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Congressional Record — Senate, S5627 (August 2, 2021)

Summary

Page S5627 of the Senate section of the Congressional Record for August 2, 2021, carrying text of amendments to H.R. 3684 that were ordered to lie on the table, in interleaved columns. One section addresses the treatment of forgiveness of certain loans under highway and public transportation cost reimbursement contracts, saying no cost reduction or cash refund is due to the Department of Transportation. Another section sets out Move America bonds, a proposed Internal Revenue Code provision with exceptions for government ownership and high-speed rail bonds and a volume cap, and a further section requires a report on certain uses of federal funds.

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“Congressional Record — Senate, S5627 (August 2, 2021).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-08-02-crec-2021-08-02-pt1-pgs5627-02800534e7/, SHA-256 72b1e46d2c778d017c2d4d3334a2d7c64379fa4abc551a57130face889ce6a1c.

Full text

                                               August 2, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                       S5627
                                               and Mr. ROMNEY)) to the bill H.R. 3684,                 SEC. 115ll. TREATMENT OF PAYCHECK PROTEC-                ‘‘(2) EXCEPTIONS.—
                                                                                                                   TION PROGRAM LOAN FORGIVENESS                ‘‘(A) NO GOVERNMENT OWNERSHIP REQUIRE-
                                               to authorize funds for Federal-aid high-                            UNDER   HIGHWAY  AND   PUBLIC              MENT.—Paragraph (1) of section 142(b) shall
                                               ways, highway safety programs, and                                  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
                                               poses; which was ordered to lie on the                    Notwithstanding section 31.201–5 of title 48,
                                                                                                                                                              BONDS.—Paragraphs (2) and (3) of section
                                               table; as follows:                                      Code of Federal Regulations (or successor
                                                                                                                                                              142(i) shall not apply to any Move America
                                                                                                       regulations), for the purposes of any cost-re-
                                                 At the end of title VII of division B, add                                                                   bond described in subsection (b)(6).
                                                                                                       imbursement contract initially awarded in
                                               the following:                                                                                                   ‘‘(C) SPECIAL RULES FOR HIGHWAY AND SUR-
                                                                                                       accordance with section 112 of title 23,
                                                                                                                                                              FACE      TRANSPORTATION       FACILITIES.—Para-
                                               SEC. 27005. REPORT ON CERTAIN USES OF FED-              United States Code, or section 5325 of title
                                                                                                                                                              graphs (2), (3), and (4) of section 142(m) shall
                                                           ERAL FUNDS.                                 49, United States Code, or any subcontract
                                                                                                                                                              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                                                                             ‘‘(b) MOVE AMERICA BOND.—For purposes of
                                                                                                       of Transportation or to a State transpor-
                                               term ‘‘Department provided funds’’ means                                                                       this part, the term ‘Move America bond’
                                                                                                       tation department, transit agency, or other
                                               amounts provided by the Department as fi-                                                                      means any bond issued as part of an issue 95
                                                                                                       recipient of assistance under chapter 1 of
                                               nancial assistance or pursuant to a financial                                                                  percent or more of the net proceeds of which
                                                                                                       title 23, United States Code, or chapter 53 of
                                               assistance agreement.                                                                                          are used to provide—
                                                                                                       title 49, United States Code, on the basis of
                                                 (2) FINANCIAL ASSISTANCE.—The term ‘‘fi-                                                                       ‘‘(1) airports,
                                                                                                       forgiveness of a covered loan, as defined in
                                               nancial assistance’’ includes grants, sub-                                                                       ‘‘(2) docks and wharves, including—
                                                                                                       section 7A of the Small Business Act (15
                                               grants, contracts, cooperative agreements,                                                                       ‘‘(A) waterborne mooring infrastructure,
                                                                                                       U.S.C. 636m), pursuant to the provisions of
                                               and any other form of financial assistance.                                                                      ‘‘(B) dredging in connection with a dock or
                                                                                                       that section.
                                                 (3) REPORTABLE NONWORKING TIME.—The                                                                          wharf, and
                                               term ‘‘reportable nonworking time’’ means                                                                        ‘‘(C) any associated rail and road infra-
                                                                                                         SA 2231. Mr. THUNE (for himself, Mr.
                                               any time—                                                                                                      structure for the purpose of integrating
                                                 (A) during which an employee is not work-             MORAN, Ms. BALDWIN, and Mrs. CAPITO)
                                                                                                                                                              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,
                                               vidual or entity that receives Department                                                                        ‘‘(7) any—
                                                                                                       for Federal-aid highways, highway                        ‘‘(A) surface transportation project which
                                               provided funds under this Act or any other
                                               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.
                                               entities in determining whether an em-                                                                           ‘‘(c) DEFINITIONS.—For purposes of this sec-
                                                                                                       SCHUMER (for Ms. SINEMA (for herself,
                                               ployee—                                                                                                        tion—
                                                                                                       Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-                       ‘‘(1) FLOOD DIVERSIONS.—The term ‘flood
                                                 (1) is not working for purposes of sub-               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.                                                                         ice infrastructure’ means the construction,
                                               DUCKWORTH, Ms. LUMMIS, Mr. PADILLA,                     poses; which was ordered to lie on the
                                                                                                                                                              improvement, or acquisition of facilities and
                                               Mr. INHOFE, and Ms. BALDWIN) sub-                       table; as follows:                                     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:                                             Rural Electrification Act of 1936) which—
                                               proposed to amendment SA 2137 pro-
                                                                                                       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
                                               (for   herself,   Mr.    PORTMAN,      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)




SSpencer on DSK126QN23PROD with SENATE
                                               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-
                                                                                                       BOND.—Except as otherwise provided in this             ant to an issue, when added to the aggregate
                                               dered to lie on the table; as follows:
                                                                                                       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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