a min- section 5310; (6) REPORT.—Not later than 3 months after imum— On page 1317, between lines 18 and 19, insert the conclusion of the first 15 pilot projects (I) establish periodic reporting and certifi- the following: carried out under this subsection, the Sec- cation requirements for funding recipients to SEC. 30lll. ACCESSIBLE TRANSPORTATION IM- retary shall submit to Congress a report on ensure that the funding results in the offer- PROVEMENTS FOR INDIVIDUALS the results of the program, including the fea- ing of voice service and broadband internet WITH DISABILITIES. sibility of developing and implementing one- access service at reasonably comparable (a) ONE-STOP PARATRANSIT PILOT PRO- stop programs for all ADA paratransit serv- rates and performance levels; GRAM.— ices. (II) establish standard penalties for non- (1) IN GENERAL.—Not later than 6 months (7) FUNDING.— compliance with the requirements estab- after the date of enactment of this Act, the (A) FEDERAL SHARE.—The Federal share of lished under this clause and as may be fur- Secretary shall establish a one-stop para- the total cost of a project carried out under ther prescribed by the Commission; transit pilot program. this subsection may not exceed 80 percent. (III) establish procedures for recovery of (2) PURPOSE.—The purpose of the pilot pro- (B) AUTHORIZATION OF APPROPRIATIONS.— funds, in whole or in part, from funding re- gram under this subsection is to develop or There are authorized to be appropriated to cipients in the event of default or non- expand paratransit programs carried out carry out this subsection $75,000,000 for each compliance with the requirements estab- pursuant to the ADA to provide for 1 stop of of fiscal years 2022 through 2026. lished under this clause and as may be fur- at least 15 minutes outside of the vehicle (b) PEDESTRIAN FACILITIES IN THE PUBLIC ther prescribed by the Commission; and during a paratransit trip to prevent long RIGHT-OF-WAY.— (IV) require a funding recipient to— wait times between multiple trips that un- (1) IN GENERAL.—Not later than 180 days (aa) offer voice service and broadband duly limit an individual’s ability to com- after the date of enactment of this Act, the internet access service; and plete essential tasks. Architectural and Transportation Barriers (bb) permit a consumer to subscribe to one (3) ELIGIBLE ENTITIES.— Compliance Board, pursuant to section type of service described in item (aa) or both (A) IN GENERAL.—An entity eligible to par- 502(b)(3) of the Rehabilitation Act of 1973 (29 types. ticipate in the pilot program is a transit U.S.C. 792(b)(3)), shall publish final accessi- (6) REPORTS.— agency that agrees to track and share infor- bility guidelines setting forth minimum (A) ANNUAL AUCTION PROCEEDS DEPLOYMENT mation as the Secretary requires, includ- standards for pedestrian facilities in the pub- REPORT.—Not later than 270 days after the ing— lic right-of-way, including shared use paths. date of enactment of this Act, and not less (i) number of ADA paratransit trips con- (2) ADOPTION OF REGULATIONS.—Not later frequently than annually thereafter until all ducted each year; than 180 days after the establishment of the amounts have been distributed, the Commis- (ii) requested time of each paratransit trip; guidelines pursuant to paragraph (1), the sion shall publish and submit to the Com- (iii) scheduled time of each paratransit Secretary shall issue such regulations as are mittee on Commerce, Science, and Transpor- trip; necessary to adopt such guidelines. tation of the Senate and the Committee on (iv) actual pickup time for each para- (c) REPORTING ACCESSIBILITY COM- Energy and Commerce of the House of Rep- transit trip; PLAINTS.— resentatives a report on the distribution of (v) average length of a stop in the middle (1) IN GENERAL.—The Secretary shall en- amounts made available under paragraph (4). of a ride as allowed by this section; sure that an individual who believes that he

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00090 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.056 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5619 or she or a specific class of individuals has (ii) health care facilities; program, the Secretary shall ensure that been subjected to discrimination on the basis (iii) child care services; methodology is open source. of disability by a public entity may, by him- (iv) educational and workforce training fa- (8) AVAILABILITY.—The Secretary shall self or herself or by an authorized represent- cilities; make an accessibility data set under the ative, easily file a complaint with the De- (v) affordable housing; pilot program available to— partment. Not later than 1 year after the (vi) food sources; and (A) units of local government within the date of enactment of this Act, the Secretary (vii) connections between modes, including jurisdiction of the eligible entity partici- shall implement procedures that allow an in- connections to— pating in the pilot program; and dividual to submit a complaint described in (I) high-quality transit or rail service; (B) researchers. the previous sentence by phone, by mail-in (II) safe bicycling corridors; and (9) REPORT.—Not later than 120 days after form, and online through the website of the (III) safe sidewalks that achieve compli- the last date on which the Secretary submits Office of Civil Rights of the Federal Transit ance with applicable requirements of the data sets to the eligible entity under para- Administration. ADA; graph (6), the Secretary shall submit to Con- (2) NOTICE TO INDIVIDUALS WITH DISABIL- (B) disaggregating the level of access by gress a report on the results of the program, ITIES.—Not later than 18 months after the multiple transportation modes by a variety including the feasibility of developing and date of enactment of this Act, the Secretary of population categories, which shall in- providing periodic accessibility data sets for shall require that each public transit pro- clude— all States, regions, and localities. vider and contractor providing paratransit (i) low-income populations; (10) FUNDING.—The Secretary shall carry services shall include on a publicly available (ii) minority populations; out the pilot program using amounts made website of the service provider, any related (iii) age; available to the Secretary for administrative mobile device application, and online serv- (iv) disability such as sensory, cognitive, expenses to carry out programs under the ice— and physical, including wheelchair users; and authority of the Secretary. (A) the telephone number, or a comparable (v) geographical location; and (11) SUNSET.—The pilot program shall ter- electronic means of communication, for the (C) assessing the change in accessibility minate on the date that is 8 years after the disability assistance hotline of the Office of that would result from new transportation date on which the pilot program is imple- Civil Rights of the Federal Transit Adminis- mented. tration; investments. (3) ELIGIBLE ENTITIES.—An entity eligible (e) DEFINITIONS.—In this section: (B) notice that a consumer can file a dis- (1) ADA.—The term ‘‘ADA’’ means the ability-related complaint with the Office of to participate in the pilot program is— (A) a State; Americans with Disabilities Act of 1990 (42 Civil Rights of the Federal Transit Adminis- U.S.C. 12101 et seq.). tration; (B) a metropolitan planning organization; or (2) DEPARTMENT.—The term ‘‘Department’’ (C) an active link to the website of the Of- means the Department of Transportation. fice of Civil Rights of the Federal Transit (C) a rural transportation planning organi- zation. (3) SECRETARY.—The term ‘‘Secretary’’ Administration for an individual to file a means the Secretary of Transportation. disability-related complaint; and (4) APPLICATION.—To be eligible to partici- pate in the pilot program, an entity shall (4) STATE.—The term ‘‘State’’ means each (D) notice that an individual can file a dis- of the several States, the District of Colum- ability-related complaint with the local submit to the Secretary an application at such time, in such manner, and containing bia, and any commonwealth, territory, or transit agency and the process and any possession of the United States. timelines for filing such a complaint. such information as the Secretary may re- quire, including information relating to— (5) TRANSPORTATION NETWORK COMPANY.— (3) INVESTIGATION OF COMPLAINTS.—Not The term ‘‘transportation network com- later than 60 days after the last day of each (A) previous experience of the eligible enti- ty measuring transportation access or other pany’’— fiscal year the Secretary shall publish a re- (A) means a corporation, partnership, sole port that lists the disposition of complaints performance management experience; proprietorship, or other entity, that uses an described in paragraph (1), including— (B) the types of important destinations to online-enabled application or digital net- (A) the number and type of complaints which the eligible entity intends to measure work to connect riders to drivers affiliated filed with Department; access; with the entity in order for the driver to (B) the number of complaints investigated (C) the types of data disaggregation the el- transport the rider using a vehicle owned, by the Department; igible entity intends to pursue; leased, or otherwise authorized for use by (C) the result of the complaints that were (D) a general description of the method- the driver to a point chosen by the rider; and investigated by the Department including ology the eligible entity intends to apply; (B) does not include a shared-expense car- whether the complaint was resolved— and pool or vanpool arrangement that is not in- (i) informally; (E) if the applicant does not intend the (ii) by issuing a violation through a non- pilot program to apply to the full area under tended to generate profit for the driver. the jurisdiction of the applicant, a descrip- --- compliance Letter of Findings; or SA 2218. Mr. MENENDEZ submitted (iii) by other means, which shall be de- tion of the geographic area in which the ap- scribed in detail; and plicant intends the pilot program to apply. an amendment intended to be proposed (D) if a violation was issued for a com- (5) SELECTION.— to amendment SA 2137 proposed by Mr. plaint, whether the Department resolved the (A) IN GENERAL.—The Secretary shall seek SCHUMER (for Ms. SINEMA (for herself, noncompliance by— to achieve diversity of participants in the Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (i) reaching a voluntary compliance agree- pilot program by selecting a range of eligible SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ment with the entity; entities that shall include— TESTER, Ms. MURKOWSKI, Mr. WARNER, (i) States; (ii) referring the matter to the Attorney and Mr. ROMNEY)) to the bill H.R. 3684, (ii) metropolitan planning organizations General; or to authorize funds for Federal-aid high- (iii) by other means, which shall be de- that serve an area with a population of scribed in detail. 200,000 people or fewer; ways, highway safety programs, and (4) REPORT.—Upon implementation of this (iii) metropolitan planning organizations transit programs, and for other pur- subsection, the Secretary shall, to the extent that serve an area with a population of over poses; which was ordered to lie on the practicable, issue a report composed of the 200,000 people; and table; as follows: information collected under this subsection (iv) rural transportation planning organi- At the appropriate place, insert the fol- for the preceding 5 years. zations. lowing: (d) ACCESSIBILITY DATA PILOT PROGRAM.— (B) INCLUSIONS.—The Secretary shall seek SEC. lllll. DISCLOSURE BY PROFESSIONAL (1) IN GENERAL.—Not later than 1 year after to ensure that, among the eligible entities PERSONS SEEKING APPROVAL OF the date of enactment of this Act, the Sec- selected under subparagraph (A) program COMPENSATION UNDER SECTION retary shall establish an accessibility data participants represent— 316 OR 317 OF PROMESA. pilot program. (i) a range of capacity and previous experi- (a) REQUIRED DISCLOSURE.— (2) PURPOSE.—In carrying out the pilot pro- ence with measuring transportation access; (1) IN GENERAL.—In a voluntary case com- gram, the Secretary shall develop or procure and menced under section 304 of PROMESA (48 an accessibility data set and make that data (ii) a variety of proposed methodologies U.S.C. 2164), no attorney, accountant, ap- set available to each eligible entity selected and focus areas for measuring level of access. praiser, auctioneer, agent, consultant, or to participate in the pilot program to im- (6) DUTIES.—For each eligible entity par- other professional person may be com- prove the transportation planning of such el- ticipating in the pilot program, the Sec- pensated under section 316 or 317 of that Act igible entities by— retary shall— (48 U.S.C. 2176, 2177) unless prior to making a (A) measuring the level of access by mul- (A) develop or acquire an accessibility data request for compensation, the professional tiple transportation modes, including trans- set described in paragraph (2); and person has submitted a verified statement portation network companies, to important (B) submit the data set to the eligible enti- conforming to the disclosure requirements of destinations, which may include— ty. rule 2014(a) of the Federal Rules of Bank- (i) jobs, including areas with a concentra- (7) METHODOLOGY.—In calculating the ruptcy Procedure setting forth the connec- tion of available jobs; measures for the data set under the pilot tion of the professional person with—

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00091 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.056 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5620 CONGRESSIONAL RECORD — SENATE August 2, 2021 (A) the debtor; SA 2219. Mr. MENENDEZ (for him- plies is sold before the covered costs for the (B) any creditor; self, Mr. KENNEDY and Mrs. HYDE- property reflect full actuarial rates deter- (C) any other party in interest, including SMITH) submitted an amendment in- mined under the Risk Rating 2.0 method- any attorney or accountant; tended to be proposed to amendment ology (or any substantially similar method- (D) the Financial Oversight and Manage- ology), that limitation shall remain in effect SA 2137 proposed by Mr. SCHUMER (for ment Board established in accordance with for each year until the year in which those section 101 of PROMESA (48 U.S.C. 2121); and Ms. SINEMA (for herself, Mr. PORTMAN, full actuarial rates takes effect. (E) any person employed by the Oversight Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA- (c) RULE OF CONSTRUCTION.—Nothing in Board described in subparagraph (D). HEEN, Ms. COLLINS, Mr. TESTER, Ms. subsection (b) may be construed as prohib- (2) OTHER REQUIREMENTS.—A professional MURKOWSKI, Mr. WARNER, and Mr. ROM- iting the Administrator from reducing, in person that submits a statement under para- NEY)) to the bill H.R. 3684, to authorize any year, the amount of any covered cost, as graph (1) shall— funds for Federal-aid highways, high- compared with the amount of the covered (A) supplement the statement with any ad- way safety programs, and transit pro- cost during the previous year. ditional relevant information that becomes grams, and for other purposes; which (d) AVERAGE HISTORICAL LOSS YEAR.—Sec- known to the person; and was ordered to lie on the table; as fol- tion 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015) is amended by striking (B) file annually a notice confirming the lows: accuracy of the statement. subsection (h) and inserting the following: At the appropriate place, insert the fol- (b) REVIEW.— ‘‘(h) RULE OF CONSTRUCTION.—For purposes lowing: (1) IN GENERAL.—The United States Trustee of this section, the calculation of an ‘average shall review each verified statement sub- SEC. lll. CAP ON ANNUAL PREMIUM IN- historical loss year’ shall be computed in ac- CREASES. mitted pursuant to subsection (a) and may cordance with generally accepted actuarial (a) DEFINITIONS.—In this section— file with the court comments on such principles.’’. (1) the term ‘‘Administrator’’ means the verified statements before the professionals (e) DISCLOSURE WITH RESPECT TO THE AF- Administrator of the Federal Emergency filing such statements seek compensation FORDABILITY STANDARD.—Section 1308(j) of Management Agency; and under section 316 or 317 of PROMESA (48 the National Flood Insurance Act of 1968 (42 (2) the term ‘‘covered cost’’— U.S.C. 4015(j)) is amended, in the second sen- U.S.C. 2176, 2177). (A) means— tence, by inserting ‘‘and shall include in the (2) OBJECTION.—The United States Trustee (i) the amount of an annual premium with report the number of those exceptions as of may object to compensation applications respect to any policy for flood insurance the date on which the Administrator submits filed under section 316 or 317 of PROMESA under the National Flood Insurance Pro- the report and the location of each policy- (48 U.S.C. 2176, 2177) that fail to satisfy the gram; holder insured under those exceptions, orga- requirements of subsection (e). (ii) any surcharge imposed with respect to nized by county and State’’ after ‘‘of the (3) RIGHT TO BE HEARD.—Each person de- a policy described in clause (i) (other than a Senate’’. scribed in section 1109 of title 11, United surcharge imposed under section 1304(b) of States Code, may appear and be heard on any the National Flood Insurance Act of 1968 (42 SEC. lll. MEANS TESTED AFFORDABILITY issue in a case under this section. U.S.C. 4011(b))), including a surcharge im- VOUCHER. (c) JURISDICTION.—The district courts of posed under section 1308A(a) of that Act (42 (a) IN GENERAL.—Chapter I of the National the United States shall have jurisdiction of U.S.C. 4015a(a)); and Flood Insurance Act of 1968 (42 U.S.C. 4011 et all cases under this section. (iii) a fee described in paragraph (1)(B)(iii) seq.) is amended by adding at the end the fol- (d) RETROACTIVITY.— or (2) of section 1307(a) of the National Flood lowing: (1) IN GENERAL.—If a court has entered an Insurance Act of 1968 (42 U.S.C. 4014(a)); and ‘‘SEC. 1326. AFFORDABILITY ASSISTANCE. order approving compensation under a case (B) does not include any cost associated ‘‘(a) AFFORDABILITY ASSISTANCE FUND.— commenced under section 304 of PROMESA with the purchase of insurance under section ‘‘(1) ESTABLISHMENT.—The Administrator (48 U.S.C. 2164), each professional person sub- 1304(b) of the National Flood Insurance Act shall establish in the Treasury of the United ject to the order shall file a verified state- of 1968 (42 U.S.C. 4011(b)), including any sur- States an Affordability Assistance Fund (re- ment in accordance with subsection (a) not charge that relates to insurance purchased ferred to in this section as the ‘Fund’), which later than 60 days after the date of enact- under such section 1304(b). shall be— ment of this Act. (b) LIMITATION ON INCREASES.— ‘‘(A) an account separate from any other (2) NO DELAY.—A court may not delay any (1) LIMITATION.— accounts or funds available to the Adminis- proceeding in connection with a case com- (A) IN GENERAL.—During the 5-year period trator; and menced under section 304 of PROMESA (48 beginning on the date of enactment of this ‘‘(B) available without fiscal year limita- U.S.C. 2164) pending the filing of a verified Act, notwithstanding section 1308(e) of the tion. statement under paragraph (1). National Flood Insurance Act of 1968 (42 ‘‘(2) USE OF FUNDS.—Amounts from the (e) LIMITATION ON COMPENSATION.— U.S.C. 4015(e)), and subject to subparagraph Fund shall be available to provide financial (1) IN GENERAL.—In a voluntary case com- (B), the Administrator may not, in any year, assistance under subsection (b). menced under section 304 of PROMESA (48 increase the amount of any covered cost by ‘‘(b) FINANCIAL ASSISTANCE.— U.S.C. 2164), in connection with the review an amount that is more than 9 percent, as ‘‘(1) DEFINITIONS.—In this subsection— and approval of professional compensation compared with the amount of the covered ‘‘(A) the term ‘adjusted gross income’ has under section 316 or 317 of PROMESA (48 cost during the previous year, except where the meaning given the term in section 62 of U.S.C. 2176, 2177), the court may deny allow- the increase in the covered cost relates to an the Internal Revenue Code of 1986; ance of compensation for services and reim- exception under paragraph (1)(C)(iii) of such ‘‘(B) the term ‘eligible household’ means a bursement of expenses, accruing after the section 1308(e). household for which— date of the enactment of this Act of a profes- (B) DECREASE OF AMOUNT OF DEDUCTIBLE OR ‘‘(i) housing expenses exceed 30 percent of sional person if the professional person— INCREASE IN AMOUNT OF COVERAGE.—In the the adjusted gross income of the household (A) has failed to file statements of connec- case of a policyholder described in section in a year; and tions required by subsection (a) or has filed 1308(e)(1)(C)(ii) of the National Flood Insur- ‘‘(ii)(I) the total assets owned by the inadequate statements of connections; ance Act of 1968 (42 U.S.C. 4015(e)(1)(C)(ii)), household are in an amount that is not (B) except as provided in paragraph (3), is the Administrator shall establish a process greater than 220 percent of the median on or after the date of enactment of this Act by which the Administrator determines an household income for the State in which the not a disinterested person, as defined in sec- increase in covered costs for the policyholder household is located; or tion 101 of title 11, United States Code; or that is— ‘‘(II) with respect to a household that has (C) except as provided in paragraph (3), rep- (i) proportional to the relative change in a total household income that is not greater resents, or holds an interest adverse to, the risk based on the action taken by the policy- than 120 percent of the area median income interest of the estate with respect to the holder; and for the area in which the household is lo- matter on which such professional person is (ii) in compliance with subparagraph (A). cated, the amount of premiums, surcharges, employed. (2) NEW RATING SYSTEMS.— and fees for a flood insurance policy provided (2) CONSIDERATIONS.—In making a deter- (A) CLASSIFICATION.—With respect to a under this title in a year for the household mination under paragraph (1), the court may property, the limitation under paragraph (1) exceeds 1 percent of the coverage limit of take into consideration whether the services shall remain in effect for each year until the that policy under section 1306(b); and and expenses are in the best interests of covered costs with respect to the property ‘‘(C) the term ‘housing expenses’ means, creditors and the estate. reflect full actuarial rates, without regard to with respect to a household, the total (3) COMMITTEE PROFESSIONAL STANDARDS.— whether, at any time until the year in which amount that the household spends in a year An attorney or accountant described in sec- those covered costs reflect full actuarial on— tion 1103(b) of title 11, United States Code, rates, the property is rated or classified ‘‘(i) mortgage payments; shall be deemed to have violated paragraph under the Risk Rating 2.0 methodology (or ‘‘(ii) property taxes; (1) if the attorney or accountant violates any substantially similar methodology). ‘‘(iii) homeowners insurance; and section 1103(b) of title 11, United States (B) NEW POLICYHOLDER.—If a property to ‘‘(iv) premiums for flood insurance under Code. which the limitation under paragraph (1) ap- the national flood insurance program.

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00092 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.050 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5621 ‘‘(2) AUTHORITY.— trator under section 1309(a) of the National for Federal-aid highways, highway ‘‘(A) OTHER FINANCIAL ASSISTANCE.—The Flood Insurance Act of 1968 (42 U.S.C. 4016(a)) safety programs, and transit programs, Administrator shall provide a voucher, that were outstanding as of the date of en- and for other purposes; which was or- grant, or premium credit to an eligible actment of this Act, including amounts bor- dered to lie on the table; as follows: household for a year in an amount that, sub- rowed after the date of enactment of this Act ject to subparagraph (B), is equal to the less- that refinance debts that existed before the At the appropriate place, insert the fol- lowing: er of— date of enactment of this Act. ‘‘(i) the difference between— (b) USE OF SAVED AMOUNTS.—There shall be SEC. llll. FEDERAL REQUIREMENTS FOR deposited into the National Flood Mitigation TIFIA ELIGIBILITY AND PROJECT SE- ‘‘(I) the housing expenses of the household LECTION. Fund an amount equal to the interest that for the year; and (a) IN GENERAL.—Section 602(c) of title 23, ‘‘(II) 30 percent of the adjusted gross in- would have accrued on the borrowed United States Code, is amended by adding at come of the household for the year; and amounts during the 5-year period described the end the following: in subsection (a) at the time at which those ‘‘(ii) the cost of premiums for the house- ‘‘(3) PAYMENT AND PERFORMANCE SECU- interest payments would have otherwise hold for flood insurance under the national RITY.— been paid, which, notwithstanding any provi- flood insurance program for the year. ‘‘(A) IN GENERAL.—The Secretary shall en- ‘‘(B) REDUCTION.—The amount of the as- sion of section 1367 of the National Flood In- sure that the design and construction of a sistance provided under subparagraph (A) to surance Act of 1968 (42 U.S.C. 4104d), the Ad- project carried out with assistance under the an eligible household shall be reduced by 1 ministrator shall use to carry out the pro- TIFIA program shall have appropriate pay- percent for each percent that the income of gram established under section 1366 of the ment and performance security, regardless of the eligible household exceeds 120 percent of National Flood Insurance Act of 1968 (42 whether the obligor is a State, local govern- the median household income for the State U.S.C. 4104c). ment, agency or instrumentality of a State (c) NO RETROACTIVE ACCRUAL.—After the 5- in which the property that is the subject of or local government, public authority, or year period described in subsection (a), the the assistance is located. private party. Secretary of the Treasury shall not require ‘‘(3) RELATIONSHIPS WITH OTHER AGENCIES.— ‘‘(B) WRITTEN DETERMINATION.—If payment the Administrator to repay any interest The Administrator may enter into a memo- and performance security is required to be that, but for that subsection, would have ac- randum of understanding with the head of furnished by applicable statute or regula- crued on the borrowed amounts described in any other Federal agency to administer tion, the Secretary may accept such pay- that subsection during that 5-year period. paragraph (2)(A).’’. ment and performance security requirements (b) DIRECT APPROPRIATION.—Out of any applicable to the obligor if the Secretary has money in the Treasury not otherwise appro- SA 2220. Mr. VAN HOLLEN sub- mitted an amendment intended to be made a written determination that the Fed- priated, there is appropriated to the Afford- eral interest with respect to Federal funds ability Assistance Fund established under proposed to amendment SA 2137 pro- and other project risk related to design and section 1326 of the National Flood Insurance posed by Mr. SCHUMER (for Ms. SINEMA construction is adequately protected. Act of 1968, as added by subsection (a) of this (for herself, Mr. PORTMAN, Mr. ‘‘(C) NO DETERMINATION OR APPLICABLE RE- section, $1,000,000,000 for each of fiscal years MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, QUIREMENTS.—If a determination under this 2022 through 2026 to provide financial assist- paragraph has not been made or there are no ance under subsection (b) of such section Ms. COLLINS, Mr. TESTER, Ms. MUR- payment and performance security require- 1326. KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to the bill H.R. 3684, to authorize funds ments applicable to the obligor, the security SEC. ll. COMMUNITY DEVELOPMENT BLOCK under section 3131(b) of title 40 shall be re- GRANT DISASTER RECOVERY PRO- for Federal-aid highways, highway GRAM. quired.’’. safety programs, and transit programs, (b) APPLICABILITY.—The amendments made (a) DIRECT APPROPRIATIONS.—Out of and for other purposes; which was or- amounts in the Treasury not otherwise ap- by this Act shall apply with respect to any propriated, there is appropriated to the dered to lie on the table; as follows: contract entered into on or after the date of ‘‘Community Development Fund’’, for nec- At the appropriate place, insert the fol- enactment of this Act. lowing: essary expenses related to disaster relief, SA 2222. Mr. VAN HOLLEN sub- long-term recovery, and restoration of infra- SEC. lll. STATE SMALL BUSINESS CREDIT INI- structure, housing, and economic revitaliza- TIATIVE. mitted an amendment intended to be tion in areas in States for which the Presi- The State Small Business Credit Initiative proposed to amendment SA 2137 pro- dent declared a major disaster under title IV Act of 2010 (12 U.S.C. 5701 et seq.) is amend- posed by Mr. SCHUMER (for Ms. SINEMA of the Robert T. Stafford Disaster Relief and ed— (for herself, Mr. PORTMAN, Mr. Emergency Assistance Act of 1974 (42 U.S.C. (1) in section 3007(d) (12 U.S.C. 5706(d)), by MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, 5170 et seq.), $25,000,000,000 for fiscal year striking ‘‘the first March 31 to occur after 5 Ms. COLLINS, Mr. TESTER, Ms. MUR- complete 12-month periods after the State is 2021, to remain available until expended, for KOWSKI, Mr. WARNER, and Mr. ROMNEY)) activities authorized under title I of the approved by the Secretary to be a partici- to the bill H.R. 3684, to authorize funds pating State’’ and inserting ‘‘March 31, 2032, Housing and Community Development Act of for Federal-aid highways, highway 1974 (42 U.S.C. 5301 et seq.). except that the Secretary may require the (b) FORMULA.—Notwithstanding section 106 participating State to continue to submit safety programs, and transit programs, of the Housing and Community Development those reports in such form as the Secretary, and for other purposes; which was or- Act of 1974 (42 U.S.C. 5306), amounts appro- in the sole discretion of the Secretary, may dered to lie on the table; as follows: priated under subsection (a) shall be allo- require, on a quarterly or annual basis, until At the appropriate place in division G, in- cated to States as follows: the date that is 10 years after the date on sert the following: (1) One-third shall be allocated to States which the State fully expends the Federal SEC. llllll. FEDERAL CAPITAL REVOLVING based on the dollar amount of claims in the funding allocated to the participating State FUND. State under the National Flood Insurance under the Program’’; and (a) FINDINGS; PURPOSE.— Program established under the National (2) in section 3009(c) (12 U.S.C. 5708(c)), by (1) FINDINGS.—Congress finds that— Flood Insurance Act of 1968 (42 U.S.C. 4001 et striking ‘‘at the end of the 7-year period be- (A) sudden increases in funding for pur- seq.) during the 10-year period preceding the ginning on the date of the enactment of sec- chases of federally owned capital assets are date of enactment of this Act. tion 3003(d)’’ and inserting ‘‘on March 31, difficult to fit within funding available (2) One-third shall be allocated to States 2032, except that the Secretary may continue under discretionary spending limits; based on the number of severe repetitive loss to require and collect reports, as described in (B) failure to recapitalize or replace Fed- properties, as defined in section 1307(h) of the section 3007(d), and to publish the results of eral capital assets on a regular schedule ulti- National Flood Insurance Act of 1968 (42 those reports, until the date that is 90 days mately increases the cost to taxpayers of de- U.S.C. 4014(h)), located in the State. after the date on which the obligation of the livering services; (3) One-third shall be allocated to States last participating State to submit those re- (C) in appendix J, entitled ‘‘Principles of based on the amount of premium rate in- ports terminates’’. Budgeting for Capital Asset Acquisitions’’, of creases for properties located in the State Circular A–11, the Office of Management and under the Risk Rating 2.0 methodology (or SA 2221. Mr. VAN HOLLEN (for him- Budget recommended combining assets in any substantially similar methodology). self, Mr. ROUNDS, and Ms. ERNST) sub- capital acquisition accounts to accommo- SEC. lll. FORBEARANCE ON NFIP INTEREST mitted an amendment intended to be date spikes in funding capital acquisitions; PAYMENTS. proposed to amendment SA 2137 pro- (D) in the document entitled ‘‘Budgeting (a) IN GENERAL.—During the 5-year period posed by Mr. SCHUMER (for Ms. SINEMA for Federal Investment’’ and dated April 15, beginning on the date of enactment of this 2021, the Congressional Budget Office states (for herself, Mr. PORTMAN, Mr. Act, the Secretary of the Treasury may not that there is, ‘‘a budgetary incentive to opt charge the Administrator of the Federal MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, for short-term leases even if they are more Emergency Management Agency (referred to Ms. COLLINS, Mr. TESTER, Ms. MUR- expensive than long-term leases or pur- in this section as the ‘‘Administrator’’) in- KOWSKI, Mr. WARNER, and Mr. ROMNEY)) chases,’’ and identifies a Federal Capital Re- terest on amounts borrowed by the Adminis- to the bill H.R. 3684, to authorize funds volving Fund as a potential solution; and

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00093 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.050 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5622 CONGRESSIONAL RECORD — SENATE August 2, 2021 (E) the document of the Government Ac- (vi) the execution of any capital lease pur- frastructure of the House of Representatives countability Office numbered GAO–14–239 suant to which title does not automatically a request that describes— found that budgeting for federally owned pass to the Federal Government. (i) the eligible agency project proposed to capital assets could be improved by creating (5) FEDERAL FACILITY.—The term ‘‘Federal be carried out by the GSA-affected agency a Government-wide capital acquisition fund facility’’ means a structure on real prop- using the purchase transfer; and with upfront mandatory funding— erty— (ii) with respect to the eligible agency (i) to pay for projects estimated to exceed (A) that has a useful life of not less than 25 project described in clause (i)— a certain total-cost threshold; and years, as determined by the Administrator; (I) each Federal facility proposed to be in- (ii) to be repaid by annual discretionary and cluded; funding provided by agency subcommittee (B) within which 1 or more Federal em- (II) an estimated total cost; and appropriators. ployees or personnel carry out, or are pro- (III) a proposed schedule. (2) PURPOSE.—The purpose of this section posed to carry out, an agency mission. (B) UNAFFECTED AGENCIES.—To be eligible is to improve the means by which the Fed- (6) FUND.—The term ‘‘Fund’’ means the to receive a purchase transfer from the eral Government budgets for expensive, fed- Federal Capital Revolving Fund established Fund, an unaffected agency shall submit to erally owned, civilian facilities by— by subsection (c)(1). each applicable committee of jurisdiction a (A) establishing a mandatory revolving (7) GSA-AFFECTED AGENCY.—The term request that describes— fund to pay the upfront costs of acquiring ‘‘GSA-affected agency’’ means an agency (i) the eligible agency project proposed to those facilities in a manner that ensures that acquires real property through the Gen- be carried out by the unaffected agency that the acquisition costs do not compete eral Services Administration pursuant to using the purchase transfer; and with smaller purchases and operating ex- section 3307 of title 40, United States Code. (ii) with respect to the eligible agency penses for funding under applicable discre- (8) PURCHASE TRANSFER.—The term ‘‘pur- project described in clause (i)— tionary spending limits; and chase transfer’’ means an amount that is— (I) each Federal facility proposed to be in- (B) requiring agencies to use discretionary (A) approved by an appropriations Act to cluded; appropriations to replenish the revolving be transferred from the Fund to a purchasing (II) an estimated total cost; and fund referred to in subparagraph (A) over a agency under subsection (d); and (III) a proposed schedule. several-year period as the agencies use the (B) not less than the amount required (3) APPROVAL.— facilities described in that subparagraph to under subsection (d)(4). (A) NOTICE FOR GSA-AFFECTED AGENCIES.— meet Federal mission needs. (9) PURCHASING AGENCY.—The term ‘‘pur- On approval by the Administrator of a re- (b) DEFINITIONS.—In this section: chasing agency’’ means an agency that re- quest submitted by a GSA-affected agency (1) ADMINISTRATOR.—The term ‘‘Adminis- ceives from the Fund a purchase transfer to under paragraph (2)(A), the Administrator trator’’ means the Administrator of General pay the cost of an eligible agency project. shall submit to Congress a notice of the ap- Services. (c) FEDERAL CAPITAL REVOLVING FUND.— proval in accordance with subsections (b) (2) AGENCY.— (1) ESTABLISHMENT.—There is established and (h) of section 3307 of title 40, United (A) IN GENERAL.—The term ‘‘agency’’ in the Treasury of the United States a fund, States Code. means any agency included in a list under to be known as the ‘‘Federal Capital Revolv- (B) CONGRESS.—On receipt of a request for paragraph (1) or (2) of section 901(b) of title ing Fund’’, consisting of the amounts depos- a purchase transfer from the Fund and the 31, United States Code. ited under paragraph (2), to be administered notice of approval by the Administrator for (B) EXCLUSION.—The term ‘‘agency’’ does by the Administrator. GSA-affected agencies required under sub- not include the Department of Defense. (2) DEPOSITS.—The Secretary of the Treas- paragraph (A), Congress may enact legisla- (3) DISCRETIONARY APPROPRIATIONS.—The ury shall deposit in the Fund— tion— term ‘‘discretionary appropriations’’ has the (A) as soon as practicable after the date of (i) approving the applicable eligible agency meaning given that term in section 250(c) of enactment of this Act, out of any funds in project and the purchase transfer, subject the Balanced Budget and Emergency Deficit the Treasury not otherwise appropriated, to— Control Act of 1985 (2 U.S.C. 900(c)). $10,000,000,000 to capitalize the Fund; and (I) for a request of a GSA-affected agency, (4) ELIGIBLE AGENCY PROJECT.— (B) any amounts received from purchasing subsections (c) and (d) of section 3307 of title (A) IN GENERAL.—The term ‘‘eligible agen- agencies through repayments under sub- 40, United States Code; or cy project’’ means an action by an agency— section (e). (II) for a request of an unaffected agency, (i) to acquire (including any related activ- (3) AVAILABILITY.—Amounts in the Fund any applicable laws (including regulations); ity relating to siting, design, management shall— and and inspection, construction, or commis- (A) be used only for the purpose described (ii) appropriating an amount equal to the sioning, and including all costs associated in paragraph (4)(A); and first repayment amount relating to the ap- with temporary space and the acquisition of (B) remain available until expended. proved eligible agency project. associated furniture, fixtures, and equipment (4) USE OF FUND.—Amounts in the Fund— (C) ADMINISTRATOR.—The Administrator necessary to furnish the Federal facility for (A) shall be available only on approval of a may transfer amounts in the Fund to an initial occupancy) a facility for use by the purchase transfer to a purchasing agency to agency only if— agency as a Federal facility, through— pay the costs of an eligible agency project, in (i) Congress has enacted legislation pursu- (I) purchase; accordance with this section; and ant to subparagraph (B)(i) approving— (II) construction; (B) may not be transferred or repro- (I) the eligible agency project of the agen- (III) manufacture; grammed for any purpose other than the pur- cy; and (IV) lease-purchase; pose specified in subparagraph (A). (II) the purchase transfer; and (V) installment purchase; (d) PURCHASE TRANSFERS.— (ii) the agency has— (VI) outlease-leaseback; (1) DEFINITIONS.—In this subsection: (I) received appropriations pursuant to (VII) exchange; or (A) APPLICABLE COMMITTEE OF JURISDIC- subsection (e)(5) for the first repayment (VIII) modernization by renovation; TION.—The term ‘‘applicable committee of amount; and (ii) to pay to the Administrator an admin- jurisdiction’’, with respect to an unaffected (II) made the first repayment to the Fund istrative fee for each acquisition described in agency, means— in accordance with subsection (e). clause (i), in accordance with subsection (i) the Committee on Appropriations of the (D) SECRETARY OF TREASURY.—The Sec- (d)(8); and Senate; retary of the Treasury, in consultation with (iii) the total cost of which is not less than (ii) the Committee on Appropriations of the Director of the Office of Management $250,000,000. the House of Representatives; and and Budget and the head of the applicable (B) EXCLUSIONS.—The term ‘‘eligible agen- (iii) any other committee of the Senate or purchasing agency, may establish within cy project’’ does not include— the House of Representatives, the approval that purchasing agency new accounts for the (i) an acquisition for resale in the ordinary of which is required for the unaffected agen- purpose of facilitating budgetary and finan- course of agency operations; cy to acquire real property. cial reporting of the transactions authorized (ii) the acquisition of any consumable (B) UNAFFECTED AGENCY.—The term ‘‘unaf- by this section. good, such as operating materials or sup- fected agency’’ means an agency that ac- (4) AMOUNT.—The total amount of a pur- plies; quires real property pursuant to an author- chase transfer shall be not less than an (iii) an activity for normal maintenance or ity other than the General Services Adminis- amount equal to the sum of— repair of real property; tration. (A) the full cost of the relevant eligible (iv) the payment of any salary or other op- (2) REQUESTS.— agency project, which shall be not less than erating expense of an agency; (A) GSA-AFFECTED AGENCIES.—To be eligi- a useful segment of the applicable Federal (v) the provision by an agency to any non- ble to receive a purchase transfer from the facility; and Federal individual or entity of— Fund, a GSA-affected agency shall submit to (B) the administrative fee required to be (I) a grant; the Administrator, the Committees on Ap- paid by the relevant purchasing agency (II) a tax incentive; or propriations and Environment and Public under paragraph (8), as determined by the (III) a Federal credit assistance instru- Works of the Senate, and the Committees on Administrator. ment; or Appropriations and Transportation and In- (5) AVAILABILITY.—

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(A) IN GENERAL.—Subject to subparagraph (7) EXCESS PURCHASE TRANSFER AMOUNTS.— (4) FREQUENCY.—Repayments shall be made (B), a purchase transfer to a purchasing In any fiscal year during which the total under this subsection not less frequently agency— amount of purchase transfers approved to be than annually during the period described in (i) shall remain available until expended; appropriated from the Fund exceeds an paragraph (3). (ii) shall be used solely to pay the costs of amount equal to the lesser of the amount (5) AUTHORIZATION OF APPROPRIATIONS.— an eligible agency project; and available in the Fund and the annual limita- (A) IN GENERAL.—There are authorized to (iii) may not be transferred or repro- tion described in paragraph (6)(B) for that be appropriated to each purchasing agency grammed for any other purpose. fiscal year— such sums as are necessary for the repay- (B) RETURN OF UNUSED AMOUNTS.—Any por- (A) each purchase transfer approved by an ments owed by the purchasing agency to the tion of a purchase transfer that is not nec- appropriations Act for the fiscal year shall Fund under this subsection for each fiscal essary to pay for the total cost of an eligible be reduced by a uniform percentage, to be year during the period— agency project shall be returned to the Fund, calculated by the Administrator in a manner (i) beginning in the first fiscal year during as follows: that ensures that the excess is eliminated; which amounts are transferred from the (i) TIMING.—Any unobligated purchase and Fund to the purchasing agency under sub- transfer amounts shall be returned to the (B) the Administrator may not transfer section (d)(3)(C); and Fund— from the Fund an amount equal to more (ii) ending on the last day of the repay- (I) after the relevant eligible agency than the reduced purchase transfer amount ment period determined for the purchasing project is substantially complete, as deter- calculated under subparagraph (A). agency under paragraph (3). mined by the applicable purchasing agency; (8) ADMINISTRATIVE FEE.—On receipt of a (B) TREATMENT.—The receipt by a pur- and purchase transfer, a purchasing agency shall chasing agency of amounts made available (II) by not later than 2 years after the date pay to the Administrator from the purchase pursuant to subparagraph (A) for a fiscal on which the most recent outlay of funds transfer a 1-time administrative fee in an year shall be considered to be a legal obliga- from the purchase transfer by the purchasing amount equal to not less than 0.03 percent of tion of the purchasing agency during that agency occurred. the total cost of the eligible agency project fiscal year to make a repayment to the Fund (ii) UPWARD ADJUSTMENTS.—If, after the re- that is the subject of the purchase transfer. in accordance with this subsection. turn of unused purchase transfer amounts (e) REPAYMENTS TO FUND.— (f) TREATMENT OF ELIGIBLE AGENCY under clause (i), there occurs an upward ad- (1) AGREEMENT REQUIRED.—As a condition justment to a previously incurred obligation of receiving a purchase transfer from the PROJECTS AND FEDERAL FACILITIES.— for the eligible agency project, the Fund Fund, a purchasing agency shall enter into a (1) DISPOSITION.— shall provide to the applicable purchasing written agreement with the Administrator (A) IN GENERAL.—Disposition of an eligible agency an expenditure transfer for the up- under which the purchasing agency shall agency project and any Federal facility that ward adjustment in an amount equal to the agree to make annual repayments to the is the subject of an eligible agency project lower of— Fund in accordance with this subsection. shall be carried out in accordance with— (I) the amount returned under clause (i); (2) AMOUNT.— (i) applicable laws (including regulations); and (A) IN GENERAL.—Subject to subparagraph and (II) the amount of the upward adjustment (B), the amount of an annual repayment to (ii) this paragraph. to the previously incurred obligation. the Fund by a purchasing agency under this (B) OUTSTANDING REPAYMENT OBLIGA- (6) LIMITATIONS.— subsection shall be an amount equal to the TIONS.—If the disposition of an eligible agen- (A) AVAILABILITY OF AMOUNTS.—Notwith- quotient obtained by dividing— cy project or Federal facility described in standing any appropriations Act making (i) the amount of the purchase transfer subparagraph (A) occurs before the applica- amounts available for a purchase transfer provided to the purchasing agency; by ble purchasing agency has completed the ob- under this subsection, if the amount made (ii) the number of years in the repayment ligation of the purchasing agency to make available to the applicable purchasing agen- period, as determined under paragraph (3). any repayment to the Fund under subsection cy for the first repayment amount relating (B) ADJUSTMENT.— (e), the purchasing agency shall continue to to the purchase transfer is less than the (i) IN GENERAL.—In any case described in make the required repayments until the date amount required by subsection (e)(2) for the clause (ii), after a purchasing agency repays on which the Fund is fully repaid, subject to fiscal year, the amount transferred from the to the Fund the applicable repayment the availability of appropriations. Fund to the purchasing agency shall be equal amount, the Administrator shall adjust the (C) USE OF PROCEEDS.— to the product obtained by multiplying— repayment amount owed by the purchasing (i) IN GENERAL.—If the disposition of an eli- (i) that first repayment amount; and agency for each fiscal year thereafter by gible agency project or Federal facility de- (ii) the number of years in the applicable such uniform amount as the Administrator scribed in subparagraph (A) results in the re- repayment period under subsection (e)(3). determines to be necessary to ensure that ceipt of sale proceeds, those proceeds shall (B) ANNUAL MAXIMUM.—The total amount the sum of all repayments (including any re- be available— appropriated for a fiscal year for new pur- payments already paid to the Fund) by the (I) initially, to the applicable purchasing chase transfers under this subsection shall purchasing agency is equal to the actual cost agency to pay any remaining unpaid repay- be not more than an amount equal to the of the eligible agency project of the pur- ments owed by the purchasing agency to the sum of— chasing agency. Fund; and (i) $2,500,000,000; and (ii) DESCRIPTION.—A case referred to in (II) thereafter, for the purpose of sup- (ii) the total amount, if any, by which the clause (i) is any case in which— porting authorized real property activities amounts appropriated for purchase transfers (I) the actual cost of the eligible agency (excluding operations and maintenance)— during any preceding fiscal years were less project of the purchasing agency is less than (aa) to the applicable purchasing agency, than the amount described in clause (i). the purchase transfer to the purchasing in the case of a purchasing agency that is an (C) HIGHER PROJECT COSTS.—If the amount agency; unaffected agency (as defined in subsection appropriated from the Fund for a purchase (II)(aa) the actual cost of the eligible agen- (d)(1)); or transfer under this subsection is insufficient cy project of the purchasing agency is great- (bb) to the Administrator, in the case of an to pay the full costs of the eligible agency er than the purchase transfer to the pur- asset held in the inventory of the General project that is the subject of the purchase chasing agency; and Services Administration under paragraph (3). transfer, an amount in excess of the appro- (bb) an additional purchase transfer in an (ii) AVAILABILITY.—Any proceeds from a priated amount may be transferred from the amount equal to the amount of the dif- sale under clause (i)— Fund to the applicable purchasing agency ference has been approved in advance in an (I) shall be available until expended, with- only if— appropriations Act; out further appropriation; and (i) the additional transfer is approved in (III) the total amount of repayments by (II) may be deposited in any account of the advance by an appropriations Act; and the purchasing agency exceeds the annual re- applicable purchasing agency or the General (ii) the purchasing agency has— payment amount described in subparagraph Services Administration, as applicable, that (I) received an appropriation of an addi- (A); or is available for the purposes described in sub- tional amount for the adjustment to the re- (IV) the amount of the purchase transfer is clauses (I) and (II) of clause (i). payment amount under subsection (e)(2)(B); reduced under subsection (d)(7). (2) CHANGES IN NEED OR CONDITION.—A and (3) REPAYMENT PERIOD.—The period over change in the mission need of a purchasing (II) repaid to the Fund that additional re- which a purchasing agency shall repay to the agency for an eligible agency project or Fed- payment amount. Fund the amount described in paragraph (2) eral facility that is the subject of an eligible (D) EFFECT OF SUBSECTION.—Nothing in shall be— agency project, and any change in the condi- this subsection requires any unaffected agen- (A) such period as may be agreed to by the tion of such an eligible agency project or cy to receive approval from the Adminis- purchasing agency and the Administrator; Federal facility, shall not affect any applica- trator, or to achieve compliance with section but ble repayment obligation relating to the eli- 3307 of title 40, United States Code, before ac- (B) not longer than 15 years, beginning in gible agency project under subsection (e). quiring real property pursuant to an existing the fiscal year for which the first repayment (3) HOLDING IN ADMINISTRATION INVEN- authority of the unaffected agency for pur- amount is appropriated to the purchasing TORY.— poses of this section. agency pursuant to paragraph (5)(A). (A) DEFINITIONS.—In this paragraph:

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(i) ADMINISTRATION.—The term ‘‘Adminis- (II) such reduced shell rental rate as the (A) DEFINITION.—In this paragraph, the tration’’ means the General Services Admin- GSA-affected agency and the Administrator term ‘‘transfer or reprogramming provision’’ istration. may negotiate, subject to the requirement means a provision in an appropriations Act (ii) COVERED PROPERTY.—The term ‘‘cov- that the cumulative difference between the that, notwithstanding clauses (ii) and (iii) of ered property’’ means any asset acquired appraised market rent rate of the covered subsection (d)(5)(A), authorizes or requires— through the Administration by a purchasing property and the reduced shell rental rate (i) a transfer of amounts in the Fund for agency using a purchase transfer. shall be equal to not more than the amount any purpose other than to cover the costs of (B) INCLUSION IN INVENTORY.—On acquisi- of the applicable purchase transfer. eligible agency projects; or tion by a GSA-affected agency of any cov- (g) BUDGET ENFORCEMENT.—For purposes of (ii) a purchasing agency to transfer or re- ered property, the covered property shall budget enforcement under the Congressional program a purchase transfer for a purpose be— Budget and Impoundment Control Act of 1974 other than paying the costs of an eligible (i) placed in the inventory of the Adminis- (2 U.S.C. 621 et seq.), the Balanced Budget agency project. tration; and and Emergency Deficit Control Act of 1985 (2 (B) EFFECTS.—The amount transferred or (ii) considered to be under the custody and U.S.C. 900 et seq.), and the Statutory Pay-As- reprogrammed under a transfer or re- control of the Administrator, subject to the You-Go Act of 2010 (2 U.S.C. 931 et seq.) relat- programming provision shall be included in requirements of this paragraph. ing to this section, the following shall apply: the estimates of discretionary appropria- (C) PAYMENT TO ADMINISTRATOR.— (1) DIRECT SPENDING.—Any provision in an tions under section 251(a)(7) of the Balanced (i) IN GENERAL.—On receipt by a GSA-af- appropriations Act approving a purchase Budget and Emergency Deficit Control Act fected agency of amounts pursuant to a pur- transfer from the Fund to a purchasing agen- of 1985 (2 U.S.C. 901(a)(7)). cy, and collection by the Fund of repayments chase transfer for the acquisition of any cov- (h) SEQUESTRATION.—Section 255(g)(1)(A) of ered property, the GSA-affected agency— from the purchasing agency— the Balanced Budget and Emergency Deficit (I) except as provided in subclause (II), (A) shall be classified as direct spending Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is shall transfer the purchase transfer amount (as defined in section 250(c) of the Balanced amended by inserting after the item relating to the Administrator for deposit in the Fed- Budget and Emergency Deficit Control Act to Farm Credit System Insurance Corpora- eral Buildings Fund under section 592 of title of 1985 (2 U.S.C. 900(c))); and tion, Farm Credit Insurance Fund the fol- (B) shall not be included in the estimates 40, United States Code; but lowing: (II) may retain such portion of the pur- under section 251(a)(7) of the Balanced Budg- ‘‘Federal Capital Revolving Fund (47–4614– chase transfer amount as is necessary for ac- et and Emergency Deficit Control Act of 1985 0–4–804).’’. (2 U.S.C. 901(a)(7)) or considered budgetary quisition by the GSA-affected agency of as- (i) ADMINISTRATIVE PROVISIONS.— effects for the purposes of section 3(4) of the sociated furniture, fixtures, and equipment (1) TREATMENT AS EXPENDITURE TRANS- Statutory Pay-As-You-Go Act of 2010 (2 necessary to furnish the Federal facility for FERS.—The following shall be considered to U.S.C. 932(4)). initial occupancy in accordance with clause be, and shall be recorded as, expenditure (2) DISCRETIONARY APPROPRIATIONS.—A pro- (ii). transfers: vision providing appropriations to a pur- (ii) USE.—The Administrator or a GSA-af- (A) Each purchase transfer. chasing agency for annual repayments to the fected agency shall use the amounts trans- (B) Each payment of an administrative fee Fund shall be— ferred under clause (i)(I) or retained under under subsection (d)(8). (A) classified as discretionary appropria- clause (i)(II), respectively, only to pay the (C) Each transfer of repayment amounts to tions; and costs of the eligible agency project associ- the Fund under subsection (e). (B) scored in the fiscal year for which such ated with the covered property. (2) EFFECT OF SECTION.—Nothing in this appropriations are made available by an ap- (iii) PROHIBITION ON FEES.—The Adminis- section— propriations Act. trator may not charge any fee for the execu- (A) provides any new real property land- (3) CHANGES TO FUND BALANCE.— tion of an eligible agency project on covered holding or land managing authority to a pur- property pursuant to clause (ii), other than (A) DEFINITION.—In this paragraph, the term ‘‘provision changing the Fund balance’’ chasing agency; the 1-time administrative fee described in (B) otherwise affects any existing real subsection (d)(8). means a provision in an appropriations Act property landholding or land managing au- (D) OCCUPANCY AGREEMENT.—The Adminis- that— thority of an agency, as in effect on the date trator and the head of the applicable GSA-af- (i) rescinds or precludes from obligation of enactment of this Act; or fected agency shall enter into an occupancy balances in the Fund; (C) permits the President, the Adminis- agreement with respect to any covered prop- (ii) rescinds or precludes from obligation trator, or the head of any other agency to erty acquired by the GSA-affected agency balances of approved purchase transfers; or transfer, reprogram, or otherwise use any that— (iii) reduces the annual limitation on total amounts in the Fund absent specific lan- (i) recognizes the investment of the GSA- purchase transfers under subsection (d)(6)(B). guage enacted by Congress authorizing such affected agency in the covered property and (B) EFFECTS.—A provision changing the an action. the associated eligible agency project by pro- Fund balance— viding for shell rent abatement, in accord- (i) shall be considered budgetary effects for ance with subparagraph (E); and purposes of the Statutory Pay-As-You-Go SA 2223. Mr. KING submitted an (ii) establishes that the purchasing agency Act of 2010 (2 U.S.C. 931 et seq.), and such amendment intended to be proposed to shall continue to be responsible for making budgetary effects shall be placed on the amendment SA 2137 proposed by Mr. annual repayments to the Fund in accord- scorecards maintained pursuant to section SCHUMER (for Ms. SINEMA (for herself, ance with subsection (e) with respect to the 4(d) of that Act (2 U.S.C. 933(d)) and the Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- covered property. scorecards maintained for purposes of sec- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. (E) SHELL RENT ABATEMENT.—The shell tion 4106 of H. Con. Res. 71 (115th Congress); TESTER, Ms. MURKOWSKI, Mr. WARNER, rent abatement provisions under subpara- and and Mr. ROMNEY)) to the bill H.R. 3684, graph (D)(i) relating to an occupancy agree- (ii) shall not be included in the estimates ment with respect to covered property shall under section 251(a)(7) of the Balanced Budg- to authorize funds for Federal-aid high- include requirements that rental payments et and Emergency Deficit Control Act of 1985 ways, highway safety programs, and shall— (2 U.S.C. 901(a)(7)). transit programs, and for other pur- (i) be made by the GSA-affected agency to (4) FAILURE TO APPROPRIATE REPAYMENTS.— poses; which was ordered to lie on the the Administration immediately on occu- (A) DEFINITION.—In this paragraph, the table; as follows: pancy of the covered property by the GSA-af- term ‘‘failure to appropriate a repayment’’ At the appropriate place in subtitle E of fected agency; means that— title III of division D, insert the following: (ii) for the 5-year period beginning on the (i) an appropriations Act for a fiscal year SEC. 403ll. JUDICIAL REVIEW OF LEASING AC- initial date of occupancy of the covered provides a first repayment amount for an eli- TIONS ON THE OUTER CONTI- property by the GSA-affected agency, be in gible agency project; and NENTAL SHELF. an amount equal to the operating costs dur- (ii) for a subsequent fiscal year during the Section 23(c)(2) of the Outer Continental ing the rental payment period of the GSA-af- repayment period, such appropriations Act Shelf Lands Act (43 U.S.C. 1349(c)(2)) is fected agency relating to the covered prop- does not provide an appropriation for the re- amended by inserting ‘‘or any final plan erty; and payment amount required for that fiscal issued pursuant to section 8(p)(1)(C)’’ before (iii) effective during the period beginning year. ‘‘shall be subject’’. on the date immediately after the period de- (B) EFFECTS.—If there is a failure to appro- scribed in clause (ii) and ending on the date priate a repayment, an amount equal to the SA 2224. Mr. KING submitted an that is 25 years after the initial date of occu- required repayment for the applicable fiscal amendment intended to be proposed to pancy of the covered property by the GSA-af- year, calculated pursuant to subsection amendment SA 2137 proposed by Mr. fected agency, be in an amount equal to the (e)(2), shall be included in the estimates sum of— under section 251(a)(7) of the Balanced Budg- SCHUMER (for Ms. SINEMA (for herself, (I) the operating costs during the rental et and Emergency Deficit Control Act of 1985 Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- payment period of the GSA-affected agency (2 U.S.C. 901(a)(7)). SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. relating to the covered property; and (5) TRANSFERS AND REPROGRAMMING.— TESTER, Ms. MURKOWSKI, Mr. WARNER,

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00096 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.055 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5625 and Mr. ROMNEY)) to the bill H.R. 3684, transit programs, and for other pur- ‘‘(1) any such reduction in price is reflected to authorize funds for Federal-aid high- poses; which was ordered to lie on the at the point of sale to the enrollee and meets ways, highway safety programs, and table; as follows: such other conditions as the Secretary may establish; and transit programs, and for other pur- In division I, strike section 90006 and insert ‘‘(2) any such other remuneration is a flat poses; which was ordered to lie on the the following: fee-based service fee that a manufacturer of table; as follows: SEC. 90006. REQUIREMENTS FOR PRESCRIPTION DRUG BENEFITS. prescription drugs pays to an entity that At the end of title VIII of division D, add provides pharmacy benefits management the following: (a) REMOVAL OF SAFE HARBOR PROTECTION FOR REBATES INVOLVING PRESCRIPTION DRUGS services for services rendered to the manu- SEC. 408llll. FOREST INVENTORY AND ANAL- facturer that relate to arrangements by the YSIS PROGRAM BLUE RIBBON AND ESTABLISHMENT OF NEW SAFE HARBOR PROTECTIONS INVOLVING PRESCRIPTION pharmacy benefit manager to provide phar- PANEL. macy benefit management services to a Section 3 of the Forest and Rangeland Re- DRUGS.— health plan or health insurance issuer, if cer- newable Resources Research Act of 1978 (16 (1) REMOVAL OF SAFE HARBOR PROTECTION tain conditions established by the Secretary U.S.C. 1642) is amended by adding at the end FOR REBATES INVOLVING PRESCRIPTION are met, including requirements that the the following: DRUGS.—Section 1128B(b) of the Social Secu- fees are transparent to the health plan or ‘‘(f) FOREST INVENTORY AND ANALYSIS PRO- rity Act (42 U.S.C. 1320a–7b(b)) is amended— health insurance issuer. GRAM BLUE RIBBON PANEL.— (A) in paragraph (3)(A), by striking ‘‘a dis- ‘‘(1) IN GENERAL.—Not later than 90 days count’’ and inserting ‘‘subject to paragraph ‘‘(b) ENTITY THAT PROVIDES PHARMACY after the date of enactment of this sub- (5), a discount’’; and BENEFITS MANAGEMENT SERVICES.—For pur- section, the Secretary, in consultation with (B) by adding at the end the following: poses of this section, the term ‘entity that the National Association of State Foresters, ‘‘(5) REMOVAL OF SAFE HARBOR PROTECTION provides pharmacy benefits management shall convene a blue ribbon panel (referred to FOR REBATES INVOLVING PRESCRIPTION services’ means— in this subsection as the ‘Panel’) to review DRUGS.—The safe harbor described in para- ‘‘(1) any person, business, or other entity the forest inventory and analysis program graph (3)(A) shall not apply to a reduction in that, pursuant to a written agreement with a established under this section. price or other remuneration from a manufac- group health plan or a health insurance ‘‘(2) COMPOSITION.—The Panel shall be com- turer of prescription drugs to a sponsor of a issuer offering group or individual health in- posed of not fewer than 20, and not more prescription drug plan under part D of title surance coverage, directly or through an than 30, members, including 1 or more of XVIII, an MA organization offering an MA– intermediary— each of the following: PD plan under part C of such title, or a phar- ‘‘(A) acts as a price negotiator on behalf of ‘‘(A) State foresters. macy benefit manager under contract with the plan or coverage; or ‘‘(B) Representatives from the Environ- such a sponsor or such an organization and, ‘‘(B) manages the prescription drug bene- mental Protection Agency. except as provided in subparagraphs (L) and fits provided by the plan or coverage, which ‘‘(C) Representatives from the Department (M) of paragraph (3), paragraphs (1) and (2) may include the processing and payment of of the Interior. shall apply to any such reduction in price or claims for prescription drugs, the perform- ‘‘(D) Academic experts in forest health, other remuneration.’’. ance of drug utilization review, the proc- management, and economics. (2) ESTABLISHMENT OF NEW SAFE HARBOR essing of drug prior authorization requests, PROTECTIONS INVOLVING PRESCRIPTION DRUGS ‘‘(E) Forest industry representatives the adjudication of appeals or grievances re- .—Section 1128B(b)(3) of the Social Security throughout the supply chain, including rep- lated to the prescription drug benefit, con- Act (42 U.S.C. 1320a–7b(b)(3)) is amended— resentatives of large forest landowners and tracting with network pharmacies, control- (A) in subparagraph (J), by striking ‘‘and’’ small forest landowners. ling the cost of covered prescription drugs, at the end; ‘‘(F) Representatives from environmental or the provision of related services; or (B) in subparagraph (K), by striking the pe- groups. ‘‘(2) any entity that is owned, affiliated, or riod at the end and inserting a semicolon; ‘‘(G) Representatives from regional green- related under a common ownership structure and house gas trading organizations. with a person, business, or entity described (C) by adding at the end the following: ‘‘(H) Experts in carbon accounting and car- in paragraph (1).’’. ‘‘(L) a reduction in price offered by a man- bon offset markets. (2) ERISA.— ufacturer of prescription drugs to a sponsor (A) IN GENERAL.—Subpart B of part 7 of ‘‘(3) DUTIES.— of a prescription drug plan under part D of ‘‘(A) REVIEW.—The Panel shall conduct a subtitle B of title I of the Employee Retire- title XVIII, an MA organization offering an ment Income Security Act of 1974 (29 U.S.C. review of the past progress, current prior- MA–PD plan under part C of such title, or a ities, and future needs of the forest inven- 1185 et seq.) is amended by adding at the end pharmacy benefit manager under contract the following: tory and analysis program with respect to with such a sponsor or such an organization, forest carbon, climate change, forest health, ‘‘SEC. 726. REQUIREMENTS WITH RESPECT TO that is reflected at the point of sale to the PRESCRIPTION DRUG BENEFITS. and sustainable wood products. individual and meets such other conditions ‘‘(a) IN GENERAL.—A group health plan or a ‘‘(B) REPORT.—Not later than March 31, as the Secretary may establish; and health insurance issuer offering group health 2022, the Panel shall submit to the Sec- ‘‘(M) flat fee service fees a manufacturer of insurance coverage shall not, and shall en- retary, the Secretary of the Interior, and prescription drugs pays to a pharmacy ben- sure that any entity that provides pharmacy Congress a report describing the review con- efit manager for services rendered to the benefits management services under a con- ducted under subparagraph (A). manufacturer that relate to arrangements tract with any such health plan or health in- ‘‘(4) ADMINISTRATIVE MATTERS.— by the pharmacy benefit manager to provide surance coverage does not, receive from a ‘‘(A) CHAIRPERSON AND VICE CHAIRPERSON.— pharmacy benefit management services to a drug manufacturer a reduction in price or The Panel shall select a Chairperson and health plan, if certain conditions established other remuneration with respect to any pre- Vice Chairperson from among the non- by the Secretary are met, including require- scription drug received by an enrollee in the governmental members of the Panel. ments that the fees are transparent to the plan or coverage and covered by the plan or ‘‘(B) COMMITTEES.—The Panel may estab- health plan.’’. coverage, unless— lish 1 or more committees within the Panel (3) EFFECTIVE DATE.—The amendments ‘‘(1) any such reduction in price is reflected as the Panel determines to be appropriate. made by this subsection shall take effect on at the point of sale to the enrollee and meets ‘‘(C) COMPENSATION.—A member of the January 1, 2023. such other conditions as the Secretary may Panel shall serve without compensation. (b) REQUIREMENTS FOR PRIVATE INSURANCE establish; and ‘‘(D) ADMINISTRATIVE SUPPORT.—The Sec- PLANS.— ‘‘(2) any such other remuneration is a flat retary shall provide such administrative sup- (1) IN GENERAL.—Part D of title XXVII of port as is necessary for the Panel to carry the Public Health Service Act (42 U.S.C. fee-based service fee that a manufacturer of out its duties. 300gg–111 et seq.) is amended by adding at prescription drugs pays to an entity that ‘‘(E) FEDERAL ADVISORY COMMITTEE ACT.— the end the following: provides pharmacy benefits management services for services rendered to the manu- The Panel shall be exempt from the Federal ‘‘SEC. 2799A–11. REQUIREMENTS WITH RESPECT Advisory Committee Act (5 U.S.C. App.).’’. TO PRESCRIPTION DRUG BENEFITS. facturer that relate to arrangements by the --- ‘‘(a) IN GENERAL.—A group health plan or a pharmacy benefit manager to provide phar- SA 2225. Mr. BRAUN submitted an health insurance issuer offering group or in- macy benefit management services to a amendment intended to be proposed to dividual health insurance coverage shall not, health plan or health insurance issuer, if cer- amendment SA 2137 proposed by Mr. and shall ensure that any entity that pro- tain conditions established by the Secretary SCHUMER (for Ms. SINEMA (for herself, vides pharmacy benefits management serv- are met, including requirements that the fees are transparent to the health plan or Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ices under a contract with any such health plan or health insurance coverage does not, health insurance issuer. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. receive from a drug manufacturer a reduc- ‘‘(b) ENTITY THAT PROVIDES PHARMACY ESTER URKOWSKI ARNER T , Ms. M , Mr. W , tion in price or other remuneration with re- BENEFITS MANAGEMENT SERVICES.—For pur- and Mr. ROMNEY)) to the bill H.R. 3684, spect to any prescription drug received by an poses of this section, the term ‘entity that to authorize funds for Federal-aid high- enrollee in the plan or coverage and covered provides pharmacy benefits management ways, highway safety programs, and by the plan or coverage, unless— services’ means—

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00097 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.054 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5626 CONGRESSIONAL RECORD — SENATE August 2, 2021 ‘‘(1) any person, business, or other entity the Internal Revenue Code of 1986 is amended after calculating the distribution of funds that, pursuant to a written agreement with a by adding at the end the following: pursuant to the preceding proviso, any group health plan or a health insurance ‘‘Sec. 9816. Requirements with respect to amount in excess of $1,500,000,000 shall be re- issuer offering group health insurance cov- prescription drug benefits.’’. distributed equally among each State that erage, directly or through an intermediary— (4) EFFECTIVE DATE.—The amendments does not meet the definition of a qualifying ‘‘(A) acts as a price negotiator on behalf of made by paragraphs (1), (2), and (3) shall take State: Provided further, That funds provided the plan or coverage; or effect on January 1, 2023. to States that do not meet the definition of ‘‘(B) manages the prescription drug bene- a qualifying State for the bridge replace- fits provided by the plan or coverage, which SA 2226. Mr. THUNE submitted an ment and rehabilitation program shall be (A) may include the processing and payment of amendment intended to be proposed to merged with amounts made available to such claims for prescription drugs, the perform- amendment SA 2137 proposed by Mr. State under this paragraph; (B) available for ance of drug utilization review, the proc- SCHUMER (for Ms. SINEMA (for herself, activities eligible under this paragraph; and essing of drug prior authorization requests, Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (C) administered as if apportioned under the adjudication of appeals or grievances re- chapter 1 of title 23, United States Code: Pro- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. lated to the prescription drug benefit, con- vided further, That, except as provided in the tracting with network pharmacies, control- TESTER, Ms. MURKOWSKI, Mr. WARNER, preceding proviso, the funds made available ling the cost of covered prescription drugs, and Mr. ROMNEY)) to the bill H.R. 3684, under this heading for a bridge replacement or the provision of related services; or to authorize funds for Federal-aid high- and rehabilitation program shall be used for ‘‘(2) any entity that is owned, affiliated, or ways, highway safety programs, and highway bridge replacement or rehabilita- related under a common ownership structure transit programs, and for other pur- tion projects on public roads: Provided fur- with a person, business, or entity described poses; which was ordered to lie on the ther, That for purposes of this heading for in paragraph (1).’’. table; as follows: the bridge replacement and rehabilitation (B) CLERICAL AMENDMENT.—The table of Beginning on page 2639, strike line 6 and program, the Secretary shall calculate the contents of the Employee Retirement In- percentages of total deck area of bridges (in- come Security Act of 1974 is amended by in- all that follows through page 2642, line 16, and insert the following: cluding the percentages of total deck area serting after the item relating to section 725 classified as in poor and the percentages of the following: (1) $27,500,000,000 shall be for a bridge re- placement, rehabilitation, preservation, pro- total bridge counts (including the percent- ‘‘Sec. 725. Requirements with respect to pre- tection, and construction program, Provided ages of total bridges classified as in poor scription drug benefits.’’. further, That, except as otherwise provided condition) based on the National Bridge In- (3) IRC.— under this paragraph, the funds made avail- ventory as of December 31, 2018: (A) IN GENERAL.—Subchapter B of chapter able under this paragraph shall be adminis- 100 of the Internal Revenue Code of 1986 is tered as if apportioned under chapter 1 of SA 2227. Mr. HOEVEN submitted an amended by adding at the end the following: title 23, United States Code: Provided further, amendment intended to be proposed to ‘‘SEC. 9826. REQUIREMENTS WITH RESPECT TO That a project funded with funds made avail- amendment SA 2137 proposed by Mr. PRESCRIPTION DRUG BENEFITS. able under this paragraph shall be treated as ‘‘(a) IN GENERAL.—A group health plan SCHUMER (for Ms. SINEMA (for herself, shall not, and shall ensure that any entity a project on a Federal-aid highway: Provided Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- that provides pharmacy benefits manage- further, That, of the funds made available SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. under this paragraph for a fiscal year, 3 per- ment services under a contract with any TESTER, Ms. MURKOWSKI, Mr. WARNER, such health plan does not, receive from a cent shall be set aside to carry out section 202(d) of title 23, United States Code: Pro- and Mr. ROMNEY)) to the bill H.R. 3684, drug manufacturer a reduction in price or to authorize funds for Federal-aid high- other remuneration with respect to any pre- vided further, That funds set aside under the scription drug received by an enrollee in the preceding proviso to carry out section 202(d) ways, highway safety programs, and plan and covered by the plan, unless— of that title shall be in addition to funds oth- transit programs, and for other pur- ‘‘(1) any such reduction in price is reflected erwise made available to carry out that sec- poses; which was ordered to lie on the at the point of sale to the enrollee and meets tion and shall be administered as if made table; as follows: available under that section: Provided fur- such other conditions as the Secretary may On page 1839, line 9, strike ‘‘in accordance ther, That for funds set aside under this para- establish; and with’’ and insert ‘‘and as provided for in’’. graph to carry out section 202(d) of title 23, ‘‘(2) any such other remuneration is a flat On page 2498, line 7, strike ‘‘in accordance United States Code, the Federal share of the fee-based service fee that a manufacturer of with’’ and insert ‘‘and as provided for in’’. prescription drugs pays to an entity that costs shall be 100 percent: Provided further, 1 provides pharmacy benefits management That up to ⁄2 of 1 percent of the amounts Mr. MARSHALL submitted made available under this paragraph in each SA 2228. services for services rendered to the manu- an amendment intended to be proposed facturer that relate to arrangements by the fiscal year shall be for the administration pharmacy benefit manager to provide phar- and operations of the Federal Highway Ad- to amendment SA 2137 proposed by Mr. macy benefit management services to a ministration: Provided further, That for the SCHUMER (for Ms. SINEMA (for herself, health plan, if certain conditions established purposes of funds made available under this Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- by the Secretary are met, including require- heading for a bridge replacement and reha- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ments that the fees are transparent to the bilitation program, (A) the term ‘‘State’’ TESTER, Ms. MURKOWSKI, Mr. WARNER, health plan. means any of the 50 States or the District of and Mr. ROMNEY)) to the bill H.R. 3684, ‘‘(b) ENTITY THAT PROVIDES PHARMACY Columbia; and (B) the term ‘‘qualifying to authorize funds for Federal-aid high- BENEFITS MANAGEMENT SERVICES.—For pur- State’’ means any State in which the per- poses of this section, the term ‘entity that centage of total deck area of bridges classi- ways, highway safety programs, and provides pharmacy benefits management fied as in poor condition in such State is at transit programs, and for other pur- services’ means— least 5 percent or in which the percentage of poses; which was ordered to lie on the ‘‘(1) any person, business, or other entity total bridges classified as in poor condition table; as follows: that, pursuant to a written agreement with a in such State is at least 5 percent: Provided At the appropriate place in division J, in- group health plan, directly or through an further, That, of the funds made available sert the following: intermediary— under this heading for a bridge replacement SEC. lll. None of the funds made avail- ‘‘(A) acts as a price negotiator on behalf of and rehabilitation program, the Secretary able by this Act may be used to transport an the plan; or shall reserve $300,000,000 for each State that alien (as defined in section 101(a) of the Im- ‘‘(B) manages the prescription drug bene- does not meet the definition of a qualifying migration and Nationality Act (8 U.S.C. fits provided by the plan, which may include State: Provided further, That, after making 1101(a)) who is unlawfully present in the the processing and payment of claims for the reservations under the preceding proviso, United States and who— prescription drugs, the performance of drug the Secretary shall distribute the remaining (1) has not been tested for COVID–19 during utilization review, the processing of drug funds made available under this heading for the preceding 10-day period; prior authorization requests, the adjudica- a bridge replacement and rehabilitation pro- (2) has not been fully vaccinated against tion of appeals or grievances related to the gram to each qualifying State by the propor- COVID–19; or prescription drug benefit, contracting with tion that the percentage of total deck area of (3) has symptoms of COVID-19. network pharmacies, controlling the cost of bridges classified as in poor condition in covered prescription drugs, or the provision such qualifying State bears to the sum of the SA 2229. Ms. ERNST submitted an of related services; or percentages of total deck area of bridges amendment intended to be proposed to ‘‘(2) any entity that is owned, affiliated, or classified as in poor condition in all quali- amendment SA 2137 proposed by Mr. related under a common ownership structure fying States: Provided further, That for the with a person, business, or entity described bridge replacement and rehabilitation pro- SCHUMER (for Ms. SINEMA (for herself, in paragraph (1).’’. gram, no qualifying State shall receive more Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (B) CLERICAL AMENDMENT.—The table of than $1,500,000,000, each State shall receive SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. sections for subchapter B of chapter 100 of an amount not less than $300,000,000, and TESTER, Ms. MURKOWSKI, Mr. WARNER,

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00098 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.054 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5627 and Mr. ROMNEY)) to the bill H.R. 3684, SEC. 115ll. TREATMENT OF PAYCHECK PROTEC- ‘‘(2) EXCEPTIONS.— to authorize funds for Federal-aid high- TION PROGRAM LOAN FORGIVENESS ‘‘(A) NO GOVERNMENT OWNERSHIP REQUIRE- UNDER HIGHWAY AND PUBLIC ways, highway safety programs, and MENT.—Paragraph (1) of section 142(b) shall TRANSPORTATION PROJECT COST not apply to any Move America bond. transit programs, and for other pur- REIMBURSEMENT CONTRACTS. ‘‘(B) SPECIAL RULES FOR HIGH-SPEED RAIL Notwithstanding section 31.201–5 of title 48, poses; which was ordered to lie on the BONDS.—Paragraphs (2) and (3) of section Code of Federal Regulations (or successor table; as follows: 142(i) shall not apply to any Move America regulations), for the purposes of any cost-re- bond described in subsection (b)(6). At the end of title VII of division B, add imbursement contract initially awarded in ‘‘(C) SPECIAL RULES FOR HIGHWAY AND SUR- the following: accordance with section 112 of title 23, FACE TRANSPORTATION FACILITIES.—Para- United States Code, or section 5325 of title SEC. 27005. REPORT ON CERTAIN USES OF FED- graphs (2), (3), and (4) of section 142(m) shall 49, United States Code, or any subcontract ERAL FUNDS. not apply to any Move America bond de- under such a contract, no cost reduction or (a) DEFINITIONS.—In this section: scribed in subsection (b)(7). cash refund shall be due to the Department (1) DEPARTMENT PROVIDED FUNDS.—The of Transportation or to a State transpor- ‘‘(b) MOVE AMERICA BOND.—For purposes of term ‘‘Department provided funds’’ means tation department, transit agency, or other this part, the term ‘Move America bond’ amounts provided by the Department as fi- recipient of assistance under chapter 1 of means any bond issued as part of an issue 95 nancial assistance or pursuant to a financial title 23, United States Code, or chapter 53 of percent or more of the net proceeds of which assistance agreement. title 49, United States Code, on the basis of are used to provide— (2) FINANCIAL ASSISTANCE.—The term ‘‘fi- forgiveness of a covered loan, as defined in ‘‘(1) airports, nancial assistance’’ includes grants, sub- section 7A of the Small Business Act (15 ‘‘(2) docks and wharves, including— grants, contracts, cooperative agreements, U.S.C. 636m), pursuant to the provisions of ‘‘(A) waterborne mooring infrastructure, and any other form of financial assistance. that section. ‘‘(B) dredging in connection with a dock or (3) REPORTABLE NONWORKING TIME.—The wharf, and term ‘‘reportable nonworking time’’ means SA 2231. Mr. THUNE (for himself, Mr. ‘‘(C) any associated rail and road infra- any time— structure for the purpose of integrating MORAN, Ms. BALDWIN, and Mrs. CAPITO) (A) during which an employee is not work- modes of transportation, ing; and submitted an amendment intended to ‘‘(3) mass commuting facilities, (B) for which the employee receives from be proposed to amendment SA 2137 pro- ‘‘(4) facilities for the furnishing of water an individual or entity employing the em- posed by Mr. SCHUMER (for Ms. SINEMA (within the meaning of section 142(e)), ployee standby pay or any other form of pay- (for herself, Mr. PORTMAN, Mr. ‘‘(5) sewage facilities, ment or compensation from Department pro- MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, ‘‘(6) railroads (as defined in section 20102 of vided funds. Ms. COLLINS, Mr. TESTER, Ms. MUR- title 49, United States Code) and any associ- (b) REPORT.—Not later than 60 days after KOWSKI, Mr. WARNER, and Mr. ROMNEY)) ated rail and road infrastructure for the pur- the last day of each fiscal year, each indi- to the bill H.R. 3684, to authorize funds pose of integrating modes of transportation, ‘‘(7) any— vidual or entity that receives Department for Federal-aid highways, highway provided funds under this Act or any other ‘‘(A) surface transportation project which law during that fiscal year shall submit to safety programs, and transit programs, is eligible for Federal assistance under title the Secretary a report describing all report- and for other purposes; which was or- 23, United States Code (as in effect on the able nonworking time of the employees of dered to lie on the table; as follows: date of the enactment of this section), the individual or entity during that fiscal In the third proviso under the heading ‘‘(B) project for an international bridge or year, including, with respect to each project ‘‘DISTANCE LEARNING, TELEMEDICINE, AND tunnel for which an international entity au- associated with that reportable nonworking BROADBAND PROGRAM’’ under the heading thorized under Federal or State law is re- time— ‘‘RURAL UTILITIES SERVICE’’ under the head- sponsible and which is eligible for Federal (1) the name and location of the project; ing ‘‘RURAL DEVELOPMENT PROGRAMS’’ assistance under title 23, United States Code (2) the number of employees compensated under the heading ‘‘DEPARTMENT OF AG- (as so in effect), or for reportable nonworking time; RICULTURE’’ in title I of division J, strike ‘‘(C) facility for the transfer of freight (3) the reason why each such employee was ‘‘50 percent’’ and insert ‘‘80 percent’’. from truck to rail or rail to truck (including not working; Strike the fourth proviso under the head- any temporary storage facilities directly re- (4) the quantity of reportable nonworking ing ‘‘DISTANCE LEARNING, TELEMEDICINE, AND lated to such transfers) which is eligible for time for which each such employee was com- BROADBAND PROGRAM’’ under the heading Federal assistance under either title 23 or pensated; and ‘‘RURAL UTILITIES SERVICE’’ under the head- title 49, United States Code (as so in effect), (5) the amount of Department provided ing ‘‘RURAL DEVELOPMENT PROGRAMS’’ ‘‘(8) flood diversions, funds expended to compensate each such em- under the heading ‘‘DEPARTMENT OF AG- ‘‘(9) inland waterways, including construc- ployee for reportable nonworking time. RICULTURE’’ in title I of division J. tion and rehabilitation expenditures for (c) GUIDANCE.—Not later than 120 days navigation on any inland or intracoastal wa- after the date of enactment of this Act, the SA 2232. Mr. HOEVEN (for himself terways of the United States (within the Secretary, in consultation with the Director and Mr. WYDEN) submitted an amend- meaning of section 4042(d)(2)), or of the Office of Management and Budget, ment intended to be proposed to ‘‘(10) rural broadband service infrastruc- shall issue guidance to assist individuals and amendment SA 2137 proposed by Mr. ture. ‘‘(c) DEFINITIONS.—For purposes of this sec- entities in determining whether an em- SCHUMER (for Ms. SINEMA (for herself, tion— ployee— Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (1) is not working for purposes of sub- ‘‘(1) FLOOD DIVERSIONS.—The term ‘flood SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. section (a)(3)(A); and diversion’ means any flood damage risk re- (2) has received payment or compensation TESTER, Ms. MURKOWSKI, Mr. WARNER, duction project authorized under any Act for from Department provided funds for purposes and Mr. ROMNEY)) to the bill H.R. 3684, authorizing water resources development of subsection (a)(3)(B). to authorize funds for Federal-aid high- projects. ways, highway safety programs, and ‘‘(2) RURAL BROADBAND SERVICE INFRA- transit programs, and for other pur- STRUCTURE.—The term ‘rural broadband serv- SA 2230. Mr. BRAUN (for himself, Ms. poses; which was ordered to lie on the ice infrastructure’ means the construction, DUCKWORTH, Ms. LUMMIS, Mr. PADILLA, improvement, or acquisition of facilities and table; as follows: Mr. INHOFE, and Ms. BALDWIN) sub- equipment for the provision of broadband mitted an amendment intended to be At the end of title IV of division H, add the services (as defined in section 601 of the following: proposed to amendment SA 2137 pro- Rural Electrification Act of 1936) which— SEC. 804ll. MOVE AMERICA BONDS.— ‘‘(A) meet the minimum requirements in posed by Mr. SCHUMER (for Ms. SINEMA (a) IN GENERAL.— effect under section 601(e) of such Act, and ORTMAN (for herself, Mr. P , Mr. (1) MOVE AMERICA BONDS.—Subpart A of ‘‘(B) will be provided in an area which— MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, part IV of subchapter B of chapter 1 of the ‘‘(i) is a rural area (as defined in section 601 Ms. COLLINS, Mr. TESTER, Ms. MUR- Internal Revenue Code of 1986 is amended by of such Act), and KOWSKI, Mr. WARNER, and Mr. ROMNEY)) inserting after section 142 the following new ‘‘(ii) meets the requirements of clauses (i) to the bill H.R. 3684, to authorize funds section: and (ii) of section 601(d)(2)(A) of such Act. for Federal-aid highways, highway ‘‘SEC. 142A. MOVE AMERICA BONDS. ‘‘(d) MOVE AMERICA VOLUME CAP.— safety programs, and transit programs, ‘‘(a) IN GENERAL.— ‘‘(1) IN GENERAL.—The aggregate face and for other purposes; which was or- ‘‘(1) TREATMENT AS EXEMPT FACILITY amount of Move America bonds issued pursu- dered to lie on the table; as follows: BOND.—Except as otherwise provided in this ant to an issue, when added to the aggregate section, a Move America bond shall be treat- face amount of Move America bonds pre- At the appropriate place in subtitle E of ed for purposes of this part as an exempt fa- viously issued by the issuing authority dur- title I of division A, insert the following: cility bond. ing the calendar year, shall not exceed such

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issuing authority’s Move America volume ‘‘(e) APPLICABILITY OF CERTAIN FEDERAL ‘private activity bond’ shall not include any cap for such year. LAWS.— Move America bond (as defined in section ‘‘(2) MOVE AMERICA VOLUME CAP.—For pur- ‘‘(1) IN GENERAL.—An issue shall not be 142A).’’. poses of this subsection— treated as an issue under subsection (b) un- (d) EFFECTIVE DATE.—The amendments ‘‘(A) IN GENERAL.—The Move America vol- less the facility for which the proceeds of made by this section shall apply to obliga- ume cap for any calendar year is an amount such issue are used meets the requirements tions issued in calendar years beginning equal to 25 percent of the State ceiling under applicable to construction, alteration, or re- after the date of the enactment of this Act. section 146(d) for such State for such cal- pair of similar facilities under any Federal SEC. 804ll. MOVE AMERICA CREDITS. endar year. law that would apply if the facility were (a) IN GENERAL.—Subpart D of part IV of ‘‘(B) ALLOCATION OF VOLUME CAP.—Each funded or financed under any other Federal subchapter A of chapter 1 of the Internal State may allocate the Move America vol- program (including under titles 23, 40, and 49, Revenue Code of 1986 is amended by inserting ume cap of such State among governmental United States Code) which would otherwise after the section 42 the following new sec- units (or other authorities) in such State apply to similar facilities. tion: having authority to issue private activity ‘‘(2) PUBLIC TRANSPORTATION CAPITAL ‘‘SEC. 42A. MOVE AMERICA CREDITS. bonds. PROJECTS.—In addition to the requirements ‘‘(a) MOVE AMERICA EQUITY CREDITS.— ‘‘(3) CARRYFORWARDS.— of paragraph (1), an issue the proceeds of ‘‘(1) IN GENERAL.—For purposes of section ‘‘(A) IN GENERAL.—If— which are used to finance a capital project 38, the Move America equity credit for any ‘‘(i) an issuing authority’s Move America (as defined in section 5302(3) of title 49, taxable year in the credit period is an volume cap, exceeds United States Code) relating to public trans- amount equal to 10 percent of the qualified ‘‘(ii) the aggregate amount of Move Amer- portation (as defined in section 5302(14) of basis of each qualified facility. ica bonds issued during such calendar year such title) shall not be treated as an issue ‘‘(2) DEFINITIONS.—For purposes of this sec- by such authority, under subsection (b) unless such project com- tion— any Move America bond issued by such au- plies with the requirements of chapter 53 of ‘‘(A) QUALIFIED BASIS.— thority during the 5-calendar-year period fol- title 49, United States Code. ‘‘(i) IN GENERAL.—The qualified basis of lowing such calendar year shall not be taken ‘‘(f) SPECIAL RULE FOR ENVIRONMENTAL RE- any qualified facility is the portion of the el- into account under paragraph (1) to the ex- MEDIATION COSTS FOR DOCKS AND WHARVES.— igible basis of such facility to which the tent the amount of such bonds does not ex- For purposes of this section, amounts used State has allocated an amount of the State ceed the amount of such excess. Any excesses for working capital expenditures relating to credit limitation under subsection arising under this paragraph shall be used environmental remediation required under (c)(3)(A)(i). under this paragraph in the order of calendar State or Federal law at or near a facility de- ‘‘(ii) DETERMINATION.—The qualified basis years in which the excesses arose. scribed in subsection (b)(2) (including envi- of a facility for purposes of all taxable years ‘‘(B) REALLOCATION OF UNUSED ronmental remediation in the riverbed and in the credit period shall be determined as of CARRYFORWARDS.— land within or adjacent to the Federal navi- the date of the last day of the calendar year in which the qualified facility is placed in ‘‘(i) IN GENERAL.—The Move America vol- gation channel used to access such facility) service. ume cap under paragraph (2)(A) for any State shall be treated as an amount used to pro- for any calendar year shall be increased by ‘‘(iii) EXCEPTION.—Notwithstanding any vide for such a facility. any amount allocated to such State by the other provision of this section, the qualified ‘‘(g) REGULATIONS.—The Secretary shall Secretary under clause (ii). basis of any qualified facility shall be zero prescribe such regulations as may be nec- ‘‘(ii) REALLOCATION.—The Secretary shall unless the chief executive officer (or the essary to carry out the purposes of this sec- allocate to each qualified State for any cal- equivalent) of the local jurisdiction in which tion, including regulations requiring States endar year an amount which bears the same the qualified facility is located is provided a to report the amount of Move America vol- ratio to the aggregate unused carryforward reasonable opportunity to comment on the ume cap of the State carried forward for any amounts of all issuing authorities in all qualified facility. calendar year under subsection (d)(3).’’. States for such calendar year as the qualified ‘‘(B) QUALIFIED FACILITY.—The term ‘quali- (2) CONFORMING AMENDMENT.—The table of State’s population for the calendar year fied facility’ means a facility described in sections for subpart A of part IV of sub- bears to the population of all qualified section 142A(b), but only if such facility— States for the calendar year. For purposes of chapter B of chapter 1 of such Code is amend- ‘‘(i) meets the requirements applicable to the preceding sentence, population shall be ed by inserting after the item relating to similar facilities under any Federal law determined in accordance with section 146(j). section 142 the following new item: which would apply if the facility were fi- ‘‘(iii) QUALIFIED STATE.—For purposes of ‘‘Sec. 142A. Move America bonds.’’. nanced under any other Federal program (in- this subparagraph, the term ‘qualified State’ (b) APPLICATION OF OTHER PRIVATE ACTIV- cluding titles 23, 40, and 49, United States means, with respect to a calendar year, any ITY BOND RULES.— Code), State— (1) TREATMENT UNDER PRIVATE ACTIVITY ‘‘(ii) complies with the requirements of ‘‘(I) which allocated its entire Move Amer- BOND VOLUME CAP.—Subsection (g) of section chapter 53 of title 49, United States Code, in ica volume cap for the preceding calendar 146 of the Internal Revenue Code of 1986, as the case of a capital project (as defined in year, and amended by sections 80401 and 80402, is section 5302(3) of title 49, United States Code) ‘‘(II) for which a request is made (not later amended by striking ‘‘and’’ at the end of relating to public transportation (as defined than May 1 of the calendar year) to receive paragraph (5), by striking the period at the in section 5302(14) of such title), and an allocation under clause (ii). end of paragraph (6) and inserting ‘‘, and’’, ‘‘(iii) will be generally available for public ‘‘(iv) UNUSED CARRYFORWARD AMOUNT.—For and by inserting after paragraph (6) the fol- use throughout the credit period. purposes of this paragraph, the term ‘unused lowing new paragraph: ‘‘(C) CREDIT PERIOD.— carryforward amount’ means, with respect to ‘‘(7) any Move America bond.’’. ‘‘(i) IN GENERAL.—Except as provided in any issuing authority for any calendar year, (2) SPECIAL RULE ON USE FOR LAND ACQUISI- clause (ii), the credit period with respect to the excess of— TION.—Subparagraph (A) of section 147(c)(1) any qualified facility is the period of 10 tax- ‘‘(I) the amount of the excess described in of the Internal Revenue Code of 1986 is able years beginning with the first taxable subparagraph (A) for the sixth preceding cal- amended by inserting ‘‘(50 percent in the year beginning in the calendar year in which endar year, over case of any issue of Move America bonds)’’ the facility is placed in service. ‘‘(II) the amount of bonds issued by such after ‘‘25 percent’’. ‘‘(ii) EARLY TERMINATION.—If at any time issuing authority to which subparagraph (A) (3) SPECIAL RULES FOR REHABILITATION EX- during the 10-taxable-year period described applied during the 5 preceding calendar PENDITURES.— in clause (i) a facility ceases to be a qualified years. (A) INCLUSION OF CERTAIN EXPENDITURES.— facility, or ceases and then recommences to ‘‘(4) FACILITY MUST BE LOCATED WITHIN Subparagraph (B) of section 147(d)(3) of the be a qualified facility, the credit period with STATE.— Internal Revenue Code of 1986 is amended by respect to such facility shall include only ‘‘(A) IN GENERAL.—No portion of the Move inserting ‘‘, except that, in the case of any the taxable years in such 10-year period in America volume cap of an issuing authority Move America bond, such term shall include which the facility was a qualified facility for for any calendar year may be used with re- any expenditure described in clause (v) the entire taxable year. spect to financing for a facility located out- thereof’’ before the period at the end. ‘‘(iii) DISPOSITIONS OF PROPERTY OR INTER- side of the authority’s State. (B) PERIOD FOR EXPENDITURES.—Subpara- EST RELATING TO QUALIFIED FACILITY.—A fa- ‘‘(B) EXCEPTION FOR CERTAIN FACILITIES graph (C) of section 147(d)(3) of such Code is cility shall not cease to be a qualified facil- WHERE STATE WILL GET PROPORTIONATE SHARE amended by inserting ‘‘(5 years, in the case ity solely by reason of the disposition of the OF BENEFIT.—Subparagraph (A) shall not of any Move America bond)’’ after ‘‘2 years’’. facility (or an interest therein) if it is rea- apply to any Move America bond the pro- (c) TREATMENT UNDER THE ALTERNATIVE sonably expected that such facility will oth- ceeds of which are used to provide a facility MINIMUM TAX.—Subparagraph (C) of section erwise continue to be a qualified facility. described in paragraph (4) or (5) of subsection 57(a)(5) of the Internal Revenue Code of 1986 ‘‘(iv) TREATMENT OF CREDIT IN CASE OF DIS- (b) if the issuer establishes that the State’s is amended by adding at the end the fol- POSITION.—If at any time during the 10-tax- share of the use of the facility will equal or lowing new clause: able-year period described in clause (i) a exceed the State’s share of the private activ- ‘‘(vii) EXCEPTION FOR MOVE AMERICA qualified facility (or an interest therein) is ity bonds issued to finance the facility. BONDS.—For purposes of clause (i), the term disposed of—

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‘‘(I) the credit under paragraph (1) for any ‘‘(I) IN GENERAL.—The maximum amount of a Move America investment ceases to be a year in such period beginning after the date equity investments issued by a qualified in- qualified infrastructure fund, or ceases and of the disposal shall be allowed to the acquir- frastructure fund in a calendar year which then recommences to be a qualified infra- ing person, and not to the person disposing of may be designated under clause (i)(III) by structure fund, any date described in para- the facility (or interest), and such fund shall not exceed 200 percent of the graph (1)(B) (including the date described in ‘‘(II) the credit under paragraph (1) for the portion of the State credit limitation allo- clause (i) thereof) occurring in— year of the disposal shall be allocated be- cated under subsection (c)(3)(A)(ii) to such ‘‘(i) the taxable year in which the fund tween such persons on the basis of the num- fund in such calendar year. ceased to be a qualified infrastructure fund, ber of days during such year the facility (or ‘‘(II) EXPIRATION.—If the limitation deter- or interest) was held by each. mined under subclause (I) with respect to an ‘‘(ii) any other taxable year in such period ‘‘(3) REALLOCATION.— infrastructure fund for a calendar year ex- in which the fund is not a qualified infra- ‘‘(A) IN GENERAL.—If any qualified facility ceeds the amount of equity investments des- structure fund for the entire taxable year, is not placed in service within 3 years of the ignated under clause (i)(III) by such fund in shall not be treated as a credit allowance date of the allocation under subsection (c)(3), such year, the State shall rescind such ex- date for purposes of paragraph (1). the State shall rescind the allocation under cess allocation. Any allocation so rescinded ‘‘(B) COMPLIANCE PERIOD.—For purposes of subsection (c)(3)(A)(i). Any allocation so re- may be reallocated by the State under sub- subparagraph (A), the term ‘compliance pe- scinded may be reallocated by the State section (c) (including to qualified facilities riod’ means the 10-taxable-year period begin- under subsection (c) (including to qualified for purposes of the credit under subsection ning with the taxable year that includes the infrastructure funds for purposes of the cred- (a)) within the immediately succeeding cal- date of the original issue of the Move Amer- it under subsection (b)) within the calendar endar year. ica investment. year in which it is so rescinded. ‘‘(III) REVERSION.—Any rescinded alloca- ‘‘(C) LOSS OF QUALIFICATION.—A fund shall ‘‘(B) REVERSION.—Any rescinded allocation tion which is not reallocated under subclause cease to be a qualified infrastructure fund as which is not reallocated under subparagraph (II) by the last day of such immediately suc- of the date more than 5 percent of the invest- (A) by the last day of the calendar year in ceeding calendar year shall revert to inclu- ments made by the fund are not qualified in- which it is so rescinded shall revert to inclu- sion in the State’s Move America volume cap vestments. For purposes of the preceding sion in the State’s Move America volume cap under section 142A(d) as if it had never been sentence, the amount of any cash received under section 142A(d) as if it had never been exchanged under subsection (c)(1). under subparagraph (A)(i)(I) that has not exchanged under subsection (c)(1). ‘‘(IV) NO MULTIPLE REALLOCATIONS.—Any been invested in any other asset before the ‘‘(C) NO MULTIPLE REALLOCATIONS.—Any re- rescinded allocation which is reallocated date that is 3 years after the date such cash scinded allocation which is reallocated under under subclause (II) and is subsequently re- is received shall not be taken into account in subparagraph (A) and is subsequently re- scinded shall not be further reallocated and determining investments made by the fund. scinded shall not be further reallocated and shall immediately revert to inclusion in the ‘‘(D) EXPIRATION OF CREDIT.—If substan- shall immediately revert to inclusion in the Move America volume cap as provided in tially all of the cash paid for any Move Move America volume cap as provided in subclause (III). America investment is not used to make subparagraph (B). ‘‘(iii) SAFE HARBOR FOR DETERMINING USE OF qualified investments designated under para- OORDINATION WITH DEDUCTION FOR DE- CASH.—The requirement of clause (i)(II) shall ‘‘(4) C graph (2)(A)(i)(III) within 3 years of the date PRECIATION, ETC.—The basis of any property be treated as met if at least 95 percent of the of original issue of such investment, any taken into account in determining the quali- aggregate gross assets of the qualified infra- date described in paragraph (1)(B) occurring fied basis of a qualified facility with respect structure fund (determined without regard in a taxable year which ends after the date to which a credit is allowed under this sec- to any cash received under clause (i)(I) that which is 3 years after such date of original tion shall be reduced by the aggregate has not been invested in any other asset be- issue shall not be treated as a credit allow- amount of the credit allowable under this fore the date that is 3 years after the date ance date for purposes of paragraph (1). section during all taxable years in the credit such cash is received) are invested in quali- period which is properly allocable to the cost fied investments. ‘‘(c) MOVE AMERICA CREDIT ALLOCATION.— basis of such property. The Secretary shall ‘‘(iv) TREATMENT OF SUBSEQUENT PUR- ‘‘(1) EXCHANGE OF MOVE AMERICA BOND VOL- provide for adjustments to basis in cases CHASERS.—The term ‘Move America invest- UME CAP.— where the taxpayer is not allowed a full cred- ment’ includes any equity investment which ‘‘(A) IN GENERAL.—If a State has in effect a it for all years in the credit period. would (but for clause (i)(I)) be a Move Amer- qualified allocation plan for a calendar year, ‘‘(b) MOVE AMERICA INFRASTRUCTURE FUND ica investment in the hands of the taxpayer the State may exchange (in such manner as CREDITS.— if such investment was a Move America in- the Secretary may prescribe) all or a portion ‘‘(1) ALLOWANCE OF CREDIT.— vestment in the hands of a prior holder. of the State’s Move America volume cap ‘‘(A) IN GENERAL.—For purposes of section ‘‘(B) QUALIFIED INFRASTRUCTURE FUND.— under section 142A(d) for such year for a 38, in the case of a taxpayer who holds a The term ‘qualified infrastructure fund’ State credit limitation. Move America investment on a credit allow- means— ‘‘(B) LIMITATION.—The amount of a State’s ance date of such investment which occurs ‘‘(i) a State infrastructure bank estab- Move America volume cap for a calendar during the taxable year, the Move America lished under section 610 of title 23, United year which may be exchanged under subpara- infrastructure fund credit for such taxable States Code, graph (A) shall not include any portion of year is an amount equal to 5 percent of the ‘‘(ii) a water pollution control revolving such cap which is attributable to an amount amount paid to the qualified infrastructure fund established under title VI of the Federal of State credit limitation which has reverted fund for such investment at its original Water Pollution Control Act (33 U.S.C. 1381 under paragraph (3)(D) or subsection (a)(3)(B) issue. et seq.), or (b)(2)(A)(ii)(IV). ‘‘(B) CREDIT ALLOWANCE DATE.—For pur- ‘‘(iii) a drinking water treatment revolving ‘‘(2) STATE CREDIT LIMITATION.—For pur- poses of subparagraph (A), except as provided loan fund established under section 1452 of poses of this section, the State credit limita- in paragraph (3), the term ‘credit allowance the Safe Drinking Water Act (42 U.S.C. 300j– tion with respect to any State for a calendar date’ means with respect to any Move Amer- 12), or year is a dollar amount equal to 25 percent of ica investment— ‘‘(iv) an equivalent fund established or des- the Move America volume cap exchanged ‘‘(i) the date on which such investment is ignated by the State or any instrumentality under paragraph (1) for such calendar year. initially made, and thereof and certified by the Secretary as ‘‘(3) ALLOCATION.— ‘‘(ii) each of the 9 anniversary dates of having a primary purpose of financing quali- ‘‘(A) IN GENERAL.—A State may allocate such date thereafter. fied facilities. the State credit limitation, according to the ‘‘(2) DEFINITIONS.—For purposes of this sec- In the case of a fund described in clause (ii) qualified allocation plan, for any calendar tion— or (iii), the amount of any Move America in- year among— ‘‘(A) MOVE AMERICA INVESTMENT.— vestment shall not be included in deter- ‘‘(i) qualified facilities in the State for pur- ‘‘(i) IN GENERAL.—The term ‘Move America mining the amount of State or other non- poses of the Move America equity credit investment’ means any equity investment in Federal contributions to such fund. under subsection (a), and a qualified infrastructure fund, if— ‘‘(C) QUALIFIED INVESTMENT.—The term ‘‘(ii) qualified infrastructure funds in the ‘‘(I) such investment is acquired by the ‘qualified investment’ means an investment State for purposes of the Move America in- taxpayer at its original issue solely in ex- (whether by loan, loan guarantee, or equity frastructure fund credit under subsection (b). change for cash, investment) in— ‘‘(B) QUALIFIED ALLOCATION PLAN.— ‘‘(II) substantially all of such cash is used ‘‘(i) qualified facilities, or ‘‘(i) IN GENERAL.—For purposes of this sub- by the qualified infrastructure fund to make ‘‘(ii) in the case of a fund described in section, the term ‘qualified allocation plan’ qualified investments, and clause (i), (ii), or (iii) of subparagraph (B), means any plan— ‘‘(III) such investment is designated for projects and activities for which such funds ‘‘(I) which sets forth selection criteria to purposes of this subsection by the qualified are authorized to be used under any other be used in determining infrastructure prior- infrastructure fund, including a designation provision of law. ities of the State and allocating the State of the qualified investment which will be ‘‘(3) EARLY TERMINATION.— credit limitation among facilities (in accord- made with such investment. ‘‘(A) IN GENERAL.—If at any time during ance with clause (ii)) and infrastructure ‘‘(ii) LIMITATION.— the compliance period the fund which issued funds in the State, and

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00101 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.067 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5630 CONGRESSIONAL RECORD — SENATE August 2, 2021 ‘‘(II) which provides a procedure that the 1986 is amended by redesignating clauses (iv) to authorize funds for Federal-aid high- State (or an agent or other private con- through (xii) as clauses (vi) through (xiv), re- ways, highway safety programs, and tractor of the State) will follow in moni- spectively, and by inserting after clause (iii) transit programs, and for other pur- toring for noncompliance with the provisions the following new clauses: poses; which was ordered to lie on the of this section and in notifying the Internal ‘‘(iv) the credit determined under section Revenue Service of such noncompliance. 42A(a)(1), table; as follows: ‘‘(ii) LIMITATION BASED ON FACILITY FEASI- ‘‘(v) the credit determined under section At the appropriate place in division I, in- BILITY FOR MOVE AMERICA EQUITY CREDITS.— 42A(b)(1),’’. sert the following: ‘‘(I) IN GENERAL.—In the case of an alloca- (2) BASE EROSION TAX.—Section SEC. lll. E–VERIFY COMPLIANCE REQUIRE- tion with respect to any qualified facility for 59A(b)(1)(B)(ii) of such Code is amended by MENT. purposes of the Move America equity credit striking ‘‘plus’’ at the end of subclause (I), (a) LIMITATION.—Notwithstanding any under subsection (a), such allocation shall by redesignating subclause (II) as subclause other provision of law, Federal assistance, not exceed the minimum amount which the (III), and by inserting after subclause (I) the grants, subgrants, contracts, and sub- State transportation authority or other ap- following new subclause: contracts authorized under this Act may plicable agency determines is required for ‘‘(II) the credit allowed under section 38 for only be awarded to entities that have en- the financial feasibility of the facility and the taxable year which is properly allocable rolled in, and maintain compliance with all its viability for completion and availability to the sum of the Move America equity cred- statutes, regulations, and policies regarding for public use throughout the credit period. it under section 42A(a)(1) and the Move the E-Verify Program described in section ‘‘(II) MINIMUM FEASIBILITY DETERMINA- America infrastructure fund credit under 403(a) of the Illegal Immigration Reform and TION.—In making the determination under section 42A(b)(1), plus’’. Immigrant Responsibility Act of 1996 (8 subclause (I), such entity shall consider the (d) CLERICAL AMENDMENT.—The table of U.S.C. 1324a note). sources and uses of funds and the total fi- sections for subpart D of part IV of sub- (b) REQUIREMENT.—Any entity that has not nancing planned for the facility, any pro- chapter A of chapter 1 of the Internal Rev- previously enrolled in, or had enrolled but ceeds or receipts expected to be generated by enue Code of 1986 is amended by inserting did not maintain compliance with all stat- reason of tax benefits, the reasonableness of after the item relating to section 42 the fol- utes, regulations, and policies regarding, the the developmental and operational costs of lowing new item: E–Verify Program shall enroll in and certify the facility over the full expected oper- ‘‘Sec. 42A. Move America credits.’’. compliance with such statutes, regulations ational life of the facility, ancillary costs (e) EFFECTIVE DATE.—The amendments and policies before being eligible to receive (including right-of-way and procurement made by this section shall apply to taxable any Federal assistance, grants, subgrants, costs), financing costs, and retained and years beginning after the date of the enact- contracts, or subcontracts authorized under transferred risk. ment of this Act. this Act. ‘‘(C) SPECIAL RULES RELATING TO MOVE (f) REPORTING.—A State shall, at such time AMERICA EQUITY CREDIT.— and in such manner as the Secretary of the ‘‘(i) LIMITATION.—The amount allocated to Treasury shall require, report— SA 2234. Mr. LANKFORD submitted a qualified facility under subparagraph (A)(i) (1) to the Secretary of the Treasury— an amendment intended to be proposed shall not exceed the eligible basis of such fa- (A) the amount of the Move America vol- to amendment SA 2137 proposed by Mr. cility. ume cap of the State for the calendar year SCHUMER (for Ms. SINEMA (for herself, ‘‘(ii) ELIGIBLE BASIS.—For purposes of this which is exchanged under section 42A(c)(1) of Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- section, except as provided in clause (iii), the the Internal Revenue Code of 1986 for a State SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. eligible basis of any qualified facility is the credit limitation; TESTER, Ms. MURKOWSKI, Mr. WARNER, lesser of— (B) the amount (if any) of the State credit and Mr. ROMNEY)) to the bill H.R. 3684, ‘‘(I) the portion of the basis of such facility limitation allocated under section which is attributable to the aggregate 42A(c)(3)(A)(i) of such Code to qualified fa- to authorize funds for Federal-aid high- amount of equity investment of all tax- cilities, the amount so allocated to each ways, highway safety programs, and payers in the costs of the facility which are such facility, and the taxpayer with respect transit programs, and for other pur- subject to the allowance for depreciation (de- to such facility (including the name of the poses; which was ordered to lie on the termined as of the last day of the calendar taxpayer and any other identifying informa- table; as follows: year in which the facility is placed in serv- tion as the Secretary of the Treasury shall At the appropriate place in division I, in- ice), or require); and sert the following: ‘‘(II) 20 percent of the costs of the facility (C) the amount (if any) of the State credit which are subject to the allowance for depre- SEC. lll. PROCUREMENT FOR BORDER WALL limitation allocated under section CONSTRUCTION. ciation (determined as of the last day of the 42A(c)(3)(A)(ii) of such Code to qualified in- (a) TERMINATION OF PRESIDENTIAL PROCLA- calendar year in which the facility is placed frastructure funds, the amount so allocated MATION 10142.— in service). to each such fund, and each taxpayer holding (1) IN GENERAL.—Notwithstanding any ‘‘(iii) EXCLUSION OF GOVERNMENT ASSIST- any Move America investment with respect other provision of law, beginning on the date ANCE.—Eligible basis shall not include any to any such fund (including the name of the of the enactment of this Act— portion of the basis of such facility which is taxpayer and any other identifying informa- (A) the Secretary of Homeland Security or attributable to any assistance or financing tion as the Secretary of the Treasury shall any other Federal official may not imple- provided by a Federal, State, or local govern- require); ment the provisions of Presidential Procla- ment (determined as of the last day of the (2) to the Secretary of the Treasury and mation 10142; and calendar year in which the facility is placed any taxpayer who is the sponsor of a quali- (B) all regulations, policies, and oper- in service). fied facility receiving an allocation under ational guidance contained in such procla- ‘‘(D) REVERSION OF UNALLOCATED LIMITA- section 42A(c)(3)(A)(i) of such Code, the date mation that have been implemented shall be TION.—Any portion of the State credit limi- on which the qualified facility is placed in immediately terminated. tation for any calendar year which remains service; and (2) REVERSION TO PRIOR TERMS.—Notwith- unallocated as of the last day of such cal- (3) to the Secretary of the Treasury and standing any other provision of law, upon endar year shall revert to inclusion in the any taxpayer holding a Move America in- the termination of all regulations, policies, State’s Move America volume cap under sec- vestment, a certification that the entity and operational modifications that have tion 142A(d) as if it had never been ex- which issued the investment is a qualified in- been issued to implement Presidential Proc- changed under paragraph (1).’’. frastructure fund and that the investment lamation 10142, all contracts for the con- (b) CREDITS MADE PART OF GENERAL BUSI- will be used to make qualified investments struction or improvement of any physical NESS CREDIT.—Subsection (b) of section 38 of designated for purposes of section barrier along the United States border shall the Internal Revenue Code of 1986 is amend- 42A(b)(2)(A)(i)(III) of the Internal Revenue be carried out in accordance with the terms ed— Code of 1986. (1) by striking ‘‘plus’’ at the end of para- For purposes of this subsection, any term set in effect before January 20, 2021. graph (32), used in this subsection that is also used in (b) PROHIBITION OF CONTRACT MODIFICA- (2) by striking the period at the end of section 42A or 142A of such Code has the TIONS.—The Secretary of Homeland Security paragraph (33) and inserting a comma, and same meaning as when used in such section. may not carry out any successor Executive (3) by adding at the end the following new Order, Presidential Proclamation, regula- paragraphs: SA 2233. Mr. LANKFORD submitted tion, policy guidance, or operational guid- ‘‘(34) the Move America equity credit under an amendment intended to be proposed ance that seeks to cancel, invalidate, breach, section 42A(a)(1), plus to amendment SA 2137 proposed by Mr. terminate, or impose additional environ- mental, agricultural, or other reviews re- ‘‘(35) the Move America infrastructure fund SCHUMER (for Ms. SINEMA (for herself, credit under section 42A(b)(1).’’. quired by statute or regulation upon con- ORTMAN ANCHIN AS (c) TREATMENT UNDER ALTERNATIVE MIN- Mr. P , Mr. M , Mr. C - tracts that the Federal Government has al- IMUM TAX AND BASE EROSION TAX.— SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ready awarded for the construction or im- (1) ALTERNATIVE MINIMUM TAX.—Section TESTER, Ms. MURKOWSKI, Mr. WARNER, provement of any physical barrier along the 38(c)(4)(B) of the Internal Revenue Code of and Mr. ROMNEY)) to the bill H.R. 3684, United States border.

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00102 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.067 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5631 SA 2235. Mr. KELLY (for himself, Mr. intended to be proposed to amendment (2) ELIGIBLE ENTITY.—The term ‘‘eligible CRUZ, Mr. BURR, Mr. HICKENLOOPER, SA 2137 proposed by Mr. SCHUMER (for entity’’ means an entity engaged in or in- and Ms. CORTEZ MASTO) submitted an Ms. SINEMA (for herself, Mr. PORTMAN, tending to engage in— (A) the mining, processing, refining, amendment intended to be proposed to Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA- amendment SA 2137 proposed by Mr. alloying, separating, smelting, concen- HEEN, Ms. COLLINS, Mr. TESTER, Ms. trating, or beneficiating of critical minerals SCHUMER (for Ms. SINEMA (for herself, MURKOWSKI, Mr. WARNER, and Mr. ROM- or the reprocessing or recycling of mine Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- NEY)) to the bill H.R. 3684, to authorize tailings, smelter or refinery slags, or resi- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. funds for Federal-aid highways, high- dues; or TESTER, Ms. MURKOWSKI, Mr. WARNER, way safety programs, and transit pro- (B) any other value-added, mining-related, and Mr. ROMNEY)) to the bill H.R. 3684, grams, and for other purposes; which manufacturing-related, or processing-related to authorize funds for Federal-aid high- was ordered to lie on the table; as fol- use of critical minerals undertaken within ways, highway safety programs, and lows: the United States. transit programs, and for other pur- (3) ELIGIBLE MINERAL.—The term ‘‘eligible On page 1225, strike lines 5 and 6 and insert mineral’’ means each of the critical minerals poses; which was ordered to lie on the the following: table; as follows: identified by the Secretary and the Sec- the transit worker.’’; retary of Defense under subsection (b)(2)(A). At the end of subtitle E of title I of divi- (3) in subparagraph (E) of paragraph (2) (as (4) PROGRAM.—The term ‘‘program’’ means sion A, add the following: so redesignated)— the competitive grant program established SEC. 115ll. HIGHWAY FORMULA MODERNIZA- (A) by striking ‘‘and the installation’’ and under subsection (b)(1). TION STUDY. inserting ‘‘, the installation’’; and (5) SECRETARY.—The term ‘‘Secretary’’ (a) IN GENERAL.—The Secretary, in con- (B) by inserting ‘‘, and bikeshare projects’’ means the Secretary of the Interior. sultation with the State departments of after ‘‘public transportation vehicles’’; and (b) PROGRAM ESTABLISHMENT.— transportation and representatives of local (4) in subparagraph (G) of paragraph (4) (as governments (including metropolitan plan- (1) IN GENERAL.—The Secretary, in coordi- ning organizations), shall conduct a highway SA 2237. Mr. WYDEN submitted an nation with the Secretary of Defense, shall establish a program to use amounts from the formula modernization study to assess the amendment intended to be proposed to method and data used to apportion Federal- Defense Production Act Fund under section aid highway funds under subsections (b) and amendment SA 2137 proposed by Mr. 304 of the Defense Production Act of 1950 (50 (c) of section 104 of title 23, United States SCHUMER (for Ms. SINEMA (for herself, U.S.C. 4534) to award competitive grants to Code, and issue recommendations relating to Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- eligible entities for the processing, refining, that method and data. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. alloying, separating, smelting, concen- (b) ASSESSMENT.—The highway formula TESTER, Ms. MURKOWSKI, Mr. WARNER, trating, or beneficiating of eligible minerals. modernization study required under sub- and Mr. ROMNEY)) to the bill H.R. 3684, (2) DETERMINATION; IDENTIFICATION.— section (a) shall include an assessment of, to authorize funds for Federal-aid high- (A) ELIGIBLE MINERALS.—Not later than 1 based on the latest available data, whether year after the date of enactment of this Act, the apportionment method described in that ways, highway safety programs, and the Secretary and the Secretary of Defense, subsection results in— transit programs, and for other pur- in coordination with the National Economic (1) an equitable distribution of funds based poses; which was ordered to lie on the Council, shall jointly identify 10 critical on the estimated tax payments attributable table; as follows: minerals that are the most critical for man- to— In section 40901, strike paragraphs (11) and ufacturing. (A) highway users in the State that are (12) and insert the following: (B) SUITABLE LOCATIONS.—The Secretary, paid into the Highway Trust Fund; and (11) $100,000,000 for multi-benefit projects in coordination with the Secretary of De- (B) individuals in the State that are paid to improve watershed health in accordance fense, shall identify Federal and non-Federal to the Treasury, based on contributions to with section 40907; land for which it is economically feasible the Highway Trust Fund from the general (12) $50,000,000 for endangered species re- and environmentally sound to mine the eli- fund of the Treasury; and covery and conservation programs in the gible minerals. (2) the achievement of the goals described Colorado River Basin in accordance with— (3) SELECTION.— in section 101(b)(3) of title 23, United States (A) Public Law 106–392 (114 Stat. 1602); (A) APPLICATIONS.—An eligible entity seek- Code. (B) the Grand Canyon Protection Act of ing a grant under the program shall submit (c) CONSIDERATIONS.—In the assessment to the Secretary an application at such time, under subsection (b), the Secretary shall 1992 (Public Law 102–575; 106 Stat. 4669); and in such manner, and containing such infor- consider the following: (C) subtitle E of title IX of the Omnibus mation as the Secretary may require. (1) The factors described in sections 104(b), Public Land Management Act of 2009 (Public (B) SELECTION CRITERIA.—In awarding 104(f)(2), 104(h)(2), 130(f), and 144(e) of title 23, Law 111–11; 123 Stat. 1327); and grants under the program, the Secretary United States Code, as in effect on the date (13) $500,000,000 for rural water supply shall only award grants to eligible entities of enactment of SAFETEA–LU (Public Law projects that serve Indian Tribes under the that— 109–59; 119 Stat. 1144). rural water supply program under section 103 (i) have documented interests in con- (2) The availability and accuracy of data of the Rural Water Supply Act of 2006 (43 structing, expanding, or modernizing facili- necessary to calculate formula apportion- U.S.C. 2402), with priority to be given to ties that carry out an activity or use de- ments under the factors described in para- funding rural water supply projects that re- graph (1). spond to emergency situations in which a scribed in subparagraph (A) or (B) of sub- (3) The measures established under section lack of access to clean drinking water section (a)(2); and 150 of title 23, United States Code, and threatens the health of a Tribal population. (ii) in the determination of the Secretary whether those measures are appropriate for of Defense, in coordination with the Sec- consideration as formula apportionment fac- SA 2238. Mr. WYDEN submitted an retary, demonstrate strong labor protec- tors. amendment intended to be proposed to tions, including prevailing wage require- (4) Any other factors that the Secretary amendment SA 2137 proposed by Mr. ments. (4) USE OF FUNDS.—A grant under the pro- determines are appropriate. SCHUMER (for Ms. SINEMA (for herself, (d) RECOMMENDATIONS.—The Secretary, in gram may be used for the environmental as- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- consultation with the State departments of sessment, processing, mitigation, and clean- transportation and representatives of local SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. up necessary to mine, process, refine, alloy, governments (including metropolitan plan- TESTER, Ms. MURKOWSKI, Mr. WARNER, separate, smelt, concentrate, or beneficiate ning organizations), shall develop rec- and Mr. ROMNEY)) to the bill H.R. 3684, eligible minerals on the Federal and non- ommendations on a new apportionment to authorize funds for Federal-aid high- Federal land identified under paragraph method, including— ways, highway safety programs, and (2)(B). (1) the factors recommended to be included transit programs, and for other pur- (5) ENVIRONMENTAL LAWS.—In carrying out activities using a grant under the program, in the new apportionment method; poses; which was ordered to lie on the (2) the weighting recommended to be ap- an eligible entity shall comply with— plied to the factors recommended under table; as follows: (A) all applicable environmental laws (in- paragraph (1); and At the appropriate place in title II of divi- cluding regulations); and (3) any other recommendations to ensure sion D, insert the following: (B) any other environmental standards de- that the new apportionment method best SEC. 402ll. CRITICAL MINERAL MINING PRO- termined to be necessary by the Secretary. achieves an equitable distribution of funds GRAM. (6) FUNDING.—Notwithstanding any other described under subsection (b)(1) and the (a) DEFINITIONS.—In this section: provision of law, of the amounts available in goals described in subsection (b)(2). (1) CRITICAL MINERAL.—The term ‘‘critical the Defense Production Act Fund under sec- mineral’’ has the meaning given the term in tion 304 of the Defense Production Act of 1950 SA 2236. Mr. WYDEN (for himself and section 7002(a) of the Energy Act of 2020 (30 (50 U.S.C. 4534), the Secretary, in coordina- Mr. BROWN) submitted an amendment U.S.C. 1606(a)). tion with the Secretary of Defense, may use

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00103 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.059 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5632 CONGRESSIONAL RECORD — SENATE August 2, 2021 $50,000,000 each fiscal year to carry out the In section 40804(b)(6)(A), strike an amendment intended to be proposed program. ‘‘$100,000,000’’ and insert ‘‘$250,000,000’’. to amendment SA 2137 proposed by Mr. In section 40804(b)(6)(B), strike SCHUMER (for Ms. SINEMA (for herself, Mr. WYDEN (for himself and ‘‘$100,000,000’’ and insert ‘‘$250,000,000’’. SA 2239. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- Ms. CANTWELL) submitted an amend- In section 40804(b)(7), strike ‘‘$100,000,000’’ SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ment intended to be proposed to and insert ‘‘$500,000,000’’. TESTER, Ms. MURKOWSKI, Mr. WARNER, amendment SA 2137 proposed by Mr. In section 40804(b)(8), strike ‘‘$200,000,000’’ and insert ‘‘$500,000,000’’. and Mr. ROMNEY)) to the bill H.R. 3684, SCHUMER (for Ms. SINEMA (for herself, In section 40804(b)(8)(A), strike to authorize funds for Federal-aid high- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ‘‘$100,000,000’’ and insert ‘‘$250,000,000’’. ways, highway safety programs, and SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. In section 40804(b)(8)(B), strike transit programs, and for other pur- TESTER, Ms. MURKOWSKI, Mr. WARNER, ‘‘$100,000,000’’ and insert ‘‘$250,000,000’’. In section 40804(b)(9)(B), strike ‘‘and’’. poses; which was ordered to lie on the and Mr. ROMNEY)) to the bill H.R. 3684, table; as follows: to authorize funds for Federal-aid high- In section 40804(b)(10), strike the period at the end and insert a semicolon. At the appropriate place in division I, in- ways, highway safety programs, and At the end of section 40804(b), add the fol- sert the following: transit programs, and for other pur- lowing: SEC. lll. LOCAL ASSISTANCE AND TRIBAL poses; which was ordered to lie on the (11) $40,000,000 for the Secretary of Agri- CONSISTENCY FUND. table; as follows: culture to create a national community ca- (a) IN GENERAL.—Section 605 of the Social In section 40803(a), strike ‘‘$3,369,200,000’’ pacity for land stewardship program to sup- Security Act (42 U.S.C. 805) is amended to and insert ‘‘$9,882,000,000’’. port collaborative conservation efforts on read as follows: In section 40803(c)(9), strike ‘‘$20,000,000’’ public land; ‘‘SEC. 605. LOCAL ASSISTANCE AND TRIBAL CON- and insert ‘‘$40,000,000’’. (12) $200,000,000 for grants for the acquisi- SISTENCY FUND. ‘‘(a) APPROPRIATION.—In addition to In section 40803(c)(9)(A), strike tion of community wood energy systems amounts otherwise available, there is appro- ‘‘$10,000,000’’ and insert ‘‘$20,000,000’’. under the Community Wood Energy and In section 40803(c)(9)(B), strike ‘‘$10,000,000’’ Wood Innovation Program established under priated for fiscal year 2021, out of any money and insert ‘‘$20,000,000’’. section 9013 of the Farm Security and Rural in the Treasury not otherwise appropriated, In section 40803(c)(11), strike ‘‘$500,000,000’’ Investment Act of 2003 (7 U.S.C. 8113); $2,000,000,000 to remain available until Sep- and insert ‘‘$1,500,000,000’’. (13) $100,000,000 for the State and private tember 30, 2023, with amounts to be obligated In section 40803(c)(11)(B)(i), strike forest landscape-scale restoration program for each of fiscal years 2022 and 2023 in ac- ‘‘$100,000,000’’ and insert ‘‘$300,000,000’’. established under section 13A of the Coopera- cordance with subsection (b), for making In section 40803(c)(11)(B)(ii), strike tive Forestry Assistance Act of 1978 (16 payments under this section to eligible rev- ‘‘$400,000,000’’ and insert ‘‘$1,200,000,000’’. U.S.C. 2109a); enue sharing recipients, eligible Tribal gov- In section 40803(c)(12), strike ‘‘$500,000,000’’ (14) $500,000,000 for forest health protection ernments, and territories. and insert ‘‘$1,500,000,000’’. activities under section 8 of the Cooperative ‘‘(b) AUTHORITY TO MAKE PAYMENTS.— In section 40803(c)(13), strike ‘‘$500,000,000’’ Forestry Assistance Act of 1978 (16 U.S.C. ‘‘(1) ALLOCATIONS AND PAYMENTS TO ELIGI- and insert ‘‘$1,500,000,000’’. 2104); BLE REVENUE SHARING RECIPIENTS.— In section 40803(c)(13)(A), strike (15) $250,000,000 for activities under the Co- ‘‘(A) ALLOCATIONS TO REVENUE SHARING ‘‘$250,000,000’’ and insert ‘‘$750,000,000’’. operative Forestry Assistance Act of 1978 (16 COUNTIES.—For each of fiscal years 2022 and In section 40803(c)(13)(B), strike U.S.C. 2101 et seq.) that focus on the working 2023, the Secretary shall reserve $742,500,000 ‘‘$250,000,000’’ and insert ‘‘$750,000,000’’. forest landscapes priority described in sec- of the total amount appropriated under sub- In section 40803(c)(14), strike ‘‘$500,000,000’’ tion 2(c)(1) of that Act (16 U.S.C. 2101(c)(1)); section (a) to allocate to each revenue shar- and insert ‘‘$1,500,000,000’’. (16) $500,000,000 for the community forest ing county and, except as provided in sub- In section 40803(c)(14)(A), strike and open space conservation program estab- paragraph (B), pay to each revenue sharing ‘‘$250,000,000’’ and insert ‘‘$750,000,000’’. lished under section 7A of the Cooperative county that is an eligible revenue sharing In section 40803(c)(14)(B), strike Forestry Assistance Act of 1978 (16 U.S.C. county amounts that are determined by the ‘‘$250,000,000’’ and insert ‘‘$750,000,000’’. 2103d); Secretary taking into account the amount of In section 40803(c)(16), strike ‘‘$200,000,000’’ (17) $100,000,000 for urban and community entitlement land in each revenue sharing and insert ‘‘$500,000,000’’. forestry assistance under section 9 of the Co- county and the economic conditions of each In section 40803(c)(16)(A), strike operative Forestry Assistance Act of 1978 (16 revenue sharing county, using such measure- ‘‘$100,000,000’’ and insert ‘‘$250,000,000’’. U.S.C. 2105); ments of poverty, household income, and un- In section 40803(c)(16)(B), strike (18) $1,000,000,000 for vegetation and water- employment over the most recent 20-year pe- ‘‘$100,000,000’’ and insert ‘‘$250,000,000’’. shed management; riod as of September 30, 2021, to the extent In section 40803(c)(17), strike ‘‘$8,000,000’’ (19) $5,000,000,000 for capital improvements data are available, as well as other economic and insert ‘‘$20,000,000’’. and maintenance; and indicators the Secretary determines appro- In section 40803(c)(17)(B), strike ‘‘and’’ at (20) $200,000,000 for the Joint Chiefs pro- priate. the end. gram. ‘‘(B) SPECIAL ALLOCATION RULES.— In section 40803(c)(18), strike the period at In section 40804(e)(1), strike ‘‘$45,000,000’’ ‘‘(i) REVENUE SHARING COUNTIES WITH LIM- the end and insert a semicolon. and insert ‘‘$225,000,000’’. ITED GOVERNMENT FUNCTIONS.—In the case of At the end of section 40803(c), add the fol- In section 40804(e)(1), strike ‘‘$35,000,000’’ an amount allocated to a revenue sharing lowing: and insert ‘‘$175,000,000’’. county under subparagraph (A) that is a (19) $500,000,000 to be distributed under the In section 40804(e)(2)(A), strike county with limited government functions, Cooperative Forestry Assistance Act of 1978 ‘‘$20,000,000’’ and insert ‘‘$100,000,000’’. the Secretary shall allocate and pay such (16 U.S.C. 2101 et seq.) to build capacity for In section 40804(e)(2)(B), strike ‘‘$5,000,000’’ amount to each eligible revenue sharing wildfire prevention, mitigation, control, and and insert ‘‘$25,000,000’’. local government within such county with suppression on non-Federal land; limited government functions in an amount (20) $1,500,000,000 for entering into con- SA 2240. Mr. WYDEN (for himself, determined by the Secretary taking into ac- tracts with Indian Tribes under the Indian Mr. CRAPO, and Mr. RISCH) submitted count the amount of entitlement land in Self-Determination Act (25 U.S.C. 5321 et an amendment intended to be proposed each eligible revenue sharing local govern- seq.) for the purpose of implementing for- to amendment SA 2137 proposed by Mr. ment and the population of such eligible rev- estry projects that further Tribal priorities; enue sharing local government relative to SCHUMER (for Ms. SINEMA (for herself, and the total population of such county with (21) $50,000,000 for wood innovation relating Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- limited government functions. to hazardous fuels under the Healthy Forests SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ‘‘(ii) ELIGIBLE REVENUE SHARING COUNTY IN Restoration Act of 2003 (16 U.S.C. 6501 et TESTER, Ms. MURKOWSKI, Mr. WARNER, ALASKA.—In the case of the eligible revenue seq.). and Mr. ROMNEY)) to the bill H.R. 3684, sharing county described in subparagraph In section 40804(a), strike ‘‘$2,130,000,000’’ to authorize funds for Federal-aid high- (f)(3)(C), the Secretary shall pay the amount and insert ‘‘$12,320,000,000’’. ways, highway safety programs, and allocated to such eligible revenue sharing In section 40804(b)(1), strike ‘‘$300,000,000’’ transit programs, and for other pur- county to the State of Alaska. The State of and insert ‘‘$1,000,000,000’’. Alaska shall distribute such payment to In section 40804(b)(1)(B)(i), strike poses; which was ordered to lie on the home rule cities and general law cities (as ‘‘$50,000,000’’ and insert ‘‘$200,000,000’’. table; as follows: such cities are defined by the State) located In section 40804(b)(1)(B)(ii), strike In section 40101(e)(2)(C) of division D, in- within the boundaries of the eligible revenue ‘‘$150,000,000’’ and insert ‘‘$700,000,000’’. sert ‘‘with respect to the same project’’ after sharing county for which the payment was In section 40804(b)(4), strike ‘‘$400,000,000’’ ‘‘subsection (d)’’. received. and insert ‘‘$1,000,000,000’’. ‘‘(C) PRO RATA ADJUSTMENT AUTHORITY.— In section 40804(b)(6), strike ‘‘$200,000,000’’ SA 2241. Mr. WYDEN (for himself, The amounts otherwise determined for allo- and insert ‘‘$500,000,000’’. Mr. CRAPO, and Mr. RISCH) submitted cation and payment under subparagraphs (A)

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00104 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.059 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5633 and (B) may be adjusted by the Secretary on ing local government’ means a unit of gen- ‘‘(AA) the second and third most recent de- a pro rata basis to the extent necessary to eral local government (as defined in section cennial censuses; and ensure that all available funds are allocated 6901(2) of title 31, United States Code) in ‘‘(BB) the Small Area Income and Poverty and paid to eligible revenue sharing recipi- which entitlement land is located that is not Estimates of the Bureau of the Census for ents in accordance with the requirements a county or territory and which is eligible the most recent year for which the Esti- specified in each such subparagraph. for a payment under section 6902(a) of title mates are available; or ‘‘(2) ALLOCATIONS AND PAYMENTS TO ELIGI- 31, United States Code. ‘‘(bb) any census tract with a poverty rate BLE TRIBAL GOVERNMENTS.—For each of fiscal ‘‘(5) ELIGIBLE REVENUE SHARING RECIPI- of not less than 20 percent, as measured by years 2022 and 2023, the Secretary shall re- ENTS.—The term ‘eligible revenue sharing re- most recent 5-year data series available from serve $250,000,000 of the total amount appro- cipients’ means, collectively, eligible rev- the American Community Survey of the Bu- priated under subsection (a) to allocate and enue sharing counties and eligible revenue reau of the Census. pay to eligible Tribal governments in sharing local governments. ‘‘(II) INCREASED FEDERAL SHARE.—A grant amounts that are determined by the Sec- ‘‘(6) ELIGIBLE TRIBAL GOVERNMENT.—The made under this section for operating assist- retary taking into account economic condi- term ‘eligible Tribal government’ means the ance for a recipient or subrecipient that op- tions of each eligible Tribe. recognized governing body of an eligible erates public transportation that serves an ‘‘(3) ALLOCATIONS AND PAYMENTS TO TERRI- Tribe. area that meets 1 or more of the criteria TORIES.—For each of fiscal years 2022 and ‘‘(7) ELIGIBLE TRIBE.—The term ‘eligible under subclause (III) shall be for 80 percent 2023, the Secretary shall reserve $7,500,000 of Tribe’ means any Indian or Alaska Native of the net operating costs of the project, as the total amount appropriated under sub- tribe, band, nation, pueblo, village, commu- determined by the Secretary. section (a) to allocate and pay to each terri- nity, component band, or component res- ‘‘(III) CRITERIA.—The criteria referred to in tory an amount which bears the same pro- ervation, individually identified (including subclause (II) are that an area— portion to the amount reserved in this para- parenthetically) in the list published most ‘‘(aa) is an area of persistent poverty; graph as the population of such territory recently as of March 11, 2021, pursuant to ‘‘(bb) is a county in which not less than 25 bears to the total population of all such ter- section 104 of the Federally Recognized In- percent of residents are age 65 or older, ac- ritories. dian Tribe List Act of 1994 (25 U.S.C. 5131). cording to the most recent 5-year estimate of ‘‘(c) USE OF PAYMENTS.—An eligible rev- ‘‘(8) ENTITLEMENT LAND.—The term ‘enti- the American Community Survey of the Bu- enue sharing recipient, an eligible Tribal tlement land’ has the meaning given to such reau of the Census; government, or a territory may use funds term in section 6901(1) of title 31, United ‘‘(cc) is a county that, or is a county that provided under a payment made under this States Code. includes a site that— section for any governmental purpose other ‘‘(9) REVENUE SHARING COUNTY.—The term ‘‘(AA) has been designated by the Sec- than a lobbying activity. ‘revenue sharing county’ means— retary of Health and Human Services as a ‘‘(d) REPORTING REQUIREMENT.—Any eligi- ‘‘(A) an eligible revenue sharing county; or health professional shortage area under sec- ble revenue sharing recipient, any eligible ‘‘(B) a county with limited government tion 332(a) of the Public Health Service Act Tribal government, and any territory receiv- functions. (42 U.S.C. 254e(a)) on the basis of a primary ing a payment under this section shall pro- ‘‘(10) SECRETARY.—The term ‘Secretary’ care or mental health care shortage; and vide to the Secretary periodic reports pro- means the Secretary of the Treasury. ‘‘(BB) received a health professional short- viding a detailed accounting of the uses of ‘‘(11) TERRITORY.—The term ‘territory’ age area score for the most recent program fund by such eligible revenue sharing recipi- means— year, with respect to primary care or mental ent, eligible Tribal government, or territory, ‘‘(A) the Commonwealth of Puerto Rico; health care, that was not less than the low- as applicable, and such other information as ‘‘(B) the United States Virgin Islands; est minimum score, as designated by the the Secretary may require for the adminis- ‘‘(C) Guam; Secretary of Health and Human Services for tration of this section. ‘‘(D) the Commonwealth of the Northern that program year, necessary for the site to ‘‘(e) RECOUPMENT.—Any eligible revenue sharing recipient, any eligible Tribal govern- Mariana Islands; or be eligible for the assignment of National ment, or any territory that has failed to sub- ‘‘(E) American Samoa.’’. Health Service Corps members providing pri- (b) EFFECTIVE DATE.—The amendment mit a report required under subsection (d) or mary care or mental health care, respec- made by subsection (a) shall take effect on failed to comply with subsection (c), shall be tively, for fulfillment of obligated service the date of enactment of this Act. required to repay to the Secretary an under the National Health Service Corps Scholarship Program; or amount equal to— SA 2242. Mr. ROUNDS (for himself, ‘‘(1) in the case of a failure to comply with ‘‘(dd) is a county with a population density Ms. SMITH, Mr. WARNOCK, Ms. LUMMIS, subsection (c), the amount of funds used in of not more than 20 persons per square mile violation of such subsection; and Ms. BALDWIN, and Mr. CRAMER) sub- of land area, based on the most recent decen- ‘‘(2) in the case of a failure to submit a re- mitted an amendment intended to be nial census.’’. proposed to amendment SA 2137 pro- port required under subsection (d), such Mr. JOHNSON submitted an amount as the Secretary determines appro- posed by Mr. SCHUMER (for Ms. SINEMA SA 2243. amendment intended to be proposed to priate, but not to exceed 5 percent of the (for herself, Mr. PORTMAN, Mr. amount paid to the eligible revenue sharing MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, amendment SA 2137 proposed by Mr. recipient, the eligible Tribal government, or Ms. COLLINS, Mr. TESTER, Ms. MUR- SCHUMER (for Ms. SINEMA (for herself, the territory under this section for all fiscal KOWSKI, Mr. WARNER, and Mr. ROMNEY)) Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- years. to the bill H.R. 3684, to authorize funds SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ‘‘(f) DEFINITIONS.—In this section: TESTER, Ms. MURKOWSKI, Mr. WARNER, ‘‘(1) COUNTY.—The term ‘county’ means a for Federal-aid highways, highway and Mr. ROMNEY)) to the bill H.R. 3684, county, parish, or other equivalent county safety programs, and transit programs, division (as defined by the Bureau of the and for other purposes; which was or- to authorize funds for Federal-aid high- Census) in 1 of the 50 States. dered to lie on the table; as follows: ways, highway safety programs, and ‘‘(2) COUNTY WITH LIMITED GOVERNMENT At the appropriate place in division C, in- transit programs, and for other pur- FUNCTIONS.—The term ‘county with limited sert the following: poses; which was ordered to lie on the government functions’ means a county in SEC. 300ll. INCREASED FEDERAL SHARE OF OP- table; as follows: which entitlement land is located that is not ERATING COSTS FOR CERTAIN At the end of subtitle D of title V of divi- an eligible revenue sharing county. AREAS. sion D, insert the following: ‘‘(3) ELIGIBLE REVENUE SHARING COUNTY.— Section 5311(g)(2)(B) of title 49, United SEC. 40543. LUKE AND ALEX SCHOOL SAFETY ACT The term ‘eligible revenue sharing county’ States Code, is amended— OF 2021. means— (1) in the subparagraph heading, by strik- (a) SHORT TITLE.—This section may be ‘‘(A) a unit of general local government (as ing ‘‘EXCEPTION’’ and inserting ‘‘EXCEP- cited as the ‘‘Luke and Alex School Safety defined in section 6901(2) of title 31, United TIONS’’; Act of 2021’’. States Code) that is a county in which enti- (2) by striking ‘‘A State’’ and inserting the (b) FEDERAL CLEARINGHOUSE ON SCHOOL tlement land is located and which is eligible following: SAFETY BEST PRACTICES.— for a payment under section 6902(a) of title ‘‘(i) STATES WITH NONTAXABLE INDIAN LANDS (1) IN GENERAL.—Subtitle A of title XXII of 31, United States Code; OR PUBLIC DOMAIN LANDS.—Subject to clause the Homeland Security Act of 2002 (6 U.S.C. ‘‘(B) the District of Columbia; or (ii), a State’’; and 651 et seq.) is amended by inserting after sec- ‘‘(C) the combined area in Alaska that is (3) by adding at the end the following: tion 2215 the following: within the boundaries of a census area used ‘‘(ii) AREAS WITH PARTICULAR NEEDS.— ‘‘SEC. 2216. FEDERAL CLEARINGHOUSE ON by the Secretary of Commerce in the decen- ‘‘(I) DEFINITION.—In this clause, the term SCHOOL SAFETY BEST PRACTICES. nial census, but that is not included within ‘area of persistent poverty’ means— ‘‘(a) ESTABLISHMENT.— the boundary of a unit of general local gov- ‘‘(aa) any county in which not less than 20 ‘‘(1) IN GENERAL.—The Secretary, in coordi- ernment described in subparagraph (A). percent of the population has lived in pov- nation with the Secretary of Education, the ‘‘(4) ELIGIBLE REVENUE SHARING LOCAL GOV- erty during the most recent 30-year period, Attorney General, and the Secretary of ERNMENT.—The term ‘eligible revenue shar- as measured by— Health and Human Services, shall establish a

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00105 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.066 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5634 CONGRESSIONAL RECORD — SENATE August 2, 2021 Federal Clearinghouse on School Safety Best cies on the implementation of the best prac- (A) every State department of public Practices (in this section referred to as the tices and recommendations. health; and ‘Clearinghouse’) within the Department. ‘‘(d) CONTINUOUS IMPROVEMENT.—The Sec- (B) other Department of Health and ‘‘(2) PURPOSE.—The Clearinghouse shall be retary shall— Human Services partners in the implementa- the primary resource of the Federal Govern- ‘‘(1) collect for the purpose of continuous tion of the best practices and recommenda- ment to identify and publish online through improvement of the Clearinghouse— tions of the Clearinghouse, as determined ap- SchoolSafety.gov, or any successor website, ‘‘(A) Clearinghouse data analytics; propriate by the Secretary of Health and the best practices and recommendations for ‘‘(B) user feedback on the implementation Human Services. school safety for use by State and local edu- of resources, best practices, and rec- (4) NOTIFICATION BY THE ATTORNEY GEN- cational agencies, institutions of higher edu- ommendations identified by the Clearing- ERAL.—The Attorney General shall provide cation, State and local law enforcement house; and written notification of the publication of the agencies, health professionals, and the gen- ‘‘(C) any evaluations conducted on imple- Clearinghouse, as required to be established eral public. mentation of the best practices and rec- under section 2216 of the Homeland Security ‘‘(3) PERSONNEL.— ommendations of the Clearinghouse; and Act of 2002, as added by subsection (b), to— ‘‘(A) ASSIGNMENTS.—The Clearinghouse ‘‘(2) in coordination with the Secretary of (A) every State department of justice; and shall be assigned such personnel and re- Education, the Secretary of Health and (B) other Department of Justice partners sources as the Secretary considers appro- Human Services, and the Attorney General— in the implementation of the best practices priate to carry out this section. ‘‘(A) regularly assess and identify Clearing- and recommendations of the Clearinghouse, ‘‘(B) DETAILEES.—The Secretary of Edu- house best practices and recommendations as determined appropriate by the Attorney cation, the Attorney General, and the Sec- for which there are no resources available General. retary of Health and Human Services may through Federal Government programs for (d) GRANT PROGRAM REVIEW.— detail personnel to the Clearinghouse. implementation; and (1) FEDERAL GRANTS AND RESOURCES.—The ‘‘(4) EXEMPTIONS.— ‘‘(B) establish an external advisory board, Secretary of Education, the Secretary of ‘‘(A) PAPERWORK REDUCTION ACT.—Chapter which shall be comprised of appropriate Homeland Security, the Secretary of Health 35 of title 44, United States Code (commonly State, local, Tribal, private sector, and non- and Human Services, and the Attorney Gen- known as the ‘Paperwork Reduction Act’) governmental organizations, including orga- eral shall each— shall not apply to any rulemaking or infor- nizations representing parents of elementary (A) review grant programs administered by mation collection required under this sec- and secondary school students, to— their respective agency and identify any tion. ‘‘(i) provide feedback on the implementa- grant program that may be used to imple- ‘‘(B) FEDERAL ADVISORY COMMITTEE ACT.— tion of best practices and recommendations ment best practices and recommendations of The Federal Advisory Committee Act (5 of the Clearinghouse; and the Clearinghouse; U.S.C. App.) shall not apply for the purposes ‘‘(ii) propose additional recommendations (B) identify any best practices and rec- of carrying out this section. for best practices for inclusion in the Clear- ommendations of the Clearinghouse for ‘‘(b) CLEARINGHOUSE CONTENTS.— inghouse. which there is not a Federal grant program ‘‘(1) CONSULTATION.—In identifying the best ‘‘(e) PARENTAL ASSISTANCE.—The Clearing- that may be used for the purposes of imple- practices and recommendations for the house shall produce materials to assist par- menting the best practice or recommenda- Clearinghouse, the Secretary may consult ents and legal guardians of students with tion as applicable to the agency; and with appropriate Federal, State, local, Trib- identifying relevant Clearinghouse resources (C) periodically report any findings under al, private sector, and nongovernmental or- subparagraph (B) to the appropriate commit- ganizations. related to supporting the implementation of Clearinghouse best practices and rec- tees of Congress. ‘‘(2) CRITERIA FOR BEST PRACTICES AND REC- ommendations.’’. (2) STATE GRANTS AND RESOURCES.—The OMMENDATIONS.—The best practices and rec- (2) TECHNICAL AMENDMENTS.—The table of Clearinghouse shall, to the extent prac- ommendations of the Clearinghouse shall, at ticable, identify, for each State— a minimum— contents in section 1(b) of the Homeland Se- curity Act of 2002 (Public Law 107–296; 116 (A) each agency responsible for school safe- ‘‘(A) involve comprehensive school safety ty in the State, or any State that does not measures, including threat prevention, pre- Stat. 2135) is amended by inserting after the item relating to section 2215 the following: have such an agency designated; paredness, protection, mitigation, incident (B) any grant program that may be used ‘‘Sec. 2216. Federal Clearinghouse on School response, and recovery to improve the safety for the purposes of implementing best prac- Safety Best Practices.’’. posture of a school upon implementation; tices and recommendations of the Clearing- (c) NOTIFICATION OF CLEARINGHOUSE.— ‘‘(B) include any evidence or research ra- house; and (1) NOTIFICATION BY THE SECRETARY OF EDU- tionale supporting the determination of the (C) any resources other than grant pro- CATION.—The Secretary of Education shall Clearinghouse that the best practice or rec- grams that may be used to assist in imple- provide written notification of the publica- ommendation under subparagraph (A) has mentation of best practices and rec- tion of the Federal Clearinghouse on School been shown to have a significant effect on ommendations of the Clearinghouse. Safety Best Practices (referred to in this improving the health, safety, and welfare of (e) RULES OF CONSTRUCTION.— subsection and subsection (d) as the ‘‘Clear- persons in school settings, including— (1) WAIVER OF REQUIREMENTS.—Nothing in inghouse’’), as required to be established ‘‘(i) relevant research that is evidence- this section or the amendments made by this under section 2216 of the Homeland Security based, as defined in section 8101 of the Ele- section shall be construed to create, satisfy, Act of 2002, as added by subsection (b), to— mentary and Secondary Education Act of or waive any requirement under— (A) every State and local educational agen- 1965 (20 U.S.C. 7801), supporting the best prac- (A) title II of the Americans With Disabil- cy; and tice or recommendation; ities Act of 1990 (42 U.S.C. 12131 et seq.); (B) other Department of Education part- ‘‘(ii) findings and data from previous Fed- (B) the Rehabilitation Act of 1973 (29 U.S.C. ners in the implementation of the best prac- eral or State commissions recommending 701 et seq.); tices and recommendations of the Clearing- improvements to the safety posture of a (C) title VI of the Civil Rights Act of 1964 house, as determined appropriate by the Sec- school; or (42 U.S.C. 2000d et seq.); retary of Education. ‘‘(iii) other supportive evidence or findings (D) title IX of the Education Amendments (2) NOTIFICATION BY THE SECRETARY OF relied upon by the Clearinghouse in deter- of 1972 (20 U.S.C. 1681 et seq.); or HOMELAND SECURITY.—The Secretary of mining best practices and recommendations (E) the Age Discrimination Act of 1975 (42 Homeland Security shall provide written no- to improve the safety posture of a school U.S.C. 6101 et seq.). tification of the publication of the Clearing- upon implementation; and (2) PROHIBITION ON FEDERALLY DEVELOPED, house, as required to be established under ‘‘(C) include information on Federal grant MANDATED, OR ENDORSED CURRICULUM.—Noth- section 2216 of the Homeland Security Act of programs for which implementation of each ing in this section or the amendments made 2002, as added by subsection (b), to— best practice or recommendation is an eligi- by this section shall be construed to author- (A) every State homeland security advisor; ble use for the program. ize any officer or employee of the Federal (B) every State department of homeland ‘‘(3) PAST COMMISSION RECOMMENDATIONS.— Government to engage in an activity other- security; and To the greatest extent practicable, the wise prohibited under section 103(b) of the (C) other Department of Homeland Secu- Clearinghouse shall present, as appropriate, Department of Education Organization Act rity partners in the implementation of the Federal, State, local, Tribal, private sector, (20 U.S.C. 3403(b)). and nongovernmental organization issued best practices and recommendations of the --- best practices and recommendations and Clearinghouse, as determined appropriate by SA 2244. Mr. JOHNSON submitted an identify any best practice or recommenda- the Secretary of Homeland Security. amendment intended to be proposed to tion of the Clearinghouse that was pre- (3) NOTIFICATION BY THE SECRETARY OF amendment SA 2137 proposed by Mr. viously issued by any such organization or HEALTH AND HUMAN SERVICES.—The Secretary SCHUMER (for Ms. SINEMA (for herself, commission. of Health and Human Services shall provide ORTMAN ANCHIN AS ‘‘(c) ASSISTANCE AND TRAINING.—The Sec- written notification of the publication of the Mr. P , Mr. M , Mr. C - retary may produce and publish materials on Clearinghouse, as required to be established SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. the Clearinghouse to assist and train edu- under section 2216 of the Homeland Security TESTER, Ms. MURKOWSKI, Mr. WARNER, cational agencies and law enforcement agen- Act of 2002, as added by subsection (b), to— and Mr. ROMNEY)) to the bill H.R. 3684,

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00106 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.066 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5635 to authorize funds for Federal-aid high- SEC. 300ll. PUBLIC TRANSPORTATION testbed pursuant to this subsection, the As- ways, highway safety programs, and PROJECTS. sistant Secretary shall ensure that such Section 5334 of title 49, United States Code, testbed evaluates issues related to deploy- transit programs, and for other pur- is amended by adding at the end the fol- poses; which was ordered to lie on the ment and operation of open network archi- lowing: tectures in rural areas. table; as follows: ROJECTS AND SSETS HAT RE ‘‘(l) P A T A (4) COOPERATIVE RESEARCH AND DEVELOP- UNINSTALLED.—Notwithstanding any other On page 446, strike line 12 and insert the MENT AGREEMENTS.—The Assistant Secretary following: provision of law, a recipient of assistance shall enter into cooperative research and de- any regard to any requirement under this under this chapter that uninstalls a project velopment agreements as appropriate to ob- section. or asset constructed or acquired with that tain equipment, devices, and expertise for assistance shall not be required to reimburse ‘‘(x) CERTAIN LOGGING VEHICLES.— the Applied Research Open-RAN testbed, in the Secretary for any amounts provided accordance with section 12 of the Stevenson- ‘‘(1) IN GENERAL.—The Secretary shall under this chapter for the project or asset.’’. waive, for a covered logging vehicle, the ap- Wydler Technology Innovation Act of 1980 (15 plication of any vehicle weight limit estab- SA 2247. Mr. KENNEDY submitted an U.S.C. 3710a). lished under this section. amendment intended to be proposed to (5) PRIVATE SECTOR CONTRIBUTIONS.—The ‘‘(2) APPLICATION OF WEIGHT TOLERANCES.— Assistant Secretary may accept private con- The waiver under this subsection shall only amendment SA 2137 proposed by Mr. tributions to the Applied Research Open- apply with respect to a State legal weight SCHUMER (for Ms. SINEMA (for herself, RAN testbed in the form of network equip- tolerance in effect on the date of enactment Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ment or devices for testing purposes. of this subsection. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. (6) PARTNERSHIP WITH GOVERNMENT ENTI- ‘‘(3) DEFINITION OF COVERED LOGGING VEHI- TESTER, Ms. MURKOWSKI, Mr. WARNER, TIES.— CLE.—In this subsection, the term ‘covered and Mr. ROMNEY)) to the bill H.R. 3684, (A) ESTABLISHMENT.—In establishing the logging vehicle’ means a vehicle that— to authorize funds for Federal-aid high- Applied Research Open-RAN testbed, the As- ‘‘(A) is transporting raw or unfinished for- ways, highway safety programs, and sistant Secretary shall— est products, including logs, pulpwood, bio- (i) consult with the Federal Communica- mass, or wood chips; transit programs, and for other pur- tions Commission, including with respect to ‘‘(B) is traveling a distance of not more poses; which was ordered to lie on the ongoing work by the Commission to develop than 150 air miles on the Interstate System table; as follows: other testbeds, including private sector from the point of origin to a storage or proc- At the end of the amendment, add the fol- testbeds, related to Open-RAN technologies; essing facility; and lowing: and ‘‘(C) meets applicable State legal weight DIVISION K—PROHIBITION ON USE OF (ii) ensure that the work on the testbed is tolerances and vehicle configurations for FUNDS coordinated with the responsibilities of the transporting raw or unfinished forest prod- SEC. lll01. PROHIBITION ON USE OF FUNDS. Assistant Secretary under any relevant ucts within the boundaries of each State in No funding made available under a division memorandum of understanding with the Fed- which the vehicle is operating.’’. of this Act or an amendment made by a divi- eral Communications Commission and the sion of this Act may be used to procure prod- National Science Foundation related to spec- SA 2245. Mr. JOHNSON submitted an ucts or materials produced with forced labor. trum. (B) OPERATIONS.—In operating the Applied amendment intended to be proposed to Research Open-RAN testbed, the Assistant amendment SA 2137 proposed by Mr. SA 2248. Mr. WICKER submitted an amendment intended to be proposed to Secretary shall, in consultation with the SCHUMER (for Ms. SINEMA (for herself, amendment SA 2137 proposed by Mr. Federal Communications Commission, part- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ner with— SCHUMER (for Ms. SINEMA (for herself, SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. (i) the First Responder Network Authority Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- TESTER, Ms. MURKOWSKI, Mr. WARNER, of the NTIA (also known as ‘‘FirstNet’’) and SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. and Mr. ROMNEY)) to the bill H.R. 3684, the Public Safety Communications Research to authorize funds for Federal-aid high- TESTER, Ms. MURKOWSKI, Mr. WARNER, Division of the National Institute of Stand- ards and Technology to examine use cases ways, highway safety programs, and and Mr. ROMNEY)) to the bill H.R. 3684, to authorize funds for Federal-aid high- and applications for Open-RAN technologies transit programs, and for other pur- in a public safety network; poses; which was ordered to lie on the ways, highway safety programs, and transit programs, and for other pur- (ii) other Federal agencies, as appropriate table; as follows: to examine use cases and applications for poses; which was ordered to lie on the Open-RAN technologies in other areas of in- At the appropriate place in division I, in- table; as follows: sert the following: terest to such agencies; and At the appropriate place in division F, in- (iii) international partners, as appropriate. SEC. lll. PROHIBITING THE CANCELLATION sert the following: (7) STAKEHOLDER INPUT.—The Assistant OF CERTAIN CONTRACTS FOR PHYS- SEC. lllll. OPEN NETWORK ARCHITECTURE. Secretary shall seek input from stakeholders ICAL BARRIERS AND OTHER BOR- DER SECURITY MEASURES. (a) OPEN NETWORK ARCHITECTURE regarding the establishment and operation of TESTBED.— the Applied Research Open-RAN testbed. Notwithstanding any other provision of (1) DEFINITIONS.—In this subsection— (8) IMPLEMENTATION DEADLINE.—Not later law, the Secretary of Homeland Security and (A) the term ‘‘Applied Research Open-RAN than 180 days after the date of enactment of any other Federal official may not— testbed’’ means the testbed established this Act, the Assistant Secretary shall— (1) cancel, invalidate, or breach any con- under paragraph (2); (A) define metrics and parameters for the tract for the construction or improvement of (B) the term ‘‘Assistant Secretary’’ means Applied Research Open-RAN testbed, includ- any physical barrier along the United States the Assistant Secretary of Commerce for ing functionality, project configuration and border or for any other border security meas- Communications and Information; and capacity, performance, security require- ures for which Federal funds have been obli- (C) the term ‘‘NTIA’’ means the National ments, and quality assurance; gated; or Telecommunications and Information Ad- (B) adopt any rules as necessary, in con- (2) obligate the use of Federal funds to pay ministration. sultation with the Federal Communications any penalty resulting from the cancellation (2) ESTABLISHMENT.—The Assistant Sec- Commission; and of any contract described in paragraph (1). retary shall establish an applied research (C) begin the development of the Applied open network architecture testbed at the In- Research Open-RAN testbed, including seek- SA 2246. Mr. JOHNSON submitted an stitute for Telecommunication Sciences of ing stakeholder input as required by para- amendment intended to be proposed to the NTIA to develop and demonstrate net- graph (7). amendment SA 2137 proposed by Mr. work architectures and applications, equip- (9) REPORT.—Not later than 1 year after ment integration and interoperability at the date of enactment of this Act, the Assist- SCHUMER (for Ms. SINEMA (for herself, scale, including— ant Secretary shall submit to the Committee Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (A) Open Radio Access Network (commonly on Commerce, Science, and Transportation SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. known as ‘‘Open-RAN’’) technology; of the Senate and the Committee on Energy TESTER, Ms. MURKOWSKI, Mr. WARNER, (B) Virtualized Radio Access Network and Commerce of the House of Representa- and Mr. ROMNEY)) to the bill H.R. 3684, (commonly known as ‘‘vRAN’’) technology; tives a report on the findings of the testbed to authorize funds for Federal-aid high- and and any recommendations for additional leg- ways, highway safety programs, and (C) cloud native technologies that rep- islative or regulatory actions relating to the transit programs, and for other pur- licate telecommunications hardware as soft- work of the testbed. poses; which was ordered to lie on the ware-based virtual network elements and (10) AUTHORIZATION OF APPROPRIATIONS.— functions. (A) IN GENERAL.—There are authorized to table; as follows: (3) FOCUS; CONSIDERATIONS.—In estab- be appropriated for the administration of the At the end of division C, add the following: lishing the Applied Research Open-RAN Applied Research Open-RAN testbed

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$20,000,000 for fiscal year 2022, to remain (A) IN GENERAL.—There are authorized to tion of the NEPA process for which the available until expended. be appropriated for grants under paragraph plaintiff is seeking review. (B) RULE OF CONSTRUCTION.—Nothing in (2) $30,000,000 in total for fiscal years 2022 ‘‘(2) STATUTE OF LIMITATIONS.— paragraph (6) shall be construed to obligate through 2025, to remain available until ex- ‘‘(A) IN GENERAL.—Notwithstanding any FirstNet or any other Federal entity to pay pended. other provision of law and except as provided for the cost of the Applied Research Open- (B) ADMINISTRATIVE COSTS.—The Secretary in subparagraph (B)(ii), a claim arising under RAN testbed established under this sub- may use not more than 2 percent of any Federal law seeking judicial review of any section in the absence of the appropriation of funds appropriated under this paragraph for portion of the NEPA process shall be barred amounts under this paragraph. the administration of the grant program es- unless it is filed not later than the earlier (C) AUTHORIZATION FOR VOLUNTARY SUP- tablished under this subsection. of— PORT.—A Federal entity, including FirstNet, --- ‘‘(i) 150 days after the final agency action may voluntarily enter into an agreement SA 2249. Mr. LEE submitted an under the NEPA process has been taken; and with NTIA to provide monetary or nonmone- amendment intended to be proposed to ‘‘(ii) if applicable, an earlier date after tary support for the Applied Research Open- amendment SA 2137 proposed by Mr. which judicial review is barred that is speci- RAN testbed. SCHUMER (for Ms. SINEMA (for herself, fied in the Federal law pursuant to which the (b) PARTICIPATION IN STANDARDS-SETTING judicial review is allowed. BODIES.— Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ‘‘(B) NEW INFORMATION.— (1) DEFINITIONS.—In this subsection— SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ‘‘(i) CONSIDERATION.—A Federal agency (A) the term ‘‘Assistant Secretary’’ means TESTER, Ms. MURKOWSKI, Mr. WARNER, shall consider for the purpose of a supple- the Assistant Secretary of Commerce for and Mr. ROMNEY)) to the bill H.R. 3684, Communications and Information; mental environmental impact statement to authorize funds for Federal-aid high- new information received after the close of a (B) the term ‘‘eligible standards-setting ways, highway safety programs, and body’’— comment period if the information satisfies (i) means a standards-setting body, partici- transit programs, and for other pur- the requirements for a supplemental envi- pation in which may be funded by a grant poses; which was ordered to lie on the ronmental impact statement under the regu- awarded under paragraph (2), as determined table; as follows: lations of the Federal agency. by the Assistant Secretary; and At the end of the amendment, add the fol- ‘‘(ii) STATUTE OF LIMITATIONS BASED ON NEW (ii) includes— lowing: INFORMATION.—If a supplemental environ- mental impact statement is required under (I) the 3rd Generation Partnership Project DIVISION ll—LEGAL REFORMS UNDER (commonly known as ‘‘3GPP’’); the regulations of a Federal agency, a claim THE NATIONAL ENVIRONMENTAL POL- for judicial review of the supplemental envi- (II) the Alliance for Telecommunications ICY ACT Industry Solutions (commonly known as ronmental impact statement shall be barred ‘‘ATIS’’); SEC. ll. LEGAL REFORMS UNDER NEPA. unless it is filed not later than the earlier (III) the International Telecommuni- (a) IN GENERAL.—Title I of the National of— cations Union (commonly known as ‘‘ITU’’); Environmental Policy Act of 1969 is amend- ‘‘(I) 150 days after the publication of a no- (IV) the Institute for Electrical and Elec- ed— tice in the Federal Register that the supple- tronics Engineers (commonly known as (1) by redesignating section 105 (42 U.S.C. mental environmental impact statement is ‘‘IEEE’’); 4335) as section 106; and final; and (V) the World Radiocommunications Con- (2) by inserting after section 104 (42 U.S.C. ‘‘(II) if applicable, an earlier date after ferences (commonly known as the ‘‘WRC’’) of 4334) the following: which judicial review is barred that is speci- the ITU; ‘‘SEC. 105. LEGAL REFORM. fied in the Federal law pursuant to which the (VI) the Internet Engineering Task Force ‘‘(a) DEFINITIONS.—In this section: judicial review is allowed. (commonly known as the ‘‘IETF’’); ‘‘(1) FEDERAL AGENCY.—The term ‘Federal ‘‘(C) SAVINGS CLAUSE.—Nothing in this (VII) the International Organization for agency’ includes a State that has assumed paragraph creates a right to judicial review. Standardization (commonly known as the responsibility under section 327 of title 23, ‘‘(3) REMEDIES.— ‘‘ISO’’) and the International Electro- United States Code. ‘‘(A) PRELIMINARY INJUNCTIONS AND TEM- technical Commission (commonly known as ‘‘(2) HEAD OF A FEDERAL AGENCY.—The term PORARY RESTRAINING ORDERS.— the ‘‘IEC’’); ‘head of a Federal agency’ includes the gov- ‘‘(i) IN GENERAL.—Subject to clause (ii), in (VIII) the O-RAN Alliance; ernor or head of an applicable State agency a motion for a temporary restraining order (IX) the Telecommunications Industry As- of a State that has assumed responsibility or preliminary injunction against a Federal sociation (commonly known as ‘‘TIA’’); and under section 327 of title 23, United States agency or project sponsor in a claim arising (X) any other standards-setting body iden- Code. under Federal law seeking judicial review of tified under paragraph (4); ‘‘(3) NEPA PROCESS.— any portion of the NEPA process, the plain- (C) the term ‘‘Secretary’’ means the Sec- ‘‘(A) IN GENERAL.—The term ‘NEPA proc- tiff shall establish by clear and convincing retary of Commerce; and ess’ means the entirety of every process, evidence that— (D) the term ‘‘standards-setting body’’ analysis, or other measure, including an en- ‘‘(I) the plaintiff is likely to succeed on the means an international body that develops vironmental impact statement, required to merits; the standards for open network architecture be carried out by a Federal agency under ‘‘(II) the plaintiff is likely to suffer irrep- technologies. this title before the agency undertakes a arable harm in the absence of the temporary (2) GRANT PROGRAM.— proposed action. restraining order or preliminary injunction, (A) IN GENERAL.—The Secretary, in col- ‘‘(B) PERIOD.—For purposes of subpara- as applicable; laboration with the Assistant Secretary, graph (A), the NEPA process— ‘‘(III) the balance of equities is tipped in shall award grants to private sector entities ‘‘(i) begins on the date on which the head the favor of the plaintiff; and based in the United States to participate in of a Federal agency receives an application ‘‘(IV) the temporary restraining order or eligible standards-setting bodies. for a proposed action from a project sponsor; preliminary injunction is in the public inter- (B) PRIORITIZATION.—The Secretary shall and est. prioritize grants awarded under this sub- ‘‘(ii) ends on the date on which the Federal ‘‘(ii) ADDITIONAL REQUIREMENTS.—A court section to private sector entities that would agency issues, with respect to the proposed may not grant a motion described in clause not otherwise be able to participate in eligi- action— (i) unless the court— ble standards-setting bodies without the ‘‘(I) a record of decision, including, if nec- ‘‘(I) makes a finding of extraordinary cir- grant. essary, a revised record of decision; cumstances that warrant the granting of the (3) GRANT CRITERIA.—Not later than 180 ‘‘(II) a finding of no significant impact; or motion; days after the date on which amounts are ap- ‘‘(III) a categorical exclusion under this ‘‘(II) considers the potential effects on pub- propriated under paragraph (5), the Sec- title. lic health, safety, and the environment, and retary, in collaboration with the Assistant ‘‘(4) PROJECT SPONSOR.—The term ‘project the potential for significant negative effects Secretary, shall establish criteria for the sponsor’ means a Federal agency or other en- on jobs resulting from granting the motion; grants awarded under paragraph (2). tity, including a private or public-private en- and (4) CONSULTATION WITH FEDERAL COMMU- tity, that seeks approval of a proposed ac- ‘‘(III) notwithstanding any other provision NICATIONS COMMISSION.—The Secretary shall tion. of law, applies the requirements of Rule 65(c) consult with the Federal Communications ‘‘(b) JUDICIAL REVIEW.— of the Federal Rules of Civil Procedure. Commission in— ‘‘(1) STANDING.—Notwithstanding any ‘‘(B) PERMANENT INJUNCTIONS.— (A) determining criteria for the grants other provision of law, a plaintiff may only ‘‘(i) IN GENERAL.—Subject to clause (ii), in awarded under paragraph (2); and bring a claim arising under Federal law a motion for a permanent injunction against (B) determining which standards-setting seeking judicial review of a portion of the a Federal agency or project sponsor a claim bodies, if any, in addition to the standards- NEPA process if the plaintiff pleads facts arising under Federal law seeking judicial setting bodies listed in paragraph (1)(B)(ii) that allege that the plaintiff has personally review of any portion of the NEPA process, are eligible standards-setting bodies. suffered, or will likely personally suffer, a the plaintiff shall establish by clear and con- (5) AUTHORIZATION OF APPROPRIATIONS.— direct, tangible harm as a result of the por- vincing evidence that—

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‘‘(I) the plaintiff has suffered an irrep- ‘‘(1) IN GENERAL.—The head of each Federal to participate in the agency program, includ- arable injury; agency, including the Secretary of Transpor- ing, at a minimum— ‘‘(II) remedies available at law, including tation, shall carry out a project delivery pro- ‘‘(A) the projects or classes of projects for monetary damages, are inadequate to com- gram. which the State anticipates exercising the pensate for the injury; ‘‘(2) ASSUMPTION OF RESPONSIBILITY.— authority that may be granted under the ‘‘(III) considering the balance of hardship ‘‘(A) IN GENERAL.—Subject to subparagraph agency program; between the plaintiff and defendant, a rem- (B), the head of each Federal agency shall, ‘‘(B) verification of the financial resources edy in equity is warranted; on request of a State, enter into a written necessary to carry out the authority that ‘‘(IV) the public interest is not disserved agreement with the State, which may be in may be granted under the agency program; by a permanent injunction; and the form of a memorandum of under- and ‘‘(V) if the error or omission of a Federal standing, in which the head of each Federal ‘‘(C) evidence of the notice and solicitation agency in a statement required under this agency may assign, and the State may as- of public comment by the State relating to title is the grounds for which the plaintiff is sume, the responsibilities of the head of the participation of the State in the agency pro- seeking judicial review, the error or omis- Federal agency under this title with respect gram, including copies of comments received sion is likely to result in specific, irrep- to 1 or more projects within the State that from that solicitation. arable damage to the environment. are under the jurisdiction of the Federal ‘‘(3) PUBLIC NOTICE.— ‘‘(ii) ADDITIONAL SHOWING.—A court may agency. ‘‘(A) IN GENERAL.—Each State that submits not grant a motion described in clause (i) un- ‘‘(B) EXCEPTION.—The head of a Federal an application under this subsection shall less— agency shall not enter into a written agree- give notice of the intent of the State to par- ‘‘(I) the court makes a finding that ex- ment under subparagraph (A) if the head of ticipate in an agency program not later than traordinary circumstances exist that war- the Federal agency determines that the 30 days before the date of submission of the rant the granting of the motion; and State is not in compliance with the require- application. ‘‘(II) the permanent injunction is— ments described in subsection (c)(4). ‘‘(B) METHOD OF NOTICE AND SOLICITATION.— ‘‘(aa) as narrowly tailored as possible to ‘‘(C) ADDITIONAL RESPONSIBILITY.—If a The State shall provide notice and solicit correct the injury; and State assumes responsibility under subpara- public comment under this paragraph by ‘‘(bb) the least intrusive means necessary graph (A)— publishing the complete application of the to correct the injury.’’. ‘‘(i) the head of the Federal agency may as- State in accordance with the appropriate (b) ATTORNEY FEES IN ENVIRONMENTAL LITI- sign to the State, and the State may assume, public notice law of the State. GATION.— all or part of the responsibilities of the head ‘‘(4) SELECTION CRITERIA.—The head of a (1) ADMINISTRATIVE PROCEDURE.—Section of the Federal agency for environmental re- Federal agency may approve the application 504(b)(1) of title 5, United States Code, is view, consultation, or other action required of a State under this section only if— amended— under any Federal environmental law per- ‘‘(A) the regulatory requirements under (A) in subparagraph (E), by striking ‘‘and’’ taining to the review or approval of a spe- paragraph (2) have been met; at the end; cific project; ‘‘(B) the head of the Federal agency deter- (B) in subparagraph (F), by striking the pe- ‘‘(ii) at the request of the State, the head mines that the State has the capability, in- riod at the end and inserting ‘‘; and’’; and of the Federal agency may also assign to the cluding financial and personnel, to assume (C) by adding at the end the following: State, and the State may assume, the re- the responsibility; and ‘‘(G) ‘special factor’ does not include sponsibilities of the head of the Federal ‘‘(C) the head of the State agency having knowledge, expertise, or skill in environ- agency under this title with respect to 1 or primary jurisdiction over the project enters mental litigation.’’. more projects within the State that are into a written agreement with the head of under the jurisdiction of the Federal agency; the Federal agency as described in sub- (2) UNITED STATES AS PARTY.—Section but section (d). 2412(d)(2) of title 28, United States Code, is ‘‘(iii) the head of the Federal agency may ‘‘(5) OTHER FEDERAL AGENCY VIEWS.—If a amended— not assign responsibility for any conformity State applies to assume a responsibility of (A) in subparagraph (H), by striking ‘‘and’’ determination required under section 176 of the Federal agency that would have required at the end; the Clean Air Act (42 U.S.C. 7506). the head of the Federal agency to consult (B) in subparagraph (I), by striking the pe- ‘‘(D) PROCEDURAL AND SUBSTANTIVE RE- with the head of another Federal agency, the riod at the end and inserting ‘‘; and’’; and QUIREMENTS.—A State shall assume responsi- head of the Federal agency shall solicit the (C) by adding at the end the following: bility under this section subject to the same views of the head of the other Federal agen- ‘‘(J) ‘special factor’ does not include procedural and substantive requirements as cy before approving the application. knowledge, expertise, or skill in environ- would apply if that responsibility were car- ‘‘(d) WRITTEN AGREEMENT.—A written mental litigation.’’. ried out by the Federal agency. agreement under subsection (b)(2)(A) shall— --- ‘‘(E) FEDERAL RESPONSIBILITY.—Any re- ‘‘(1) be executed by the Governor or the SA 2250. Mr. LEE submitted an sponsibility of a Federal agency not explic- top-ranking official in the State who is amendment intended to be proposed to itly assumed by the State by written agree- charged with responsibility for the project; amendment SA 2137 proposed by Mr. ment under subparagraph (A) shall remain ‘‘(2) be in such form as the head of the Fed- SCHUMER (for Ms. SINEMA (for herself, the responsibility of the Federal agency. eral agency may prescribe; Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ‘‘(F) NO EFFECT ON AUTHORITY.—Nothing in ‘‘(3) provide that the State— SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. this section preempts or interferes with any ‘‘(A) agrees to assume all or part of the re- TESTER, Ms. MURKOWSKI, Mr. WARNER, power, jurisdiction, responsibility, or au- sponsibilities of the Federal agency de- thority of an agency, other than the Federal scribed in subparagraphs (A) and (C) of sub- and Mr. ROMNEY)) to the bill H.R. 3684, agency for which the written agreement ap- section (b)(2); to authorize funds for Federal-aid high- plies, under applicable law (including regula- ‘‘(B) expressly consents, on behalf of the ways, highway safety programs, and tions) with respect to a project. State, to accept the jurisdiction of the Fed- transit programs, and for other pur- ‘‘(G) PRESERVATION OF FLEXIBILITY.—The eral courts for the compliance, discharge, poses; which was ordered to lie on the head of the Federal agency may not require and enforcement of any responsibility of the table; as follows: a State, as a condition of participation in Federal agency assumed by the State; At the end of the amendment, add the fol- the agency program of the Federal agency, ‘‘(C) certifies that State laws (including lowing: to forego project delivery methods that are regulations) are in effect that— otherwise permissible for projects under ap- ‘‘(i) authorize the State to take the actions DIVISION ll—PROJECT DELIVERY PRO- plicable law. necessary to carry out the responsibilities GRAMS UNDER THE NATIONAL ENVI- ‘‘(H) LEGAL FEES.—A State assuming the being assumed; and RONMENTAL POLICY ACT responsibilities of a Federal agency under ‘‘(ii) are comparable to section 552 of title SEC. ll. PROJECT DELIVERY PROGRAMS. this section for a specific project may use 5, including providing that any decision re- (a) IN GENERAL.—Title I of the National funds awarded to the State for that project garding the public availability of a docu- Environmental Policy Act of 1969 is amend- for attorneys’ fees directly attributable to ment under those State laws is reviewable by ed— eligible activities associated with the a court of competent jurisdiction; and (1) by redesignating section 105 (42 U.S.C. project. ‘‘(D) agrees to maintain the financial re- 4335) as section 106; and ‘‘(c) STATE PARTICIPATION.— sources necessary to carry out the respon- (2) by inserting after section 104 (42 U.S.C. ‘‘(1) PARTICIPATING STATES.—Except as pro- sibilities being assumed; 4334) the following: vided in subsection (b)(2)(B), all States are ‘‘(4) require the State to provide to the ‘‘SEC. 105. PROJECT DELIVERY PROGRAMS. eligible to participate in an agency program. head of the Federal agency any information ‘‘(a) DEFINITION OF AGENCY PROGRAM.—In ‘‘(2) APPLICATION.—Not later than 270 days the head of the Federal agency reasonably this section, the term ‘agency program’ after the date of enactment of this section, considers necessary to ensure that the State means a project delivery program estab- the head of each Federal agency shall amend, is adequately carrying out the responsibil- lished by a Federal agency under subsection as appropriate, regulations that establish re- ities assigned to the State; (b)(1). quirements relating to information required ‘‘(5) have a term of not more than 5 years; ‘‘(b) ESTABLISHMENT.— to be contained in any application of a State and

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00109 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.071 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5638 CONGRESSIONAL RECORD — SENATE August 2, 2021 ‘‘(6) be renewable. rying out the responsibilities assigned to the DIVISION ll—NATIONAL ‘‘(e) JURISDICTION.— State; ENVIRONMENTAL POLICY ACT TIMELINES ‘‘(1) IN GENERAL.—The United States dis- ‘‘(B) the head of the Federal agency pro- SEC. lll. NATIONAL ENVIRONMENTAL POLICY trict courts shall have exclusive jurisdiction vides to the State— ACT TIMELINES. over any civil action against a State for fail- ‘‘(i) a notification of the determination of Title I of the National Environmental Pol- ure to carry out any responsibility of the noncompliance; icy Act of 1969 is amended— State under this section. ‘‘(ii) a period of not less than 120 days to (1) by redesignating section 105 (42 U.S.C. ‘‘(2) LEGAL STANDARDS AND REQUIRE- take such corrective action as the head of 4335) as section 106; and MENTS.—A civil action under paragraph (1) the Federal agency determines to be nec- (2) by inserting after section 104 (42 U.S.C. shall be governed by the legal standards and essary to comply with the applicable agree- 4334) the following: requirements that would apply in such a ment; and ‘‘SEC. 105. APPLICABLE TIMELINES. civil action against the head of a Federal ‘‘(iii) on request of the Governor of the ‘‘(a) DEFINITIONS.—In this section: agency had the head of the Federal agency State, a detailed description of each respon- ‘‘(1) ENVIRONMENTAL IMPACT STATEMENT.— taken the actions in question. sibility in need of corrective action regard- The term ‘environmental impact statement’ ‘‘(3) INTERVENTION.—The head of a Federal ing an inadequacy identified under subpara- means a detailed statement required under agency shall have the right to intervene in graph (A); and section 102(2)(C). any action described in paragraph (1). ‘‘(C) the State, after the notification and ‘‘(2) FEDERAL AGENCY.—The term ‘Federal ‘‘(f) EFFECT OF ASSUMPTION OF RESPONSI- period provided under subparagraph (B), fails agency’ includes a State that has assumed BILITY.—A State that assumes responsibility to take satisfactory corrective action, as de- responsibility under section 327 of title 23, under subsection (b)(2) shall be solely re- termined by the head of the Federal agency. United States Code. sponsible and solely liable for carrying out, ‘‘(2) TERMINATION BY THE STATE.—A State EAD OF A FEDERAL AGENCY.—The term in lieu of and without further approval of the may terminate the participation of the State ‘‘(3) H head of the Federal agency, the responsibil- in an agency program at any time by pro- ‘head of a Federal agency’ includes the gov- ities assumed under subsection (b)(2), until viding to the head of the applicable Federal ernor or head of an applicable State agency the agency program is terminated under sub- agency a notice by not later than the date of a State that has assumed responsibility section (k). that is 90 days before the date of termi- under section 327 of title 23, United States ‘‘(g) LIMITATIONS ON AGREEMENTS.—Noth- nation, and subject to such terms and condi- Code. ing in this section permits a State to assume tions as the head of the Federal agency may ‘‘(4) NEPA PROCESS.— any rulemaking authority of the head of a provide. ‘‘(A) IN GENERAL.—The term ‘NEPA proc- Federal agency under any Federal law. ‘‘(l) CAPACITY BUILDING.—The head of a ess’ means the entirety of every process, ‘‘(h) AUDITS .— Federal agency, in cooperation with rep- analysis, or other measure, including an en- ‘‘(1) IN GENERAL.—To ensure compliance by resentatives of State officials, may carry out vironmental impact statement, required to a State with any agreement of the State education, training, peer-exchange, and be carried out by a Federal agency under under subsection (d) (including compliance other initiatives as appropriate— this title before the agency undertakes a by the State with all Federal laws for which ‘‘(1) to assist States in developing the ca- proposed action. responsibility is assumed under subsection pacity to participate in the agency program ‘‘(B) PERIOD.—For purposes of subpara- (b)(2)), for each State participating in an of the Federal agency; and graph (A), the NEPA process— agency program, the head of a Federal agen- ‘‘(2) to promote information sharing and ‘‘(i) begins on the date on which the head cy shall— collaboration among States that are partici- of a Federal agency receives an application ‘‘(A) not later than 180 days after the date pating in the agency program of the Federal for a proposed action from a project sponsor; of execution of the agreement, meet with the agency. and State to review implementation of the agree- ‘‘(m) RELATIONSHIP TO LOCALLY ADMINIS- ‘‘(ii) ends on the date on which the Federal ment and discuss plans for the first annual TERED PROJECTS.—A State granted authority agency issues, with respect to the proposed audit; under an agency program may, as appro- action— ‘‘(B) conduct annual audits during each of priate and at the request of a local govern- ‘‘(I) a record of decision, including, if nec- the first 4 years of State participation; and ment— essary, a revised record of decision; ‘‘(C) ensure that the time period for com- ‘‘(1) exercise that authority on behalf of ‘‘(II) a finding of no significant impact; or pleting an annual audit, from initiation to the local government for a locally adminis- ‘‘(III) a categorical exclusion under this completion (including public comment and tered project; or title. responses to those comments), does not ex- ‘‘(2) provide guidance and training on con- ‘‘(5) PROJECT SPONSOR.—The term ‘project ceed 180 days. solidating and minimizing the documenta- sponsor’ means a Federal agency or other en- ‘‘(2) PUBLIC AVAILABILITY AND COMMENT.— tion and environmental analyses necessary tity, including a private or public-private en- N GENERAL.—An audit conducted ‘‘(A) I for sponsors of a locally administered project tity, that seeks approval of a proposed ac- under paragraph (1) shall be provided to the to comply with this title and any com- tion. public for comment. parable requirements under State law.’’. ‘‘(b) APPLICABLE TIMELINES.— ‘‘(B) RESPONSE.—Not later than 60 days (b) CONFORMING AMENDMENT.—Section 327 ‘‘(1) NEPA PROCESS.— after the date on which the period for public of title 23, United States Code, is amended— ‘‘(A) IN GENERAL.—The head of a Federal comment ends, the head of the Federal agen- (1) in subsection (a)(1), by striking ‘‘The agency shall complete the NEPA process for cy shall respond to public comments re- Secretary’’ and inserting ‘‘Subject to sub- a proposed action of the Federal agency, as ceived under subparagraph (A). section (m), the Secretary’’; and described in subsection (a)(4)(B)(ii), not later ‘‘(3) AUDIT TEAM.— (2) by adding at the end the following: than 2 years after the date described in sub- ‘‘(A) IN GENERAL.—An audit conducted ‘‘(m) SUNSET.— section (a)(4)(B)(i). under paragraph (1) shall be carried out by ‘‘(1) IN GENERAL.—Except as provided under ‘‘(B) ENVIRONMENTAL DOCUMENTS.—Within an audit team determined by the head of the paragraph (2), the authority provided by this the period described in subparagraph (A), not Federal agency, in consultation with the section terminates on the date of enactment later than 1 year after the date described in State, in accordance with subparagraph (B). of this subsection. subsection (a)(4)(B)(i), the head of the Fed- ‘‘(B) CONSULTATION.—Consultation with ‘‘(2) EXISTING AGREEMENTS.—Subject to the eral agency shall, with respect to the pro- the State under subparagraph (A) shall in- requirements of this section, the Secretary posed action— clude a reasonable opportunity for the State may continue to enforce any agreement en- ‘‘(i) issue— to review and provide comments on the pro- tered into under this section before the date ‘‘(I) a finding that a categorical exclusion posed members of the audit team. of enactment of this subsection.’’. applies to the proposed action; or ‘‘(i) MONITORING.—After the fourth year of --- the participation of a State in an agency ‘‘(II) a finding of no significant impact; or SA 2251. Mr. LEE submitted an ‘‘(ii) publish a notice of intent to prepare program, the head of the Federal agency amendment intended to be proposed to shall monitor compliance by the State with an environmental impact statement in the the written agreement, including the provi- amendment SA 2137 proposed by Mr. Federal Register. sion by the State of financial resources to SCHUMER (for Ms. SINEMA (for herself, ‘‘(C) ENVIRONMENTAL IMPACT STATEMENT.— carry out the written agreement. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- If the head of a Federal agency publishes a ‘‘(j) REPORT TO CONGRESS.—The head of SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. notice of intent described in subparagraph each Federal agency shall submit to Con- TESTER, Ms. MURKOWSKI, Mr. WARNER, (B)(ii), within the period described in sub- gress an annual report that describes the ad- and Mr. ROMNEY)) to the bill H.R. 3684, paragraph (A) and not later than 1 year after ministration of the agency program. to authorize funds for Federal-aid high- the date on which the head of the Federal ‘‘(k) TERMINATION.— agency publishes the notice of intent, the ways, highway safety programs, and ‘‘(1) TERMINATION BY FEDERAL AGENCY.— head of the Federal agency shall complete The head of a Federal agency may terminate transit programs, and for other pur- the environmental impact statement and, if the participation of any State in the agency poses; which was ordered to lie on the necessary, any supplemental environmental program of the Federal agency if— table; as follows: impact statement for the proposed action. ‘‘(A) the head of the Federal agency deter- At the end of the amendment, add the fol- ‘‘(D) PENALTIES.— mines that the State is not adequately car- lowing: ‘‘(i) DEFINITIONS.—In this subparagraph:

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‘‘(I) DIRECTOR.—The term ‘Director’ means cent from the amount initially made avail- ‘‘(I) shall decide whether to issue the per- the Director of the Office of Management able for the account for that fiscal year; and mit or authorization described in subpara- and Budget. ‘‘(cc) the Director shall notify the head of graph (A) not later than 90 days after date on ‘‘(II) FEDERAL AGENCY.—The term ‘Federal the Federal agency of— which the project sponsor submitted the no- agency’ does not include a State. ‘‘(AA) the initial noncompliance deter- tification; and ‘‘(III) FINAL NEPA COMPLIANCE DATE.—The mination; ‘‘(II) shall not carry out the NEPA process term ‘final NEPA compliance date’, with re- ‘‘(BB) the account identified under item with respect to the proposed action again.’’. spect to a proposed action, means the date (aa); and --- by which the head of a Federal agency is re- ‘‘(CC) the reduction under item (bb). SA 2252. Mr. LEE submitted an quired to complete the NEPA process under ‘‘(iii) CONTINUED NONCOMPLIANCE.— amendment intended to be proposed to subparagraph (A). ‘‘(I) DETERMINATION.—Every 90 days after amendment SA 2137 proposed by Mr. the date of an initial noncompliance deter- ‘‘(IV) HEAD OF A FEDERAL AGENCY.—The SCHUMER (for Ms. SINEMA (for herself, mination, the Director shall determine term ‘head of a Federal agency’ does not in- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- clude the governor or head of a State agency whether the head of the Federal agency has SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. of a State. complied with the applicable requirements of subparagraphs (A) through (C) for the pro- TESTER, Ms. MURKOWSKI, Mr. WARNER, ‘‘(V) INITIAL EIS COMPLIANCE DATE.—The term ‘initial EIS compliance date’, with re- posed action, until the date on which the Di- and Mr. ROMNEY)) to the bill H.R. 3684, spect to a proposed action for which a Fed- rector determines that the head of the Fed- to authorize funds for Federal-aid high- eral agency has completed the NEPA process eral agency published a notice of intent de- ways, highway safety programs, and for the proposed action. scribed in subparagraph (B)(ii), means the transit programs, and for other pur- ‘‘(II) PENALTY; NOTIFICATION.—For each de- date by which an environmental impact termination made by the Director under sub- poses; which was ordered to lie on the statement for that proposed action is re- clause (I) that the head of a Federal agency table; as follows: quired to be completed under subparagraph has not complied with a requirement of sub- At the end of the amendment, add the fol- (C). paragraph (A), (B), or (C) for a proposed ac- lowing: ‘‘(VI) INITIAL NEPA COMPLIANCE DATE.—The tion— DIVISION ll—AGENCY PROCESS RE- term ‘initial NEPA compliance date’, with ‘‘(aa) the amount that the head of the Fed- respect to a proposed action, means the date FORMS UNDER THE NATIONAL ENVI- eral agency may obligate from the account RONMENTAL POLICY ACT by which the head of a Federal agency is re- identified under clause (ii)(II)(aa) for the fis- quired to issue or publish a document de- SEC. ll. AGENCY PROCESS REFORMS UNDER cal year during which the most recent deter- NEPA. scribed in subparagraph (B) for that proposed mination under subclause (I) is made shall be Title I of the National Environmental Pol- action under that subparagraph. reduced by 0.5 percent from the amount ini- icy Act of 1969 is amended— ‘‘(VII) INITIAL NONCOMPLIANCE DETERMINA- tially made available for the account for (1) by redesignating section 105 (42 U.S.C. TION.—The term ‘initial noncompliance de- that fiscal year; and 4335) as section 106; and termination’ means a determination under ‘‘(bb) the Director shall notify the head of (2) by inserting after section 104 (42 U.S.C. clause (ii)(I)(bb) that the head of a Federal the Federal agency of— 4334) the following: agency has not complied with the require- ‘‘(AA) the determination under subclause ments of subparagraph (A), (B), or (C). (I); and ‘‘SEC. 105. AGENCY PROCESS REFORMS. ‘‘(ii) INITIAL NONCOMPLIANCE.— ‘‘(BB) the reduction under item (aa). ‘‘(a) DEFINITIONS.—In this section: ‘‘(I) DETERMINATION.— ‘‘(iv) REQUIREMENTS.— ‘‘(1) ENVIRONMENTAL ASSESSMENT.—The ‘‘(aa) NOTIFICATION.—As soon as prac- ‘‘(I) AMOUNTS NOT RESTORED.—A reduction term ‘environmental assessment’ has the ticable after the date described in subsection in the amount that the head of a Federal meaning given the term in section 1508.1 of (a)(4)(B)(i) for a proposed action of a Federal agency may obligate under clause (ii)(II)(bb) title 40, Code of Federal Regulations (or a agency, the head of the Federal agency shall or (iii)(II)(aa) during a fiscal year shall not successor regulation). notify the Director that the head of the Fed- be restored for that fiscal year, without re- ‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.— eral agency is beginning the NEPA process gard to whether the head of a Federal agency The term ‘environmental impact statement’ for that proposed action. completes the NEPA process for the proposed means a detailed statement required under ‘‘(bb) DETERMINATIONS OF COMPLIANCE.— action with respect to which the Director section 102(2)(C). ‘‘(AA) INITIAL DETERMINATION.—As soon as made an initial noncompliance determina- ‘‘(3) FEDERAL AGENCY.—The term ‘Federal practicable after the initial NEPA compli- tion or a determination under clause (iii)(I). agency’ includes a State that has assumed ance date for a proposed action, the Director ‘‘(II) REQUIRED TIMELINES.—The violation responsibility under section 327 of title 23, shall determine whether, as of the initial of subparagraph (B) or (C), and any action United States Code. NEPA compliance date, the head of the Fed- carried out to remediate or otherwise ad- ‘‘(4) HEAD OF A FEDERAL AGENCY.—The term eral agency has complied with subparagraph dress the violation, shall not affect any ‘head of a Federal agency’ includes the gov- (B) for that proposed action. other applicable compliance date under sub- ernor or head of an applicable State agency ‘‘(BB) ENVIRONMENTAL IMPACT STATE- paragraph (A), (B), or (C). of a State that has assumed responsibility MENT.—With respect to a proposed action of ‘‘(2) AUTHORIZATIONS AND PERMITS.— under section 327 of title 23, United States a Federal agency in which the head of the ‘‘(A) IN GENERAL.—Not later than 90 days Code. Federal agency publishes a notice of intent after the date described in subsection ‘‘(5) NEPA PROCESS.— described in subparagraph (B)(ii), as soon as (a)(4)(B)(ii), the head of a Federal agency ‘‘(A) IN GENERAL.—The term ‘NEPA proc- practicable after the initial EIS compliance shall issue— ess’ means the entirety of every process, date for a proposed action, the Director shall ‘‘(i) any necessary permit or authorization analysis, or other measure, including an en- determine whether, as of the initial EIS to carry out the proposed action; or vironmental impact statement, required to compliance date, the head of the Federal ‘‘(ii) a denial of the permit or authoriza- be carried out by a Federal agency under agency has complied with subparagraph (C) tion necessary to carry out the proposed ac- this title before the agency undertakes a for that proposed action. tion. proposed action. ‘‘(CC) COMPLETION OF NEPA PROCESS.—As ‘‘(B) EFFECT OF FAILURE TO ISSUE AUTHOR- ‘‘(B) PERIOD.—For purposes of subpara- soon as practicable after the final NEPA IZATION OR PERMIT.—If a permit or authoriza- graph (A), the NEPA process— compliance date for a proposed action, the tion described in subparagraph (A) is not ‘‘(i) begins on the date on which the head Director shall determine whether, as of the issued or denied within the period described of a Federal agency receives an application final NEPA compliance date, the head of the in that subparagraph, the permit or author- for a proposed action from a project sponsor; Federal agency has complied with subpara- ization shall be considered to be approved. and graph (A) for that proposed action. ‘‘(C) DENIAL OF PERMIT OR AUTHORIZATION.— ‘‘(ii) ends on the date on which the Federal ‘‘(II) IDENTIFICATION; PENALTY; NOTIFICA- ‘‘(i) IN GENERAL.—If a permit or authoriza- agency issues, with respect to the proposed TION.—If the Director makes an initial non- tion described in subparagraph (A) is denied, action— compliance determination for a proposed ac- the head of the Federal agency shall describe ‘‘(I) a record of decision, including, if nec- tion— to the project sponsor— essary, a revised record of decision; ‘‘(aa) the Director shall identify the ac- ‘‘(I) the basis of the denial; and ‘‘(II) a finding of no significant impact; or count for the salaries and expenses of the of- ‘‘(II) recommendations for the project ‘‘(III) a categorical exclusion under this fice of the head of the Federal agency, or an sponsor with respect to how to address the title. equivalent account; reasons for the denial. ‘‘(6) PROJECT SPONSOR.—The term ‘project ‘‘(bb) beginning on the day after the date ‘‘(ii) RECOMMENDED CHANGES.—If the sponsor’ means a Federal agency or other en- on which the Director makes the initial non- project sponsor carries out the recommenda- tity, including a private or public-private en- compliance determination, the amount that tions of the head of the Federal agency under tity, that seeks approval of a proposed ac- the head of the Federal agency may obligate clause (i)(II) and notifies the head of the tion. from the account identified under item (aa) Federal agency that the recommendations ‘‘(b) PROHIBITIONS.—In carrying out the for the fiscal year during which the deter- have been carried out, the head of the Fed- NEPA process, the head of a Federal agency mination is made shall be reduced by 0.5 per- eral agency— may not—

VerDate Sep 11 2014 06:32 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00111 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.068 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5640 CONGRESSIONAL RECORD — SENATE August 2, 2021 ‘‘(1) consider an alternative to the pro- ‘‘(I) provide the same level of environ- cumstance or condition that may require the posed action if the proposed action is not mental analysis as the analysis required reevaluation of the proposed action under technically or economically feasible to the under this title; and this title, the head of the Federal agency project sponsor; or ‘‘(II) allow for the opportunity of public with responsibility for carrying out the ‘‘(2) consider an alternative to the pro- comment; or NEPA process for the proposed action shall— posed action that is not within the jurisdic- ‘‘(ii) subject to paragraph (3), an environ- ‘‘(A) consider whether mitigating the new tion of the Federal agency. mental document prepared by a qualified or unexpected circumstance or condition is ‘‘(c) ENVIRONMENTAL DOCUMENTS.— third party chosen by the project sponsor, at sufficient to avoid significant effects that ‘‘(1) EIS REQUIRED.—In carrying out the the expense of the project sponsor, if the may result from the circumstance or condi- NEPA process for a proposed action that re- head of the Federal agency— tion; and quires the preparation of an environmental ‘‘(I) provides oversight of the preparation ‘‘(B) if the head of the Federal agency de- impact statement, the head of a Federal of the environmental document by the third termines under subparagraph (A) that the agency shall produce for the proposed action party; and significant effects that result from the cir- not more than 1— ‘‘(II) independently evaluates the environ- cumstance or condition can be avoided, miti- ‘‘(A) environmental impact statement; mental document for the compliance of the gate the circumstance or condition without ‘‘(B) if necessary, environmental assess- environmental document with this title. carrying out the NEPA process again. ment; and ‘‘(2) REQUIREMENT FOR THE REUSE OF FIND- ‘‘(f) MULTI-AGENCY PROJECTS.— ‘‘(C) record of decision. INGS AND RESEARCH.—The head of a Federal ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(A) COOPERATING AGENCY.—The term ‘co- ‘‘(2) EIS NOT REQUIRED.—In carrying out agency may reuse the applicable findings the NEPA process for a proposed action that and research described in paragraph (1)(A) operating agency’ means a Federal agency does not require the preparation of an envi- if— involved in a proposed action that— ‘‘(i) is not the lead agency; and ronmental impact statement, the head of a ‘‘(A)(i) the project for which the head of ‘‘(ii) has the jurisdiction or special exper- Federal agency shall produce for the pro- the Federal agency is seeking to reuse the tise such that the Federal agency needs to be posed action not more than 1— findings and research was in close geographic consulted— ‘‘(A) environmental assessment; or proximity to the proposed action; and ‘‘(I) to use a categorical exclusion; or ‘‘(B) finding of no significant impact. ‘‘(ii) the head of the Federal agency deter- mines that the conditions under which the ‘‘(II) to prepare an environmental assess- ‘‘(d) CATEGORICAL EXCLUSIONS.— applicable findings and research were issued ment or environmental impact statement, as ‘‘(1) IN GENERAL.—Notwithstanding any have not substantially changed; or applicable. other provision of law and subject to para- ‘‘(B)(i) the project for which the head of ‘‘(B) LEAD AGENCY.—The term ‘lead agency’ graph (2), the head of a Federal agency may, the Federal agency is seeking to reuse the means the Federal agency selected under without further approval, use a categorical findings and research was not in close geo- paragraph (2)(A). exclusion under this title that has been ap- graphic proximity to the proposed action; ‘‘(2) AGENCY DESIGNATION.— proved by— and ‘‘(A) LEAD AGENCY.—In carrying out the ‘‘(A)(i) another Federal agency; and ‘‘(ii) the head of the Federal agency deter- NEPA process for a proposed action that re- ‘‘(ii) the Council on Environmental Qual- mines that the proposed action has similar quires authorization from multiple Federal ity; or issues or decisions as the project. agencies, the heads of the applicable Federal ‘‘(B) an Act of Congress. ‘‘(3) REQUIREMENTS FOR CREATION OF ENVI- agencies shall determine the lead agency for ‘‘(2) REQUIREMENTS.—The head of a Federal RONMENTAL DOCUMENT BY QUALIFIED 3RD PAR- the proposed action. agency may use a categorical exclusion de- TIES.— ‘‘(B) INVITATION.—The head of the lead scribed in paragraph (1) if the head of the ‘‘(A) IN GENERAL.—A qualified third party agency may invite any relevant State, local, Federal agency— may prepare an environmental document in- or Tribal agency with Federal authorization ‘‘(A) carefully reviews the description of tended to be adopted by a Federal agency as decision responsibility to be a cooperating the proposed action to ensure that it fits the environmental impact statement, envi- agency. within the category of actions described in ronmental assessment, or other environ- ‘‘(3) RESPONSIBILITIES OF LEAD AGENCY.— the categorical exclusion; and mental document for a proposed action The lead agency for a proposed action shall— ‘‘(B) considers the circumstances associ- under paragraph (1)(B)(ii) if— ‘‘(A) as soon as practicable and in con- ated with the proposed action to ensure that ‘‘(i) the project sponsor submits a written sultation with the cooperating agencies, de- there are no extraordinary circumstances request to the head of the applicable Federal termine whether a proposed action requires that warrant the preparation of an environ- agency that the head of the Federal agency the preparation of an environmental impact mental assessment or an environmental im- approve the qualified third party to create statement; and pact statement. the document intended to be adopted by a ‘‘(B) if the head of the lead agency deter- ‘‘(3) EXTRAORDINARY CIRCUMSTANCES.—If Federal agency as the environmental impact mines under subparagraph (A) that an envi- the head of a Federal agency determines that statement, environmental assessment, or ronmental impact statement is necessary— extraordinary circumstances are present other environmental document; and ‘‘(i) be responsible for coordinating the with respect to a proposed action, the head ‘‘(ii) the head of the Federal agency deter- preparation of an environmental impact of the Federal agency shall— mines that— statement; ‘‘(A) consider whether mitigating cir- ‘‘(I) the third party is qualified to prepare ‘‘(ii) provide cooperating agencies with an cumstances or other conditions are sufficient the document; and opportunity to review and contribute to the to avoid significant effects of the proposed ‘‘(II) the third party has no financial or preparation of the environmental impact action; and other interest in the outcome of the pro- statement and environmental assessment, as ‘‘(B) if the head of the Federal agency de- posed action. applicable, of the proposed action, except termines that those significant effects can be ‘‘(B) DEADLINE.—The head of a Federal that the cooperating agency shall limit com- avoided, apply a categorical exclusion to the agency that receives a written request under ments to issues within the special expertise proposed action. subparagraph (A)(i) shall issue a written de- or jurisdiction of the cooperating agency; ‘‘(e) REUSE OF WORK; DOCUMENTS PREPARED cision approving or denying the request not and BY QUALIFIED 3RD PARTIES; UNEXPECTED CIR- later than 30 days after the date on which ‘‘(iii) subject to subsection (b), as soon as CUMSTANCES.— the written request is received. practicable and in consultation with the co- ‘‘(1) IN GENERAL.—In carrying out the ‘‘(C) NO PRIOR WORK.—The head of a Fed- operating agencies, determine the range of NEPA process for a proposed action— eral agency may not adopt an environmental alternatives to be considered for the pro- ‘‘(A) subject to paragraph (2), the head of a document under paragraph (1)(B)(ii) if the posed action. Federal agency shall— qualified third party began preparing the ‘‘(4) ENVIRONMENTAL DOCUMENTS.—In car- ‘‘(i) use any applicable findings and re- document prior to the date on which the rying out the NEPA process for a proposed search from a prior NEPA process of any head of the Federal agency issues the writ- action, the lead agency shall prepare not Federal agency; and ten decision under subparagraph (B) approv- more than 1 of each type of document de- ‘‘(ii) incorporate the findings and research ing the request. scribed in paragraph (1) or (2) of subsection described in clause (i) into any applicable ‘‘(D) DENIALS.—If the head of a Federal (c), as applicable— analysis under the NEPA process; and agency issues a written decision denying the ‘‘(A) in consultation with cooperating ‘‘(B) a Federal agency may adopt as an en- request under subparagraph (A)(i), the head agencies; and vironmental impact statement, environ- of the Federal agency shall submit to the ‘‘(B) for all applicable Federal agencies. mental assessment, or other environmental project sponsor with the written decision the ‘‘(5) PROHIBITIONS.— document to achieve compliance with this findings that served as the basis of the de- ‘‘(A) IN GENERAL.—A cooperating agency title— nial. may not evaluate an alternative to the pro- ‘‘(i) an environmental document prepared ‘‘(4) UNEXPECTED CIRCUMSTANCES.—If, while posed action that has not been determined to under the law of the applicable State if the carrying out a proposed action after the be within the range of alternatives consid- head of the Federal agency determines that completion of the NEPA process for that pro- ered under paragraph (3)(B)(iii). the environmental laws of the applicable posed action, a Federal agency or project ‘‘(B) OMISSION.—If a cooperating agency State— sponsor encounters a new or unexpected cir- submits to the lead agency an evaluation of

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00112 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.075 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5641 an alternative that does not meet the re- poses; which was ordered to lie on the ‘‘(v) the length of time the Federal agency quirements of subsection (b), the lead agency table; as follows: took to complete each environmental assess- shall omit the alternative from the environ- At the end of the amendment, add the fol- ment described in clause (iv); mental impact statement. lowing: ‘‘(vi) the number of proposed actions pend- ‘‘(g) REPORTS.— ing on the date on which the report is sub- DIVISION ll—REQUIRED REPORTS ‘‘(1) NEPA DATA.— mitted for which an environmental assess- UNDER THE NATIONAL ENVIRON- ‘‘(A) IN GENERAL.—The head of each Fed- ment is being drafted; MENTAL POLICY ACT eral agency that carries out the NEPA proc- ‘‘(vii) the number of proposed actions for ess shall carry out a process to track, and SEC. ll. REQUIRED REPORTS UNDER NEPA. which an environmental impact statement annually submit to Congress a report con- Title I of the National Environmental Pol- was issued during the reporting period; taining, the information described in sub- icy Act of 1969 is amended— ‘‘(viii) the length of time the Federal agen- paragraph (B). (1) by redesignating section 105 (42 U.S.C. cy took to complete each environmental im- ‘‘(B) INFORMATION DESCRIBED.—The infor- 4335) as section 106; and pact statement described in clause (vii); and mation referred to in subparagraph (A) is, (2) by inserting after section 104 (42 U.S.C. ‘‘(ix) the number of proposed actions pend- with respect to the Federal agency issuing 4334) the following: ing on the date on which the report is sub- the report under that subparagraph— ‘‘SEC. 105. REQUIRED REPORTS. mitted for which an environmental impact ‘‘(i) the number of proposed actions for ‘‘(a) DEFINITIONS.—In this section: statement is being drafted. ‘‘(1) ENVIRONMENTAL ASSESSMENT.—The which a categorical exclusion was issued dur- ‘‘(2) NEPA COSTS.— term ‘environmental assessment’ has the ing the reporting period; ‘‘(A) IN GENERAL.—Not later than 1 year ‘‘(ii) the length of time the Federal agency meaning given the term in section 1508.1 of after the date of enactment of this sub- took to issue the categorical exclusions de- title 40, Code of Federal Regulations (or a section, the Chair of the Council on Environ- scribed in clause (i); successor regulation). mental Quality and the Director of the Office ‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.— ‘‘(iii) the number of proposed actions pend- of Management and Budget shall jointly de- The term ‘environmental impact statement’ ing on the date on which the report is sub- velop a methodology to assess the com- means a detailed statement required under mitted for which the issuance of a categor- prehensive costs of the NEPA process. ical exclusion is pending; section 102(2)(C). ‘‘(B) REQUIREMENTS.—The head of each ‘‘(3) FEDERAL AGENCY.—The term ‘Federal ‘‘(iv) the number of proposed actions for Federal agency that carries out the NEPA agency’ includes a State that has assumed which an environmental assessment was process shall— responsibility under section 327 of title 23, issued during the reporting period; ‘‘(i) adopt the methodology developed ‘‘(v) the length of time the Federal agency United States Code. under subparagraph (A); and took to complete each environmental assess- ‘‘(4) HEAD OF A FEDERAL AGENCY.—The term ‘‘(ii) use the methodology developed under ment described in clause (iv); ‘head of a Federal agency’ includes the gov- subparagraph (A) to annually submit to Con- ‘‘(vi) the number of proposed actions pend- ernor or head of an applicable State agency gress a report describing— ing on the date on which the report is sub- of a State that has assumed responsibility ‘‘(I) the comprehensive cost of the NEPA mitted for which an environmental assess- under section 327 of title 23, United States process for each proposed action that was ment is being drafted; Code. carried out within the reporting period; and ‘‘(vii) the number of proposed actions for ‘‘(5) NEPA PROCESS.— ‘‘(II) for a proposed action for which the which an environmental impact statement ‘‘(A) IN GENERAL.—The term ‘NEPA proc- head of the Federal agency is still com- was issued during the reporting period; ess’ means the entirety of every process, ‘‘(viii) the length of time the Federal agen- analysis, or other measure, including an en- pleting the NEPA process at the time the re- cy took to complete each environmental im- vironmental impact statement, required to port is submitted— pact statement described in clause (vii); and be carried out by a Federal agency under ‘‘(aa) the amount of money expended to ‘‘(ix) the number of proposed actions pend- this title before the agency undertakes a date to carry out the NEPA process for the ing on the date on which the report is sub- proposed action. proposed action; and ‘‘(bb) an estimate of the remaining costs mitted for which an environmental impact ‘‘(B) PERIOD.—For purposes of subpara- statement is being drafted. graph (A), the NEPA process— before the NEPA process for the proposed ac- tion is complete.’’. ‘‘(2) NEPA COSTS.— ‘‘(i) begins on the date on which the head ‘‘(A) IN GENERAL.—Not later than 1 year of a Federal agency receives an application after the date of enactment of this sub- for a proposed action from a project sponsor; SA 2254. Mr. LEE submitted an section, the Chair of the Council on Environ- and amendment intended to be proposed to mental Quality and the Director of the Office ‘‘(ii) ends on the date on which the Federal amendment SA 2137 proposed by Mr. of Management and Budget shall jointly de- agency issues, with respect to the proposed SCHUMER (for Ms. SINEMA (for herself, velop a methodology to assess the com- action— Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- prehensive costs of the NEPA process. ‘‘(I) a record of decision, including, if nec- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. essary, a revised record of decision; ‘‘(B) REQUIREMENTS.—The head of each TESTER, Ms. MURKOWSKI, Mr. WARNER, Federal agency that carries out the NEPA ‘‘(II) a finding of no significant impact; or and Mr. ROMNEY)) to the bill H.R. 3684, process shall— ‘‘(III) a categorical exclusion under this ‘‘(i) adopt the methodology developed title. to authorize funds for Federal-aid high- under subparagraph (A); and ‘‘(6) PROJECT SPONSOR.—The term ‘project ways, highway safety programs, and ‘‘(ii) use the methodology developed under sponsor’ means a Federal agency or other en- transit programs, and for other pur- subparagraph (A) to annually submit to Con- tity, including a private or public-private en- poses; which was ordered to lie on the gress a report describing— tity, that seeks approval of a proposed ac- table; as follows: ‘‘(I) the comprehensive cost of the NEPA tion. Strike all after the enacting clause and in- ‘‘(b) REPORTS.— process for each proposed action that was sert the following: carried out within the reporting period; and ‘‘(1) NEPA DATA.— SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(II) for a proposed action for which the ‘‘(A) IN GENERAL.—The head of each Fed- head of the Federal agency is still com- eral agency that carries out the NEPA proc- (a) SHORT TITLE.—This Act may be cited as pleting the NEPA process at the time the re- ess shall carry out a process to track, and the ‘‘Transportation Empowerment Act’’. port is submitted— annually submit to Congress a report con- (b) TABLE OF CONTENTS.—The table of con- ‘‘(aa) the amount of money expended to taining, the information described in sub- tents for this Act is as follows: date to carry out the NEPA process for the paragraph (B). Sec. 1. Short title; table of contents. proposed action; and ‘‘(B) INFORMATION DESCRIBED.—The infor- Sec. 2. Findings and purposes. ‘‘(bb) an estimate of the remaining costs mation referred to in subparagraph (A) is, TITLE I—HIGHWAY FUNDING with respect to the Federal agency issuing before the NEPA process for the proposed ac- Sec. 101. Authorization of appropriations. the report under that subparagraph— tion is complete.’’. Sec. 102. Federalization and defederalization ‘‘(i) the number of proposed actions for of projects. Mr. LEE submitted an which a categorical exclusion was issued dur- SA 2253. Sec. 103. Reporting requirements. ing the reporting period; amendment intended to be proposed to Sec. 104. Funding limitation. ‘‘(ii) the length of time the Federal agency amendment SA 2137 proposed by Mr. Sec. 105. Reports; certification. took to issue the categorical exclusions de- SCHUMER (for Ms. SINEMA (for herself, TITLE II—FEDERAL-AID HIGHWAY Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- scribed in clause (i); ‘‘(iii) the number of proposed actions pend- PROGRAM REFORMS SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ing on the date on which the report is sub- Sec. 201. Definitions. TESTER, Ms. MURKOWSKI, Mr. WARNER, mitted for which the issuance of a categor- Sec. 202. Federal-aid system. and Mr. ROMNEY)) to the bill H.R. 3684, ical exclusion is pending; Sec. 203. Apportionment. to authorize funds for Federal-aid high- ‘‘(iv) the number of proposed actions for Sec. 204. Additional deposits in Highway ways, highway safety programs, and which an environmental assessment was Trust Fund. transit programs, and for other pur- issued during the reporting period; Sec. 205. Project approval and oversight.

VerDate Sep 11 2014 06:32 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00113 Fmt 0637 Sfmt 0655 E:\CR\FM\A02AU6.075 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5642 CONGRESSIONAL RECORD — SENATE August 2, 2021 Sec. 206. Standards. (6) the Federal role in highway transpor- program under section 203 of title 23, United Sec. 207. Nationally significant freight and tation has, over time, usurped the role of the States Code, $300,000,000 for each of fiscal highway projects. States by taxing motor fuels used in the years 2022 through 2026, of which— Sec. 208. National highway performance pro- States and then distributing the proceeds to (I) $240,000,000 of the amount made avail- gram. the States based on the perceptions of the able for each fiscal year shall be the amount Sec. 209. Federal share payable. Federal Government on what is best for the for the National Park Service; and Sec. 210. Emergency relief. States; (II) $30,000,000 of the amount made avail- Sec. 211. Transferability of Federal-aid high- (7) the Federal Government has used the able for each fiscal year shall be the amount way funds. Federal motor fuels tax revenues to force all for the United States Fish and Wildlife Serv- Sec. 212. Toll roads, bridges, tunnels, and States to take actions that are not nec- ice. ferries. essarily appropriate for individual States; (ii) FEDERAL LANDS ACCESS PROGRAM.—For Sec. 213. Railway-highway crossings. (8) the Federal distribution, review, and the Federal lands access program under sec- Sec. 214. Surface transportation block grant enforcement process wastes billions of dol- tion 204 of title 23, United States Code, program. lars on unproductive activities; $250,000,000 for each of fiscal years 2022 Sec. 215. Metropolitan transportation plan- (9) Federal mandates that apply uniformly through 2026. ning. to all 50 States, regardless of the different (b) FUNDING FOR HIGHWAY RESEARCH AND Sec. 216. Control of junkyards. circumstances of the States, cause the DEVELOPMENT PROGRAM.— Sec. 217. Enforcement of requirements. States to waste billions of hard-earned tax (1) AUTHORIZATION OF APPROPRIATIONS.— Sec. 218. Public transportation. dollars on projects, programs, and activities There is authorized to be appropriated out of Sec. 219. Highway use tax evasion projects. that the States would not otherwise under- the Highway Trust Fund to carry out section Sec. 220. National bridge and tunnel inven- take; and 503(b) of title 23, United States Code, tory and inspection standards. (10) Congress has expressed a strong inter- $115,000,000 for each of fiscal years 2022 Sec. 221. Carpool and vanpool projects. through 2026. Sec. 222. Construction of ferry boats and est in reducing the role of the Federal Gov- ernment by allowing each State to manage (2) APPLICABILITY OF TITLE 23, UNITED ferry terminal facilities. STATES CODE.—Funds authorized to be appro- Sec. 223. Highway safety improvement pro- its own affairs. (b) PURPOSES.—The purposes of this Act priated by paragraph (1) shall— gram. (A) be available for obligation in the same Sec. 224. Repeal of congestion mitigation are— (1) to provide a new policy blueprint to manner as if those funds were apportioned and air quality improvement under chapter 1 of title 23, United States program. govern the Federal role in transportation once existing and prior financial obligations Code, except that the Federal share of the Sec. 225. National goals and performance cost of a project or activity carried out using measures. are met; (2) to return to the individual States max- those funds shall be 80 percent, unless other- Sec. 226. National electric vehicle charging wise expressly provided by this Act (includ- and hydrogen, propane, and imum discretionary authority and fiscal re- sponsibility for all elements of the national ing the amendments by this Act); and natural gas fueling corridors. (B) remain available until expended and Sec. 227. Hazard elimination program. surface transportation systems that are not not be transferable. Sec. 228. National scenic byways program. within the direct purview of the Federal Sec. 229. National highway freight program. Government; SEC. 102. FEDERALIZATION AND DEFEDERALIZATION OF PROJECTS. Sec. 230. Recreational trails program. (3) to preserve Federal responsibility for Notwithstanding any other provision of Sec. 231. Bicycle transportation and pedes- the Dwight D. Eisenhower National System law, beginning on October 1, 2021— trian walkways. of Interstate and Defense Highways; (1) a highway construction or improvement Sec. 232. Alaska highway. (4) to preserve the responsibility of the De- project shall not be considered to be a Fed- Sec. 233. Conforming amendments. partment of Transportation for— (A) design, construction, and preservation eral highway construction or improvement TITLE III—HIGHWAY TRUST FUND AND project unless and until a State expends Fed- RELATED TAXES of transportation facilities on Federal public land; eral funds for the construction portion of the Subtitle A—Highway Trust Fund Authority (B) national programs of transportation re- project; Sec. 301. Extension of Highway Trust Fund search and development and transportation (2) a highway construction or improvement expenditure authority. safety; and project shall not be considered to be a Fed- Sec. 302. Termination of Mass Transit Ac- (C) emergency assistance to the States in eral highway construction or improvement count. response to natural disasters; project solely by reason of the expenditure of Sec. 303. Transfer of unused COVID–19 ap- (5) to eliminate to the maximum extent Federal funds by a State before the construc- propriations to the Highway practicable Federal obstacles to the ability tion phase of the project to pay expenses re- Trust Fund. of each State to apply innovative solutions lating to the project, including for any envi- Sec. 304. Termination of employee retention to the financing, design, construction, oper- ronmental document or design work required credit for employers subject to ation, and preservation of Federal and State for the project; and closure due to COVID–19. transportation facilities; and (3)(A) a State may, after having used Fed- Sec. 305. Transfer of unused Coronavirus (6) with respect to transportation activi- eral funds to pay all or a portion of the costs State and Local Fiscal Recov- ties carried out by States, local govern- of a highway construction or improvement ery Funds to the Highway ments, and the private sector, to encour- project, reimburse the Federal Government Trust Fund. age— in an amount equal to the amount of Federal Subtitle B—Highway Related Taxes (A) competition among States, local gov- funds so expended; and (B) after completion of a reimbursement Sec. 311. Reduction in taxes on gasoline, die- ernments, and the private sector; and described in subparagraph (A), a highway sel fuel, kerosene, and special (B) innovation, energy efficiency, private construction or improvement project de- fuels funding Highway Trust sector participation, and productivity. scribed in that subparagraph shall no longer Fund. TITLE I—HIGHWAY FUNDING be considered to be a Federal highway con- Sec. 312. Extension of highway-related SEC. 101. AUTHORIZATION OF APPROPRIATIONS. struction or improvement project. taxes. N ENERAL (a) I G .— SEC. 103. REPORTING REQUIREMENTS. SEC. 2. FINDINGS AND PURPOSES. (1) AUTHORIZATION OF APPROPRIATIONS.— No reporting requirement, other than a re- (a) FINDINGS.—Congress finds that— The following sums are authorized to be ap- porting requirement in effect as of the date (1) the objective of the Federal highway propriated out of the Highway Trust Fund: of enactment of this Act, shall apply on or program has been to facilitate the construc- (A) FEDERAL-AID HIGHWAY PROGRAM.—For after October 1, 2021, to the use of Federal tion of a modern freeway system that pro- the national highway performance program funds for highway projects by a public-pri- motes efficient interstate commerce by con- under section 119 of title 23, United States vate partnership. necting all States; Code, the surface transportation block grant SEC. 104. FUNDING LIMITATION. (2) the objective described in paragraph (1) program under section 133 of that title, the Notwithstanding any other provision of has been attained, and the Interstate System highway safety improvement program under law, if the Secretary of Transportation de- connecting all States is near completion; section 148 of that title, and the national termines for any of fiscal years 2022 through (3) each State has the responsibility of pro- highway freight program under section 167 of 2026 that the aggregate amount required to viding an efficient transportation network that title $18,450,000,000 for each of fiscal carry out transportation programs and for the residents of the State; years 2022 through 2026. projects under this Act and the amendments (4) each State has the means to build and (B) EMERGENCY RELIEF.—For emergency re- made by this Act exceeds the estimated ag- operate a network of transportation sys- lief under section 125 of title 23, United gregate amount in the Highway Trust Fund tems, including highways, that best serves States Code, $100,000,000 for each of fiscal available for those programs and projects for the needs of the State; years 2022 through 2026. the fiscal year, each amount made available (5) each State is best capable of deter- (C) FEDERAL LANDS PROGRAMS.— for that program or project shall be reduced mining the needs of the State and acting on (i) FEDERAL LANDS TRANSPORTATION PRO- by the pro rata percentage required to re- those needs; GRAM.—For the Federal lands transportation duce the aggregate amount required to carry

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00114 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.070 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5643 out those programs and projects to an (1) in subsection (a)— any amount the State would otherwise re- amount equal to the amount available for (A) by striking paragraph (1) and inserting ceive from the Highway Trust Fund for the those programs and projects in the Highway the following: fiscal year that begins after the date of the Trust Fund for the fiscal year. ‘‘(1) IN GENERAL.—There is authorized to be determination.’’; and SEC. 105. REPORTS; CERTIFICATION. appropriated from the Highway Trust Fund (7) by striking subsection (i) and inserting (a) REPORT ON EXISTING OBLIGATIONS.— for each of fiscal years 2022 through 2026, to the following: (1) IN GENERAL.—The Director of the Office be made available to the Secretary for ad- ‘‘(g) BASE APPORTIONMENT DEFINED.—In of Management and Budget (referred to in ministrative expenses of the Federal High- this section, the term ‘base apportionment’ this section as the ‘‘Director’’), in consulta- way Administration, an amount equal to 1 means the combined amount authorized for tion with the Secretary of Transportation, percent of the amounts made available for appropriation for the national highway per- shall develop and submit to Congress a 5- programs under this title for the fiscal formance program under section 119, the sur- year plan for the use of revenue deposited in year.’’; and face transportation block grant program the Highway Trust Fund to pay for unpaid (B) in paragraph (2)(B), by striking ‘‘the under section 133, the highway safety im- obligations under Federal-aid highway pro- Appalachian development highway system’’ provement program under section 148, and grams (as in effect before the date of enact- and inserting ‘‘the portions of the Appa- the national highway freight program under ment of this Act) incurred before the date of lachian Development Highway System on section 167.’’. enactment of this Act. the Interstate System’’; SEC. 204. ADDITIONAL DEPOSITS IN HIGHWAY (2) REQUIREMENT.—In developing the plan (2) in subsection (b)— TRUST FUND. under paragraph (1), the Director shall, to (A) in the matter preceding paragraph (1), (a) IN GENERAL.—Section 105 of title 23, the maximum extent practicable, balance by striking ‘‘the congestion mitigation and United States Code, is repealed. payments for new Federal-aid highway air quality improvement program, the na- (b) CLERICAL AMENDMENT.—The analysis projects with continued payment of unpaid tional highway freight program, and to carry for chapter 1 of title 23, United States Code, obligations described in paragraph (1). out section 134’’ and inserting ‘‘and the na- is amended by striking the item relating to (b) ANNUAL REPORTS.—Not less frequently tional highway freight program’’; section 105. than annually, the Director shall submit to (B) in each of paragraphs (1), (2), and (3), by SEC. 205. PROJECT APPROVAL AND OVERSIGHT. Congress a report that includes— striking ‘‘paragraphs (4), (5), and (6)’’ and in- Section 106 of title 23, United States Code, (1) a description of the remaining balance serting ‘‘paragraph (4)’’; is amended— (C) by striking paragraph (4); of unpaid obligations under Federal-aid high- (1) in subsection (c)— (D) by redesignating paragraph (5) as para- way programs (as in effect before the date of (A) by striking paragraphs (1) and (2) and graph (4); enactment of this Act) incurred before the inserting the following: (E) in paragraph (4) (as so redesignated)— date of enactment of this Act; and ‘‘(1) IN GENERAL.—For any project under (i) by striking subparagraph (B) and insert- (2) a status update on the progress made this title, the State may assume the respon- ing the following: toward achieving the goals of the 5-year plan sibilities of the Secretary under this title for ‘‘(B) TOTAL AMOUNT.—The total amount set developed under subsection (a). design, plans, specifications, estimates, con- aside for the national highway freight pro- (c) CERTIFICATION.—On the date that the tract awards, and inspections with respect to Director determines that there are no re- gram for all States shall be 3.5 percent of the amounts made available for programs under the project, unless the Secretary determines maining unpaid obligations under Federal- this title for each of fiscal years 2022 through that the assumption is not appropriate.’’; aid highway programs (as in effect before the 2026.’’; and and date of enactment of this Act) incurred be- (ii) by striking subparagraph (D); and (B) by redesignating paragraphs (3) and (4) fore the date of enactment of this Act, the (F) by striking paragraph (6); as paragraphs (2) and (3), respectively; Director shall submit to Congress a certifi- (3) in subsection (c)— (2) in subsection (d), in the matter pre- cation that there are no such remaining un- (A) in paragraph (1)— ceding paragraph (1), by striking ‘‘this sec- paid obligations. (i) in the matter preceding subparagraph tion, section 133, or section 149’’ and insert- TITLE II—FEDERAL-AID HIGHWAY (A), by striking ‘‘fiscal years 2016 through ing ‘‘this section or section 133’’; PROGRAM REFORMS 2020’’ and inserting ‘‘fiscal years 2022 through (3) in subsection (e)(2)— SEC. 201. DEFINITIONS. 2026’’; (A) in subparagraph (A), by striking ‘‘the Section 101(a) of title 23, United States (ii) in subparagraph (A)— National Highway System’’ and inserting Code, is amended— (I) by striking clause (i) and inserting the ‘‘the Interstate System’’; and (1) by striking paragraph (6) and inserting following: (B) in subparagraph (B), by striking ‘‘the the following: ‘‘(i) the base apportionment; by’’; and National Highway System’’ and inserting ‘‘(6) FEDERAL-AID HIGHWAY.—The term (II) in clause (ii)(I), by striking ‘‘fiscal year ‘‘the Interstate System’’; and ‘Federal-aid highway’ means a highway on 2015’’ and inserting ‘‘fiscal year 2021’’; and (4) in subsection (h)(3)(C), in the second the Interstate System eligible for assistance (iii) in subparagraph (B), by striking sentence, by striking ‘‘statewide and metro- under this chapter.’’; ‘‘(other than the Mass Transit Account)’’; politan planning requirements in sections 134 (2) in paragraph (12), by striking ‘‘section and and 135’’ and inserting ‘‘statewide planning 103(c)’’ and inserting ‘‘section 103(b)’’; (B) in paragraph (2)— requirements under section 135’’. (3) by striking paragraph (16); and (i) by striking ‘‘fiscal years 2016 through SEC. 206. STANDARDS. (4) by redesignating paragraphs (17) 2020’’ and inserting ‘‘fiscal years 2022 through (a) IN GENERAL.—Section 109 of title 23, through (34) as paragraphs (16) through (33), 2026’’; and United States Code, is amended— respectively. (ii) by striking ‘‘the congestion mitigation (1) by striking subsection (c); SEC. 202. FEDERAL-AID SYSTEM. and air quality improvement program under (2) by redesignating subsections (d) (a) IN GENERAL.—Section 103(a) of title 23, section 149, the national highway freight through (n) as subsections (c) through (m), United States Code, is amended by striking program under section 167, and to carry out respectively; ‘‘the National Highway System, which in- section 134’’ and inserting ‘‘and the national (3) by striking subsection (o); cludes’’. highway freight program under section 167’’; (4) by redesignating subsections (p) (b) CONFORMING AMENDMENTS.— (4) by striking subsections (d) and (h); through (r) as subsections (n) through (p), re- (1) Section 103 of title 23, United States (5) by redesignating subsections (e) spectively; and Code, is amended— through (g) as subsections (d) through (f), re- (5) in subsection (n) (as so redesignated), in (A) by striking the section designation and spectively; the matter preceding paragraph (1), by strik- heading and inserting the following: (6) by striking subsection (e) (as so redesig- ing ‘‘Notwithstanding subsections (b) and (c), the Secretary may approve a project for the ‘‘§ 103. Federal-aid system’’; nated) and inserting the following: ‘‘(e) TRANSFERABILITY OF FUNDS.— National Highway System’’ and inserting (B) by striking subsection (b); and ‘‘(1) IN GENERAL.—To the extent that a ‘‘Notwithstanding subsection (b), the Sec- (C) by redesignating subsection (c) as sub- State determines that funds made available retary may approve a project for the Inter- section (b). under this title to the State for a purpose state System’’. (2) Section 127(f) of title 23, United States are in excess of the needs of the State for (b) TECHNICAL AND CONFORMING AMEND- Code, is amended by striking ‘‘section that purpose, the State may transfer the ex- MENTS.—Section 112 of title 23, United States 103(c)(4)(A)’’ and inserting ‘‘section cess funds to, and use the excess funds for, Code, is amended— 103(b)(4)(A)’’. any surface transportation (including public (1) in subsection (b)— (3) The analysis for chapter 1 of title 23, transportation and rail) purpose in the (A) in paragraph (2)(F), by striking ‘‘(F)(F) United States Code, is amended by striking State. Subparagraphs (B), (C), (D), and (E) herein’’ the item relating to section 103 and inserting ‘‘(2) ENFORCEMENT.—If the Secretary deter- and inserting the following: the following: mines that a State has transferred funds ‘‘(F) LIMITATION.—Subparagraphs (B) ‘‘103. Federal-aid system.’’. under paragraph (1) to a purpose that is not through (E)’’; and SEC. 203. APPORTIONMENT. a surface transportation purpose as described (B) in paragraph (4)(C)(iv)(II), by striking Section 104 of title 23, United States Code, in paragraph (1), the amount of the improp- ‘‘section 109(r)’’ and inserting ‘‘section is amended— erly transferred funds shall be deducted from 109(p)’’; and

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00115 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.070 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5644 CONGRESSIONAL RECORD — SENATE August 2, 2021 (2) in subsection (g)(2)(B), by striking ‘‘sec- (5) in subsection (f)— (A) by striking subparagraphs (B) and (F); tion 109(e)(2)’’ and inserting ‘‘section (A) in the subsection heading, by striking (B) by redesignating subparagraphs (A), 109(d)(2)’’. ‘‘AND NHS’’; and (C), (D), (E), (G), (H), and (I) as paragraphs (1) SEC. 207. NATIONALLY SIGNIFICANT FREIGHT (B) in paragraph (2)— through (7), respectively, and indenting ap- AND HIGHWAY PROJECTS. (i) in the paragraph heading, by striking propriately; Section 117 of title 23, United States Code, ‘‘NHS’’ and inserting ‘‘INTERSTATE SYSTEM’’; (C) in paragraph (1) (as so redesignated), by is amended— and inserting ‘‘on the Interstate System’’ after (1) by striking subsection (d) and inserting (ii) by striking ‘‘the National Highway ‘‘tunnel’’ each place it appears; the following: System’’ each place it appears and inserting (D) in paragraph (3) (as so redesignated), by ‘‘(d) ELIGIBLE PROJECTS.—Except as pro- ‘‘the Interstate System’’; inserting ‘‘on the Interstate System’’ after vided in subsection (e), the Secretary may (6) by striking subsections (g) through (i); ‘‘tunnel’’ each place it appears; make a grant under this section only for a and (E) in paragraph (4) (as so redesignated), by project that— (7) by redesignating subsection (j) as sub- inserting ‘‘on the Interstate System’’ after ‘‘(1) is— section (g). ‘‘tunnel’’ each place it appears; ‘‘(A) a highway freight project carried out SEC. 209. FEDERAL SHARE PAYABLE. (F) in paragraph (6) (as so redesignated), by on the National Highway Freight Network Section 120 of title 23, United States Code, inserting ‘‘on the Interstate System’’ after established under section 167; is amended— ‘‘tunnel’’; and ‘‘(B) a highway or bridge project carried (1) by striking subsection (b); (G) in paragraph (7), by striking ‘‘this out on the Interstate System, including a (2) by redesignating subsections (c) paragraph’’ and inserting ‘‘this subsection’’; project to add capacity to the Interstate through (f) as subsections (b) through (e), re- (4) in subsection (b) (as so redesignated)— System to improve mobility; or spectively; (A) in the matter preceding subparagraph ‘‘(C) a railway-highway grade crossing or (3) in subsection (b) (as so redesignated)— (A), by striking ‘‘this subsection’’ and insert- grade separation project on the Interstate (A) by striking paragraph (2); ing ‘‘this section’’; and System; and (B) by redesignating paragraph (3) as para- (B) by redesignating subparagraphs (A) and ‘‘(2) has eligible project costs that are rea- graph (2); and (B) as paragraphs (1) and (2), respectively, sonably anticipated to equal or exceed the (C) in paragraph (2) (as so redesignated)— and indenting appropriately; lesser of— (i) in subparagraph (A), in the matter pre- (5) in subsection (c) (as so redesignated)— ‘‘(A) $100,000,000; and ceding clause (i), by striking ‘‘paragraph (1), (A) by redesignating subparagraphs (A) ‘‘(B) in the case of a project— (2), (5)(D), or (6) of section 104(b)’’ and insert- through (C) as paragraphs (1) through (3), re- ‘‘(i) located in 1 State, 30 percent of the ing ‘‘paragraph (1) or (2) of section 104(b)’’; spectively, and indenting appropriately; amount apportioned under this chapter to and (B) in paragraph (1) (as so redesignated), by the State in the most recently completed fis- (ii) in subparagraph (C)(i), by striking redesignating clauses (i) through (v) as sub- cal year; or ‘‘paragraphs (1), (2), (5)(D), and (6) of section paragraphs (A) through (E), respectively, and ‘‘(ii) located in more than 1 State, 50 per- 104(b)’’ and inserting ‘‘paragraphs (1) and (2) indenting appropriately; cent of the amount apportioned under this of section 104(b)’’; (C) in paragraph (2) (as so redesignated)— chapter to the participating State with the (4) in subsection (c) (as so redesignated), in (i) by redesignating clauses (i) and (ii) as largest apportionment under this chapter in the first sentence, by striking ‘‘lands re- subparagraphs (A) and (B), respectively, and the most recently completed fiscal year.’’; ferred to in subsections (a) and (b) of this indenting appropriately; and (2) in subsection (e)(1), by striking ‘‘de- section’’ and inserting ‘‘land referred to in (ii) in subparagraph (A) (as so redesig- scribed in subsection (d)(1)(A) that do not subsection (a)’’; nated), by striking ‘‘subparagraph (A)’’ and satisfy the minimum threshold under sub- (5) in subsection (d) (as so redesignated), in inserting ‘‘paragraph (1)’’; and section (d)(1)(B)’’ and inserting ‘‘described in the matter preceding paragraph (1)— (D) in paragraph (3) (as so redesignated), by subsection (d)(1) that do not satisfy the min- (A) by striking ‘‘, including the Interstate striking ‘‘subparagraph (A)’’ each place it imum threshold under subsection (d)(2)’’; System,’’; and appears and inserting ‘‘paragraph (1)’’; (3) by striking subsections (k) and (l); (B) by striking ‘‘subsections (a) and (b)’’ (6) in subsection (d) (as so redesignated)— (4) by redesignating subsections (m) and (n) and inserting ‘‘subsection (a)’’; (A) by redesignating subparagraphs (A) and as subsections (k) and (l), respectively; and (6) by striking subsection (g); and (B) as paragraphs (1) and (2), respectively, (5) in paragraph (1) of subsection (k) (as so (7) by redesignating subsections (h) and indenting appropriately; and redesignated)— through (k) as subsections (g) through (j), re- (B) in paragraph (2) (as so redesignated), by (A) by striking subparagraph (B); and spectively. striking ‘‘this paragraph’’ and inserting (B) in subparagraph (A)— SEC. 210. EMERGENCY RELIEF. ‘‘this subsection’’; (i) in the first sentence, by striking ‘‘At Section 125 of title 23, United States Code, (7) in subsection (e) (as so redesignated), by least 60 days’’ and inserting ‘‘Not less than 60 is amended— striking ‘‘paragraph (1)’’ and inserting ‘‘sub- days’’; and (1) in subsection (a), in the matter pre- section (a)’’; (ii) in the second sentence, by striking ceding paragraph (1), by striking ‘‘highways, (8) in subsection (f) (as so redesignated), by ‘‘The notification’’ and inserting the fol- roads, and trails,’’ and inserting ‘‘highways striking ‘‘paragraph (3)’’ and inserting ‘‘sub- lowing: on the Interstate System’’; section (c)’’; ‘‘(B) INCLUSIONS.—Each notification under (2) in subsection (c)(1), by striking ‘‘(other (9) in subsection (g) (as so redesignated)— subparagraph (A)’’. than the Mass Transit Account)’’; (A) by redesignating subparagraphs (A) SEC. 208. NATIONAL HIGHWAY PERFORMANCE (3) in subsection (d)— through (I) as paragraphs (1) through (9), re- PROGRAM. (A) in paragraph (3)(C), by inserting ‘‘(as in spectively, and indenting appropriately; Section 119 of title 23, United States Code, effect on the day before the date of enact- (B) by striking ‘‘this paragraph’’ each is amended— ment of the Transportation Empowerment place it appears and inserting ‘‘this sub- (1) in subsection (b), by striking ‘‘the Na- Act)’’ after ‘‘subsection (e)(1)’’; and section’’; tional Highway System’’ each place it ap- (B) by striking paragraph (5); (C) in paragraph (1) (as so redesignated), by pears and inserting ‘‘the Interstate System’’; (4) by striking subsections (e) and (f); and redesignating clauses (i) and (ii) as subpara- (2) in subsection (c), by striking ‘‘the Na- (5) by redesignating subsection (g) as sub- graphs (A) and (B), respectively, and indent- tional Highway System, as defined in section section (e). ing appropriately; and 103’’ and inserting ‘‘the Interstate System’’; SEC. 211. TRANSFERABILITY OF FEDERAL-AID (D) in paragraph (8) (as so redesignated), by (3) in subsection (d)— HIGHWAY FUNDS. redesignating clauses (i) and (ii) as subpara- (A) by striking ‘‘the National Highway (a) IN GENERAL.—Section 126 of title 23, graphs (A) and (B), respectively, and indent- System’’ each place it appears and inserting United States Code, is repealed. ing appropriately; and ‘‘the Interstate System’’; (b) CLERICAL AMENDMENT.—The analysis (10) in subsection (j) (as so redesignated)— (B) in paragraph (1)(B), by striking ‘‘sec- for chapter 1 of title 23, United States Code, (A) by redesignating subparagraphs (A) tions 134 and 135’’ and inserting ‘‘section is amended by striking the item relating to through (E) as paragraphs (1) through (5), re- 135’’; and section 126. spectively, and indenting appropriately; (C) in paragraph (2)— SEC. 212. TOLL ROADS, BRIDGES, TUNNELS, AND (B) in the matter preceding paragraph (1) (i) by striking subparagraphs (F) through FERRIES. (as so redesignated), by striking ‘‘this sub- (H); (a) IN GENERAL.—Section 129 of title 23, section’’ and inserting ‘‘this section’’; (ii) by redesignating subparagraphs (I) United States Code, is amended— (C) in paragraph (2) (as so redesignated), by through (L) as subparagraphs (F) through (I), (1) by striking subsections (b) and (c); redesignating clauses (i) and (ii) as subpara- respectively; and (2) in subsection (a)— graphs (A) and (B), respectively, and indent- (iii) by striking subparagraphs (M) through (A) by striking ‘‘(a) Basic program.—’’; and ing appropriately; and (P); (B) by redesignating paragraphs (1) (D) in paragraph (5) (as so redesignated), by (4) in subsection (e), by striking ‘‘the Na- through (10) as subsections (a) through (j), striking ‘‘this subsection’’ and inserting tional Highway System’’ each place it ap- respectively, and indenting appropriately; ‘‘this section’’. pears and inserting ‘‘the Interstate System’’; (3) in subsection (a) (as so redesignated)— (b) CONFORMING AMENDMENTS.—

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(1) Section 165(c)(6)(A) of title 23, United (B) by striking paragraph (2); ‘‘(n) DEFINITIONS.—In this section, the defi- States Code, is amended— (C) by redesignating paragraphs (3) nitions under section 134(b) (as in effect on (A) by striking clause (iii); and through (6) as paragraphs (2) through (5), re- the day before the date of enactment of the (B) by redesignating clauses (iv) through spectively; Transportation Empowerment Act) shall (vii) as clauses (iii) through (vi), respec- (D) in paragraph (4) (as so redesignated), by apply.’’. tively. striking ‘‘sections 134 and 135’’ and inserting (5) Section 137 of title 23, United States (2) Section 166(c)(2) of title 23, United ‘‘section 135’’; and Code, is amended— States Code, is amended by striking ‘‘section (E) in paragraph (5) (as so redesignated), by (A) by striking subsection (e); and 129(a)(3)’’ and inserting ‘‘section 129(c)’’. striking ‘‘is’’ and all that follows through (B) by redesignating subsections (f) and (g) (3) Section 9 of the International Bridge the period at the end and inserting ‘‘is 55 as subsections (e) and (f), respectively. Act of 1972 (33 U.S.C. 535f) is amended in the percent for each of fiscal years 2022 through (6) Section 166 of title 23, United States second sentence by striking ‘‘section 2026.’’; Code, is amended by striking subsection (g). 129(a)(3)’’ and inserting ‘‘section 129(c)’’. (4) in subsection (e)(1), in the matter pre- (7) Section 168(a)(3) of title 23, United SEC. 213. RAILWAY-HIGHWAY CROSSINGS. ceding subparagraph (A), by striking ‘‘fiscal States Code, is amended by striking ‘‘metro- years 2016 through 2020’’ and inserting ‘‘fiscal (a) IN GENERAL.—Section 130 of title 23, politan or statewide transportation planning United States Code, is repealed. years 2022 through 2026’’; and under section 134 or 135, respectively’’ and (5) by striking subsections (f) through (i). (b) CONFORMING AMENDMENTS.— inserting ‘‘statewide transportation planning (b) CONFORMING AMENDMENT.—Section (1) The analysis for chapter 1 of title 23, under section 135’’. 165(c)(7) of title 23, United States Code, is United States Code, is amended by striking (8) Section 201(c)(1) of title 23, United amended by striking ‘‘paragraphs (1) through the item relating to section 130. States Code, is amended by striking ‘‘sec- (4) of section 133(c) and section 133(b)(12)’’ tions 134 and 135’’ and inserting ‘‘section (2) Section 409 of title 23, United States and inserting ‘‘section 133(b)(7)’’. Code, is amended by striking ‘‘sections 130, 135’’. SEC. 215. METROPOLITAN TRANSPORTATION 144, and 148’’ and inserting ‘‘sections 144 and (9) Section 327(a)(2)(B)(iv)(I) of title 23, PLANNING. United States Code, is amended by striking 148’’. (a) IN GENERAL.—Section 134 of title 23, ‘‘134 or’’. SEC. 214. SURFACE TRANSPORTATION BLOCK United States Code, is repealed. (10) Section 505 of title 23, United States GRANT PROGRAM. (b) CONFORMING AMENDMENTS.— (a) IN GENERAL.—Section 133 of title 23, (1) The analysis for chapter 1 of title 23, Code, is amended— United States Code, is amended— United States Code, is amended by striking (A) in subsection (a)(2)— (1) in subsection (b)— the item relating to section 134. (i) by striking ‘‘metropolitan and’’; and (A) in paragraph (1)— (2) Section 2864(f)(2) of title 10, United (ii) by striking ‘‘sections 134 and 135’’ and (i) by striking subparagraphs (B), (C), and States Code, is amended by inserting ‘‘(as in inserting ‘‘section 135’’; and (E); effect on the day before the date of enact- (B) in subsection (b)(2), by striking ‘‘sec- (ii) by redesignating subparagraphs (D) and ment of the Transportation Empowerment tions 134 and 135’’ and inserting ‘‘section (F) as subparagraphs (B) and (C), respec- Act)’’ after ‘‘title 23’’. 135’’. tively; (3) Section 108(d)(5)(A) of title 23, United (11) Section 602(a)(3) of title 23, United (iii) in subparagraph (A), by inserting States Code, is amended by striking ‘‘sec- States Code, is amended by striking ‘‘sec- ‘‘that are on the Interstate System’’ after tions 134 and 135’’ and inserting ‘‘section tions 134 and 135’’ and inserting ‘‘section ‘‘title 40’’; 135’’. 135’’. (iv) in subparagraph (B) (as so redesig- (4) Section 135 of title 23, United States (12) Section 174 of the Clean Air Act (42 nated)— Code, is amended— U.S.C. 7504) is amended— (I) by inserting ‘‘on the Interstate System’’ (A) in subsection (a)— (A) in the fourth sentence of subsection (a), after ‘‘improvements’’; and (i) in paragraph (1), by striking ‘‘Subject to by striking ‘‘the metropolitan planning orga- (II) by inserting ‘‘and’’ after the semicolon section 134, to accomplish the objectives nization designated to conduct the con- at the end; and stated in section 134(a)’’ and inserting ‘‘To tinuing, cooperative and comprehensive (v) in subparagraph (C) (as so redesig- accomplish the objectives stated in section transportation planning process for the area nated), by inserting ‘‘that are on the Inter- 134(a) (as in effect on the day before the date under section 134 of title 23, United States state System’’ before the period at the end; of enactment of the Transportation Em- Code,’’; (B) by striking paragraphs (3), (5), (6), (7), powerment Act)’’; and (B) by striking subsection (b); and (11), (13), and (15); (ii) in paragraph (3), by inserting ‘‘(as in ef- (C) by redesignating subsection (c) as sub- (C) by redesignating paragraphs (4), (8), (9), fect on the day before the date of enactment section (b). (10), (12), and (14) as paragraphs (3) through of the Transportation Empowerment Act)’’ (13) Section 176(c) of the Clean Air Act (42 (8), respectively; after ‘‘section 134(a)’’; U.S.C. 7506(c)) is amended— (D) in paragraph (3) (as so redesignated), by (B) in subsection (b)(1), by striking ‘‘with (A) in paragraph (1), in the matter pre- striking‘‘ and transit safety infrastructure the transportation planning activities car- ceding subparagraph (A), by striking the sec- improvements and programs, including rail- ried out under section 134 for metropolitan ond sentence; way-highway grade crossings’’ and inserting areas of the State and’’; (B) in paragraph (7)(A), in the matter pre- ‘‘safety infrastructure improvements and (C) in subsection (f)— ceding clause (i), by striking ‘‘section 134(i) programs on the Interstate System’’; (i) in paragraph (2)— of title 23, United States Code, or’’; and (E) in paragraph (4) (as so redesignated), by (I) by striking subparagraph (A); and (C) in paragraph (9)— striking ‘‘the National Highway System and (II) by redesignating subparagraphs (B), (i) by striking ‘‘section 134(i) of title 23, a performance-based management program (C), and (D) as subparagraphs (A), (B), and United States Code, or’’; and for other public roads’’ and inserting ‘‘the (C), respectively; (ii) by striking ‘‘under section 134(j) of Interstate System’’; (ii) by striking paragraph (4); such title 23 or’’. (F) in paragraph (5) (as so redesignated), by (iii) in paragraph (6), by striking ‘‘para- (14) Section 182(c)(5) of the Clean Air Act inserting ‘‘on the Interstate System’’ before graph (5)’’ and inserting ‘‘paragraph (4)’’; and (42 U.S.C. 7511a(c)(5)) is amended— the period at the end; (iv) by redesignating paragraphs (5) (A) by striking ‘‘(A) Beginning’’ and insert- (G) in paragraph (6) (as so redesignated), by through (9) as paragraphs (4) through (8), re- ing ‘‘Beginning’’; and inserting ‘‘with respect to the Interstate spectively; (B) in the last sentence by striking ‘‘and System’’ before the period at the end; (D) in subsection (g)— with the requirements of section 174(b)’’. (H) in paragraph (7) (as so redesignated), by (i) in paragraph (2)— (15) Section 5304(i) of title 49, United States inserting ‘‘on the Interstate System’’ before (I) by striking subparagraph (A); and Code, is amended— the period at the end; and (II) by redesignating subparagraphs (B) and (A) by striking ‘‘sections 134 and 135’’ each (I) in paragraph (8) (as so redesignated), by (C) as subparagraphs (A) and (B), respec- place it appears and inserting ‘‘section 135’’; striking ‘‘and chapter 53 of title 49’’; tively; and (2) by striking subsection (c) and inserting (ii) in paragraph (3), by striking ‘‘,,’’ and (B) by striking ‘‘this this’’ and inserting the following: inserting a comma; ‘‘this’’. ‘‘(c) LOCATION OF PROJECTS.—A project (iii) in paragraph (6)(B), by striking ‘‘5310, SEC. 216. CONTROL OF JUNKYARDS. under this section may only be carried out 5311, 5316, and 5317’’ and inserting ‘‘5310 and Section 136 of title 23, United States Code, on a road on the Interstate System.’’; 5311’’; and is amended— (3) in subsection (d)— (iv) in paragraph (8), by striking ‘‘and sec- (1) in subsection (a), by striking ‘‘and the (A) in paragraph (1)— tion 134’’; primary system’’; (i) in the matter preceding subparagraph (E) in subsection (i), by striking ‘‘appor- (2) in subsection (b), in the first sentence— (A), by striking ‘‘(after the reservation of tioned under paragraphs (5)(D) and (6) of sec- (A) by striking ‘‘and the primary system’’; funds under subsection (h))’’; and tion 104(b) of this title and’’; and (ii) in subparagraph (A), in the matter pre- (F) in subsection (j), by striking ‘‘and sec- (B) by striking ‘‘paragraphs (1) through (6) ceding clause (i), by striking ‘‘paragraph (6)’’ tion 134’’ each place it appears; and of section 104(b)’’ and inserting ‘‘paragraphs and inserting ‘‘paragraph (5)’’; (G) by adding at the end the following: (1) through (4) of section 104(b)’’;

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00117 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.070 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5646 CONGRESSIONAL RECORD — SENATE August 2, 2021 (3) in subsection (g), by striking ‘‘and the (B) in paragraph (3), by striking ‘‘bridges serting ‘‘all roads on the Interstate System, primary system’’; on and off Federal-aid highways’’ and insert- including non-State owned roads on the (4) in subsection (k), by striking ‘‘inter- ing ‘‘bridges on the Interstate System’’; Interstate System and roads on the Inter- state and primary systems’’ and inserting (7) in subsection (h)— state System on tribal land’’; ‘‘Interstate System’’; and (A) in paragraph (1)(A), by striking ‘‘high- (3) in subsection (c)(2)— (5) by striking subsection (n). way bridges and tunnels’’ and inserting (A) in subparagraph (A)(i), by striking ‘‘all SEC. 217. ENFORCEMENT OF REQUIREMENTS. ‘‘bridges and tunnels on the Interstate Sys- public roads, including non-State-owned pub- Section 141 of title 23, United States Code, tem’’; lic roads and roads on tribal land in the is amended— (B) in paragraph (2), by striking ‘‘highway’’ State’’ and inserting ‘‘all roads on the Inter- (1) in subsection (a), in the first sentence, each place it appears and inserting ‘‘Inter- state System, including non-State owned by striking ‘‘the Federal-aid primary sys- state System’’; and roads on the Interstate System and roads on tem, the Federal-aid urban system, and the (C) in paragraph (3)(B)(i), by striking the Interstate System on tribal land in the Federal-aid secondary system, including the ‘‘highway bridges’’ and inserting ‘‘Interstate State’’; Interstate System’’ and inserting ‘‘the Inter- System bridges’’; (B) in subparagraph (B)(iii), by striking state System’’; and (8) in subsection (i)(1), by striking ‘‘high- ‘‘all public roads’’ and inserting ‘‘all roads (2) in subsection (b)(2), by striking ‘‘para- way bridge’’ and inserting ‘‘Interstate Sys- on the Interstate System’’; graphs (1) through (6) of section 104(b)’’ and tem bridge’’; and (C) in subparagraph (C)(i), by striking ‘‘all inserting ‘‘paragraphs (1) through (4) of sec- (9) in subsection (j)— public roads’’ and inserting ‘‘all roads on the tion 104(b)’’. (A) in paragraph (3)(B), by striking ‘‘a Interstate System’’; and SEC. 218. PUBLIC TRANSPORTATION. transportation improvement program under (D) in subparagraph (D)— (a) IN GENERAL.—Section 142 of title 23, section 134(j) or a statewide transportation (i) in clause (ii), by striking ‘‘all public United States Code, is amended— improvement program under section 135, as roads, including public non-State-owned (1) in subsection (a)— applicable’’ and inserting ‘‘a statewide trans- roads and roads on tribal land’’ and inserting (A) by striking paragraph (2); portation improvement program under sec- ‘‘all roads on the Interstate System, includ- (B) in the second sentence, by striking ‘‘If tion 135’’; and ing non-State owned roads on the Interstate fees’’ and inserting the following: (B) in paragraph (4)(A), by striking ‘‘sec- System and roads on the Interstate System ‘‘(2) RATE.—If fees’’; and tions 134 and 135’’ and inserting ‘‘section on tribal land’’; (C) by striking ‘‘(a)(1) To encourage’’ and 135’’. (ii) in clause (iii), by striking ‘‘all public inserting the following: SEC. 221. CARPOOL AND VANPOOL PROJECTS. roads’’ and inserting ‘‘all roads on the Inter- ‘‘(a) CONSTRUCTION OF FACILITIES.— (a) IN GENERAL.—Section 146 of title 23, state System’’; and ‘‘(1) IN GENERAL.—To encourage’’; United States Code, is repealed. (iii) in clause (v), by striking ‘‘all public (2) by striking subsections (d), (g), (h), and (b) CLERICAL AMENDMENT.—The analysis roads in the State’’ and inserting ‘‘all roads (i); for chapter 1 of title 23, United States Code, on the Interstate System in the State’’; (3) by redesignating subsections (e) and (f) is amended by striking the item relating to (4) in subsection (d)(1)(B)— as subsections (d) and (e), respectively; and section 146. (A) in clause (iv), by striking ‘‘rural roads, (4) in subsection (d) (as so redesignated)— SEC. 222. CONSTRUCTION OF FERRY BOATS AND including all public roads,’’ and inserting (A) by striking ‘‘of this section’’ each place FERRY TERMINAL FACILITIES. ‘‘roads on the Interstate System in rural it appears; (a) IN GENERAL.—Section 147 of title 23, areas’’; and (B) by striking paragraph (2); and United States Code, is repealed. (B) in clause (viii), by striking ‘‘all public (C) by redesignating paragraph (3) as para- (b) CLERICAL AMENDMENT.—The analysis roads, including non-State-owned public graph (2). for chapter 1 of title 23, United States Code, roads and roads on tribal land’’ and inserting (b) CONFORMING AMENDMENT.—Section is amended by striking the item relating to ‘‘all roads on the Interstate System, includ- 156(a) of title 23, United States Code, is section 147. ing non-State owned roads on the Interstate amended by striking ‘‘section 142(f)’’ and in- SEC. 223. HIGHWAY SAFETY IMPROVEMENT PRO- System and roads on the Interstate System serting ‘‘section 142(e)’’. GRAM. on tribal land’’; SEC. 219. HIGHWAY USE TAX EVASION PROJECTS. Section 148 of title 23, United States Code, (5) in subsection (e)(1)— Section 143(b)(2)(A) of title 23, United is amended— (A) in subparagraph (A), by striking ‘‘on States Code, is amended by striking ‘‘each of (1) in subsection (a)— any public road or publicly owned bicycle or fiscal years 2016 through 2020’’ and inserting (A) in paragraph (1), by striking ‘‘roadway pedestrian pathway or trail’’ and inserting ‘‘each of fiscal years 2022 through 2026’’. functionally classified as a rural major or ‘‘on any road on the Interstate System’’; and SEC. 220. NATIONAL BRIDGE AND TUNNEL INVEN- minor collector or a rural local road’’ and in- (B) in subparagraph (C), by striking ‘‘a TORY AND INSPECTION STANDARDS. serting ‘‘road on the Interstate System’’; public road’’ and inserting ‘‘a road on the Section 144 of title 23, United States Code, (B) in paragraph (2), by striking ‘‘all public Interstate System’’; is amended— roads’’ and inserting ‘‘all roads on the Inter- (6) in subsection (f)(1)(B), by striking ‘‘all (1) in subsection (a)(2)— state System’’; public roads’’ each place it appears and in- (A) in subparagraph (A), by striking ‘‘high- (C) in paragraph (4)— serting ‘‘all roads on the Interstate System’’; way bridges and tunnels of the United (i) in subparagraph (A), in the matter pre- (7) in subsection (h)(1)(C), by striking ‘‘all States’’ and inserting ‘‘bridges on the Inter- ceding clause (i), by striking ‘‘on a public public roads’’ each place it appears and in- state System’’; road’’ and inserting ‘‘on the Interstate Sys- serting ‘‘all roads on the Interstate System’’; (B) in subparagraph (B), by striking ‘‘high- tem’’; and (8) in subsection (i)(2)(D), by striking way bridges and tunnels’’ and inserting (ii) in subparagraph (B)— ‘‘safety safety’’ and inserting ‘‘safety’’; ‘‘bridges on the Interstate System’’; and (I) in clause (iii), by striking ‘‘, if the rum- (9) in subsection (j), by striking ‘‘sections (C) in subparagraph (E), by striking ‘‘Na- ble strips or other warning devices do not ad- 120 and 130’’ and inserting ‘‘section 120’’; and tional Highway System bridges and bridges versely affect the safety or mobility of (10) by striking subsection (k). on all public roads’’ and inserting ‘‘bridges bicyclists and pedestrians, including persons SEC. 224. REPEAL OF CONGESTION MITIGATION on the Interstate System’’; with disabilities’’; AND AIR QUALITY IMPROVEMENT (2) in subsection (b)— (II) by striking clauses (v), (xviii), (xix), PROGRAM. (A) in paragraph (1), by striking ‘‘all high- (xxiii), (xxvi), (xxvii), and (xxviii); (a) IN GENERAL.—Section 149 of title 23, way bridges on public roads, on and off Fed- (III) by redesignating clauses (vi) through United States Code, is repealed. eral-aid highways,’’ and inserting ‘‘all (xvii), (xx) through (xxii), (xxiv), and (xxv) as (b) CONFORMING AMENDMENTS.— bridges on the Interstate System,’’; and clauses (v) through (xxi), respectively; and (1) The analysis for chapter 1 of title 23, (B) in paragraph (2), by striking ‘‘all tun- (IV) in clause (xix) (as so redesignated), by United States Code, is amended by striking nels on public roads, on and off Federal-aid inserting ‘‘on the Interstate System’’ after the item relating to section 149. highways,’’ and inserting ‘‘all tunnels on the ‘‘improvements’’; (2) Section 322(h)(3) of title 23, United Interstate System,’’; (D) in paragraph (9)(A), by striking ‘‘a pub- States Code, is amended by striking ‘‘and the (3) in subsection (d)— lic road’’ and inserting ‘‘the Interstate Sys- congestion mitigation and air quality im- (A) by striking paragraphs (2) and (4); and tem’’; and provement program under section 149’’. (B) by redesignating paragraph (3) as para- (E) in paragraph (11)(D), by striking ‘‘all (3) Section 505(a)(3) of title 23, United graph (2); public roads, including non-State-owned pub- States Code, is amended by striking ‘‘149,’’. (4) in subsection (e)(1), by inserting ‘‘on the lic roads and roads on tribal land’’ and in- SEC. 225. NATIONAL GOALS AND PERFORMANCE Interstate System’’ after ‘‘any bridge’’; serting ‘‘all roads on the Interstate System, MEASURES. (5) in subsection (f)(1), in the matter pre- including non-State owned roads on the Section 150 of title 23, United States Code, ceding subparagraph (A), by inserting ‘‘on Interstate System and roads on the Inter- is amended— the Interstate System’’ after ‘‘any bridge’’; state System on tribal land’’; (1) in subsection (b)— (6) in subsection (g)— (2) in subsection (b)(2), by striking ‘‘all (A) in paragraph (1), by striking ‘‘all public (A) in paragraph (1), by inserting ‘‘on the public roads, including non-State-owned pub- roads’’ and inserting ‘‘all roads on the Inter- Interstate System’’ after ‘‘any bridge’’; and lic roads and roads on tribal land’’ and in- state System’’; and

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00118 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.070 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5647 (B) in paragraph (3), by striking ‘‘National (D) in paragraph (7), by striking ‘‘sections TITLE III—HIGHWAY TRUST FUND AND Highway System’’ and inserting ‘‘Interstate 134 and 135’’ and inserting ‘‘section 135’’; RELATED TAXES System’’; (5) in subsection (k)(1)(A)(ii), by striking Subtitle A—Highway Trust Fund Authority (2) in subsection (c)— ‘‘ports-of’’ and inserting ‘‘ports of’’; and SEC. 301. EXTENSION OF HIGHWAY TRUST FUND (A) in paragraph (3)(A)(ii), by striking sub- (6) by striking subsection (l). EXPENDITURE AUTHORITY. clauses (II) through (V) and inserting the fol- SEC. 230. RECREATIONAL TRAILS PROGRAM. (a) HIGHWAY TRUST FUND.—Section 9503 of lowing: the Internal Revenue Code of 1986 is amend- (a) IN GENERAL.—Section 206 of title 23, ‘‘(II) the condition of bridges on the Inter- ed— United States Code, is repealed. state System; and (1) by striking ‘‘October 1, 2021’’ in sub- ‘‘(III) the performance of the Interstate (b) CONFORMING AMENDMENTS.— sections (b)(6)(B), (c)(1), and (e)(3) and insert- System;’’; (1) Section 325 of title 23, United States ing ‘‘October 1, 2026’’, and (B) by striking paragraph (5); and Code, is amended— (2) by striking ‘‘Continuing Appropriations (C) by redesignating paragraph (6) as para- (A) by striking subsection (d); and Act, 2021 and Other Extensions Act’’ in sub- graph (5); (B) by redesignating subsection (e) as sub- sections (c)(1) and (e)(3) and inserting (3) in subsection (d)(1), by striking ‘‘(5), section (d). ‘‘Transportation Empowerment Act’’. and (6)’’ and inserting ‘‘and (5)’’; and (2) The analysis for chapter 2 of title 23, (b) SPORT FISH RESTORATION AND BOATING (4) in subsection (e), by striking ‘‘National United States Code, is amended by striking TRUST FUND.—Section 9504 of such Code is Highway System’’ each place it appears and the item relating to section 206. amended— inserting ‘‘Interstate System’’. SEC. 231. BICYCLE TRANSPORTATION AND PE- (1) by striking ‘‘Continuing Appropriations SEC. 226. NATIONAL ELECTRIC VEHICLE CHARG- DESTRIAN WALKWAYS. Act, 2021 and Other Extensions Act’’ each ING AND HYDROGEN, PROPANE, AND place it appears in subsection (b)(2) and in- NATURAL GAS FUELING CORRIDORS. (a) IN GENERAL.—Section 217 of title 23, United States Code, is repealed. serting ‘‘Transportation Empowerment Section 151(a) of title 23, United States Act’’, and (b) CONFORMING AMENDMENTS.— Code, is amended by striking ‘‘major na- (2) by striking ‘‘October 1, 2021’’ in sub- (1) Section 1524(a) of MAP–21 (23 U.S.C. 206 tional highways’’ and inserting ‘‘the Inter- section (d)(2) and inserting ‘‘October 1, 2026’’. note; Public Law 112–141) is amended by state System’’. (c) LEAKING UNDERGROUND STORAGE TANK striking ‘‘sections 162, 206, 213, and 217’’ and SEC. 227. HAZARD ELIMINATION PROGRAM. TRUST FUND.—Section 9508(e)(2) of such Code (a) IN GENERAL.—Section 152 of title 23, inserting ‘‘section 162’’. is amended by striking ‘‘October 1, 2021’’ and United States Code, is repealed. (2) The analysis for chapter 2 of title 23, inserting ‘‘October 1, 2026’’. (b) CLERICAL AMENDMENT.—The analysis United States Code, is amended by striking SEC. 302. TERMINATION OF MASS TRANSIT AC- for chapter 1 of title 23, United States Code, the item relating to section 217. COUNT. is amended by striking the item relating to SEC. 232. ALASKA HIGHWAY. Section 9503(e) of the Internal Revenue section 152. Code of 1986 is amended— SEC. 228. NATIONAL SCENIC BYWAYS PROGRAM. (a) IN GENERAL.—Section 218 of title 23, United States Code, is repealed. (1) in the first sentence of paragraph (2), by Section 162(a)(2) of title 23, United States inserting ‘‘, and before October 1, 2021’’ after Code, is amended by inserting ‘‘, subject to (b) CLERICAL AMENDMENT.—The analysis ‘‘March 31, 1983’’, and the condition that the road is a road on the for chapter 2 of title 23, United States Code, (2) by adding at the end the following: is amended by striking the item relating to Interstate System’’ before the period at the ‘‘(6) TRANSFER TO HIGHWAY ACCOUNT.—On end. section 218. the date on which Director of the Office of SEC. 229. NATIONAL HIGHWAY FREIGHT PRO- SEC. 233. CONFORMING AMENDMENTS. Management and Budget submits the certifi- GRAM. cation under section 105(c) of the Transpor- Section 167 of title 23, United States Code, (a) CONTROL OF OUTDOOR ADVERTISING.— tation Empowerment Act, the Secretary is amended— Section 131(t) of title 23, United States Code, shall transfer all amounts in the Mass Tran- (1) in subsection (d)(2)— is amended by striking ‘‘, and any highway sit Account to the Highway Account.’’. (A) in subparagraph (A), by striking ‘‘sub- which is not on such system but which is on paragraph (E)’’ and inserting ‘‘subparagraphs the National Highway System’’. SEC. 303. TRANSFER OF UNUSED COVID–19 AP- PROPRIATIONS TO THE HIGHWAY (b) ELIMINATION OF MASS TRANSIT AC- (E) and (F)’’; and TRUST FUND. COUNT.— (B) by adding at the end the following: (a) ECONOMIC INJURY DISASTER LOAN SUB- (1) Section 102(b) of title 23, United States ‘‘(F) REQUIREMENT.—In redesignating the SIDY.— Code, is amended in the first sentence by primary highway freight system under sub- (1) TRANSFER.—Of the unobligated balances paragraph (A), the Administrator shall en- striking ‘‘(other than the Mass Transit Ac- from amounts made available under the sure that all roads on the primary highway count)’’. heading ‘‘Small Business Administration— freight system are roads on the Interstate (2) Section 118(a) of title 23, United States Disaster Loans Program Account’’ in title II System.’’; Code, is amended by striking ‘‘(other than of division B of the Paycheck Protection (2) in subsection (e)(1), in the matter pre- the Mass Transit Account)’’. Program and Health Care Enhancement Act ceding subparagraph (A)— (3) Section 156(a) of title 23, United States (Public Law 116–139), $13,500,000,000 are here- (A) by striking ‘‘a public road’’ and insert- Code, is amended by striking ‘‘(other than by transferred to the Highway Trust Fund. the Mass Transit Account)’’. ing ‘‘a road on the Interstate System’’; and (2) DESIGNATION.—The amount transferred (B) by striking ‘‘the public road’’ and in- (4) Section 321 of title 23, United States pursuant to paragraph (1) that was pre- serting ‘‘the road’’; Code, is amended by striking ‘‘(other than viously designated by the Congress as an (3) in subsection (f), by striking ‘‘public the Mass Transit Account)’’. emergency requirement pursuant to section road’’ each place it appears and inserting (5) Section 323(b)(1) of title 23, United 251(b)(2)(A)(i) of the Balanced Budget and ‘‘road on the Interstate System’’; States Code, is amended in the matter pre- Emergency Deficit Control Act of 1985 is des- (4) in subsection (i)— ceding subparagraph (A) by striking ‘‘(other ignated by the Congress as an emergency re- (A) by striking ‘‘section 104(b)(5)’’ each than the Mass Transit Account)’’. quirement pursuant to section 4112(a) of H. place it appears and inserting ‘‘section (6) Section 521(b)(10) of title 49, United Con. Res. 71 (115th Congress), the concurrent 104(b)(4)’’; States Code, is amended by striking ‘‘(other resolution on the budget for fiscal year 2018, (B) in paragraph (5)— than the Mass Transit Account)’’. and to section 251(b) of the Balanced Budget (i) by striking subparagraph (B); (7) Section 6308 of title 49, United States and Emergency Deficit Control Act of 1985. (ii) by redesignating subparagraph (C) as Code, is amended by striking ‘‘(other than (b) TARGETED EIDL ADVANCE.— subparagraph (B); and the Mass Transit Account)’’. (1) Of the unobligated balances from (iii) in subparagraph (C) (as so redesig- (8) Section 31104(g) of title 49, United amounts made available under the heading nated)— States Code, is amended by striking ‘‘(other ‘‘Small Business Administration—Targeted (I) by striking clauses (vi), (xi), (xiv), than the Mass Transit Account)’’. EIDL Advance’’ in section 323(d)(1)(D) of di- (xviii), (xxii), and (xxiii); and (9) Section 31110(d) of title 49, United vision N of the Consolidated Appropriations (II) by redesignating clauses (vii) through States Code, is amended by striking ‘‘(other Act, 2021 (Public Law 116–260), $17,578,000,000 (x), (xii) and (xiii), (xv) through (xvii), and than the Mass Transit Account)’’. are hereby transferred to the Highway Trust (xix) through (xxi) as clauses (vi) through (10) Section 31138(d)(5) of title 49, United Fund. (xvii), respectively; States Code, is amended by striking ‘‘(other (2) The unobligated balances from amounts (C) in paragraph (6)— than the Mass Transit Account)’’. made available in section 5002(b) of the (i) in the matter preceding subparagraph (11) Section 31139(g)(5) of title 49, United American Rescue Plan Act of 2021 (Public (A), by striking ‘‘for’’ and all that follows States Code, is amended by striking ‘‘(other Law 117–2) are hereby transferred to the through ‘‘the necessary costs’’ in subpara- than the Mass Transit Account)’’. Highway Trust Fund. graph (B) in the matter preceding clause (i) (c) NATIONAL HIGHWAY SYSTEM REPEAL.— (c) ECONOMIC STABILIZATION PROGRAM.—Of and inserting ‘‘for the necessary costs’’; and Section 111(d)(1) of title 23, United States the unobligated balances from amounts (ii) by redesignating clauses (i) through Code, is amended in the first sentence by made available in section 4027(a) of the (iii) as subparagraphs (A) through (C), re- striking ‘‘the National Highway System’’ Coronavirus Aid, Relief, and Economic Secu- spectively, and indenting appropriately; and and inserting ‘‘the Interstate System’’. rity Act (15 U.S.C. 9601), $1,366,100,000 are

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00119 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.070 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5648 CONGRESSIONAL RECORD — SENATE August 2, 2021 hereby transferred to the Highway Trust Con. Res. 71 (115th Congress), the concurrent ‘‘(A) shall be adjusted by the Secretary on Fund. resolution on the budget for fiscal year 2018, a pro rata basis to the extent necessary to (d) BUSINESS LOANS PROGRAM ACCOUNT.— and to section 251(b) of the Balanced Budget carry out the transfer of funds required (1) Of the unobligated balances from and Emergency Deficit Control Act of 1985. under section 305(a) of the Transportation amounts made available under the heading (h) PANDEMIC RELIEF FOR AVIATION WORK- Empowerment Act; and ‘‘Small Business Administration—Business ERS.—Of the unobligated balances from ‘‘(B) may be adjusted by the Secretary on Loans Program Account, CARES Act’’ in amounts made available in section 411 of a pro rata basis to the extent necessary to section 1107(a)(1) of the Coronavirus Aid, Re- subtitle A of title IV of division N of the ensure that all available funds are allocated lief, and Economic Security Act (Public Law Consolidated Appropriations Act, 2021 (15 to States, territories, and Tribal govern- 116–136), as amended by section 101(a)(2) of di- U.S.C. 9101), $200,000,000 are hereby trans- ments in accordance with the requirements vision A of the Paycheck Protection Pro- ferred to the Highway Trust Fund. specified in each such paragraph (as applica- gram and Health Care Enhancement Act (i) CONFORMING AMENDMENT.—Section ble).’’. (Public Law 116–139), and in section 9503(f) of the Internal Revenue Code of 1986 is (2) CORONAVIRUS LOCAL FISCAL RECOVERY 323(d)(1)(A) of division N of the Consolidated amended by redesignating paragraph (11) as FUND.—Section 603(b)(5) of the Social Secu- Appropriations Act, 2021 (Public Law 116–260) paragraph (12) and by inserting after para- rity Act (42 U.S.C. 803(b)(5) is amended to for carrying out paragraphs (36) and (37) of graph (10) the following new paragraph: read as follows: section 7(a) of the Small Business Act (15 ‘‘(11) TRANSFER OF UNUSED COVID–19 APPRO- ‘‘(5) ADJUSTMENT AUTHORITY.—The U.S.C. 636(a)), $4,684,000,000 are hereby trans- PRIATIONS.—There is hereby transferred to amounts otherwise determined for allocation ferred to the Highway Trust Fund. the Highway Trust Fund the amounts de- and payment under paragraphs (1), (2), and (2) Of the unobligated balances from scribed in subsections (a) through (h) of sec- (3)— amounts made available under the heading tion 303 of the Transportation Empowerment ‘‘(A) shall be adjusted by the Secretary on ‘‘Small Business Administration—Business Act.’’. a pro rata basis to the extent necessary to Loans Program Account’’ in section SEC. 304. TERMINATION OF EMPLOYEE RETEN- carry out the transfer of funds required 323(d)(1)(F) of division N of the Consolidated TION CREDIT FOR EMPLOYERS SUB- under section 305(a) of the Transportation Appropriations Act, 2021 (Public Law 116– JECT TO CLOSURE DUE TO COVID– Empowerment Act; and 260), $992,000,000 are hereby transferred to the 19. ‘‘(B) may be adjusted by the Secretary on Highway Trust Fund. (a) TERMINATION OF CREDIT.— a pro rata basis to the extent necessary to (e) PANDEMIC RELIEF FOR AVIATION WORK- (1) IN GENERAL.—Section 3134 of the Inter- ensure that all available funds are distrib- ERS, CORONAVIRUS AID, RELIEF, AND ECONOMIC nal Revenue Code of 1986 is amended— uted to metropolitan cities, counties, and SECURITY ACT (CARES ACT).—Of the unobli- (A) in subsection (c)(5)— States in accordance with the requirements gated balances from amounts made available (i) in subparagraph (A), by adding ‘‘and’’ at specified in each paragraph (as applicable) in section 4120 of the Coronavirus Aid, Relief, the end, and the certification requirement specified and Economic Security Act (15 U.S.C. 9080), (ii) in subparagraph (B), by striking ‘‘, in subsection (d).’’. $3,000,000,000 are hereby transferred to the and’’ at the end and inserting a period, and (c) CONFORMING AMENDMENT.—Section Highway Trust Fund. (iii) by striking subparagraph (C), and 9503(f) of the Internal Revenue Code of 1986, (f) EDUCATION STABILIZATION FUND.— (B) in subsection (n), by striking ‘‘January as amended by section 304(b), is further (1) TRANSFER.—Of the unobligated balances 1, 2022’’ and inserting ‘‘October 1, 2021 (or, in amended by redesignating paragraph (13) as from amounts made available under the the case of wages paid by an eligible em- paragraph (14) and by inserting after para- heading ‘‘Education Stabilization Fund’’ in ployer which is a recovery startup business, graph (12) the following new paragraph: title VIII of division B of the Coronavirus January 1, 2022)’’. ‘‘(13) TRANSFER OF UNUSED COVID–19 APPRO- Aid, Relief, and Economic Security Act (2) EFFECTIVE DATE.—The amendments PRIATIONS.—There is hereby transferred to (Public Law 116–136) and in title III of divi- made by this subsection shall apply to cal- the Highway Trust Fund the amounts de- sion M of the Consolidated Appropriations endar quarters beginning after September 30, scribed in section 305(a) of the Transpor- Act, 2021 (Public Law 116–260) that were re- 2021. tation Empowerment Act.’’. served for the Higher Education Emergency (b) TRANSFERS OF SAVINGS TO THE HIGHWAY Subtitle B—Highway Related Taxes Relief Fund by sections 18004(a)(1) and TRUST FUND.—Section 9503(f) of the Internal SEC. 311. REDUCTION IN TAXES ON GASOLINE, 18004(a)(2) of division B of the Coronavirus Revenue Code of 1986, as amended by section DIESEL FUEL, KEROSENE, AND SPE- Aid, Relief, and Economic Security Act 303(i), is further amended by redesignating CIAL FUELS FUNDING HIGHWAY (Public Law 116–136) and sections 314(a)(1), paragraph (12) as paragraph (13) and by in- TRUST FUND. 314(a)(2), and 314(a)(4) of division M of the serting after paragraph (11) the following (a) REDUCTION IN TAX RATE.— Consolidated Appropriations Act, 2021 (Pub- new paragraph: (1) IN GENERAL.—Section 4081(a)(2)(A) of lic Law 116–260), $353,400,000 are hereby trans- ‘‘(12) SAVINGS FROM TERMINATION OF EM- the Internal Revenue Code of 1986 is amend- ferred to the Highway Trust Fund. PLOYEE RETENTION CREDIT FOR EMPLOYERS ed— (2) DESIGNATION.—The amount transferred SUBJECT TO CLOSURE DUE TO COVID–19.—There (A) in clause (i), by striking ‘‘18.3 cents’’ pursuant to paragraph (1) that was pre- are hereby appropriated to the Highway and inserting ‘‘7 cents’’, and viously designated by the Congress as an Trust Fund amounts equivalent to savings (B) in clause (iii), by striking ‘‘24.3 cents’’ emergency requirement pursuant to section achieved as a result of the amendments made and inserting ‘‘8.3 cents’’. 251(b)(2)(A)(i) of the Balanced Budget and by section 304 of the Transportation Em- (2) CONFORMING AMENDMENTS.— Emergency Deficit Control Act of 1985 is des- powerment Act, as estimated by the Sec- (A) Section 4081(a)(2)(D) of such Code is ignated by the Congress as an emergency re- retary.’’. amended— quirement pursuant to section 4112(a) of H. SEC. 305. TRANSFER OF UNUSED CORONAVIRUS (i) by striking ‘‘19.7 cents’’ and inserting Con. Res. 71 (115th Congress), the concurrent STATE AND LOCAL FISCAL RECOV- ‘‘6.7 cents’’, and resolution on the budget for fiscal year 2018, ERY FUNDS TO THE HIGHWAY TRUST (ii) by striking ‘‘24.3 cents’’ and inserting and to section 251(b) of the Balanced Budget FUND. ‘‘8.3 cents’’. and Emergency Deficit Control Act of 1985. (a) TRANSFER OF FUNDS.— (B) Section 6427(b)(2)(A) of such Code is (g) SMALL BUSINESS ADMINISTRATION, SALA- (1) IN GENERAL.—Of the unobligated bal- amended by striking ‘‘7.4 cents’’ and insert- RIES AND EXPENSES.— ances of the amounts appropriated under sec- ing ‘‘2.5 cents’’. (1) TRANSFER.—Of the unobligated balances tions 602(a) and 603(a) of the Social Security (b) ADDITIONAL CONFORMING AMEND- from amounts made available under the Act (42 U.S.C. 802(a), 803(a)) as of the date of MENTS.— heading ‘‘Small Business Administration— enactment of this Act, $70,000,000,000 are (1) Section 4041(a)(1)(C)(iii)(I) of the Inter- Salaries and Expenses’’ in section 1107(a)(2) hereby transferred to the Highway Trust nal Revenue Code of 1986 is amended by of the Coronavirus Aid, Relief, and Economic Fund. striking ‘‘7.3 cents per gallon (4.3 cents per Security Act (Public Law 116–136), in title II (2) APPORTIONMENT.—In carrying out para- gallon after’’ and inserting ‘‘1.5 cents per of division B of the Paycheck Protection graph (1), the Secretary of the Treasury shall gallon (zero cents per gallon after’’. Program and Health Care Enhancement Act transfer the funds specified in such para- (2) Section 4041(a)(2)(B)(ii) of such Code is (Public Law 116–139), and in section graph from the unobligated balances of the amended by striking ‘‘18.3 cents’’ and insert- 323(d)(1)(C) of division N of the Consolidated amounts appropriated under sections ing ‘‘7 cents’’. Appropriations Act, 2021 (Public Law 116– 602(a)(1) and 603(a) of such Act in equal pro- (3) Clauses (iii) and (iv) of section 260), $175,000,000 are hereby transferred to the portion to the greatest extent practicable. 4041(a)(2)(B) of such Code are each amended Highway Trust Fund. (b) CONFORMING AMENDMENTS.— by striking ‘‘24.3 cents’’ and inserting ‘‘8.3 (2) DESIGNATION.—The amount transferred (1) CORONAVIRUS STATE FISCAL RECOVERY cents’’. pursuant to paragraph (1) that was pre- FUND.—Section 602(b)(4) of the Social Secu- (4) Section 4041(a)(3)(A) of such Code is viously designated by the Congress as an rity Act (42 U.S.C. 802(b)(4)) is amended to amended by striking ‘‘18.3 cents’’ and insert- emergency requirement pursuant to section read as follows: ing ‘‘7 cents’’. 251(b)(2)(A)(i) of the Balanced Budget and ‘‘(4) ADJUSTMENT AUTHORITY.—The (5) Section 4041(m)(1) of such Code is Emergency Deficit Control Act of 1985 is des- amounts otherwise determined for allocation amended— ignated by the Congress as an emergency re- and payment under paragraphs (1), (2), and (A) in subparagraph (A)(i), by striking quirement pursuant to section 4112(a) of H. (3)— ‘‘9.15 cents’’ and inserting ‘‘3.1 cents’’,

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(B) in subparagraph (A)(ii), by striking (A) Section 4041(m)(1)(A). (b) TABLE OF CONTENTS.—The table of con- ‘‘11.3 cents’’ and inserting ‘‘3.9 cents’’, and (B) Section 4051(c). tents for this Act is as follows: (C) in subparagraph (B), by striking all (C) Section 4071(d). Sec. 1. Short title; table of contents. after ‘‘2022’’ and inserting ‘‘, zero cents per (D) Section 4081(d)(3). Sec. 2. Findings and purposes. gallon.’’. (b) EXTENSION OF TAX, ETC., ON USE OF CER- TITLE I—HIGHWAY FUNDING (6) Section 4081(d)(1) of such Code is amend- TAIN HEAVY VEHICLES.—Each of the following ed by striking ‘‘4.3 cents per gallon’’ and in- provisions of the Internal Revenue Code of Sec. 101. Authorization of appropriations. serting ‘‘zero cents per gallon’’. 1986 is amended by striking ‘‘2023’’ each place Sec. 102. Federalization and defederalization (c) FLOOR STOCK REFUNDS.— it appears and inserting ‘‘2028’’: of projects. (1) IN GENERAL.—If— (1) Section 4481(f). Sec. 103. Reporting requirements. (A) before the applicable date, tax has been (2) Subsections (c)(4) and (d) of section 4482. Sec. 104. Funding limitation. imposed under section 4081 of the Internal (c) FLOOR STOCKS REFUNDS.—Section Sec. 105. Reports; certification. Revenue Code of 1986 on any liquid, and 6412(a)(1) of the Internal Revenue Code of TITLE II—FEDERAL-AID HIGHWAY (B) on such date such liquid is held by a 1986 is amended— PROGRAM REFORMS dealer and has not been used and is intended (1) by striking ‘‘October 1, 2022’’ each place Sec. 201. Definitions. for sale; it appears and inserting ‘‘October 1, 2027’’, Sec. 202. Federal-aid system. there shall be credited or refunded (without (2) by striking ‘‘March 31, 2023’’ each place Sec. 203. Apportionment. interest) to the person who paid such tax (in it appears and inserting ‘‘March 31, 2027’’, Sec. 204. Additional deposits in Highway this subsection referred to as the ‘‘tax- and Trust Fund. payer’’) an amount equal to the excess of the (3) by striking ‘‘January 1, 2023’’ and in- Sec. 205. Project approval and oversight. tax paid by the taxpayer over the amount of serting ‘‘January 1, 2028’’. Sec. 206. Standards. such tax which would be imposed on such liq- (d) EXTENSION OF CERTAIN EXEMPTIONS.— Sec. 207. Nationally significant freight and uid had the taxable event occurred on such (1) Section 4221(a) of the Internal Revenue highway projects. date. Code of 1986 is amended by striking ‘‘October Sec. 208. National highway performance pro- (2) TIME FOR FILING CLAIMS.—No credit or 1, 2022’’ and inserting ‘‘October 1, 2027’’. gram. refund shall be allowed or made under this (2) Section 4483(i) of such Code is amended Sec. 209. Federal share payable. subsection unless— by striking ‘‘October 1, 2023’’ and inserting Sec. 210. Emergency relief. (A) claim therefor is filed with the Sec- ‘‘October 1, 2028’’. Sec. 211. Transferability of Federal-aid high- retary of the Treasury before the date that is (e) EXTENSION OF TRANSFERS OF CERTAIN way funds. 6 months after the applicable date, and TAXES.— Sec. 212. Toll roads, bridges, tunnels, and (B) in any case where liquid is held by a (1) IN GENERAL.—Section 9503 of the Inter- ferries. dealer (other than the taxpayer) on the ap- nal Revenue Code of 1986 is amended— Sec. 213. Railway-highway crossings. plicable date— (A) in subsection (b)— Sec. 214. Surface transportation block grant (i) the dealer submits a request for refund (i) by striking ‘‘October 1, 2022’’ each place program. or credit to the taxpayer before the date that it appears in paragraphs (1) and (2) and in- Sec. 215. Metropolitan transportation plan- is 3 months after the applicable date, and serting ‘‘October 1, 2027’’, ning. (ii) the taxpayer has repaid or agreed to (ii) by striking ‘‘OCTOBER 1, 2022’’ in the Sec. 216. Control of junkyards. repay the amount so claimed to such dealer heading of paragraph (2) and inserting ‘‘OC- Sec. 217. Enforcement of requirements. or has obtained the written consent of such TOBER 1, 2027’’, Sec. 218. Public transportation. dealer to the allowance of the credit or the (iii) by striking ‘‘September 30, 2022’’ in Sec. 219. Highway use tax evasion projects. making of the refund. paragraph (2) and inserting ‘‘September 30, Sec. 220. National bridge and tunnel inven- (3) EXCEPTION FOR FUEL HELD IN RETAIL 2027’’, and tory and inspection standards. STOCKS.—No credit or refund shall be allowed (iv) by striking ‘‘July 1, 2023’’ in paragraph Sec. 221. Carpool and vanpool projects. under this subsection with respect to any (2) and inserting ‘‘July 1, 2027’’, and Sec. 222. Construction of ferry boats and liquid in retail stocks held at the place (B) in subsection (c)(2), by striking ‘‘July 1, ferry terminal facilities. where intended to be sold at retail. 2023’’ and inserting ‘‘July 1, 2028’’. Sec. 223. Highway safety improvement pro- (4) DEFINITIONS.—For purposes of this sub- (2) SMALL-ENGINE FUEL TAX TRANSFERS.— gram. section— Paragraph (4)(A) of section 9503(c) of such Sec. 224. Repeal of congestion mitigation (A) APPLICABLE DATE.—The term ‘‘applica- Code is amended by striking ‘‘October 1, and air quality improvement ble date’’ means the first day of the first cal- 2022’’ and inserting ‘‘October 1, 2027’’. program. endar quarter beginning after the date of the (f) TERMINATION OF MOTORBOAT FUEL TAX Sec. 225. National goals and performance enactment of this Act. TRANSFERS.— measures. (B) OTHER TERMS.—The terms ‘‘dealer’’ and (1) IN GENERAL.—Paragraph (3)(A)(i) of sec- Sec. 226. National electric vehicle charging ‘‘held by a dealer’’ have the respective mean- tion 9503(c) of such Code is amended by strik- and hydrogen, propane, and ings given to such terms by section 6412 of ing ‘‘October 1, 2022’’ and inserting ‘‘October natural gas fueling corridors. such Code; except that the term ‘‘dealer’’ in- 1, 2021’’. Sec. 227. Hazard elimination program. cludes a producer. (2) CONFORMING AMENDMENTS TO LAND AND Sec. 228. National scenic byways program. (5) CERTAIN RULES TO APPLY.—Rules similar WATER CONSERVATION FUND.—Section 200310 Sec. 229. National highway freight program. to the rules of subsections (b) and (c) of sec- of title 54, United States Code, is amended— Sec. 230. Recreational trails program. tion 6412 and sections 6206 and 6675 of such (A) by striking ‘‘October 1, 2023’’ each place Sec. 231. Bicycle transportation and pedes- Code shall apply for purposes of this sub- it appears and inserting ‘‘October 1, 2022’’; trian walkways. section. and Sec. 232. Alaska highway. (d) EFFECTIVE DATES.— (B) by striking ‘‘October 1, 2022’’ and in- Sec. 233. Conforming amendments. (1) IN GENERAL.—Except as provided in serting ‘‘October 1, 2021’’. TITLE III—HIGHWAY TRUST FUND AND paragraphs (2), the amendments made by (g) EFFECTIVE DATE.—The amendments RELATED TAXES this section shall apply to fuel removed on or made by this section shall take effect on Oc- Subtitle A—Highway Trust Fund Authority after the first day of the first calendar quar- tober 1, 2021. Sec. 301. Extension of Highway Trust Fund ter beginning after the date of the enact- --- expenditure authority. ment of this Act. SA 2255. Mr. LEE submitted an Sec. 302. Termination of Mass Transit Ac- (2) CERTAIN CONFORMING AMENDMENTS.—The amendment intended to be proposed to count. amendments made by paragraphs (1), (2), (3), amendment SA 2137 proposed by Mr. Sec. 303. Transfer of unused COVID–19 ap- (4), and (5) of subsection (b) shall apply to SCHUMER (for Ms. SINEMA (for herself, propriations to the Highway fuel sold or used after the first day of the Trust Fund. first calendar quarter beginning after the Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- Sec. 304. Termination of employee retention date of the enactment of this Act. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. credit for employers subject to TESTER, Ms. MURKOWSKI, Mr. WARNER, SEC. 312. EXTENSION OF HIGHWAY-RELATED closure due to COVID–19. TAXES. and Mr. ROMNEY)) to the bill H.R. 3684, Sec. 305. Transfer of unused Coronavirus (a) IN GENERAL.— to authorize funds for Federal-aid high- State and Local Fiscal Recov- (1) Each of the following provisions of the ways, highway safety programs, and ery Funds to the Highway Internal Revenue Code of 1986 is amended by transit programs, and for other pur- Trust Fund. striking ‘‘September 30, 2022’’ and inserting ‘‘September 30, 2027’’: poses; which was ordered to lie on the Subtitle B—Highway Related Taxes (A) Section 4041(a)(1)(C)(iii)(I). table; as follows: Sec. 311. Reduction in taxes on gasoline, die- (B) Section 4041(m)(1)(B). Strike all after the enacting clause and in- sel fuel, kerosene, and special (C) Section 4081(d)(1). sert the following: fuels funding Highway Trust (2) Each of the following provisions of such SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Fund. Code is amended by striking ‘‘October 1, (a) SHORT TITLE.—This Act may be cited as Sec. 312. Extension of highway-related 2022’’ and inserting ‘‘October 1, 2027’’: the ‘‘Transportation Empowerment Act’’. taxes.

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00121 Fmt 0637 Sfmt 0655 E:\CR\FM\A02AU6.070 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5650 CONGRESSIONAL RECORD — SENATE August 2, 2021 TITLE IV—MISCELLANEOUS (B) innovation, energy efficiency, private construction or improvement project de- Sec. 401. National Environmental Policy Act sector participation, and productivity. scribed in that subparagraph shall no longer modifications. TITLE I—HIGHWAY FUNDING be considered to be a Federal highway con- Sec. 402. Repeal of Davis-Bacon wage re- SEC. 101. AUTHORIZATION OF APPROPRIATIONS. struction or improvement project. quirements. (a) IN GENERAL.— SEC. 103. REPORTING REQUIREMENTS. SEC. 2. FINDINGS AND PURPOSES. (1) AUTHORIZATION OF APPROPRIATIONS.— No reporting requirement, other than a re- (a) FINDINGS.—Congress finds that— The following sums are authorized to be ap- porting requirement in effect as of the date (1) the objective of the Federal highway propriated out of the Highway Trust Fund: of enactment of this Act, shall apply on or program has been to facilitate the construc- (A) FEDERAL-AID HIGHWAY PROGRAM.—For after October 1, 2021, to the use of Federal tion of a modern freeway system that pro- the national highway performance program funds for highway projects by a public-pri- motes efficient interstate commerce by con- under section 119 of title 23, United States vate partnership. necting all States; Code, the surface transportation block grant SEC. 104. FUNDING LIMITATION. (2) the objective described in paragraph (1) program under section 133 of that title, the Notwithstanding any other provision of has been attained, and the Interstate System highway safety improvement program under law, if the Secretary of Transportation de- connecting all States is near completion; section 148 of that title, and the national termines for any of fiscal years 2022 through 2026 that the aggregate amount required to (3) each State has the responsibility of pro- highway freight program under section 167 of carry out transportation programs and viding an efficient transportation network that title $18,450,000,000 for each of fiscal projects under this Act and the amendments for the residents of the State; years 2022 through 2026. made by this Act exceeds the estimated ag- (4) each State has the means to build and (B) EMERGENCY RELIEF.—For emergency re- lief under section 125 of title 23, United gregate amount in the Highway Trust Fund operate a network of transportation sys- available for those programs and projects for tems, including highways, that best serves States Code, $100,000,000 for each of fiscal years 2022 through 2026. the fiscal year, each amount made available the needs of the State; for that program or project shall be reduced (C) FEDERAL LANDS PROGRAMS.— (5) each State is best capable of deter- by the pro rata percentage required to re- (i) FEDERAL LANDS TRANSPORTATION PRO- mining the needs of the State and acting on duce the aggregate amount required to carry those needs; GRAM.—For the Federal lands transportation program under section 203 of title 23, United out those programs and projects to an (6) the Federal role in highway transpor- amount equal to the amount available for States Code, $300,000,000 for each of fiscal tation has, over time, usurped the role of the those programs and projects in the Highway years 2022 through 2026, of which— States by taxing motor fuels used in the Trust Fund for the fiscal year. (I) $240,000,000 of the amount made avail- States and then distributing the proceeds to SEC. 105. REPORTS; CERTIFICATION. the States based on the perceptions of the able for each fiscal year shall be the amount for the National Park Service; and (a) REPORT ON EXISTING OBLIGATIONS.— Federal Government on what is best for the (1) IN GENERAL.—The Director of the Office States; (II) $30,000,000 of the amount made avail- able for each fiscal year shall be the amount of Management and Budget (referred to in (7) the Federal Government has used the this section as the ‘‘Director’’), in consulta- Federal motor fuels tax revenues to force all for the United States Fish and Wildlife Serv- ice. tion with the Secretary of Transportation, States to take actions that are not nec- shall develop and submit to Congress a 5- essarily appropriate for individual States; (ii) FEDERAL LANDS ACCESS PROGRAM.—For the Federal lands access program under sec- year plan for the use of revenue deposited in (8) the Federal distribution, review, and the Highway Trust Fund to pay for unpaid enforcement process wastes billions of dol- tion 204 of title 23, United States Code, $250,000,000 for each of fiscal years 2022 obligations under Federal-aid highway pro- lars on unproductive activities; grams (as in effect before the date of enact- (9) Federal mandates that apply uniformly through 2026. (b) FUNDING FOR HIGHWAY RESEARCH AND ment of this Act) incurred before the date of to all 50 States, regardless of the different DEVELOPMENT PROGRAM.— enactment of this Act. circumstances of the States, cause the (1) AUTHORIZATION OF APPROPRIATIONS.— (2) REQUIREMENT.—In developing the plan States to waste billions of hard-earned tax There is authorized to be appropriated out of under paragraph (1), the Director shall, to dollars on projects, programs, and activities the Highway Trust Fund to carry out section the maximum extent practicable, balance that the States would not otherwise under- 503(b) of title 23, United States Code, payments for new Federal-aid highway take; and $115,000,000 for each of fiscal years 2022 projects with continued payment of unpaid (10) Congress has expressed a strong inter- through 2026. obligations described in paragraph (1). (b) ANNUAL REPORTS.—Not less frequently est in reducing the role of the Federal Gov- (2) APPLICABILITY OF TITLE 23, UNITED than annually, the Director shall submit to ernment by allowing each State to manage STATES CODE.—Funds authorized to be appro- its own affairs. priated by paragraph (1) shall— Congress a report that includes— (b) PURPOSES.—The purposes of this Act (A) be available for obligation in the same (1) a description of the remaining balance are— manner as if those funds were apportioned of unpaid obligations under Federal-aid high- (1) to provide a new policy blueprint to under chapter 1 of title 23, United States way programs (as in effect before the date of govern the Federal role in transportation Code, except that the Federal share of the enactment of this Act) incurred before the once existing and prior financial obligations cost of a project or activity carried out using date of enactment of this Act; and are met; those funds shall be 80 percent, unless other- (2) a status update on the progress made (2) to return to the individual States max- wise expressly provided by this Act (includ- toward achieving the goals of the 5-year plan imum discretionary authority and fiscal re- ing the amendments by this Act); and developed under subsection (a). sponsibility for all elements of the national (B) remain available until expended and (c) CERTIFICATION.—On the date that the surface transportation systems that are not not be transferable. Director determines that there are no re- maining unpaid obligations under Federal- within the direct purview of the Federal SEC. 102. FEDERALIZATION AND Government; DEFEDERALIZATION OF PROJECTS. aid highway programs (as in effect before the (3) to preserve Federal responsibility for Notwithstanding any other provision of date of enactment of this Act) incurred be- the Dwight D. Eisenhower National System law, beginning on October 1, 2021— fore the date of enactment of this Act, the of Interstate and Defense Highways; (1) a highway construction or improvement Director shall submit to Congress a certifi- (4) to preserve the responsibility of the De- project shall not be considered to be a Fed- cation that there are no such remaining un- partment of Transportation for— eral highway construction or improvement paid obligations. (A) design, construction, and preservation project unless and until a State expends Fed- TITLE II—FEDERAL-AID HIGHWAY of transportation facilities on Federal public eral funds for the construction portion of the PROGRAM REFORMS land; project; SEC. 201. DEFINITIONS. (B) national programs of transportation re- (2) a highway construction or improvement Section 101(a) of title 23, United States search and development and transportation project shall not be considered to be a Fed- Code, is amended— safety; and eral highway construction or improvement (1) by striking paragraph (6) and inserting (C) emergency assistance to the States in project solely by reason of the expenditure of the following: response to natural disasters; Federal funds by a State before the construc- ‘‘(6) FEDERAL-AID HIGHWAY.—The term (5) to eliminate to the maximum extent tion phase of the project to pay expenses re- ‘Federal-aid highway’ means a highway on practicable Federal obstacles to the ability lating to the project, including for any envi- the Interstate System eligible for assistance of each State to apply innovative solutions ronmental document or design work required under this chapter.’’; to the financing, design, construction, oper- for the project; and (2) in paragraph (12), by striking ‘‘section ation, and preservation of Federal and State (3)(A) a State may, after having used Fed- 103(c)’’ and inserting ‘‘section 103(b)’’; transportation facilities; and eral funds to pay all or a portion of the costs (3) by striking paragraph (16); and (6) with respect to transportation activi- of a highway construction or improvement (4) by redesignating paragraphs (17) ties carried out by States, local govern- project, reimburse the Federal Government through (34) as paragraphs (16) through (33), ments, and the private sector, to encour- in an amount equal to the amount of Federal respectively. age— funds so expended; and SEC. 202. FEDERAL-AID SYSTEM. (A) competition among States, local gov- (B) after completion of a reimbursement (a) IN GENERAL.—Section 103(a) of title 23, ernments, and the private sector; and described in subparagraph (A), a highway United States Code, is amended by striking

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00122 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.076 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5651 ‘‘the National Highway System, which in- section 134’’ and inserting ‘‘and the national (3) by striking subsection (o); cludes’’. highway freight program under section 167’’; (4) by redesignating subsections (p) (b) CONFORMING AMENDMENTS.— (4) by striking subsections (d) and (h); through (r) as subsections (n) through (p), re- (1) Section 103 of title 23, United States (5) by redesignating subsections (e) spectively; and Code, is amended— through (g) as subsections (d) through (f), re- (5) in subsection (n) (as so redesignated), in (A) by striking the section designation and spectively; the matter preceding paragraph (1), by strik- heading and inserting the following: (6) by striking subsection (e) (as so redesig- ing ‘‘Notwithstanding subsections (b) and (c), ‘‘§ 103. Federal-aid system’’; nated) and inserting the following: the Secretary may approve a project for the (B) by striking subsection (b); and ‘‘(e) TRANSFERABILITY OF FUNDS.— National Highway System’’ and inserting (C) by redesignating subsection (c) as sub- ‘‘(1) IN GENERAL.—To the extent that a ‘‘Notwithstanding subsection (b), the Sec- section (b). State determines that funds made available retary may approve a project for the Inter- (2) Section 127(f) of title 23, United States under this title to the State for a purpose state System’’. Code, is amended by striking ‘‘section are in excess of the needs of the State for (b) TECHNICAL AND CONFORMING AMEND- 103(c)(4)(A)’’ and inserting ‘‘section that purpose, the State may transfer the ex- MENTS.—Section 112 of title 23, United States 103(b)(4)(A)’’. cess funds to, and use the excess funds for, Code, is amended— (3) The analysis for chapter 1 of title 23, any surface transportation (including public (1) in subsection (b)— United States Code, is amended by striking transportation and rail) purpose in the (A) in paragraph (2)(F), by striking ‘‘(F)(F) the item relating to section 103 and inserting State. Subparagraphs (B), (C), (D), and (E) herein’’ the following: ‘‘(2) ENFORCEMENT.—If the Secretary deter- and inserting the following: ‘‘103. Federal-aid system.’’. mines that a State has transferred funds ‘‘(F) LIMITATION.—Subparagraphs (B) SEC. 203. APPORTIONMENT. under paragraph (1) to a purpose that is not through (E)’’; and Section 104 of title 23, United States Code, a surface transportation purpose as described (B) in paragraph (4)(C)(iv)(II), by striking is amended— in paragraph (1), the amount of the improp- ‘‘section 109(r)’’ and inserting ‘‘section (1) in subsection (a)— erly transferred funds shall be deducted from 109(p)’’; and (A) by striking paragraph (1) and inserting any amount the State would otherwise re- (2) in subsection (g)(2)(B), by striking ‘‘sec- the following: ceive from the Highway Trust Fund for the tion 109(e)(2)’’ and inserting ‘‘section ‘‘(1) IN GENERAL.—There is authorized to be fiscal year that begins after the date of the 109(d)(2)’’. appropriated from the Highway Trust Fund determination.’’; and SEC. 207. NATIONALLY SIGNIFICANT FREIGHT for each of fiscal years 2022 through 2026, to (7) by striking subsection (i) and inserting AND HIGHWAY PROJECTS. be made available to the Secretary for ad- the following: Section 117 of title 23, United States Code, ministrative expenses of the Federal High- ‘‘(g) BASE APPORTIONMENT DEFINED.—In is amended— way Administration, an amount equal to 1 this section, the term ‘base apportionment’ (1) by striking subsection (d) and inserting percent of the amounts made available for means the combined amount authorized for the following: programs under this title for the fiscal appropriation for the national highway per- ‘‘(d) ELIGIBLE PROJECTS.—Except as pro- year.’’; and formance program under section 119, the sur- vided in subsection (e), the Secretary may (B) in paragraph (2)(B), by striking ‘‘the face transportation block grant program make a grant under this section only for a Appalachian development highway system’’ under section 133, the highway safety im- project that— and inserting ‘‘the portions of the Appa- provement program under section 148, and ‘‘(1) is— lachian Development Highway System on the national highway freight program under ‘‘(A) a highway freight project carried out the Interstate System’’; section 167.’’. on the National Highway Freight Network (2) in subsection (b)— SEC. 204. ADDITIONAL DEPOSITS IN HIGHWAY established under section 167; (A) in the matter preceding paragraph (1), TRUST FUND. ‘‘(B) a highway or bridge project carried by striking ‘‘the congestion mitigation and (a) IN GENERAL.—Section 105 of title 23, out on the Interstate System, including a air quality improvement program, the na- United States Code, is repealed. project to add capacity to the Interstate tional highway freight program, and to carry (b) CLERICAL AMENDMENT.—The analysis System to improve mobility; or out section 134’’ and inserting ‘‘and the na- for chapter 1 of title 23, United States Code, ‘‘(C) a railway-highway grade crossing or tional highway freight program’’; is amended by striking the item relating to grade separation project on the Interstate (B) in each of paragraphs (1), (2), and (3), by section 105. System; and striking ‘‘paragraphs (4), (5), and (6)’’ and in- SEC. 205. PROJECT APPROVAL AND OVERSIGHT. ‘‘(2) has eligible project costs that are rea- serting ‘‘paragraph (4)’’; Section 106 of title 23, United States Code, sonably anticipated to equal or exceed the (C) by striking paragraph (4); is amended— lesser of— (D) by redesignating paragraph (5) as para- (1) in subsection (c)— ‘‘(A) $100,000,000; and graph (4); (A) by striking paragraphs (1) and (2) and ‘‘(B) in the case of a project— (E) in paragraph (4) (as so redesignated)— inserting the following: ‘‘(i) located in 1 State, 30 percent of the (i) by striking subparagraph (B) and insert- ‘‘(1) IN GENERAL.—For any project under amount apportioned under this chapter to ing the following: this title, the State may assume the respon- the State in the most recently completed fis- ‘‘(B) TOTAL AMOUNT.—The total amount set sibilities of the Secretary under this title for cal year; or aside for the national highway freight pro- design, plans, specifications, estimates, con- ‘‘(ii) located in more than 1 State, 50 per- gram for all States shall be 3.5 percent of the tract awards, and inspections with respect to cent of the amount apportioned under this amounts made available for programs under the project, unless the Secretary determines chapter to the participating State with the this title for each of fiscal years 2022 through that the assumption is not appropriate.’’; largest apportionment under this chapter in 2026.’’; and and the most recently completed fiscal year.’’; (ii) by striking subparagraph (D); and (B) by redesignating paragraphs (3) and (4) (2) in subsection (e)(1), by striking ‘‘de- (F) by striking paragraph (6); as paragraphs (2) and (3), respectively; scribed in subsection (d)(1)(A) that do not (3) in subsection (c)— (2) in subsection (d), in the matter pre- satisfy the minimum threshold under sub- (A) in paragraph (1)— ceding paragraph (1), by striking ‘‘this sec- section (d)(1)(B)’’ and inserting ‘‘described in (i) in the matter preceding subparagraph tion, section 133, or section 149’’ and insert- subsection (d)(1) that do not satisfy the min- (A), by striking ‘‘fiscal years 2016 through ing ‘‘this section or section 133’’; imum threshold under subsection (d)(2)’’; 2020’’ and inserting ‘‘fiscal years 2022 through (3) in subsection (e)(2)— (3) by striking subsections (k) and (l); 2026’’; (A) in subparagraph (A), by striking ‘‘the (4) by redesignating subsections (m) and (n) (ii) in subparagraph (A)— National Highway System’’ and inserting as subsections (k) and (l), respectively; and (I) by striking clause (i) and inserting the ‘‘the Interstate System’’; and (5) in paragraph (1) of subsection (k) (as so following: (B) in subparagraph (B), by striking ‘‘the redesignated)— ‘‘(i) the base apportionment; by’’; and National Highway System’’ and inserting (A) by striking subparagraph (B); and (II) in clause (ii)(I), by striking ‘‘fiscal year ‘‘the Interstate System’’; and (B) in subparagraph (A)— 2015’’ and inserting ‘‘fiscal year 2021’’; and (4) in subsection (h)(3)(C), in the second (i) in the first sentence, by striking ‘‘At (iii) in subparagraph (B), by striking sentence, by striking ‘‘statewide and metro- least 60 days’’ and inserting ‘‘Not less than 60 ‘‘(other than the Mass Transit Account)’’; politan planning requirements in sections 134 days’’; and and and 135’’ and inserting ‘‘statewide planning (ii) in the second sentence, by striking (B) in paragraph (2)— requirements under section 135’’. ‘‘The notification’’ and inserting the fol- (i) by striking ‘‘fiscal years 2016 through SEC. 206. STANDARDS. lowing: 2020’’ and inserting ‘‘fiscal years 2022 through (a) IN GENERAL.—Section 109 of title 23, ‘‘(B) INCLUSIONS.—Each notification under 2026’’; and United States Code, is amended— subparagraph (A)’’. (ii) by striking ‘‘the congestion mitigation (1) by striking subsection (c); SEC. 208. NATIONAL HIGHWAY PERFORMANCE and air quality improvement program under (2) by redesignating subsections (d) PROGRAM. section 149, the national highway freight through (n) as subsections (c) through (m), Section 119 of title 23, United States Code, program under section 167, and to carry out respectively; is amended—

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00123 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.076 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5652 CONGRESSIONAL RECORD — SENATE August 2, 2021 (1) in subsection (b), by striking ‘‘the Na- (B) by striking paragraph (5); (C) in paragraph (1) (as so redesignated), by tional Highway System’’ each place it ap- (4) by striking subsections (e) and (f); and redesignating clauses (i) and (ii) as subpara- pears and inserting ‘‘the Interstate System’’; (5) by redesignating subsection (g) as sub- graphs (A) and (B), respectively, and indent- (2) in subsection (c), by striking ‘‘the Na- section (e). ing appropriately; and tional Highway System, as defined in section SEC. 211. TRANSFERABILITY OF FEDERAL-AID (D) in paragraph (8) (as so redesignated), by 103’’ and inserting ‘‘the Interstate System’’; HIGHWAY FUNDS. redesignating clauses (i) and (ii) as subpara- (3) in subsection (d)— (a) IN GENERAL.—Section 126 of title 23, graphs (A) and (B), respectively, and indent- (A) by striking ‘‘the National Highway United States Code, is repealed. ing appropriately; and System’’ each place it appears and inserting (b) CLERICAL AMENDMENT.—The analysis (10) in subsection (j) (as so redesignated)— ‘‘the Interstate System’’; for chapter 1 of title 23, United States Code, (A) by redesignating subparagraphs (A) (B) in paragraph (1)(B), by striking ‘‘sec- is amended by striking the item relating to through (E) as paragraphs (1) through (5), re- tions 134 and 135’’ and inserting ‘‘section section 126. spectively, and indenting appropriately; 135’’; and SEC. 212. TOLL ROADS, BRIDGES, TUNNELS, AND (B) in the matter preceding paragraph (1) (C) in paragraph (2)— FERRIES. (as so redesignated), by striking ‘‘this sub- (i) by striking subparagraphs (F) through (a) IN GENERAL.—Section 129 of title 23, section’’ and inserting ‘‘this section’’; (H); United States Code, is amended— (C) in paragraph (2) (as so redesignated), by (ii) by redesignating subparagraphs (I) (1) by striking subsections (b) and (c); redesignating clauses (i) and (ii) as subpara- through (L) as subparagraphs (F) through (I), (2) in subsection (a)— graphs (A) and (B), respectively, and indent- respectively; and (A) by striking ‘‘(a) Basic program.—’’; and ing appropriately; and (iii) by striking subparagraphs (M) through (B) by redesignating paragraphs (1) (D) in paragraph (5) (as so redesignated), by (P); through (10) as subsections (a) through (j), striking ‘‘this subsection’’ and inserting (4) in subsection (e), by striking ‘‘the Na- respectively, and indenting appropriately; ‘‘this section’’. tional Highway System’’ each place it ap- (3) in subsection (a) (as so redesignated)— (b) CONFORMING AMENDMENTS.— pears and inserting ‘‘the Interstate System’’; (A) by striking subparagraphs (B) and (F); (1) Section 165(c)(6)(A) of title 23, United (5) in subsection (f)— (B) by redesignating subparagraphs (A), States Code, is amended— (A) in the subsection heading, by striking (C), (D), (E), (G), (H), and (I) as paragraphs (1) (A) by striking clause (iii); and ‘‘AND NHS’’; and (B) by redesignating clauses (iv) through (B) in paragraph (2)— through (7), respectively, and indenting ap- (vii) as clauses (iii) through (vi), respec- (i) in the paragraph heading, by striking propriately; (C) in paragraph (1) (as so redesignated), by tively. ‘‘NHS’’ and inserting ‘‘INTERSTATE SYSTEM’’; (2) Section 166(c)(2) of title 23, United and inserting ‘‘on the Interstate System’’ after States Code, is amended by striking ‘‘section (ii) by striking ‘‘the National Highway ‘‘tunnel’’ each place it appears; 129(a)(3)’’ and inserting ‘‘section 129(c)’’. System’’ each place it appears and inserting (D) in paragraph (3) (as so redesignated), by ‘‘the Interstate System’’; inserting ‘‘on the Interstate System’’ after (3) Section 9 of the International Bridge (6) by striking subsections (g) through (i); ‘‘tunnel’’ each place it appears; Act of 1972 (33 U.S.C. 535f) is amended in the and (E) in paragraph (4) (as so redesignated), by second sentence by striking ‘‘section (7) by redesignating subsection (j) as sub- inserting ‘‘on the Interstate System’’ after 129(a)(3)’’ and inserting ‘‘section 129(c)’’. section (g). ‘‘tunnel’’ each place it appears; SEC. 213. RAILWAY-HIGHWAY CROSSINGS. (F) in paragraph (6) (as so redesignated), by SEC. 209. FEDERAL SHARE PAYABLE. (a) IN GENERAL.—Section 130 of title 23, inserting ‘‘on the Interstate System’’ after Section 120 of title 23, United States Code, United States Code, is repealed. is amended— ‘‘tunnel’’; and (G) in paragraph (7), by striking ‘‘this (b) CONFORMING AMENDMENTS.— (1) by striking subsection (b); (1) The analysis for chapter 1 of title 23, (2) by redesignating subsections (c) paragraph’’ and inserting ‘‘this subsection’’; (4) in subsection (b) (as so redesignated)— United States Code, is amended by striking through (f) as subsections (b) through (e), re- the item relating to section 130. spectively; (A) in the matter preceding subparagraph (A), by striking ‘‘this subsection’’ and insert- (2) Section 409 of title 23, United States (3) in subsection (b) (as so redesignated)— Code, is amended by striking ‘‘sections 130, (A) by striking paragraph (2); ing ‘‘this section’’; and (B) by redesignating subparagraphs (A) and 144, and 148’’ and inserting ‘‘sections 144 and (B) by redesignating paragraph (3) as para- 148’’. graph (2); and (B) as paragraphs (1) and (2), respectively, (C) in paragraph (2) (as so redesignated)— and indenting appropriately; SEC. 214. SURFACE TRANSPORTATION BLOCK (i) in subparagraph (A), in the matter pre- (5) in subsection (c) (as so redesignated)— GRANT PROGRAM. ceding clause (i), by striking ‘‘paragraph (1), (A) by redesignating subparagraphs (A) (a) IN GENERAL.—Section 133 of title 23, (2), (5)(D), or (6) of section 104(b)’’ and insert- through (C) as paragraphs (1) through (3), re- United States Code, is amended— ing ‘‘paragraph (1) or (2) of section 104(b)’’; spectively, and indenting appropriately; (1) in subsection (b)— and (B) in paragraph (1) (as so redesignated), by (A) in paragraph (1)— (ii) in subparagraph (C)(i), by striking redesignating clauses (i) through (v) as sub- (i) by striking subparagraphs (B), (C), and ‘‘paragraphs (1), (2), (5)(D), and (6) of section paragraphs (A) through (E), respectively, and (E); 104(b)’’ and inserting ‘‘paragraphs (1) and (2) indenting appropriately; (ii) by redesignating subparagraphs (D) and of section 104(b)’’; (C) in paragraph (2) (as so redesignated)— (F) as subparagraphs (B) and (C), respec- (4) in subsection (c) (as so redesignated), in (i) by redesignating clauses (i) and (ii) as tively; the first sentence, by striking ‘‘lands re- subparagraphs (A) and (B), respectively, and (iii) in subparagraph (A), by inserting ferred to in subsections (a) and (b) of this indenting appropriately; and ‘‘that are on the Interstate System’’ after section’’ and inserting ‘‘land referred to in (ii) in subparagraph (A) (as so redesig- ‘‘title 40’’; subsection (a)’’; nated), by striking ‘‘subparagraph (A)’’ and (iv) in subparagraph (B) (as so redesig- (5) in subsection (d) (as so redesignated), in inserting ‘‘paragraph (1)’’; and nated)— the matter preceding paragraph (1)— (D) in paragraph (3) (as so redesignated), by (I) by inserting ‘‘on the Interstate System’’ (A) by striking ‘‘, including the Interstate striking ‘‘subparagraph (A)’’ each place it after ‘‘improvements’’; and System,’’; and appears and inserting ‘‘paragraph (1)’’; (II) by inserting ‘‘and’’ after the semicolon (B) by striking ‘‘subsections (a) and (b)’’ (6) in subsection (d) (as so redesignated)— at the end; and and inserting ‘‘subsection (a)’’; (A) by redesignating subparagraphs (A) and (v) in subparagraph (C) (as so redesig- (6) by striking subsection (g); and (B) as paragraphs (1) and (2), respectively, nated), by inserting ‘‘that are on the Inter- (7) by redesignating subsections (h) and indenting appropriately; and state System’’ before the period at the end; through (k) as subsections (g) through (j), re- (B) in paragraph (2) (as so redesignated), by (B) by striking paragraphs (3), (5), (6), (7), spectively. striking ‘‘this paragraph’’ and inserting (11), (13), and (15); SEC. 210. EMERGENCY RELIEF. ‘‘this subsection’’; (C) by redesignating paragraphs (4), (8), (9), Section 125 of title 23, United States Code, (7) in subsection (e) (as so redesignated), by (10), (12), and (14) as paragraphs (3) through is amended— striking ‘‘paragraph (1)’’ and inserting ‘‘sub- (8), respectively; (1) in subsection (a), in the matter pre- section (a)’’; (D) in paragraph (3) (as so redesignated), by ceding paragraph (1), by striking ‘‘highways, (8) in subsection (f) (as so redesignated), by striking‘‘ and transit safety infrastructure roads, and trails,’’ and inserting ‘‘highways striking ‘‘paragraph (3)’’ and inserting ‘‘sub- improvements and programs, including rail- on the Interstate System’’; section (c)’’; way-highway grade crossings’’ and inserting (2) in subsection (c)(1), by striking ‘‘(other (9) in subsection (g) (as so redesignated)— ‘‘safety infrastructure improvements and than the Mass Transit Account)’’; (A) by redesignating subparagraphs (A) programs on the Interstate System’’; (3) in subsection (d)— through (I) as paragraphs (1) through (9), re- (E) in paragraph (4) (as so redesignated), by (A) in paragraph (3)(C), by inserting ‘‘(as in spectively, and indenting appropriately; striking ‘‘the National Highway System and effect on the day before the date of enact- (B) by striking ‘‘this paragraph’’ each a performance-based management program ment of the Transportation Empowerment place it appears and inserting ‘‘this sub- for other public roads’’ and inserting ‘‘the Act)’’ after ‘‘subsection (e)(1)’’; and section’’; Interstate System’’;

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00124 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.076 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5653 (F) in paragraph (5) (as so redesignated), by (iii) in paragraph (6), by striking ‘‘para- (14) Section 182(c)(5) of the Clean Air Act inserting ‘‘on the Interstate System’’ before graph (5)’’ and inserting ‘‘paragraph (4)’’; and (42 U.S.C. 7511a(c)(5)) is amended— the period at the end; (iv) by redesignating paragraphs (5) (A) by striking ‘‘(A) Beginning’’ and insert- (G) in paragraph (6) (as so redesignated), by through (9) as paragraphs (4) through (8), re- ing ‘‘Beginning’’; and inserting ‘‘with respect to the Interstate spectively; (B) in the last sentence by striking ‘‘and System’’ before the period at the end; (D) in subsection (g)— with the requirements of section 174(b)’’. (H) in paragraph (7) (as so redesignated), by (i) in paragraph (2)— (15) Section 5304(i) of title 49, United States inserting ‘‘on the Interstate System’’ before (I) by striking subparagraph (A); and Code, is amended— the period at the end; and (II) by redesignating subparagraphs (B) and (A) by striking ‘‘sections 134 and 135’’ each (I) in paragraph (8) (as so redesignated), by (C) as subparagraphs (A) and (B), respec- place it appears and inserting ‘‘section 135’’; striking ‘‘and chapter 53 of title 49’’; tively; and (2) by striking subsection (c) and inserting (ii) in paragraph (3), by striking ‘‘,,’’ and (B) by striking ‘‘this this’’ and inserting the following: inserting a comma; ‘‘this’’. ‘‘(c) LOCATION OF PROJECTS.—A project (iii) in paragraph (6)(B), by striking ‘‘5310, SEC. 216. CONTROL OF JUNKYARDS. under this section may only be carried out 5311, 5316, and 5317’’ and inserting ‘‘5310 and Section 136 of title 23, United States Code, on a road on the Interstate System.’’; 5311’’; and is amended— (3) in subsection (d)— (iv) in paragraph (8), by striking ‘‘and sec- (1) in subsection (a), by striking ‘‘and the (A) in paragraph (1)— tion 134’’; primary system’’; (i) in the matter preceding subparagraph (E) in subsection (i), by striking ‘‘appor- (2) in subsection (b), in the first sentence— (A), by striking ‘‘(after the reservation of tioned under paragraphs (5)(D) and (6) of sec- (A) by striking ‘‘and the primary system’’; funds under subsection (h))’’; and tion 104(b) of this title and’’; and (ii) in subparagraph (A), in the matter pre- (F) in subsection (j), by striking ‘‘and sec- (B) by striking ‘‘paragraphs (1) through (6) ceding clause (i), by striking ‘‘paragraph (6)’’ tion 134’’ each place it appears; and of section 104(b)’’ and inserting ‘‘paragraphs and inserting ‘‘paragraph (5)’’; (G) by adding at the end the following: (1) through (4) of section 104(b)’’; (B) by striking paragraph (2); (3) in subsection (g), by striking ‘‘and the ‘‘(n) DEFINITIONS.—In this section, the defi- (C) by redesignating paragraphs (3) primary system’’; nitions under section 134(b) (as in effect on through (6) as paragraphs (2) through (5), re- (4) in subsection (k), by striking ‘‘inter- the day before the date of enactment of the spectively; state and primary systems’’ and inserting Transportation Empowerment Act) shall (D) in paragraph (4) (as so redesignated), by ‘‘Interstate System’’; and apply.’’. striking ‘‘sections 134 and 135’’ and inserting (5) by striking subsection (n). (5) Section 137 of title 23, United States ‘‘section 135’’; and SEC. 217. ENFORCEMENT OF REQUIREMENTS. Code, is amended— (E) in paragraph (5) (as so redesignated), by Section 141 of title 23, United States Code, (A) by striking subsection (e); and striking ‘‘is’’ and all that follows through is amended— (B) by redesignating subsections (f) and (g) the period at the end and inserting ‘‘is 55 (1) in subsection (a), in the first sentence, as subsections (e) and (f), respectively. percent for each of fiscal years 2022 through by striking ‘‘the Federal-aid primary sys- 2026.’’; (6) Section 166 of title 23, United States tem, the Federal-aid urban system, and the (4) in subsection (e)(1), in the matter pre- Code, is amended by striking subsection (g). Federal-aid secondary system, including the ceding subparagraph (A), by striking ‘‘fiscal (7) Section 168(a)(3) of title 23, United Interstate System’’ and inserting ‘‘the Inter- years 2016 through 2020’’ and inserting ‘‘fiscal States Code, is amended by striking ‘‘metro- state System’’; and years 2022 through 2026’’; and politan or statewide transportation planning (2) in subsection (b)(2), by striking ‘‘para- (5) by striking subsections (f) through (i). under section 134 or 135, respectively’’ and graphs (1) through (6) of section 104(b)’’ and (b) CONFORMING AMENDMENT.—Section inserting ‘‘statewide transportation planning inserting ‘‘paragraphs (1) through (4) of sec- 165(c)(7) of title 23, United States Code, is under section 135’’. tion 104(b)’’. (8) Section 201(c)(1) of title 23, United amended by striking ‘‘paragraphs (1) through SEC. 218. PUBLIC TRANSPORTATION. States Code, is amended by striking ‘‘sec- (4) of section 133(c) and section 133(b)(12)’’ (a) IN GENERAL.—Section 142 of title 23, and inserting ‘‘section 133(b)(7)’’. tions 134 and 135’’ and inserting ‘‘section United States Code, is amended— SEC. 215. METROPOLITAN TRANSPORTATION 135’’. (1) in subsection (a)— PLANNING. (9) Section 327(a)(2)(B)(iv)(I) of title 23, (A) by striking paragraph (2); (a) IN GENERAL.—Section 134 of title 23, United States Code, is amended by striking (B) in the second sentence, by striking ‘‘If United States Code, is repealed. ‘‘134 or’’. fees’’ and inserting the following: (b) CONFORMING AMENDMENTS.— (10) Section 505 of title 23, United States ‘‘(2) RATE.—If fees’’; and (1) The analysis for chapter 1 of title 23, Code, is amended— (C) by striking ‘‘(a)(1) To encourage’’ and United States Code, is amended by striking (A) in subsection (a)(2)— inserting the following: the item relating to section 134. (i) by striking ‘‘metropolitan and’’; and ‘‘(a) CONSTRUCTION OF FACILITIES.— (2) Section 2864(f)(2) of title 10, United (ii) by striking ‘‘sections 134 and 135’’ and ‘‘(1) IN GENERAL.—To encourage’’; States Code, is amended by inserting ‘‘(as in inserting ‘‘section 135’’; and (2) by striking subsections (d), (g), (h), and effect on the day before the date of enact- (B) in subsection (b)(2), by striking ‘‘sec- (i); ment of the Transportation Empowerment tions 134 and 135’’ and inserting ‘‘section (3) by redesignating subsections (e) and (f) Act)’’ after ‘‘title 23’’. 135’’. as subsections (d) and (e), respectively; and (3) Section 108(d)(5)(A) of title 23, United (11) Section 602(a)(3) of title 23, United (4) in subsection (d) (as so redesignated)— States Code, is amended by striking ‘‘sec- States Code, is amended by striking ‘‘sec- (A) by striking ‘‘of this section’’ each place tions 134 and 135’’ and inserting ‘‘section tions 134 and 135’’ and inserting ‘‘section it appears; 135’’. 135’’. (B) by striking paragraph (2); and (4) Section 135 of title 23, United States (12) Section 174 of the Clean Air Act (42 (C) by redesignating paragraph (3) as para- Code, is amended— U.S.C. 7504) is amended— graph (2). (A) in subsection (a)— (A) in the fourth sentence of subsection (a), (b) CONFORMING AMENDMENT.—Section (i) in paragraph (1), by striking ‘‘Subject to by striking ‘‘the metropolitan planning orga- 156(a) of title 23, United States Code, is section 134, to accomplish the objectives nization designated to conduct the con- amended by striking ‘‘section 142(f)’’ and in- stated in section 134(a)’’ and inserting ‘‘To tinuing, cooperative and comprehensive serting ‘‘section 142(e)’’. accomplish the objectives stated in section transportation planning process for the area SEC. 219. HIGHWAY USE TAX EVASION PROJECTS. 134(a) (as in effect on the day before the date under section 134 of title 23, United States Section 143(b)(2)(A) of title 23, United of enactment of the Transportation Em- Code,’’; States Code, is amended by striking ‘‘each of powerment Act)’’; and (B) by striking subsection (b); and fiscal years 2016 through 2020’’ and inserting (ii) in paragraph (3), by inserting ‘‘(as in ef- (C) by redesignating subsection (c) as sub- ‘‘each of fiscal years 2022 through 2026’’. fect on the day before the date of enactment section (b). SEC. 220. NATIONAL BRIDGE AND TUNNEL INVEN- of the Transportation Empowerment Act)’’ (13) Section 176(c) of the Clean Air Act (42 TORY AND INSPECTION STANDARDS. after ‘‘section 134(a)’’; U.S.C. 7506(c)) is amended— Section 144 of title 23, United States Code, (B) in subsection (b)(1), by striking ‘‘with (A) in paragraph (1), in the matter pre- is amended— the transportation planning activities car- ceding subparagraph (A), by striking the sec- (1) in subsection (a)(2)— ried out under section 134 for metropolitan ond sentence; (A) in subparagraph (A), by striking ‘‘high- areas of the State and’’; (B) in paragraph (7)(A), in the matter pre- way bridges and tunnels of the United (C) in subsection (f)— ceding clause (i), by striking ‘‘section 134(i) States’’ and inserting ‘‘bridges on the Inter- (i) in paragraph (2)— of title 23, United States Code, or’’; and state System’’; (I) by striking subparagraph (A); and (C) in paragraph (9)— (B) in subparagraph (B), by striking ‘‘high- (II) by redesignating subparagraphs (B), (i) by striking ‘‘section 134(i) of title 23, way bridges and tunnels’’ and inserting (C), and (D) as subparagraphs (A), (B), and United States Code, or’’; and ‘‘bridges on the Interstate System’’; and (C), respectively; (ii) by striking ‘‘under section 134(j) of (C) in subparagraph (E), by striking ‘‘Na- (ii) by striking paragraph (4); such title 23 or’’. tional Highway System bridges and bridges

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00125 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.076 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5654 CONGRESSIONAL RECORD — SENATE August 2, 2021 on all public roads’’ and inserting ‘‘bridges bicyclists and pedestrians, including persons SEC. 224. REPEAL OF CONGESTION MITIGATION on the Interstate System’’; with disabilities’’; AND AIR QUALITY IMPROVEMENT (2) in subsection (b)— (II) by striking clauses (v), (xviii), (xix), PROGRAM. (A) in paragraph (1), by striking ‘‘all high- (xxiii), (xxvi), (xxvii), and (xxviii); (a) IN GENERAL.—Section 149 of title 23, way bridges on public roads, on and off Fed- (III) by redesignating clauses (vi) through United States Code, is repealed. eral-aid highways,’’ and inserting ‘‘all (xvii), (xx) through (xxii), (xxiv), and (xxv) as (b) CONFORMING AMENDMENTS.— bridges on the Interstate System,’’; and clauses (v) through (xxi), respectively; and (1) The analysis for chapter 1 of title 23, (B) in paragraph (2), by striking ‘‘all tun- (IV) in clause (xix) (as so redesignated), by United States Code, is amended by striking nels on public roads, on and off Federal-aid inserting ‘‘on the Interstate System’’ after the item relating to section 149. highways,’’ and inserting ‘‘all tunnels on the ‘‘improvements’’; (2) Section 322(h)(3) of title 23, United Interstate System,’’; (D) in paragraph (9)(A), by striking ‘‘a pub- States Code, is amended by striking ‘‘and the congestion mitigation and air quality im- (3) in subsection (d)— lic road’’ and inserting ‘‘the Interstate Sys- provement program under section 149’’. (A) by striking paragraphs (2) and (4); and tem’’; and (3) Section 505(a)(3) of title 23, United (B) by redesignating paragraph (3) as para- (E) in paragraph (11)(D), by striking ‘‘all States Code, is amended by striking ‘‘149,’’. graph (2); public roads, including non-State-owned pub- (4) in subsection (e)(1), by inserting ‘‘on the lic roads and roads on tribal land’’ and in- SEC. 225. NATIONAL GOALS AND PERFORMANCE MEASURES. Interstate System’’ after ‘‘any bridge’’; serting ‘‘all roads on the Interstate System, Section 150 of title 23, United States Code, (5) in subsection (f)(1), in the matter pre- including non-State owned roads on the is amended— ceding subparagraph (A), by inserting ‘‘on Interstate System and roads on the Inter- (1) in subsection (b)— the Interstate System’’ after ‘‘any bridge’’; state System on tribal land’’; (A) in paragraph (1), by striking ‘‘all public (6) in subsection (g)— (2) in subsection (b)(2), by striking ‘‘all roads’’ and inserting ‘‘all roads on the Inter- (A) in paragraph (1), by inserting ‘‘on the public roads, including non-State-owned pub- state System’’; and Interstate System’’ after ‘‘any bridge’’; and lic roads and roads on tribal land’’ and in- (B) in paragraph (3), by striking ‘‘National (B) in paragraph (3), by striking ‘‘bridges serting ‘‘all roads on the Interstate System, Highway System’’ and inserting ‘‘Interstate on and off Federal-aid highways’’ and insert- including non-State owned roads on the System’’; ing ‘‘bridges on the Interstate System’’; Interstate System and roads on the Inter- (2) in subsection (c)— (7) in subsection (h)— state System on tribal land’’; (A) in paragraph (3)(A)(ii), by striking sub- (A) in paragraph (1)(A), by striking ‘‘high- (3) in subsection (c)(2)— clauses (II) through (V) and inserting the fol- way bridges and tunnels’’ and inserting (A) in subparagraph (A)(i), by striking ‘‘all lowing: ‘‘bridges and tunnels on the Interstate Sys- public roads, including non-State-owned pub- ‘‘(II) the condition of bridges on the Inter- tem’’; lic roads and roads on tribal land in the state System; and (B) in paragraph (2), by striking ‘‘highway’’ State’’ and inserting ‘‘all roads on the Inter- ‘‘(III) the performance of the Interstate each place it appears and inserting ‘‘Inter- state System, including non-State owned System;’’; state System’’; and roads on the Interstate System and roads on (B) by striking paragraph (5); and (C) in paragraph (3)(B)(i), by striking the Interstate System on tribal land in the (C) by redesignating paragraph (6) as para- ‘‘highway bridges’’ and inserting ‘‘Interstate State’’; graph (5); System bridges’’; (B) in subparagraph (B)(iii), by striking (3) in subsection (d)(1), by striking ‘‘(5), (8) in subsection (i)(1), by striking ‘‘high- ‘‘all public roads’’ and inserting ‘‘all roads and (6)’’ and inserting ‘‘and (5)’’; and way bridge’’ and inserting ‘‘Interstate Sys- on the Interstate System’’; (4) in subsection (e), by striking ‘‘National tem bridge’’; and (C) in subparagraph (C)(i), by striking ‘‘all Highway System’’ each place it appears and (9) in subsection (j)— public roads’’ and inserting ‘‘all roads on the inserting ‘‘Interstate System’’. (A) in paragraph (3)(B), by striking ‘‘a Interstate System’’; and transportation improvement program under (D) in subparagraph (D)— SEC. 226. NATIONAL ELECTRIC VEHICLE CHARG- section 134(j) or a statewide transportation (i) in clause (ii), by striking ‘‘all public ING AND HYDROGEN, PROPANE, AND NATURAL GAS FUELING CORRIDORS. improvement program under section 135, as roads, including public non-State-owned Section 151(a) of title 23, United States applicable’’ and inserting ‘‘a statewide trans- roads and roads on tribal land’’ and inserting Code, is amended by striking ‘‘major na- portation improvement program under sec- ‘‘all roads on the Interstate System, includ- tional highways’’ and inserting ‘‘the Inter- tion 135’’; and ing non-State owned roads on the Interstate state System’’. (B) in paragraph (4)(A), by striking ‘‘sec- System and roads on the Interstate System tions 134 and 135’’ and inserting ‘‘section on tribal land’’; SEC. 227. HAZARD ELIMINATION PROGRAM. 135’’. (ii) in clause (iii), by striking ‘‘all public (a) IN GENERAL.—Section 152 of title 23, SEC. 221. CARPOOL AND VANPOOL PROJECTS. roads’’ and inserting ‘‘all roads on the Inter- United States Code, is repealed. (a) IN GENERAL.—Section 146 of title 23, state System’’; and (b) CLERICAL AMENDMENT.—The analysis United States Code, is repealed. (iii) in clause (v), by striking ‘‘all public for chapter 1 of title 23, United States Code, (b) CLERICAL AMENDMENT.—The analysis roads in the State’’ and inserting ‘‘all roads is amended by striking the item relating to for chapter 1 of title 23, United States Code, on the Interstate System in the State’’; section 152. is amended by striking the item relating to (4) in subsection (d)(1)(B)— SEC. 228. NATIONAL SCENIC BYWAYS PROGRAM. section 146. (A) in clause (iv), by striking ‘‘rural roads, Section 162(a)(2) of title 23, United States SEC. 222. CONSTRUCTION OF FERRY BOATS AND including all public roads,’’ and inserting Code, is amended by inserting ‘‘, subject to FERRY TERMINAL FACILITIES. ‘‘roads on the Interstate System in rural the condition that the road is a road on the (a) IN GENERAL.—Section 147 of title 23, areas’’; and Interstate System’’ before the period at the United States Code, is repealed. (B) in clause (viii), by striking ‘‘all public end. (b) CLERICAL AMENDMENT.—The analysis roads, including non-State-owned public SEC. 229. NATIONAL HIGHWAY FREIGHT PRO- for chapter 1 of title 23, United States Code, roads and roads on tribal land’’ and inserting GRAM. is amended by striking the item relating to ‘‘all roads on the Interstate System, includ- Section 167 of title 23, United States Code, section 147. ing non-State owned roads on the Interstate is amended— SEC. 223. HIGHWAY SAFETY IMPROVEMENT PRO- System and roads on the Interstate System (1) in subsection (d)(2)— GRAM. on tribal land’’; (A) in subparagraph (A), by striking ‘‘sub- Section 148 of title 23, United States Code, (5) in subsection (e)(1)— paragraph (E)’’ and inserting ‘‘subparagraphs is amended— (A) in subparagraph (A), by striking ‘‘on (E) and (F)’’; and (1) in subsection (a)— any public road or publicly owned bicycle or (B) by adding at the end the following: (A) in paragraph (1), by striking ‘‘roadway pedestrian pathway or trail’’ and inserting ‘‘(F) REQUIREMENT.—In redesignating the functionally classified as a rural major or ‘‘on any road on the Interstate System’’; and primary highway freight system under sub- minor collector or a rural local road’’ and in- (B) in subparagraph (C), by striking ‘‘a paragraph (A), the Administrator shall en- serting ‘‘road on the Interstate System’’; public road’’ and inserting ‘‘a road on the sure that all roads on the primary highway (B) in paragraph (2), by striking ‘‘all public Interstate System’’; freight system are roads on the Interstate roads’’ and inserting ‘‘all roads on the Inter- (6) in subsection (f)(1)(B), by striking ‘‘all System.’’; state System’’; public roads’’ each place it appears and in- (2) in subsection (e)(1), in the matter pre- (C) in paragraph (4)— serting ‘‘all roads on the Interstate System’’; ceding subparagraph (A)— (i) in subparagraph (A), in the matter pre- (7) in subsection (h)(1)(C), by striking ‘‘all (A) by striking ‘‘a public road’’ and insert- ceding clause (i), by striking ‘‘on a public public roads’’ each place it appears and in- ing ‘‘a road on the Interstate System’’; and road’’ and inserting ‘‘on the Interstate Sys- serting ‘‘all roads on the Interstate System’’; (B) by striking ‘‘the public road’’ and in- tem’’; and (8) in subsection (i)(2)(D), by striking serting ‘‘the road’’; (ii) in subparagraph (B)— ‘‘safety safety’’ and inserting ‘‘safety’’; (3) in subsection (f), by striking ‘‘public (I) in clause (iii), by striking ‘‘, if the rum- (9) in subsection (j), by striking ‘‘sections road’’ each place it appears and inserting ble strips or other warning devices do not ad- 120 and 130’’ and inserting ‘‘section 120’’; and ‘‘road on the Interstate System’’; versely affect the safety or mobility of (10) by striking subsection (k). (4) in subsection (i)—

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00126 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.076 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5655 (A) by striking ‘‘section 104(b)(5)’’ each (7) Section 6308 of title 49, United States and to section 251(b) of the Balanced Budget place it appears and inserting ‘‘section Code, is amended by striking ‘‘(other than and Emergency Deficit Control Act of 1985. 104(b)(4)’’; the Mass Transit Account)’’. (b) TARGETED EIDL ADVANCE.— (B) in paragraph (5)— (8) Section 31104(g) of title 49, United (1) Of the unobligated balances from (i) by striking subparagraph (B); States Code, is amended by striking ‘‘(other amounts made available under the heading (ii) by redesignating subparagraph (C) as than the Mass Transit Account)’’. ‘‘Small Business Administration—Targeted subparagraph (B); and (9) Section 31110(d) of title 49, United EIDL Advance’’ in section 323(d)(1)(D) of di- (iii) in subparagraph (C) (as so redesig- States Code, is amended by striking ‘‘(other vision N of the Consolidated Appropriations nated)— than the Mass Transit Account)’’. Act, 2021 (Public Law 116–260), $17,578,000,000 (I) by striking clauses (vi), (xi), (xiv), (10) Section 31138(d)(5) of title 49, United are hereby transferred to the Highway Trust (xviii), (xxii), and (xxiii); and States Code, is amended by striking ‘‘(other Fund. (II) by redesignating clauses (vii) through than the Mass Transit Account)’’. (2) The unobligated balances from amounts (x), (xii) and (xiii), (xv) through (xvii), and (11) Section 31139(g)(5) of title 49, United made available in section 5002(b) of the (xix) through (xxi) as clauses (vi) through States Code, is amended by striking ‘‘(other American Rescue Plan Act of 2021 (Public (xvii), respectively; than the Mass Transit Account)’’. Law 117–2) are hereby transferred to the (C) in paragraph (6)— (c) NATIONAL HIGHWAY SYSTEM REPEAL.— Highway Trust Fund. (i) in the matter preceding subparagraph Section 111(d)(1) of title 23, United States (c) ECONOMIC STABILIZATION PROGRAM.—Of (A), by striking ‘‘for’’ and all that follows Code, is amended in the first sentence by the unobligated balances from amounts through ‘‘the necessary costs’’ in subpara- striking ‘‘the National Highway System’’ made available in section 4027(a) of the graph (B) in the matter preceding clause (i) and inserting ‘‘the Interstate System’’. Coronavirus Aid, Relief, and Economic Secu- and inserting ‘‘for the necessary costs’’; and TITLE III—HIGHWAY TRUST FUND AND rity Act (15 U.S.C. 9601), $1,366,100,000 are (ii) by redesignating clauses (i) through RELATED TAXES hereby transferred to the Highway Trust (iii) as subparagraphs (A) through (C), re- Fund. Subtitle A—Highway Trust Fund Authority spectively, and indenting appropriately; and (d) BUSINESS LOANS PROGRAM ACCOUNT.— (D) in paragraph (7), by striking ‘‘sections SEC. 301. EXTENSION OF HIGHWAY TRUST FUND (1) Of the unobligated balances from 134 and 135’’ and inserting ‘‘section 135’’; EXPENDITURE AUTHORITY. amounts made available under the heading (5) in subsection (k)(1)(A)(ii), by striking (a) HIGHWAY TRUST FUND.—Section 9503 of ‘‘Small Business Administration—Business ‘‘ports-of’’ and inserting ‘‘ports of’’; and the Internal Revenue Code of 1986 is amend- Loans Program Account, CARES Act’’ in (6) by striking subsection (l). ed— section 1107(a)(1) of the Coronavirus Aid, Re- (1) by striking ‘‘October 1, 2021’’ in sub- SEC. 230. RECREATIONAL TRAILS PROGRAM. lief, and Economic Security Act (Public Law sections (b)(6)(B), (c)(1), and (e)(3) and insert- (a) IN GENERAL.—Section 206 of title 23, 116–136), as amended by section 101(a)(2) of di- United States Code, is repealed. ing ‘‘October 1, 2026’’, and vision A of the Paycheck Protection Pro- (b) CONFORMING AMENDMENTS.— (2) by striking ‘‘Continuing Appropriations gram and Health Care Enhancement Act (1) Section 325 of title 23, United States Act, 2021 and Other Extensions Act’’ in sub- (Public Law 116–139), and in section Code, is amended— sections (c)(1) and (e)(3) and inserting 323(d)(1)(A) of division N of the Consolidated (A) by striking subsection (d); and ‘‘Transportation Empowerment Act’’. Appropriations Act, 2021 (Public Law 116–260) (B) by redesignating subsection (e) as sub- (b) SPORT FISH RESTORATION AND BOATING for carrying out paragraphs (36) and (37) of section (d). TRUST FUND.—Section 9504 of such Code is section 7(a) of the Small Business Act (15 (2) The analysis for chapter 2 of title 23, amended— U.S.C. 636(a)), $4,684,000,000 are hereby trans- United States Code, is amended by striking (1) by striking ‘‘Continuing Appropriations ferred to the Highway Trust Fund. the item relating to section 206. Act, 2021 and Other Extensions Act’’ each (2) Of the unobligated balances from place it appears in subsection (b)(2) and in- SEC. 231. BICYCLE TRANSPORTATION AND PE- amounts made available under the heading DESTRIAN WALKWAYS. serting ‘‘Transportation Empowerment ‘‘Small Business Administration—Business (a) IN GENERAL.—Section 217 of title 23, Act’’, and Loans Program Account’’ in section United States Code, is repealed. (2) by striking ‘‘October 1, 2021’’ in sub- 323(d)(1)(F) of division N of the Consolidated (b) CONFORMING AMENDMENTS.— section (d)(2) and inserting ‘‘October 1, 2026’’. Appropriations Act, 2021 (Public Law 116– (1) Section 1524(a) of MAP–21 (23 U.S.C. 206 (c) LEAKING UNDERGROUND STORAGE TANK 260), $992,000,000 are hereby transferred to the note; Public Law 112–141) is amended by TRUST FUND.—Section 9508(e)(2) of such Code Highway Trust Fund. striking ‘‘sections 162, 206, 213, and 217’’ and is amended by striking ‘‘October 1, 2021’’ and (e) PANDEMIC RELIEF FOR AVIATION WORK- inserting ‘‘section 162’’. inserting ‘‘October 1, 2026’’. ERS, CORONAVIRUS AID, RELIEF, AND ECONOMIC (2) The analysis for chapter 2 of title 23, SEC. 302. TERMINATION OF MASS TRANSIT AC- SECURITY ACT (CARES ACT).—Of the unobli- United States Code, is amended by striking COUNT. gated balances from amounts made available the item relating to section 217. Section 9503(e) of the Internal Revenue in section 4120 of the Coronavirus Aid, Relief, SEC. 232. ALASKA HIGHWAY. Code of 1986 is amended— and Economic Security Act (15 U.S.C. 9080), (a) IN GENERAL.—Section 218 of title 23, (1) in the first sentence of paragraph (2), by $3,000,000,000 are hereby transferred to the United States Code, is repealed. inserting ‘‘, and before October 1, 2021’’ after Highway Trust Fund. (b) CLERICAL AMENDMENT.—The analysis ‘‘March 31, 1983’’, and (f) EDUCATION STABILIZATION FUND.— for chapter 2 of title 23, United States Code, (2) by adding at the end the following: (1) TRANSFER.—Of the unobligated balances is amended by striking the item relating to ‘‘(6) TRANSFER TO HIGHWAY ACCOUNT.—On from amounts made available under the section 218. the date on which Director of the Office of heading ‘‘Education Stabilization Fund’’ in SEC. 233. CONFORMING AMENDMENTS. Management and Budget submits the certifi- title VIII of division B of the Coronavirus (a) CONTROL OF OUTDOOR ADVERTISING.— cation under section 105(c) of the Transpor- Aid, Relief, and Economic Security Act Section 131(t) of title 23, United States Code, tation Empowerment Act, the Secretary (Public Law 116–136) and in title III of divi- is amended by striking ‘‘, and any highway shall transfer all amounts in the Mass Tran- sion M of the Consolidated Appropriations which is not on such system but which is on sit Account to the Highway Account.’’. Act, 2021 (Public Law 116–260) that were re- the National Highway System’’. SEC. 303. TRANSFER OF UNUSED COVID–19 AP- served for the Higher Education Emergency (b) ELIMINATION OF MASS TRANSIT AC- PROPRIATIONS TO THE HIGHWAY Relief Fund by sections 18004(a)(1) and COUNT.— TRUST FUND. 18004(a)(2) of division B of the Coronavirus (1) Section 102(b) of title 23, United States (a) ECONOMIC INJURY DISASTER LOAN SUB- Aid, Relief, and Economic Security Act Code, is amended in the first sentence by SIDY.— (Public Law 116–136) and sections 314(a)(1), striking ‘‘(other than the Mass Transit Ac- (1) TRANSFER.—Of the unobligated balances 314(a)(2), and 314(a)(4) of division M of the count)’’. from amounts made available under the Consolidated Appropriations Act, 2021 (Pub- (2) Section 118(a) of title 23, United States heading ‘‘Small Business Administration— lic Law 116–260), $353,400,000 are hereby trans- Code, is amended by striking ‘‘(other than Disaster Loans Program Account’’ in title II ferred to the Highway Trust Fund. the Mass Transit Account)’’. of division B of the Paycheck Protection (2) DESIGNATION.—The amount transferred (3) Section 156(a) of title 23, United States Program and Health Care Enhancement Act pursuant to paragraph (1) that was pre- Code, is amended by striking ‘‘(other than (Public Law 116–139), $13,500,000,000 are here- viously designated by the Congress as an the Mass Transit Account)’’. by transferred to the Highway Trust Fund. emergency requirement pursuant to section (4) Section 321 of title 23, United States (2) DESIGNATION.—The amount transferred 251(b)(2)(A)(i) of the Balanced Budget and Code, is amended by striking ‘‘(other than pursuant to paragraph (1) that was pre- Emergency Deficit Control Act of 1985 is des- the Mass Transit Account)’’. viously designated by the Congress as an ignated by the Congress as an emergency re- (5) Section 323(b)(1) of title 23, United emergency requirement pursuant to section quirement pursuant to section 4112(a) of H. States Code, is amended in the matter pre- 251(b)(2)(A)(i) of the Balanced Budget and Con. Res. 71 (115th Congress), the concurrent ceding subparagraph (A) by striking ‘‘(other Emergency Deficit Control Act of 1985 is des- resolution on the budget for fiscal year 2018, than the Mass Transit Account)’’. ignated by the Congress as an emergency re- and to section 251(b) of the Balanced Budget (6) Section 521(b)(10) of title 49, United quirement pursuant to section 4112(a) of H. and Emergency Deficit Control Act of 1985. States Code, is amended by striking ‘‘(other Con. Res. 71 (115th Congress), the concurrent (g) SMALL BUSINESS ADMINISTRATION, SALA- than the Mass Transit Account)’’. resolution on the budget for fiscal year 2018, RIES AND EXPENSES.—

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(1) RESCISSION.—Of the unobligated bal- tions 602(a) and 603(a) of the Social Security (b) ADDITIONAL CONFORMING AMEND- ances from amounts made available under Act (42 U.S.C. 802(a), 803(a)) as of the date of MENTS.— the heading ‘‘Small Business Administra- enactment of this Act, $70,000,000,000 are (1) Section 4041(a)(1)(C)(iii)(I) of the Inter- tion—Salaries and Expenses’’ in section hereby transferred to the Highway Trust nal Revenue Code of 1986 is amended by 1107(a)(2) of the Coronavirus Aid, Relief, and Fund. striking ‘‘7.3 cents per gallon (4.3 cents per Economic Security Act (Public Law 116–136), (2) APPORTIONMENT.—In carrying out para- gallon after’’ and inserting ‘‘1.5 cents per in title II of division B of the Paycheck Pro- graph (1), the Secretary of the Treasury shall gallon (zero cents per gallon after’’. tection Program and Health Care Enhance- transfer the funds specified in such para- (2) Section 4041(a)(2)(B)(ii) of such Code is ment Act (Public Law 116–139), and in section graph from the unobligated balances of the amended by striking ‘‘18.3 cents’’ and insert- 323(d)(1)(C) of division N of the Consolidated amounts appropriated under sections ing ‘‘7 cents’’. Appropriations Act, 2021 (Public Law 116– 602(a)(1) and 603(a) of such Act in equal pro- (3) Clauses (iii) and (iv) of section 260), $175,000,000 are hereby transferred to the portion to the greatest extent practicable. 4041(a)(2)(B) of such Code are each amended Highway Trust Fund. (b) CONFORMING AMENDMENTS.— by striking ‘‘24.3 cents’’ and inserting ‘‘8.3 (2) DESIGNATION.—The amount transferred (1) CORONAVIRUS STATE FISCAL RECOVERY cents’’. pursuant to paragraph (1) that was pre- FUND.—Section 602(b)(4) of the Social Secu- (4) Section 4041(a)(3)(A) of such Code is viously designated by the Congress as an rity Act (42 U.S.C. 802(b)(4)) is amended to amended by striking ‘‘18.3 cents’’ and insert- emergency requirement pursuant to section read as follows: ing ‘‘7 cents’’. 251(b)(2)(A)(i) of the Balanced Budget and ‘‘(4) ADJUSTMENT AUTHORITY.—The (5) Section 4041(m)(1) of such Code is Emergency Deficit Control Act of 1985 is des- amounts otherwise determined for allocation amended— ignated by the Congress as an emergency re- and payment under paragraphs (1), (2), and (A) in subparagraph (A)(i), by striking quirement pursuant to section 4112(a) of H. (3)— ‘‘9.15 cents’’ and inserting ‘‘3.1 cents’’, Con. Res. 71 (115th Congress), the concurrent ‘‘(A) shall be adjusted by the Secretary on (B) in subparagraph (A)(ii), by striking resolution on the budget for fiscal year 2018, a pro rata basis to the extent necessary to ‘‘11.3 cents’’ and inserting ‘‘3.9 cents’’, and and to section 251(b) of the Balanced Budget carry out the transfer of funds required (C) in subparagraph (B), by striking all and Emergency Deficit Control Act of 1985. under section 305(a) of the Transportation after ‘‘2022’’ and inserting ‘‘, zero cents per (h) PANDEMIC RELIEF FOR AVIATION WORK- Empowerment Act; and gallon.’’. ‘‘(B) may be adjusted by the Secretary on ERS.—Of the unobligated balances from (6) Section 4081(d)(1) of such Code is amend- amounts made available in section 411 of a pro rata basis to the extent necessary to ed by striking ‘‘4.3 cents per gallon’’ and in- ensure that all available funds are allocated subtitle A of title IV of division N of the serting ‘‘zero cents per gallon’’. Consolidated Appropriations Act, 2021 (15 to States, territories, and Tribal govern- ments in accordance with the requirements (c) FLOOR STOCK REFUNDS.— U.S.C. 9101), $200,000,000 are hereby trans- (1) IN GENERAL.—If— ferred to the Highway Trust Fund. specified in each such paragraph (as applica- ble).’’. (A) before the applicable date, tax has been (i) CONFORMING AMENDMENT.—Section imposed under section 4081 of the Internal (2) CORONAVIRUS LOCAL FISCAL RECOVERY 9503(f) of the Internal Revenue Code of 1986 is Revenue Code of 1986 on any liquid, and FUND.—Section 603(b)(5) of the Social Secu- amended by redesignating paragraph (11) as (B) on such date such liquid is held by a paragraph (12) and by inserting after para- rity Act (42 U.S.C. 803(b)(5) is amended to read as follows: dealer and has not been used and is intended graph (10) the following new paragraph: for sale; ‘‘(5) ADJUSTMENT AUTHORITY.—The ‘‘(11) TRANSFER OF UNUSED COVID–19 APPRO- there shall be credited or refunded (without PRIATIONS.—There is hereby transferred to amounts otherwise determined for allocation and payment under paragraphs (1), (2), and interest) to the person who paid such tax (in the Highway Trust Fund the amounts de- this subsection referred to as the ‘‘tax- scribed in subsections (a) through (h) of sec- (3)— ‘‘(A) shall be adjusted by the Secretary on payer’’) an amount equal to the excess of the tion 303 of the Transportation Empowerment tax paid by the taxpayer over the amount of Act.’’. a pro rata basis to the extent necessary to carry out the transfer of funds required such tax which would be imposed on such liq- SEC. 304. TERMINATION OF EMPLOYEE RETEN- under section 305(a) of the Transportation uid had the taxable event occurred on such TION CREDIT FOR EMPLOYERS SUB- date. JECT TO CLOSURE DUE TO COVID– Empowerment Act; and (2) TIME FOR FILING CLAIMS.—No credit or 19. ‘‘(B) may be adjusted by the Secretary on refund shall be allowed or made under this (a) TERMINATION OF CREDIT.— a pro rata basis to the extent necessary to subsection unless— (1) IN GENERAL.—Section 3134 of the Inter- ensure that all available funds are distrib- (A) claim therefor is filed with the Sec- nal Revenue Code of 1986 is amended— uted to metropolitan cities, counties, and retary of the Treasury before the date that is (A) in subsection (c)(5)— States in accordance with the requirements 6 months after the applicable date, and (i) in subparagraph (A), by adding ‘‘and’’ at specified in each paragraph (as applicable) (B) in any case where liquid is held by a the end, and the certification requirement specified dealer (other than the taxpayer) on the ap- (ii) in subparagraph (B), by striking ‘‘, in subsection (d).’’. plicable date— and’’ at the end and inserting a period, and (c) CONFORMING AMENDMENT.—Section (i) the dealer submits a request for refund (iii) by striking subparagraph (C), and 9503(f) of the Internal Revenue Code of 1986, or credit to the taxpayer before the date that (B) in subsection (n), by striking ‘‘January as amended by section 304(b), is further is 3 months after the applicable date, and 1, 2022’’ and inserting ‘‘October 1, 2021 (or, in amended by redesignating paragraph (13) as (ii) the taxpayer has repaid or agreed to the case of wages paid by an eligible em- paragraph (14) and by inserting after para- repay the amount so claimed to such dealer ployer which is a recovery startup business, graph (12) the following new paragraph: or has obtained the written consent of such January 1, 2022)’’. ‘‘(13) TRANSFER OF UNUSED COVID–19 APPRO- dealer to the allowance of the credit or the (2) EFFECTIVE DATE.—The amendments PRIATIONS.—There is hereby transferred to making of the refund. made by this subsection shall apply to cal- the Highway Trust Fund the amounts de- (3) EXCEPTION FOR FUEL HELD IN RETAIL endar quarters beginning after September 30, scribed in section 305(a) of the Transpor- STOCKS.—No credit or refund shall be allowed 2021. tation Empowerment Act.’’. under this subsection with respect to any (b) TRANSFERS OF SAVINGS TO THE HIGHWAY Subtitle B—Highway Related Taxes liquid in retail stocks held at the place TRUST FUND.—Section 9503(f) of the Internal SEC. 311. REDUCTION IN TAXES ON GASOLINE, Revenue Code of 1986, as amended by section DIESEL FUEL, KEROSENE, AND SPE- where intended to be sold at retail. 303(i), is further amended by redesignating CIAL FUELS FUNDING HIGHWAY (4) DEFINITIONS.—For purposes of this sub- paragraph (12) as paragraph (13) and by in- TRUST FUND. section— serting after paragraph (11) the following (a) REDUCTION IN TAX RATE.— (A) APPLICABLE DATE.—The term ‘‘applica- new paragraph: (1) IN GENERAL.—Section 4081(a)(2)(A) of ble date’’ means the first day of the first cal- endar quarter beginning after the date of the ‘‘(12) SAVINGS FROM TERMINATION OF EM- the Internal Revenue Code of 1986 is amend- enactment of this Act. PLOYEE RETENTION CREDIT FOR EMPLOYERS ed— (B) OTHER TERMS.—The terms ‘‘dealer’’ and SUBJECT TO CLOSURE DUE TO COVID–19.—There (A) in clause (i), by striking ‘‘18.3 cents’’ are hereby appropriated to the Highway and inserting ‘‘7 cents’’, and ‘‘held by a dealer’’ have the respective mean- Trust Fund amounts equivalent to savings (B) in clause (iii), by striking ‘‘24.3 cents’’ ings given to such terms by section 6412 of achieved as a result of the amendments made and inserting ‘‘8.3 cents’’. such Code; except that the term ‘‘dealer’’ in- by section 304 of the Transportation Em- (2) CONFORMING AMENDMENTS.— cludes a producer. powerment Act, as estimated by the Sec- (A) Section 4081(a)(2)(D) of such Code is (5) CERTAIN RULES TO APPLY.—Rules similar retary.’’. amended— to the rules of subsections (b) and (c) of sec- tion 6412 and sections 6206 and 6675 of such SEC. 305. TRANSFER OF UNUSED CORONAVIRUS (i) by striking ‘‘19.7 cents’’ and inserting STATE AND LOCAL FISCAL RECOV- ‘‘6.7 cents’’, and Code shall apply for purposes of this sub- ERY FUNDS TO THE HIGHWAY TRUST (ii) by striking ‘‘24.3 cents’’ and inserting section. FUND. ‘‘8.3 cents’’. (d) EFFECTIVE DATES.— (a) TRANSFER OF FUNDS.— (B) Section 6427(b)(2)(A) of such Code is (1) IN GENERAL.—Except as provided in (1) IN GENERAL.—Of the unobligated bal- amended by striking ‘‘7.4 cents’’ and insert- paragraphs (2), the amendments made by ances of the amounts appropriated under sec- ing ‘‘2.5 cents’’. this section shall apply to fuel removed on or

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after the first day of the first calendar quar- TITLE IV—MISCELLANEOUS ‘‘(VI) INITIAL NEPA COMPLIANCE DATE.—The ter beginning after the date of the enact- SEC. 401. NATIONAL ENVIRONMENTAL POLICY term ‘initial NEPA compliance date’, with ment of this Act. ACT MODIFICATIONS. respect to a proposed action, means the date (2) CERTAIN CONFORMING AMENDMENTS.—The (a) NATIONAL ENVIRONMENTAL POLICY ACT by which the head of a Federal agency is re- amendments made by paragraphs (1), (2), (3), MODIFICATIONS.— quired to issue or publish a document de- (4), and (5) of subsection (b) shall apply to (1) APPLICABLE TIMELINES.—Title I of the scribed in subparagraph (B) for that proposed fuel sold or used after the first day of the National Environmental Policy Act of 1969 is action under that subparagraph. first calendar quarter beginning after the amended— ‘‘(VII) INITIAL NONCOMPLIANCE DETERMINA- date of the enactment of this Act. (A) by redesignating section 105 (42 U.S.C. TION.—The term ‘initial noncompliance de- SEC. 312. EXTENSION OF HIGHWAY-RELATED 4335) as section 108; and termination’ means a determination under TAXES. (B) by inserting after section 104 (42 U.S.C. clause (ii)(I)(bb) that the head of a Federal (a) IN GENERAL.— 4334) the following: agency has not complied with the require- (1) Each of the following provisions of the ‘‘SEC. 105. PROCESS REQUIREMENTS. ments of subparagraph (A), (B), or (C). Internal Revenue Code of 1986 is amended by ‘‘(a) DEFINITIONS.—In this section: ‘‘(ii) INITIAL NONCOMPLIANCE.— striking ‘‘September 30, 2022’’ and inserting ‘‘(1) FEDERAL AGENCY.—The term ‘Federal ‘‘September 30, 2027’’: ‘‘(I) DETERMINATION.— agency’ includes a State that has assumed (A) Section 4041(a)(1)(C)(iii)(I). ‘‘(aa) NOTIFICATION.—As soon as prac- the responsibility of a Federal agency (B) Section 4041(m)(1)(B). ticable after the date described in section (C) Section 4081(d)(1). under— 109(3)(B)(i) for a proposed action of a Federal (2) Each of the following provisions of such ‘‘(A) section 107; or agency, the head of the Federal agency shall Code is amended by striking ‘‘October 1, ‘‘(B) section 327 of title 23, United States notify the Director that the head of the Fed- 2022’’ and inserting ‘‘October 1, 2027’’: Code. eral agency is beginning the NEPA process (A) Section 4041(m)(1)(A). ‘‘(2) HEAD OF A FEDERAL AGENCY.—The term for that proposed action. (B) Section 4051(c). ‘head of a Federal agency’ includes the gov- ‘‘(bb) DETERMINATIONS OF COMPLIANCE.— (C) Section 4071(d). ernor or head of an applicable State agency ‘‘(AA) INITIAL DETERMINATION.—As soon as (D) Section 4081(d)(3). of a State that has assumed the responsi- practicable after the initial NEPA compli- (b) EXTENSION OF TAX, ETC., ON USE OF CER- bility of a Federal agency under— ance date for a proposed action, the Director TAIN HEAVY VEHICLES.—Each of the following ‘‘(A) section 107; or shall determine whether, as of the initial provisions of the Internal Revenue Code of ‘‘(B) section 327 of title 23, United States NEPA compliance date, the head of the Fed- 1986 is amended by striking ‘‘2023’’ each place Code. eral agency has complied with subparagraph it appears and inserting ‘‘2028’’: ‘‘(b) APPLICABLE TIMELINES.— (B) for that proposed action. (1) Section 4481(f). ‘‘(1) NEPA PROCESS.— ‘‘(BB) ENVIRONMENTAL IMPACT STATE- (2) Subsections (c)(4) and (d) of section 4482. ‘‘(A) IN GENERAL.—The head of a Federal MENT.—With respect to a proposed action of (c) FLOOR STOCKS REFUNDS.—Section agency shall complete the NEPA process for a Federal agency in which the head of the 6412(a)(1) of the Internal Revenue Code of a proposed action of the Federal agency, as Federal agency publishes a notice of intent 1986 is amended— described in section 109(3)(B)(ii), not later described in subparagraph (B)(ii), as soon as (1) by striking ‘‘October 1, 2022’’ each place than 2 years after the date described in sec- practicable after the initial EIS compliance it appears and inserting ‘‘October 1, 2027’’, tion 109(3)(B)(i). date for a proposed action, the Director shall (2) by striking ‘‘March 31, 2023’’ each place ‘‘(B) ENVIRONMENTAL DOCUMENTS.—Within determine whether, as of the initial EIS it appears and inserting ‘‘March 31, 2027’’, the period described in subparagraph (A), not compliance date, the head of the Federal and later than 1 year after the date described in agency has complied with subparagraph (C) (3) by striking ‘‘January 1, 2023’’ and in- section 109(3)(B)(i), the head of the Federal for that proposed action. serting ‘‘January 1, 2028’’. agency shall, with respect to the proposed ‘‘(CC) COMPLETION OF NEPA PROCESS.—As (d) EXTENSION OF CERTAIN EXEMPTIONS.— action— soon as practicable after the final NEPA (1) Section 4221(a) of the Internal Revenue ‘‘(i) issue— compliance date for a proposed action, the Code of 1986 is amended by striking ‘‘October ‘‘(I) a finding that a categorical exclusion Director shall determine whether, as of the 1, 2022’’ and inserting ‘‘October 1, 2027’’. applies to the proposed action; or final NEPA compliance date, the head of the (2) Section 4483(i) of such Code is amended ‘‘(II) a finding of no significant impact; or Federal agency has complied with subpara- by striking ‘‘October 1, 2023’’ and inserting ‘‘(ii) publish a notice of intent to prepare graph (A) for that proposed action. ‘‘October 1, 2028’’. an environmental impact statement in the ‘‘(II) IDENTIFICATION; PENALTY; NOTIFICA- (e) EXTENSION OF TRANSFERS OF CERTAIN Federal Register. TAXES.— TION.—If the Director makes an initial non- ‘‘(C) ENVIRONMENTAL IMPACT STATEMENT.— compliance determination for a proposed ac- (1) IN GENERAL.—Section 9503 of the Inter- If the head of a Federal agency publishes a nal Revenue Code of 1986 is amended— notice of intent described in subparagraph tion— (A) in subsection (b)— (B)(ii), within the period described in sub- ‘‘(aa) the Director shall identify the ac- (i) by striking ‘‘October 1, 2022’’ each place paragraph (A) and not later than 1 year after count for the salaries and expenses of the of- it appears in paragraphs (1) and (2) and in- the date on which the head of the Federal fice of the head of the Federal agency, or an serting ‘‘October 1, 2027’’, agency publishes the notice of intent, the equivalent account; (ii) by striking ‘‘OCTOBER 1, 2022’’ in the head of the Federal agency shall complete ‘‘(bb) beginning on the day after the date heading of paragraph (2) and inserting ‘‘OC- the environmental impact statement and, if on which the Director makes the initial non- TOBER 1, 2027’’, necessary, any supplemental environmental compliance determination, the amount that (iii) by striking ‘‘September 30, 2022’’ in impact statement for the proposed action. the head of the Federal agency may obligate paragraph (2) and inserting ‘‘September 30, ‘‘(D) PENALTIES.— from the account identified under item (aa) 2027’’, and ‘‘(i) DEFINITIONS.—In this subparagraph: for the fiscal year during which the deter- (iv) by striking ‘‘July 1, 2023’’ in paragraph ‘‘(I) DIRECTOR.—The term ‘Director’ means mination is made shall be reduced by 0.5 per- (2) and inserting ‘‘July 1, 2027’’, and the Director of the Office of Management cent from the amount initially made avail- (B) in subsection (c)(2), by striking ‘‘July 1, able for the account for that fiscal year; and 2023’’ and inserting ‘‘July 1, 2028’’. and Budget. ‘‘(II) FEDERAL AGENCY.—The term ‘Federal ‘‘(cc) the Director shall notify the head of (2) SMALL-ENGINE FUEL TAX TRANSFERS.— agency’ does not include a State. the Federal agency of— Paragraph (4)(A) of section 9503(c) of such ‘‘(AA) the initial noncompliance deter- Code is amended by striking ‘‘October 1, ‘‘(III) FINAL NEPA COMPLIANCE DATE.—The term ‘final NEPA compliance date’, with re- mination; 2022’’ and inserting ‘‘October 1, 2027’’. ‘‘(BB) the account identified under item (f) TERMINATION OF MOTORBOAT FUEL TAX spect to a proposed action, means the date (aa); and TRANSFERS.— by which the head of a Federal agency is re- ‘‘(CC) the reduction under item (bb). (1) IN GENERAL.—Paragraph (3)(A)(i) of sec- quired to complete the NEPA process under tion 9503(c) of such Code is amended by strik- subparagraph (A). ‘‘(iii) CONTINUED NONCOMPLIANCE.— ing ‘‘October 1, 2022’’ and inserting ‘‘October ‘‘(IV) HEAD OF A FEDERAL AGENCY.—The ‘‘(I) DETERMINATION.—Every 90 days after 1, 2021’’. term ‘head of a Federal agency’ does not in- the date of an initial noncompliance deter- (2) CONFORMING AMENDMENTS TO LAND AND clude the governor or head of a State agency mination, the Director shall determine WATER CONSERVATION FUND.—Section 200310 of a State. whether the head of the Federal agency has of title 54, United States Code, is amended— ‘‘(V) INITIAL EIS COMPLIANCE DATE.—The complied with the applicable requirements of (A) by striking ‘‘October 1, 2023’’ each place term ‘initial EIS compliance date’, with re- subparagraphs (A) through (C) for the pro- it appears and inserting ‘‘October 1, 2022’’; spect to a proposed action for which a Fed- posed action, until the date on which the Di- and eral agency published a notice of intent de- rector determines that the head of the Fed- (B) by striking ‘‘October 1, 2022’’ and in- scribed in subparagraph (B)(ii), means the eral agency has completed the NEPA process serting ‘‘October 1, 2021’’. date by which an environmental impact for the proposed action. (g) EFFECTIVE DATE.—The amendments statement for that proposed action is re- ‘‘(II) PENALTY; NOTIFICATION.—For each de- made by this section shall take effect on Oc- quired to be completed under subparagraph termination made by the Director under sub- tober 1, 2021. (C). clause (I) that the head of a Federal agency

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00129 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.076 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5658 CONGRESSIONAL RECORD — SENATE August 2, 2021 has not complied with a requirement of sub- graph (A) not later than 90 days after date on avoided, apply a categorical exclusion to the paragraph (A), (B), or (C) for a proposed ac- which the project sponsor submitted the no- proposed action. tion— tification; and ‘‘(f) REUSE OF WORK; DOCUMENTS PREPARED ‘‘(aa) the amount that the head of the Fed- ‘‘(II) shall not carry out the NEPA process BY QUALIFIED 3RD PARTIES.— eral agency may obligate from the account with respect to the proposed action again.’’. ‘‘(1) IN GENERAL.—In carrying out the identified under clause (ii)(II)(aa) for the fis- (2) AGENCY PROCESS REFORMS.—Section 105 NEPA process for a proposed action— cal year during which the most recent deter- of the National Environmental Policy Act of ‘‘(A) subject to paragraph (2), the head of a mination under subclause (I) is made shall be 1969 (42 U.S.C. 4321 et seq.) (as added by para- Federal agency shall— reduced by 0.5 percent from the amount ini- graph (1)(B)) is amended by adding at the end ‘‘(i) use any applicable findings and re- tially made available for the account for the following: search from a prior NEPA process of any that fiscal year; and ‘‘(c) PROHIBITIONS.—In carrying out the Federal agency; and ‘‘(bb) the Director shall notify the head of NEPA process, the head of a Federal agency ‘‘(ii) incorporate the findings and research the Federal agency of— may not— described in clause (i) into any applicable ‘‘(AA) the determination under subclause ‘‘(1) consider whether a proposed action or analysis under the NEPA process; and (I); and an alternative to the proposed action consid- ‘‘(B) a Federal agency may adopt as an en- ‘‘(BB) the reduction under item (aa). ered by the head of the Federal agency, in- vironmental impact statement, environ- ‘‘(iv) REQUIREMENTS.— cluding the design, environmental impact, mental assessment, or other environmental ‘‘(I) AMOUNTS NOT RESTORED.—A reduction mitigation measures, or adaptation meas- document to achieve compliance with this in the amount that the head of a Federal ures of the proposed action or alternative to title— agency may obligate under clause (ii)(II)(bb) the proposed action, has an effect on climate ‘‘(i) an environmental document prepared or (iii)(II)(aa) during a fiscal year shall not change; under the law of the applicable State if the be restored for that fiscal year, without re- ‘‘(2) with respect to a proposed action or an head of the Federal agency determines that gard to whether the head of a Federal agency alternative to the proposed action considered the environmental laws of the applicable completes the NEPA process for the proposed by the head of the Federal agency, consider State— action with respect to which the Director the effects of the emission of greenhouse ‘‘(I) provide the same level of environ- made an initial noncompliance determina- gases on climate change; mental analysis as the analysis required tion or a determination under clause (iii)(I). ‘‘(3) consider an alternative to the pro- under this title; and ‘‘(II) REQUIRED TIMELINES.—The violation posed action if the proposed action is not ‘‘(II) allow for the opportunity of public of subparagraph (B) or (C), and any action technically or economically feasible to the comment; or carried out to remediate or otherwise ad- project sponsor; or ‘‘(ii) subject to paragraph (3), an environ- dress the violation, shall not affect any ‘‘(4) consider an alternative to the pro- mental document prepared by a qualified other applicable compliance date under sub- posed action that is not within the jurisdic- third party chosen by the project sponsor, at paragraph (A), (B), or (C). tion of the Federal agency. the expense of the project sponsor, if the ‘‘(E) UNEXPECTED CIRCUMSTANCES.—If, ‘‘(d) ENVIRONMENTAL DOCUMENTS.— head of the Federal agency— while carrying out a proposed action after ‘‘(1) EIS REQUIRED.—In carrying out the ‘‘(I) provides oversight of the preparation the completion of the NEPA process for that NEPA process for a proposed action that re- of the environmental document by the third proposed action, a Federal agency or project quires the preparation of an environmental party; and sponsor encounters a new or unexpected cir- impact statement, the head of a Federal ‘‘(II) independently evaluates the environ- cumstance or condition that may require the agency shall produce for the proposed action mental document for the compliance of the reevaluation of the proposed action under not more than 1— environmental document with this title. this title, the head of the Federal agency ‘‘(A) environmental impact statement; ‘‘(2) REQUIREMENT FOR THE REUSE OF FIND- with responsibility for carrying out the ‘‘(B) if necessary, environmental assess- INGS AND RESEARCH.—The head of a Federal NEPA process for the proposed action shall— ment; and agency may reuse the applicable findings ‘‘(i) consider whether mitigating the new ‘‘(C) record of decision. and research described in paragraph (1)(A) or unexpected circumstance or condition is ‘‘(2) EIS NOT REQUIRED.—In carrying out if— sufficient to avoid significant effects that the NEPA process for a proposed action that ‘‘(A)(i) the project for which the head of may result from the circumstance or condi- does not require the preparation of an envi- the Federal agency is seeking to reuse the tion; and ronmental impact statement, the head of a findings and research was in close geographic ‘‘(ii) if the head of the Federal agency de- Federal agency shall produce for the pro- proximity to the proposed action; and termines under clause (i) that the significant posed action not more than 1— ‘‘(ii) the head of the Federal agency deter- effects that result from the circumstance or ‘‘(A) environmental assessment; or mines that the conditions under which the condition can be avoided, mitigate the cir- ‘‘(B) finding of no significant impact. applicable findings and research were issued cumstance or condition without carrying out ‘‘(e) CATEGORICAL EXCLUSIONS.— have not substantially changed; or the NEPA process again. ‘‘(1) IN GENERAL.—Notwithstanding any ‘‘(B)(i) the project for which the head of ‘‘(2) AUTHORIZATIONS AND PERMITS.— other provision of law and subject to para- the Federal agency is seeking to reuse the ‘‘(A) IN GENERAL.—Not later than 90 days graph (2), the head of a Federal agency may, findings and research was not in close geo- after the date described in section without further approval, use a categorical graphic proximity to the proposed action; 109(3)(B)(ii), the head of a Federal agency exclusion under this title that has been ap- and shall issue— proved by— ‘‘(ii) the head of the Federal agency deter- ‘‘(i) any necessary permit or authorization ‘‘(A)(i) another Federal agency; and mines that the proposed action has similar to carry out the proposed action; or ‘‘(ii) the Council on Environmental Qual- issues or decisions as the project. ‘‘(ii) a denial of the permit or authoriza- ity; or ‘‘(3) REQUIREMENTS FOR CREATION OF ENVI- tion necessary to carry out the proposed ac- ‘‘(B) an Act of Congress. RONMENTAL DOCUMENT BY QUALIFIED 3RD PAR- tion. ‘‘(2) REQUIREMENTS.—The head of a Federal TIES.— ‘‘(B) EFFECT OF FAILURE TO ISSUE AUTHOR- agency may use a categorical exclusion de- ‘‘(A) IN GENERAL.—A qualified third party IZATION OR PERMIT.—If a permit or authoriza- scribed in paragraph (1) if the head of the may prepare an environmental document in- tion described in subparagraph (A) is not Federal agency— tended to be adopted by a Federal agency as issued or denied within the period described ‘‘(A) carefully reviews the description of the environmental impact statement, envi- in that subparagraph, the permit or author- the proposed action to ensure that it fits ronmental assessment, or other environ- ization shall be considered to be approved. within the category of actions described in mental document for a proposed action ‘‘(C) DENIAL OF PERMIT OR AUTHORIZATION.— the categorical exclusion; and under paragraph (1)(B)(ii) if— ‘‘(i) IN GENERAL.—If a permit or authoriza- ‘‘(B) considers the circumstances associ- ‘‘(i) the project sponsor submits a written tion described in subparagraph (A) is denied, ated with the proposed action to ensure that request to the head of the applicable Federal the head of the Federal agency shall describe there are no extraordinary circumstances agency that the head of the Federal agency to the project sponsor— that warrant the preparation of an environ- approve the qualified third party to create ‘‘(I) the basis of the denial; and mental assessment or an environmental im- the document intended to be adopted by a ‘‘(II) recommendations for the project pact statement. Federal agency as the environmental impact sponsor with respect to how to address the ‘‘(3) EXTRAORDINARY CIRCUMSTANCES.—If statement, environmental assessment, or reasons for the denial. the head of a Federal agency determines that other environmental document; and ‘‘(ii) RECOMMENDED CHANGES.—If the extraordinary circumstances are present ‘‘(ii) the head of the Federal agency deter- project sponsor carries out the recommenda- with respect to a proposed action, the head mines that— tions of the head of the Federal agency under of the Federal agency shall— ‘‘(I) the third party is qualified to prepare clause (i)(II) and notifies the head of the ‘‘(A) consider whether mitigating cir- the document; and Federal agency that the recommendations cumstances or other conditions are sufficient ‘‘(II) the third party has no financial or have been carried out, the head of the Fed- to avoid significant effects of the proposed other interest in the outcome of the pro- eral agency— action; and posed action. ‘‘(I) shall decide whether to issue the per- ‘‘(B) if the head of the Federal agency de- ‘‘(B) DEADLINE.—The head of a Federal mit or authorization described in subpara- termines that those significant effects can be agency that receives a written request under

VerDate Sep 11 2014 04:58 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00130 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.076 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5659 subparagraph (A)(i) shall issue a written de- be within the range of alternatives consid- seeking judicial review of a portion of the cision approving or denying the request not ered under paragraph (3)(B)(iii). NEPA process if the plaintiff pleads facts later than 30 days after the date on which ‘‘(B) OMISSION.—If a cooperating agency that allege that the plaintiff has personally the written request is received. submits to the lead agency an evaluation of suffered, or will likely personally suffer, a ‘‘(C) NO PRIOR WORK.—The head of a Fed- an alternative that does not meet the re- direct, tangible harm as a result of the por- eral agency may not adopt an environmental quirements of subsection (c), the lead agency tion of the NEPA process for which the document under paragraph (1)(B)(ii) if the shall omit the alternative from the environ- plaintiff is seeking review. qualified third party began preparing the mental impact statement. ‘‘(2) STATUTE OF LIMITATIONS.— document prior to the date on which the ‘‘(h) REPORTS.— ‘‘(A) IN GENERAL.—Notwithstanding any head of the Federal agency issues the writ- ‘‘(1) NEPA DATA.— other provision of law and except as provided ten decision under subparagraph (B) approv- ‘‘(A) IN GENERAL.—The head of each Fed- in subparagraph (B)(ii), a claim arising under ing the request. eral agency that carries out the NEPA proc- Federal law seeking judicial review of any ‘‘(D) DENIALS.—If the head of a Federal ess shall carry out a process to track, and portion of the NEPA process shall be barred agency issues a written decision denying the annually submit to Congress a report con- unless it is filed not later than the earlier request under subparagraph (A)(i), the head taining, the information described in sub- of— of the Federal agency shall submit to the paragraph (B). ‘‘(i) 150 days after the final agency action project sponsor with the written decision the ‘‘(B) INFORMATION DESCRIBED.—The infor- under the NEPA process has been taken; and findings that served as the basis of the de- mation referred to in subparagraph (A) is, ‘‘(ii) if applicable, an earlier date after nial. with respect to the Federal agency issuing which judicial review is barred that is speci- the report under that subparagraph— fied in the Federal law pursuant to which the ‘‘(g) MULTI-AGENCY PROJECTS.— ‘‘(i) the number of proposed actions for judicial review is allowed. ‘‘(1) DEFINITIONS.—In this subsection: which a categorical exclusion was issued dur- ‘‘(B) NEW INFORMATION.— ‘‘(A) COOPERATING AGENCY.—The term ‘co- ing the reporting period; ‘‘(i) CONSIDERATION.—A Federal agency operating agency’ means a Federal agency ‘‘(ii) the length of time the Federal agency shall consider for the purpose of a supple- involved in a proposed action that— took to issue the categorical exclusions de- mental environmental impact statement ‘‘(i) is not the lead agency; and scribed in clause (i); new information received after the close of a ‘‘(ii) has the jurisdiction or special exper- ‘‘(iii) the number of proposed actions pend- comment period if the information satisfies tise such that the Federal agency needs to be ing on the date on which the report is sub- the requirements for a supplemental envi- consulted— mitted for which the issuance of a categor- ronmental impact statement under the regu- ‘‘(I) to use a categorical exclusion; or ical exclusion is pending; lations of the Federal agency. ‘‘(II) to prepare an environmental assess- ‘‘(iv) the number of proposed actions for ‘‘(ii) STATUTE OF LIMITATIONS BASED ON NEW ment or environmental impact statement, as which an environmental assessment was INFORMATION.—If a supplemental environ- applicable. issued during the reporting period; mental impact statement is required under ‘‘(B) LEAD AGENCY.—The term ‘lead agency’ ‘‘(v) the length of time the Federal agency the regulations of a Federal agency, a claim means the Federal agency selected under took to complete each environmental assess- for judicial review of the supplemental envi- paragraph (2)(A). ment described in clause (iv); ronmental impact statement shall be barred ‘‘(2) AGENCY DESIGNATION.— ‘‘(vi) the number of proposed actions pend- unless it is filed not later than the earlier ‘‘(A) LEAD AGENCY.—In carrying out the ing on the date on which the report is sub- of— NEPA process for a proposed action that re- mitted for which an environmental assess- ‘‘(I) 150 days after the publication of a no- quires authorization from multiple Federal ment is being drafted; tice in the Federal Register that the supple- agencies, the heads of the applicable Federal ‘‘(vii) the number of proposed actions for mental environmental impact statement is agencies shall determine the lead agency for which an environmental impact statement final; and the proposed action. was issued during the reporting period; ‘‘(II) if applicable, an earlier date after ‘‘(B) INVITATION.—The head of the lead ‘‘(viii) the length of time the Federal agen- which judicial review is barred that is speci- agency may invite any relevant State, local, cy took to complete each environmental im- fied in the Federal law pursuant to which the or Tribal agency with Federal authorization pact statement described in clause (vii); and judicial review is allowed. decision responsibility to be a cooperating ‘‘(ix) the number of proposed actions pend- ‘‘(C) SAVINGS CLAUSE.—Nothing in this agency. ing on the date on which the report is sub- paragraph creates a right to judicial review. ‘‘(3) RESPONSIBILITIES OF LEAD AGENCY.— mitted for which an environmental impact ‘‘(3) REMEDIES.— The lead agency for a proposed action shall— statement is being drafted. ‘‘(A) PRELIMINARY INJUNCTIONS AND TEM- ‘‘(A) as soon as practicable and in con- ‘‘(2) NEPA COSTS.— PORARY RESTRAINING ORDERS.— sultation with the cooperating agencies, de- ‘‘(A) IN GENERAL.—Not later than 1 year ‘‘(i) IN GENERAL.—Subject to clause (ii), in termine whether a proposed action requires after the date of enactment of this sub- a motion for a temporary restraining order the preparation of an environmental impact section, the Chair of the Council on Environ- or preliminary injunction against a Federal statement; and mental Quality and the Director of the Office agency or project sponsor in a claim arising ‘‘(B) if the head of the lead agency deter- of Management and Budget shall jointly de- under Federal law seeking judicial review of mines under subparagraph (A) that an envi- velop a methodology to assess the com- any portion of the NEPA process, the plain- ronmental impact statement is necessary— prehensive costs of the NEPA process. tiff shall establish by clear and convincing ‘‘(i) be responsible for coordinating the ‘‘(B) REQUIREMENTS.—The head of each evidence that— preparation of an environmental impact Federal agency that carries out the NEPA ‘‘(I) the plaintiff is likely to succeed on the statement; process shall— merits; ‘‘(ii) provide cooperating agencies with an ‘‘(i) adopt the methodology developed ‘‘(II) the plaintiff is likely to suffer irrep- opportunity to review and contribute to the under subparagraph (A); and arable harm in the absence of the temporary preparation of the environmental impact ‘‘(ii) use the methodology developed under restraining order or preliminary injunction, statement and environmental assessment, as subparagraph (A) to annually submit to Con- as applicable; applicable, of the proposed action, except gress a report describing— ‘‘(III) the balance of equities is tipped in that the cooperating agency shall limit com- ‘‘(I) the comprehensive cost of the NEPA the favor of the plaintiff; and ments to issues within the special expertise process for each proposed action that was ‘‘(IV) the temporary restraining order or or jurisdiction of the cooperating agency; carried out within the reporting period; and preliminary injunction is in the public inter- and ‘‘(II) for a proposed action for which the est. ‘‘(iii) subject to subsection (c), as soon as head of the Federal agency is still com- ‘‘(ii) ADDITIONAL REQUIREMENTS.—A court practicable and in consultation with the co- pleting the NEPA process at the time the re- may not grant a motion described in clause operating agencies, determine the range of port is submitted— (i) unless the court— alternatives to be considered for the pro- ‘‘(aa) the amount of money expended to ‘‘(I) makes a finding of extraordinary cir- posed action. date to carry out the NEPA process for the cumstances that warrant the granting of the ‘‘(4) ENVIRONMENTAL DOCUMENTS.—In car- proposed action; and motion; rying out the NEPA process for a proposed ‘‘(bb) an estimate of the remaining costs ‘‘(II) considers the potential effects on pub- action, the lead agency shall prepare not before the NEPA process for the proposed ac- lic health, safety, and the environment, and more than 1 of each type of document de- tion is complete.’’. the potential for significant negative effects scribed in paragraph (1) or (2) of subsection (3) LEGAL REFORMS.—Section 105 of the Na- on jobs resulting from granting the motion; (d), as applicable— tional Environmental Policy Act of 1969 (42 and ‘‘(A) in consultation with cooperating U.S.C. 4321 et seq.) (as amended by paragraph ‘‘(III) notwithstanding any other provision agencies; and (2)) is amended by adding at the end the fol- of law, applies the requirements of Rule 65(c) ‘‘(B) for all applicable Federal agencies. lowing: of the Federal Rules of Civil Procedure. ‘‘(5) PROHIBITIONS.— ‘‘(i) JUDICIAL REVIEW.— ‘‘(B) PERMANENT INJUNCTIONS.— ‘‘(A) IN GENERAL.—A cooperating agency ‘‘(1) STANDING.—Notwithstanding any ‘‘(i) IN GENERAL.—Subject to clause (ii), in may not evaluate an alternative to the pro- other provision of law, a plaintiff may only a motion for a permanent injunction against posed action that has not been determined to bring a claim arising under Federal law a Federal agency or project sponsor a claim

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arising under Federal law seeking judicial ‘‘(C) ADDITIONAL RESPONSIBILITY.—If a ‘‘(B) METHOD OF NOTICE AND SOLICITATION.— review of any portion of the NEPA process, State assumes responsibility under subpara- The State shall provide notice and solicit the plaintiff shall establish by clear and con- graph (A)— public comment under this paragraph by vincing evidence that— ‘‘(i) the head of the Federal agency may as- publishing the complete application of the ‘‘(I) the plaintiff has suffered an irrep- sign to the State, and the State may assume, State in accordance with the appropriate arable injury; all or part of the responsibilities of the head public notice law of the State. ‘‘(II) remedies available at law, including of the Federal agency for environmental re- ‘‘(4) SELECTION CRITERIA.—The head of a monetary damages, are inadequate to com- view, consultation, or other action required Federal agency may approve the application pensate for the injury; under any Federal environmental law per- of a State under this section only if— ‘‘(III) considering the balance of hardship taining to the review or approval of a spe- ‘‘(A) the regulatory requirements under between the plaintiff and defendant, a rem- cific project; paragraph (2) have been met; edy in equity is warranted; ‘‘(ii) at the request of the State, the head ‘‘(B) the head of the Federal agency deter- ‘‘(IV) the public interest is not disserved of the Federal agency may also assign to the mines that the State has the capability, in- by a permanent injunction; and State, and the State may assume, the re- cluding financial and personnel, to assume ‘‘(V) if the error or omission of a Federal sponsibilities of the head of the Federal the responsibility; and agency in a statement required under this agency under this title with respect to 1 or ‘‘(C) the head of the State agency having title is the grounds for which the plaintiff is more projects within the State that are primary jurisdiction over the project enters seeking judicial review, the error or omis- under the jurisdiction of the Federal agency; into a written agreement with the head of sion is likely to result in specific, irrep- but the Federal agency as described in sub- arable damage to the environment. ‘‘(iii) the head of the Federal agency may section (d). ‘‘(ii) ADDITIONAL SHOWING.—A court may not assign responsibility for any conformity ‘‘(5) OTHER FEDERAL AGENCY VIEWS.—If a not grant a motion described in clause (i) un- determination required under section 176 of State applies to assume a responsibility of less— the Clean Air Act (42 U.S.C. 7506). the Federal agency that would have required ‘‘(I) the court makes a finding that ex- ‘‘(D) PROCEDURAL AND SUBSTANTIVE RE- the head of the Federal agency to consult traordinary circumstances exist that war- QUIREMENTS.—A State shall assume responsi- with the head of another Federal agency, the rant the granting of the motion; and bility under this section subject to the same head of the Federal agency shall solicit the ‘‘(II) the permanent injunction is— procedural and substantive requirements as views of the head of the other Federal agen- ‘‘(aa) as narrowly tailored as possible to would apply if that responsibility were car- cy before approving the application. correct the injury; and ried out by the Federal agency. ‘‘(d) WRITTEN AGREEMENT.—A written agreement under subsection (b)(2)(A) shall— ‘‘(bb) the least intrusive means necessary ‘‘(E) FEDERAL RESPONSIBILITY.—Any re- ‘‘(1) be executed by the Governor or the to correct the injury.’’. sponsibility of a Federal agency not explic- top-ranking official in the State who is (4) OTHER REFORMS.—Title I of the Na- itly assumed by the State by written agree- charged with responsibility for the project; tional Environmental Policy Act of 1969 (42 ment under subparagraph (A) shall remain ‘‘(2) be in such form as the head of the Fed- U.S.C. 4321 et seq.) is amended by inserting the responsibility of the Federal agency. eral agency may prescribe; after section 105 (as amended by paragraph ‘‘(F) NO EFFECT ON AUTHORITY.—Nothing in ‘‘(3) provide that the State— (3)) the following: this section preempts or interferes with any ‘‘(A) agrees to assume all or part of the re- power, jurisdiction, responsibility, or au- ‘‘SEC. 106. EPA REVIEW. sponsibilities of the Federal agency de- thority of an agency, other than the Federal ‘‘(a) DEFINITION OF FEDERAL AGENCY.—In scribed in subparagraphs (A) and (C) of sub- agency for which the written agreement ap- this section, the term ‘Federal agency’ in- section (b)(2); plies, under applicable law (including regula- cludes a State that has assumed the respon- ‘‘(B) expressly consents, on behalf of the tions) with respect to a project. sibility of a Federal agency under— State, to accept the jurisdiction of the Fed- ‘‘(G) PRESERVATION OF FLEXIBILITY.—The ‘‘(1) section 107; or eral courts for the compliance, discharge, head of the Federal agency may not require ‘‘(2) section 327 of title 23, United States and enforcement of any responsibility of the a State, as a condition of participation in Code. Federal agency assumed by the State; the agency program of the Federal agency, ‘‘(C) certifies that State laws (including ‘‘(b) EPA COMMENTS.—The Administrator to forego project delivery methods that are regulations) are in effect that— of the Environmental Protection Agency (re- otherwise permissible for projects under ap- ‘‘(i) authorize the State to take the actions ferred to in this section as the ‘Adminis- plicable law. trator’) may comment on a draft or final necessary to carry out the responsibilities ‘‘(H) LEGAL FEES.—A State assuming the being assumed; and submission of an environmental impact responsibilities of a Federal agency under ‘‘(ii) are comparable to section 552 of title statement from any Federal agency. this section for a specific project may use 5, including providing that any decision re- ‘‘(c) TECHNICAL ASSISTANCE.—The Adminis- funds awarded to the State for that project garding the public availability of a docu- trator may, on request of a Federal agency for attorneys’ fees directly attributable to ment under those State laws is reviewable by preparing a draft or final environmental im- eligible activities associated with the a court of competent jurisdiction; and pact statement, provide technical assistance project. in the completion of that environmental im- ‘‘(D) agrees to maintain the financial re- ‘‘(c) STATE PARTICIPATION.— pact statement. sources necessary to carry out the respon- ‘‘(1) PARTICIPATING STATES.—Except as pro- sibilities being assumed; ‘‘SEC. 107. PROJECT DELIVERY PROGRAMS. vided in subsection (b)(2)(B), all States are ‘‘(4) require the State to provide to the ‘‘(a) DEFINITION OF AGENCY PROGRAM.—In eligible to participate in an agency program. head of the Federal agency any information this section, the term ‘agency program’ ‘‘(2) APPLICATION.—Not later than 270 days the head of the Federal agency reasonably means a project delivery program estab- after the date of enactment of this section, considers necessary to ensure that the State lished by a Federal agency under subsection the head of each Federal agency shall amend, is adequately carrying out the responsibil- (b)(1). as appropriate, regulations that establish re- ities assigned to the State; ‘‘(b) ESTABLISHMENT.— quirements relating to information required ‘‘(5) have a term of not more than 5 years; ‘‘(1) IN GENERAL.—The head of each Federal to be contained in any application of a State and agency, including the Secretary of Transpor- to participate in the agency program, includ- ‘‘(6) be renewable. tation, shall carry out a project delivery pro- ing, at a minimum— ‘‘(e) JURISDICTION.— gram. ‘‘(A) the projects or classes of projects for ‘‘(1) IN GENERAL.—The United States dis- ‘‘(2) ASSUMPTION OF RESPONSIBILITY.— which the State anticipates exercising the trict courts shall have exclusive jurisdiction ‘‘(A) IN GENERAL.—Subject to subparagraph authority that may be granted under the over any civil action against a State for fail- (B), the head of each Federal agency shall, agency program; ure to carry out any responsibility of the on request of a State, enter into a written ‘‘(B) verification of the financial resources State under this section. agreement with the State, which may be in necessary to carry out the authority that ‘‘(2) LEGAL STANDARDS AND REQUIRE- the form of a memorandum of under- may be granted under the agency program; MENTS.—A civil action under paragraph (1) standing, in which the head of each Federal and shall be governed by the legal standards and agency may assign, and the State may as- ‘‘(C) evidence of the notice and solicitation requirements that would apply in such a sume, the responsibilities of the head of the of public comment by the State relating to civil action against the head of a Federal Federal agency under this title with respect participation of the State in the agency pro- agency had the head of the Federal agency to 1 or more projects within the State that gram, including copies of comments received taken the actions in question. are under the jurisdiction of the Federal from that solicitation. ‘‘(3) INTERVENTION.—The head of a Federal agency. ‘‘(3) PUBLIC NOTICE.— agency shall have the right to intervene in ‘‘(B) EXCEPTION.—The head of a Federal ‘‘(A) IN GENERAL.—Each State that submits any action described in paragraph (1). agency shall not enter into a written agree- an application under this subsection shall ‘‘(f) EFFECT OF ASSUMPTION OF RESPONSI- ment under subparagraph (A) if the head of give notice of the intent of the State to par- BILITY.—A State that assumes responsibility the Federal agency determines that the ticipate in an agency program not later than under subsection (b)(2) shall be solely re- State is not in compliance with the require- 30 days before the date of submission of the sponsible and solely liable for carrying out, ments described in subsection (c)(4). application. in lieu of and without further approval of the

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head of the Federal agency, the responsibil- ‘‘(2) TERMINATION BY THE STATE.—A State tity, including a private or public-private en- ities assumed under subsection (b)(2), until may terminate the participation of the State tity, that seeks approval of a proposed ac- the agency program is terminated under sub- in an agency program at any time by pro- tion.’’. section (k). viding to the head of the applicable Federal (7) CONFORMING AMENDMENTS.— ‘‘(g) LIMITATIONS ON AGREEMENTS.—Noth- agency a notice by not later than the date (A) POLICY REVIEW.—Section 309 of the ing in this section permits a State to assume that is 90 days before the date of termi- Clean Air Act (42 U.S.C. 7609) is repealed. any rulemaking authority of the head of a nation, and subject to such terms and condi- (B) SURFACE TRANSPORTATION PROJECT DE- Federal agency under any Federal law. tions as the head of the Federal agency may LIVERY PROGRAM.—Section 327 of title 23, ‘‘(h) AUDITS.— provide. United States Code, is amended— ‘‘(1) IN GENERAL.—To ensure compliance by ‘‘(l) CAPACITY BUILDING.—The head of a (i) in subsection (a)(1), by striking ‘‘The a State with any agreement of the State Federal agency, in cooperation with rep- Secretary’’ and inserting ‘‘Subject to sub- under subsection (d) (including compliance resentatives of State officials, may carry out section (m), the Secretary’’; and by the State with all Federal laws for which education, training, peer-exchange, and (ii) by adding at the end the following: responsibility is assumed under subsection other initiatives as appropriate— ‘‘(m) SUNSET.— (b)(2)), for each State participating in an ‘‘(1) to assist States in developing the ca- ‘‘(1) IN GENERAL.—Except as provided under agency program, the head of a Federal agen- pacity to participate in the agency program paragraph (2), the authority provided by this cy shall— of the Federal agency; and section terminates on the date of enactment ‘‘(A) not later than 180 days after the date ‘‘(2) to promote information sharing and of this subsection. of execution of the agreement, meet with the collaboration among States that are partici- ‘‘(2) EXISTING AGREEMENTS.—Subject to the State to review implementation of the agree- pating in the agency program of the Federal requirements of this section, the Secretary may continue to enforce any agreement en- ment and discuss plans for the first annual agency. tered into under this section before the date audit; ‘‘(m) RELATIONSHIP TO LOCALLY ADMINIS- of enactment of this subsection.’’. ‘‘(B) conduct annual audits during each of TERED PROJECTS.—A State granted authority (b) ATTORNEY FEES IN ENVIRONMENTAL LITI- the first 4 years of State participation; and under an agency program may, as appro- GATION.— ‘‘(C) ensure that the time period for com- priate and at the request of a local govern- (1) ADMINISTRATIVE PROCEDURE.—Section ment— pleting an annual audit, from initiation to 504(b)(1) of title 5, United States Code, is ‘‘(1) exercise that authority on behalf of completion (including public comment and amended— the local government for a locally adminis- responses to those comments), does not ex- (A) in subparagraph (E), by striking ‘‘and’’ tered project; or ceed 180 days. at the end; ‘‘(2) provide guidance and training on con- ‘‘(2) PUBLIC AVAILABILITY AND COMMENT.— (B) in subparagraph (F), by striking the pe- solidating and minimizing the documenta- ‘‘(A) IN GENERAL.—An audit conducted riod at the end and inserting ‘‘; and’’; and tion and environmental analyses necessary under paragraph (1) shall be provided to the (C) by adding at the end the following: for sponsors of a locally administered project public for comment. ‘‘(G) ‘special factor’ does not include to comply with this title and any com- ‘‘(B) RESPONSE.—Not later than 60 days knowledge, expertise, or skill in environ- parable requirements under State law.’’. after the date on which the period for public mental litigation.’’. (5) PROHIBITION ON GUIDANCE.—No Federal comment ends, the head of the Federal agen- (2) UNITED STATES AS PARTY.—Section agency, including the Council on Environ- cy shall respond to public comments re- 2412(d)(2) of title 28, United States Code, is mental Quality, may reissue the final guid- ceived under subparagraph (A). amended— ance of the Council on Environmental Qual- ‘‘(3) AUDIT TEAM.— (A) in subparagraph (H), by striking ‘‘and’’ ity entitled ‘‘Final Guidance for Federal De- ‘‘(A) IN GENERAL.—An audit conducted at the end; partments and Agencies on Consideration of under paragraph (1) shall be carried out by (B) in subparagraph (I), by striking the pe- Greenhouse Gas Emissions and the Effects of an audit team determined by the head of the riod at the end and inserting ‘‘; and’’; and Climate Change in National Environmental Federal agency, in consultation with the (C) by adding at the end the following: Policy Act Reviews’’ (81 Fed. Reg. 51866 (Au- State, in accordance with subparagraph (B). ‘‘(J) ‘special factor’ does not include gust 5, 2016)) or substantially similar guid- ‘‘(B) CONSULTATION.—Consultation with knowledge, expertise, or skill in environ- ance unless authorized by an Act of Con- the State under subparagraph (A) shall in- mental litigation.’’. clude a reasonable opportunity for the State gress. SEC. 402. REPEAL OF DAVIS-BACON WAGE RE- EFINITIONS to review and provide comments on the pro- (6) D .—Title I of the National QUIREMENTS. Environmental Policy Act of 1969 (42 U.S.C. posed members of the audit team. (a) IN GENERAL.—Subchapter IV of chapter ‘‘(i) MONITORING.—After the fourth year of 4331 et seq.) (as amended by paragraph (1)(A)) 31 of title 40, United States Code, is repealed. the participation of a State in an agency is amended by adding at the end the fol- (b) REFERENCES.—Any reference in any law program, the head of the Federal agency lowing: to a requirement under subchapter IV of shall monitor compliance by the State with ‘‘SEC. 109. DEFINITIONS. chapter 31 of title 40, United States Code, the written agreement, including the provi- ‘‘In this title: shall be null and void. sion by the State of financial resources to ‘‘(1) ENVIRONMENTAL ASSESSMENT.—The (c) EFFECTIVE DATE AND LIMITATION.—This carry out the written agreement. term ‘environmental assessment’ has the section, and the amendment made by this ‘‘(j) REPORT TO CONGRESS.—The head of meaning given the term in section 1508.9 of section, shall take effect 30 days after the each Federal agency shall submit to Con- title 40, Code of Federal Regulations (or a date of enactment of this Act but shall not gress an annual report that describes the ad- successor regulation). affect any contract that is— ministration of the agency program. ‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.— (1) in existence on the date that is 30 days ‘‘(k) TERMINATION.— The term ‘environmental impact statement’ after such date of enactment; or ‘‘(1) TERMINATION BY FEDERAL AGENCY.— means a detailed statement required under (2) made pursuant to an invitation for bids The head of a Federal agency may terminate section 102(2)(C). outstanding on the date that is 30 days after the participation of any State in the agency ‘‘(3) NEPA PROCESS.— such date of enactment. --- program of the Federal agency if— ‘‘(A) IN GENERAL.—The term ‘NEPA proc- ‘‘(A) the head of the Federal agency deter- ess’ means the entirety of every process, SA 2256. Mr. LEE (for himself, Mr. mines that the State is not adequately car- analysis, or other measure, including an en- JOHNSON, Ms. ERNST, Mr. CORNYN, Mr. rying out the responsibilities assigned to the vironmental impact statement, required to CRUZ, Mr. INHOFE, and Mr. PAUL) sub- State; be carried out by a Federal agency under mitted an amendment intended to be ‘‘(B) the head of the Federal agency pro- this title before the agency undertakes a proposed to amendment SA 2137 pro- vides to the State— proposed action. posed by Mr. SCHUMER (for Ms. SINEMA ‘‘(i) a notification of the determination of ‘‘(B) PERIOD.—For purposes of subpara- (for herself, Mr. PORTMAN, Mr. noncompliance; graph (A), the NEPA process— MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, ‘‘(ii) a period of not less than 120 days to ‘‘(i) begins on the date on which the head Ms. COLLINS, Mr. TESTER, Ms. MUR- take such corrective action as the head of of a Federal agency receives an application KOWSKI, Mr. WARNER, and Mr. ROMNEY)) the Federal agency determines to be nec- for a proposed action from a project sponsor; essary to comply with the applicable agree- and to the bill H.R. 3684, to authorize funds ment; and ‘‘(ii) ends on the date on which the Federal for Federal-aid highways, highway ‘‘(iii) on request of the Governor of the agency issues, with respect to the proposed safety programs, and transit programs, State, a detailed description of each respon- action— and for other purposes; which was or- sibility in need of corrective action regard- ‘‘(I) a record of decision, including, if nec- dered to lie on the table; as follows: ing an inadequacy identified under subpara- essary, a revised record of decision; At the appropriate place, insert the fol- graph (A); and ‘‘(II) a finding of no significant impact; or lowing: ‘‘(C) the State, after the notification and ‘‘(III) a categorical exclusion under this SEC. ll. REPEAL OF DAVIS-BACON WAGE RE- period provided under subparagraph (B), fails title. QUIREMENTS. to take satisfactory corrective action, as de- ‘‘(4) PROJECT SPONSOR.—The term ‘project (a) IN GENERAL.—Subchapter IV of chapter termined by the head of the Federal agency. sponsor’ means a Federal agency or other en- 31 of title 40, United States Code, is repealed.

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(b) REFERENCES.—Any reference in any law (2) submit to Congress, and make available (II) during the period of on-duty time, the to a requirement under subchapter IV of to each Member of Congress upon request, a driver complies with all applicable require- chapter 31 of title 40, United States Code, report containing the results of the audit ments of section 395.3 of that title, including shall be null and void. conducted under paragraph (1). the requirement described in subsection (c) EFFECTIVE DATE AND LIMITATION.—This (c) CONTENTS OF REPORT.—The Assistant (a)(3)(ii) of that section (or a successor regu- section, and the amendment made by this Secretary shall include in the report sub- lation); and section, shall take effect 30 days after the mitted under subsection (b)(2), with respect (III) the driver— date of enactment of this Act but shall not to the electromagnetic spectrum that is as- (aa) takes 2 rest breaks of 30 minutes each, affect any contract that is— signed or otherwise allocated to a Federal which may be taken separately or consecu- (1) in existence on the date that is 30 days entity as of the date of the audit— tively, at the election of the driver, during after such date of enactment; or (1) each particular band of spectrum being the period of on-duty time if the driving (2) made pursuant to an invitation for bids used by the Federal entity; time of the driver during that period of on- outstanding on the date that is 30 days after (2) a description of each purpose for which duty time is not more than 8 hours; such date of enactment. a particular band described in paragraph (1) (bb) takes 3 rest breaks of 30 minutes each, is being used, and how much of the band is which, subject to the requirement described SA 2257. Mr. LEE submitted an being used for that purpose; in section 395.3(a)(3)(ii) of that title (or a suc- amendment intended to be proposed to (3) the State or other geographic area in cessor regulation), may be taken separately amendment SA 2137 proposed by Mr. which a particular band described in para- or consecutively, at the election of the driv- SCHUMER (for Ms. SINEMA (for herself, graph (1) is assigned or allocated for use; er, during the period of on-duty time if the Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (4) whether a particular band described in driving time of the driver during that period SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. paragraph (1) is used exclusively by the Fed- of on-duty time is more than 8, but not more TESTER, Ms. MURKOWSKI, Mr. WARNER, eral entity or shared with another Federal than 10, hours; or entity or a non-Federal entity; and and Mr. ROMNEY)) to the bill H.R. 3684, (cc) takes 4 rest breaks of 30 minutes each, (5) any portion of the spectrum that is not to authorize funds for Federal-aid high- which, subject to the requirement described being used by the Federal entity. in section 395.3(a)(3)(ii) of that title (or a suc- ways, highway safety programs, and (d) FORM OF REPORT.—The report required cessor regulation), may be taken separately transit programs, and for other pur- under subsection (a)(2) shall be submitted in or consecutively, at the election of the driv- poses; which was ordered to lie on the unclassified form but may include a classi- er, during the period of on-duty time if the table; as follows: fied annex. driving time of the driver during that period At the end of the amendment, add the fol- (e) RELATION TO DEPARTMENT OF TRANSPOR- of on-duty time is more than 10, but not lowing: TATION SPECTRUM AUDIT.—The Assistant Sec- more than 12, hours; retary shall coordinate the implementation DIVISION ll—CATEGORICAL EXCLU- (D) to provide that any rest break taken by of this section with the implementation of SIONS RELATING TO EMERGING TECH- a driver shall be considered to be off-duty section 27003 (relating to an audit of Depart- NOLOGIES time excluded from the calculation of on- ment of Transportation spectrum). duty time; SEC. ll. ANNUAL REPORT ON NEW CATEGOR- (E) to provide that the driving time of a ICAL EXCLUSIONS RELATING TO Mr. LEE submitted an EMERGING TECHNOLOGIES. SA 2259. driver of a property-carrying commercial The head of each Federal agency shall sub- amendment intended to be proposed to motor vehicle begins when the driver is 150 mit to Congress an annual report on any fu- amendment SA 2137 proposed by Mr. air miles from the starting location of the ture category of actions or issues that would SCHUMER (for Ms. SINEMA (for herself, trip; and support the adoption or deployment of Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (F) to provide that, if, at the time that the emerging technologies, as determined by the SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. driver of a property-carrying commercial motor vehicle reaches 14 hours of on-duty head of a Federal agency, that have not been TESTER, Ms. MURKOWSKI, Mr. WARNER, addressed in any environmental assessment time or 12 hours of driving time, the driver and Mr. ROMNEY)) to the bill H.R. 3684, (as defined in section 1508.1 of title 40, Code is within 150 air miles of the destination of of Federal Regulations (or a successor regu- to authorize funds for Federal-aid high- the trip, as established at the outset of the lation)) conducted by that Federal agency ways, highway safety programs, and trip— but that could meet the criteria for consider- transit programs, and for other pur- (i) the driver may continue driving until ation as a categorical exclusion from the re- poses; which was ordered to lie on the that destination is reached; quirements of title I of the National Envi- table; as follows: (ii) the driving time of the driver shall ex- ronmental Policy Act of 1969 (42 U.S.C. 4331 At the appropriate place, insert the fol- clude all time— et seq.). lowing: (I) during the period beginning when the driver reaches 12 hours of driving time and lll SA 2258. Mr. LEE submitted an SEC. . REGULATION OF DRIVERS OF PROP- ending on completion of the trip; and ERTY-CARRYING COMMERCIAL amendment intended to be proposed to MOTOR VEHICLES. (II) that is necessary to reach, or otherwise amendment SA 2137 proposed by Mr. (a) DEFINITION OF SECRETARY.—In this sec- complete the trip at, that destination; and SCHUMER (for Ms. SINEMA (for herself, tion, the term ‘‘Secretary’’ means the Sec- (iii) the on-duty time of the driver shall ex- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- retary of Transportation, acting through the clude all time— (I) during the period beginning when the SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. Administrator of the Federal Motor Carrier driver reaches 14 hours of on-duty time and TESTER, Ms. MURKOWSKI, Mr. WARNER, Safety Administration. (b) HOURS OF SERVICE.— ending on completion of the trip; and and Mr. ROMNEY)) to the bill H.R. 3684, (II) during which the driver carries out an to authorize funds for Federal-aid high- (1) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the activity necessary to reach, or otherwise ways, highway safety programs, and Secretary, shall revise section 395.3 of title complete the trip at, that destination, in- transit programs, and for other pur- 49, Code of Federal Regulations— cluding any time described in paragraph (3) poses; which was ordered to lie on the (A) to increase the maximum driving time or (5) of the definition of the term ‘‘on-duty table; as follows: for a driver of a property-carrying commer- time’’ in section 395.2 of that title (or a suc- At the appropriate place, insert the fol- cial motor vehicle from 11 hours to 12 hours; cessor regulation). lowing: (B) to establish a maximum on-duty time (2) REQUIREMENT.—In carrying out para- graph (1), the Secretary shall not modify the SEC. lll. FEDERAL SPECTRUM AUDIT. of 14 hours during any 24-hour period (as de- limits described in section 395.3(b) of title 49, (a) DEFINITIONS.—In this section— fined in section 395.2 of that title (or a suc- (1) the term ‘‘Assistant Secretary’’ means cessor regulation)) for a driver of a property- Code of Federal Regulations. (c) COMMERCIAL DRIVER’S LICENSES.—Not the Assistant Secretary of Commerce for carrying commercial motor vehicle; later than 90 days after the date of enact- Communications and Information; and (C) to provide that the on-duty time of a ment of this Act, the Secretary shall revise (2) the term ‘‘Federal entity’’ has the driver of a property-carrying commercial motor vehicle may not begin unless— section 391.11 of title 49, Code of Federal Reg- meaning given the term in section 113(l) of ulations, to lower the minimum age for ob- (i)(I) the driver has first taken 10 consecu- the National Telecommunications and Infor- taining a commercial driver’s license from 21 tive hours off duty; and mation Administration Organization Act (47 to 18 years of age. U.S.C. 923(l)). (II) during the period of on-duty time, the (b) AUDIT AND REPORT.—Not later than 18 driver complies with all applicable require- SA 2260. Mr. LEE submitted an months after the date of enactment of this ments of section 395.3 of that title, including amendment intended to be proposed to Act, the Assistant Secretary, in consultation the requirement described in subsection with the head of each Federal entity, shall— (a)(3)(ii) of that section (or a successor regu- amendment SA 2137 proposed by Mr. (1) conduct an audit of the electromagnetic lation); or SCHUMER (for Ms. SINEMA (for herself, spectrum that is assigned or otherwise allo- (ii) at the election of the driver— Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- cated to each Federal entity as of the date of (I) the driver has taken 8 consecutive hours SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. the audit; and off duty; TESTER, Ms. MURKOWSKI, Mr. WARNER,

VerDate Sep 11 2014 06:32 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00134 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.061 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5663 and Mr. ROMNEY)) to the bill H.R. 3684, property for compensation or hire in aircraft tially outweigh the cost to manufacturers to authorize funds for Federal-aid high- that have eight or fewer seats, provided that and consumers of achieving compliance with ways, highway safety programs, and the person holds a private pilot certificate those requirements and standards. pursuant to subpart E of section 61 of title (c) FINAL RULE.—Not later than 2 years transit programs, and for other pur- after the date of enactment of this Act, the poses; which was ordered to lie on the 14, Code of Federal Regulations (or any suc- cessor regulation). A personal operator or a Secretary shall promulgate a final rule to table; as follows: flight operated by a personal operator does complete the rulemaking initiated under At the appropriate place, insert the fol- not constitute a common carrier, as defined subsection (a). lowing: in paragraph (48), a commercial operation re- SEC. . (a) FLIGHT SHARING FREEDOM.—Sec- quiring a certificate under part 119 or 135 of SA 2263. Mr. LEE submitted an tion 40102(a) of title 49, United States Code, title 14, Code of Federal Regulations (or any amendment intended to be proposed to is amended by adding at the end the fol- successor regulation), or a commercial oper- amendment SA 2137 proposed by Mr. lowing: ator, as defined in section 1.1 of title 14, Code SCHUMER (for Ms. SINEMA (for herself, ‘‘(48) ‘common carrier’ means a service pro- of Federal Regulations (or any successor reg- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- vided by a person that meets the following ulation).’’. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. elements: (b) REGULATIONS.—Not later than 60 days TESTER, Ms. MURKOWSKI, Mr. WARNER, ‘‘(A) holding out of a willingness to; after the date of enactment of this section, ‘‘(B) transport persons or property; and Mr. ROMNEY)) to the bill H.R. 3684, the Secretary of Transportation shall issue to authorize funds for Federal-aid high- ‘‘(C) from place to place; or revise regulations to comply with this ‘‘(D) for compensation; and section and to ensure the following: ways, highway safety programs, and ‘‘(E) without refusal unless authorized by (1) That a person who holds a pilot certifi- transit programs, and for other pur- law. cate may communicate with the public, in poses; which was ordered to lie on the In applying subparagraph (D), the term ‘com- any manner the person determines appro- table; as follows: pensation’ requires the intent to pursue priate, to facilitate an aircraft flight for At the appropriate place, insert the fol- monetary profit but does not include flights which the pilot and passengers share aircraft lowing: in which the pilot and passengers share air- operating expenses in accordance with sec- SEC. lll. REDUCING REGULATION AND CON- craft operating expenses or the pilot receives tion 61.113(c) of title 14, Code of Federal Reg- TROLLING REGULATORY COSTS. any benefit.’’. ulations (or any successor regulation) and (a) FINDINGS.—Congress finds the fol- (b) REGULATIONS.—Not later than 60 days that such flight-sharing operations under lowing: after the date of enactment of this section, section 61.113(c) of title 14, Code of Federal (1) It is the policy of the Federal Govern- the Secretary of Transportation shall issue Regulations (or any successor regulation) ment to be prudent and financially respon- or revise regulations to comply with this shall not be deemed a common carrier, as de- sible in the expenditure of funds, from both section and to ensure that a person who fined in paragraph (48) of section 40102(a) of public and private sources. holds a pilot certificate may communicate (2) In addition to the management of the with the public, in any manner the person title 49, United States Code, or a commercial operation requiring a certificate under part direct expenditure of taxpayer dollars determines appropriate, to facilitate an air- through the budgeting process, it is essential craft flight for which the pilot and pas- 119 or 135 of title 14, Code of Federal Regula- to manage the costs associated with the gov- sengers share aircraft operating expenses in tions (or any successor regulation). ernmental imposition of private expendi- accordance with section 61.113(c) of title 14, (2) That a personal operator, as defined in tures required to comply with Federal regu- Code of Federal Regulations (or any suc- paragraph (49) of section 40102(a) of title 49, lations. cessor regulation) and that such flight-shar- United States Code, operating under part 91 (3) Toward that end, it is important that ing operations under section 61.113(c) of title of title 14 Code of Federal Regulations (or for each new regulation issued, not fewer 14, Code of Federal Regulations (or any suc- any successor regulation) shall not be sub- than 2 prior regulations be identified for cessor regulation) shall not be deemed a ject to the requirements set forth in part 121, elimination, and that the cost of planned common carrier, as defined in paragraph (48) 125, or 135 of title 14, Code of Federal Regula- regulations be prudently managed and con- of section 40102(a) of title 49, United States tions (or any successor regulation). trolled through a budgeting process. Code, or a commercial operation requiring a (b) DEFINITIONS.—In this section: certificate under part 119 or 135 of title 14, SA 2262. Mr. LEE submitted an (1) AGENCY.—The term ‘‘agency’’ has the Code of Federal Regulations (or any suc- amendment intended to be proposed to amendment SA 2137 proposed by Mr. meaning given the term in section 551 of cessor regulation). title 5, United States Code. SCHUMER (for Ms. SINEMA (for herself, SA 2261. Mr. LEE submitted an (2) DIRECTOR.—The term ‘‘Director’’ means Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- the Director of the Office of Management amendment intended to be proposed to SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. and Budget. amendment SA 2137 proposed by Mr. TESTER, Ms. MURKOWSKI, Mr. WARNER, (3) EXECUTIVE ORDER 12866.—The term ‘‘Ex- SCHUMER (for Ms. SINEMA (for herself, and Mr. ROMNEY)) to the bill H.R. 3684, ecutive Order 12866’’ means Executive Order Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- to authorize funds for Federal-aid high- 12866 (58 Fed. Reg. 51735; relating to regu- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ways, highway safety programs, and latory planning and review), as amended, or TESTER, Ms. MURKOWSKI, Mr. WARNER, any successor order. transit programs, and for other pur- (4) RULE.—The term ‘‘rule’’— and Mr. ROMNEY)) to the bill H.R. 3684, poses; which was ordered to lie on the to authorize funds for Federal-aid high- (A) has the meaning given the term in sec- table; as follows: tion 551 of title 5, United States Code; and ways, highway safety programs, and At the appropriate place in division B, in- (B) does not include— transit programs, and for other pur- sert the following: (i) any rule made with respect to a mili- poses; which was ordered to lie on the SEC. ll. RULEMAKING TO CREATE A NEW CLASS tary, national security, or foreign affairs table; as follows: OF VEHICLE. function of the United States; At the appropriate place, insert the fol- (a) IN GENERAL.—Not later than 90 days (ii) any rule related to agency organiza- lowing: after the date of enactment of this Act, the tion, management, or personnel; or SEC. . (a) AVIATION EMPOWERMENT.—Sec- Secretary, acting through the Administrator (iii) any other category of rule exempted tion 40102(a) of title 49, United States Code, of the National Highway Traffic Safety Ad- by the Director. is amended by adding at the end the fol- ministration, shall initiate a rulemaking ad- (c) REGULATORY CAP.— lowing: dressing the creation of a new class of vehi- (1) IN GENERAL.—If an agency publicly pro- ‘‘(48) ‘common carrier’ means a service pro- cle that— poses for notice and comment or otherwise vided by a person that meets the following (1) is not designed, intended, or marketed promulgates a new rule, the agency shall elements: for human occupancy; and identify not fewer than 2 existing rules to be ‘‘(A) holding out of a willingness to; (2) is subject to requirements and safety repealed. ‘‘(B) transport persons or property; standards that are— (2) INCREMENTAL COST.—For each fiscal ‘‘(C) from place to place; (A) technologically and economically fea- year, the head of an agency shall ensure that ‘‘(D) for compensation; and sible for manufacturers and consumers; and the total incremental cost of all new rules, ‘‘(E) without refusal unless authorized by (B) essential for the new class of vehicle to including repealed rules, to be finalized that law. operate safely in the United States, as cer- fiscal year is not greater than zero, except as In applying subparagraph (D), the term ‘com- tified by the Secretary. provided by the Director in specifying the pensation’ requires the intent to pursue (b) COST-BENEFIT ANALYSIS.—The Sec- total incremental cost allowance for the monetary profit but does not include flights retary, in carrying out the rulemaking initi- agency under subsection (d)(4)(A). in which the pilot and passengers share air- ated under subsection (a), shall conduct a (3) OFFSET OF NEW INCREMENTAL COSTS.— craft operating expenses or the pilot receives cost-benefit analysis to ensure that the safe- (A) IN GENERAL.—In furtherance of the re- any benefit. ty benefits of the requirements and stand- quirement under paragraph (1), an agency ‘‘(49) ‘personal operator’ means a person ards for the new class of vehicle described in shall offset any new incremental costs asso- providing air transportation of persons or paragraph (2) of that subsection substan- ciated with a new rule by the elimination of

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(B), the NTIA shall publicly disclose how the with subchapter II of chapter 5 of title 5, (2) NO SUBSTANTIVE RIGHT CONFERRED.— NTIA arrived at each value estimate under United States Code, and any other applicable This section does not create any right or subsection (b), including any findings made law. benefit, substantive or procedural, enforce- under paragraph (2) of this subsection. (4) GUIDANCE.— able at law or in equity by any party against ‘‘(B) CLASSIFIED, LAW ENFORCEMENT-SEN- (A) IN GENERAL.—The Director shall pro- the United States, its departments, agencies, SITIVE, AND PROPRIETARY INFORMATION.—If vide the heads of agencies with guidance on or entities, its officers, employees, or agents, any information involved in a value estimate the implementation of this subsection. or any other person. under subsection (b), including any finding (B) CONTENTS.—The topics addressed by the made under paragraph (2) of this subsection, guidance provided under subparagraph (A) SA 2264. Mr. LEE submitted an is classified, law enforcement-sensitive, or shall include— amendment intended to be proposed to proprietary, the NTIA— (i) processes for standardizing the measure- amendment SA 2137 proposed by Mr. ‘‘(i) may not publicly disclose the classi- ment and estimation of regulatory costs; SCHUMER (for Ms. SINEMA (for herself, fied, law enforcement-sensitive, or propri- (ii) standards for determining what quali- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- etary information; and fies as new and offsetting rules; SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ‘‘(ii) shall make the classified, law enforce- (iii) standards for determining the costs of TESTER, Ms. MURKOWSKI, Mr. WARNER, ment-sensitive, or proprietary information existing rules that are considered for elimi- available to any Member of Congress, upon and Mr. ROMNEY)) to the bill H.R. 3684, nation; request, in a classified annex. (iv) processes for accounting for costs in to authorize funds for Federal-aid high- ‘‘(e) AGENCY REPORT ON VALUE OF ELECTRO- different fiscal years; ways, highway safety programs, and MAGNETIC SPECTRUM.—A Federal entity that (v) methods to oversee the issuance of transit programs, and for other pur- has been assigned or otherwise allocated use rules with costs offset by savings at different poses; which was ordered to lie on the of electromagnetic spectrum within the cov- times or different agencies; and table; as follows: ered band shall report the value of the spec- (vi) emergencies and other circumstances At the appropriate place in division F, in- trum as most recently estimated under sub- that might justify individual waivers of the sert the following: section (b)— requirements of this subsection. SEC. lllll. ESTIMATE OF VALUE OF ELEC- ‘‘(1) in the budget of the Federal entity to (C) DISCRETION OF DIRECTOR.—The Director TROMAGNETIC SPECTRUM. be included in the budget of the United shall consider phasing in and updating the (a) IN GENERAL.—Part A of the National States Government submitted by the Presi- guidance provided under subparagraph (A). Telecommunications and Information Ad- dent under section 1105 of title 31, United (d) ANNUAL REGULATORY COST SUBMISSIONS ministration Organization Act (47 U.S.C. 901 States Code; and TO OFFICE OF MANAGEMENT AND BUDGET.— et seq.) is amended— ‘‘(2) in the annual financial statement of (1) IN GENERAL.—Beginning with the Regu- (1) by redesignating section 105 (47 U.S.C. the Federal entity required to be filed under latory Plans required under Executive Order 904) as section 106; and section 3515 of title 31, United States Code.’’. 12866 for fiscal year 2022, and for each fiscal (2) by inserting after section 104 (47 U.S.C. (b) TECHNICAL AND CONFORMING AMEND- year thereafter, the head of an agency 903) the following: MENTS.—Section 103(b) of the National Tele- shall— ‘‘SEC. 105. ESTIMATE OF VALUE OF ELECTRO- communications and Information Adminis- (A) identify, for each rule that increases MAGNETIC SPECTRUM. tration Organization Act (47 U.S.C. 902(b)) is incremental cost, the offsetting rules de- ‘‘(a) DEFINITIONS.—In this section— amended— scribed in subsection (c)(3); and ‘‘(1) the term ‘covered band’ means the (1) in paragraph (1), by striking ‘‘section (B) provide the agency’s best approxima- band of frequencies between 3 kilohertz and 105(d)’’ and inserting ‘‘section 106(d)’’; and tion of the total costs or savings associated 95 gigahertz; (2) in paragraph (2), in the matter pre- with each new rule or repealed rule. ‘‘(2) the term ‘Federal entity’ has the ceding subparagraph (A), by striking ‘‘sec- (2) INCLUSION IN THE UNIFIED REGULATORY meaning given the term in section 113(l); and tion 105(d)’’ and inserting ‘‘section 106(d)’’. AGENDA.—Each rule approved by the Director ‘‘(3) the term ‘OMB’ means the Office of during the process by which the President Management and Budget. SA 2265. Mr. LEE submitted an establishes a budget under section 1105 of ‘‘(b) ESTIMATES REQUIRED.—The NTIA, in amendment intended to be proposed to title 31, United States Code, shall be in- consultation with the Commission and OMB, amendment SA 2137 proposed by Mr. cluded in the Unified Regulatory Agenda re- shall estimate the value of electromagnetic SCHUMER (for Ms. SINEMA (for herself, quired under Executive Order 12866. spectrum in the covered band that is as- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (3) LIMITATION ON ISSUANCE.—An agency signed or otherwise allocated to each Fed- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. may not issue a rule if the rule was not in- eral entity as of the date of the estimate, in TESTER, Ms. MURKOWSKI, Mr. WARNER, cluded on the most recent version or update accordance with the schedule under sub- of the published Unified Regulatory Agenda section (c). and Mr. ROMNEY)) to the bill H.R. 3684, as required under Executive Order 12866, un- ‘‘(c) SCHEDULE.—The NTIA shall conduct to authorize funds for Federal-aid high- less the issuance of the rule was approved in the estimates under subsection (b) for the ways, highway safety programs, and advance in writing by the Director. frequencies between— transit programs, and for other pur- (4) TOTAL INCREMENTAL COST.— ‘‘(1) 3 kilohertz and 33 gigahertz not later poses; which was ordered to lie on the (A) DETERMINATION BY OMB.—During the than 1 year after the date of enactment of table; as follows: process by which the President establishes a this section, and every 3 years thereafter; At the appropriate place, insert the fol- budget under section 1105 of title 31, United ‘‘(2) 33 gigahertz and 66 gigahertz not later lowing: States Code, the Director shall identify to than 2 years after the date of enactment of SEC. lll. DEPARTMENT OF DEFENSE SPEC- agencies a total amount of incremental costs this section, and every 3 years thereafter; TRUM AUDIT. that will be allowed for each agency in and (a) AUDIT AND REPORT.—Not later than 18 issuing new rules and repealing rules for the ‘‘(3) 66 gigahertz and 95 gigahertz not later months after the date of enactment of this next fiscal year. than 3 years after the date of enactment of Act, the Assistant Secretary of Commerce (B) PROHIBITION.—An agency may not issue this section, and every 3 years thereafter. for Communications and Information, in a rule during a fiscal year that causes the ‘‘(d) BASIS FOR ESTIMATE.— consultation with the Secretary of Defense, agency to exceed the total incremental cost ‘‘(1) IN GENERAL.—The NTIA shall base shall— allowance of the agency for that fiscal year each value estimate under subsection (b) on (1) conduct an audit of the electromagnetic under subparagraph (A) unless approved in the value that the electromagnetic spectrum spectrum that is assigned or otherwise allo- writing by the Director. would have if the spectrum were reallocated cated to the Department of Defense as of the (C) TOTAL REGULATORY COST.—The total in- for the use with the highest potential value date of the audit; and cremental cost allowance of an agency for a of licensed or unlicensed commercial wire- (2) submit to Congress, and make available fiscal year may allow an increase or require less services that do not have access to that to each Member of Congress upon request, a a reduction in total regulatory cost for that spectrum as of the date of the estimate. report containing the results of the audit fiscal year. ‘‘(2) CONSIDERATION OF GOVERNMENT CAPA- conducted under paragraph (1). (5) GUIDANCE.—The Director shall provide BILITIES.—In estimating the value of spec- (b) CONTENTS OF REPORT.—The Assistant the heads of agencies with guidance on the trum under subsection (b), the NTIA may Secretary of Commerce for Communications implementation of the requirements under consider the spectrum needs of commercial and Information shall include in the report this subsection. interests while preserving the spectrum ac- submitted under subsection (a)(2), with re- (e) GENERAL PROVISIONS.— cess necessary to satisfy mission require- spect to the electromagnetic spectrum that (1) RULE OF CONSTRUCTION.—Nothing in this ments and operations of Federal entities. is assigned or otherwise allocated to the De- section shall be construed to impair or oth- ‘‘(3) DYNAMIC SCORING.—To the greatest ex- partment of Defense as of the date of the erwise affect— tent practicable, the NTIA shall incorporate audit—

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(1) each particular band of spectrum being ‘‘(1) FEDERAL AGENCY.—The term ‘Federal ‘‘(aa) NOTIFICATION.—As soon as prac- used by the Department of Defense; agency’ includes a State that has assumed ticable after the date described in section (2) a description of each purpose for which the responsibility of a Federal agency 109(3)(B)(i) for a proposed action of a Federal a particular band described in paragraph (1) under— agency, the head of the Federal agency shall is being used, and how much of the band is ‘‘(A) section 107; or notify the Director that the head of the Fed- being used for that purpose; ‘‘(B) section 327 of title 23, United States eral agency is beginning the NEPA process (3) the State or other geographic area in Code. for that proposed action. which a particular band described in para- ‘‘(2) HEAD OF A FEDERAL AGENCY.—The term ‘‘(bb) DETERMINATIONS OF COMPLIANCE.— graph (1) is assigned or allocated for use; ‘head of a Federal agency’ includes the gov- ‘‘(AA) INITIAL DETERMINATION.—As soon as (4) whether a particular band described in ernor or head of an applicable State agency practicable after the initial NEPA compli- paragraph (1) is used exclusively by the De- of a State that has assumed the responsi- ance date for a proposed action, the Director partment of Defense or shared with another bility of a Federal agency under— shall determine whether, as of the initial Federal entity or a non-Federal entity; and ‘‘(A) section 107; or NEPA compliance date, the head of the Fed- (5) any portion of the spectrum that is not ‘‘(B) section 327 of title 23, United States eral agency has complied with subparagraph being used by the Department of Defense. Code. (B) for that proposed action. (c) FORM OF REPORT.—The report required ‘‘(b) APPLICABLE TIMELINES.— ‘‘(BB) ENVIRONMENTAL IMPACT STATE- under subsection (a)(2) shall be submitted in ‘‘(1) NEPA PROCESS.— MENT.—With respect to a proposed action of unclassified form but may include a classi- ‘‘(A) IN GENERAL.—The head of a Federal a Federal agency in which the head of the fied annex. agency shall complete the NEPA process for Federal agency publishes a notice of intent a proposed action of the Federal agency, as described in subparagraph (B)(ii), as soon as SA 2266. Mr. LEE submitted an described in section 109(3)(B)(ii), not later practicable after the initial EIS compliance amendment intended to be proposed to than 2 years after the date described in sec- date for a proposed action, the Director shall amendment SA 2137 proposed by Mr. tion 109(3)(B)(i). determine whether, as of the initial EIS SCHUMER (for Ms. SINEMA (for herself, ‘‘(B) ENVIRONMENTAL DOCUMENTS.—Within compliance date, the head of the Federal the period described in subparagraph (A), not Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- agency has complied with subparagraph (C) later than 1 year after the date described in for that proposed action. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. section 109(3)(B)(i), the head of the Federal ‘‘(CC) COMPLETION OF NEPA PROCESS.—As TESTER, Ms. MURKOWSKI, Mr. WARNER, agency shall, with respect to the proposed soon as practicable after the final NEPA and Mr. ROMNEY)) to the bill H.R. 3684, action— compliance date for a proposed action, the to authorize funds for Federal-aid high- ‘‘(i) issue— Director shall determine whether, as of the ways, highway safety programs, and ‘‘(I) a finding that a categorical exclusion final NEPA compliance date, the head of the transit programs, and for other pur- applies to the proposed action; or Federal agency has complied with subpara- poses; which was ordered to lie on the ‘‘(II) a finding of no significant impact; or graph (A) for that proposed action. table; as follows: ‘‘(ii) publish a notice of intent to prepare ‘‘(II) IDENTIFICATION; PENALTY; NOTIFICA- an environmental impact statement in the TION.—If the Director makes an initial non- Strike section 11513 and insert the fol- Federal Register. compliance determination for a proposed ac- lowing: ‘‘(C) ENVIRONMENTAL IMPACT STATEMENT.— tion— SEC. 11513. REPEAL OF BUY AMERICA REQUIRE- If the head of a Federal agency publishes a ‘‘(aa) the Director shall identify the ac- MENTS. notice of intent described in subparagraph count for the salaries and expenses of the of- (a) IN GENERAL.—Section 313 of title 23, (B)(ii), within the period described in sub- United States Code, is repealed. fice of the head of the Federal agency, or an paragraph (A) and not later than 1 year after (b) CONFORMING AMENDMENTS.— equivalent account; (1) The analysis for chapter 3 of title 23, the date on which the head of the Federal ‘‘(bb) beginning on the day after the date United States Code, is amended by striking agency publishes the notice of intent, the on which the Director makes the initial non- the item relating to section 313. head of the Federal agency shall complete compliance determination, the amount that (2) Section 117 of the SAFETEA–LU Tech- the environmental impact statement and, if the head of the Federal agency may obligate necessary, any supplemental environmental nical Corrections Act of 2008 (23 U.S.C. 313 from the account identified under item (aa) impact statement for the proposed action. note; Public Law 110–244) is repealed. for the fiscal year during which the deter- ‘‘(D) PENALTIES.— (3) The table of contents in section 1(b) of mination is made shall be reduced by 0.5 per- ‘‘(i) DEFINITIONS.—In this subparagraph: the SAFETEA–LU Technical Corrections Act cent from the amount initially made avail- ‘‘(I) DIRECTOR.—The term ‘Director’ means of 2008 (Public Law 110–244; 122 Stat. 1572) is able for the account for that fiscal year; and the Director of the Office of Management amended by striking the item relating to ‘‘(cc) the Director shall notify the head of and Budget. the Federal agency of— section 117. ‘‘(II) FEDERAL AGENCY.—The term ‘Federal ‘‘(AA) the initial noncompliance deter- (4) Section 122 of title I of division L of the agency’ does not include a State. mination; Consolidated Appropriations Act, 2021 (23 ‘‘(III) FINAL NEPA COMPLIANCE DATE.—The ‘‘(BB) the account identified under item U.S.C. 313 note; Public Law 116–260) is re- term ‘final NEPA compliance date’, with re- (aa); and pealed. spect to a proposed action, means the date ‘‘(CC) the reduction under item (bb). SA 2267. Mr. LEE submitted an by which the head of a Federal agency is re- ‘‘(iii) CONTINUED NONCOMPLIANCE.— amendment intended to be proposed to quired to complete the NEPA process under ‘‘(I) DETERMINATION.—Every 90 days after subparagraph (A). the date of an initial noncompliance deter- amendment SA 2137 proposed by Mr. ‘‘(IV) HEAD OF A FEDERAL AGENCY.—The mination, the Director shall determine SCHUMER (for Ms. SINEMA (for herself, term ‘head of a Federal agency’ does not in- whether the head of the Federal agency has Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- clude the governor or head of a State agency complied with the applicable requirements of SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. of a State. subparagraphs (A) through (C) for the pro- TESTER, Ms. MURKOWSKI, Mr. WARNER, ‘‘(V) INITIAL EIS COMPLIANCE DATE.—The posed action, until the date on which the Di- and Mr. ROMNEY)) to the bill H.R. 3684, term ‘initial EIS compliance date’, with re- rector determines that the head of the Fed- to authorize funds for Federal-aid high- spect to a proposed action for which a Fed- eral agency has completed the NEPA process ways, highway safety programs, and eral agency published a notice of intent de- for the proposed action. transit programs, and for other pur- scribed in subparagraph (B)(ii), means the ‘‘(II) PENALTY; NOTIFICATION.—For each de- poses; which was ordered to lie on the date by which an environmental impact termination made by the Director under sub- statement for that proposed action is re- clause (I) that the head of a Federal agency table; as follows: quired to be completed under subparagraph has not complied with a requirement of sub- At the end, add the following: (C). paragraph (A), (B), or (C) for a proposed ac- DIVISION ll—NATIONAL ENVIRON- ‘‘(VI) INITIAL NEPA COMPLIANCE DATE.—The tion— MENTAL POLICY ACT MODIFICATIONS term ‘initial NEPA compliance date’, with ‘‘(aa) the amount that the head of the Fed- SEC. lll. NATIONAL ENVIRONMENTAL POLICY respect to a proposed action, means the date eral agency may obligate from the account ACT MODIFICATIONS. by which the head of a Federal agency is re- identified under clause (ii)(II)(aa) for the fis- (a) NATIONAL ENVIRONMENTAL POLICY ACT quired to issue or publish a document de- cal year during which the most recent deter- MODIFICATIONS.— scribed in subparagraph (B) for that proposed mination under subclause (I) is made shall be (1) APPLICABLE TIMELINES.—Title I of the action under that subparagraph. reduced by 0.5 percent from the amount ini- National Environmental Policy Act of 1969 is ‘‘(VII) INITIAL NONCOMPLIANCE DETERMINA- tially made available for the account for amended— TION.—The term ‘initial noncompliance de- that fiscal year; and (A) by redesignating section 105 (42 U.S.C. termination’ means a determination under ‘‘(bb) the Director shall notify the head of 4335) as section 108; and clause (ii)(I)(bb) that the head of a Federal the Federal agency of— (B) by inserting after section 104 (42 U.S.C. agency has not complied with the require- ‘‘(AA) the determination under subclause 4334) the following: ments of subparagraph (A), (B), or (C). (I); and ‘‘SEC. 105. PROCESS REQUIREMENTS. ‘‘(ii) INITIAL NONCOMPLIANCE.— ‘‘(BB) the reduction under item (aa). ‘‘(a) DEFINITIONS.—In this section: ‘‘(I) DETERMINATION.— ‘‘(iv) REQUIREMENTS.—

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‘‘(I) AMOUNTS NOT RESTORED.—A reduction mitigation measures, or adaptation meas- document to achieve compliance with this in the amount that the head of a Federal ures of the proposed action or alternative to title— agency may obligate under clause (ii)(II)(bb) the proposed action, has an effect on climate ‘‘(i) an environmental document prepared or (iii)(II)(aa) during a fiscal year shall not change; under the law of the applicable State if the be restored for that fiscal year, without re- ‘‘(2) with respect to a proposed action or an head of the Federal agency determines that gard to whether the head of a Federal agency alternative to the proposed action considered the environmental laws of the applicable completes the NEPA process for the proposed by the head of the Federal agency, consider State— action with respect to which the Director the effects of the emission of greenhouse ‘‘(I) provide the same level of environ- made an initial noncompliance determina- gases on climate change; mental analysis as the analysis required tion or a determination under clause (iii)(I). ‘‘(3) consider an alternative to the pro- under this title; and ‘‘(II) REQUIRED TIMELINES.—The violation posed action if the proposed action is not ‘‘(II) allow for the opportunity of public of subparagraph (B) or (C), and any action technically or economically feasible to the comment; or carried out to remediate or otherwise ad- project sponsor; or ‘‘(ii) subject to paragraph (3), an environ- dress the violation, shall not affect any ‘‘(4) consider an alternative to the pro- mental document prepared by a qualified other applicable compliance date under sub- posed action that is not within the jurisdic- third party chosen by the project sponsor, at paragraph (A), (B), or (C). tion of the Federal agency. the expense of the project sponsor, if the ‘‘(E) UNEXPECTED CIRCUMSTANCES.—If, ‘‘(d) ENVIRONMENTAL DOCUMENTS.— head of the Federal agency— while carrying out a proposed action after ‘‘(1) EIS REQUIRED.—In carrying out the ‘‘(I) provides oversight of the preparation the completion of the NEPA process for that NEPA process for a proposed action that re- of the environmental document by the third proposed action, a Federal agency or project quires the preparation of an environmental party; and sponsor encounters a new or unexpected cir- impact statement, the head of a Federal ‘‘(II) independently evaluates the environ- cumstance or condition that may require the agency shall produce for the proposed action mental document for the compliance of the reevaluation of the proposed action under not more than 1— environmental document with this title. this title, the head of the Federal agency ‘‘(A) environmental impact statement; ‘‘(2) REQUIREMENT FOR THE REUSE OF FIND- with responsibility for carrying out the ‘‘(B) if necessary, environmental assess- INGS AND RESEARCH.—The head of a Federal NEPA process for the proposed action shall— ment; and agency may reuse the applicable findings ‘‘(i) consider whether mitigating the new ‘‘(C) record of decision. and research described in paragraph (1)(A) or unexpected circumstance or condition is ‘‘(2) EIS NOT REQUIRED.—In carrying out if— sufficient to avoid significant effects that the NEPA process for a proposed action that ‘‘(A)(i) the project for which the head of may result from the circumstance or condi- does not require the preparation of an envi- the Federal agency is seeking to reuse the tion; and ronmental impact statement, the head of a findings and research was in close geographic ‘‘(ii) if the head of the Federal agency de- Federal agency shall produce for the pro- proximity to the proposed action; and termines under clause (i) that the significant posed action not more than 1— ‘‘(ii) the head of the Federal agency deter- effects that result from the circumstance or ‘‘(A) environmental assessment; or mines that the conditions under which the condition can be avoided, mitigate the cir- ‘‘(B) finding of no significant impact. applicable findings and research were issued cumstance or condition without carrying out ‘‘(e) CATEGORICAL EXCLUSIONS.— have not substantially changed; or the NEPA process again. ‘‘(1) IN GENERAL.—Notwithstanding any ‘‘(B)(i) the project for which the head of ‘‘(2) AUTHORIZATIONS AND PERMITS.— other provision of law and subject to para- the Federal agency is seeking to reuse the ‘‘(A) IN GENERAL.—Not later than 90 days graph (2), the head of a Federal agency may, findings and research was not in close geo- after the date described in section without further approval, use a categorical graphic proximity to the proposed action; 109(3)(B)(ii), the head of a Federal agency exclusion under this title that has been ap- and shall issue— proved by— ‘‘(ii) the head of the Federal agency deter- ‘‘(i) any necessary permit or authorization ‘‘(A)(i) another Federal agency; and mines that the proposed action has similar to carry out the proposed action; or ‘‘(ii) the Council on Environmental Qual- issues or decisions as the project. ‘‘(ii) a denial of the permit or authoriza- ity; or ‘‘(3) REQUIREMENTS FOR CREATION OF ENVI- tion necessary to carry out the proposed ac- ‘‘(B) an Act of Congress. RONMENTAL DOCUMENT BY QUALIFIED 3RD PAR- tion. ‘‘(2) REQUIREMENTS.—The head of a Federal TIES.— ‘‘(B) EFFECT OF FAILURE TO ISSUE AUTHOR- agency may use a categorical exclusion de- ‘‘(A) IN GENERAL.—A qualified third party IZATION OR PERMIT.—If a permit or authoriza- scribed in paragraph (1) if the head of the may prepare an environmental document in- tion described in subparagraph (A) is not Federal agency— tended to be adopted by a Federal agency as issued or denied within the period described ‘‘(A) carefully reviews the description of the environmental impact statement, envi- in that subparagraph, the permit or author- the proposed action to ensure that it fits ronmental assessment, or other environ- ization shall be considered to be approved. within the category of actions described in mental document for a proposed action ‘‘(C) DENIAL OF PERMIT OR AUTHORIZATION.— the categorical exclusion; and under paragraph (1)(B)(ii) if— ‘‘(i) IN GENERAL.—If a permit or authoriza- ‘‘(B) considers the circumstances associ- ‘‘(i) the project sponsor submits a written tion described in subparagraph (A) is denied, ated with the proposed action to ensure that request to the head of the applicable Federal the head of the Federal agency shall describe there are no extraordinary circumstances agency that the head of the Federal agency to the project sponsor— that warrant the preparation of an environ- approve the qualified third party to create ‘‘(I) the basis of the denial; and mental assessment or an environmental im- the document intended to be adopted by a ‘‘(II) recommendations for the project pact statement. Federal agency as the environmental impact sponsor with respect to how to address the ‘‘(3) EXTRAORDINARY CIRCUMSTANCES.—If statement, environmental assessment, or reasons for the denial. the head of a Federal agency determines that other environmental document; and ‘‘(ii) RECOMMENDED CHANGES.—If the extraordinary circumstances are present ‘‘(ii) the head of the Federal agency deter- project sponsor carries out the recommenda- with respect to a proposed action, the head mines that— tions of the head of the Federal agency under of the Federal agency shall— ‘‘(I) the third party is qualified to prepare clause (i)(II) and notifies the head of the ‘‘(A) consider whether mitigating cir- the document; and Federal agency that the recommendations cumstances or other conditions are sufficient ‘‘(II) the third party has no financial or have been carried out, the head of the Fed- to avoid significant effects of the proposed other interest in the outcome of the pro- eral agency— action; and posed action. ‘‘(I) shall decide whether to issue the per- ‘‘(B) if the head of the Federal agency de- ‘‘(B) DEADLINE.—The head of a Federal mit or authorization described in subpara- termines that those significant effects can be agency that receives a written request under graph (A) not later than 90 days after date on avoided, apply a categorical exclusion to the subparagraph (A)(i) shall issue a written de- which the project sponsor submitted the no- proposed action. cision approving or denying the request not tification; and ‘‘(f) REUSE OF WORK; DOCUMENTS PREPARED later than 30 days after the date on which ‘‘(II) shall not carry out the NEPA process BY QUALIFIED 3RD PARTIES.— the written request is received. with respect to the proposed action again.’’. ‘‘(1) IN GENERAL.—In carrying out the ‘‘(C) NO PRIOR WORK.—The head of a Fed- (2) AGENCY PROCESS REFORMS.—Section 105 NEPA process for a proposed action— eral agency may not adopt an environmental of the National Environmental Policy Act of ‘‘(A) subject to paragraph (2), the head of a document under paragraph (1)(B)(ii) if the 1969 (42 U.S.C. 4321 et seq.) (as added by para- Federal agency shall— qualified third party began preparing the graph (1)(B)) is amended by adding at the end ‘‘(i) use any applicable findings and re- document prior to the date on which the the following: search from a prior NEPA process of any head of the Federal agency issues the writ- ‘‘(c) PROHIBITIONS.—In carrying out the Federal agency; and ten decision under subparagraph (B) approv- NEPA process, the head of a Federal agency ‘‘(ii) incorporate the findings and research ing the request. may not— described in clause (i) into any applicable ‘‘(D) DENIALS.—If the head of a Federal ‘‘(1) consider whether a proposed action or analysis under the NEPA process; and agency issues a written decision denying the an alternative to the proposed action consid- ‘‘(B) a Federal agency may adopt as an en- request under subparagraph (A)(i), the head ered by the head of the Federal agency, in- vironmental impact statement, environ- of the Federal agency shall submit to the cluding the design, environmental impact, mental assessment, or other environmental project sponsor with the written decision the

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The lead agency for a proposed action shall— statement is being drafted. ‘‘(3) REMEDIES.— ‘‘(A) as soon as practicable and in con- ‘‘(A) PRELIMINARY INJUNCTIONS AND TEM- ‘‘(2) NEPA COSTS.— sultation with the cooperating agencies, de- PORARY RESTRAINING ORDERS.— ‘‘(A) IN GENERAL.—Not later than 1 year termine whether a proposed action requires after the date of enactment of this sub- ‘‘(i) IN GENERAL.—Subject to clause (ii), in the preparation of an environmental impact a motion for a temporary restraining order section, the Chair of the Council on Environ- statement; and or preliminary injunction against a Federal mental Quality and the Director of the Office ‘‘(B) if the head of the lead agency deter- agency or project sponsor in a claim arising of Management and Budget shall jointly de- mines under subparagraph (A) that an envi- under Federal law seeking judicial review of velop a methodology to assess the com- ronmental impact statement is necessary— any portion of the NEPA process, the plain- prehensive costs of the NEPA process. ‘‘(i) be responsible for coordinating the tiff shall establish by clear and convincing ‘‘(B) REQUIREMENTS.—The head of each preparation of an environmental impact evidence that— Federal agency that carries out the NEPA statement; ‘‘(I) the plaintiff is likely to succeed on the process shall— ‘‘(ii) provide cooperating agencies with an merits; ‘‘(i) adopt the methodology developed opportunity to review and contribute to the ‘‘(II) the plaintiff is likely to suffer irrep- under subparagraph (A); and preparation of the environmental impact arable harm in the absence of the temporary statement and environmental assessment, as ‘‘(ii) use the methodology developed under restraining order or preliminary injunction, applicable, of the proposed action, except subparagraph (A) to annually submit to Con- as applicable; that the cooperating agency shall limit com- gress a report describing— ‘‘(III) the balance of equities is tipped in ments to issues within the special expertise ‘‘(I) the comprehensive cost of the NEPA the favor of the plaintiff; and or jurisdiction of the cooperating agency; process for each proposed action that was ‘‘(IV) the temporary restraining order or and carried out within the reporting period; and preliminary injunction is in the public inter- ‘‘(iii) subject to subsection (c), as soon as ‘‘(II) for a proposed action for which the est. practicable and in consultation with the co- head of the Federal agency is still com- ‘‘(ii) ADDITIONAL REQUIREMENTS.—A court operating agencies, determine the range of pleting the NEPA process at the time the re- may not grant a motion described in clause alternatives to be considered for the pro- port is submitted— (i) unless the court— posed action. ‘‘(aa) the amount of money expended to ‘‘(I) makes a finding of extraordinary cir- ‘‘(4) ENVIRONMENTAL DOCUMENTS.—In car- date to carry out the NEPA process for the cumstances that warrant the granting of the rying out the NEPA process for a proposed proposed action; and motion; action, the lead agency shall prepare not ‘‘(bb) an estimate of the remaining costs ‘‘(II) considers the potential effects on pub- more than 1 of each type of document de- before the NEPA process for the proposed ac- lic health, safety, and the environment, and scribed in paragraph (1) or (2) of subsection tion is complete.’’. the potential for significant negative effects (d), as applicable— (3) LEGAL REFORMS.—Section 105 of the Na- on jobs resulting from granting the motion; ‘‘(A) in consultation with cooperating tional Environmental Policy Act of 1969 (42 and agencies; and U.S.C. 4321 et seq.) (as amended by paragraph ‘‘(III) notwithstanding any other provision ‘‘(B) for all applicable Federal agencies. (2)) is amended by adding at the end the fol- of law, applies the requirements of Rule 65(c) ‘‘(5) PROHIBITIONS.— lowing: of the Federal Rules of Civil Procedure. ‘‘(A) IN GENERAL.—A cooperating agency ‘‘(i) JUDICIAL REVIEW.— ‘‘(B) PERMANENT INJUNCTIONS.— may not evaluate an alternative to the pro- ‘‘(1) STANDING.—Notwithstanding any ‘‘(i) IN GENERAL.—Subject to clause (ii), in posed action that has not been determined to other provision of law, a plaintiff may only a motion for a permanent injunction against be within the range of alternatives consid- bring a claim arising under Federal law a Federal agency or project sponsor a claim ered under paragraph (3)(B)(iii). seeking judicial review of a portion of the arising under Federal law seeking judicial ‘‘(B) OMISSION.—If a cooperating agency NEPA process if the plaintiff pleads facts review of any portion of the NEPA process, submits to the lead agency an evaluation of that allege that the plaintiff has personally the plaintiff shall establish by clear and con- an alternative that does not meet the re- suffered, or will likely personally suffer, a vincing evidence that— quirements of subsection (c), the lead agency direct, tangible harm as a result of the por- ‘‘(I) the plaintiff has suffered an irrep- shall omit the alternative from the environ- tion of the NEPA process for which the arable injury; mental impact statement. plaintiff is seeking review. ‘‘(II) remedies available at law, including ‘‘(h) REPORTS.— ‘‘(2) STATUTE OF LIMITATIONS.— monetary damages, are inadequate to com- ‘‘(1) NEPA DATA.— ‘‘(A) IN GENERAL.—Notwithstanding any pensate for the injury; ‘‘(A) IN GENERAL.—The head of each Fed- other provision of law and except as provided ‘‘(III) considering the balance of hardship eral agency that carries out the NEPA proc- in subparagraph (B)(ii), a claim arising under between the plaintiff and defendant, a rem- ess shall carry out a process to track, and Federal law seeking judicial review of any edy in equity is warranted; annually submit to Congress a report con- portion of the NEPA process shall be barred ‘‘(IV) the public interest is not disserved taining, the information described in sub- unless it is filed not later than the earlier by a permanent injunction; and paragraph (B). of— ‘‘(V) if the error or omission of a Federal ‘‘(B) INFORMATION DESCRIBED.—The infor- ‘‘(i) 150 days after the final agency action agency in a statement required under this mation referred to in subparagraph (A) is, under the NEPA process has been taken; and title is the grounds for which the plaintiff is

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seeking judicial review, the error or omis- ‘‘(iii) the head of the Federal agency may ‘‘(5) OTHER FEDERAL AGENCY VIEWS.—If a sion is likely to result in specific, irrep- not assign responsibility for any conformity State applies to assume a responsibility of arable damage to the environment. determination required under section 176 of the Federal agency that would have required ‘‘(ii) ADDITIONAL SHOWING.—A court may the Clean Air Act (42 U.S.C. 7506). the head of the Federal agency to consult not grant a motion described in clause (i) un- ‘‘(D) PROCEDURAL AND SUBSTANTIVE RE- with the head of another Federal agency, the less— QUIREMENTS.—A State shall assume responsi- head of the Federal agency shall solicit the ‘‘(I) the court makes a finding that ex- bility under this section subject to the same views of the head of the other Federal agen- traordinary circumstances exist that war- procedural and substantive requirements as cy before approving the application. rant the granting of the motion; and would apply if that responsibility were car- ‘‘(d) WRITTEN AGREEMENT.—A written ‘‘(II) the permanent injunction is— ried out by the Federal agency. agreement under subsection (b)(2)(A) shall— ‘‘(aa) as narrowly tailored as possible to ‘‘(E) FEDERAL RESPONSIBILITY.—Any re- ‘‘(1) be executed by the Governor or the correct the injury; and sponsibility of a Federal agency not explic- top-ranking official in the State who is ‘‘(bb) the least intrusive means necessary itly assumed by the State by written agree- charged with responsibility for the project; to correct the injury.’’. ment under subparagraph (A) shall remain ‘‘(2) be in such form as the head of the Fed- (4) OTHER REFORMS.—Title I of the Na- the responsibility of the Federal agency. eral agency may prescribe; tional Environmental Policy Act of 1969 (42 ‘‘(F) NO EFFECT ON AUTHORITY.—Nothing in ‘‘(3) provide that the State— U.S.C. 4321 et seq.) is amended by inserting this section preempts or interferes with any ‘‘(A) agrees to assume all or part of the re- after section 105 (as amended by paragraph power, jurisdiction, responsibility, or au- sponsibilities of the Federal agency de- (3)) the following: thority of an agency, other than the Federal scribed in subparagraphs (A) and (C) of sub- ‘‘SEC. 106. EPA REVIEW. agency for which the written agreement ap- section (b)(2); ‘‘(a) DEFINITION OF FEDERAL AGENCY.—In plies, under applicable law (including regula- ‘‘(B) expressly consents, on behalf of the this section, the term ‘Federal agency’ in- tions) with respect to a project. State, to accept the jurisdiction of the Fed- cludes a State that has assumed the respon- ‘‘(G) PRESERVATION OF FLEXIBILITY.—The eral courts for the compliance, discharge, sibility of a Federal agency under— head of the Federal agency may not require and enforcement of any responsibility of the ‘‘(1) section 107; or a State, as a condition of participation in Federal agency assumed by the State; ‘‘(2) section 327 of title 23, United States the agency program of the Federal agency, ‘‘(C) certifies that State laws (including Code. to forego project delivery methods that are regulations) are in effect that— ‘‘(b) EPA COMMENTS.—The Administrator otherwise permissible for projects under ap- ‘‘(i) authorize the State to take the actions of the Environmental Protection Agency (re- plicable law. necessary to carry out the responsibilities ferred to in this section as the ‘Adminis- ‘‘(H) LEGAL FEES.—A State assuming the being assumed; and trator’) may comment on a draft or final responsibilities of a Federal agency under ‘‘(ii) are comparable to section 552 of title this section for a specific project may use submission of an environmental impact 5, including providing that any decision re- funds awarded to the State for that project statement from any Federal agency. garding the public availability of a docu- ‘‘(c) TECHNICAL ASSISTANCE.—The Adminis- for attorneys’ fees directly attributable to ment under those State laws is reviewable by trator may, on request of a Federal agency eligible activities associated with the a court of competent jurisdiction; and preparing a draft or final environmental im- project. ‘‘(D) agrees to maintain the financial re- pact statement, provide technical assistance ‘‘(c) STATE PARTICIPATION.— sources necessary to carry out the respon- in the completion of that environmental im- ‘‘(1) PARTICIPATING STATES.—Except as pro- pact statement. vided in subsection (b)(2)(B), all States are sibilities being assumed; ‘‘(4) require the State to provide to the ‘‘SEC. 107. PROJECT DELIVERY PROGRAMS. eligible to participate in an agency program. head of the Federal agency any information ‘‘(a) DEFINITION OF AGENCY PROGRAM.—In ‘‘(2) APPLICATION.—Not later than 270 days this section, the term ‘agency program’ after the date of enactment of this section, the head of the Federal agency reasonably means a project delivery program estab- the head of each Federal agency shall amend, considers necessary to ensure that the State lished by a Federal agency under subsection as appropriate, regulations that establish re- is adequately carrying out the responsibil- (b)(1). quirements relating to information required ities assigned to the State; ‘‘(b) ESTABLISHMENT.— to be contained in any application of a State ‘‘(5) have a term of not more than 5 years; ‘‘(1) IN GENERAL.—The head of each Federal to participate in the agency program, includ- and agency, including the Secretary of Transpor- ing, at a minimum— ‘‘(6) be renewable. tation, shall carry out a project delivery pro- ‘‘(A) the projects or classes of projects for ‘‘(e) JURISDICTION.— gram. which the State anticipates exercising the ‘‘(1) IN GENERAL.—The United States dis- ‘‘(2) ASSUMPTION OF RESPONSIBILITY.— authority that may be granted under the trict courts shall have exclusive jurisdiction ‘‘(A) IN GENERAL.—Subject to subparagraph agency program; over any civil action against a State for fail- (B), the head of each Federal agency shall, ‘‘(B) verification of the financial resources ure to carry out any responsibility of the on request of a State, enter into a written necessary to carry out the authority that State under this section. agreement with the State, which may be in may be granted under the agency program; ‘‘(2) LEGAL STANDARDS AND REQUIRE- the form of a memorandum of under- and MENTS.—A civil action under paragraph (1) standing, in which the head of each Federal ‘‘(C) evidence of the notice and solicitation shall be governed by the legal standards and agency may assign, and the State may as- of public comment by the State relating to requirements that would apply in such a sume, the responsibilities of the head of the participation of the State in the agency pro- civil action against the head of a Federal Federal agency under this title with respect gram, including copies of comments received agency had the head of the Federal agency to 1 or more projects within the State that from that solicitation. taken the actions in question. are under the jurisdiction of the Federal ‘‘(3) PUBLIC NOTICE.— ‘‘(3) INTERVENTION.—The head of a Federal agency. ‘‘(A) IN GENERAL.—Each State that submits agency shall have the right to intervene in ‘‘(B) EXCEPTION.—The head of a Federal an application under this subsection shall any action described in paragraph (1). agency shall not enter into a written agree- give notice of the intent of the State to par- ‘‘(f) EFFECT OF ASSUMPTION OF RESPONSI- ment under subparagraph (A) if the head of ticipate in an agency program not later than BILITY.—A State that assumes responsibility the Federal agency determines that the 30 days before the date of submission of the under subsection (b)(2) shall be solely re- State is not in compliance with the require- application. sponsible and solely liable for carrying out, ments described in subsection (c)(4). ‘‘(B) METHOD OF NOTICE AND SOLICITATION.— in lieu of and without further approval of the ‘‘(C) ADDITIONAL RESPONSIBILITY.—If a The State shall provide notice and solicit head of the Federal agency, the responsibil- State assumes responsibility under subpara- public comment under this paragraph by ities assumed under subsection (b)(2), until graph (A)— publishing the complete application of the the agency program is terminated under sub- ‘‘(i) the head of the Federal agency may as- State in accordance with the appropriate section (k). sign to the State, and the State may assume, public notice law of the State. ‘‘(g) LIMITATIONS ON AGREEMENTS.—Noth- all or part of the responsibilities of the head ‘‘(4) SELECTION CRITERIA.—The head of a ing in this section permits a State to assume of the Federal agency for environmental re- Federal agency may approve the application any rulemaking authority of the head of a view, consultation, or other action required of a State under this section only if— Federal agency under any Federal law. under any Federal environmental law per- ‘‘(A) the regulatory requirements under ‘‘(h) AUDITS.— taining to the review or approval of a spe- paragraph (2) have been met; ‘‘(1) IN GENERAL.—To ensure compliance by cific project; ‘‘(B) the head of the Federal agency deter- a State with any agreement of the State ‘‘(ii) at the request of the State, the head mines that the State has the capability, in- under subsection (d) (including compliance of the Federal agency may also assign to the cluding financial and personnel, to assume by the State with all Federal laws for which State, and the State may assume, the re- the responsibility; and responsibility is assumed under subsection sponsibilities of the head of the Federal ‘‘(C) the head of the State agency having (b)(2)), for each State participating in an agency under this title with respect to 1 or primary jurisdiction over the project enters agency program, the head of a Federal agen- more projects within the State that are into a written agreement with the head of cy shall— under the jurisdiction of the Federal agency; the Federal agency as described in sub- ‘‘(A) not later than 180 days after the date but section (d). of execution of the agreement, meet with the

VerDate Sep 11 2014 05:09 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00140 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.057 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5669 State to review implementation of the agree- pating in the agency program of the Federal may continue to enforce any agreement en- ment and discuss plans for the first annual agency. tered into under this section before the date audit; ‘‘(m) RELATIONSHIP TO LOCALLY ADMINIS- of enactment of this subsection.’’. ‘‘(B) conduct annual audits during each of TERED PROJECTS.—A State granted authority (b) ATTORNEY FEES IN ENVIRONMENTAL LITI- the first 4 years of State participation; and under an agency program may, as appro- GATION.— ‘‘(C) ensure that the time period for com- priate and at the request of a local govern- (1) ADMINISTRATIVE PROCEDURE.—Section pleting an annual audit, from initiation to ment— 504(b)(1) of title 5, United States Code, is completion (including public comment and ‘‘(1) exercise that authority on behalf of amended— responses to those comments), does not ex- the local government for a locally adminis- (A) in subparagraph (E), by striking ‘‘and’’ ceed 180 days. tered project; or at the end; ‘‘(2) PUBLIC AVAILABILITY AND COMMENT.— ‘‘(2) provide guidance and training on con- (B) in subparagraph (F), by striking the pe- ‘‘(A) IN GENERAL.—An audit conducted solidating and minimizing the documenta- riod at the end and inserting ‘‘; and’’; and under paragraph (1) shall be provided to the tion and environmental analyses necessary (C) by adding at the end the following: public for comment. for sponsors of a locally administered project ‘‘(G) ‘special factor’ does not include ‘‘(B) RESPONSE.—Not later than 60 days to comply with this title and any com- knowledge, expertise, or skill in environ- after the date on which the period for public parable requirements under State law.’’. mental litigation.’’. comment ends, the head of the Federal agen- (5) PROHIBITION ON GUIDANCE.—No Federal (2) UNITED STATES AS PARTY.—Section cy shall respond to public comments re- agency, including the Council on Environ- 2412(d)(2) of title 28, United States Code, is ceived under subparagraph (A). mental Quality, may reissue the final guid- amended— ance of the Council on Environmental Qual- ‘‘(3) AUDIT TEAM.— (A) in subparagraph (H), by striking ‘‘and’’ ity entitled ‘‘Final Guidance for Federal De- ‘‘(A) IN GENERAL.—An audit conducted at the end; under paragraph (1) shall be carried out by partments and Agencies on Consideration of (B) in subparagraph (I), by striking the pe- an audit team determined by the head of the Greenhouse Gas Emissions and the Effects of riod at the end and inserting ‘‘; and’’; and Federal agency, in consultation with the Climate Change in National Environmental (C) by adding at the end the following: State, in accordance with subparagraph (B). Policy Act Reviews’’ (81 Fed. Reg. 51866 (Au- ‘‘(J) ‘special factor’ does not include gust 5, 2016)) or substantially similar guid- ‘‘(B) CONSULTATION.—Consultation with knowledge, expertise, or skill in environ- ance unless authorized by an Act of Con- the State under subparagraph (A) shall in- mental litigation.’’. gress. clude a reasonable opportunity for the State --- (6) DEFINITIONS.—Title I of the National to review and provide comments on the pro- SA 2268. Mr. LEE submitted an Environmental Policy Act of 1969 (42 U.S.C. posed members of the audit team. amendment intended to be proposed to 4331 et seq.) (as amended by paragraph (1)(A)) ‘‘(i) MONITORING.—After the fourth year of is amended by adding at the end the fol- amendment SA 2137 proposed by Mr. the participation of a State in an agency lowing: SCHUMER (for Ms. SINEMA (for herself, program, the head of the Federal agency ‘‘SEC. 109. DEFINITIONS. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- shall monitor compliance by the State with ‘‘In this title: SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. the written agreement, including the provi- ‘‘(1) ENVIRONMENTAL ASSESSMENT.—The TESTER, Ms. MURKOWSKI, Mr. WARNER, sion by the State of financial resources to term ‘environmental assessment’ has the carry out the written agreement. and Mr. ROMNEY)) to the bill H.R. 3684, meaning given the term in section 1508.9 of to authorize funds for Federal-aid high- ‘‘(j) REPORT TO CONGRESS.—The head of title 40, Code of Federal Regulations (or a each Federal agency shall submit to Con- successor regulation). ways, highway safety programs, and gress an annual report that describes the ad- ‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.— transit programs, and for other pur- ministration of the agency program. The term ‘environmental impact statement’ poses; which was ordered to lie on the ‘‘(k) TERMINATION.— means a detailed statement required under table; as follows: ‘‘(1) TERMINATION BY FEDERAL AGENCY.— section 102(2)(C). At the end of division G, add the following: The head of a Federal agency may terminate ‘‘(3) NEPA PROCESS.— TITLE XII—PAYMENTS IN LIEU OF TAXES the participation of any State in the agency ‘‘(A) IN GENERAL.—The term ‘NEPA proc- program of the Federal agency if— ess’ means the entirety of every process, SEC. 71201. SHORT TITLE. ‘‘(A) the head of the Federal agency deter- analysis, or other measure, including an en- This title may be cited as the ‘‘Making Ob- mines that the State is not adequately car- vironmental impact statement, required to ligations Right by Enlarging Payments In rying out the responsibilities assigned to the be carried out by a Federal agency under Lieu of Taxes Act’’ or the ‘‘MORE PILT State; this title before the agency undertakes a Act’’. ‘‘(B) the head of the Federal agency pro- proposed action. SEC. 71202. FINDINGS; SENSE OF CONGRESS. vides to the State— ‘‘(B) PERIOD.—For purposes of subpara- (a) FINDINGS.—Congress finds that— ‘‘(i) a notification of the determination of graph (A), the NEPA process— (1) Congress agreed with recommendations noncompliance; ‘‘(i) begins on the date on which the head of a Federal commission that, if Federal land ‘‘(ii) a period of not less than 120 days to of a Federal agency receives an application is to be retained by the Federal Government take such corrective action as the head of for a proposed action from a project sponsor; and not contribute to the tax bases of the the Federal agency determines to be nec- and units of general local government within the essary to comply with the applicable agree- ‘‘(ii) ends on the date on which the Federal jurisdictions of which the land is located, ment; and agency issues, with respect to the proposed compensation should be offered to those ‘‘(iii) on request of the Governor of the action— units of general local government to make State, a detailed description of each respon- ‘‘(I) a record of decision, including, if nec- up for the presence of nontaxable land within sibility in need of corrective action regard- essary, a revised record of decision; the jurisdictions of those units of general ing an inadequacy identified under subpara- ‘‘(II) a finding of no significant impact; or local government; graph (A); and ‘‘(III) a categorical exclusion under this (2)(A) units of general local government ‘‘(C) the State, after the notification and title. rely on the stability of property tax reve- period provided under subparagraph (B), fails ‘‘(4) PROJECT SPONSOR.—The term ‘project nues; and to take satisfactory corrective action, as de- sponsor’ means a Federal agency or other en- (B) Federal programs that are subject to termined by the head of the Federal agency. tity, including a private or public-private en- the annual appropriations process, such as ‘‘(2) TERMINATION BY THE STATE.—A State tity, that seeks approval of a proposed ac- the payment in lieu of taxes program, offer may terminate the participation of the State tion.’’. far less certainty than property taxes as a in an agency program at any time by pro- (7) CONFORMING AMENDMENTS.— form of revenue for units of general local viding to the head of the applicable Federal (A) POLICY REVIEW.—Section 309 of the government; agency a notice by not later than the date Clean Air Act (42 U.S.C. 7609) is repealed. (3) Federal agencies have determined that that is 90 days before the date of termi- (B) SURFACE TRANSPORTATION PROJECT DE- payments to units of general local govern- nation, and subject to such terms and condi- LIVERY PROGRAM.—Section 327 of title 23, ment under the payment in lieu of taxes pro- tions as the head of the Federal agency may United States Code, is amended— gram are far lower than what would be due provide. (i) in subsection (a)(1), by striking ‘‘The to units of general local government under ‘‘(l) CAPACITY BUILDING.—The head of a Secretary’’ and inserting ‘‘Subject to sub- tax equivalency; Federal agency, in cooperation with rep- section (m), the Secretary’’; and (4) payments under the payment in lieu of resentatives of State officials, may carry out (ii) by adding at the end the following: taxes program help units of general local education, training, peer-exchange, and ‘‘(m) SUNSET.— government carry out vital services, such as other initiatives as appropriate— ‘‘(1) IN GENERAL.—Except as provided under firefighting, police protection, public edu- ‘‘(1) to assist States in developing the ca- paragraph (2), the authority provided by this cation, construction of public schools, con- pacity to participate in the agency program section terminates on the date of enactment struction of roads, and search-and-rescue op- of the Federal agency; and of this subsection. erations; and ‘‘(2) to promote information sharing and ‘‘(2) EXISTING AGREEMENTS.—Subject to the (5) the technology exists to more accu- collaboration among States that are partici- requirements of this section, the Secretary rately approximate what the taxable value of

VerDate Sep 11 2014 05:09 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00141 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.057 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5670 CONGRESSIONAL RECORD — SENATE August 2, 2021 land held by the Federal Government would Secretary, in consultation with the Sec- (B) submit to Congress and make publicly be if that land were taxable by units of gen- retary of Agriculture and the head of any available a report describing— eral local government. other Federal agency that the Secretary de- (i) the results of the study conducted under (b) SENSE OF CONGRESS.—It is the sense of termines to be appropriate, shall develop and subparagraph (A); and Congress that the Federal Government maintain a market analysis tool, mass ap- (ii) how payments under the payment in should— praisal tool, or other appropriate modeling lieu of taxes program could more accurately (1) determine the amount that payments tool (or combination of tools), as determined reflect the tax equivalent amount. under the payment in lieu of taxes program to be appropriate by the Secretary, that— (2) REQUIREMENT.—In conducting the study would be if those payments were equivalent (A) accounts for— under paragraph (1)(A), the Secretary shall to the tax revenues that units of general (i) reasonable and customary valuation consider any studies conducted by States, local government would otherwise receive factors; and counties, or other taxing jurisdictions per- for the same land; and (ii) if, in the determination of the Sec- taining to the tax equivalent amount of pay- (2) compensate those units of general local retary, data are inadequate to calculate a ments under the payment in lieu of taxes government accordingly. sufficiently precise estimate of the market program. SEC. 71203. DEFINITIONS. value of the applicable parcel of entitlement (3) PRELIMINARY REPORT.—Not later than 1 In this Act: land, assumptions of those factors; and year after the date of enactment of this Act, (1) ENTITLEMENT LAND.—The term ‘‘entitle- (B) calculates, in a timely manner— the Secretary, in consultation with the Sec- ment land’’ has the meaning given the term (i) the approximate market value of enti- retary of Agriculture and the head of any in section 6901 of title 31, United States tlement land; and other Federal agency that the Secretary de- Code. (ii) the approximate tax equivalent termines to be appropriate, shall submit to (2) HIGHEST AND BEST USE.— amount of payments under the payment in Congress a report that— (A) IN GENERAL.—The term ‘‘highest and lieu of taxes program for that land. (A) describes the progress of the Secretary best use’’, with respect to a parcel of entitle- (2) REQUIREMENTS.—The tool shall— in— ment land, means the potential use described (A) calculate, in a timely manner, the ap- (i) developing the tool; and in subparagraph (B) that would result in the proximate market value of entitlement land; (ii) conducting the study under paragraph highest value of the land. (B) enable an employee or agent of the De- (1)(A); (B) POTENTIAL USES DESCRIBED.—A poten- partment of the Interior to manually modify (B) contains an assessment of the accuracy tial use referred to in subparagraph (A) is factors relating to the valuation model used with which the Secretary will be able to de- any use of a parcel of land that, in the ab- by the tool to calculate, in a timely manner, termine— sence of Federal ownership of the land, the market value of entitlement land based (i) the market value of entitlement land; would be— on new assumptions relating to that land; and (i) physically possible; (C) to the maximum extent practicable, (ii) the tax equivalent amount of payments (ii) reasonably probable; provide technical anchors relating to market under the payment in lieu of taxes program (iii) legal; data— for that land; (iv) appropriately supported; and (i) to ensure the ongoing integrity of the (C) describes the models and data that the (v) financially feasible. tool; and Secretary has developed or collected, or in- (3) MARKET VALUE.—The term ‘‘market (ii) to ensure that the land values deter- tends to develop or collect, as applicable, value’’, with respect to a parcel of entitle- mined by the tool are defensible and based and plans to use in determining— ment land, means the value that the land on sound and generally accepted valuation (i) the market value of entitlement land; would have in a fair and open market— methodologies; and (A) disregarding any limitation on eco- (D) to the maximum extent practicable, as- (ii) the tax equivalent amount of payments nomic development and any other develop- similate, in a visual interface— under the payment in lieu of taxes program ment restriction due to Federal ownership of (i) market data, including the availability for that land; and the land or any Federal designation; and of mineral extraction, energy production, (D) includes any other information that, in (B) calculated within an appropriate mar- water management, timber management, ag- the determination of the Secretary, is rel- gin of error, as determined by the Secretary. ricultural uses, and recreational uses with evant to— (4) PAYMENT IN LIEU OF TAXES PROGRAM.— respect to the applicable land; and (i) the efficacy of the tool; The term ‘‘payment in lieu of taxes pro- (ii) geospatial data relating to all entitle- (ii) the determination of— gram’’ means the payment in lieu of taxes ment land; (I) the market value of entitlement land; program established under chapter 69 of title (E) as frequently as practicable, automati- or 31, United States Code. cally adjust to reflect current market condi- (II) the tax equivalent amount of payments (5) SECRETARY.—The term ‘‘Secretary’’ tions, as reflected in readily available mar- under the payment in lieu of taxes program means the Secretary of the Interior. ket sources, as determined by the Secretary, for that land; or (6) TAX EQUIVALENT AMOUNT.—The term in consultation with the Secretary of Agri- (iii) the effects of providing payments ‘‘tax equivalent amount’’, with respect to culture; under the payment in lieu of taxes program payments under the payment in lieu of taxes (F) allow a user of the tool— that more accurately reflect the tax equiva- program, means the approximate amount of (i) to estimate the value of entitlement lent amount. property tax revenues that would be gen- land as that land is currently used; and (c) CONTRACTS AND CONSULTANTS.—The Secretary may contract or consult with any erated for units of general local government (ii) to estimate changes in that value due public or private entity to analyze data, con- with respect to entitlement land— to future uses under various scenarios under duct research, or develop a model that would (A) if that land were— private ownership; and contribute to the reports under subsection (i) privately owned; and (G) provide a variety of estimates of the (ii) subject to— (b) or the tool. value of any entitlement land for which (d) DATA COLLECTION AND REPORTING.— (I) local zoning laws (including regula- there is no comparable non-Federal land tions); (1) IN GENERAL.—The Secretary may de- from which to derive the information nec- velop reporting methods to allow units of (II) local tax laws (including regulations); essary to accurately calculate the market and general local government to self-report, not value of the entitlement land, including an more frequently than annually, data, includ- (III) any other relevant law, rule, or au- estimate based on the highest and best use of thority; and ing, as the Secretary determines to be nec- the entitlement land if the entitlement land essary— (B) taking into account any maximum or were privately owned. minimum taxable value of land that is im- (A) property tax values of land; (b) STUDY AND REPORTS.— posed by a State or unit of general local gov- (B) zoning restrictions; and (1) IN GENERAL.—Not later than 2 years ernment. (C) mill levies. after the date of enactment of this Act, and (7) TOOL.—The term ‘‘tool’’ means the tool (2) TECHNICAL ASSISTANCE.—The Secretary annually thereafter for 4 years, the Sec- or combination of tools developed and main- may provide technical assistance to units of retary, in consultation with the Secretary of tained under section 71204(a)(1). general local government with respect to the Agriculture and the head of any other Fed- (8) UNIT OF GENERAL LOCAL GOVERNMENT.— reporting of information under paragraph (1). eral agency that the Secretary determines to (e) AVAILABILITY OF INFORMATION.— The term ‘‘unit of general local government’’ be appropriate, shall— (1) REQUEST FOR INFORMATION.—Any indi- has the meaning given the term in section (A) conduct a study— vidual or entity may submit to the Sec- 6901 of title 31, United States Code. (i) to evaluate all entitlement land; retary a request for information relating to SEC. 71204. MODELING TOOL, STUDY, AND RE- PORTS RELATING TO THE TAX (ii) to determine, to the maximum extent the method used by the Secretary to deter- EQUIVALENT AMOUNT OF PAY- practicable, the market value of that land; mine— MENTS UNDER THE PAYMENT IN and (A) the market value of entitlement land; LIEU OF TAXES PROGRAM. (iii) to determine, to the maximum extent or (a) MODELING TOOL.— practicable, the tax equivalent amount of (B) the tax equivalent amount of payments (1) IN GENERAL.—Not later than 2 years payments under the payment in lieu of taxes under the payment in lieu of taxes program after the date of enactment of this Act, the program for that land; and for that land.

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(2) INFORMATION PROVIDED.—The Secretary SEC. 2. DEFINITIONS. ation of unmanned aircraft systems at more shall provide to each individual or entity In this Act: than 400 feet above ground level; or that submits a request for information under (1) ADMINISTRATOR.—The term ‘‘Adminis- (2) diminish or expand the preemptive ef- paragraph (1)— trator’’ means the Administrator of the Fed- fect of the authority of the Federal Aviation (A) any data and models used by the Sec- eral Aviation Administration. Administration with respect to manned avia- retary to determine, as applicable— (2) CIVIL.—The term ‘‘civil’’, with respect tion. (i) the market value of any entitlement to an unmanned aircraft system, means that SEC. 4. PRESERVATION OF STATE, LOCAL, AND land for which a unit of general local govern- the unmanned aircraft is not a public air- TRIBAL AUTHORITIES WITH RE- ment receives payments under the payment craft (as defined in section 40102 of title 49, SPECT TO CIVIL UNMANNED AIR- in lieu of taxes program; or United States Code). CRAFT SYSTEMS. (a) FINDINGS; SENSE OF CONGRESS.— (ii) the tax equivalent amount of payments (3) COMMERCIAL OPERATOR.—The term (1) FINDINGS.—Congress finds the following: under the payment in lieu of taxes program ‘‘commercial operator’’ means a person who (A) Using its constitutional authority to for that land; and operates a civil unmanned aircraft system regulate commerce among the States, Con- (B) a description of how the data and mod- for commercial purposes. gress granted the Federal Government au- els described in subparagraph (A) are used to (4) IMMEDIATE REACHES OF AIRSPACE.—The thority over all of the navigable airspace in make the determinations described in that term ‘‘immediate reaches of airspace’’ the United States in order to foster air com- subparagraph. means, with respect to the operation of a merce. (3) RESPONSE DEADLINE FOR CERTAIN RE- civil unmanned aircraft system, any area (B) While the regulation of the navigable QUESTS.—Not later than 30 days after receiv- within 200 feet above ground level. airspace is within the Federal Government’s ing a request under paragraph (1) from a unit (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ domain, the Supreme Court recognized in of general local government pertaining to has the meaning given that term in section United States v. Causby, 328 U.S. 256 (1946), 4 of the Indian Self-Determination and Edu- entitlement land for which the unit of gen- that the Federal Government’s regulatory cation Assistance Act (25 U.S.C. 5304). eral local government receives payments authority is limited by the property rights (6) LOCAL GOVERNMENT.—The term ‘‘local’’, under the payment in lieu of taxes program, possessed by landowners over the exclusive with respect to a government, means the the Secretary shall provide to that unit of control of the immediate reaches of their government of a subdivision of a State. general local government the information airspace. (7) STATE.—The term ‘‘State’’ means each described in paragraph (2) with respect to (C) As a sovereign government, a State of the 50 States, the District of Columbia, that land. possesses police powers, which include the (f) FUNDING.—Section 200306 of title 54, and the territories and possessions of the power to protect the property rights of its United States Code, is amended by adding at United States. citizens. the end the following: (8) TRIBAL GOVERNMENT.—The term ‘‘Trib- (D) The proliferation of low-altitude oper- al’’, with respect to a government, means the ations of unmanned aircraft systems has cre- ‘‘(e) TAX EQUIVALENCY OF PILT PAYMENTS governing body of an Indian Tribe. ated a conflict between the responsibility of MODELING TOOL, STUDY, AND REPORT.—For (9) UNMANNED AIRCRAFT; UNMANNED AIR- the Federal Government to regulate the nav- each of the first 6 fiscal years beginning CRAFT SYSTEM.—The terms ‘‘unmanned air- igable airspace and the inherent sovereign after the date of enactment of the MORE craft’’ and ‘‘unmanned aircraft system’’ have police power possessed by the States to pro- PILT Act, there shall be made available to the meanings given those terms in section tect the property rights of their citizens. the Secretary, out of amounts made avail- 331 of the FAA Modernization and Reform (2) SENSE OF CONGRESS.—It is the sense of able for expenditure under section 200303, Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 Congress that— $9,000,000 to carry out that Act.’’. note). (A) in order for landowners to have full en- --- (10) UNMANNED AIRCRAFT TAKE-OFF AND SA 2269. Mr. LEE submitted an joyment and use of their land, they must LANDING ZONE.—The term ‘‘unmanned air- have exclusive control of the immediate amendment intended to be proposed to craft take-off and landing zone’’ means a reaches of airspace over their property; amendment SA 2137 proposed by Mr. structure, area of land or water, or other des- (B) the States possess sovereign police SCHUMER (for Ms. SINEMA (for herself, ignation for use or intended to be used for powers, which include the power to regulate Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- the take-off or landing of civil unmanned land use, protect property rights, and exer- aircraft systems operated by a commercial SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. cise zoning authority; and operator. TESTER, Ms. MURKOWSKI, Mr. WARNER, (C) the Federal Government lacks the au- and Mr. ROMNEY)) to the bill H.R. 3684, SEC. 3. FEDERAL AVIATION ADMINISTRATION UP- thority to intrude upon a State’s sovereign DATES TO NAVIGABLE AIRSPACE. to authorize funds for Federal-aid high- right to issue reasonable time, manner, and (a) DEFINITION.—Paragraph (32) of section ways, highway safety programs, and 40102 of title 49, United States Code, is place restrictions on the operation of un- transit programs, and for other pur- amended by adding at the end the following manned aircraft systems operating within poses; which was ordered to lie on the new sentence: ‘‘In applying such term to the the immediate reaches of airspace. (b) REQUIREMENTS RELATED TO REGULA- table; as follows: regulation of civil unmanned aircraft sys- TIONS AND STANDARDS.— tems, such term shall not include the area At the appropriate place, insert the fol- (1) IN GENERAL.—In prescribing regulations within the immediate reaches of airspace (as lowing: or standards related to civil unmanned air- defined in section 2 of Drone Integration and DIVISION lll—DRONE INTEGRATION craft systems, the following shall apply: Zoning Act).’’. AND ZONING (A) The Administrator shall not authorize (b) RULEMAKING.— SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the operation of a civil unmanned aircraft in (1) IN GENERAL.—The Administrator shall (a) SHORT TITLE.—This Act may be cited as conduct a rulemaking proceeding to update the immediate reaches of airspace above the ‘‘Drone Integration and Zoning Act’’. the definition of ‘‘navigable airspace’’. property without permission of the property (b) TABLE OF CONTENTS.—The table of con- owner. (2) CONSULTATION.—In conducting the rule- tents of this Act is as follows: making proceeding under paragraph (1), the (B) Subject to paragraph (2), in the case of Sec. 1. Short title; table of contents. Administrator shall consult with appropriate a structure that exceeds 200 feet above Sec. 2. Definitions. ground level, the Administrator shall not au- Sec. 3. Federal Aviation Administration up- State, local, or Tribal officials. (c) DESIGNATION REQUIREMENT.—In con- thorize the operation of a civil unmanned dates to navigable airspace. ducting the rulemaking proceeding under aircraft— Sec. 4. Preservation of State, local, and subsection (b), the Administrator shall des- (i) within 50 feet of the top of such struc- Tribal authorities with respect ignate the area between 200 feet and 400 feet ture; or to civil unmanned aircraft sys- above ground level— (ii) within 200 feet laterally of such struc- tems. (1) for use of civil unmanned aircraft sys- ture or inside the property line of such struc- Sec. 5. Preservation of local zoning author- ture’s owner, whichever is closer to such ity for unmanned aircraft take- tems under the exclusive authority of the Administrator; and structure. off and landing zones. (C) The Administrator shall not authorize Sec. 6. Rights to operate. (2) for use by both commercial operators or Sec. 7. Updates to rules regarding the com- hobbyists and recreational unmanned air- the physical contact of a civil unmanned air- mercial carriage of property. craft systems, under rules established by the craft, including such aircraft’s take-off or Sec. 8. Designation of certain complex air- Administrator. landing, with a structure that exceeds 200 space. (d) FINAL RULE.—Not later than 1 year feet above ground level without permission Sec. 9. Improvements to plan for full oper- after the date of enactment of this Act, the of the structure’s owner. ational capability of unmanned Administrator shall issue a final rule pursu- (D) The Administrator shall ensure that aircraft systems traffic man- ant to the rulemaking conducted under sub- the authority of a State, local, or Tribal gov- agement. section (b). ernment to issue reasonable restrictions on Sec. 10. Updates to rules regarding small un- (e) RULES OF CONSTRUCTION.—Nothing in the time, manner, and place of operation of manned aircraft safety stand- this section may be construed to— a civil unmanned aircraft system that is op- ards. (1) prohibit the Administrator from pro- erated below 200 feet above ground level is Sec. 11. Rules of construction. mulgating regulations related to the oper- not preempted.

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(2) EXCEPTION.—The limitation on the op- has entered into an agreement with the Ad- ment relating to consideration by the State, eration of a civil unmanned aircraft under ministrator under section 8 with respect to local, or Tribal government of an application paragraph (1)(B) shall not apply if— an area designated as complex airspace. for the designation, placement, construction, (A) the operator of such aircraft has the (d) RULES OF CONSTRUCTION.— or modification of an unmanned aircraft permission of the structure’s owner; (1) SIGNIFICANT SAFETY HAZARD.—Nothing take-off and landing zone. (B) such aircraft is being operated directly in this section may be construed to permit a (d) JUDICIAL REVIEW.—Any person ad- within or above an authorized public right of State, local, or Tribal government to issue versely affected by any final action or fail- way; or restrictions, or a combination of restric- ure to act by a State, local, or Tribal govern- (C) such aircraft is being operated on an tions, that would create a significant safety ment that is inconsistent with this section authorized commercial route designated hazard in the navigable airspace, airport op- may, within 30 days after the action or fail- under subsection (c). erations, air navigation facilities, air traffic ure to act, commence an action in any court (3) REASONABLE RESTRICTIONS.—For pur- control systems, or other components of the of competent jurisdiction, which shall hear poses of paragraph (1)(D), reasonable restric- national airspace system that facilitate the and decide the action on an expedited basis. tions on the time, manner, and place of oper- safe and efficient operation of civil, commer- (e) EFFECTIVE DATE.—The provisions of ation of a civil unmanned aircraft system in- cial, or military aircraft within the United this section shall take effect on the day that clude the following: States. is 180 days after the final rule under section (A) Specifying limitations on speed of (2) CAUSE OF ACTION.—Nothing in this sec- 3(d) is issued. flight over specified areas. tion may be construed to prohibit a property SEC. 6. RIGHTS TO OPERATE. (B) Prohibitions or limitations on oper- owner or the owner of a structure with a (a) PROHIBITION.— ations in the vicinity of schools, parks, road- height that exceeds 200 feet above ground (1) IN GENERAL.—Subject to subsection (b), ways, bridges, moving locations, or other level from pursuing any available cause of a State, local, or Tribal government may not public or private property. action under State law related to unmanned adopt, maintain, or enforce any law, rule, or (C) Restrictions on operations at certain aircraft operations above 200 feet above standard that unreasonably or substantially times of the day or week or on specific occa- ground level. impedes— sions such as parades or sporting events, in- SEC. 5. PRESERVATION OF LOCAL ZONING AU- (A) the ascent or descent of an unmanned cluding sporting events that do not remain THORITY FOR UNMANNED AIRCRAFT aircraft system, operated by a commercial in one location. TAKE-OFF AND LANDING ZONES. operator, to or from the navigable airspace (D) Prohibitions on careless or reckless op- (a) GENERAL AUTHORITY.—Subject to the in the furtherance of a commercial activity; erations, including operations while the op- succeeding provisions of this section, noth- or erator is under the influence of alcohol or ing in this Act shall limit or affect the au- (B) a civil unmanned aircraft from reach- drugs. thority of a State, local, or Tribal govern- ing navigable airspace where operations are (E) Other prohibitions that protect public ment over decisions regarding the designa- permitted. safety, personal privacy, or property rights, tion, placement, construction, or modifica- (2) UNREASONABLE OR SUBSTANTIAL IMPEDI- or that manage land use or restrict noise tion of an unmanned aircraft take-off and MENT.—For purposes of paragraph (1), an un- pollution. landing zone. reasonable or substantial impediment with (c) DESIGNATION OF AUTHORIZED COMMER- (b) NONDISCRIMINATION.—The regulation of respect to civil unmanned aircraft includes— CIAL ROUTES.— the designation, placement, construction, or (A) a complete and total ban on overflights (1) IN GENERAL.—For purposes of subsection modification of an unmanned aircraft take- of civil unmanned aircraft over the entirety (b)(2)(C), not later than 18 months after the off and landing zone by any State, local, or of airspace within a State, local, or Tribal date of enactment of this Act, the Adminis- Tribal government may not— government’s jurisdiction; and trator shall establish a process for the des- (1) unreasonably discriminate among com- (B) a combination of prohibitions or re- ignation of routes as authorized commercial mercial operators of unmanned aircraft sys- strictions on overflights within airspace routes. No area within 200 feet above ground tems; or under a State, local, or Tribal government’s level may be included in a designated au- (2) prohibit, or have the effect of prohib- jurisdiction such that it is nearly impossible thorized commercial route. iting, a commercial operator from operating for civil unmanned aircraft to reach the nav- (2) APPLICATION.—Under the process estab- an unmanned aircraft system. igable airspace. lished under paragraph (1), applicants shall (c) APPLICATIONS.— (b) RULES OF CONSTRUCTION.—Nothing in submit an application for such a designation (1) REQUIREMENT TO ACT.— subsection (a) may be construed to prohibit in a form and manner determined appro- (A) IN GENERAL.—A State, local, or Tribal a State, local, or Tribal government from— priate by the Administrator. government shall act on any complete appli- (1) adopting, maintaining, or enforcing (3) TIMEFRAME FOR DECISION.—Under the cation for authorization to designate, place, laws, rules, or standards that regulate un- process established under paragraph (1), the construct, or modify an unmanned aircraft manned aircraft systems below 200 feet above Administrator shall approve or disapprove a take-off and landing zone within 60 days of ground level; or complete application for designation within receiving such application. (2) prescribing emergency procedures for a 90 days of receiving the application. (B) DENIAL.—If a State, local, or Tribal civil unmanned aircraft system descending (4) CONSULTATION.—In reviewing an appli- government denies an application for the into an area 200 feet above ground level. cation for the designation of an area under designation, placement, construction, or SEC. 7. UPDATES TO RULES REGARDING THE this subsection, the Administrator shall con- modification of an unmanned aircraft take- COMMERCIAL CARRIAGE OF PROP- sult with and heavily weigh the views of— off and landing zone, the State, local, or ERTY. (A) the applicable State, local, or Tribal Tribal government shall, not later than 30 (a) IMPROVING REGULATIONS.—Section 44808 government that has jurisdiction over the days after denying the application, submit to of title 49, United States Code, is amended— operation of unmanned aircraft in the area the commercial operator a written record (1) by redesignating subsection (b)(5) as below the area to be designated; that details— subsection (c), and indenting appropriately; (B) owners of structures who would be af- (i) the findings and substantial evidence (2) by redesignating subparagraphs (A), (B), fected by the designation of a route as an au- that serves as the basis for denying the ap- and (C) of subsection (c), as redesignated by thorized commercial route; and plication; and paragraph (1), as paragraphs (1), (2), and (3), (C) commercial unmanned aircraft opera- (ii) recommendations for how the commer- respectively, and indenting appropriately; tors. cial operator can address the reasons for the (3) by redesignating subsection (b)(6) as (5) DENIAL OF APPLICATION.—If the Admin- application’s denial. subsection (d), and indenting appropriately; istrator denies an application for a designa- (2) FEES.—Notwithstanding any other pro- and tion under this subsection, the Adminis- vision of law, a State, local, or Tribal gov- (4) in subsection (b), as previously amend- trator shall provide the applicant with— ernment may charge a fee to consider an ap- ed, by adding at the end the following new (A) a detailed description of the reasons for plication for the designation, placement, paragraphs: the denial; and construction, or modification of an un- ‘‘(5) Ensure that the provision of section (B) recommendations for changes that the manned aircraft take-off and landing zone, 41713 shall not apply to the carriage of prop- applicant can make to correct the defi- or to use a right-of-way or a facility in a erty by operators of small unmanned aircraft ciencies in their application. right-of-way owned or managed by the State, systems. (6) APPROVAL OF APPLICATION.—If the Ad- local, or Tribal government for the designa- ‘‘(6) Ensure that an operator of a small un- ministrator approves an application for a tion, placement, construction, or modifica- manned aircraft system is not required to designation under this subsection, the Ad- tion of an unmanned aircraft take-off and comply with any rules approved under this ministrator shall clearly describe the bound- landing zone, if the fee is— section if the operator is operating solely aries of the designated authorized commer- (A) competitively neutral, technologically under a State authorization for the intra- cial route and any applicable limitations for neutral, and nondiscriminatory; and state carriage of property for compensation operations on the route. (B) publicly disclosed. or hire. (7) DELEGATION.—The Administrator may (3) RULE OF CONSTRUCTION.—Nothing in this ‘‘(7) Ensure that the costs necessary to re- delegate the authority to designate author- subsection may be construed to prevent any ceive such an authorization are minimal so ized commercial routes under this subsection State, local, or Tribal government from im- as to protect competition between market to a State, local, or Tribal government that posing any additional limitation or require- participants.

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‘‘(8) A streamlined application process that (1) STATE, LOCAL, OR TRIBAL GOVERNMENT (4) in subsection (g), by inserting ‘‘and only contains requirements minimally nec- RESPONSIBILITIES UNDER AGREEMENT.—If a State, local, and Tribal governments’’ after essary for safe operation and substantially State, local, or Tribal government enters ‘‘Federal agencies’’. outweigh the compliance costs for an appli- into an agreement with the Administrator SEC. 10. UPDATES TO RULES REGARDING SMALL cant.’’. under subsection (a)(5), the State, local, or UNMANNED AIRCRAFT SAFETY (b) CLARIFICATION REGARDING PREEMP- Tribal government shall be solely respon- STANDARDS. TION.—Section 41713(b) of title 49, United sible, and solely liable, for carrying out the Section 44805 of title 49, United States States Code, is amended by adding at the end responsibilities assumed in the agreement Code, is amended— the following new paragraph: until the agreement is terminated. (1) in subsection (a)— ‘‘(5) NOT APPLICABLE TO THE OPERATION OF A (2) TERMINATION BY STATE, LOCAL, OR TRIB- (A) in paragraph (3), by striking ‘‘and’’ at CIVIL UNMANNED AIRCRAFT SYSTEM.—Para- AL GOVERNMENT.—A State, local, or Tribal the end; graphs (1) and (4) shall not apply to the oper- government may terminate an agreement (B) in paragraph (4), by striking the period ation of a civil unmanned aircraft system.’’. with the Administrator under subsection at the end and inserting ‘‘; and’’; and (c) EXCLUSION FROM DEFINITION OF AIR (a)(5) if the State, local, or Tribal govern- (C) by adding at the end the following new CARRIER.—Section 40102(2) of title 49, United ment provides the Administrator 90 days of paragraph: States Code, is amended by inserting ‘‘(but notice. ‘‘(5) ensuring that no State is prohibited does not include an operator of civil un- (3) TERMINATION BY ADMINISTRATOR.—The from requiring additional equipage for a manned aircraft systems)’’ before the period Administrator may terminate an agreement small unmanned aircraft system so long as at the end. with a State, local, or Tribal government such small unmanned aircraft system is sole- (d) STATE AUTHORIZATION FOR THE INTRA- under subsection (a)(5) if— ly authorized to operate in the immediate STATE CARRIAGE OF PROPERTY.—A State may (A) the Administrator determines that the reaches of airspace (as defined in section 2 of not be prohibited from issuing an authoriza- State, local, or Tribal government is not the Drone Integration and Zoning Act) and tion (and the Federal Government may not adequately carrying out the responsibilities the lateral boundaries of a State.’’; require a Federal authorization) for the car- assigned under the agreement; and (2) in subsection (e), in the matter pre- riage of property by a commercial operator (B) the Administrator provides the State, ceding paragraph (1), by striking ‘‘may’’ and of a civil unmanned aircraft that is oper- local, or Tribal government with— inserting ‘‘shall’’; ating in intrastate commerce if the civil un- (i) written notification of a determination (3) in subsection (j), by striking ‘‘may’’ and manned aircraft is only authorized by the inserting ‘‘shall’’; and State to operate— of noncompliance with the responsibilities assigned under the agreement; and (4) by adding at the end the following new (1) within the immediate reaches of air- subsection: space; and (ii) a period of not less than 180 days for the State, local, or Tribal government to ‘‘(k) REQUIREMENTS FOR ACCEPTING RISK- (2) within the lateral boundaries of the BASED CONSENSUS SAFETY STANDARDS.— take such corrective actions as the Adminis- State. ‘‘(1) COST-BENEFIT ANALYSIS.—The Admin- trator determines necessary to comply with SEC. 8. DESIGNATION OF CERTAIN COMPLEX AIR- istrator shall not accept a risk-based con- the responsibilities assigned under the agree- SPACE. sensus safety standard under subsection ment. (a) PROCESS FOR DESIGNATION.— (a)(1) unless the Administrator has first con- (1) IN GENERAL.—Not later than 18 months (c) COMPLEX AIRSPACE DEFINED.—In this ducted a cost-benefit analysis and certified after the date of enactment of this Act, the section, the term ‘‘complex airspace’’ means that the benefit of the safety standard sub- Secretary of Transportation shall establish a an area of airspace that— stantially outweighs the costs to the manu- process under which a State, local, or Tribal (1) is at least 200 feet above ground level; facturer and consumer. and government may submit an application to ‘‘(2) MUST BE ESSENTIAL.—The Adminis- the Administrator (in a form and manner de- (2) includes one or more structures that trator shall not accept a risk-based con- termined appropriate by the Administrator) have a height that exceeds 200 feet above sensus safety standard under subsection for the designation of an area as an area of ground level. (a)(1) unless the Administrator determines ‘‘complex airspace.’’ Such process shall allow SEC. 9. IMPROVEMENTS TO PLAN FOR FULL that the safety standard is essential for for individual or collective designations. OPERATIONAL CAPABILITY OF UN- small unmanned aircraft systems to operate (2) TIMEFRAME FOR DECISION.—Under the MANNED AIRCRAFT SYSTEMS TRAF- safely in the Unmanned Traffic Management FIC MANAGEMENT. process established under paragraph (1), the (UTM) System.’’. Administrator shall approve or disapprove a Section 376 of the FAA Reauthorization SEC. 11. RULES OF CONSTRUCTION. complete application for designation within Act of 2018 (Public Law 115–254) is amended— (a) IN GENERAL.—Subject to subsection (b), 90 days of receiving the application. (1) in subsection (b), by adding at the end nothing in this Act may be construed to— (3) REVIEW OF APPLICATION.—In reviewing the following new paragraph: (1) diminish or expand the preemptive ef- an application for a designation under this ‘‘(4) Permit the testing of a State, local, or fect of the authority of the Federal Aviation section, the Administrator may deny the re- Tribal government’s time, place, and manner Administration with respect to manned avia- quest if the State, local, or Tribal govern- restrictions within the immediate reaches of tion; or ment does not have— airspace (as defined in section 2 of the Drone (2) affect the civil or criminal jurisdiction (A) the financial resources to carry out the Integration and Zoning Act).’’; of— authority to be granted under the designa- (2) in subsection (c)— (A) any Indian Tribe relative to any State tion; or (A) in paragraph (2), by striking ‘‘industry or local government; or (B) the technological capabilities nec- and government’’ and inserting ‘‘industry, (B) any State or local government relative essary to carry out the authority granted to the Federal Government, and State, local, or to any Indian Tribe. the State under the designation. Tribal governments’’; (b) ENFORCEMENT ACTIONS.—Nothing in (4) DENIAL OF APPLICATION.—If the Admin- (B) in paragraph (3)(G), by striking ‘‘and’’ subsection (a) may be construed to limit the istrator denies an application for a designa- at the end; authority of the Administrator to pursue en- tion under this section, the Administrator (C) in paragraph (4)(C), by striking the pe- forcement actions against persons operating shall provide the State, local, or Tribal gov- riod at the end and inserting a semicolon; civil unmanned aircraft systems who endan- ernment with— and ger the safety of the navigable airspace, air- (A) a detailed description of the reasons for (D) by adding at the end the following new port operations, air navigation facilities, air the denial; and paragraphs: traffic control systems, or other components (B) recommendations for changes that the ‘‘(5) establish a plan for collaboration and of the national airspace system that facili- State can make to correct the deficiencies in coordination with a State, local, or Tribal tate the safe and efficient operation of civil, their application. government’s management of unmanned air- commercial, or military aircraft within the (5) APPROVAL OF APPLICATION.—If the Ad- craft systems within the immediate reaches United States. ministrator approves an application for a of airspace (as defined in section 2 of the --- designation under this section, the Adminis- Drone Integration and Zoning Act); and SA 2270. Mr. LEE submitted an trator shall, upon the request of the State, ‘‘(6) establish a process for the interoper- amendment intended to be proposed to local, or Tribal government, enter into a ability and sharing of data between Federal amendment SA 2137 proposed by Mr. written agreement with the State, local, or Government, State, local, or Tribal govern- SCHUMER (for Ms. SINEMA (for herself, Tribal government (which may be in the ment, and private sector UTM services.’’; Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- form of a memorandum of understanding) (3) in subsection (d)— SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. under which the Administrator may assign, (A) in paragraph (2)(J), by striking ‘‘and’’ TESTER, Ms. MURKOWSKI, Mr. WARNER, at the end; and the State, local, or Tribal government and Mr. ROMNEY)) to the bill H.R. 3684, (B) in paragraph (3), by striking the period may assume, one or more of the responsibil- to authorize funds for Federal-aid high- ities of the Administrator with respect to at the end and inserting ‘‘; and’’; and the management of civil unmanned aircraft (C) by adding at the end the following new ways, highway safety programs, and operations within the area that has been so paragraph: transit programs, and for other pur- designated. ‘‘(4) shall consult with State, local, and poses; which was ordered to lie on the (b) AGREEMENTS.— Tribal governments.’’; and table; as follows:

VerDate Sep 11 2014 05:09 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00145 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.058 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5674 CONGRESSIONAL RECORD — SENATE August 2, 2021 At the end of title VIII of division D, add amendment SA 2137 proposed by Mr. transit programs, and for other pur- the following: SCHUMER (for Ms. SINEMA (for herself, poses; which was ordered to lie on the SEC. 408lll. APPLICATION OF STATE LAW AP- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- table; as follows: PLICABLE TO THE USE OF MOTOR VEHICLES ON ROADS WITHIN A UNIT SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. In section 40102 of subtitle A of title I of di- OF THE NATIONAL PARK SYSTEM. TESTER, Ms. MURKOWSKI, Mr. WARNER, vision D, strike ‘‘Section 404(f)(12)’’ and in- (a) IN GENERAL.—Subchapter II of chapter and Mr. ROMNEY)) to the bill H.R. 3684, sert the following: (a) IN GENERAL.—Section 404(f)(12) 1015 of title 54, United States Code, is amend- to authorize funds for Federal-aid high- ed by adding at the end the following: In section 40102 of subtitle A of title I of di- ways, highway safety programs, and vision D, add at the end the following: ‘‘§ 101513. State law transit programs, and for other pur- (b) CATEGORICAL EXCLUSION.—Directional ‘‘(a) DEFINITIONS.—In this section: poses; which was ordered to lie on the drilling for the undergrounding of wires shall ‘‘(1) OFF-HIGHWAY VEHICLE.—The term ‘off- table; as follows: be considered to be an action categorically highway vehicle’ shall be defined by the excluded from the requirements of the Na- At the appropriate place, insert the fol- State in which the applicable System unit is tional Environmental Policy Act of 1969 (42 located, in accordance with the law of the lowing: U.S.C. 4321 et seq.). State. SEC. llllll. NEPA REVIEW OF GEOTHERMAL EXPLORATION OR DEVELOPMENT ‘‘(2) ROAD.—The term ‘road’ means the SA 2275. Mr. LEE submitted an ACTIVITIES. main-traveled surface of a roadway open to amendment intended to be proposed to (a) IN GENERAL.—Section 390(b) of the En- motor vehicles that is owned, controlled, or ergy Policy Act of 2005 (42 U.S.C. 15942(b)) is amendment SA 2137 proposed by Mr. otherwise administered by the Service. amended by adding at the end the following: SCHUMER (for Ms. SINEMA (for herself, ‘‘(b) APPLICABLE LAW.—The law of the Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- State in which a System unit is located shall ‘‘(6) Conversion of an oil or gas well to a SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. apply to the use of motor vehicles (including geothermal well.’’. off-highway vehicles) on roads within a Sys- (b) GEOTHERMAL STEAM ACT OF 1970.—The TESTER, Ms. MURKOWSKI, Mr. WARNER, tem unit. Geothermal Steam Act of 1970 (30 U.S.C. 1001 and Mr. ROMNEY)) to the bill H.R. 3684, ‘‘(c) VIOLATIONS.—Violating a provision of et seq.) is amended by adding at the end the to authorize funds for Federal-aid high- State law applicable to a System unit under following: ways, highway safety programs, and subsection (b) shall be prohibited in the ap- ‘‘SEC. 30. NEPA REVIEW OF GEOTHERMAL EXPLO- transit programs, and for other pur- plicable System unit.’’. RATION OR DEVELOPMENT ACTIVI- TIES. poses; which was ordered to lie on the (b) CLERICAL AMENDMENT.—The analysis table; as follows: for subchapter II of chapter 1015 of title 54, ‘‘(a) IN GENERAL.—Action by the Secretary United States Code, is amended by adding at in managing land subject to geothermal leas- Strike section 40206 and insert the fol- the end the following: ing under this Act with respect to any of the lowing: ‘‘101513. State law.’’. activities described in subsection (b) shall be SEC. 40206. NATIONAL ENVIRONMENTAL POLICY subject to a rebuttable presumption that the ACT TIMELINES FOR PROJECTS FOR CRITICAL MINERAL EXTRACTION, SA 2271. Mr. LEE submitted an use of a categorical exclusion under the Na- tional Environmental Policy Act of 1969 (42 RECOVERY, AND DEVELOPMENT. amendment intended to be proposed to Title I of the National Environmental Pol- U.S.C. 4321 et seq.) (referred to in this sec- amendment SA 2137 proposed by Mr. icy Act of 1969 is amended— tion as ‘NEPA’) would apply if the activity is (1) by redesignating section 105 (42 U.S.C. SCHUMER (for Ms. SINEMA (for herself, conducted pursuant to this Act for the pur- 4335) as section 106; and Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- pose of exploration or development of geo- (2) by inserting after section 104 (42 U.S.C. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. thermal resources. 4334) the following: TESTER, Ms. MURKOWSKI, Mr. WARNER, ‘‘(b) ACTIVITIES DESCRIBED.—The activities referred to in subsection (a) are the fol- ‘‘SEC. 105. APPLICABLE TIMELINES FOR and Mr. ROMNEY)) to the bill H.R. 3684, PROJECTS FOR CRITICAL MINERAL to authorize funds for Federal-aid high- lowing: EXTRACTION, RECOVERY, AND DE- ways, highway safety programs, and ‘‘(1) Individual surface disturbances of less VELOPMENT. transit programs, and for other pur- than 5 acres, on the condition that— ‘‘(a) DEFINITIONS.—In this section: ‘‘(A) the total surface disturbance on the poses; which was ordered to lie on the ‘‘(1) COVERED PROJECT.—The term ‘covered lease is not greater than 150 acres; and project’ means a proposed action that is a table; as follows: ‘‘(B) site-specific analysis in a document project for critical mineral extraction, re- At the appropriate place, insert the fol- prepared pursuant to NEPA has been pre- covery, or development. lowing: viously completed. ‘‘(2) CRITICAL MINERAL.—The term ‘critical SEC. llll. RESERVATION OF WATER RIGHTS ‘‘(2) Drilling a geothermal well at a loca- mineral’ has the meaning given the term in AT NATIONAL MONUMENTS. tion or well pad site at which drilling has oc- section 7002(a) of the Energy Act of 2020 (30 Section 320301 of title 54, United States curred during the 5-year period preceding the U.S.C. 1606(a)). Code, is amended by adding at the end the date of spudding the well. ‘‘(3) ENVIRONMENTAL IMPACT STATEMENT.— following: ‘‘(3) Drilling a geothermal well within a de- The term ‘environmental impact statement’ ‘‘(e) WATER RIGHTS.— veloped field for which an approved land use means a detailed statement required under ‘‘(1) NO RESERVATION OF WATER RIGHTS.—In plan or any environmental document pre- section 102(2)(C). designating a national monument under sub- pared pursuant to NEPA analyzed the drill- ‘‘(4) FEDERAL AGENCY.—The term ‘Federal section (a), the President may not reserve ing as a reasonably foreseeable activity, on agency’ includes a State that has assumed any implied or expressed water rights associ- the condition that the land use plan or envi- responsibility under section 327 of title 23, ated with the national monument. ronmental document was approved during United States Code. ‘‘(2) APPLICABLE LAW.—Water rights associ- the 5-year period preceding the date of spud- ‘‘(5) HEAD OF A FEDERAL AGENCY.—The term ated with a national monument designated ding the well. ‘head of a Federal agency’ includes the gov- under subsection (a) may be acquired for the ‘‘(4) Placement of a pipeline or trans- ernor or head of an applicable State agency national monument only in accordance with mission line in an approved right-of-way cor- of a State that has assumed responsibility the laws of the State in which the water ridor, on the condition that the corridor was under section 327 of title 23, United States rights are located.’’. approved during the 5-year period preceding Code. SA 2272. Mr. LEE submitted an the date of placement of the pipeline or ‘‘(6) NEPA PROCESS.— transmission line. amendment intended to be proposed to ‘‘(A) IN GENERAL.—The term ‘NEPA proc- ‘‘(5) Maintenance of a minor activity, other ess’ means the entirety of every process, amendment SA 2137 proposed by Mr. than any construction or major renovation analysis, or other measure, including an en- SCHUMER (for Ms. SINEMA (for herself, of a building or facility. vironmental impact statement, required to Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ‘‘(6) Conversion of an oil or gas well to a be carried out by a Federal agency under SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. geothermal well.’’. this title before the agency undertakes a TESTER, Ms. MURKOWSKI, Mr. WARNER, covered project. and Mr. ROMNEY)) to the bill H.R. 3684, SA 2274. Mr. LEE submitted an ‘‘(B) PERIOD.—For purposes of subpara- to authorize funds for Federal-aid high- amendment intended to be proposed to graph (A), the NEPA process— ways, highway safety programs, and amendment SA 2137 proposed by Mr. ‘‘(i) begins on the date on which the head of a Federal agency receives an application transit programs, and for other pur- SCHUMER (for Ms. SINEMA (for herself, Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- for a covered project from a project sponsor; poses; which was ordered to lie on the and SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. table; as follows: ‘‘(ii) ends on the date on which the Federal Strike title XI of division D. TESTER, Ms. MURKOWSKI, Mr. WARNER, agency issues, with respect to the covered and Mr. ROMNEY)) to the bill H.R. 3684, project— SA 2273. Mr. LEE submitted an to authorize funds for Federal-aid high- ‘‘(I) a record of decision, including, if nec- amendment intended to be proposed to ways, highway safety programs, and essary, a revised record of decision;

VerDate Sep 11 2014 05:09 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00146 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.063 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5675 ‘‘(II) a finding of no significant impact; or TESTER, Ms. MURKOWSKI, Mr. WARNER, ‘‘SEC. 105. PROJECT DELIVERY PROGRAM FOR WATER STORAGE INFRASTRUCTURE ‘‘(III) a categorical exclusion under this and Mr. ROMNEY)) to the bill H.R. 3684, PROJECTS. title. to authorize funds for Federal-aid high- ‘‘(7) PROJECT SPONSOR.—The term ‘project ways, highway safety programs, and ‘‘(a) DEFINITIONS.—In this section: sponsor’ means a Federal agency or other en- transit programs, and for other pur- ‘‘(1) AGENCY PROGRAM.—The term ‘agency tity, including a private or public-private en- program’ means a project delivery program poses; which was ordered to lie on the tity, that seeks approval of a covered established by the Secretary under sub- project. table; as follows: section (b)(1). ‘‘(b) APPLICABLE TIMELINES.— In section 999B of the Energy Policy Act of ‘‘(2) COVERED PROJECT.—The term ‘covered ‘‘(1) NEPA PROCESS.— 2005 (as added by section 40304(a)), strike sub- project’ means a water storage infrastruc- ‘‘(A) IN GENERAL.—The head of a Federal section (e). ture project that includes related trans- agency shall complete the NEPA process for In section 999B of the Energy Policy Act of mission infrastructure and other associated a covered project under the jurisdiction of 2005 (as added by section 40304(a)), redesig- infrastructure components. the Federal agency, as described in sub- nate subsections (f) and (g) as subsections (e) ‘‘(3) DEPARTMENT.—The term ‘Department’ section (a)(6)(B)(ii), not later than 2 years and (f), respectively. means the Department of the Interior. after the date described in subsection ‘‘(4) SECRETARY.—The term ‘Secretary’ (a)(6)(B)(i). SA 2277. Mr. LEE submitted an means the Secretary of the Interior. ‘‘(B) ENVIRONMENTAL DOCUMENTS.—Within amendment intended to be proposed to the period described in subparagraph (A), not amendment SA 2137 proposed by Mr. ‘‘(b) ESTABLISHMENT.— later than 1 year after the date described in ‘‘(1) IN GENERAL.—The Secretary shall SCHUMER (for Ms. SINEMA (for herself, subsection (a)(6)(B)(i), the head of the Fed- carry out a project delivery program for cov- eral agency shall, with respect to the cov- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ered projects. ered project— SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ‘‘(2) ASSUMPTION OF RESPONSIBILITY.— ‘‘(i) issue— TESTER, Ms. MURKOWSKI, Mr. WARNER, ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(I) a finding that a categorical exclusion and Mr. ROMNEY)) to the bill H.R. 3684, (B), the Secretary shall, on request of a applies to the covered project; or to authorize funds for Federal-aid high- State, enter into a written agreement with ‘‘(II) a finding of no significant impact; or ways, highway safety programs, and the State, which may be in the form of a ‘‘(ii) publish a notice of intent to prepare transit programs, and for other pur- memorandum of understanding, in which the an environmental impact statement in the poses; which was ordered to lie on the Secretary may assign, and the State may as- Federal Register. sume, the responsibilities of the Secretary table; as follows: ‘‘(C) ENVIRONMENTAL IMPACT STATEMENT.— under this title with respect to 1 or more If the head of a Federal agency publishes a In section 40201(e), strike paragraph (3) and covered projects within the State that are notice of intent described in subparagraph insert the following: under the jurisdiction of the Department. (B)(ii), within the period described in sub- (3) PRIORITIES.—In carrying out paragraph ‘‘(B) EXCEPTION.—The Secretary shall not paragraph (A) and not later than 1 year after (1), the Initiative shall prioritize— enter into a written agreement under sub- the date on which the head of the Federal (A) with regard to minerals, mineraliza- paragraph (A) if the Secretary determines agency publishes the notice of intent, the tion, and mineral deposits, mapping and as- that the State is not in compliance with the head of the Federal agency shall complete sessing critical minerals; and requirements described in subsection (c)(4). the environmental impact statement and, if (B) mapping and the review of data relat- ‘‘(C) ADDITIONAL RESPONSIBILITY.—If a necessary, any supplemental environmental ing to land that is subject to an administra- State assumes responsibility under subpara- impact statement for the covered project. tive withdrawal from mineral development. graph (A)— ‘‘(2) AUTHORIZATIONS AND PERMITS.— ‘‘(i) the Secretary may assign to the State, ‘‘(A) IN GENERAL.—Not later than 90 days SA 2278. Mr. LEE submitted an and the State may assume, all or part of the after the date described in subsection amendment intended to be proposed to responsibilities of the Secretary for environ- (a)(4)(B)(ii), the head of a Federal agency amendment SA 2137 proposed by Mr. mental review, consultation, or other action shall issue— SCHUMER (for Ms. SINEMA (for herself, required under any Federal environmental ‘‘(i) any necessary permit or authorization Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- law pertaining to the review or approval of a to carry out the covered project; or SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. specific covered project; ‘‘(ii) a denial of the permit or authoriza- TESTER, Ms. MURKOWSKI, Mr. WARNER, ‘‘(ii) at the request of the State, the Sec- tion necessary to carry out the covered retary may also assign to the State, and the project. and Mr. ROMNEY)) to the bill H.R. 3684, to authorize funds for Federal-aid high- State may assume, the responsibilities of the ‘‘(B) EFFECT OF FAILURE TO ISSUE AUTHOR- Secretary under this title with respect to 1 IZATION OR PERMIT.—If a permit or authoriza- ways, highway safety programs, and or more covered projects within the State tion described in subparagraph (A) is not transit programs, and for other pur- that are under the jurisdiction of the Depart- issued or denied within the period described poses; which was ordered to lie on the ment; but in that subparagraph, the permit or author- table; as follows: ‘‘(iii) the Secretary may not assign respon- ization shall be considered to be approved. Strike section 40105 of subtitle A of title I sibility for any conformity determination re- ‘‘(C) DENIAL OF PERMIT OR AUTHORIZATION.— of division D. quired under section 176 of the Clean Air Act ‘‘(i) IN GENERAL.—If a permit or authoriza- (42 U.S.C. 7506). tion described in subparagraph (A) is denied, SA 2279. Mr. LEE submitted an ‘‘(D) PROCEDURAL AND SUBSTANTIVE RE- the head of the Federal agency shall describe amendment intended to be proposed to QUIREMENTS.—A State shall assume responsi- to the project sponsor— bility under this section subject to the same ‘‘(I) the basis of the denial; and amendment SA 2137 proposed by Mr. SCHUMER (for Ms. SINEMA (for herself, procedural and substantive requirements as ‘‘(II) recommendations for the project would apply if that responsibility were car- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- sponsor with respect to how to address the ried out by the Department. reasons for the denial. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ‘‘(E) FEDERAL RESPONSIBILITY.—Any re- ‘‘(ii) RECOMMENDED CHANGES.—If the TESTER, Ms. MURKOWSKI, Mr. WARNER, sponsibility of the Department not explicitly project sponsor carries out the recommenda- and Mr. ROMNEY)) to the bill H.R. 3684, assumed by the State by written agreement tions of the head of the Federal agency under to authorize funds for Federal-aid high- under subparagraph (A) shall remain the re- clause (i)(II) and notifies the head of the ways, highway safety programs, and sponsibility of the Department. Federal agency that the recommendations transit programs, and for other pur- ‘‘(F) NO EFFECT ON AUTHORITY.—Nothing in have been carried out, the head of the Fed- this section preempts or interferes with any eral agency— poses; which was ordered to lie on the table; as follows: power, jurisdiction, responsibility, or au- ‘‘(I) shall decide whether to issue the per- thority of an agency, other than Depart- mit or authorization described in subpara- At the end of division E, add the following: ment, under applicable law (including regu- graph (A) not later than 90 days after the TITLE lll—PROJECT DELIVERY PRO- lations) with respect to a covered project. date on which the project sponsor submitted GRAM FOR WATER STORAGE INFRA- ‘‘(G) PRESERVATION OF FLEXIBILITY.—The the notification; and STRUCTURE PROJECTS Secretary may not require a State, as a con- ‘‘(II) shall not carry out the NEPA process dition of participation in the agency pro- with respect to the covered project again.’’. SEC. lll. PROJECT DELIVERY PROGRAM FOR WATER STORAGE INFRASTRUCTURE gram of the Department, to forego project Mr. LEE submitted an PROJECTS. delivery methods that are otherwise permis- SA 2276. Title I of the National Environmental Pol- sible for covered projects under applicable amendment intended to be proposed to icy Act of 1969 is amended— law. amendment SA 2137 proposed by Mr. (1) by redesignating section 105 (42 U.S.C. ‘‘(H) LEGAL FEES.—A State assuming the SCHUMER (for Ms. SINEMA (for herself, 4335) as section 106; and responsibilities of the Department under this Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (2) by inserting after section 104 (42 U.S.C. section for a specific covered project may SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. 4334) the following: use funds awarded to the State for that

VerDate Sep 11 2014 05:09 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00147 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.063 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5676 CONGRESSIONAL RECORD — SENATE August 2, 2021 project for attorneys’ fees directly attrib- ment under those State laws is reviewable by that describes the administration of the utable to eligible activities associated with a court of competent jurisdiction; and agency program. the covered project. ‘‘(D) agrees to maintain the financial re- ‘‘(k) TERMINATION.— ‘‘(c) STATE PARTICIPATION.— sources necessary to carry out the respon- ‘‘(1) TERMINATION BY DEPARTMENT.—The ‘‘(1) PARTICIPATING STATES.—Except as pro- sibilities being assumed; Secretary may terminate the participation vided in subsection (b)(2)(B), all States are ‘‘(4) require the State to provide to the of any State in the agency program of the eligible to participate in an agency program. Secretary any information the Secretary Department if— ‘‘(2) APPLICATION.—Not later than 270 days reasonably considers necessary to ensure ‘‘(A) the Secretary determines that the after the date of enactment of this section, that the State is adequately carrying out the State is not adequately carrying out the re- the Secretary shall amend, as appropriate, responsibilities assigned to the State; sponsibilities assigned to the State; regulations that establish requirements re- ‘‘(5) have a term of not more than 5 years; ‘‘(B) the Secretary provides to the State— lating to information required to be con- and ‘‘(i) a notification of the determination of tained in any application of a State to par- ‘‘(6) be renewable. noncompliance; ticipate in the agency program, including, at ‘‘(e) JURISDICTION.— ‘‘(ii) a period of not less than 120 days to a minimum— ‘‘(1) IN GENERAL.—The United States dis- take such corrective action as the Secretary ‘‘(A) the covered projects or classes of cov- trict courts shall have exclusive jurisdiction determines to be necessary to comply with ered projects for which the State anticipates over any civil action against a State for fail- the applicable agreement; and exercising the authority that may be grant- ure to carry out any responsibility of the ‘‘(iii) on request of the Governor of the State under this section. ed under the agency program; State, a detailed description of each respon- ‘‘(2) LEGAL STANDARDS AND REQUIRE- ‘‘(B) verification of the financial resources sibility in need of corrective action regard- MENTS.—A civil action under paragraph (1) necessary to carry out the authority that ing an inadequacy identified under subpara- shall be governed by the legal standards and may be granted under the agency program; graph (A); and requirements that would apply in such a and ‘‘(C) the State, after the notification and civil action against the Secretary had the ‘‘(C) evidence of the notice and solicitation period provided under subparagraph (B), fails Secretary taken the actions in question. of public comment by the State relating to to take satisfactory corrective action, as de- ‘‘(3) INTERVENTION.—The Secretary shall participation of the State in the agency pro- termined by the Secretary. have the right to intervene in any action de- gram, including copies of comments received ‘‘(2) TERMINATION BY THE STATE.—A State scribed in paragraph (1). may terminate the participation of the State from that solicitation. ‘‘(f) EFFECT OF ASSUMPTION OF RESPONSI- in an agency program at any time by pro- ‘‘(3) PUBLIC NOTICE.— BILITY.—A State that assumes responsibility viding to the Secretary a notice by not later ‘‘(A) IN GENERAL.—Each State that submits under subsection (b)(2) shall be solely re- than the date that is 90 days before the date an application under this subsection shall sponsible and solely liable for carrying out, of termination, and subject to such terms give notice of the intent of the State to par- in lieu of and without further approval of the ticipate in an agency program not later than Secretary, the responsibilities assumed and conditions as the Secretary may provide. ‘‘(l) CAPACITY BUILDING.—The Secretary, in 30 days before the date of submission of the under subsection (b)(2), until the agency pro- cooperation with representatives of State of- application. gram is terminated under subsection (k). ‘‘(B) METHOD OF NOTICE AND SOLICITATION.— ‘‘(g) LIMITATIONS ON AGREEMENTS.—Noth- ficials, may carry out education, training, The State shall provide notice and solicit ing in this section permits a State to assume peer-exchange, and other initiatives as ap- public comment under this paragraph by any rulemaking authority of the Secretary propriate— publishing the complete application of the under any Federal law. ‘‘(1) to assist States in developing the ca- State in accordance with the appropriate ‘‘(h) AUDITS.— pacity to participate in the agency program public notice law of the State. ‘‘(1) IN GENERAL.—To ensure compliance by of the Department; and ‘‘(4) SELECTION CRITERIA.—The Secretary a State with any agreement of the State ‘‘(2) to promote information sharing and may approve the application of a State under under subsection (d) (including compliance collaboration among States that are partici- this section only if— by the State with all Federal laws for which pating in the agency program of the Depart- ‘‘(A) the regulatory requirements under responsibility is assumed under subsection ment. paragraph (2) have been met; (b)(2)), for each State participating in an ‘‘(m) RELATIONSHIP TO LOCALLY ADMINIS- ‘‘(B) the Secretary determines that the agency program, the Secretary shall— TERED COVERED PROJECTS.—A State granted State has the capability, including financial ‘‘(A) not later than 180 days after the date authority under an agency program may, as and personnel, to assume the responsibility; of execution of the agreement, meet with the appropriate and at the request of a local gov- and State to review implementation of the agree- ernment— ‘‘(C) the Secretary having primary juris- ment and discuss plans for the first annual ‘‘(1) exercise that authority on behalf of diction over the covered project enters into a audit; the local government for a locally adminis- written agreement with the Secretary as de- ‘‘(B) conduct annual audits during each of tered covered project; or scribed in subsection (d). the first 4 years of State participation; and ‘‘(2) provide guidance and training on con- ‘‘(5) OTHER FEDERAL AGENCY VIEWS.—If a ‘‘(C) ensure that the time period for com- solidating and minimizing the documenta- State applies to assume a responsibility of pleting an annual audit, from initiation to tion and environmental analyses necessary the Department that would have required completion (including public comment and for sponsors of a locally administered cov- the Secretary to consult with the head of an- responses to those comments), does not ex- ered project to comply with this title and other Federal agency, the Secretary shall so- ceed 180 days. any comparable requirements under State licit the views of the head of the other Fed- ‘‘(2) PUBLIC AVAILABILITY AND COMMENT.— law.’’. eral agency before approving the application. ‘‘(A) IN GENERAL.—An audit conducted under paragraph (1) shall be provided to the SA 2280. Mr. LEE submitted an ‘‘(d) WRITTEN AGREEMENT.—A written public for comment. agreement under subsection (b)(2)(A) shall— amendment intended to be proposed to ‘‘(B) RESPONSE.—Not later than 60 days ‘‘(1) be executed by the Governor or the amendment SA 2137 proposed by Mr. after the date on which the period for public top-ranking official in the State who is SCHUMER (for Ms. SINEMA (for herself, comment ends, the Secretary shall respond Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- charged with responsibility for the covered to public comments received under subpara- project; graph (A). SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ‘‘(2) be in such form as the Secretary may ‘‘(3) AUDIT TEAM.— TESTER, Ms. MURKOWSKI, Mr. WARNER, prescribe; ‘‘(A) IN GENERAL.—An audit conducted and Mr. ROMNEY)) to the bill H.R. 3684, ‘‘(3) provide that the State— under paragraph (1) shall be carried out by to authorize funds for Federal-aid high- ‘‘(A) agrees to assume all or part of the re- an audit team determined by the Secretary, sponsibilities of the Department described in ways, highway safety programs, and in consultation with the State, in accord- transit programs, and for other pur- subparagraphs (A) and (C) of subsection ance with subparagraph (B). (b)(2); poses; which was ordered to lie on the ‘‘(B) CONSULTATION.—Consultation with ‘‘(B) expressly consents, on behalf of the the State under subparagraph (A) shall in- table; as follows: State, to accept the jurisdiction of the Fed- clude a reasonable opportunity for the State At the appropriate place, insert the fol- eral courts for the compliance, discharge, to review and provide comments on the pro- lowing: and enforcement of any responsibility of the posed members of the audit team. SEC. lllll. DROUGHT AS AN ELIGIBLE CAUSE Department assumed by the State; ‘‘(i) MONITORING.—After the fourth year of OF LOSS UNDER THE LIVESTOCK IN- ‘‘(C) certifies that State laws (including the participation of a State in an agency DEMNITY PROGRAM. regulations) are in effect that— program, the Secretary shall monitor com- Section 1501(b)(1)(B) of the Agricultural ‘‘(i) authorize the State to take the actions pliance by the State with the written agree- Act of 2014 (7 U.S.C. 9081(b)(1)(B)) is amended necessary to carry out the responsibilities ment, including the provision by the State of by inserting ‘‘drought,’’ after ‘‘extreme being assumed; and financial resources to carry out the written heat,’’. ‘‘(ii) are comparable to section 552 of title agreement. 5, including providing that any decision re- ‘‘(j) REPORT TO CONGRESS.—The Secretary SA 2281. Mr. DAINES submitted an garding the public availability of a docu- shall submit to Congress an annual report amendment intended to be proposed to

VerDate Sep 11 2014 05:09 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00148 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.065 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5677 amendment SA 2137 proposed by Mr. support program and each Universal Service preliminary injunction of the United States SCHUMER (for Ms. SINEMA (for herself, Fund Program; and District Court for the Western District of Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ‘‘(II) the program standards with respect to Louisiana in State of Louisiana v. Joseph R. each Federal broadband support program and Biden, Jr., No. 2:21–CV–00778 (W.D. La.). SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. each Universal Service Fund Program; and (b) OFFSHORE LEASING.— TESTER, Ms. MURKOWSKI, Mr. WARNER, ‘‘(ii) with respect to the copy of the report (1) GULF OF MEXICO REGION ANNUAL LEASE and Mr. ROMNEY)) to the bill H.R. 3684, submitted to the Comptroller General of the SALES.—Notwithstanding any other provi- to authorize funds for Federal-aid high- United States, in order to facilitate the re- sion of law, beginning in fiscal year 2022, the ways, highway safety programs, and port required under paragraph (2), includes Secretary shall hold a minimum of 2 region- transit programs, and for other pur- an appendix containing detailed information wide oil and natural gas lease sales annually poses; which was ordered to lie on the for, during the period described in clause (i), in the Gulf of Mexico Region of the outer table; as follows: each award, grant, project, loan, or other Continental Shelf, each of which shall in- funding mechanism under each Federal clude areas in— At the appropriate place in division A, in- broadband support program and each Uni- (A) the Central Gulf of Mexico Planning sert the following: versal Service Fund Program. Area; and lll SEC. . COVERED PROJECTS UNDER TITLE ‘‘(2) GAO REPORT.—Not later than 18 (B) the Western Gulf of Mexico Planning XLI OF THE FAST ACT. months after the date on which the Office Area. Section 41001(6)(A) of the FAST Act (42 submits the report required under paragraph (2) ALASKA REGION ANNUAL LEASE SALES.— U.S.C. 4370m(6)(A)) is amended, in the matter (1)(B), the Comptroller General of the United Notwithstanding any other provision of law, preceding clause (i), by inserting ‘‘critical States shall, to the extent possible in consid- beginning in fiscal year 2022, the Secretary minerals production,’’ before ‘‘or any other eration of the information made available by shall hold a minimum of 2 region-wide oil sector’’. the Office under paragraph (1) (and by other and natural gas lease sales annually in the SA 2282. Mr. DAINES submitted an Federal agencies with respect to other re- Alaska Region of the outer Continental ports required to be submitted or published amendment intended to be proposed to Shelf, as described the 2017–2022 Outer Conti- by the Comptroller General), submit to Con- nental Shelf Oil and Gas Leasing Proposed amendment SA 2137 proposed by Mr. gress a report that examines all Federal Final Program (November 2016). SCHUMER (for Ms. SINEMA (for herself, broadband support programs and Universal (3) ATLANTIC REGION AND PACIFIC REGION AN- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- Service Fund Programs, which shall address NUAL LEASE SALES.—The Secretary shall im- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. the following: mediately review and make proposals for the TESTER, Ms. MURKOWSKI, Mr. WARNER, ‘‘(A) The direct impact that funding Fed- offshore wind leasing program for the Atlan- and Mr. ROMNEY)) to the bill H.R. 3684, eral broadband support programs and Uni- tic and Pacific Regions of the outer Conti- to authorize funds for Federal-aid high- versal Service Fund Programs has had on in- nental Shelf in order to reach the goal of creases in broadband access. ways, highway safety programs, and holding a minimum of 2 region-wide wind ‘‘(B) The relationship between— lease sales annually in each of the Atlantic transit programs, and for other pur- ‘‘(i) the amount of funding made available and Pacific Regions of the outer Continental poses; which was ordered to lie on the to Federal broadband support programs and Shelf. table; as follows: Universal Service Fund Programs; and (c) ONSHORE LEASE SALES.— At the appropriate place in division F, in- ‘‘(ii) the increase in the number of resi- (1) IN GENERAL.—Notwithstanding any sert the following: dences, businesses, and other institutions in other provision of law, in accordance with SEC. lll. REPORTS. the United States that have access to the Mineral Leasing Act (30 U.S.C. 181 et The ACCESS BROADBAND Act (section broadband. seq.), beginning in fiscal year 2022, the Sec- 903 of division FF of Public Law 116–260) is ‘‘(C) With respect to support provided retary shall hold a minimum of 4 oil and nat- amended— under Federal broadband support programs ural gas lease sales annually in each of the (1) in subsection (c)(2), by striking subpara- and Universal Service Fund Programs during following States: graph (C); the period described in paragraph (1)(B), the (A) Wyoming. (2) by redesignating subsections (g) and (h) amount of that support that was used to up- (B) New Mexico. as subsections (h) and (i), respectively; and grade existing broadband service, as com- (C) Colorado. (3) by inserting after subsection (f) the fol- pared to the amount of that support that was (D) Utah. lowing: used to provide new broadband service. (E) Montana. ‘‘(g) REPORTS.— ‘‘(D) The extent to which support is dis- (F) North Dakota. ‘‘(1) OFFICE REPORTS.— tributed under Federal broadband support (G) Oklahoma. ‘‘(A) ANNUAL REPORT ON TRACKING OF FED- programs and Universal Service Fund Pro- (H) Nevada. ERAL DOLLARS.—Not later than 1 year after grams in rural areas and urban areas, as (2) REQUIREMENT.—In holding a lease sale the date of enactment of this Act, and annu- those terms are defined by the Department under paragraph (1) in a State described in ally thereafter, the Office shall make public of Agriculture. that paragraph, the Secretary shall offer all on the website of the Office and submit to ‘‘(E) The extent to which any support pro- parcels eligible for oil and gas development the Committee on Commerce, Science, and vided under any Federal broadband support under the resource management plan in ef- Transportation of the Senate and the Com- program or Universal Service Fund Program fect for the State. mittee on Energy and Commerce of the has been used to overbuild an area that— House of Representatives a report on the fol- ‘‘(i) already has access to broadband; or SA 2284. Mr. REED submitted an lowing, with respect to the year covered by ‘‘(ii) has received support for broadband de- amendment intended to be proposed to ployment under another Federal broadband the report: amendment SA 2137 proposed by Mr. ‘‘(i) The number of households, businesses, support program or Universal Service Fund SCHUMER (for Ms. SINEMA (for herself, and other institutions in the United States Program.’’. that received broadband as the result of Fed- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- eral broadband support programs and the SA 2283. Mr. DAINES submitted an SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. Universal Service Fund Programs. amendment intended to be proposed to TESTER, Ms. MURKOWSKI, Mr. WARNER, ‘‘(ii) A description of how many house- amendment SA 2137 proposed by Mr. and Mr. ROMNEY)) to the bill H.R. 3684, holds, businesses, and other institutions in SCHUMER (for Ms. SINEMA (for herself, to authorize funds for Federal-aid high- the United States were provided broadband Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ways, highway safety programs, and by which universal service mechanism or SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. transit programs, and for other pur- which Federal broadband support program. TESTER, Ms. MURKOWSKI, Mr. WARNER, poses; which was ordered to lie on the ‘‘(B) RETROSPECTIVE REPORT.—Not later and Mr. ROMNEY)) to the bill H.R. 3684, table; as follows: than 1 year after the date of enactment of to authorize funds for Federal-aid high- this Act, the Office shall submit to the Com- On page 201, strike line 13 and insert the mittee on Commerce, Science, and Transpor- ways, highway safety programs, and following: tation of the Senate, the Committee on En- transit programs, and for other pur- (1) in subsection (b)— ergy and Commerce of the House of Rep- poses; which was ordered to lie on the (A) by striking ‘‘(b) The geometric’’ and in- resentatives, and the Comptroller General of table; as follows: serting the following: the United States a report that— At the appropriate place in division I, in- ‘‘(b) DESIGN CRITERIA FOR THE INTERSTATE ‘‘(i) details, for fiscal years 2011 through sert the following: SYSTEM.—The geometric’’; and 2021, the total amount of support provided SEC. 90lll. OIL AND NATURAL GAS AND WIND (B) in the second sentence, by striking under Federal broadband support programs LEASING. ‘‘the types and volumes of traffic anticipated and the Universal Service Fund programs, (a) IN GENERAL.—The Secretary of the In- for such project for the twenty-year period which shall include specificity regarding— terior (referred to in this section as the commencing on the date of approval by the ‘‘(I) for that period, how much support has ‘‘Secretary’’) shall immediately resume oil Secretary, under section 106 of this title, of been provided under each Federal broadband and gas lease sales in compliance with the the plans, specifications, and estimates for

VerDate Sep 11 2014 05:09 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00149 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.065 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5678 CONGRESSIONAL RECORD — SENATE August 2, 2021 actual construction of such project’’ and in- SA 2288. Mr. BARRASSO submitted cle, any fuel cell electric vehicle, or any serting ‘‘the existing and future operational an amendment intended to be proposed other alternative fuel vehicle. performance of the facility’’; to amendment SA 2137 proposed by Mr. ‘‘(B) PLUG-IN ELECTRIC VEHICLE.—The term (2) in subsection (d)— ‘plug-in electric vehicle’ means a motor ve- SCHUMER (for Ms. SINEMA (for herself, On page 202, line 5, strike ‘‘(2)’’ and insert hicle which is propelled to a significant ex- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ‘‘(3)’’. tent by an electric motor which draws elec- On page 202, line 23, strike ‘‘(3)’’ and insert SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. tricity from a battery which— ‘‘(4)’’. TESTER, Ms. MURKOWSKI, Mr. WARNER, ‘‘(i) has a capacity of not less than 4 kilo- and Mr. ROMNEY)) to the bill H.R. 3684, watt hours, and SA 2285. Mr. BARRASSO submitted to authorize funds for Federal-aid high- ‘‘(ii) is capable of being recharged from an an amendment intended to be proposed ways, highway safety programs, and external source of electricity. to amendment SA 2137 proposed by Mr. transit programs, and for other pur- ‘‘(C) FUEL CELL ELECTRIC VEHICLE.—The SCHUMER (for Ms. SINEMA (for herself, poses; which was ordered to lie on the term ‘fuel cell electric vehicle’ means a motor vehicle which is propelled to a signifi- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- table; as follows: cant extent by an electric motor which At the appropriate place in division H, in- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. draws electricity from hydrogen converted sert the following: TESTER, Ms. MURKOWSKI, Mr. WARNER, to electricity by a fuel cell. and Mr. ROMNEY)) to the bill H.R. 3684, SEC. lll. FEDERAL HIGHWAY USER FEE ON AL- TERNATIVE FUEL VEHICLES. ‘‘(D) OTHER ALTERNATIVE FUEL VEHICLE.— to authorize funds for Federal-aid high- (a) IMPOSITION OF FEE.— The term ‘other alternative fuel vehicle’ ways, highway safety programs, and (1) IN GENERAL.—Subtitle D of the Internal means a motor vehicle (other than a plug-in transit programs, and for other pur- Revenue Code of 1986 is amended by adding electric vehicle or a fuel cell electric vehicle) poses; which was ordered to lie on the at the end the following new chapter: which is propelled to a significant extent by an electric motor which draws power from table; as follows: ‘‘CHAPTER 50A—ALTERNATIVE FUEL any source that is not subject to tax under VEHICLE HIGHWAY USER FEE At the appropriate place in division C, in- section 4041 or 4081 (determined without re- sert the following: ‘‘Sec. 5000D. Alternative fuel vehicle high- gard to any exemption for a specific use). way user fee. SEC. 3llll. PROHIBITION ON USE OF FUNDS ‘‘(2) MOTOR VEHICLE.—The term ‘motor ve- TO PURCHASE ZERO EMISSIONS OR ‘‘SEC. 5000D. ALTERNATIVE FUEL VEHICLE HIGH- hicle’ means any vehicle which is manufac- LOW EMISSIONS BUSES OR FERRIES WAY USER FEE. tured primarily for use on public streets, MANUFACTURED IN THE PEOPLE’S ‘‘(a) IN GENERAL.—There is imposed a user roads, and highways (not including a vehicle REPUBLIC OF CHINA. fee on any alternative fuel vehicle used in operated exclusively on a rail or rails). Notwithstanding any other provision of the United States during the taxable year. ‘‘(d) LIABILITY.—The fee imposed under law, none of the amounts made available ‘‘(b) RATE OF FEE.— this section shall be paid by the person who under this Act (including any division of this ‘‘(1) IN GENERAL.—The fee imposed under owns the alternative fuel vehicle. Act) may be used to purchase a zero emis- subsection (a) with respect to any alter- ‘‘(e) ADMINISTRATION AND PROCEDURE.— sions bus, low emissions bus, zero emissions native fuel vehicle shall be the product of— ‘‘(1) IN GENERAL.—The fee imposed under ferry, or low emissions ferry that is manu- ‘‘(A) the average gallons of fuel consump- this section shall be paid upon notice and de- factured in, or the components of which are tion per vehicle for motor vehicles in the mand by the Secretary, and shall be assessed manufactured in, the People’s Republic of same category as such alternative fuel vehi- and collected in the same manner as taxes. China. cle, multiplied by ‘‘(B)(i) in the case of an alternative fuel ve- Except as otherwise provided, any reference in this title to ‘tax’ imposed by this title SA 2286. Mr. BARRASSO submitted hicle in a category of vehicles which are or- dinarily powered by gasoline, the rate of tax shall be deemed also to refer to the fee pro- an amendment intended to be proposed vided by this section. to amendment SA 2137 proposed by Mr. under section 4081(a)(2)(A)(i) in effect for the first day of the calendar year, and ‘‘(2) TIME AT WHICH FEE COLLECTED.—Any SCHUMER (for Ms. SINEMA (for herself, ‘‘(ii) in the case of an alternative fuel vehi- fee due under this section shall be included Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- cle in a category of vehicles which are ordi- with a taxpayer’s return under chapter 1 for SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. narily powered by diesel fuel, the rate of tax the taxable year.’’. TESTER, Ms. MURKOWSKI, Mr. WARNER, under section 4081(a)(2)(A)(iii) in effect for (2) CLERICAL AMENDMENT.—The table of and Mr. ROMNEY)) to the bill H.R. 3684, the first day of the calendar year. chapters for subtitle D of the Internal Rev- enue Code of 1986 is amended by adding at to authorize funds for Federal-aid high- ‘‘(2) CATEGORIES OF VEHICLES.— the end the following new item: ways, highway safety programs, and ‘‘(A) IN GENERAL.—For purposes of this sub- transit programs, and for other pur- section, the Secretary, in consultation with ‘‘CHAPTER 50A—ALTERNATIVE FUEL VEHICLE HIGHWAY USER FEE’’. poses; which was ordered to lie on the the Secretary of Transportation, shall— ‘‘(i) establish categories of similar motor table; as follows: (b) TRANSFERS OF FEES TO HIGHWAY TRUST vehicles for purposes of administering this FUND.—Section 9503(b)(1) of the Internal Rev- Strike section 90001 and insert the fol- section, and enue Code of 1986 is amended— lowing: ‘‘(ii) assign all motor vehicles that are (1) by inserting ‘‘and fees’’ after ‘‘the SEC. 90001. EXTENSION OF DIRECT SPENDING RE- commonly sold in the United States to one taxes’’, and DUCTIONS THROUGH FISCAL YEAR of the categories established under clause (i). (2) by striking ‘‘and’’ at the end of subpara- 2031. ‘‘(B) CRITERIA.—In establishing the cat- graph (D), by striking the period at the end Section 251A(6)(B) of the Balanced Budget egories under subparagraph (A)(i) and assign- of subparagraph (E) and inserting ‘‘, and’’, and Emergency Deficit Control Act of 1985 (2 ing motor vehicles to such categories under and by inserting after subparagraph (E) the U.S.C. 901a(6)) is amended, in the matter pre- subparagraph (A)(ii), the Secretary shall following new subparagraph: ceding clause (i), by striking ‘‘2030’’ and in- consider— ‘‘(F) section 5000D (relating to alternative serting ‘‘2031’’. ‘‘(i) gross vehicle weight rating, fuel vehicle highway user fee).’’. ‘‘(ii) the number of wheels of the vehicle, (c) EFFECTIVE DATE.—The amendments SA 2287. Mr. BARRASSO submitted ‘‘(iii) the common use of the vehicle, made by this section shall apply to taxable an amendment intended to be proposed ‘‘(iv) whether comparable vehicles are ordi- years beginning after the date of the enact- by him to the bill H.R. 3684, to author- narily powered by gasoline or diesel fuel, and ment of this section. ize funds for Federal-aid highways, ‘‘(v) such other factors as the Secretary, in highway safety programs, and transit consultation with the Secretary of Transpor- SA 2289. Mr. BARRASSO submitted programs, and for other purposes; tation, deems relevant. an amendment intended to be proposed ‘‘(3) AVERAGE GALLONS OF FUEL CONSUMP- to amendment SA 2137 proposed by Mr. which was ordered to lie on the table; TION.—For purposes of this subsection, the SCHUMER (for Ms. SINEMA (for herself, as follows: average gallons of fuel consumption for each At the appropriate place, insert the fol- category of motor vehicles— Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- lowing: ‘‘(A) shall be determined by the Secretary, SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. SEC. llll. PROHIBITION ON FEDERAL PUR- in consultation with the Secretary of Trans- TESTER, Ms. MURKOWSKI, Mr. WARNER, CHASE OF ZERO EMISSIONS VEHI- portation, taking into account only the and Mr. ROMNEY)) to the bill H.R. 3684, CLES MANUFACTURED IN THE PEO- motor vehicles in such category that are not to authorize funds for Federal-aid high- PLE’S REPUBLIC OF CHINA. alternative fuel vehicles, and ways, highway safety programs, and Notwithstanding any other provision of ‘‘(B) shall be updated annually. transit programs, and for other pur- law, the Federal Government may not pur- ‘‘(c) DEFINITIONS.—For purposes of this sec- chase any zero emissions vehicle that is tion— poses; which was ordered to lie on the manufactured in, or the components of ‘‘(1) ALTERNATIVE FUEL VEHICLE.— table; as follows: which are manufactured in, the People’s Re- ‘‘(A) IN GENERAL.—The term ‘alternative At the appropriate place in division H, in- public of China. fuel vehicle’ means any plug-in electric vehi- sert the following:

VerDate Sep 11 2014 05:09 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00150 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.074 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5679 SEC. ll. TERMINATION AND REPEAL OF CREDIT ‘‘(3) AVERAGE GALLONS OF FUEL CONSUMP- amendment SA 2137 proposed by Mr. FOR NEW QUALIFIED PLUG-IN ELEC- TION.—For purposes of this subsection, the CHUMER INEMA TRIC DRIVE MOTOR VEHICLES. S (for Ms. S (for herself, average gallons of fuel consumption for each Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (a) TERMINATION.—Section 30D of the Inter- category of motor vehicles— SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. nal Revenue Code of 1986 is amended by add- ‘‘(A) shall be determined by the Secretary, ing at the end the following new subsection: in consultation with the Secretary of Trans- TESTER, Ms. MURKOWSKI, Mr. WARNER, ‘‘(h) TERMINATION.—Notwithstanding any portation, taking into account only the and Mr. ROMNEY)) to the bill H.R. 3684, of the preceding provisions of this section, to authorize funds for Federal-aid high- this section shall not apply to vehicles motor vehicles in such category that are not placed in service after the date that is 30 alternative fuel vehicles, and ways, highway safety programs, and days after the date of the enactment of this ‘‘(B) shall be updated annually. transit programs, and for other pur- subsection.’’. ‘‘(c) DEFINITIONS.—For purposes of this sec- poses; which was ordered to lie on the tion— (b) REPEAL.— table; as follows: ‘‘(1) ALTERNATIVE FUEL VEHICLE.— (1) IN GENERAL.—Subpart B of part IV of At the end of division I, add the following: subchapter A of chapter 1 of the Internal ‘‘(A) IN GENERAL.—The term ‘alternative SEC. 9lllll. RESCISSION. Revenue Code of 1986 is amended by striking fuel vehicle’ means any plug-in electric vehi- Notwithstanding any other provision of section 30D (and by striking the item relat- cle, any fuel cell electric vehicle, or any law, including any provision of any division ing to such section in the table of sections other alternative fuel vehicle. of this Act or an amendment made by any di- for such subpart). ‘‘(B) PLUG-IN ELECTRIC VEHICLE.—The term vision of this Act, of the amounts made (2) CONFORMING AMENDMENTS.— ‘plug-in electric vehicle’ means a motor ve- available by the American Rescue Plan Act (A) Section 38(b) of the Internal Revenue hicle which is propelled to a significant ex- of 2021 (Public Law 117–2; 135 Stat. 4) (includ- Code of 1986 is amended by striking para- tent by an electric motor which draws elec- ing any amendments made by that Act), ex- graph (30). tricity from a battery which— cept for amounts made available under sub- (B) Section 1016(a) of such Code is amended ‘‘(i) has a capacity of not less than 4 kilo- title D, E, F, G, or H of title II of that Act by striking paragraph (37). watt hours, and (or an amendment made by any such sub- (C) Section 6501(m) of such Code is amend- ‘‘(ii) is capable of being recharged from an title), and remaining unobligated on the date ed by striking ‘‘30D(e)(4),’’. external source of electricity. of enactment of this Act, an amount equal to (3) EFFECTIVE DATE.—The amendments ‘‘(C) FUEL CELL ELECTRIC VEHICLE.—The the total amount authorized to be appro- made by this subsection shall apply to tax- term ‘fuel cell electric vehicle’ means a priated under this Act (including any amend- able years beginning after the date that is 1 motor vehicle which is propelled to a signifi- ments made by this Act) from the general year and 30 days after the date of the enact- cant extent by an electric motor which fund of the Treasury (or, if the full amount ment of this Act. draws electricity from hydrogen converted to electricity by a fuel cell. is not unobligated on that date, the portion SEC. ll. FEDERAL HIGHWAY USER FEE ON AL- of that amount that remains unobligated) is TERNATIVE FUEL VEHICLES. ‘‘(D) OTHER ALTERNATIVE FUEL VEHICLE.— rescinded. (a) IMPOSITION OF FEE.— The term ‘other alternative fuel vehicle’ (1) IN GENERAL.—Subtitle D of the Internal means a motor vehicle (other than a plug-in Revenue Code of 1986 is amended by adding electric vehicle or a fuel cell electric vehicle) SA 2291. Ms. ERNST submitted an at the end the following new chapter: which is propelled to a significant extent by amendment intended to be proposed to ‘‘CHAPTER 50A—ALTERNATIVE FUEL an electric motor which draws power from amendment SA 2137 proposed by Mr. VEHICLE HIGHWAY USER FEE any source that is not subject to tax under SCHUMER (for Ms. SINEMA (for herself, section 4041 or 4081 (determined without re- ‘‘Sec. 5000D. Alternative fuel vehicle high- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- gard to any exemption for a specific use). way user fee. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ‘‘(2) MOTOR VEHICLE.—The term ‘motor ve- ‘‘SEC. 5000D. ALTERNATIVE FUEL VEHICLE HIGH- hicle’ means any vehicle which is manufac- TESTER, Ms. MURKOWSKI, Mr. WARNER, WAY USER FEE. tured primarily for use on public streets, and Mr. ROMNEY)) to the bill H.R. 3684, ‘‘(a) IN GENERAL.—There is imposed a user roads, and highways (not including a vehicle to authorize funds for Federal-aid high- fee on any alternative fuel vehicle used in ways, highway safety programs, and the United States during the taxable year. operated exclusively on a rail or rails). ‘‘(d) LIABILITY.—The fee imposed under ‘‘(b) RATE OF FEE.— transit programs, and for other pur- this section shall be paid by the person who ‘‘(1) IN GENERAL.—The fee imposed under poses; which was ordered to lie on the subsection (a) with respect to any alter- owns the alternative fuel vehicle. table; as follows: ‘‘(e) ADMINISTRATION AND PROCEDURE.— native fuel vehicle shall be the product of— In section 40107, strike subsection (b) and ‘‘(A) the average gallons of fuel consump- ‘‘(1) IN GENERAL.—The fee imposed under this section shall be paid upon notice and de- insert the following: tion per vehicle for motor vehicles in the (b) AUTHORIZATION OF APPROPRIATIONS.— same category as such alternative fuel vehi- mand by the Secretary, and shall be assessed and collected in the same manner as taxes. There is authorized to be appropriated to the cle, multiplied by Secretary— ‘‘(B)(i) in the case of an alternative fuel ve- Except as otherwise provided, any reference in this title to ‘tax’ imposed by this title (1) to carry out the Smart Grid Investment hicle in a category of vehicles which are or- Matching Grant Program established under dinarily powered by gasoline, the rate of tax shall be deemed also to refer to the fee pro- vided by this section. section 1306(a) of the Energy Independence under section 4081(a)(2)(A)(i) in effect for the and Security Act of 2007 (42 U.S.C. 17386(a)) first day of the calendar year, and ‘‘(2) TIME AT WHICH FEE COLLECTED.—Any fee due under this section shall be included $1,500,000,000 for fiscal year 2022, to remain ‘‘(ii) in the case of an alternative fuel vehi- available through September 30, 2026; and cle in a category of vehicles which are ordi- with a taxpayer’s return under chapter 1 for the taxable year.’’. (2) to carry out a grant program to install narily powered by diesel fuel, the rate of tax ethanol blender pump infrastructure (2) CLERICAL AMENDMENT.—The table of under section 4081(a)(2)(A)(iii) in effect for $1,500,000,000 for fiscal year 2022, to remain the first day of the calendar year. chapters for subtitle D of the Internal Rev- enue Code of 1986 is amended by adding at available through September 30, 2026. ‘‘(2) CATEGORIES OF VEHICLES.— the end the following new item: ‘‘(A) IN GENERAL.—For purposes of this sub- SA 2292. Ms. ERNST submitted an ‘‘CHAPTER 50A—ALTERNATIVE FUEL VEHICLE section, the Secretary, in consultation with amendment intended to be proposed to HIGHWAY USER FEE’’. the Secretary of Transportation, shall— amendment SA 2137 proposed by Mr. ‘‘(i) establish categories of similar motor (b) TRANSFERS OF FEES TO HIGHWAY TRUST SCHUMER (for Ms. SINEMA (for herself, vehicles for purposes of administering this FUND.—Section 9503(b)(1) of the Internal Rev- section, and enue Code of 1986 is amended— Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ‘‘(ii) assign all motor vehicles that are (1) by inserting ‘‘and fees’’ after ‘‘the SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. commonly sold in the United States to one taxes’’, and TESTER, Ms. MURKOWSKI, Mr. WARNER, of the categories established under clause (i). (2) by striking ‘‘and’’ at the end of subpara- and Mr. ROMNEY)) to the bill H.R. 3684, ‘‘(B) CRITERIA.—In establishing the cat- graph (D), by striking the period at the end to authorize funds for Federal-aid high- egories under subparagraph (A)(i) and assign- of subparagraph (E) and inserting ‘‘, and’’, ways, highway safety programs, and ing motor vehicles to such categories under and by inserting after subparagraph (E) the transit programs, and for other pur- subparagraph (A)(ii), the Secretary shall following new subparagraph: consider— ‘‘(F) section 5000D (relating to alternative poses; which was ordered to lie on the ‘‘(i) gross vehicle weight rating, fuel vehicle highway user fee).’’. table; as follows: ‘‘(ii) the number of wheels of the vehicle, (c) EFFECTIVE DATE.—The amendments At the appropriate place in title XII of di- ‘‘(iii) the common use of the vehicle, made by this section shall apply to taxable vision D, insert the following: ‘‘(iv) whether comparable vehicles are ordi- years beginning after the date of the enact- SEC. 412ll. PROHIBITION ON FEES OR PEN- narily powered by gasoline or diesel fuel, and ment of this section. ALTIES ON ENERGY FACILITIES. ‘‘(v) such other factors as the Secretary, in No Federal agency may impose any new fee consultation with the Secretary of Transpor- SA 2290. Mr. JOHNSON submitted an or penalty on energy facilities if the imposi- tation, deems relevant. amendment intended to be proposed to tion of the fee or penalty would result in

VerDate Sep 11 2014 05:09 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00151 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.073 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5680 CONGRESSIONAL RECORD — SENATE August 2, 2021 higher energy prices for taxpayers or small the proceeds of a secured loan under the United States Government for a civil penalty businesses in the United States. TIFIA program shall be considered to be part of at least $100, but not more than $500, for of the non-Federal share of project costs re- each violation. SA 2293. Ms. ERNST submitted an quired under this title or chapter 53 of title ‘‘(B) CLARIFICATION.—A separate violation amendment intended to be proposed to 49, if the loan is repayable from non-Federal of subsection (d) occurs for each equine that amendment SA 2137 proposed by Mr. funds.’’. is transported, or caused to be transported, SCHUMER (for Ms. SINEMA (for herself, Beginning on page 684, strike line 22 and in violation of that subsection. ‘‘(C) RELATIONSHIP TO OTHER LAWS.—A pen- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- all that follows through page 685, line 2, and insert the following: alty imposed under subparagraph (A) shall be SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ‘‘(n) NON-FEDERAL SHARE.—The proceeds of in addition to any penalty or remedy avail- TESTER, Ms. MURKOWSKI, Mr. WARNER, a secured loan provided under this section able under any other law.’’. and Mr. ROMNEY)) to the bill H.R. 3684, shall be considered to be part of the non-Fed- to authorize funds for Federal-aid high- eral share of project costs required under SA 2297. Mrs. BLACKBURN (for her- ways, highway safety programs, and this title, if the loan is repayable from non- self and Mr. HAGERTY) submitted an transit programs, and for other pur- Federal funds.’’. amendment intended to be proposed to amendment SA 2137 proposed by Mr. poses; which was ordered to lie on the Mr. MENENDEZ submitted SA 2296. SCHUMER (for Ms. SINEMA (for herself, table; as follows: an amendment intended to be proposed Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- At the end of title V of division B, add fol- to amendment SA 2137 proposed by Mr. lowing: SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. SCHUMER (for Ms. SINEMA (for herself, SEC. 25028. STUDY ON ELECTRIC VEHICLE EMIS- TESTER, Ms. MURKOWSKI, Mr. WARNER, ORTMAN ANCHIN AS SIONS. Mr. P , Mr. M , Mr. C - and Mr. ROMNEY)) to the bill H.R. 3684, The Secretary of Energy or a National SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. to authorize funds for Federal-aid high- Laboratory shall conduct a study on the TESTER, Ms. MURKOWSKI, Mr. WARNER, ways, highway safety programs, and emissions of the full lifecycle of an electric and Mr. ROMNEY)) to the bill H.R. 3684, transit programs, and for other pur- vehicle, from battery production to disposal, to authorize funds for Federal-aid high- poses; which was ordered to lie on the including— ways, highway safety programs, and table; as follows: (1) the emissions associated with the elec- transit programs, and for other pur- tricity generated to power the vehicle On page 408, strike lines 18 and 19 and in- poses; which was ordered to lie on the sert the following: throughout its life; table; as follows: (2) the critical minerals used in the bat- Union’’; teries; and At the appropriate place in division B, in- (3) in subparagraph (K)— (3) the mineral refining and transport. sert the following: (A) by inserting ‘‘Hickman, Houston, Hum- SEC. lllll. TRANSPORTATION OF HORSES. phries,’’ after ‘‘Hawkins,’’; and SA 2294. Ms. ERNST submitted an Section 80502 of title 49, United States (B) by inserting ‘‘Perry,’’ after ‘‘Overton,’’; amendment intended to be proposed to Code, is amended— and (4) in subparagraph (M), by inserting ‘‘, of amendment SA 2137 proposed by Mr. (1) in subsection (c), by striking ‘‘This sec- tion does not’’ and inserting ‘‘Subsections (a) SCHUMER (for Ms. SINEMA (for herself, and (b) shall not’’; SA 2298. Mrs. BLACKBURN sub- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (2) by redesignating subsection (d) as sub- mitted an amendment intended to be SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. section (e); proposed to amendment SA 2137 pro- TESTER, Ms. MURKOWSKI, Mr. WARNER, (3) by inserting after subsection (c) the fol- posed by Mr. SCHUMER (for Ms. SINEMA and Mr. ROMNEY)) to the bill H.R. 3684, lowing: (for herself, Mr. PORTMAN, Mr. to authorize funds for Federal-aid high- ‘‘(d) TRANSPORTATION OF EQUINES.— MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, ‘‘(1) DEFINITIONS.—In this subsection: ways, highway safety programs, and Ms. COLLINS, Mr. TESTER, Ms. MUR- ‘‘(A) EQUINE.—The term ‘equine’ means any transit programs, and for other pur- member of the Equidae family. KOWSKI, Mr. WARNER, and Mr. ROMNEY)) poses; which was ordered to lie on the ‘‘(B) MOTOR VEHICLE.— to the bill H.R. 3684, to authorize funds table; as follows: ‘‘(i) IN GENERAL.—The term ‘motor vehicle’ for Federal-aid highways, highway At the end of title V of division B, add fol- means a vehicle driven or drawn by mechan- safety programs, and transit programs, lowing: ical power and manufactured primarily for and for other purposes; which was or- SEC. 25028. STUDY ON ELECTRIC VEHICLE EMIS- use on public highways. dered to lie on the table; as follows: SIONS. ‘‘(ii) EXCLUSION.—The term ‘motor vehicle’ At the end of section 40434 of division D, The Secretary of Energy or a National does not include a vehicle operated exclu- insert the following: Laboratory shall conduct a study on the sively on 1 or more rails. (c) REQUIREMENT.—If the report submitted emissions of the full lifecycle of an electric ‘‘(C) STATE.—The term ‘State’ means— under subsection (b)(2) contains findings that vehicle, from battery production to disposal, ‘‘(i) a State; state that the cancellation of the permit for including— ‘‘(ii) the District of Columbia; and the Keystone XL Pipeline resulted in numer- (1) the emissions associated with the elec- ‘‘(iii) a territory or possession of the ous job losses and an impact on consumer en- tricity generated to power the vehicle United States. ergy costs, the President shall revoke the throughout its life; ‘‘(2) PROHIBITION.—No person may trans- Executive Order. (2) the critical minerals used in the bat- port, or cause to be transported, an equine teries; and from a place in a State through or to a place SA 2299. Mrs. BLACKBURN sub- (3) the mineral refining and transport. in another State or a place that is under the mitted an amendment intended to be sovereignty of a government that is not the proposed to amendment SA 2137 pro- SA 2295. Mr. MENENDEZ submitted United States— posed by Mr. SCHUMER (for Ms. SINEMA an amendment intended to be proposed ‘‘(A) in a motor vehicle containing 2 or (for herself, Mr. PORTMAN, Mr. to amendment SA 2137 proposed by Mr. more levels stacked on top of each other; or MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, ‘‘(B) if the person has reason to believe SCHUMER (for Ms. SINEMA (for herself, Ms. COLLINS, Mr. TESTER, Ms. MUR- that the equine may be slaughtered for KOWSKI, Mr. WARNER, and Mr. ROMNEY)) Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- human consumption.’’; and SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. (4) in subsection (e) (as so redesignated)— to the bill H.R. 3684, to authorize funds TESTER, Ms. MURKOWSKI, Mr. WARNER, (A) in the second sentence, by striking ‘‘On for Federal-aid highways, highway and Mr. ROMNEY)) to the bill H.R. 3684, learning of a violation,’’ and inserting the safety programs, and transit programs, to authorize funds for Federal-aid high- following: and for other purposes; which was or- ways, highway safety programs, and ‘‘(3) CIVIL ACTION.—On learning of a viola- dered to lie on the table; as follows: transit programs, and for other pur- tion of any provision of this section,’’; On page 2437, between lines 18 and 19, insert poses; which was ordered to lie on the (B) in the first sentence— the following: (i) by striking ‘‘this section’’ and inserting (e) PROHIBITION ON THE USE OF THE DIGITAL table; as follows: ‘‘subsection (a) or (b)’’; and YUAN.— On page 502, between lines 12 and 13, insert (ii) by striking ‘‘A rail carrier’’ and insert- (1) DEFINITIONS.—In this subsection— the following: ing the following: (A) the term ‘‘digital yuan’’ means the dig- SEC. 12002. TIFIA NON-FEDERAL SHARE. ‘‘(1) IN GENERAL.—A rail carrier’’; and ital currency of the Peoples Bank of China, Section 603(b) of title 23, United States (C) by inserting after paragraph (1) (as so or any successor digital currency of the Peo- Code, is amended by striking paragraph (8) designated) the following: ple’s Republic of China; and inserting the following: ‘‘(2) TRANSPORTATION OF EQUINES.— (B) the term ‘‘executive agency’’ has the ‘‘(8) NON-FEDERAL SHARE.—Notwith- ‘‘(A) IN GENERAL.—A person that know- meaning given that term in section 133 of standing paragraph (9) and section 117(j)(2), ingly violates subsection (d) is liable to the title 41, United States Code; and

VerDate Sep 11 2014 05:09 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00152 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.073 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE August 2, 2021 CONGRESSIONAL RECORD — SENATE S5681 (C) the term ‘‘information technology’’ has ‘‘(E) following United States Route 69 from Prentiss, and Collins, to Interstate Route 59 the meaning given that term in section 11101 Interstate Route 10 in Beaumont, Texas, in the vicinity of Laurel, Mississippi, and of title 40, United States Code. north to United States Route 190 in the vi- continuing on Interstate Route 59 north to (2) PROHIBITION ON THE USE OF DIGITAL cinity of Woodville, Texas; Interstate Route 20 and on Interstate Route YUAN.— ‘‘(F) following United States Route 96 from 20 to the Mississippi–Alabama State border; (A) IN GENERAL.—Not later than 60 days Interstate Route 10 in Beaumont, Texas, and after the date of the enactment of this Act, north to United States Route 190 in the vi- ‘‘(B) commencing in the vicinity of Laurel, the Director of the Office of Management cinity of Jasper, Texas; and Mississippi, running south on Interstate and Budget, in consultation with the Admin- ‘‘(G) following United States Route 190, Route 59 to United States Route 98 in the vi- istrator of General Services, the Director of State Highway 305, and United States Route cinity of Hattiesburg, connecting to United the Cybersecurity and Infrastructure Secu- 385 from Interstate Route 10 in Pecos Coun- States Route 49 south then following United rity Agency, the Director of National Intel- ty, Texas, to Interstate 20 at Odessa, States Route 49 south to Interstate Route 10 ligence, and the Secretary of Defense, and Texas.’’; and in the vicinity of Gulfport and following Mis- consistent with the information security re- (2) by adding at the end the following: sissippi Route 601 southerly terminating quirements under subchapter II of chapter 35 ‘‘(92) United States Route 421 from the near the Mississippi State Port at Gulfport. of title 44, United States Code, shall develop interchange with Interstate Route 85 in ‘‘(101) The Middle Alabama Corridor in- standards and guidelines for executive agen- Greensboro, North Carolina, to the inter- cluding the route— cies requiring the removal of any digital change with Interstate Route 95 in Dunn, ‘‘(A) beginning at the Alabama–Mississippi yuan from information technology. North Carolina. border generally following portions of I–20 (B) NATIONAL SECURITY AND RESEARCH EX- ‘‘(93) The South Mississippi Corridor from until following a new interstate extension CEPTIONS.—The standards and guidelines de- the Louisiana and Mississippi border near paralleling United States Highway 80, spe- veloped under subparagraph (A) shall in- Natchez, Mississippi, to Gulfport, Mis- cifically— clude— sissippi, shall generally follow— ‘‘(B) crossing Alabama Route 28 near (i) exceptions for law enforcement activi- ‘‘(A) United States Route 84 from the Lou- Coatopa, Alabama, traveling eastward cross- ties, national security interests and activi- isiana border at the Mississippi River pass- ing United States Highway 43 and Alabama ties, and security researchers; and ing in the vicinity of Natchez, Brookhaven, Route 69 near Selma, Alabama, traveling (ii) for any authorized use of digital yuan Monticello, Prentiss, and Collins, Mis- eastwards closely paralleling United States under an exception, requirements for agen- sissippi, to the logical terminus with Inter- Highway 80 to the south crossing over Ala- cies to develop and document risk mitiga- state Route 59 in the vicinity of Laurel, Mis- bama Routes 22, 41, and 21, until its intersec- tion actions for such use. sissippi, and continuing on Interstate Route tion with I–65 near Hope Hull, Alabama; 59 south to the vicinity of Hattiesburg, Mis- ‘‘(C) continuing east along the proposed --- sissippi; and Montgomery Outer Loop south of Mont- SA 2300. Mr. CRUZ (for himself and ‘‘(B) United States Route 49 from the vicin- gomery, Alabama where it would next join Mr. WARNOCK) submitted an amend- ity of Hattiesburg, Mississippi, south to with I–85 east of Montgomery, Alabama; ment intended to be proposed to Interstate Route 10 in the vicinity of Gulf- ‘‘(D) continuing along I–85 east bound until amendment SA 2137 proposed by Mr. port, Mississippi, following Mississippi Route its intersection with United States Highway SCHUMER (for Ms. SINEMA (for herself, 601 south and terminating near the Mis- 280 near Opelika, Alabama or United States Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- sissippi State Port at Gulfport. Highway 80 near Tuskegee, Alabama; ‘‘(94) The Kosciusko to Gulf Coast corridor SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ‘‘(E) generally following the most expe- commencing at the logical terminus of Inter- dient route until intersecting with existing TESTER, Ms. MURKOWSKI, Mr. WARNER, state Route 55 near Vaiden, Mississippi, run- United States Highway 80 (JR Allen Park- and Mr. ROMNEY)) to the bill H.R. 3684, ning south and passing east of the vicinity of way) through Phenix City until continuing to authorize funds for Federal-aid high- the Jackson Urbanized Area, connecting to into Columbus, Georgia. ways, highway safety programs, and United States Route 49 north of Hattiesburg, ‘‘(102) The Middle Georgia Corridor includ- transit programs, and for other pur- Mississippi, and generally following United ing the route— poses; which was ordered to lie on the States Route 49 to a logical connection with ‘‘(A) beginning at the Alabama–Georgia table; as follows: Interstate Route 10 in the vicinity of Gulf- Border generally following the Fall Line port, Mississippi. Freeway from Columbus, Georgia to Au- Beginning on page 440, strike line 19 and ‘‘(95) The Interstate Route 22 spur from the gusta, Georgia, specifically— all that follows through page 443, line 14, and vicinity of Tupelo, Mississippi, running ‘‘(B) travelling along United States Route insert the following: south generally along United States Route 45 80 (JR Allen Parkway) through Columbus, (a) HIGH PRIORITY CORRIDORS.—Section to the vicinity of Shannon, Mississippi. Georgia and near Fort Benning, Georgia, 1105(c) of the Intermodal Surface Transpor- ‘‘(96) The route that generally follows east to Talbot County, Georgia where it tation Efficiency Act of 1991 (Public Law 102– United States Route 412 from its intersection would follow Georgia Route 96, then com- 240; 105 Stat. 2032; 133 Stat. 3018) is amend- with Interstate Route 35 in Noble County, mencing on Georgia Route 49C (Fort Valley ed— Oklahoma, passing through Tulsa, Okla- Bypass) to Georgia Route 49 (Peach Park- (1) by striking paragraph (84) and inserting homa, to its intersection with Interstate way) to its intersection with Interstate the following: Route 49 in Springdale, Arkansas. Route 75 in Byron, Georgia; ‘‘(84) The Central Texas Corridor, including ‘‘(97) The Louie B. Nunn Cumberland Ex- ‘‘(C) continuing north along Interstate the route— pressway from the interchange with Inter- Route 75 through Warner Robins and Macon, ‘‘(A) commencing in the vicinity of Texas state Route 65 in Barren County, Kentucky, Georgia where it would meet Interstate Highway 338 in Odessa, Texas, running east- east to the interchange with United States Route 16, then following Interstate Route 16 ward generally following Interstate Route 20, Highway 27 in Somerset, Kentucky. east it would next join United States Route connecting to Texas Highway 158 in the vi- ‘‘(98) The route that generally follows 80 and then onto State Route 57; cinity of Midland, Texas, then following State Route 7 from Grenada, Mississippi, to ‘‘(D) commencing with State Route 57 Texas Highway 158 eastward to United States Holly Springs, Mississippi, passing in the vi- which turns into State Route 24 near Route 87 and then following United States cinity of Coffeeville, Water Valley, Oxford, Milledgeville, Georgia would then bypass Route 87 southeastward, passing in the vicin- and Abbeville, Mississippi, to its logical con- Wrens, Georgia with a newly constructed by- ity of San Angelo, Texas, and connecting to nection with Interstate Route 22 in the vi- pass, and after the bypass it would join United States Route 190 in the vicinity of cinity of Holly Springs, Mississippi. United States Route 1 near Fort Gordon into Brady, Texas; ‘‘(99) The Central Louisiana Corridor com- Augusta, Georgia where it will terminate at ‘‘(B) commencing at the intersection of mencing at the logical terminus of Louisiana Interstate Route 520.’’. Interstate Route 10 and United States Route Highway 8 at the Sabine River Bridge at (b) DESIGNATION AS FUTURE INTERSTATES.— 190 in Pecos County, Texas, and following Burrs Crossing and generally following por- Section 1105(e)(5)(A) of the Intermodal Sur- United States Route 190 to Brady, Texas; tions of Louisiana Highway 8 to Leesville, face Transportation Efficiency Act of 1991 ‘‘(C) following portions of United States Louisiana, and then eastward on Louisiana (Public Law 102–240; 109 Stat. 597; 133 Stat. Route 190 eastward, passing in the vicinity of Highway 28, passing in the vicinity of Alex- 3018) is amended in the first sentence— Fort Hood, Killeen, Belton, Temple, Bryan, andria, Pineville, Walters, and Archie, to the (1) by inserting ‘‘subsection (c)(84),’’ after College Station, Huntsville, Livingston, logical terminus of United States Route 84 at ‘‘subsection (c)(83),’’; and Woodville, and Jasper, to the logical ter- the Mississippi River Bridge at Vidalia, Lou- (2) by striking ‘‘and subsection (c)(91)’’ and minus of Texas Highway 63 at the Sabine isiana. inserting ‘‘subsection (c)(91), subsection River Bridge at Burrs Crossing and including ‘‘(100) The Central Mississippi Corridor, in- (c)(92), subsection (c)(93)(A), subsection a loop generally encircling Bryan/College cluding the route— (c)(94), subsection (c)(95), subsection (c)(96), Station, Texas; ‘‘(A) commencing at the logical terminus subsection (c)(97), subsection (c)(99), sub- ‘‘(D) following United States Route 83 of United States Route 84 at the Mississippi section (c)(100), subsection (c)(101), and sub- southward from the vicinity of Eden, Texas, River and then generally following portions section (c)(102)’’. to a logical connection to Interstate Route of United States Route 84 passing in the vi- (c) NUMBERING OF PARKWAY.—Section 10 at Junction, Texas; cinity of Natchez, Brookhaven, Monticello, 1105(e)(5)(C)(i) of the Intermodal Surface

VerDate Sep 11 2014 05:09 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00153 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.072 S02AUPT1 SSpencer on DSK126QN23PROD with SENATE S5682 CONGRESSIONAL RECORD — SENATE August 2, 2021 Transportation Efficiency Act of 1991 (Public gated the final rulemaking under subsection journ until 10:30 a.m., Tuesday, August Law 102–240; 109 Stat. 598; 133 Stat. 3018) is (c), each’’ and inserting ‘‘Each’’; and 3, 2021; further, that following the pray- amended— (B) by adding at the end the following: er and pledge, the morning hour be (1) by striking the fifteenth sentence and ‘‘(3) IMPROVING TARGETS.— deemed expired, the Journal of pro- inserting the following: ‘‘The route referred ‘‘(A) IN GENERAL.—A State shall establish to in subsection (c)(84)(A) is designated as an improving target for the measures de- ceedings be approved to date, the time Interstate Route I–14 North. The route re- scribed under paragraph (4) of subsection (c). for the two leaders be reserved for their ferred to in subsection (c)(84)(B) is des- ‘‘(B) IMPROVING TARGET DEFINED.—In this use later in the day, and morning busi- ignated as Interstate Route I–14 South. The paragraph, the term ‘improving target’ ness be closed; and that upon conclu- Bryan/College Station, Texas loop referred means a target that represents an improve- sion of morning business, the Senate to in subsection (c)(84)(C) is designated as ment over baseline conditions for a par- resume consideration of H.R. 3684. Interstate Route I–214.’’; and ticular measure.’’; The PRESIDING OFFICER. Without (2) by adding at the end the following: (2) in subsection (e), in the matter pre- objection, it is so ordered. ‘‘The route referred to in subsection (c)(97) is ceding paragraph (1)— designated as Interstate Route I–365. The (A) by striking ‘‘Not later than 4 years f routes referred to in subsections (c)(84)(C), after the date of enactment of the MAP–21 (c)(99), (c)(100), (c)(101), and (c)(102) are des- and biennially thereafter, a’’ and inserting ADJOURNMENT UNTIL 10:30 A.M. ignated as Interstate Route I–14. The routes ‘‘A’’; and TOMORROW referred to in subparagraphs (D), (E), (F), and (B) by inserting ‘‘biennial’’ after ‘‘the Sec- (G) of subsection (c)(84) and subparagraph (B) retary a’’; and Mr. SCHUMER. Mr. President, if of subsection (c)(100) shall each be given sep- (3) by adding at the end the following: there is no further business to come be- arate Interstate route numbers.’’. ‘‘(f) SAVINGS CLAUSE.—The requirement fore the Senate, I ask unanimous con- --- under subsection (d)(3) shall apply to States sent that it stand adjourned under the SA 2301. Ms. KLOBUCHAR submitted beginning on the date that is 1 year before previous order. the subsequent State target and reporting an amendment intended to be proposed deadlines related to safety performance man- There being no objection, the Senate, to amendment SA 2137 proposed by Mr. agement established pursuant to this sec- at 9 p.m., adjourned until Tuesday, Au- SCHUMER (for Ms. SINEMA (for herself, tion.’’. gust 3, 2021, at 10:30 a.m. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- f f SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. PRIVILEGES OF THE FLOOR TESTER, Ms. MURKOWSKI, Mr. WARNER, NOMINATIONS and Mr. ROMNEY)) to the bill H.R. 3684, Mr. CARPER. Mr. President, I ask to authorize funds for Federal-aid high- unanimous consent that Heather Dean, Executive nominations received by ways, highway safety programs, and a fellow with the Senate Committee on the Senate: transit programs, and for other pur- Environment and Public Works, be DEPARTMENT OF STATE poses; which was ordered to lie on the given floor privileges for the duration JONATHAN ERIC KAPLAN, OF CALIFORNIA, TO BE AM- BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF table; as follows: of the 117th Congress. THE UNITED STATES OF AMERICA TO THE REPUBLIC OF At the end of subtitle B of title I of divi- The PRESIDING OFFICER. Without SINGAPORE. objection, it is so ordered. FRANCISCO O. MORA, OF FLORIDA, TO BE PERMANENT sion A, add the following: REPRESENTATIVE OF THE UNITED STATES OF AMERICA SEC. 11207. NATIONAL GOALS AND PERFORM- f TO THE ORGANIZATION OF AMERICAN STATES, WITH THE RANK OF AMBASSADOR, VICE CARLOS TRUJILLO. ANCE MEASURES. ORDERS FOR TUESDAY, AUGUST 3, UNITED STATES AGENCY FOR INTERNATIONAL Section 150 of title 23, United States Code, 2021 DEVELOPMENT is amended— (1) in subsection (d)— Mr. SCHUMER. Mr. President, I ask AMY ELIZABETH SEARIGHT, OF THE DISTRICT OF CO- unanimous consent that when the Sen- LUMBIA, TO BE AN ASSISTANT ADMINISTRATOR OF THE (A) in paragraph (1), by striking ‘‘Not later UNITED STATES AGENCY FOR INTERNATIONAL DEVEL- than 1 year after the Secretary has promul- ate completes its business today, it ad- OPMENT, VICE JONATHAN NICHOLAS STIVERS.

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