Congressional Record, Senate Page S2765 — June 8, 2020
Summary
Congressional Record, Senate, June 8, 2020, at S2765 and S2766. It records S. Res. 610 and S. Res. 611, submitted by Mr. Gardner for himself and Ms. Hirono concerning the Republic of Fiji and the Kingdom of Tonga. Under Amendments Submitted and Proposed, it lists SA 1593, submitted by Mrs. Murray and others to S. 3591, and SA 1594, SA 1595, SA 1596, SA 1597 and SA 1598, each submitted to H.R. 1957. The text of SA 1593 inserts a section headed Harbor Maintenance Trust Fund Reform.
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“Congressional Record, Senate Page S2765 — June 8, 2020.”
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June 8, 2020 CONGRESSIONAL RECORD — SENATE CORRECTION S2765
SENATE RESOLUTION 610—RECOG- (3) recognizes Fiji’s participation in multi- cluding fisheries and marine resource con-
NIZING THAT FOR 50 YEARS, THE national security forces and multilateral in- servation, environmental challenges and re-
REPUBLIC OF FIJI HAS WORKED stitutions, including the United Nations, the silience, global health, development and
WITH THE UNITED STATES TO- International Monetary Fund, the World trade, people-to-people ties, and continuing
WARD STABILITY, PROSPERITY, Bank, the Asian Development Bank, the United States assistance, as appropriate, to
AND PEACE IN THE PACIFIC AND International Atomic Energy Agency, the support the rule of law, good governance,
BEYOND, AND EXPRESSING THE World Trade Organization, the Pacific Com- and economic development; and
SENSE OF THE SENATE THAT munity, and the Secretariat of the Pacific (3) recognizes Tonga’s participation in
THE UNITED STATES WILL CON- Regional Environmental Programme, and multinational security forces and multilat-
TINUE TO REMAIN A STRONG, the Pacific Islands Forum. eral institutions including the United Na-
RELIABLE, AND ACTIVE PART- f tions, International Monetary Fund, World
NER IN THE PACIFIC Bank, Asian Development Bank, Inter-
SENATE RESOLUTION 611—RECOG- national Atomic Energy Agency, the World
Mr. GARDNER (for himself and Ms.
HIRONO) submitted the following reso- NIZING THAT FOR 50 YEARS, THE Trade Organization, the Pacific Community,
lution; which was referred to the Com- KINGDOM OF TONGA HAS the Secretariat of the Regional Environ-
mittee on Foreign Relations: WORKED WITH THE UNITED mental Programme, and the Pacific Islands
S. RES. 610 STATES TOWARD STABILITY, Forum.
Whereas Fiji became independent of the PROSPERITY, AND PEACE IN THE f
United Kingdom on October 10, 1970; PACIFIC AND BEYOND, AND EX- AMENDMENTS SUBMITTED AND
Whereas Fiji is a valued security partner of PRESSING THE SENSE OF THE
the United States, participating in the Inter- PROPOSED
national Military Education and Training SENATE THAT THE UNITED
SA 1593. Mrs. MURRAY (for herself, Ms.
(IMET) program, which sends members of STATES WILL CONTINUE TO RE- CANTWELL, Mr. DURBIN, Ms. STABENOW, Ms.
the Republic of Fiji Military Forces to pro- MAIN A STRONG, RELIABLE, AND
fessional military education courses in the DUCKWORTH, and Mr. SCHUMER) submitted an
ACTIVE PARTNER IN THE PA- amendment intended to be proposed by her
United States;
Whereas the Republic of Fiji Military CIFIC to the bill S. 3591, to provide for improve-
Forces deployed to Australia in January 2020 Mr. GARDNER (for himself and Ms. ments to the rivers and harbors of the United
to assist with the Australian bushfires and States, to provide for the conservation and
HIRONO) submitted the following reso-
look to contribute to future United Nations development of water and related resources,
peacekeeping operations; lution; which was referred to the Com- to provide for water pollution control activi-
Whereas Fiji participates in workshops mittee on Foreign Relations: ties and for other purposes; which was or-
sponsored by United States Indo-Pacific S. RES. 611 dered to lie on the table.
Command covering international humani- SA 1594. Mr. BARRASSO submitted an
tarian law, humanitarian assistance and dis- Whereas Tonga’s Queen Salote Tupou III
negotiated for the end of British protec- amendment intended to be proposed by him
aster relief (HADR), maritime security,
peacekeeping, and search and rescue oper- torate status for her nation and transition to to the bill H.R. 1957, to amend the Internal
ations; Commonwealth membership, which bore Revenue Code of 1986 to modernize and im-
Whereas, since signing a shiprider agree- fruit in 1970; prove the Internal Revenue Service, and for
ment with Fiji in 2019, the United States has Whereas Tonga is a valued security partner other purposes; which was ordered to lie on
hosted Fijian shipriders on United States of the United States, and the Tongan De- the table.
Navy and Coast Guard vessels; fense Services deployed four contingents to SA 1595. Mr. BARRASSO submitted an
Whereas the United States Government Iraq between 2004 and 2008; amendment intended to be proposed by him
supports strengthening cooperative activi- to the bill H.R. 1957, supra; which was or-
ties with the Government of Fiji, including Whereas, in the coming year, the United
States is committed to deepening this rela- dered to lie on the table.
sustainable fisheries management and those SA 1596. Ms. BALDWIN (for herself, Mr.
authorized by the Asia Reassurance Initia- tionship through security cooperation, in-
BRAUN, Mr. BROWN, and Mr. SCHUMER) sub-
tive Act of 2018 (Public Law 115–109); cluding hosting Tongan defense forces for
mitted an amendment intended to be pro-
Whereas section 1252 of the National De- International Military Education and Train-
posed by her to the bill H.R. 1957, supra;
fense Authorization Act for Fiscal Year 2020 ing (IMET) programs;
(Public Law 116–92) expands the number of which was ordered to lie on the table.
Whereas the United States Government SA 1597. Mr. CASSIDY (for himself, Mr.
countries that receive assistance under the supports many cooperative activities with
Indo-Pacific Maritime Security Initiative, CORNYN, Mr. KENNEDY, Mr. JONES, Mr.
including Fiji; the Government of Tonga in sustainable fish- WICKER, Mr. SULLIVAN, Mr. SHELBY, and Ms.
Whereas a peaceful, prosperous, and open eries management and development assist- MURKOWSKI) submitted an amendment in-
Indo-Pacific rooted in a rule-based order that ance, including those authorized by the Asia tended to be proposed by him to the bill H.R.
promotes security, opportunity, and dignity Reassurance Initiative Act of 2018 (Public 1957, supra; which was ordered to lie on the
to all peoples benefits the people of both the Law 115–409); table.
United States and Fiji; Whereas section 1252 of the National De- SA 1598. Mr. BARRASSO submitted an
Whereas Fiji restored democratic govern- fense Authorization Act for Fiscal Year 2020 amendment intended to be proposed by him
ance in 2014; (Public Law 116–92) expands the number of to the bill H.R. 1957, supra; which was or-
Whereas over 30,000 United States citizens countries that receive assistance under the dered to lie on the table
trace their roots to Fiji, and many of these Indo-Pacific Maritime Security Initiative,
reside in California; f
including Tonga;
Whereas Fiji has hosted the Peace Corps
since 1968; Whereas a peaceful, prosperous, and open TEXT OF AMENDMENTS
Whereas Des Plaines, Illinois, and Nailuva, Indo-Pacific rooted in a rule-based order that SA 1593. Mrs. MURRAY (for herself,
Fiji, are sister cities, a broad-based, long- promotes security, opportunity, and dignity
Ms. CANTWELL, Mr. DURBIN, Ms. STABE-
term partnership to promote peace through to all peoples benefits the people of both the
United States and the Kingdom of Tonga; NOW, Ms. DUCKWORTH, and Mr. SCHU-
mutual respect, understanding, and coopera-
tion centered on people-to-people exchanges; Whereas the Kingdom of Tonga, a constitu- MER) submitted an amendment in-
and tional monarchy, took steps towards demo- tended to be proposed by her to the bill
Whereas the Nevada National Guard en- cratic governance beginning in 2010; S. 3591, to provide for improvements to
tered into a State Partnership Program with Whereas over 50,000 United States citizens the rivers and harbors of the United
Fiji in 2019: Now, therefore, be it
trace their roots to the Kingdom of Tonga, States, to provide for the conservation
Resolved, That the Senate— and many of these reside in the States of and development of water and related
(1) commends the Republic of Fiji on a suc- Utah, California, and Hawaii;
cessful return to democracy and 2 elections
resources, to provide for water pollu-
Whereas Tonga has hosted the Peace Corps
deemed to be free and fair by international since 1967; and tion control activities and for other
observers; Whereas the Nevada National Guard en- purposes; which was ordered to lie on
the table; as follows:
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(2) supports and affirms the full implemen- tered into a State Partnership Program with
tation of provisions of the Asia Reassurance Tonga in 2014: Now, therefore, be it At the appropriate place in subtitle A of
Initiative Act of 2018 (Public Law 115–409) Resolved, That the Senate— title I, insert the following:
with regard to deepening its cooperation (1) commends the Kingdom of Tonga on a SEC. 1lll. HARBOR MAINTENANCE TRUST
with Fiji in areas of mutual interest, includ- successful transition to a constitutional FUND REFORM.
ing fisheries and marine resource conserva- monarchy and 3 elections deemed to be free (a) EXPENDITURE OF COLLECTIONS FROM
tion, environmental challenges and resil- and fair by international observers; HARBOR MAINTENANCE TRUST FUND.—
ience, global health, development and trade, (2) supports and affirms the full implemen- (1) IN GENERAL.—Section 210 of the Water
and people-to-people ties, as well as con- tation of provisions of the Asia Reassurance Resources Development Act of 1986 (33 U.S.C.
tinuing United States assistance, as appro- Initiative Act of 2018 (Public Law 115–409) 2238) is amended—
priate, to support the rule of law, good gov- with regard to deepening its cooperation (A) by striking the section designation and
ernance, and economic development; and with Tonga in areas of mutual interest, in- heading and inserting the following:
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S2766 CONGRESSIONAL RECORD — SENATE June 8, 2020
‘‘SEC. 210. EXPENDITURE OF RECEIPTS FROM ‘‘(ii) is located in, or adjacent to, a berth ‘‘(C) GREAT LAKES NAVIGATION SYSTEM.—Of
HARBOR MAINTENANCE TRUST that is accessible to a Federal navigation the amounts available under this subsection,
FUND.’’;
project. the Secretary shall use not less than 12 per-
(B) by striking subsections (d) and (e); ‘‘(D) An activity to maintain or improve cent for projects that are located within the
(C) by redesignating subsections (a), (b), slope stability at a berth in a harbor that is Great Lakes Navigation System.
(c), and (f) as subsections (b), (c), (d), and (a), accessible to a Federal navigation project, if ‘‘(D) EMERGING HARBORS.—Of the amounts
respectively, and moving the subsections so the activity benefits commercial navigation available under this subsection, the Sec-
as to appear in alphabetical order; at the harbor.’’; retary shall use not less than 12 percent for
(D) in subsection (a) (as so redesignated)— emerging harbor projects.
(ix) by inserting after paragraph (10) (as so
(i) in paragraph (2), by striking ‘‘referred ‘‘(E) ALLOCATION.—
redesignated) the following:
to in subsection (a)(2)’’; ‘‘(i) IN GENERAL.—Amounts provided to a
‘‘(11) HARBOR MAINTENANCE TRUST FUND.—
(ii) in paragraphs (6) and (7), by striking port under this subsection shall be available
The term ‘Harbor Maintenance Trust Fund’
‘‘subsection (a)(2)’’ each place it appears and to the port as—
means the Harbor Maintenance Trust Fund
inserting ‘‘subsection (b)(1)(B)’’; ‘‘(I) a donor port;
(iii) by striking paragraphs (8) and (9); established by section 9505 of the Internal
Revenue Code of 1986.’’; and ‘‘(II) a medium-sized donor port; or
(iv) by redesignating paragraphs (1) ‘‘(III) an energy transfer port.
through (7) as paragraphs (2), (5), (8), (9), (10), (x) by inserting after paragraph (12) (as so
redesignated) the following: ‘‘(ii) TREATMENT.—No port may receive
(12), and (14), respectively;
‘‘(13) MEDIUM-SIZED DONOR PORT.— amounts made available under this sub-
(v) by inserting before paragraph (2) (as so
‘‘(A) IN GENERAL.—The term ‘medium-sized section for more than 1 designation described
redesignated) the following:
donor port’ means a port— in clause (i).’’;
‘‘(1) CARGO CONTAINER.—The term ‘cargo
‘‘(i) that is subject to the harbor mainte- (F) in subsection (d) (as so redesignated)—
container’ means a cargo container that is 1
nance fee under section 24.24 of title 19, Code (i) by striking the subsection designation
Twenty-foot Equivalent Unit.’’;
of Federal Regulations (or a successor regu- and heading and all that follows through
(vi) by inserting after paragraph (2) (as so
lation); ‘‘the Secretary’’ in paragraph (1) and insert-
redesignated) the following:
‘‘(ii) at which, on an annual average basis ing the following:
‘‘(3) DISCRETIONARY CARGO.—The term ‘dis-
cretionary cargo’ means maritime cargo for for the previous 3 fiscal years, the total ‘‘(d) USE OF FUNDS.—
which the United States port of unloading is amount of harbor maintenance taxes col- ‘‘(1) ALLOCATIONS.—The Secretary’’;
different than the United States port of lected, including domestic cargo and cruise (ii) in paragraph (1), by striking ‘‘sub-
entry. passenger estimates, was more than section (a)(2), including expenditures of
‘‘(4) DONOR PORT.— $5,000,000, but less than $15,000,000; funds appropriated from the Harbor Mainte-
‘‘(A) IN GENERAL.—The term ‘donor port’ ‘‘(iii) that, on an average annual basis for nance Trust Fund’’ and inserting ‘‘sub-
means a port— the previous 5 fiscal years, received less than section (b)(1)(B)’’;
‘‘(i) that is subject to the harbor mainte- 25 percent of the total amount of harbor (iii) by redesignating paragraph (4) as para-
nance fee under section 24.24 of title 19, Code maintenance taxes collected at that port; graph (5); and
of Federal Regulations (or a successor regu- and (iv) by striking paragraph (3) and inserting
lation); ‘‘(iv) that is located in a State in which, on the following:
‘‘(ii) at which, on an average annual basis an average annual basis for the previous 3 ‘‘(3) DONOR PORTS AND ENERGY TRANSFER
for the previous 3 fiscal years, the total fiscal years, more than 2,000,000 cargo con- PORTS.—
amount of harbor maintenance taxes col- tainers were unloaded from or loaded onto ‘‘(A) IN GENERAL.—Subject to subparagraph
lected, including domestic cargo and cruise vessels. (B), the Secretary shall use amounts in the
passenger estimates, was not less than ‘‘(B) CALCULATION.—For the purpose of cal- Harbor Maintenance Trust Fund to pay the
$15,000,000; culating the percentage described in sub- costs described in subsection (b)(1)(C), in ac-
‘‘(iii) that, on an annual average basis for paragraph (A)(iii), payments described in cordance with the applicable allocations
the previous 5 fiscal years, received less than subsection (d)(3)(B)(i) shall not be in- under paragraph (4).
25 percent of the total amount of harbor cluded.’’; ‘‘(B) USE OF FUNDS.—The amounts provided
maintenance taxes collected at that port; (E) in subsection (b) (as so redesignated)— under this paragraph may be used at a donor
and (i) by redesignating paragraphs (1) and (2) port, a medium-sized donor port, or an en-
‘‘(iv) that is located in a State in which, on as subparagraphs (A) and (B), respectively, ergy transfer port—
an average annual basis for the previous 3 and indenting the subparagraphs appro- ‘‘(i) to provide payments to importers en-
fiscal years, more than 2,000,000 cargo con- priately; tering cargo through that port, as calculated
tainers were unloaded from or loaded onto (ii) in subparagraph (A) (as so redesig- by the Secretary according to the value of
vessels. nated), by striking ‘‘and’’ at the end; discretionary cargo and in accordance with
‘‘(B) CALCULATION.—For the purpose of cal- (iii) in subparagraph (B) (as so redesig- subparagraph (C);
culating the percentage described in sub- nated), by striking the period at the end and ‘‘(ii) for expanded uses; or
paragraph (A)(iii), payments described in inserting the following: ‘‘; and ‘‘(iii) for environmental remediation re-
subsection (d)(3)(B)(i) shall not be in- ‘‘(C) up to 100 percent of the eligible costs lated to dredging berths and Federal naviga-
cluded.’’; to donor ports, medium-sized donor ports, tion channels.
(vii) by inserting after paragraph (5) (as so and energy transfer ports, in accordance ‘‘(C) ADMINISTRATION OF PAYMENTS.—
redesignated) the following: with this section.’’; ‘‘(i) IN GENERAL.—If a donor port, medium-
‘‘(6) ENERGY COMMODITY.—The term ‘energy (iv) in the matter preceding subparagraph sized donor port, or energy transfer port
commodity’ includes— (A) (as so redesignated)— elects to provide payments to importers pur-
‘‘(A) petroleum products; (I) by striking ‘‘, established by section suant to subparagraph (B)(i), the Secretary
‘‘(B) natural gas; 9505 of the Internal Revenue Code of 1954,’’; shall transfer to the Commissioner of U.S.
‘‘(C) coal; and Customs and Border Protection those pay-
‘‘(D) wind and solar energy components; (II) by striking ‘‘There are’’ and inserting ments that would otherwise be provided to
and the following: the port under this paragraph to provide
‘‘(E) biofuels. ‘‘(1) IN GENERAL.—There are’’; and payments to the importers of discretionary
‘‘(7) ENERGY TRANSFER PORT.—The term (v) by adding at the end the following: cargo that is—
‘energy transfer port’ means a port— ‘‘(2) LIMITATIONS.— ‘‘(I) shipped through the port; and
‘‘(A) that is subject to the harbor mainte- ‘‘(A) ENERGY TRANSFER PORTS.—The ‘‘(II) most at risk of diversion to seaports
nance fee under section 24.24 of title 19, Code amounts available under this subsection for outside the United States.
of Federal Regulations (or a successor regu- energy transfer ports shall be divided equally ‘‘(ii) REQUIREMENT.—The Secretary, in con-
lation); among all States that contain an energy sultation with a port electing to provide pay-
‘‘(B) through which, on an average annual transfer port. ments pursuant to subparagraph (B)(i), shall
basis for the previous 3 fiscal years, more ‘‘(B) DONOR PORTS AND MEDIUM-SIZED DONOR determine the top importers at the port, as
than 40,000,000 tons of cargo were trans- PORTS.—Of the amounts available under this ranked by the value of discretionary cargo,
ported; and subsection for donor ports and medium-sized and payments shall be limited to those top
‘‘(C) at which, on an average annual basis donor ports— importers.
for the previous 3 fiscal years, energy com- ‘‘(i) 50 percent shall be equally divided ‘‘(4) SPENDING BY ANNUAL HMTF RECEIPTS.—
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modities comprised greater than 25 percent among eligible donor ports, in accordance For each fiscal year, the amounts provided
of all commercial activity by tonnage.’’; with this section; and to carry out subparagraphs (B) and (C) of
(viii) in paragraph (8) (as so redesignated), ‘‘(ii) 50 percent shall be divided between el- subsection (b)(1) shall be distributed in ac-
by adding at the end the following: igible donor ports and medium-sized donor cordance with the following:
‘‘(C) An in-water improvement, if the im- ports based on the percentage of the total ‘‘(A) 85 percent shall be used in accordance
provement— harbor maintenance tax revenues generated with subsection (b)(1)(B); and
‘‘(i) benefits commercial navigation at the at each eligible donor port and medium-sized ‘‘(B) 15 percent shall be used in accordance
applicable harbor; and donor port. with subsection (b)(1)(C), of which—
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June 8, 2020 CONGRESSIONAL RECORD — SENATE S2767
‘‘(i) not less than 5 percent shall be pro- by him to the bill H.R. 1957, to amend or steel product, from the initial melting
vided to energy transfer ports in accordance the Internal Revenue Code of 1986 to stage through the application of coatings,
with subsection (b)(2)(A); and modernize and improve the Internal occurred in the United States;
‘‘(ii) not less than 10 percent shall be pro- ‘‘(ii) in the case of manufactured products,
vided to donor ports and medium-sized donor
Revenue Service, and for other pur-
that—
ports in accordance with subsection poses; which was ordered to lie on the ‘‘(I) the manufactured product was manu-
(b)(2)(B).’’; and table; as follows: factured in the United States; and
(G) by inserting after subsection (d) (as so At the end, add the following: ‘‘(II) the cost of the components of the
redesignated) the following: SEC. 4. ALLOCATION OF LAND AND WATER CON- manufactured product that are mined, pro-
‘‘(e) EMERGENCY EXPENDITURES.—Nothing SERVATION FUND FOR FEDERAL duced, or manufactured in the United States
in this section prohibits the Secretary from PURPOSES. is greater than 50 percent of the total cost of
making an expenditure to pay for the oper- Section 200306(a) of title 54, United States all components of the manufactured product;
ation and maintenance costs of a specific Code, is amended by adding at the end the and
harbor or inland harbor, including the trans- following: ‘‘(iii) in the case of construction materials
fer of funding from the operation and main- ‘‘(5) CONSERVATION PROJECTS.— described in clauses (iv) through (ix) of para-
tenance of a separate project, if— ‘‘(A) IN GENERAL.—Not later than 180 days graph (3)(A), that all manufacturing proc-
‘‘(1) the Secretary determines that the ac- after the date of enactment of this para-
tion is necessary to address the navigation esses for the construction material occurred
graph, and annually thereafter, the Sec- in the United States.
needs of a harbor or inland harbor where safe retary and the Secretary of Agriculture shall
navigation has been severely restricted due ‘‘(B) SECRETARY.—The term ‘Secretary’
develop a priority list for projects (including means the Secretary of Commerce.
to an unforeseen event; and the types of projects described in subpara-
‘‘(2) the Secretary provides, by not later ‘‘(2) UNIFORM STANDARDS.—
graph (B)) that would improve the health, ‘‘(A) IN GENERAL.—Not later than 180 days
than 90 days after the date of the action, a condition, and utility of Federal land under
notice and information regarding the need after the date of enactment of this Act, the
the jurisdiction of the Secretary or the Sec- Secretary shall issue uniform standards that
for the action to the Committee on Environ- retary of Agriculture, as applicable, as of the
ment and Public Works and the Committee define the term ‘all manufacturing proc-
date on which the list is published. esses’ for the purposes of this subsection—
on Appropriations of the Senate and the ‘‘(B) INCLUSIONS.—The project types re-
Committee on Transportation and Infra- ‘‘(i) in the case of iron and steel, in a man-
ferred to in subparagraph (A) include the fol- ner consistent with section 635.410(b)(1)(ii) of
structure and the Committee on Appropria- lowing:
tions of the House of Representatives. title 23, Code of Federal Regulations (as in
‘‘(i) Reclamation, including mine and effect on the date of enactment of this Act);
‘‘(f) ADDITIONAL REPORTS.—At the request
brownfield site reclamation projects con- and
of the Committee on Environment and Pub-
lic Works or the Committee on Appropria- ducted by Federal agencies. ‘‘(ii) in the case of construction materials
tions of the Senate, or the Committee on ‘‘(ii) Post-fire rehabilitation. described in clauses (iv) through (ix) of para-
Transportation and Infrastructure or the ‘‘(iii) Vegetation management. graph (3)(A), in accordance with subpara-
Committee on Appropriations of the House ‘‘(iv) Invasive species management. graph (B).
of Representatives, the Secretary shall sub- ‘‘(v) Wildlife habitat restoration and en- ‘‘(B) CONSIDERATIONS.—In issuing uniform
mit to the Committee an update in the form hancement. standards under subparagraph (A)(ii), the
of testimony and any additional reports re- ‘‘(vi) Watershed and stream restoration. Secretary shall—
garding the allocation of funding under this ‘‘(vii) Other conservation activities, as de- ‘‘(i) ensure that the uniform standards re-
section. termined by the Secretary or the Secretary quire that each manufacturing process re-
‘‘(g) ADJUSTMENTS TO DISCRETIONARY of Agriculture, as applicable. quired for the manufacture of the construc-
SPENDING LIMITS.—Amounts made available ‘‘(C) ALLOTMENT.—Amounts shall be allot- tion material and the inputs of the construc-
from the Harbor Maintenance Trust Fund ted for projects included on a priority list de- tion material occurs in the United States,
under this section or section 9505 of the In- veloped under subparagraph (A).’’. without regard to the origin of raw material
ternal Revenue Code of 1986 shall be made inputs; and
available in accordance with section 14003 of SA 1595. Mr. BARRASSO submitted ‘‘(ii) take into consideration and seek to
the Coronavirus Aid, Relief, and Economic an amendment intended to be proposed maximize the direct and indirect jobs bene-
Security Act (Public Law 116–136).’’. by him to the bill H.R. 1957, to amend fited or created in the production of the con-
(2) DONOR PORTS AND ENERGY TRANSFER the Internal Revenue Code of 1986 to struction material.
PORTS.—Section 2106 of the Water Resources
modernize and improve the Internal ‘‘(3) PROHIBITED USE OF FUND AMOUNTS.—
Reform and Development Act of 2014 (33
Revenue Service, and for other pur- ‘‘(A) IN GENERAL.—No amounts shall be ex-
U.S.C. 2238c) is repealed.
poses; which was ordered to lie on the pended from the Fund for a project under
(3) GAO AUDIT.—Not later than 1 year after
subsection (e) unless all of the following ma-
the date of enactment of this Act, the Comp- table; as follows:
terials used in the project are produced in
troller General of the United States shall At the end, add the following: the United States:
conduct, and submit to Congress a report de- SEC. 4. DEFERRED MAINTENANCE BACKLOG. ‘‘(i) Steel.
scribing the results of, a study to determine Section 200306 of title 54, United States ‘‘(ii) Iron.
the means by which the Corps of Engineers Code, is amended by adding at the end the ‘‘(iii) Manufactured products.
allocates funds in the Harbor Maintenance following: ‘‘(iv) Non-ferrous metals.
Trust Fund established by section 9505 of the ‘‘(e) DEFERRED MAINTENANCE BACKLOG.—No
Internal Revenue Code of 1986 based on na- ‘‘(v) Plastic and polymer-based products
funds may be expended from the Fund under (including polyvinylchloride, composite
tional needs, as compared to geographic eq- this section until the date on which the Sec-
uity. building materials, and polymers used in
retary submits to Congress a written certifi- fiber optic cables).
(b) ANNUAL REPORT TO CONGRESS.—Section
cation that the critical systems deferred ‘‘(vi) Concrete and other aggregates.
330 of the Water Resources Development Act
of 1992 (26 U.S.C. 9505 note; Public Law 102– maintenance backlog of the Service is less ‘‘(vii) Glass (including optic glass).
580) is amended— than $1,000,000,000.’’. ‘‘(viii) Lumber.
(1) in subsection (a)— ‘‘(ix) Drywall.
(A) by striking ‘‘and annually thereafter,’’ SA 1596. Ms. BALDWIN (for herself, ‘‘(B) EXCEPTION.—Subparagraph (A) shall
and inserting ‘‘and annually thereafter con- Mr. BRAUN, Mr. BROWN, and Mr. SCHU- not apply in any case in which the head of
current with the submission of the annual MER) submitted an amendment in- the covered agency carrying out the project
budget request to Congress under section tended to be proposed by her to the bill determines that—
1105 of title 31, United States Code,’’; H.R. 1957, to amend the Internal Rev- ‘‘(i) applying subparagraph (A) would be in-
(B) by striking ‘‘Public Works and Trans- enue Code of 1986 to modernize and im- consistent with the public interest;
portation’’ and inserting ‘‘Transportation ‘‘(ii) the relevant material is not produced
prove the Internal Revenue Service, in the United States in sufficient and reason-
and Infrastructure’’; and
(C) by inserting ‘‘(referred to in this sec- and for other purposes; which was or- ably available quantities and of a satisfac-
tion as the ‘trust fund’)’’ before the period at dered to lie on the table; as follows: tory quality; or
the end; and In section 200402 of title 54, United States ‘‘(iii) inclusion of the relevant material
(2) in subsection (b)(1), by adding at the Code (as added by section 2(a)), add at the produced in the United States will increase
SSpencer on DSK126QN23PROD with SENATE
end the following: end the following: the cost of the overall project by more than
‘‘(D) A description of the expected expendi- ‘‘(l) BUY AMERICA REQUIREMENTS.— 25 percent.
tures from the trust fund to meet the needs ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(C) WAIVER.—If the head of the covered
of navigation for the fiscal year of the budg- ‘‘(A) PRODUCED IN THE UNITED STATES.—The agency carrying out the applicable project
et request.’’. term ‘produced in the United States’ makes a finding under subparagraph (B) to
means— waive subparagraph (A), the head of the cov-
SA 1594. Mr. BARRASSO submitted ‘‘(i) in the case of iron or steel products, ered agency shall, before the date on which
an amendment intended to be proposed that all manufacturing processes for the iron the waiver takes effect—
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